Data Processing Addendum (DPA)

This Data Processing Addendum (“DPA”) is effective upon execution of an Order Form (each, an Agreement”), by and between Lucidworks, Inc. (“Lucidworks” or “we”)) and the party named as Customer in the Agreement (also referred to as “you”).   Capitalized terms used but not defined in this DPA shall have the meanings given to them in the Agreement. The parties intend this DPA to be an extension of the Agreement that will outline certain requirements for the processing of personal data provided or made available by Customer, or collected or otherwise obtained by Lucidworks, in the course of providing Services to Customer.

1. Definitions.

  • “California Personal Information” means Personal Data that is subject to the protection of the CCPA.
  • “CCPA” means California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 or “CPRA”).
  • “Consumer”, “Business”, “Sell”, “Service Provider”, and “Share” will have the meanings given to them in the CCPA.
  • “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
  • “Data Protection Laws” means all applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under the Agreement, including without limitation European Data Protection Laws, the CCPA and other applicable U.S. federal and state privacy laws, and the data protection and privacy laws of Australia, Singapore, and Japan, in each case as amended, repealed, consolidated or replaced from time to time.
  • “Data Subject” means the individual to whom Personal Data relates.
  • “Europe” means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.
  • “European Data” means Personal Data that is subject to the protection of European Data Protection Laws.
  • “European Data Protection Laws” means data protection laws applicable in Europe, including: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) GDPR as it forms parts of the United Kingdom domestic law by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”); (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance (“Swiss DPA”); and (v) applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (i), (ii), (iii) or (iv); in each case, as may be amended, superseded or replaced.
  • “Instructions” means the written, documented instructions issued by a Controller to a Processor, and directing the same to perform a specific or general action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
  • “Permitted Affiliates” means any of your Affiliates that (i) are permitted to use the Services pursuant to the Agreement, but have not signed their own separate agreement with us and are not a “Customer” as defined under the Agreement, (ii) qualify as a Controller of Personal Data Processed by us, and (iii) are subject to European Data Protection Laws.
  • “Personal Data” means any information relating to an identified or identifiable individual (an identifiable individual being 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 individual ) where such information is contained within Customer Data.
  • “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Services. “Personal Data Breach” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
  • “Processing” means any operation or set of operations which is performed on Personal Data, including the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms “Process”, “Processes” and “Processed” will be construed accordingly.
  • “Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
  • “Restricted Transfer” means (i) where the GDPR applies, a transfer of personal data from the European Economic Area to a country outside of the European Economic Area which is not subject to an adequacy determination by the European Commission; (ii) where the UK GDPR applies, a transfer of personal data from the United Kingdom to any other country which is not subject to an adequacy determination pursuant to Section 17A of the United Kingdom Data Protection Act 2018; and (iii) where the Swiss DPA applies, a transfer of Personal Data from Switzerland to any other country which is not subject to an adequacy determination by the Swiss Federal Data Protection and Information Commissioner or Federal Council (as applicable).
  • “Standard Contractual Clauses” means: (i) where the GDPR applies, the standard contractual clauses annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (“EU SCCs”); and (ii) where the UK GDPR applies, the International Data Transfer Addendum issued by the UK Information Commissioner under section 119A(1) of the Data Protection Act 2018 (“UK Addendum”) and (iii) where the Swiss DPA applies, the EU SCCs with the Swiss amendments as required by the Swiss Federal Data Protection and Information Commissioner (FDPIC) (“Swiss SCCs”).
  • “Sub-Processor” means any Processor engaged by us or our Affiliates to assist in fulfilling our obligations with respect to the provision of the Services under the Agreement. Sub-Processors may include third parties or our Affiliates but will exclude any Lucidworks employee or consultant.

 

2. Scope and Duration. The parties agree that, as between the parties, Customer is a data controller, or a data processor, and Lucidworks is a data processor, or a sub-processor, in relation to Personal Data that Lucidworks processes on behalf of Customer in the course of providing the services under the Agreement (the “Services”). The subject-matter and duration of the data processing, the nature and purpose of the processing, the types of personal data processed, and the categories of data subjects will be as set out in Annex I of this DPA. The processing will be carried out until the date Lucidworks ceases to provide the Services to Customer.

