Global Data Processing Addendum
20241212_rev01 · COMPARED WITH 20241006_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE
Full text changes — 20241006_rev01 to 20241212_rev01
| 1 | **_Last Updated_**: 01 October 2024 | |
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| 1 | 3 | To see the previous version of the DPA [please view here](https://www.instructure.com/policies/data-processing-addendum-2022). If the Customer has signed an agreement with Instructure prior to 01 October 2024, the DPA dated December 21st 2022, shall apply. For any agreements signed on, or after 01 October 2024, this DPA shall apply. |
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| 3 | 5 | This Instructure Global Data Processing Addendum ("**DPA**") forms part of the Agreement between Customer (as defined below) and Instructure, Inc., (or its Affiliates, collectively "**Instructure**") (each a "**Party**", collectively "**Parties**"). |
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| 5 | 7 | The Parties hereby agree that this DPA shall be added as an addendum to the Agreement (defined below in Section 1). In case of any discrepancy or conflict between this DPA and the Agreement, this DPA shall prevail regarding the subject matter herein. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. |
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| 7 | 9 | **How this DPA Applies:** This DPA consists of two parts - the main body of the DPA and the Schedules. The Schedules apply as described in each Schedule. |
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| 11 | - Schedule 1 - Data Processing Schedule | |
| 12 | - Schedule 2 - U.S. K-12 & Higher Education Addendum | |
| 13 | - Schedule 3 - EEA & UK Addendum | |
| 14 | - Schedule 4 - Jurisdiction Specific Addendum | |
| 15 | - Schedule 5 - LearnPlatform Research Services Customer Addendum | |
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| 9 | 17 | 1. **Definitions.** In this DPA, the following terms shall have the meanings set out below: |
| 10 | 18 | 1. "**Affiliate(s)**" means any entity which is controlled by, controls, or is in common control with a Party. |
| 11 | 19 | 2. "**Agreement**" means the Instructure Services Order Form, Instructure Standard Terms and Conditions, or other written or electronic agreement in effect between the Parties. |
| 12 | 20 | 3. "**Account Data**" means the Personal Data of Customer employees, personnel, contractors, business contacts, and/or agents that relates to Customer's relationship with Instructure, including without limitation the names or contact information of such individuals authorized by Customer to access Customer's account for or on behalf of Customer, and contact and billing information of individuals that Customer has associated with its account. Account Data also includes without limitation any Personal Data Instructure may need to Process to perform support services, or as part of its legal obligation to retain records. |
| 13 | 21 | 4. "**Customer**" means the entity that signed an Agreement with Instructure. |
| 14 | 22 | 5. "**Customer Personal Data**" means Personal Data provided by or on behalf of Customer to be Processed by Instructure as a Processor in connection with providing the Services and excludes Account Data. |