Data Protection Addendum
Data Protection Addendum
This Data Protection Addendum (“Addendum”) forms part of the agreement (“Principal Agreement”)
entered between Media Partner and AppLift GmbH (“Company”), each a “Party” and collectively the
“Parties”. The Parties agree that there may be personal data shared between the Parties, including but
not limited to, IP addresses, location data, device identifiers, cookie IDs or other identifiers. This
Addendum specifies the data protection obligations of the Parties under the EU General Data
Protection Regulation (“GDPR”) from the underlying principal agreement (“Principal Agreement”). The
duration of this Addendum corresponds to the duration of the Principal Agreement.
Sect. 1 Definitions
(1) If this Addendum uses the term “personal data”, this shall mean any information relating to an
identified or identifiable natural person (‘data subject’); an identifiable natural person is one
who can be identified, directly or indirectly, in particular by reference to an identifier such as
a name, an identification number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social identity of
that natural person;
(2) If this Addendum uses the term “data processing” or “processing” of data, this shall be
generally understood to mean the use of personal data. Data processing or the processing of
data shall mean any operation or set of operations which is performed on personal data or on
sets of personal data, whether or not by automated means, such as collection, recording,
organization, structuring, storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making available, alignment or
combination, restriction, erasure or destruction.
(3) If this Addendum uses the term “Controller to Controller Standard Contractual Clauses”, this
shall mean data protection clauses for the transfer of personal data to controllers outside the
European Union adopted by the European Commission.
(4) Reference is made to further definitions set forth in Art. 4 GDPR.
Sect. 2 Scope
The following provisions shall apply to all personal data processing activities carried out by each party
under the principal agreement.
Sect. 3 Data protection responsibilities
(1) When processing personal data, each Party is a controller with the meaning of Art. 4 (7) GDPR
and hence responsible for complying with applicable data privacy laws. The Parties agree that
the data processing activities carried out by each Party under the Principal Agreement neither
constitutes a joint controllership pursuant to Art. 26 GDPR nor data processing under Art. 28
(2) Each Party shall process personal data in accordance with this Addendum and/or the Principal
Agreement. The Parties shall not process the personal data for secondary purposes which are
incompatible with the purpose for which the personal data were initially collected.
(3) A Party shall not share any personal data with the other Party that allows data subjects to be
directly identified (for example by reference to their name and e-mail address) and/or that
contains any Special Categories of Personal Data pursuant to Art. 9 (1) GDPR.
(4) Annex 1 to this Addendum contains the version of the “Controller to Controller Standard
Contractual Clauses” valid at the time of conclusion of this Addendum, included in the
Commission Decision 2004/915/EC, dated 27 December 2004 and shall constitute an integral
part of this Addendum. Should an updated version of the “Controller to Controller Standard
Contractual Clauses” be adopted by the European Commission in the future, the Parties
undertake to complete and conclude the new version of “Controller to Controller Standard
Contractual Clauses”, if necessary.
Sect. 3 Measure to ensure the security of processing
Each party undertakes to observe the principles of due and proper data processing in accordance with
Art. 32 in conjunction with Art. 5 (1) GDPR. Each party shall take all necessary measures to safeguard
the data and the security of the processing, in particular taking into account the state of the art, as
well as to reduce possible adverse consequences for the affected parties. Measures to be taken
include, in particular, measures to protect the confidentiality, integrity, availability and resilience of
systems and measures to ensure continuity of processing after incidents. In order to ensure an
appropriate level of processing security at all times, each party shall regularly evaluate the measures
implemented and make any necessary adjustments.
Sect. 4 Rights of data subjects
Each party undertakes to maintain appropriate privacy notices regarding the processing of personal
data of Media Partner’s end users in the context of the provision of services in accordance with Art.
12-14 GDPR. Each party shall observe the rights of data subjects pursuant to Art. 15-21 GDPR.
Sect. 5 Miscellaneous
(1) In case of contradictions between the provisions contained in this Addendum and provisions
contained in the Principal Agreement, the provisions of this Addendum shall prevail.
