Capacity Sub-Processors

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Capacity uses certain sub-processors to assist in providing Capacity’s services. A sub-processor is a third-party company engaged by Capacity to process data, which may include customers’ personal data (i) on behalf of Capacity customers; (ii) in accordance with customer instructions as communicated by Capacity (typically as set out in Capacity’s Services Agreement with its customers); and (iii) in strict accordance with the terms of a written contract between Capacity and the sub-processor.

Generally, Capacity contractually obligates its sub-processors to implement appropriate technical and organizational measures to ensure that the sub-processing of data is protected to the standards required by applicable data protection laws. Further information relating to sub-processor security measures can be found via the external links below and by reviewing such sub-processors’ websites.

Where the engagement of a sub-processor requires the cross-border transfer of personal data, Capacity has performed transfer impact assessments for such data transfer or otherwise complied with applicable data protection laws.

Capacity maintains an up-to-date list of the names and locations of all sub-processors below. Capacity customers may check this page for updates to sub-processors.

Duration of processing: For each sub-processor above, processing of personal data will be for the duration that the customer uses and continues to use the applicable features of the Capacity platform, and for the retention periods as set out in customer’s agreement with Capacity.

Our Services Agreement: Capacity’s Services Agreement generally provides that Subscriber may authorize and provide access to the Platform and Platform Services (both as defined therein) to individuals, affiliates of Subscriber (including their users) or another entity (including its users) through Subscriber’s Account and as contemplated in Service Order(s) (“Users”) through a Subscriber account (“Account”). Subscriber is solely responsible for all use of the Account and all Services through the Account by each User.

Furthermore, in the Services Agreement, Subscriber represents, warrants, and covenants to Capacity (among other things) that: (i) it owns or otherwise has and will maintain sufficient rights in the Subscriber Data (as defined therein) to grant to Capacity the rights granted therein to access, use, disclose, store and process the Subscriber Data; and (ii) it has and will maintain the applicable permissions, authorizations, and consents (via its employee handbook privacy, policy or otherwise) for Capacity to access, use, disclose, store and process the Subscriber Personal Information and other Subscriber Data as permitted thereunder.