Other capitalized terms not otherwise defined in this DPA shall
have the respective meanings assigned to them in this Section.
“Account Data” means information about Customer that Customer provides
to Datadog in connection with the creation or administration of its
Datadog accounts, such as first and last name, user name and email
address of an Authorized User or Customer’s billing contact. Customer
shall ensure that all Account Data is current and accurate at all times
during the term of the applicable Order.
“Adequacy” means where the European Commission has decided that the
third country, a territory or one or more specified sectors within that
third country, or the international organization in question, ensures an
adequate level of protection.
“Affiliate” means, unless otherwise defined in the Master Agreement, a
business entity that directly or indirectly controls, is controlled by
or is under common control with, such Party; “control” means the direct
or indirect ownership of more than 50% of the voting securities of a
“Applicable Laws” means any and all governmental laws, rules,
directives, regulations or orders that are applicable to a particular
Party’s performance under this DPA, including applicable EU Data
“AUP” means Datadog’s standard Acceptable Use Policy, currently
available at https://www.datadoghq.com/legal/acceptable-use/.
“Authorized User” means an individual employee, agent or contractor of
Customer or a Participating Affiliate for whom subscriptions to Services
have been purchased pursuant to the terms of the Master Agreement and
applicable Order, and who have been supplied user credentials for the
Services by Customer or the Participating Affiliate (or by Datadog at
Customer’s or a Participating Affiliate’s request).
“Customer Component” means each individual component of Customer’s
“Customer Credentials” means access passwords, keys, tokens or other
credentials used by Customer in connection with the Services.
“Customer Data” means data from Customer’s Environment that are
submitted for Processing by the Services. Through Customer’s
configuration and use of the Services, Customer has control over the
types and amounts of Customer Data.
“Customer’s Environment” means, exclusive of Services, the systems,
platforms, services, software, devices, sites and/or networks that
Customer uses in its own internal business operations.
“Customer Personal Data” means Customer Data comprising Personal Data
of Data Subjects located in the EEA.
“Documentation” means Datadog’s standard user documentation for the
Services, currently available at https://docs.datadoghq.com/.
“EEA” means the European Economic Area, which constitutes the member
states of the European Union ("EU") and Norway, Iceland and
Liechtenstein, as well as for purposes of this DPA, the United Kingdom.
“EU Data Protection Law” means the GDPR, and shall include the data
protection or privacy laws of the United Kingdom in place after its
withdrawal from the EU.
“Order” means a separate order for Services pursuant to the Master
Agreement: (a) completed and submitted by Customer online at the Datadog
site and accepted by Datadog or (b) executed by Datadog and Customer.
“Participating Affiliate” means an Affiliate of Customer that: (a) has
not entered into an Order or other separate agreement directly with
Datadog and (b) Customer has authorized to access and use the Services
under an existing Order between Datadog and Customer.
“Party” means each of Datadog and Customer.
“Services” means the hosted services to which Customer subscribes
through, or otherwise uses following, an Order that are made available
by Datadog online via the applicable login page (currently
https://app.datadoghq.com/) and other web pages designated by Datadog.
Subject to the terms of an Order, the Services will support Customer’s
collection, monitoring, management and analysis of Customer Data. For
purposes of this DPA, the term Services does not include alpha, beta or
other pre-commercial releases of a Datadog product or service (or
feature of functionality of a Service).
“Standard Contractual Clauses” means the agreement executed by and
between Datadog and Customer and attached to this DPA as Schedule
B pursuant to the European Commission’s decision (C(2010)593) of 5
February 2010 on Standard Contractual Clauses for the transfer of
personal data to processors established in third countries which do not
ensure an adequate level of data protection.
“Subprocessor” means any Processor engaged by Datadog or a Datadog
Affiliate to Process Customer Personal Data on Datadog’s or its
Affiliate’s behalf in the course of providing the Services.
“Subprocessor List” means the list of Subprocessors available at