(2) This Addendum is exclusively subject to the laws of the Federal Republic of Germany.
For Media Partner
Signature: ____________________ Signature: ____________________
Standard contractual clauses for the transfer of personal data from the Community to third
countries (controller to controller transfers)
Data transfer agreement between Company (hereinafter “data exporter”) and Media Partner
(hereinafter “data importer”), each a “party”; together “the parties”.
For the purposes of the clauses:
(a) “personal data”, “special categories of data/sensitive data”, “process/processing”, “controller”,
“processor”, “data subject” and “supervisory authority/authority” shall have the same meaning as
in Directive 95/46/EC of 24 October 1995 (whereby “the authority” shall mean the competent data
protection authority in the territory in which the data exporter is established);
(b) “the data exporter” shall mean the controller who transfers the personal data;
(c) “the data importer” shall mean the controller who agrees to receive from the data exporter personal
data for further processing in accordance with the terms of these clauses and who is not subject to
a third country’s system ensuring adequate protection;
(d) “clauses” shall mean these contractual clauses, which are a free-standing document that does not
incorporate commercial business terms established by the parties under separate commercial
The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms
an integral part of the clauses.
I. Obligations of the data exporter
The data exporter warrants and undertakes that:
(a) The personal data have been collected, processed and transferred in accordance with the laws
applicable to the data exporter.
(b) It has used reasonable efforts to determine that the data importer is able to satisfy its legal
obligations under these clauses.
(c) It will provide the data importer, when so requested, with copies of relevant data protection laws
or references to them (where relevant, and not including legal advice) of the country in which the
data exporter is established.
(d) It will respond to enquiries from data subjects and the authority concerning processing of the
personal data by the data importer, unless the parties have agreed that the data importer will so
respond, in which case the data exporter will still respond to the extent reasonably possible and
with the information reasonably available to it if the data importer is unwilling or unable to respond.
Responses will be made within a reasonable time.
(e) It will make available, upon request, a copy of the clauses to data subjects who are third party
beneficiaries under clause III, unless the clauses contain confidential information, in which case it
may remove such information. Where information is removed, the data exporter shall inform data
subjects in writing of the reason for removal and of their right to draw the removal to the attention
of the authority. However, the data exporter shall abide by a decision of the authority regarding
access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect
the confidentiality of the confidential information removed. The data exporter shall also provide a
copy of the clauses to the authority where required.
II. Obligations of the data importer
The data importer warrants and undertakes that:
(a) It will have in place appropriate technical and organisational measures to protect the personal data
against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or
access, and which provide a level of security appropriate to the risk represented by the processing
and the nature of the data to be protected.
(b) It will have in place procedures so that any third party it authorises to have access to the personal
data, including processors, will respect and maintain the confidentiality and security of the personal
data. Any person acting under the authority of the data importer, including a data processor, shall
be obligated to process the personal data only on instructions from the data importer. This provision
does not apply to persons authorised or required by law or regulation to have access to the personal
(c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local
laws that would have a substantial adverse effect on the guarantees provided for under these
clauses, and it will inform the data exporter (which will pass such notification on to the authority
where required) if it becomes aware of any such laws.
(d) It will process the personal data for purposes described in Annex B, and has the legal authority to
give the warranties and fulfil the undertakings set out in these clauses.
(e) It will identify to the data exporter a contact point within its organisation authorised to respond to
enquiries concerning processing of the personal data, and will cooperate in good faith with the data
exporter, the data subject and the authority concerning all such enquiries within a reasonable time.
In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer
will assume responsibility for compliance with the provisions of clause I(e).
