Service-Specific and Other Supplemental Terms
Capitalized terms not otherwise defined in these Terms will have the respective meanings assigned to them in the Master Subscription Agreement at https://www.datadoghq.com/legal/msa/ (the “MSA”). Datadog may modify these Terms from time to time, subject to Section 30 of the MSA.
A. Real User Monitoring Service
The Datadog Real User Monitoring (“RUM”) Service enables Customer to Process (and Datadog to collect) as Customer Data certain performance data about the access and use of a Customer’s browser-based or other supported application (a “Customer App”) by an actual end user of that Customer App (an “End User”). The types of performance data may include, among others:
- End User’s username or any other identifier provided through the Customer App;
- IP address and geographic location of the End User;
- End User’s browser type, device type and operating system;
- URLs of resources visited and server calls by the End User within, and the URLs of resources loaded to, the Customer App; and
- length of time of an End User’s session on a specific URL and overall within the Customer App.
Of those data types, the RUM Service collects the End User’s user agent (including information derived therefrom such as device type, operating system and browser) resources visited, server calls, IP address and geographic location. Customer Data collected by default and through Customer’s configuration and use of the RUM Service may comprise Personal Information.
The RUM Service is intended to assist Customer in understanding an End User’s experience solely within a Customer App. The RUM Service may place cookies, but cannot be used to track End Users on third-party websites and shall in no event be used, directly or indirectly, to support any such monitoring of End User or other parties. Without limiting Customer’s obligations under the Agreement (for example, Sections 8.1 and 9.1 of the MSA), Customer is responsible for complying with Applicable Law by providing any notices and receiving any consents and authorizations required by Applicable Law from, persons whose Personal Information may be Processed through Customer’s configuration and use of the RUM Service. Customer shall use reasonable efforts to restrict the inclusion of Personal Information in Customer Data; and in no event shall Customer use the RUM Services to Process any Sensitive Information.
B. Customer Data subject to the CCPA
If Customer Data comprises Personal Information subject to the CCPA (“Covered Information”), Datadog is the Service Provider and, consistent with the requirements of the CCPA, shall not (a) Sell the Covered Information or (b) retain, use or disclose the Covered Information: (i) for any purpose, including any Commercial Purpose, other than for the specific purpose of providing and supporting the Services or (ii) outside of the Parties’ direct business relationship. Datadog certifies that it understands these restrictions and will comply with them. Customer acknowledges nothing in this Paragraph removes or lessens Customer’s obligations with respect to Personal Information under the Agreement (for example, Sections 8.1 and 9.1 of the MSA).
Customer will be responsible for responding to Consumer requests in relation to Covered Information (each, a “Consumer Request”). If Datadog receives a Consumer Request then, to the extent legally permissible, Datadog will advise the Consumer to submit the Consumer Request to Customer, and Customer agrees that Datadog may confirm to a Consumer that the Consumer Request relates to Customer. To the extent Customer is unable through its use of the Services to address a particular Consumer Request, Datadog will, upon Customer’s request and taking into account the nature of the Covered Information, provide reasonable assistance in addressing the Consumer Request (provided Datadog is legally permitted to do so and that Customer has verified the request in accordance with the CCPA).
As used in Paragraphs B.1 and B.2, “Commercial Purpose”, “Consumer”, “Personal Information”, “Sell”, and “Service Provider” have the meanings assigned to them in the California Consumer Privacy Act of 2018, sections 1798.100 through 1798.199 of the California Civil Code (“CCPA”).
C. Customer Data subject to the GDPR
If Customer believes Customer Data may include the Personal Data of natural persons located in the European Economic Area and wishes to execute a Data Processing Addendum (“DPA”) pursuant to the GDPR, Customer may do so by submitting a request by email to email@example.com. Except where the Parties have already entered into a DPA (or the Agreement incorporates DPA provisions), promptly following Datadog’s receipt of Customer’s request, Datadog will send Customer a DPA ready for execution.
As used in Paragraph C.1, “Personal Data” has the meaning assigned to it in the General Data Protection Regulation 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, and repealing of Directive 95/46/EC (“GDPR”).