ESET Services – Table of Contents

Standard Contractual Clauses

  1. This Addendum on the Standard Contractual Clauses (2021/914/EU) (the "Addendum") forms an inseparable part of the Terms and Conditions for Provision of ESET Professional and Security Services (the "Terms"), pursuant to which ESET provides the Customer with Professional and Security Services (the “Services”) and which refer to this Addendum.
  2. This Addendum shall apply in case the parties are required to enter into standard contractual clauses as adopted by EU Commission in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the "GDPR") and insofar there will be any transfer or processing of personal data outside of the European Economic Area or a country designated as safe by the decision of the European Commission, as required in the context of Services provision.
  3. Unless a particular provision of this Addendum implies otherwise, the meaning of all capitalized terms contained herein shall be as defined in the Terms and its Supplement A – Data Processing Agreement (the "DPA").
  4. ESET may change this Addendum unilaterally from time to time when such change is necessary due to changes to applicable laws or to European Commission’s decision on standard contractual clauses, including when new standard data protection clauses will be adopted by the European Commission in accordance with GDPR. In such cases, ESET is obliged to send an email notification to the Customer no less than thirty (30) days before such changes to this Addendum shall become effective and to publish it on a dedicated website. In addition, ESET may unilaterally change this Addendum under the same conditions as prescribed for the unilateral change of Terms in the relevant provisions thereof.
  5. By accepting the Terms, ESET and the Customer agree to be bound by this Addendum incorporating the European Commission Standard Contractual Clauses (2021/914/EU) (the "Standard Contractual Clauses") to the Terms without the need of their further execution. In the event of any conflict between this Addendum and the Terms, provisions of this Addendum shall prevail.
  6. The parties to the Terms have hereby agreed on the following points in relation to the Standard Contractual Clauses:
  1. Clause 11 – Redress – The optional paragraph shall not be included.
  2. Clause 17 – Governing Law – The Addendum shall be governed by Slovak law.
  3. Clause 18 – Choice of forum and jurisdiction - Any dispute arising from this Addendum shall be resolved by the courts of the Slovak Republic.

ANNEX No. 1 to the Addendum

A. List of the Parties

Data Exporter – The data exporter is ESET, as specified in the Terms

Data Importer – The data importer is the Customer (and its affiliated entities if applicable) as specified in the Terms.

B. Description of transfer

Categories of Data Subjects

The data importer, as the Controller based on the DPA may, in the context of Services, submit to processing personal data on any data subject at its sole discretion. Those personal data may mainly relate to authorized users of the data importer's devices and/or employees or contractors of the data importer (and if applicable, of its affiliated entities). Moreover, it may be also any persons whose data is processed by the data importer or on its devices and provided or made available to the data exporter over the course of the performance of Services.

Categories of Personal Data transferred

Personal data processed in the context of Services provision may include any personal data provided or made available by the data importer during the provision of Services and at its sole discretion, in particular any personal data submitted in Service support requests or during the process of dealing with any Service requests, or any personal data that may be accessible or available to the data importer in case temporary or permanent access was granted by the data importer to their Products or devices over the course of the performance of Services.

Special Categories of Data

The data importer, as the Controller based on the DPA may submit special categories of data in the context of Services provision, the extent of which is determined and controlled by the data exporter in its sole discretion.

The frequency of the transfer: Continuous basis

Nature of the processing: Automated.

Purpose(s) of the data transfer and further processing: Provision of the Service as defined in the annexes of the Terms.

The period for which the personal data will be retained: As defined in the DPA.