(f) At the request of the data exporter, it will provide the data exporter with evidence of financial
resources sufficient to fulfil its responsibilities under clause III (which may include insurance
(g) Upon reasonable request of the data exporter, it will submit its data processing facilities, data files
and documentation needed for processing to reviewing, auditing and/or certifying by the data
exporter (or any independent or impartial inspection agents or auditors, selected by the data
exporter and not reasonably objected to by the data importer) to ascertain compliance with the
warranties and undertakings in these clauses, with reasonable notice and during regular business
hours. The request will be subject to any necessary consent or approval from a regulatory or
supervisory authority within the country of the data importer, which consent or approval the data
importer will attempt to obtain in a timely fashion.
(h) It will process the personal data, at its option, in accordance with:
the data processing principles set forth in Annex A.
(i) It will not disclose or transfer the personal data to a third party data controller located outside the
European Economic Area (EEA) unless it notifies the data exporter about the transfer and
(i) the third party data controller processes the personal data in accordance with a Commission
decision finding that a third country provides adequate protection, or
(ii) the third party data controller becomes a signatory to these clauses or another data transfer
agreement approved by a competent authority in the EU, or
(iii) data subjects have been given the opportunity to object, after having been informed of the
purposes of the transfer, the categories of recipients and the fact that the countries to which
data is exported may have different data protection standards, or
(iv) with regard to onward transfers of sensitive data, data subjects have given their unambiguous
consent to the onward transfer
III. Liability and third party rights
(a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses.
Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages
intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be
liable to data subjects for damages it causes by any breach of third party rights under these clauses.
This does not affect the liability of the data exporter under its data protection law.
(b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this
clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data
importer or the data exporter, for their respective breach of their contractual obligations, with
regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country
of establishment. In cases involving allegations of breach by the data importer, the data subject
must first request the data exporter to take appropriate action to enforce his rights against the data
importer; if the data exporter does not take such action within a reasonable period (which under
normal circumstances would be one month), the data subject may then enforce his rights against
the data importer directly. A data subject is entitled to proceed directly against a data exporter that
has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal
obligations under these clauses (the data exporter shall have the burden to prove that it took
IV. Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data exporter is established,
with the exception of the laws and regulations relating to processing of the personal data by the data
importer under clause II(h), which shall apply only if so selected by the data importer under that clause.
V. Resolution of disputes with data subjects or the authority
(a) In the event of a dispute or claim brought by a data subject or the authority concerning the
processing of the personal data against either or both of the parties, the parties will inform each
other about any such disputes or claims, and will cooperate with a view to settling them amicably
in a timely fashion.
(b) The parties agree to respond to any generally available non-binding mediation procedure initiated
by a data subject or by the authority. If they do participate in the proceedings, the parties may elect
to do so remotely (such as by telephone or other electronic means). The parties also agree to
consider participating in any other arbitration, mediation or other dispute resolution proceedings
developed for data protection disputes.
(c) Each party shall abide by a decision of a competent court of the data exporter’s country of
establishment or of the authority which is final and against which no further appeal is possible.
(a) In the event that the data importer is in breach of its obligations under these clauses, then the data
exporter may temporarily suspend the transfer of personal data to the data importer until the
breach is repaired or the contract is terminated.
(b) In the event that:
(i) the transfer of personal data to the data importer has been temporarily suspended by the data
exporter for longer than one month pursuant to paragraph (a);
(ii) compliance by the data importer with these clauses would put it in breach of its legal or
regulatory obligations in the country of import;
(iii) the data importer is in substantial or persistent breach of any warranties or undertakings given
by it under these clauses;
(iv) a final decision against which no further appeal is possible of a competent court of the data
exporter’s country of establishment or of the authority rules that there has been a breach of the
clauses by the data importer or the data exporter; or
(v) a petition is presented for the administration or winding up of the data importer, whether in its
personal or business capacity, which petition is not dismissed within the applicable period for
such dismissal under applicable law; a winding up order is made; a receiver is appointed over any
of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company
voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
then the data exporter, without prejudice to any other rights which it may have against the data
importer, shall be entitled to terminate these clauses, in which case the authority shall be informed
where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these
(c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under
Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or
a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive
95/46/EC (or any superseding text) becomes directly applicable in such country.
