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Legal

Terms of Service
Privacy Policy
Cookie Policy
Subprocessor List
DPA

Terms of Service

Updated on 10 December 2021

Your use of this website (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). These Terms apply between you (“User,” "Users," "you," or "your") as the user of the Site and Services and Countly Ltd ("Countly," "we," "our," or "us").

These Terms do not apply to Countly Enterprise Edition Subscriptions which are governed by written agreements between Countly and the customer.

Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site and/or Services. If you do not agree to be bound by these Terms, you should stop using the Site and Services immediately.

If you have any questions about these Terms please contact us at hello@count.ly.

Intellectual Property and Acceptable Use

All Content included on this Site, unless uploaded by Users, is the property of Countly, our affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.

By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.

You may temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Countly.

Prohibited Use

You may not use the Site and Services for any of the following purposes:

  • in any way which causes, or may cause, damage to the Site and Services or interferes with any other person's use or enjoyment of the Site and Services;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms.

You may cancel your registration at any time by contacting us. If you do so, you must immediately stop using the Site and Services. Cancellation or suspension of your registration does not affect any statutory rights.

Links to Other Websites

This Site may contain links to other websites. Unless expressly stated, these sites are not under the control of Countly or that of our affiliates.

We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.

Privacy Policy and Cookie Policy

Use of the Site and Services is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by this reference.

Availability of the Site and Disclaimers

Any online facilities, tools, services, or information that Countly makes available through the Site is provided "as is" and on an "as available" basis. We give no warranty that the Site and Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Countly is under no obligation to update information on the Site.

Whilst Countly uses reasonable endeavors to ensure that the Site and Services are secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details, and their computers. Countly accepts no liability for any disruption or non-availability of the Site or Services.

Countly reserves the right to alter, suspend, or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.

Limitation of Liability

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Countly accepts no liability for any of the following:

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
  • loss or corruption of any data, database, or software;
  • any special, indirect, or consequential loss or damage.

General

You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

These Terms may be varied by us from time to time. Such revised terms will apply to the Site and Services from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

These Terms, together with the Privacy Policy and Cookie Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the Terms.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Data Processing Agreement

‍Your use of our services is also governed by our Data Processing Agreement, which outlines how we handle and process personal data. By agreeing to these Terms of Service, you also agree to the terms set forth in our Data Processing Agreement.

Countly Ltd Details

Countly Ltd is a company incorporated in England and Wales with registered number 8568329 whose registered address is 100 Avebury Boulevard, Milton Keynes, United Kingdom, MK9 1FH, and it operates the website www.count.ly. The registered VAT number of Countly Ltd is GB168599344.

You can contact Countly Ltd by email at hello@count.ly.

Privacy Policy

Updated on 2 October 2024

Countly recognizes that your privacy is very important and we take it seriously. This Privacy Policy (the "Privacy Policy") describes how Countly Ltd ("Countly," "we," "our," or "us") collect, use, and share information in connection with your use of our websites (including www.countly.com and any subdomains of this site unless expressly excluded by their own terms and conditions), services, and applications (collectively, the "Services").

This Privacy Policy does not apply to information our customers may process when using our Services. A customer’s processing of any information using our Services is specific to their implementation and governed by customer’s own privacy policy and the written agreements between Countly and the customer.

If you have any questions about this Privacy Policy or Countly’s data collection, use, and disclosure practices, please contact us at privacy@count.ly.

Information We Collect

We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) your use of the Services; (ii) information you provide through your user account on the Services (your "Account") if you register for the Services; and (iii) from third-party websites, services, and partners.

Information We Collect When You Use Our Services

When you use our Services , our servers may automatically log the standard data provided by your web browser. It may include your Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

We may also collect data about the device you are using to access our Services. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

In some countries, including countries in the European Economic Area ("EEA"), the information referenced above may be considered personal information under applicable data protection laws.

Information You Provide

We may ask for personal information, such as your:

  • Name
  • E-mail address
  • Phone / Mobile number
  • Company name

This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

Information We Receive from Third Parties

We may receive publicly available information about you from our third-party partners (for example, from sources like LinkedIn) and combine it with data that we have about you.

