Last Updated: November 8, 2024
If you signed a separate Cover Page or previously executed a Data Processing Agreement with Qlty Software Inc.. to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page or Data Processing Agreement applies to your use of the Product.
This Agreement is between Qlty Software Inc.. and the company or person accessing or using the Product. This DPA has 2 parts: (1) the Key Terms on this Cover Page and (2) the Common Paper DPA Standard Terms Version 1.0 ("DPA Standard Terms"), which is incorporated by reference. If there is any inconsistency between the parts of the DPA, the Cover Page will control over the DPA Standard Terms. Capitalized and highlighted words have the meanings given on the Cover Page. However, if the Cover Page omits or does not define a highlighted word, the default meaning will be “none” or “not applicable” and the correlating clause, sentence, or section does not apply to this Agreement. All other capitalized words have the meanings given in the DPA Standard Terms or the Agreement.
Agreement: The Terms of Use or the Business Terms, as applicable.
Approved Subprocessors: https://qlty.sh/legal/subprocessors
Provider Security Contact: security@qlty.sh
Security Policy: As defined in the Agreement.
Governing Law and Chosen Courts: Notwithstanding the governing law or similar clauses of the Agreement, all interpretations and disputes about this DPA will be governed by the laws of the Governing State without regard to its conflict of laws provisions. In addition, and notwithstanding the forum selection, jurisdiction, or similar clauses of the Agreement, the parties agree to bring any legal suit, action, or proceeding about this DPA in, and each party irrevocably submits to the exclusive jurisdiction of, the courts of the Governing State.
Governing State means: New York
Service Provider Relationship: To the extent California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq (“CCPA”) applies, the parties acknowledge and agree that Provider is a service provider and is receiving Personal Data from Customer to provide the Service as agreed in the Agreement and detailed below (see Nature and Purpose of Processing), which constitutes a limited and specified business purpose. Provider will not sell or share any Personal Data provided by Customer under the Agreement. In addition, Provider will not retain, use, or disclose any Personal Data provided by Customer under the Agreement except as necessary for providing the Service for Customer, as stated in the Agreement, or as permitted by Applicable Data Protection Laws. Provider certifies that it understands the restrictions of this paragraph and will comply with all Applicable Data Protection Laws. Provider will notify Customer if it can no longer meet its obligations under the CCPA.
Governing Member State:
EEA Transfers: Ireland
Name: The Customer agreeing to this DPA
Activities relevant to transfer: See Annex 1(B)
Role: Controller
Name: The Provider agreeing to this DPA
Address: 169 Madison Avenue, STE 11723, New York, NY, 10016 USA
Activities relevant to transfer: See Annex 1(B)
Role: Processor
The Service is: Qlty Cloud is a code quality tool that helps developers understand the health of their codebase and find and address issues.
Categories of Data Subjects: Customer's employees
Categories of Personal Data:
Special Category Data: None
Frequency of Transfer: Continuous
Nature and Purpose of Processing: Providing the Service to Customer in accordance with the DPA
Duration of Processing: Provider will process Customer Personal Data as long as required (i) to conduct the Processing activities instructed in Section 2.2(a)-(d) of the Standard Terms; or (ii) by Applicable Laws.
Competent Supervisory Authority: The supervisory authority will be the supervisory authority of the data exporter, as determined in accordance with Clause 13 of the EEA SCCs or the relevant provision of the UK Addendum.
Technical and Organizational Security Measures: See Security Policy