(d) The parties agree that the termination of these clauses at any time, in any circumstances and for
whatever reason (except for termination under clause VI(c)) does not exempt them from the
obligations and/or conditions under the clauses as regards the processing of the personal data
VII. Variation of these clauses
The parties may not modify these clauses except to update any information in Annex B, in which case
they will inform the authority where required. This does not preclude the parties from adding
additional commercial clauses where required.
VIII. Description of the Transfer
The details of the transfer and of the personal data are specified in Annex B. The parties agree that
Annex B may contain confidential business information which they will not disclose to third parties,
except as required by law or in response to a competent regulatory or government agency, or as
required under clause I(e). The parties may execute additional annexes to cover additional transfers,
which will be submitted to the authority where required. Annex B may, in the alternative, be drafted
to cover multiple transfers.
For Data Exporter
For Data Importer
Signature: ____________________ Signature: ____________________
DATA PROCESSING PRINCIPLES
1. Purpose limitation: Personal data may be processed and subsequently used or further
communicated only for purposes described in Annex B or subsequently authorised by the data
2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to
date. The personal data must be adequate, relevant and not excessive in relation to the purposes for
which they are transferred and further processed.
3. Transparency: Data subjects must be provided with information necessary to ensure fair processing
(such as information about the purposes of processing and about the transfer), unless such
information has already been given by the data exporter.
4. Security and confidentiality: Technical and organisational security measures must be taken by the
data controller that are appropriate to the risks, such as against accidental or unlawful destruction
or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any
person acting under the authority of the data controller, including a processor, must not process the
data except on instructions from the data controller.
5. Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC,
data subjects must, whether directly or via a third party, be provided with the personal information
about them that an organisation holds, except for requests which are manifestly abusive, based on
unreasonable intervals or their number or repetitive or systematic nature, or for which access need
not be granted under the law of the country of the data exporter. Provided that the authority has
given its prior approval, access need also not be granted when doing so would be likely to seriously
harm the interests of the data importer or other organisations dealing with the data importer and
such interests are not overridden by the interests for fundamental rights and freedoms of the data
subject. The sources of the personal data need not be identified when this is not possible by
reasonable efforts, or where the rights of persons other than the individual would be violated. Data
subjects must be able to have the personal information about them rectified, amended, or deleted
where it is inaccurate or processed against these principles. If there are compelling grounds to doubt
the legitimacy of the request, the organisation may require further justifications before proceeding
to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to
third parties to whom the data have been disclosed need not be made when this involves a
disproportionate effort. A data subject must also be able to object to the processing of the personal
data relating to him if there are compelling legitimate grounds relating to his particular situation. The
burden of proof for any refusal rests on the data importer, and the data subject may always challenge
a refusal before the authority.
6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as
are necessary to protect such sensitive data in accordance with its obligations under clause II.
7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing,
effective procedures should exist allowing the data subject at any time to “opt-out” from having his
data used for such purposes.
8. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data
exporter or the data importer which produces legal effects concerning a data subject or significantly
affects a data subject and which is based solely on automated processing of personal data intended
to evaluate certain personal aspects relating to him, such as his performance at work,
creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions
concerning data subjects, except when:
(a) (i) such decisions are made by the data importer in entering into or performing a contract with the
data subject, and
(ii) (the data subject is given an opportunity to discuss the results of a relevant automated decision
with a representative of the parties making such decision or otherwise to make representations
to that parties.
(b) where otherwise provided by the law of the data exporter.
DESCRIPTION OF THE TRANSFER
The data exporter is Company, as defined in this Data Protection Addendum.
The data importer is Media Partner, as defined in this Data Protection Addendum.
The personal data transferred concern the following categories of data subjects:
Media Partner’s end users
Categories of data
The personal data transferred concern the following categories of data:
IP addresses, cookies, device IDs and other unique identifiers.
Special categories of data (if appropriate)
The personal data transferred concern the following special categories of data:
The personal data transferred will be subject to the following basic processing activities (please
The personal data will be processed for the purposes specified in the Principal Agreement and the Data