Data Protection Addendum

At Unily, ensuring the privacy, integrity and security of our clients’ data is of the utmost importance. As part of this commitment, we strive to offer our clients the tools they need to adhere to legal requirements and to that end, Unily is issuing a Data Protection Addendum (“GDPR Addendum”) to its clients, to accommodate international data transfers where applicable.

Why is Unily issuing a GDPR Addendum?

We have issued a Data Protection Addendum primarily to account for and incorporate the new Standard Contractual Clauses (SCCs) that the European Commission published on June 4, 2021 (“EU SCCs”) to enable transfers of personal data from the European Economic Area (EEA) to non-adequate countries, where applicable. We’ve also incorporated the UK’s International Data Transfer Addendum to the EU SCCs (“UK SCCs”), which allows clients to also use the new EU SCCs for transfers of personal data from the UK to non-adequate countries, where applicable.

These modernised SCCs replace the 2001, 2004 and 2010 SCCs currently in use where international data transfers occur. They are meant to better align with the regulatory requirements of the General Data Protection Regulation (GDPR), and to address issues highlighted in recent legal decisions such as Schrems II.

Does the GDPR Addendum include any other changes?

In an effort to be as transparent as possible to our clients, we’ve also taken this opportunity to revise and reformat our sub-processor list, to make it more accessible to our clients and easier to keep up to date with any sub-processor changes. You can now find our sub-processor list and subscribe to notifications of changes on our website here. These changes are also referenced in the GDPR Addendum.

Do the SCCs apply to all clients?

The SCCs are only applicable to clients that contract with a Unily entity outside of the UK/EU (e.g. Unily Inc) and that use Unily to process personal data which is subject to the UK GDPR and/or EU GDPR. In this instance, the use of Unily Services will involve the transfer of personal data to, and processing of personal data in, locations outside of the UK and/or EEA in performance of the Unily Services.

To the extent Unily’s processing relates to an international transfer which is subject to the UK GDPR (except if in an applicable adequate country), the UK SCCs will apply and Unily is the 'data importer' and client is the 'data exporter’.

To the extent Unily’s processing relates to an international transfer which is subject to the EU GDPR (except if in an applicable adequate country), the EU SCCs will apply and Unily is the 'data importer' and client is the 'data exporter’.

To the extent that the contracting Unily entity transfers any Personal Data to a sub-processor (including any Unily Affiliates) that processes personal data outside the UK or EEA (except if in an adequate country), such transfers are outside of the scope of the GDPR Addendum. For these purposes, Unily will be deemed the ‘data exporter’ and has therefore entered into applicable standard contractual clauses with any relevant sub-processors.

What about the main agreement between the parties?

The Unily GDPR Addendum is an addendum to the main agreement between Unily and our client and forms part of that agreement. In the event of any conflict between the terms of this GDPR Addendum and the terms of the main agreement, the terms (including definitions) of this GDPR Addendum shall prevail so far as the subject matter concerns the processing of personal data.

How can I access and execute the Unily GDPR Addendum?

The GDPR Addendum has been pre-signed by Unily and can be downloaded here. It can be executed by the client signing and returning it to privacy@unily.com.

What if I have additional questions?

If you have additional questions or concerns, please contact your Customer Success Manager or alternatively, you may reach out to our Data Privacy team directly at privacy@unily.com.  

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