‍Data Processing Agreement (DPA)

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Last updated: January 29th, 2025

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This Data Processing Agreement (“DPA”) is an addendum to the Terms of Service between Apprendly AS (“Apprendly”, "we", "us" or "our") and you, which incorporates our Privacy Policy by reference (collectively, the “Agreement”). Unless otherwise stated, or where the context requires, all capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

By accessing or using our website and services, or otherwise interacting with us, you are deemed to have read, understood, and agreed to our Processing of your Personal Data as outlined in this DPA. You hereby acknowledge that you are entering into this DPA on behalf of yourself and, to the extent required under Data Protection Laws, in the name and on behalf of your Authorized Affiliates (as defined below).

You can find more information about our GDPR compliance in our publicly available documentation.
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The parties agree as follows:

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1. Definitions

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“Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.
“Authorized Affiliate” means any of your Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
“Control” means an ownership, voting, or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“Controller” means an entity that determines the purposes and means of the processing of Personal Data.
“Customer Data” means any data that Apprendly AS and/or its Affiliates process on behalf of you in the course of providing the Services under the Agreement.
“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
“Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Laws.
“Processor” means an entity that processes Personal Data on behalf of the Controller.
“Processing” has the meaning given to it in the GDPR, and “process”, “processes”, and “processed” shall be interpreted accordingly.
“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data.
“Services” means the Apprendly website and all content, services, and products available at or through the Apprendly website, including, but not limited to, the Apprendly software and the Apprendly hosted service.
“Sub-processor” means any Processor engaged by Apprendly AS or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or any Apprendly AS Affiliate.
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2. Scope and Applicability of this DPA

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2.1

This DPA applies where and only to the extent that Apprendly AS processes Personal Data on your behalf in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area, and/or their member states, Switzerland, and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.

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2.2 Role of the Parties

As between you and Apprendly AS, you are the Controller of Personal Data, and Apprendly AS shall process Personal Data only as a Processor on your behalf. Nothing in the Agreement or this DPA shall prevent Apprendly AS from using or sharing any data that Apprendly AS would otherwise collect and process independently of your use of the Services.

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2.3 Customer Obligations

You agree that (i) you shall comply with your obligations as a Controller under Data Protection Laws in respect of your processing of Personal Data and any processing instructions it issues to Apprendly AS; and (ii) you have provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for Apprendly AS to process Personal Data and provide the Services pursuant to the Agreement and this DPA.

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2.4 Apprendly AS Processing of Personal Data

As a Processor, Apprendly AS shall process Personal Data only for the following purposes:

(i) processing to perform the Services in accordance with the Agreement;
(ii) processing to perform any steps necessary for the performance of the Agreement; and
(iii) to comply with other reasonable instructions provided by you to the extent they are consistent with the terms of this DPA and the Agreement and only in accordance with your documented lawful instructions.
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3. Sub-processors

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3.1 Authorized Sub-processors

You hereby agree that Apprendly AS may engage Sub-processors from time to time to process Personal Data on your behalf. The Sub-processors currently engaged by Apprendly AS are listed in Annex A of this DPA.

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3.2 Sub-processors’ Obligations

Apprendly AS shall:

(i) enter into a written agreement with each Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and
(ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause Apprendly AS to breach any of its obligations under this DPA.
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4. Security

Apprendly AS shall implement and maintain appropriate technical and organizational security measures to ensure a level of security appropriate to that risk, to protect Personal Data from Security Incidents, and to preserve the security and confidentiality of the Personal Data, in accordance with Apprendly AS's security standards.

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5. Security Reports and Audits

Apprendly AS shall maintain records of its security standards and shall further provide written responses to all reasonable requests for information made by you.

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6. International Transfers

Apprendly AS stores and processes EU Data in data centers located within and outside the European Union and shall implement appropriate safeguards to protect the Personal Data.

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7. Return or Deletion of Data

Upon deactivation of the Services, all Personal Data shall be deleted promptly and in any event within 90 business days, except where required by law.

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8. Cooperation

Apprendly AS shall (at your expense) provide reasonable cooperation to assist you in responding to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement.

9. Miscellaneous

Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect.

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Annex A - List of Sub-processors

Available upon request

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Annex B – Security Measures

Available upon request