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This Data Processing Agreement (“DPA”) forms part of the Leadpush Terms of Service and applies where Leadpush LLC (“Leadpush,” “we,” “our,” or “us”) processes Personal Data on behalf of the Customer (“you” or “your”) in the course of providing the Services.
This DPA is designed to meet the requirements of applicable data protection laws, including the EU General Data Protection Regulation (GDPR), UK GDPR, and the California Consumer Privacy Act (CCPA) as amended by the CPRA.
For the purposes of this DPA, you are the “Controller” (or “Business” under CCPA) and Leadpush is the “Processor” (or “Service Provider” under CCPA) of Personal Data.
Leadpush will process Personal Data only in accordance with your documented instructions, unless required to do so by applicable law.
The subject matter of processing is the provision of the Services as described in the Terms of Service.
Processing will continue for the duration of your use of the Services and until all Personal Data is deleted or returned in accordance with this DPA.
Leadpush processes Personal Data for the purposes of transmitting, delivering, and analyzing email, marketing, and related communications on your behalf.
Data subjects may include your customers, subscribers, employees, and other individuals whose data you provide to the Services.
Personal Data may include names, email addresses, contact information, IP addresses, engagement metrics, and any other data you choose to upload or send via the Services.
You are responsible for ensuring that you have a lawful basis for processing Personal Data and for providing any required notices to data subjects.
You are responsible for ensuring the accuracy, quality, and legality of the Personal Data you provide to Leadpush.
Leadpush will ensure that all persons authorized to process Personal Data are subject to confidentiality obligations.
Leadpush will implement appropriate technical and organizational measures to protect Personal Data against unauthorized access, disclosure, alteration, or destruction.
Leadpush will provide reasonable assistance to help you respond to data subject requests under applicable laws.
Leadpush will notify you without undue delay after becoming aware of a Personal Data Breach affecting your data.
You authorize Leadpush to engage sub-processors to assist in providing the Services, provided they are bound by contractual terms that offer the same level of data protection as this DPA.
A current list of sub-processors is available upon request and may be updated from time to time.
If Personal Data is transferred outside the European Economic Area (EEA) or United Kingdom, Leadpush will ensure such transfers are made in compliance with applicable data protection laws.
Where required, Leadpush will use lawful transfer mechanisms, such as Standard Contractual Clauses (SCCs) or other approved safeguards.
Upon termination of the Services, Leadpush will delete or return all Personal Data in its possession, unless retention is required by law.
Upon your request, Leadpush will confirm in writing that such deletion has been completed.
Leadpush will make available information necessary to demonstrate compliance with this DPA and will allow for audits by you or an independent auditor, provided such audits are conducted with reasonable notice and in a manner that minimizes disruption.
In the event of a conflict between this DPA and the Terms of Service, this DPA shall prevail to the extent of the conflict regarding data processing.
This DPA is governed by the laws specified in the Terms of Service.