3. Data Protection Obligations.

3.1 Customer Responsibilities:

  1. Compliance with Laws. Within the scope of the Agreement and in its use of the services, you will be responsible for complying with all requirements that apply to it under applicable Data Protection Laws with respect to its Processing of Personal Data and the Instructions it issues to us. In particular but without prejudice to the generality of the foregoing, you acknowledge and agree that you will be solely responsible for: (i) the accuracy, quality, and legality of Customer Data and the means by which you acquired Personal Data; (ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of the Personal Data, including obtaining any necessary consents and authorizations (particularly for use by Customer for marketing purposes); (iii) ensuring you have the right to transfer, or provide access to, the Personal Data to us for Processing in accordance with the terms of the Agreement (including this DPA); (iv) ensuring that your Instructions to us regarding the Processing of Personal Data comply with applicable laws, including Data Protection Laws; and (v) complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent or managed through the Services, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices. You will inform us without undue delay if you are not able to comply with your responsibilities under this ‘Compliance with Laws’ section or applicable Data Protection Laws.
  2. Controller Instructions. The parties agree that the Agreement (including this DPA), together with your use of the Service in accordance with the Agreement, constitute your complete Instructions to us in relation to the Processing of Personal Data, so long as you may provide additional instructions during the subscription term that are consistent with the Agreement, the nature and lawful use of the Service.
  3. Security. You are responsible for your secure use of the Service, including protecting the security of Personal Data in transit to and from the Service (including to securely backup or encrypt any such Personal Data).

3.2 Lucidworks Responsibilities:

  1. Compliance with Instructions. We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.
  2. Conflict of Laws. If we become aware that we cannot Process Personal Data in accordance with your Instructions due to a legal requirement under any applicable law, we will (i) promptly notify you of that legal requirement to the extent permitted by the applicable law (unless that law prohibits such information on important grounds of public interest); and (ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as you issue new Instructions with which we are able to comply. If this provision is invoked, we will not be liable to you under the Agreement for any failure to perform the applicable Services until such time as you issue new lawful Instructions about the Processing.
  3. Security. We will implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches, as described at https://lucidworks.com/legal/tosm/. (“Security Measures”). Notwithstanding any provision to the contrary, we may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.
  4. Confidentiality. We will ensure that any person whom we authorize to Process Personal Data on our behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.
  5. Personal Data Breaches. We will notify you without undue delay after we become aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by you. At your request, we will promptly provide you with such reasonable assistance as necessary to enable you to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if you are required to do so under Data Protection Laws.
  6. Deletion or Return of Personal Data. We will delete or return all Customer Data (at your election), including Personal Data (including copies thereof) Processed pursuant to this DPA, on termination or expiration of your Services in accordance with the procedures set out in our Product Specific Terms. This term will apply except where we are required by applicable law to retain some or all of the Customer Data, or where we have archived Customer Data on back-up systems, which data we will securely isolate and protect from any further Processing and delete in accordance with our deletion practices.

4. Data Subject Requests

The Service provides you with a number of controls that you can use to retrieve, correct, delete or restrict Personal Data, which you can use to assist it in connection with its obligations under Data Protection Laws, including your obligations relating to responding to requests from Data Subjects to exercise their rights under applicable Data Protection Laws (“Data Subject Requests”).

To the extent that you are unable to independently address a Data Subject Request through the Service, then upon your written request we will provide reasonable assistance to you to respond to any Data Subject Requests or requests from data protection authorities relating to the Processing of Personal Data under the Agreement. You will reimburse us for the commercially reasonable costs arising from this assistance.

If a Data Subject Request or other communication regarding the Processing of Personal Data under the Agreement is made directly to us, we will promptly inform you and will advise the Data Subject or other sender of any such communication to submit their request to you. You will be solely responsible for responding substantively to any such Data Subject Requests or communications involving Personal Data.

5. Sub-Processors

You agree we may engage Sub-Processors to Process Personal Data on your behalf.

We have currently appointed, as Sub-Processors, the third parties and Lucidworks Affiliates listed at https://lucidworks.com/legal/sub-processors/. You may subscribe to receive notifications by email if we add or replace any Sub-Processors by completing the form available at https://legal.Lucidworks.com/subscribe-subprocessor-updates. If you opt-in to receive such email, we will notify you at least 30 days prior to any such change.

