Pushy is committed to complying with the General Data Protection Regulation ("GDPR"), and enabling our Clients to comply with this regulation. We understand the GDPR has robust requirements and obligations for both data controllers and data processors and we are committed to helping our Clients use Pushy in a compliant manner. Our DPA is available below so that our Clients can be confident that their data is processed in a lawful and transparent manner. Transfers of personal data from the United Kingdom and the European Economic Area to the United States are made under the Standard Contractual Clauses and the UK International Data Transfer Addendum in the International Transfers section.

This GDPR Data Processing Addendum ("DPA") forms part of the Terms of Use and Privacy Policy (as applicable, the "Agreement"), entered into by and between the Client and Pushy LLC ("Pushy"), pursuant to which Client has accessed the Pushy website, dashboard, APIs, and SDKs (the "Service"). The purpose of this DPA is to reflect the parties' agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.

This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Client and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.

In the course of providing the Service to Client pursuant to the Agreement, Pushy may process personal data on behalf of Client. Pushy agrees to comply with the following provisions with respect to any personal data submitted by or for Client to the Service or collected and processed by or for Client through the Service. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.

Data Processing Terms

In this DPA, "Data Protection Legislation" means (a) Regulation (EU) 2016/679 (the "GDPR") and any legislation or regulation made under it; (b) the GDPR as it forms part of the law of the United Kingdom under section 3 of the European Union (Withdrawal) Act 2018, together with the Data Protection Act 2018 (the "UK GDPR"); and (c) all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction. References to the GDPR in this DPA include the UK GDPR where the personal data is subject to the UK GDPR.

The terms "data controller", "data processor", "data subject", "personal data", "processing", and "appropriate technical and organisational measures" shall be interpreted in accordance with applicable Data Protection Legislation.

Where Client determines the purposes and means of processing personal data submitted to the Service, Client is the controller and Pushy is its processor. Where Client processes that personal data on the instructions of another controller, Client is a processor and Pushy is its sub-processor. Client shall comply at all times with Data Protection Legislation in respect of all personal data it provides to Pushy pursuant to the Agreement. Where Client is a processor, Client shall pass on to Pushy only instructions that are consistent with the relevant controller's instructions.

The subject-matter of the data processing covered by this DPA is the Service ordered by Client either through the Service or through an Ordering Document and provided by Pushy to Client via or as additionally described in the Agreement or the DPA. The processing will be carried out until the term of Client’s ordering of the Service ceases.

In respect of personal data processed in the course of providing the Service, Pushy:

1. shall process the personal data only in accordance with the documented instructions from Client (as set out in this DPA or the Agreement or as otherwise notified by Client to Pushy). If Pushy is required to process the personal data for any other purpose provided by applicable law to which it is subject, Pushy will inform Client of such requirement prior to the processing unless that law prohibits this on important grounds of public interest.
2. shall notify Client without undue delay if, in Pushy's opinion, an instruction for the processing of personal data given by Client infringes applicable Data Protection Legislation.
3. shall implement and maintain appropriate technical and organisational measures designed to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected.
4. may hire other companies to provide limited services on its behalf, provided that Pushy complies with the provisions of this Clause. Any such subcontractors will be permitted to process personal data only to deliver the services Pushy has retained them to provide, and they shall be prohibited from using personal data for any other purpose. Pushy remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom Pushy transfers personal data will have entered into written agreements with Pushy requiring that the subcontractor abide by terms substantially similar to this DPA. A list of subcontractors is available to the Client in the List of Sub-Processors of this DPA. Pushy shall inform Client in writing at least thirty (30) days before adding or replacing a sub-processor, as also set out in the International Transfers section. If Client does not legitimately object within that timeframe, Pushy may engage the sub-processor. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Pushy's reasonable opinion, such objections are legitimate, the Client may, by providing written notice to Pushy, terminate the Agreement.
5. shall ensure that all Pushy personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause.
6. at the Client’s request and cost (and insofar as is possible), shall assist the Client by implementing appropriate and reasonable technical and organisational measures to assist with the Client’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Pushy reserves the right to reimbursement from Client for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance.
7. shall take reasonable steps at the Client’s request and cost to assist Client in meeting Client’s obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing under this DPA, provided that Pushy reserves the right to reimbursement from Client for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance.
8. at the end of the applicable term of the Service, upon Client’s request, shall securely destroy or return such personal data to Client.
9. shall transfer personal data from the United Kingdom or the European Economic Area to a country outside either of them only as described in the International Transfers section of this DPA.
10. If Pushy becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Pushy in the course of providing the Service (an "Incident") under the Agreement it shall notify Client without undue delay, and in any event within 48 hours of becoming aware, and provide Client with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Client information. Pushy shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident.

