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Effective: May 13, 2026
This Data Processing Addendum (this DPA) is incorporated into and forms part of the Main Services Agreement or Order Form, or other written or electronic agreement between Customer (Customer) and Amplitude, which governs Customers use of the Services (as applicable, Agreement). To the extent there is any conflict between the terms of this DPA and the other terms of the Agreement, this DPA will govern.
1. In this DPA:
2021 Standard Contractual Clauses means the clauses issued pursuant to the EU Commission Implementing 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, available at http://data.europa.eu/eli/dec_impl/2021/914/oj and completed as described in the Data Transfers section below.
Applicable Law means all laws, regulations and other legal requirements applicable to either (i) Amplitude as provider of the Amplitude Services or (ii) Customer as user of the Amplitude Services. For example, to the extent applicable, this includes the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), equivalent requirements in the United Kingdom including the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation (UK Data Protection Law), and US State Privacy Laws, in each case as may be amended from time to time.
Data Privacy Framework means the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework self-certification programs operated by the U.S. Department of Commerce.
Designated Address means Customers email address set forth in the Order Form or the email address in Customers account information on record.
Personal Data means any information relating to an identified or identifiable individual, within the meaning of the GDPR (regardless of whether the GDPR applies).
Personal Data Breach means a breach of Amplitudes security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or other Processing of, or access to, Personal Data.
Process and Processing mean any operation or set of operations 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.
Subprocessor means a subcontractor engaged by Amplitude for the Processing of Customer Personal Data.
UK Addendum means the International Data Transfer Addendum to the 2021 Standard Contractual Clauses, issued by the Information Commissioner under S119A(1) Data Protection Act 2018, Version B1.0 available at https://ico.org.uk/media2/migrated/4019539/international-data-transfer-addendum.pdf.
US State Privacy Laws means all state laws relating to the protection and Processing of Personal Data in effect in the United States, which may include, without limitation, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), and the Virginia Consumer Data Protection Act (VCDPA).
2. For ease of reading, some other terms are defined later in the DPA. Capitalized terms used but not otherwise defined in the DPA will have the meaning set forth in the Agreement.
3. This DPA applies only to the extent that Amplitude Processes Personal Data that Customer submits to Amplitude as part of the Amplitude Services, where such data is Customer Data.
4. Unless required by Applicable Law, Amplitude will Process the Personal Data only to: (i) perform the Amplitude Services for Customer pursuant to the Agreement; (ii) comply with this DPA; and (iii) carry out Customers reasonable written instructions that are consistent with the Agreement and this DPA. Without limiting the foregoing, (i) Amplitude shall not sell or share the Personal Data, as such terms are defined in the CCPA, unless expressly directed to do so by Customer; (ii) Amplitude shall not retain, use, or disclose Personal Data for any purpose other than providing the Amplitude Services under the Agreement; and (iii) in no event shall Amplitude attempt to link, identify, or otherwise create a relationship between Personal Data and non-Customer Personal Data or any other data without the express authorization of Customer. As required under Applicable Law, Amplitude will notify Customer if it makes a determination that it can no longer comply with its Processing obligations, in which case Customer may take reasonable and appropriate steps in accordance with the Agreement to stop or remediate any unauthorized Processing of Personal Data. Amplitude hereby certifies that it understands the restrictions and obligations set forth in this DPA and that it will comply with them.
5. If Amplitude receives a demand under Applicable Law to engage in Processing not permitted by the above, Amplitude shall attempt to redirect the demand to Customer and Customer agrees Amplitude may provide information as reasonably necessary for such redirect. If Amplitude cannot redirect the demand to Customer, Amplitude shall, to the extent legally permitted to do so, provide Customer reasonable notice of the demand as promptly as possible under the circumstances. This section does not diminish Amplitudes obligations under the 2021 Standard Contractual Clauses or the UK Addendum with respect to access by public authorities.
6. Customer is responsible for ensuring that it has complied, and will continue to comply with, the requirements of Applicable Law in its use of the Services.
7. With respect to Personal Data, the parties acknowledge and agree that Customer is the Controller and Amplitude is Customers Processor as such terms are defined in the GDPR (regardless of whether the GDPR applies). For clarity, with respect to CCPA, Amplitude is Customers Service Provider as defined therein.
8. Amplitude will ensure that the persons Amplitude authorizes to Process the Personal Data are contractually required to maintain the confidentiality of such data. Amplitude will train relevant employees regarding privacy, confidentiality, and data security.