We will give you the opportunity to object to the engagement of new Sub-Processors on reasonable grounds relating to the protection of Personal Data within 30 days of notifying you. If you do notify us of such an objection, the parties will discuss your concerns in good faith with a view to achieving a commercially reasonable resolution. If no such resolution can be reached, we will, at our sole discretion, either not appoint the new Sub-Processor, or permit you to suspend or terminate the affected Services in accordance with the termination provisions of the Agreement without liability to either party (but without prejudice to any fees incurred by you prior to suspension or termination). The parties agree that by complying with this sub-section, Lucidworks fulfills its obligations under Sections 9 of the Standard Contractual Clauses.

Where we engage Sub-Processors, we will impose data protection terms on the Sub-Processors that provide at least the same level of protection for Personal Data as those in this DPA (including, where appropriate, the Standard Contractual Clauses), to the extent applicable to the nature of the services provided by such Sub-Processors.

6. Data Transfers

You acknowledge and agree that we may access and Process Personal Data on a global basis as necessary to provide the Service in accordance with the Agreement, and in particular that Personal Data may be transferred to and Processed by Lucidworks, Inc. in the United States and to other jurisdictions where Lucidworks Affiliates and Sub-Processors have operations. Wherever Personal Data is transferred outside its country of origin, each party will ensure such transfers are made in compliance with the requirements of Data Protection Laws.

7. Demonstration of Compliance

This section 7 (Demonstration of Compliance) sets out how we will make all information reasonably necessary to demonstrate compliance with this DPA available to you and allow for and contribute to audits, including inspections conducted by you or your auditor in order to assess compliance with this DPA, where required by applicable law. You acknowledge and agree that you will exercise your audit rights under this DPA and Clause 8.9 of the Standard Contractual Clauses by instructing us to comply with the audit measures described in this ‘Demonstration of Compliance’ section. You acknowledge that the Service is hosted by our hosting Sub-Processors who maintain independently validated security programs (e.g. SOC 2 or ISO 27001) and that our systems are audited annually as part of ISO 27001 compliance and regularly tested by independent third-party penetration testing firms. Upon request, we will make available (on a confidential basis) evidence of our ISO 270001 certification and summary copies of our penetration testing report(s) to you so that you can verify our compliance with this DPA. You may download copies of these documents from Lucidworks’s Security website at trust.Lucidworks.com. Further, at your written request, we will provide written responses (on a confidential basis) to all reasonable requests for information made by you necessary to confirm our compliance with this DPA, provided that you will not exercise this right more than once per calendar year unless you have reasonable grounds to suspect non-compliance with the DPA.

