Heap · Heap Terms of Service · View original document ↗

Data Processing Agreement Incorporation and Standard Contractual Clauses

Medium severity Medium confidence Explicitdocumentlanguage Unique · 0 of 352 platforms
Get alerted the next time Heap changes these terms. Get same-day alerts →
Share 𝕏 Share in Share 🔒 PDF
Monitor governance changes for Heap Monitor emails you the same day this changes. The archive stays free.
Get same-day alerts →

Get the weekly research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.

Document Record

What it is

The agreement incorporates Contentsquare's online Data Processing Agreement and Standard Contractual Clauses by reference, treating execution of the MSA or any Order Form as deemed execution of both the DPA and the SCCs. A bespoke DPA may be substituted if separately agreed and executed.

This analysis describes what Heap's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Deemed execution of the DPA and SCCs at MSA signing means the parties are contractually bound by those documents without separate signature, and the DPA terms are subject to unilateral update by Contentsquare subject to the agreement's modification procedures. Customers who require negotiated DPA terms must execute a bespoke agreement separately.

Interpretive note: The enforceability of deemed execution of SCCs by reference (rather than as a signed annex) may vary across EU member state supervisory authority practice and has not been uniformly confirmed across all EEA jurisdictions.

Consumer impact (what this means for users)

The agreement establishes that signing the MSA or any Order Form constitutes execution of Contentsquare's online DPA and the Standard Contractual Clauses referenced within it, which govern cross-border personal data transfers and processing obligations. The DPA is incorporated by reference from a URL and may be updated subject to the agreement's amendment terms.

Cross-platform context

See how other platforms handle Data Processing Agreement Incorporation and Standard Contractual Clauses and similar clauses.

Compare across platforms →

Monitoring

Heap has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.

Get Monitor Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
In respect of the processing of any Personal Data, the Parties agree that the provisions of Contentsquare's Data Processing Agreement (located at: https://contentsquare.com/privacy-center/data-processing-agreement ) shall apply except where the Parties have agreed and executed a bespoke data processing agreement (either, together with its annexes, the "DPA"). Each Party agrees to comply with the terms of the DPA, which shall be incorporated into the Agreement by reference. Execution of this MSA and/or any Order Form shall be deemed as execution of the DPA and the Standard Contractual Clauses incorporated by reference thereto.

Excerpt from Heap's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision directly engages GDPR Chapter V requirements for international data transfers (SCCs issued under GDPR Article 46), UK GDPR transfer mechanisms, and the e-Privacy Directive. The relevant enforcement authorities are EU data protection authorities (including the lead supervisory authority for Contentsquare's EU entity), the UK ICO, and their counterparts in other applicable jurisdictions. The incorporation of SCCs by reference rather than as a signed annex may raise procedural questions in certain EU jurisdictions. 2) GOVERNANCE EXPOSURE: High. Deemed execution without separate review of the DPA and SCCs creates a compliance risk if the incorporated documents do not satisfy Customer's own GDPR obligations as a data controller. The DPA is hosted at a URL and may be updated; customers should monitor for changes. 3) JURISDICTION FLAGS: EU and UK customers face the highest regulatory exposure given GDPR and UK GDPR transfer mechanism requirements. Customers transferring data from the EU or UK to Contentsquare entities outside those jurisdictions should verify that the SCCs incorporated are the current EU Commission standard clauses (2021) or the UK IDTA as applicable. Customers in Japan and Singapore should verify compliance with APPI and PDPA cross-border transfer requirements respectively. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should retrieve and review the current version of the DPA and SCCs at the referenced URL before MSA execution, rather than relying on the deemed execution mechanism. Teams should confirm which module of the SCCs applies (controller-to-processor, controller-to-controller) based on the data flows involved. Version control of the DPA should be tracked in contract management systems. 5) COMPLIANCE CONSIDERATIONS: A DPIA may be required under GDPR Article 35 for deployments involving large-scale processing of visitor behavioral data. Transfer Impact Assessments may be required for SCCs-based transfers to non-adequate countries. Legal teams should confirm whether the DORA Addendum referenced in the agreement is required for their organization.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

Get same-day alerts when this changes → Get Analyst

Monitor: same-day alerts on the platforms you choose. Analyst: full institutional analysis.

Applicable agencies

  • FTC
    The FTC has jurisdiction over US-based entities' data protection practices, including the adequacy of data processing agreements and cross-border transfer mechanisms for US entities processing data subject to GDPR or other international frameworks.
    File a complaint →

Provision details

Document information
Document
Heap Terms of Service
Entity
Heap
Document last updated
May 5, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-074353
Document ID
CA-D-00705
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
2473664e4d72b3895db4decc2c14bf585534ef5a947445a906324608eafc4131
Analysis generated
July 12, 2026 15:50 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Heap
Document: Heap Terms of Service
Record ID: CA-P-074353
Captured: 2026-07-12 15:50:23 UTC
SHA-256: 2473664e4d72b389…
URL: https://conductatlas.com/platform/heap/heap-terms-of-service/provision/CA-P-074353/data-processing-agreement-incorporation-and-standard-contractual-clauses/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Compliance Governance Intelligence

Need to monitor specific governance provisions?

Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.

Arbitration clauses AI governance Data rights Indemnification Retention policies
Get Compliance

Or start with Monitor →

Built from archived source documents, structured governance mappings, and historical version tracking.

Frequently Asked Questions

What does Heap's Data Processing Agreement Incorporation and Standard Contractual Clauses clause do?

Deemed execution of the DPA and SCCs at MSA signing means the parties are contractually bound by those documents without separate signature, and the DPA terms are subject to unilateral update by Contentsquare subject to the agreement's modification procedures. Customers who require negotiated DPA terms must execute a bespoke agreement separately.

How does this clause affect you?

The agreement establishes that signing the MSA or any Order Form constitutes execution of Contentsquare's online DPA and the Standard Contractual Clauses referenced within it, which govern cross-border personal data transfers and processing obligations. The DPA is incorporated by reference from a URL and may be updated subject to the agreement's amendment terms.

Is ConductAtlas affiliated with Heap?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Heap.