9. Amplitude will comply with the security obligations of the GDPR and other laws applicable to Amplitudes Processing of Personal Data. Amplitude will assist Customer in Customers compliance with such obligations by implementing technical and organizational measures summarized in Schedule A. Amplitude may make future replacements or updates to the measures, so long as the measures do not materially diminish the level of security provided for the Customers Personal Data.
10. Customer provides general authorization to Amplitudes use of Subprocessors to Process Personal Data in compliance with Applicable Law regarding subprocessing, including GDPR Art. 28. Amplitude shall impose contractual obligations on its Subprocessor that are substantially the same as, or more restrictive than, those imposed on Amplitude under this DPA to the extent applicable to the nature of the services provided by the Subprocessor.
11. Amplitudes current Subprocessors are listed in Schedule B (the Subprocessor List"). When any new Subprocessor is to be engaged, Amplitude will update its list of Subprocessors to include the new Subprocessor at least thirty (30) days prior to giving the Subprocessor access to the Personal Data. If Customer would like to receive email notification of such updates, please contact subprocessor.notifications@amplitude.com to subscribe to such update.
12. If Customer has a reasonable objection relating to data protection to the new Subprocessor, and notifies Amplitude in writing of such objection within thirty (30) days of Amplitudes notice of the new Subprocessor, Amplitude will use reasonable efforts to make available a change in the Amplitude Services or Customers use of the Amplitude Services to avoid Processing of Personal Data by the new Subprocessor objected to by Customer. If Amplitude is unable to make available such change within a reasonable time, and it can be reasonably demonstrated to Amplitude that the new Subprocessor is unable to process Customers Personal Data in compliance with the terms of this DPA or Applicable Law, then Customer may terminate Customers subscription to the Amplitude Services that cannot be provided without use of the new Subprocessor, effective on a Customer-specified date, by providing written notice of the termination and its basis. Promptly after termination, Amplitude will refund on a pro-rata basis any prepaid fees for the applicable Amplitude Services covering the remainder of the subscription term specified in the applicable Order Form following the effective date of termination. Customer is deemed to consent to the new Subprocessor if Customer does not timely object to the new Subprocessor.
13. Amplitude remains liable for its Subprocessors acts and omissions from or related to this DPA to the same extent Amplitude is liable for its own, consistent with the limitations of liability set forth in the Agreement or this DPA.
14. The parties agree that any audit rights provided under the terms of this DPA do not extend to Amplitudes non-affiliated Subprocessors facilities.
15. Amplitude will reasonably and timely assist Customer with the fulfillment of Customers obligation to honor and respond to requests by individuals to exercise their Personal Data-related rights under the GDPR or other Applicable Law (a Data Subject Request), such as rights to access, correct, or delete their Personal Data, insofar as technically possible.
16. If Amplitude receives a Data Subject Request or a complaint from an individual or their representative and the communication identifies Customer (or if Amplitude is aware that the communication pertains to the Personal Data Amplitude Processes for Customer), Amplitude will forward the communication to Customer at the Designated Address:
17. Amplitude will comply with the Personal Data Breach-related obligations applicable to it under the GDPR and other Applicable Law. Amplitude will assist Customer in complying with those obligations applicable to Customer by informing Customer of a Personal Data Breach without undue delay and in any event within 48 hours of becoming aware of a Personal Data Breach impacting Customer and by otherwise complying with this Personal Data Breach Notification section of this DPA.
18. Amplitude will provide such notification to Customer at the Designated Address.
19. Such notification shall not be construed as an acknowledgement of fault or responsibility. The notification will include Amplitudes then-current assessment of the following, which may be based on incomplete information:
20. Amplitude will provide Customer prompt updates to such information as it becomes available.
21. Amplitude will provide reasonable assistance to and cooperation with Customer for (i) Customers performance of any data protection impact assessment of the Processing or proposed Processing of Personal Data involving Amplitude, and (ii) related consultation with supervisory authorities, either or both of which Customer reasonably considers to be required of Customer by Applicable Law.
22. Amplitude shall make available to Customer all Personal Data stored within the Amplitude Services for thirty (30) days after termination or expiration of the Agreement (Data Retrievability Period). After the Data Retrievability Period, Amplitude will promptly destroy all Personal Data stored within the Amplitude Services (including on all Subprocessor systems), except to the extent Applicable Law or other law requires storage of the Personal Data or retention of the Personal Data by Amplitude is necessary to resolve a dispute between the parties.
