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Last updated: June 1, 2022
This Services Agreement (the “Agreement”) is entered into by and between Incognia US Inc. ("Incognia") and the counterparty (“Client”) identified in the sign-in page of Incognia’s platform on in an order form (“Order Form”) referring to the terms of this Agreement (each a “Party” or together the “Parties”). Client wishes to obtain, and Incognia wishes to provide, a subscription to Incognia’s location-based behavioral services described in this Agreement and the Order Form (the “Services”). This Agreement and its Annex I - Data Processing Agreement (“DPA”) - regulate the parties obligations and sets forth the terms and conditions under which Incognia will provide Client with a subscription to the Services. In the event of any conflict between these terms and any other document applicable to the services, the order of prevalence will be the Order Form followed by these terms. This Agreement takes effect when Client executes an Order Form referring to this Agreement, or, if no such Order Form is executed, when the Client clicks an “I Accept” button or check box presented with these terms in Incognia’s platform.
This Data Protection Agreement ("DPA") is an integral and inseparable part of Services Terms Incognia (Terms of Services" or "Agreement") and is entered into between Incognia US Inc. (“Incognia” or “processor”), and the counterparty (“Client” or “Controller”) identified in an order form or in the sign-in page of Incognia’s platform (“Order Form”), collectively referred to as “Parties” and separately “Party”.
WHEREAS
The Parties agree to sign this DATA PROCESSING AGREEMENT (DPA) in order to provide for the responsibilities and obligations of the Parties with regard to the processing of personal data carried out during the performance of the Agreement, in accordance with the applicable privacy laws, specially provisions of the General Data Protection Regulation (GDPR), California Consumer Privacy Act (“CCPA”) and the following clauses.