How We Collect Information

We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.

Use of Information

We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our Services in the future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymized versions of this information, for example, in website and customer usage trend reports.

We may use your personal details to contact you with updates about our Services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.

Data Processing and Storage

We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.

We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.

If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.

Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

Third-party Access to Information

We use third-party services for:

  • Analytics tracking
  • Advertising and promotion
  • Content marketing
  • Email marketing
  • Payment processing

These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.

We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.

We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.

We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.

Children’s Privacy

Countly does not knowingly collect information from children under the age of 13, and children under 13 are prohibited from using our Services. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you can alert us at privacy@count.ly.

Limits of Our Policy

This Privacy Policy only covers Countly's own collecting and handling of data. We only work with partners, affiliates, and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

This Privacy Policy may be modified from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on our websites. If we materially change the ways in which we use or share personal information previously collected from you through our Services, we will notify you through our Services, by email, or other communication.

Your Rights and Responsibilities

As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel.

You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.

Data Processing Agreement

‍Your use of our services is also governed by our Data Processing Agreement, which outlines how we handle and process personal data. By agreeing to these Terms of Service, you also agree to the terms set forth in our Data Processing Agreement.

Contact Us

If you have any questions or concerns about this Privacy Policy, please feel free to email us at privacy@count.ly or contact us at our address 100 Avebury Boulevard, Milton Keynes, United Kingdom, MK9 1FH

The data controller of your personal information is Countly Ltd.

Cookie Policy

Updated on 10 December 2021

We use cookies to help improve your experience of our websites (including www.countly.com and any subdomains of this site). This Cookie Policy is part of Countly's Privacy Policy, and covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from Countly, with the understanding that we may be unable to provide you with some of your desired content and services.

What is a Cookie?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

Cookies are used to enable certain features (for example, logging in), to track site usage (for example, analytics), to store your user settings (for example, timezone or notification preferences), and to personalise your content (for example, advertising or language).

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (i.e., third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

Types of Cookies and How We Use Them

Essential Cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing. We use essential cookies to enable certain functions on our website.

Performance Cookies

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

Functionality Cookies

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

Targeting/Advertising Cookies

Targeting/Advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/Advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.

Third-party Cookies on our Site

We may employ third-party companies and individuals on our websites—for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by Countly's Cookie Policy.

Our Third-party Privacy Promise

We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.

How You Can Control or Opt Out of Cookies

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

If you browse websites from multiple devices, you may need to update your settings on each individual device.

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

Data Processing Agreement

‍Your use of our services is also governed by our Data Processing Agreement, which outlines how we handle and process personal data. By agreeing to these Terms of Service, you also agree to the terms set forth in our Data Processing Agreement.

Subprocessor List

Last Updated: December 12, 2024

Countly may use Subprocessors to Process Customer Data. This page provides relevant information about each Countly product and Subprocessors they may use under which conditions. If you have questions about this list, please contact us at security@count.ly.

Countly Hosted Server

Subprocessor
Purpose
Trigger
Type of Information
Location
EasyDMARC
Email security and deliverability
If you receive an email from us
All of our outgoing email addresses and content.
USA
GCP
Cloud hosting and infrastructure provider
If you host Countly server with us
Used as Infrastructure-As-A-Service (IaaS), which means we rent servers from GCP, but GCP does not actually have access to the data on those servers.
EU, USA, Asia
Postmark
External mail server
If you receive an email from us
All of our outgoing email addresses and content.
USA

Countly Flex

Subprocessor
Purpose
Trigger
Type of Information
Location
EasyDMARC
Email security and deliverability
If you receive an email from us
All of our outgoing email addresses and content.
USA
GCP
Cloud hosting and infrastructure provider
If you host Countly server with us
Used as Infrastructure-As-A-Service (IaaS), which means we rent servers from GCP, but GCP does not actually have access to the data on those servers.
EU, USA, Asia
Google sign in
Authentication Services
If you authenticate using service
Basic account information (e.g, first and last name, business contact info, email)
USA
Intercom
Customer account administration and support
If you initiate a chat
Name, email, company, country, server domain. If you include other personal data in your support chats, this information would also be processed by Intercom.
EU
Paddle/Profitwell
Payment processor
If you initiated a payment to Flex
Customer payment information (e.g, name, email, company, payment information)
USA
Postmark
External mail server
If you receive an email from us
All of our outgoing email addresses and content.
USA