23. In the event of such legally required retention of the Personal Data, (i) Amplitude will inform Customer of such retention as soon as legally permitted, (ii) Amplitude will retain only Personal Data that it is legally required to retain and will retain it only as long as is legally required, (iii) during the retention period, Amplitude will continue to comply with this DPA with respect to the Personal Data, to the extent legally permitted, and (iv) Amplitude will destroy the Personal Data and inform Customer of such destruction as soon as legally permissible.
24. Upon Customers written request, Amplitude will provide certification of the destruction and/or return of Personal Data within ten (10) business days of completing such destruction or return of Personal Data.
25. To the extent applicable to Customer, the Amplitude EU Data Act Addendum (EUDA Addendum) (located at the following URL: https://amplitude.com/EUDA-Addendum) is hereby incorporated by reference into this DPA. The EUDA Addendum will apply to the extent Customer is subject to Regulation (EU) 2023/2854 (the EU Data Act).
26. Amplitude is audited annually against known, established industry standards performed by external auditors. Upon Customers written request, and subject to the confidentiality obligations set forth in the Agreement, Amplitude will provide Customer with such audit reports or certificates applicable to the Amplitude Services (e.g., SOC 2 report, ISO certificates), to the extent available, or such other information reasonably necessary to demonstrate compliance with this DPA.
27. In the event that the information and documentation provided to Customer by Amplitude in Section 26 (collectively, "Amplitude Security Information) is insufficient to demonstrate Amplitude's compliance with this DPA or where required by Applicable Law, upon Customers written request, Amplitude will also allow for and contribute to Customers audit of the applicable Amplitude controls which are not already covered by the Amplitude Security Information; provided such audit is (i) conducted by Customer or a third-party auditor designated by Customer that has executed an appropriate confidentiality agreement with Amplitude, (ii) Customer and Amplitude mutually agree on the details of the audit, including the reasonable start date, scope and duration, and security and confidentiality controls applicable to such audit, and (iii) a similar audit has not already been conducted less than twelve (12) months prior, unless there are indications of non-compliance and/or it is required or requested by a supervisory authority or other similar regulatory authority responsible for the enforcement of Applicable Law.
28. To protect transfers of Personal Data out of the European Economic Area and its member states, the United Kingdom, and/or Switzerland, Customer authorizes Amplitude to make international transfers of the Personal Data in accordance with one of the following transfer mechanisms. The transfer of Personal Data will be subject to a single transfer mechanism, as applicable, in the following order of precedence: (a) in accordance with the Data Privacy Framework, provided Amplitude is self-certified under the Data Privacy Framework and the Data Privacy Framework remains a lawful transfer mechanism; then (b) subject to the 2021 Standard Contractual Clauses and the UK Addendum, as appropriate. By entering into this DPA, the parties are deemed to be signing the 2021 Standard Contractual Clauses and UK Addendum.
29. To the extent required under GDPR, the 2021 Standard Contractual Clauses form part of this DPA and take precedence over the rest of this DPA for such transfer to the extent of any conflict, and they will be deemed completed as follows:
30. To the extent required under UK Data Protection Law, the UK Addendum forms part of this DPA and takes precedence over the rest of this DPA for such transfer to the extent of any conflict, and it will be deemed completed as follows:
31. Where a transfer of Personal Data is made from Switzerland, the 2021 Standard Contractual Clauses form part of this DPA and take precedence over the rest of this DPA for such transfer to the extent of any conflict, and they will be deemed completed in accordance with Section 29 except that:
32. This DPA survives termination of the Agreement for so long as Amplitude continues to Process such Personal Data or until such Personal Data has been deleted or returned to Customer.
33. If there is a conflict between any provision of the Agreement and this DPA, this DPA shall control.
34. Notwithstanding anything to the contrary in the Agreement or this DPA, each partys liability, taken together in the aggregate, arising out of or relating to this DPA, the SCCs, and any other data protection agreements or security addendum signed by the parties (Ancillary Agreement) in connection with the Agreement (if any), whether in contract, tort, or under any other theory of liability, is subject to the limitations on liability section in the Agreement, and any reference in such section to the liability of a party means the total aggregate liability of that party under the Agreement, this DPA and Ancillary Agreement (if any) together.
35. This DPA supersedes and replaces all previous written and oral agreements, communications and other understandings related to the subject matter of this DPA.
Annexes I and II of the 2021 Standard Contractual Clauses
A. LIST OF PARTIES
MODULE TWO: Transfer controller to processor
Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union]
The data exporter is the legal entity executing the Agreement as Customer, and who is engaging Amplitude to provide the cloud-based digital optimization services, defined in the Agreement as Services.
