DigitalUp

Data Processing Addendum (DPA)

Effective Date: March 12, 2026

1. Definitions

For the purposes of this DPA:

  • Personal Data means any information relating to an identified or identifiable natural person.
  • Processing means any operation performed on Personal Data including collection, storage, transmission, modification, deletion, or access.
  • Controller means the Customer who determines the purposes and means of processing Personal Data.
  • Processor means DIGITALUP HOSTING acting on behalf of the Customer.
  • Data Subject means the individual whose Personal Data is processed.

2. Scope

This DPA applies to all hosting and related services provided by DIGITALUP HOSTING where Customer Data contains Personal Data.

The Customer remains the Controller of all Personal Data uploaded, stored, or processed through the services.

DIGITALUP HOSTING acts solely as a Processor.

3. Nature and Purpose of Processing

DIGITALUP HOSTING may process Personal Data solely for:

  • Providing hosting services
  • Data storage
  • Network operations
  • Backup services
  • Technical support
  • Security monitoring
  • Service maintenance

Processing shall be limited to what is necessary to provide the contracted services.

4. Categories of Personal Data

Depending on Customer usage, Personal Data may include:

  • Names
  • Email addresses
  • IP addresses
  • Account information
  • Website visitor information
  • Customer-submitted content
  • Business contact information

DIGITALUP HOSTING does not determine which Personal Data Customers choose to store on their services.

5. Customer Responsibilities

The Customer agrees to:

  • Comply with all applicable privacy laws.
  • Obtain required consents.
  • Provide appropriate privacy notices.
  • Ensure a lawful basis for processing.
  • Respond to Data Subject requests where required.

The Customer remains solely responsible for the legality of the data processed through its hosted services.

6. Processor Obligations

DIGITALUP HOSTING agrees to:

  • Process Personal Data only on documented instructions from the Customer.
  • Maintain confidentiality.
  • Implement appropriate technical and organizational safeguards.
  • Assist the Customer where reasonably possible.
  • Notify the Customer of data breaches when legally required.

7. Security Measures

DIGITALUP HOSTING maintains reasonable security measures including:

  • Access controls
  • Authentication systems
  • Encrypted communications
  • Infrastructure monitoring
  • Network security protections
  • Data access restrictions

While commercially reasonable security measures are maintained, no system can guarantee absolute security.

8. Subprocessors

DIGITALUP HOSTING may engage trusted subprocessors to support service delivery.

Examples may include:

  • Data center providers
  • Payment processors
  • Infrastructure providers
  • Analytics providers
  • Security service providers

DIGITALUP HOSTING remains responsible for ensuring that subprocessors maintain appropriate safeguards.

9. International Transfers

As a United States-based company, Personal Data may be processed within the United States.

Where required under applicable law, DIGITALUP HOSTING will implement reasonable safeguards for international data transfers.

Customers acknowledge that cross-border transfers may occur when using our services.

10. Data Subject Rights

To the extent legally required, DIGITALUP HOSTING will reasonably assist Customers in responding to requests involving:

  • Access requests
  • Correction requests
  • Deletion requests
  • Portability requests
  • Processing objections

The Customer remains responsible for handling such requests.

11. Personal Data Breaches

In the event of a confirmed Personal Data breach affecting Customer data, DIGITALUP HOSTING will:

  • Investigate the incident.
  • Take reasonable mitigation measures.
  • Notify affected Customers where required by law.
  • Cooperate with reasonable information requests.

12. Data Retention and Deletion

Upon termination of services:

  • Customer data may remain available during a limited retention period.
  • Data may be permanently deleted thereafter.
  • Backup systems may retain data temporarily until routine deletion cycles are completed.

Customers are responsible for maintaining independent backups.

13. Limitation of Liability

Liability under this DPA shall be governed by the liability limitations contained within the Terms of Service.

Nothing in this DPA creates additional liability beyond what is expressly provided in the Terms of Service.

14. Governing Law

This DPA shall be governed by the laws of the State of Wyoming, United States, unless otherwise required by mandatory applicable law.

15. Contact Information

DIGITALUP GROUP, LLC