8. Additional Provisions for European Data

  1. Scope. This ‘Additional Provisions for European Data’ section will apply only with respect to European Data.
  2. Data Protection Impact Assessments and Consultation with Supervisory Authorities. To the extent that the required information is reasonably available to us, and you do not otherwise have access to the required information, we will provide reasonable assistance to you with any data protection impact assessments, and prior consultations with supervisory authorities (for example, the French Data Protection Agency (CNIL), the Berlin Data Protection Authority (BlnBDI) and the UK Information Commissioner’s Office (ICO)) or other competent data privacy authorities to the extent required by European Data Protection Laws).
  3. Transfer Mechanisms for Data Transfers.
  4. Lucidworks will not participate in (not permit any Sub-Processor to participate in) any Restricted Transfer of European Data (whether as an exporter or an importer of the European Data) unless it first takes all such measures as are necessary to ensure the transfer is in compliance with applicable European Data Protection Laws. Such measures may include (without limitation transferring such data: to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, between parties that are subject to binding corporate rules authorization in accordance with European Data Protection Laws, or to a recipient that has executed appropriate Standard Contractual Clauses).
  5. Where the transfer of European Data from Customer to Lucidworks is a Restricted Transfer, the parties agree that it shall be subject to the appropriate Standard Contractual Clauses (incorporated by reference and which form part of the Agreement) as follows:
  6. EEA Transfers. In relation to European Data that is subject to the GDPR, the EU SCCs will apply completed as follows: (i) the Module Two (Controller to Processor) terms apply to the extent the Customer is a Controller of European Data and Lucidworks is processing Customer Data as a processor and the Module Three (Processor to Sub-Processor terms apply when Customer is a Processor and Lucidworks is processing Customer Data as a Sub-Processor; (ii) in Clause 7, the optional docking clause applies; (iii) in Clause 9, Option 2 applies and changes to Sub-Processors will be notified in accordance with the ‘Sub-Processors’ section of this DPA; (iv) in Clause 11, the optional language is deleted; (v) in Clauses 17 and 18, the parties agree that the governing law and forum for disputes for the Standard Contractual Clauses will be determined in accordance with the ‘Contracting Entity; Applicable Law; Notice’ section of the Jurisdiction Specific Terms or, if such section does not specify an EU Member State, the Republic of Ireland (without reference to conflicts of law principles); (vi) the Annexes of the Standard Contractual Clauses will be deemed completed with the information set out in Annex I and II of this DPA.
  7. UK Transfers. In relation to European Data that is subject to the UK GDPR, the UK Addendum will apply completed as follows: (i) the EU SCCs, completed as set out in sub-section 8e.(B)(a) above shall also apply to transfers of such European Data, subject to sub-clause (ii); and (ii) Tables 1, 2 and 3 of the UK Addendum will be deemed completed with the relevant information from the EU SCCs completed as set out above (including information set out in the Annexes of this DPA) and Table 4 will be deemed completed by selecting “neither party”.
  8. Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Swiss SCCs will apply completed as follows: the EU SCCs, completed as set out in sub-section 8e.(B) (a) above shall also apply to transfers of such European Data, subject to the amendments listed in sub-clause (i) to (viii) (“Swiss Modifications”). Insofar as the transfer is subject to both the Swiss DPA and the GDPR or UK GDPR, the Swiss Modifications shall only apply with respect to the Swiss DPA and shall not affect the application of the clauses of the EU SCCs for the purposes of the GDPR or UK GDPR. (i) References to “Regulation (EU) 2016/679” or “that Regulation” will be interpreted as references to the Swiss DPA to the extent applicable; (ii) references to specific Articles of “Regulation (EU) 2016/679” shall be replaced with the equivalent article or section of the Swiss DPA; (iii) references to “EU”, “Union” “Member State” and “Member State law” will be interpreted as references to “Switzerland” or “Swiss law” as the case may be; (iv) the term “member state” shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (i.e., Switzerland); (v) Clause 13 (a) and Part C of Annex I are not used; the competent supervisory authority is the FDPIC insofar as the transfers are governed by the Swiss DPA (vi) references to the “competent supervisory authority” and “competent courts” will be replaced with the “the Swiss Federal Data Protection and Information Commissioner ” and the “relevant courts in Switzerland”; (vii) in Clause 17, the EU SCCs shall be governed by the laws of Switzerland; and (viii) the EU SCCs also protect the data of legal entities until the entry into force of the revised Swiss Federal Data Protection Act.
  9. In the event that any provision of this DPA contradicts, directly or indirectly, the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.

9. Additional Provisions for California Personal Information

  1. Scope. The ‘Additional Provisions for California Personal Information’ section of the DPA will apply only with respect to California Personal Information.
  2. Roles of the Parties. When processing California Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the CCPA.
  3. Responsibilities. We certify that we will Process California Personal Information as a Service Provider strictly for the purpose of performing the Services and Consulting Services under the Agreement (the “Business Purpose”) or as otherwise permitted by the CCPA, including as described in the ‘Usage Data’ section of our Privacy Policy. Further, we certify we i) will not Sell or Share California Personal Information; (ii) will not Process California Personal Information outside the direct business relationship between the parties, unless required by applicable law; and (iii) will not combine the California Personal Information included in Customer Data with personal information that we collect or receive from another source (other than information we receive from another source in connection with our obligations as a Service Provider under the Agreement).
  4. Compliance. We will (i) comply with obligations applicable to us as a Service Provider under the CCPA and (ii) provide California Personal Information with the same level of privacy protection as is required by the CCPA. We will notify you if we make a determination that we can no longer meet our obligations as a Service Provider under the CCPA.
  5. CCPA Audits. You will have the right to take reasonable and appropriate steps to help ensure that we use California Personal Information in a manner consistent with Customer’s obligations under the CCPA. Upon notice, you will have the right to take reasonable and appropriate steps in accordance with the Agreement to stop and remediate unauthorized use of California Personal Information.
  6. Not a Sale. The parties acknowledge and agree that the disclosure of California Personal Information by the Customer to Lucidworks does not form part of any monetary or other valuable consideration exchanged between the parties.