Data importer(s): [Identity and contact details of the data importer(s), including any contact person with responsibility for data protection]
The data importer is Amplitude, the provider of the Amplitude Services, as defined in the Agreement. Amplitudes entity and contact details are set forth in the Agreement.
B. DESCRIPTION OF TRANSFER
MODULE TWO: Transfer controller to processor
Categories of data subjects whose personal data is transferred:
Customer may submit Personal Data to the Amplitude Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include the Personal Data of Customers end users of mobile and web applications.
Categories of personal data transferred:
Customer may submit Personal Data to the Amplitude Services, the extent of which is determined and controlled by Customer in its sole discretion and may include information about Customers end users (e.g., names, email addresses, and telephone numbers) and their website and application browsing activity, session replays, login history, location, and device information (e.g., device identifiers (not Apple ID), operating system, and IP addresses).
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:
No sensitive Personal Data shall be submitted to the Amplitude Services, unless the Agreement or any Ancillary Agreement specifically permits the transfer of such data subject to any applicable restrictions and/or conditions, and even then, the extent of such transfer is determined and controlled by Customer in its sole discretion.
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis):
Notwithstanding termination of the Agreement, and to the extent submitted to the Amplitude Services by Customer, Amplitude will Process Customer Personal Data continuously, until deletion of all Customer Personal Data as described in this DPA.
Nature of the processing:
Amplitude will Process Personal Data in its performance of Amplitude Services pursuant to the Agreement and this DPA, and to comply with Customers request and instruction to do so provided by Customers execution of the Agreement.
Purpose(s) of the data transfer and further processing:
Customer may submit Personal Data to the Amplitude Services, the extent of which is determined and controlled by Customer in its sole discretion, for Amplitudes provision of the Amplitude Services, as described in the Agreement and further documented, reasonable instructions from Customer specifically agreed upon by the parties.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:
(For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing)
The period for which Customers Personal Data will be retained in the Amplitude Services is determined by Customer during the term of the Agreement or, for session replay (if applicable), as referenced in Customers Order Form. Upon termination of the Agreement, Customer may retrieve its Personal Data as set forth in the Agreement and this DPA and Amplitude will destroy (including on all Subprocessor systems) Customers Personal Data within the timeline described in this DPA..
C. COMPETENT SUPERVISORY AUTHORITY
MODULE TWO: Transfer controller to processor
Identify the competent supervisory authority/ies in accordance with Clause 13:
Customer shall maintain accurate records of the applicable Member State(s) and competent supervisory authority, which shall be made available to Amplitude upon request.
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA FOR ALL AMPLITUDE SERVICES OTHER THAN THE STATSIG BRANDED SERVICES
Amplitude, the data importer, maintains administrative, physical and technical safeguards for the protection of the security, confidentiality and integrity of Personal Data submitted to the Amplitude Services by Customer, the data exporter. Amplitudes information security program is designed in accordance with ISO 27001, an industry recognized gold standard and is described in more detail below. Amplitude may review and update these security standards from time to time, provided that any such update shall not materially diminish the overall security of the Customers Personal Data during the term of the Agreement.
Amplitudes security controls are designed to address its posture as a cloud-based software-as-a-service (SaaS) provider. The following concepts apply to Amplitudes platform and its provision of the Services and are contextually important to understanding Amplitudes security controls.
Amplitude is data neutral and data agnostic: The Amplitude platform does not know what data customers choose to send to the platform and will process all data regardless of its nature as long as it fits the predefined characteristics that allow it to be processed. Amplitude does not make any data-based decisions other than following customers instructions as they configure the platform to perform their desired operations.
No employee access: Amplitude employees do not directly access Customer Personal Data as part of their normal job duties, except as necessary to provide the Amplitude Services or to provide support to a customer upon a customers request, or to comply with the law or a binding order of a governmental body. Only the Amplitude platform interacts with such data, and only according to the programmatic instructions provided by each Amplitude customer with respect to its data.
Security Program: Amplitudes platform is designed according to established industry best security practices, and includes many technical and administrative security controls, including, without limitation:
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA FOR ALL STATSIG BRANDED AMPLITUDE SERVICES
Information about the technical and organizational measures that are applicable to the Statsig-branded Amplitude Services is available at https://statsig.com/trust/security.
To deliver the Services, Amplitude may use the Subprocessors and Amplitude Affiliates listed at https://www.amplitude.com/subprocessor-list to Process Customer Data.
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