Countly Website

Subprocessor
Purpose
Trigger
Type of Information
Location
Ahrefs
Search engine optimization
If you access website
Anonymous usage statistics, IP address
USA
Cloudflare
Distributed domain-name-server services
If you access website
Anonymous usage statistics, IP address
USA
jsDelivr
Content delivery service
If you access website
Anonymous usage statistics, IP address
Global
Pipedrive
Customer management
If you submit a form
Information submitted in the form (Name, email, company, company title, company size, any other information shared in the form)
USA, Switzerland
Webflow
Website experience platform
If you access website
IP addresses, the date/time a webpage is accessed; the user agent that identifies the browser or operating system, installed fonts; mime-types; browser language and time zone; Silverlight data; installed plugins; HTTP headers; and screen resolution.
USA
Zappier
Automation service
If you submit a form
Information submitted in the form (Name, email, company, company title, company size, any other information shared in the form)
USA

Countly Support and Documentation

Subprocessor
Purpose
Trigger
Type of Information
Location
Algolia
Support search functionality
If you search our documentation
Anonymous usage statistics, IP address, searched terms
USA
cdnjs
Content delivery service
If you access support portal or documentation
Anonymous usage statistics, IP address
Global
Cloudflare
Distributed domain-name-server services
If you access support portal or documentation
Anonymous usage statistics, IP address
USA
Google font API
Font delivery service
If you access support portal or documentation
Anonymous usage statistics, IP address
USA
jsDelivr
Content delivery service
If you access support portal or documentation
Anonymous usage statistics, IP address
Global
Zendesk
Customer account administration and support
If you create account in our support portal
Name, email, company, country, server domain. If you include other personal data in your support tickets, this information would also be processed by Zendesk.
USA

Contracts and Payments

Subprocessor
Purpose
Trigger
Type of Information
Location
HSBC
Online banking
If you make a payment through bank transfer
Customer payment information (e.g, name, email, company, payment information)
Global
Pandadoc
E-signature platform
If you sign a contract with us
Customer payment information (e.g, name, email, company, payment information)
USA
Stitchdata
Data processing/ETL
If you sign a contract with us
Customer payment information (e.g, name, email, company, payment information)
USA
Stripe
Payment processor
If you make a payment through Stripe
Customer payment information (e.g, name, email, company, payment information)
USA, Ireland
Wise
Payment processor
If you make a payment through Wise
Customer payment information (e.g, name, email, company, payment information)
EU
XERO
Financial management
If you sign a contract with us
Customer payment information (e.g, name, email, company, payment information)
New Zealand

Customers and Communication

Subprocessor
Purpose
Trigger
Type of Information
Location
Brevo
Email marketing services
If you subscribe to our mailing lists
Basic contact information (e.g, name, email)
EU
Clari
Call recording tool
If you communicate with us through calls
Basic contact information (e.g, name, email), transcripted and summerized conversations
USA
Sendsafely
File sharing
If you If you receive packages from us or want to send us files sign a contract with us
Basic contact information (e.g, name, email), anonymous usage statistics, anythng that is shared in files will be processed by Sendsafely
USA, EU, Australia
Slack
Chat communication
If you communicate with us through Slack
Basic account information (name, email, company) and any information shared with us on Slack will be processed by Slack
USA
Typeform
Surveys creation platform
If you participate in our surveys
Basic contact information (e.g, name, email)
USA, EU
Zoom
Video conferencing provider
If you communicate with us through calls
Basic contact information (e.g, name, email), all the inforation shared in the call can be transcribed and processed by Zoom
USA

Data Processing Agreement

Last updated on 17 March 2025

In providing the Data Processing Services to Customer pursuant to the Agreement, Countly may Process (as defined below) Personal Data (as defined below) on behalf of Customer. Countly will comply with the provisions in this Schedule C with respect to its processing of any Personal Data.  Capitalized terms used but not defined in this Schedule C have the same meanings as set out in the Agreement. 

