This Agreement is made between MessageBird B.V., a private company with limited liability incorporated under Dutch law, with registered office in Amsterdam and principal place of business at Trompenburgstraat 2C, (1079 TX) Amsterdam, registered with the Trade Register of the Dutch Chamber of Commerce under number 51874474 (“MessageBird”), and Customer.
The Agreement governs Customer’s licensing and use of the Services. By executing an Order Form that references this Agreement or by using our Services, Customer agrees to the terms of this Agreement as of the Effective Date.
Any deviation from this Agreement shall only be valid if and agreed upon by and between the Parties in writing.
NOW, THEREFORE, in consideration of the mutual agreements, covenants and representations contained herein, the Parties agree to the following:
Data Processing Annex (DPA)
This Data Processing Annex applies to all processing of personal data on End-Users that Customer provides to MessageBird through the Services.
Terms such as “personal data”, “processing”, “data controller”, “data processor”, “personal data breach” etc. shall have the meaning assigned to them under the applicable data protection legislation, such as the Regulation (EU) 2016/679 (General Data Protection Regulation), except for the definition of sub-processor which explicitly excludes telecom carriers and other telecom service providers which are deemed necessary for the operation of the Services, yet, due to the fact that such parties are acting as a mere conduit or as an independent data controller, do not fall under the definition of data processor as stated in the Data Protection Legislation. Additionally, the definitions of: “controller” includes “Business”; "processor" includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the CCPA.
MessageBird and Customer both acknowledge and agree that the exchange of personal data between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this DPA. For the avoidance of doubt, MessageBird does not sell Customer’s personal data or the personal data of end users.
Customer and MessageBird both acknowledge and understand that with respect to the processing of personal data of end-users (‘data subjects’), which Customer exports to MessageBird for the provision of the Services, MessageBird acts as a data processor.