10. General Provisions

  1. Amendments. Notwithstanding anything else to the contrary in the Agreement and without prejudice to the ‘Compliance with Instructions’ or ‘Security’ sections of this DPA, we reserve the right to make any updates and changes to this DPA and the terms that apply in the ‘Amendment; No Waiver’ section of the General Terms will apply.
  2. Severability. If any individual provisions of this DPA are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this DPA will not be affected.
  3. Limitation of Liability. Each party and each of their Affiliates’ liability, taken in aggregate, arising out of or related to this DPA (and any other DPAs between the parties) and the Standard Contractual Clauses (where applicable), whether in contract, tort or under any other theory of liability, will be subject to the limitations and exclusions of liability set out in the ‘Limitation of Liability’ section of the General Terms and any reference in such section to the liability of a party means aggregate liability of that party and all of its Affiliates under the Agreement (including this DPA).
  4. Governing Law. This DPA will be governed by and construed in accordance with the ‘Contracting Entity; ‘Applicable Law; Notice’ sections of the Jurisdiction Specific Terms, unless required otherwise by Data Protection Laws.

11. Parties to this DPA

  1. Permitted Affiliates. By signing the Agreement, you enter into this DPA (including, where applicable, the Standard Contractual Clauses) on behalf of yourself and in the name and on behalf of your Permitted Affiliates. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you” and “your” will include you and such Permitted Affiliates.
  2. Authorization. The legal entity agreeing to this DPA as Customer represents that it is authorized to agree to and enter into this DPA for and on behalf of itself and, as applicable, each of its Permitted Affiliates.
  3. Remedies. The parties agree that (i) solely the Customer entity that is the contracting party to the Agreement will exercise any right or seek any remedy any Permitted Affiliate may have under this DPA on behalf of its Affiliates, and (ii) the Customer entity that is the contracting party to the Agreement will exercise any such rights under this DPA not separately for each Permitted Affiliate individually but in a combined manner for itself and all of its Permitted Affiliates together. The Customer entity that is the contracting entity is responsible for coordinating all Instructions, authorizations and communications with us under the DPA and will be entitled to make and receive any communications related to this DPA on behalf of its Permitted Affiliates.
  4. Other rights. The parties agree that you will, when reviewing our compliance with this DPA pursuant to the ‘Demonstration of Compliance’ section, take all reasonable measures to limit any impact on us and our Affiliates by combining several audit requests carried out on behalf of the Customer entity that is the contracting party to the Agreement and all of its Permitted Affiliates in one single audit.

APPENDIX

ANNEX I

A.     LIST OF PARTIES

Data Exporter(s):

(1) Name: See Customer name(s) set out in the Agreement.

Address: See Customer address set out in the Agreement.

Contact person’s name, position and contact details: See Customer contact person’s details in the Agreement.

Activities relevant to the data transferred under these Clauses: The receipt of the Services under the Agreement.

Signature and date: See signature block of the Agreement.

Role (controller/processor): Controller

Data importer(s):

Lucidworks, Inc.
235 Montgomery Street, Suite 500
San Francisco, CA 94104
Attention: VP, Global Legal Affairs
legal@lucidworks.com
Activities relevant to the data transferred under these Clauses: The provision of the Services under the Agreement.

Signature and date: See signature block of the Agreement.

Role (controller/processor): processor

B.     DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred

Individuals about whom Personal Data is provided to Data Importer/Processor via the Services (or at the direction of); Controller or Controller’s end users, which may include without limitation, Controller’s employees, contractors and end users. Categories of personal data transferred

Personal Data provided to the Processor via the Services by (or at the direction of) Controller or Controller’s end users, including but not limited to the following: user profile: first name, last name, email, password (if SSO is not used), and any other contact information, demographic information, or other information provided by the user in unstructured data. Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.

N/A

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).

On a continuous basis.

Nature of the processing

The provision of the Services, as described more fully in the Agreement.

Purpose(s) of the data transfer and further processing

The provision of the Services, as described more fully in the Agreement.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

The personal data will be retained for as long as necessary to provide the Services under the Agreement and taking into account applicable laws.

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing

Where Lucidworks engages sub-processors it will do so in compliance with the terms of the applicable Standard Contractual Clauses. The subject matter, nature and duration of the processing activities carried out by Lucidworks and any sub-processor will not exceed subject matter, nature and duration of the processing activities as described in this Annex.

C.     COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13

The supervisory authority with responsibility for ensuring compliance by the data exporter with the GDPR with regard to restricted transfers shall be the supervisory authority of Ireland.

Insofar as the data transfer is governed by UK GDPR, the supervisory authority shall be the Information Commissioner’s Office.

Insofar as the data transfer is governed by the Swiss Federal Act on Data Protection, the supervisory authority shall be the Federal Data Protection and Information Commissioner of Switzerland.

last updated 2/9/2024