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
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.
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.
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Compare across platforms →"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
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.
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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.
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.
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