1. Definitions

For the purposes of this Schedule C:

(a)  “Adequacy Regulation” means adequacy regulations covering a transfer of Customer Data pursuant to sub-paragraph 4(1), Part 3, Schedule 21 of the Data Protection Act 2018 (as amended) (including under any regulations issued by the UK Secretary of State pursuant to sub-paragraph 4(3), Part 3, Schedule 21 of that Act), in relation to the data protection regime of a certain non-UK country or territory.

(b) “Adequacy Decision” means a positive finding of adequacy covering an international transfer by the European Commission in relation to the data protection regime of a certain non-EEA country or territory, pursuant to Article 45 of the GDPR.

(c)  "Affiliate(s)" has the same meaning ascribed to it in the Agreement and, if not defined in the Agreement, the term means any legal entity directly or indirectly controlling, controlled by or under common control with a party, where control means the ownership of a majority share of the stock, equity or voting interests of such entity.

(d)    "Applicable Data Protection Law" means any applicable legislation in force from time to time relating to the protection of personal data of individuals including, where applicable, the UK GDPR (as defined in the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) (the “UK GDPR”)(e)    "Controller", “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Process” and “Processing” shall each have the respective meanings given to them (and equivalent expressions) in Applicable Data Protection Law.

(f)    "Customer Data" means any data, information or material originated by Customer that Customer or its members or candidates submit to the Services, collects through its use of the Services or provides to Countly in the course of using the Services, and as set out in the Description of Processing.

(g) “Description of Processing” means the description of Processing set out in Appendix A.

(h) “EU Model Clauses” means the 2021 Standard Contractual Clauses (Module 4 - EU Processor-to-Controller) located here (as updated by Countly from time to time).

(i) “Non-Adequate Country” a country, territory or jurisdiction which: (i) in the case of a transfer concerning Customer Data regulated by the UK GDPR, is not subject to a valid Adequacy Regulation; and (ii) in the case of a transfer concerning Customer Data regulated by the EU GDPR, is not subject to an Adequacy Decision.

(j) “Restricted Transfer” means a transfer of Customer Data by Countly to a Non-Adequate Country.

(k) "Subscription Services" means the analytics and marketing automation services provided by Countly to Customer under the Agreement. 

(l) “UK Addendum” means the UK Addendum located here (as may be updated by Countly from time to time).

2. Roles and Responsibilities.

2.1 Parties' Roles. The parties agree that Customer is a Controller and Countly is a Processor for the purposes of Processing Customer Data pursuant to this Agreement. In some circumstances Customer may be a Processor, in which case Customer appoints Countly as Customer's sub-processor, which shall not change the obligations of either Customer or Countly under this Schedule C, as Countly will remain a Processor with respect to Customer in such event.  

2.2 Purpose Limitation. Countly shall process Personal Data for the purposes set forth in the Agreement and only in accordance with the lawful, documented instructions of Customer, except where otherwise required by applicable law. The Agreement and this Schedule C set out Customer's complete instructions to Countly in relation to the processing of Personal Data and any processing required outside of the scope of these instructions (inclusive of the rights and obligations set forth under the Agreement) will require prior written agreement of the parties. Notwithstanding the proceeding sentences, Countly shall have no obligation to comply (nor any liability for non-compliance) with any of Customer instructions which will or are likely to (in Countly’s opinion): (i) vary the provisions of this Agreement; (ii) be inconsistent with the Description of Processing; and (iii) breach any Applicable Data Protection Laws, and shall notify Customer in writing of the same. 

