1. Definitions

“Client” - refer to and include any person and/or any entity that is accepting the Agreement.

“Сontroller” has the same meaning under the Data Protection Laws.

“Data Protection Laws” means all applicable laws governing the protection of Personal Data including, but not limited to, the General Data Protection Regulation 2016/679 (“GDPR”) and all other laws implementing or supplementing the GDPR including the Germany Federal Data Protection Act 2017 (“BDSG”).

“Data Subject” means the individual to whom Personal Data relates.

“Personal Data” means any information included into Uploaded data relating to an identified or identifiable individual.

“Processing” means processing of Personal Data as defined under the Data Protection Laws, including the storage, amendment, transfer, blocking or erasure of personal data by ABBYY acting on behalf of the Client.

“Processor” has the same meaning under the Data Protection Laws.

“ABBYY” - means ABBYY Europe GmbH Landsberger Str. 300 80687 Munich, Germany (if you have chosen Data Processing Location in the EU) or ABBYY USA Software House, Inc., 890 Hillview Court, Suite 300, Milpitas, CA 95035 (if you have chosen Data Processing Location in the USA).

“Instruction” means the written instruction, issued by Client to ABBYY, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, de-personalizing, blocking, deletion, making available). Instructions shall initially be specified in the Agreement and may, from time to time thereafter, be amended, amplified or replaced by Client in separate written instructions (individual instructions).

“Personal Data Breach” - 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.

“Data Processing Location” means geographical location where Uploaded Data is processed and stored.

“Standard Contractual Clauses”, “SCC” - standard data protection clauses adopted by the European Commission as defined in the Article 46 of the GDPR.

This DPA is subject to the terms of the Agreement and is incorporated into the Agreement by reference. Interpretations and defined terms set forth in the Agreement apply to the interpretation of this Agreement, unless otherwise explicitly stated herein.

The Annexes form part of this DPA and will have effect as if set out in full in the body of this DPA. Any reference to this DPA includes the Annexes.

A reference to writing or written includes faxes and email.

In the case of conflict or ambiguity between:

  • (a) any provision contained in the body of this DPA and any provision contained in the Annexes, the provision in the body of this DPA will prevail;
  • (b) any of the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA will prevail.