This Data Processing Addendum (“DPA”) forms part of the Terms of Service between the customer (“Controller”) and [LEGAL ENTITY NAME] (“Processor,” “ApexReach”) and applies where ApexReach processes personal data on the Controller’s behalf. Where the GDPR, UK GDPR, or CCPA/CPRA applies, this DPA governs that processing.
1. Roles & scope
The Controller determines the purposes and means of processing; ApexReach processes personal data only as a processor, on documented instructions from the Controller, including for the lead data the Controller obtains and sends through the Service.
2. Subject matter, duration, nature & purpose
- Subject matter: provision of the ApexReach lead-generation and outbound Service.
- Duration: for the term of the subscription plus any retention/deletion period.
- Nature & purpose: collection, enrichment, verification, storage, AI-assisted drafting, and transmission of outbound communications.
- Categories of data subjects: business contacts / decision-makers at target organizations.
- Categories of personal data: business name, email, phone, address, job title, public social/profile data. [COUNSEL: confirm no special-category data is processed.]
3. Processor obligations
- Process only on documented Controller instructions.
- Ensure personnel are bound by confidentiality.
- Implement appropriate technical and organizational security measures (see §6).
- Assist the Controller with data-subject requests and with DPIAs and regulator consultations.
- Notify the Controller without undue delay on becoming aware of a personal-data breach.
- Delete or return personal data at the end of the engagement, subject to legal retention.
- Make available information necessary to demonstrate compliance and allow for audits. [COUNSEL: define audit scope/frequency.]
4. Subprocessors
The Controller authorizes ApexReach to engage the subprocessors listed on our Subprocessors page. ApexReach imposes data-protection obligations on each subprocessor and remains liable for their performance. [COUNSEL: define change-notification and objection rights.]
5. International transfers
Where personal data is transferred outside the EEA/UK, the parties rely on [Standard Contractual Clauses / UK IDTA — COUNSEL to attach as an exhibit].
6. Security measures
ApexReach maintains measures including access controls, encryption in transit, tenant isolation via row-level security, and least-privilege service credentials. [ENG/COUNSEL: enumerate the full TOMs as Annex II.]
7. CCPA/CPRA
To the extent CCPA/CPRA applies, ApexReach acts as a “service provider,” processes personal information only for the business purposes specified, and does not sell or share it or retain/use it outside the direct business relationship.
8. Liability & execution
Liability under this DPA is subject to the limitations in the Terms. [COUNSEL: add signature/acceptance mechanism and Annexes I–III (details of processing, TOMs, subprocessor list).]