2.3 Compliance. Customer, as Controller, shall (in connection with Customer Data and the Services):

(a) ensure it has complied, and will continue to comply, with all applicable laws relating to privacy and data protection, including Applicable Data Protection Law;

(b) ensure it has, and will continue to have, the right to transfer, or provide access to, the Customer Data to Countly for processing in accordance with the terms of the Agreement and this Schedule C;

(c) ensure that the Description of Processing at all times accurately reflects Countly’s Processing of Customer Data as a Processor for Customer in relation to the Data Processing Services. If Customer requires changes to the Description of Processing it shall provide an amended version (a “Revised Description”) to Countly. Such Revised Description shall be deemed to have replaced the Description of Processing within five (5) days’ of Countly’s written confirmation and this Agreement shall be deemed amended accordingly on that date. If the nature of the Processing under this Agreement changes in such a way as to change the scope of the Data Processing Services, Countly shall be entitled to amend the charges for the Data Processing Services accordingly;

(d) ensure that all instructions it issues to Countly comply with Applicable Data Protection Laws; and

(e) be and remain solely responsible for determining the legal basis and conditions for the Processing of all Customer Data under this Agreement; 

3. Security.

3.1 Security. Countly shall implement appropriate technical and organizational measures designed to protect against accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to Customer Data (each a "Security Incident"). 

3.2 Confidentiality of Processing. Countly shall ensure that any person that it authorizes to Process the Customer Data (including its and its Affiliates’ staff, agents, and subcontractors) shall be subject to a duty of confidentiality (whether a contractual or a statutory duty). 

3.3 Security Incidents. Upon becoming aware of a Security Incident, Countly shall notify Customer without undue delay and pursuant to the terms of the Agreement and shall provide such timely information as Customer may reasonably require to enable Customer to fulfill any data breach reporting obligations under Applicable Data Protection Law. 

4. Sub-Processing.

4.1 Sub-processors. Customer agrees that Countly may engage Countly Affiliates and is generally authorized to engage any third party Processor to process Customer Data on Countly’s behalf (collectively, "Sub-processors"). The Sub-processors currently engaged by Countly and authorized by Customer are listed Appendix A to this Schedule C. Countly shall impose on such Sub-processors data protection terms that protect the Personal Data to the same standard provided for by this Schedule C and shall remain liable for any breach of the Schedule C caused by a Sub-processor. 

4.2 Changes to Sub-processors. Countly may, by giving no less than thirty (30) days' notice to Customer, add or make changes to the Sub-processors. Customer may object to the appointment of an additional Sub-processor within fourteen (14) calendar days of such notice on reasonable grounds relating to the protection of the Personal Data, in which case Countly shall have the right to cure the objection through one of the following options (to be selected at Countly's sole discretion): (a) Countly will cancel its plans to use the Sub-processor with regard to Personal Data or will offer an alternative to provide the Subscription Services without such Sub-processor; or (b) Countly will take the corrective steps requested by Customer in its objection (which remove Customer's objection) and proceed to use the Sub-processor with regard to Personal Data; or (c) Countly may cease to provide or Customer may agree not to use (temporarily or permanently) the particular aspect of the Subscription Services that would involve the use of such Sub-processor with regard to Personal Data, subject to a mutual agreement of the parties to adjust the remuneration for the Subscription Services considering the reduced scope of the Subscription Services. If none of the above options are reasonably available and the objection has not been resolved to the mutual satisfaction of the parties within 30 days after Countly's receipt of Customer's objection, either party may terminate the Agreement and Customer will be entitled to a pro-rata refund for prepaid fees for Subscription Services not performed as of the date of termination. 

4.3 Emergency Replacement. Countly may replace a Sub-processor if the reason for the change is beyond Countly's reasonable control. In such instance, Countly shall notify Customer of the replacement as soon as reasonably practicable, and Customer shall retain the right to object to the replacement Sub-processor pursuant to Section 4.2 above. 

5. Cooperation.

5.1 Data Subjects' Rights. Countly shall provide commercially reasonable assistance, including by appropriate technical and organizational measures as reasonably practicable, to enable Customer to respond to any inquiry, communication or request from a Data Subject seeking to exercise his or her rights under Applicable Data Protection Law, including rights of access, correction, restriction, objection, erasure or data portability, as applicable. In the event such inquiry, communication or request is made directly to Countly, Countly shall promptly inform Customer by providing the full details of the request. For the avoidance of doubt, Customer is responsible for responding to Data Subject requests for access, correction, restriction, objection, erasure or data portability of that Data Subject's Personal Data. 