Data Subjects

The Client, any users of the Client's apps, websites, or systems, or any other individual whose data the Client chooses to process through Pushy.

Data Processing Activities

The provision of Service by Pushy to the Client.

Term

This DPA shall remain in effect as long as Pushy carries out Personal Data processing operations on behalf of Client or until the termination of the Pushy Contract (and all Personal Data has been returned or deleted in accordance with the Privacy Policy).

List of Sub-Processors

• Google LLC - Analytics
• Stripe, Inc. - Payment gateway, PCI-compliant
• Amazon Web Services, Inc. - Cloud infrastructure

International Transfers

Pushy processes personal data in the United States. Pushy is not certified under the EU-US Data Privacy Framework or the UK Extension to the EU-US Data Privacy Framework. A transfer of personal data subject to the GDPR from the European Economic Area to the United States, and a transfer of personal data subject to the UK GDPR from the United Kingdom to the United States, is made under this section.

The parties incorporate and agree to be bound by the standard contractual clauses annexed to Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (the "Standard Contractual Clauses"), available at eur-lex.europa.eu/eli/dec_impl/2021/914/oj. The Standard Contractual Clauses are incorporated in full. The parties complete only the modules, options, and annexes that the clauses leave to them, as set out below. The parties do not otherwise amend the clauses.

The module that applies is Module Two (controller to processor) where Client is a controller and Pushy is a processor, and Module Three (processor to processor) where Client is a processor and Pushy is a sub-processor.

The parties agree the following options in the Standard Contractual Clauses:

• Clause 7 (Docking clause) applies.
• Clause 9(a), Option 2 (general written authorisation) applies. The List of Sub-Processors is the agreed list. Pushy shall inform Client in writing at least thirty (30) days before adding or replacing a sub-processor.
• The optional independent dispute resolution wording in Clause 11 does not apply.
• Under Clause 17, the Standard Contractual Clauses are governed by the law of Ireland.
• Under Clause 18(b), disputes arising from the Standard Contractual Clauses are resolved by the courts of Ireland.

Where Module Three applies, Client warrants that the controller has authorised the transfer and the instructions in the Agreement and this DPA, and that Client's agreement with the controller is consistent with the Standard Contractual Clauses.

Where a transfer is subject to the UK GDPR, the parties also incorporate the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses, version B1.0, issued by the Information Commissioner for parties making restricted transfers and laid before the UK Parliament under section 119A of the Data Protection Act 2018 on 2 February 2022 (the "UK Addendum"). The Mandatory Clauses in Part 2 of that template, as revised under Section 18 of those Mandatory Clauses, are incorporated by reference and apply in full. Part 1 of the UK Addendum is completed in this DPA. The template is published by the Information Commissioner at ico.org.uk.

If this DPA or the Agreement conflicts with the Standard Contractual Clauses or the UK Addendum, the Standard Contractual Clauses or the UK Addendum prevail for the personal data they cover. The Agreement and this DPA are Client's documented instructions for Clause 8.1 of the Standard Contractual Clauses.

Client's acceptance of the Agreement is Client's execution of the Standard Contractual Clauses and the UK Addendum as data exporter. Pushy executes them as data importer. The start date is the date Client accepts the Agreement. If Client accepted the Agreement before this section took effect, the start date is the date Client continues to use the Service after this section is published. Either party may request a countersigned copy by emailing privacy@pushy.me.

Annexes to the Standard Contractual Clauses

Annex I.A. List of parties

Data exporter. Name: the Client identified in the Agreement and in the Client's Pushy account. Address: the address recorded in that account, or another address Client has given Pushy in writing. Contact: the account owner, at the email address of that account. Activities relevant to the data transferred: use of the Service to send and manage push notifications and related communications. Role: controller, where Module Two applies; processor, where Module Three applies. Signature and date: deemed signed on the start date stated in the International Transfers section.

Data importer. Name: Pushy LLC. Address: 30 N Gould St STE 4000, Sheridan, WY 82801, USA. Contact: Privacy, privacy@pushy.me. Activities relevant to the data transferred: providing the Service, including receiving, hosting, transmitting, and deleting personal data as described in the Agreement, the Privacy Policy, and this DPA. Role: processor. Signature and date: deemed signed on the start date stated in the International Transfers section.