5.2 Data Protection Impact Assessments and Prior Consultation. Countly shall, to the extent required by Applicable Data Protection Law, provide Customer with reasonable assistance with data protection impact assessments, security, breach notifications or prior consultations with data protection authorities that Customer is required to carry out under Applicable Data Protection Law. 

6. Security Reports and Audits.

Any provision of security attestation reports (such as SOC 2, Type II or equivalent report) or audits shall take place in accordance with Customer's rights under the Agreement. If the Agreement does not include a provision regarding security attestation reports, Countly shall provide a copy of its most current security attestation report upon Customer's written request no more than once annually. If the Agreement does not include audit rights, Countly and Customer will discuss and agree in advance on the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit; and Countly reserves the right to charge a fee (based on Countly’s reasonable costs) for any such audit. Countly will provide further details of any applicable fee and the basis of its calculation to Customer in advance of such audit.  

7. Deletion or Return of Customer Data.

Upon termination or expiration of the Agreement, Countly shall in accordance with the terms of the Agreement delete or make available to Customer for retrieval all relevant Personal Data (including copies) in Countly's possession. save to the extent that Countly is required by any applicable law to retain some or all of the Personal Data. In such event. Countly shall extend the protections of the Agreement and this Schedule C to such Personal Data and limit any ·further processing of such Personal Data to only those limited purposes that require the retention. for so long as Countly maintains the Personal Data.

8. International Transfers. 

8.1 Where Customer Data processed subject to the UK GDPR is transferred to a Non-Adequate Country, the following terms shall apply:

(a) if the Restricted Transfer is from Countly to Customer the UK Addendum shall be deemed signed by Customer and incorporated into this Agreement. Table 3 of the UK Addendum shall be deemed populated in accordance with the information set out in Appendix A of this Schedule C; and

(b) to the extent a conflict exists between the terms of this Schedule C and the terms of the EU Model Clauses or the UK Addendum, the terms of the EU Model Clauses and/or UK Addendum shall take precedence.

8.2 Where Customer Data processed subject to the EU GDPR is transferred to a Non-Adequate Country, the following terms shall apply:

(a) if the Restricted Transfer is from Countly to Customer, the EU Model Clauses shall be deemed signed by Customer and incorporated into this Agreement. The relevant Annexes of the EU Model Clauses shall be deemed populated in accordance with the information set out in Appendix A of this Schedule C; and

(b) to the extent a conflict exists between the terms of this Schedule C and the terms of the EU Model Clauses, the terms of the EU Model Clauses shall take precedence.

Appendix A
Description of Processing

Processing of Personal Data 

Nature and Subject Matter: The nature and subject matter of the Processing of Personal Data is set out in the Agreement and in this Appendix A.

Duration: The Processing shall begin on the Effective Date and continue until the end of the Term of the Agreement.

Data Subjects

The Personal Data concerns the following categories of Data Subjects:

  • Customers employees
  • End users of Customers’ website and/or applications (as relevant) that the Software is deployed on.

Purposes of the Processing

The Processing is necessary for the following purposes:

  • Countly shall Process Personal Data as necessary to perform its obligations as set out in the Agreement and any written instructions provided by the Customer to Countly in accordance with the Data Processing Agreement set out in this Schedule C.

Categories of Personal Data

The Personal Data that can be processed fall within the following categories:

  • Randomly generated/pseudo anonymized/advertising ID
  • Name
  • Username
  • Organization/Company
  • Address
  • Phone number
  • Email
  • Location data (country code, region, city, coordinates)
  • Birth year
  • Gender
  • Events
  • Time zone
  • Time processed
  • Device information (OS, OS version, screen size and density, browser, browser version, device model, device type, device manufacturer, locale, screen orientation)

Special Categories of Personal Data and/or Article 10 GDPR Personal Data (if applicable)

The Personal Data Processed falls within the following special categories of Personal Data/Article 10 data:

  • N/A

Rights and Obligations of Customer

  • The rights and obligations of the customer where it is a controller shall be as set out in this Agreement and Applicable Data Protection Law.

Sub-Processors

  • The list of Sub-processors currently engaged by Countly and authorized by the customer.
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