Annex I.B. Description of transfer

• Categories of data subjects: end users of Client's applications, websites, and systems; Client's personnel and account users; and any other person whose personal data Client submits to the Service.
• Categories of personal data: account information submitted to Pushy, namely name, email address, country, and company name; device data, namely IP address, device manufacturer, device model, and, for Android devices, the ANDROID_ID identifier; information Client submits to the APIs, including notification content and related metadata; technical and log data generated by use of the Service, including user agent, operating system, and timestamps; and the last four digits of a payment card. Pushy does not store full payment card numbers.
• Sensitive data: the parties do not intend to transfer special category data, or personal data relating to criminal convictions and offences. Client shall not submit that data to the Service.
• Frequency: continuous for as long as Client uses the Service.
• Nature of the processing: receipt, storage, organisation, transmission, and deletion of personal data as needed to provide the Service.
• Purpose: provision of the Service under the Agreement, including delivery of push notifications and operation of the website, dashboard, APIs, and SDKs, together with the support, security, and billing activities described in the Privacy Policy.
• Retention: personal data is kept only for as long as needed to provide the Service. Device data is deleted once the device has been inactive for 1.5 years. Personal data is kept no longer than 90 days after Client's account ends, unless a longer period is required by law, as stated in the Privacy Policy.
• Processing by sub-processors: the subject matter and nature of the processing are the services named in Annex III. The duration is the term of this DPA, or any shorter period for which Pushy retains that sub-processor.

Annex I.C. Competent supervisory authority

The competent supervisory authority is the authority identified under Clause 13 of the Standard Contractual Clauses. Where Client is established in an EU Member State, it is the supervisory authority of that Member State. Where Clause 13 requires the parties to identify one authority and the relevant data subjects are located in more than one Member State, the parties identify the Data Protection Commission of Ireland. For personal data subject to the UK GDPR, the UK Addendum designates the Information Commissioner.

Annex II. Technical and organisational measures

Pushy applies the following measures, appropriate to the risk and to the nature of the personal data:

• Personal data is transmitted over TLS. Exchange of sensitive data between the Service and Client is encrypted and protected with digital signatures, as described in the Privacy Policy.
• Access to personal data is limited to Pushy personnel who need that access to provide the Service. Those personnel are informed of the confidential nature of the personal data and of the obligations in this DPA.
• Pushy maintains technical and organisational measures designed to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, theft, alteration, or disclosure.
• Each sub-processor is bound by a written agreement requiring it to protect personal data on terms substantially similar to this DPA, and may process personal data only to provide the service Pushy has retained it to provide.
• If Pushy becomes aware of an Incident, Pushy notifies Client without undue delay, and in any event within 24 hours of becoming aware, and investigates and mitigates the Incident, as set out in this DPA.
• At the end of the Service, on Client's request, Pushy securely deletes or returns the personal data, as set out in this DPA.

Client is responsible for the lawfulness of the personal data it submits and for protecting the credentials it uses to access the Service.

Annex III. List of sub-processors

Contact details for each sub-processor are the privacy contact details that sub-processor publishes. Pushy will provide those details on request to privacy@pushy.me. Changes to this list are made under Clause 9(a), Option 2, of the Standard Contractual Clauses and under the sub-processor terms of this DPA.

UK Addendum, Part 1

Table 1. Parties

Table 2. Selected SCCs, Modules and Selected Clauses

Addendum EU SCCs: the Standard Contractual Clauses incorporated in this DPA, being the clauses annexed to Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including the Appendix Information in Annexes I, II, and III of this DPA.

For Modules Two and Three: Clause 7 is included; the Clause 11 option is not included; Clause 9(a) is Option 2 (general authorisation) with a time period of 30 days; and personal data received from the Importer is not combined with personal data collected by the Exporter.

Table 3. Appendix Information

• Annex 1A, List of Parties: Annex I.A of this DPA.
• Annex 1B, Description of Transfer: Annex I.B of this DPA.
• Annex II, Technical and organisational measures: Annex II of this DPA.
• Annex III, List of Sub processors: Annex III of this DPA.

Table 4. Ending this Addendum when the Approved Addendum changes

Either the Importer or the Exporter may end the UK Addendum as set out in Section 19 of the Mandatory Clauses.

Part 2. Mandatory Clauses

Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the Information Commissioner and laid before Parliament in accordance with section 119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.

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Last updated: 27 October 2026.

If you have any questions about this Data Processing Addendum, the practices of this Service, or your dealings with this Service, please reach out at privacy@pushy.me.