Data Processing Terms

These Data Processing Terms form part of the Bilt Terms of Service (the "Terms") and apply to you automatically when you accept the Terms. Capitalised terms not defined here have the meaning given in the Terms.

1. Scope and roles

1.1 These Terms apply only where, and to the extent that, Bilt processes personal data on your behalf in connection with the Services — principally personal data held by, submitted to, or generated by the application you build using the Services ("Customer Personal Data"). You are the controller of that data and Bilt is your processor.

1.2 Personal data that Bilt processes for its own purposes — including account administration, billing, security, service operation and improvement, and communications with you — is processed by Bilt as a controller under the Bilt Privacy Policy, and these Data Processing Terms do not apply to it.

1.3 Where you are yourself acting as a processor for another controller, Bilt acts as your sub-processor and these Data Processing Terms apply accordingly.

1.4 Where these Data Processing Terms conflict with the rest of the Terms on the processing of Customer Personal Data, these Data Processing Terms prevail.

2. Your responsibilities

2.1 You determine what personal data your application collects, what it is used for, the schema and content in which it is held, and the configuration of the Services, including the authentication posture of your application's own end users. Bilt does not define, review or classify that content.

2.2 Where you connect or supply your own data store or infrastructure, the measures in Annex 2 apply to the layer Bilt operates only, and you remain responsible for the security, configuration and availability of what you supply.

2.3 You are responsible for the lawfulness of the Customer Personal Data and its collection, for having a valid legal basis for it and for engaging Bilt to process it, and for providing any information or obtaining any consent your own users are owed.

2.4 You are responsible for assessing the sensitivity of the Customer Personal Data and for applying any application-level or field-level protection your own risk assessment requires.

2.5 You must not submit to the Services, and must not cause your application to hold, special categories of personal data or personal data relating to criminal convictions and offences, unless Bilt has agreed otherwise in writing in advance and you have a valid legal basis for doing so. The measures described in Annex 2 are general-purpose measures and are not designed for such data. You are solely responsible for any such data submitted in breach of this Clause, and Clause 12.2 applies to it.

2.6 Where Bilt becomes aware that your application holds data submitted in breach of Clause 2.5, Bilt may require you to remove it or to agree additional terms, and may suspend the affected part of the Services until you do. Bilt's exercise of that right, or its failure to exercise it, does not constitute acceptance of the data, agreement under Clause 2.5, or a waiver of any of Bilt's rights.

3. Instructions

3.1 Bilt processes Customer Personal Data only on your documented instructions, including as to international transfers, unless required otherwise by law — in which case Bilt will inform you before processing unless legally prohibited from doing so.

3.2 The Terms, these Data Processing Terms and their Annexes, your configuration and use of the Services, and your requests through Bilt's support channels together constitute your complete documented instructions. Instructions beyond them require Bilt's prior written agreement and may be chargeable.

3.3 Your instructions include Bilt providing, operating, securing, supporting and maintaining the Services, and reviewing your application — including running it in preview — for those purposes.

3.4 Bilt will inform you if, in its opinion, an instruction infringes applicable data protection law.

4. Confidentiality

Bilt ensures that personnel authorised to process Customer Personal Data are bound by an appropriate obligation of confidentiality and access it only as needed to perform the Services and Bilt's obligations under the Terms.

5. Security

Bilt implements the technical and organisational measures described in Annex 2, appropriate to the risk. Bilt may update those measures from time to time provided the overall level of protection is not materially reduced.

6. Sub-processors

6.1 You give Bilt general authorisation to engage sub-processors. The sub-processors currently engaged are listed in Annex 3.

6.2 Bilt gives notice of any intended addition or replacement of a sub-processor by publishing an updated Annex 3. Publication constitutes notice to you for the purposes of this Clause. You may object on reasonable data protection grounds within 7 days of publication. If you do not, you are taken to have accepted the change.

6.3 If you object and the parties cannot resolve it, and the sub-processor is necessary for Bilt to provide the Services, either party may terminate the affected Services. Termination on this ground is your sole remedy.

6.4 Bilt imposes data protection obligations on its sub-processors that are materially equivalent to these Data Processing Terms, and remains responsible to you for their performance.

6.5 App stores are not sub-processors. Where you enable the in-app purchase feature, Bilt verifies your users' app-store purchases and computes their entitlements as your processor, operating through your own app-store account. In doing so Bilt transmits store transaction identifiers to the app store and receives back signed transaction and subscription data — pseudonymous store and account identifiers and purchase and transaction metadata, and no cardholder data, since the app store takes the payment. The app store operates the purchase relationship with your user and determines the purposes and means of that processing, so it acts as an independent controller of the purchase rather than a Bilt sub-processor, and is not listed in Annex 3 — the same basis on which Bilt's own payment processor is not listed. You are responsible for informing your users, in your own privacy notice, that enabling in-app purchases routes their purchase data to the app store as an independent controller.

7. Assistance

7.1 Bilt assists you, taking into account the nature of the processing and the information available to it, in meeting your own obligations in respect of security, breach notification, impact assessments and prior consultation.

7.2 Bilt assists you in responding to requests from your users to exercise their rights. That assistance is provided through the export, correction and deletion functionality available to you in the Services where Bilt provides it, and otherwise by Bilt on your request. Bilt may charge at its then-current rates for assistance beyond what is reasonable given the nature of the processing.

7.3 If Bilt receives a request directly from one of your users or from a supervisory authority concerning Customer Personal Data, it will inform you without undue delay and will not respond itself except on your instructions or as required by law. Bilt does not act as your agent in dealing with your users.

8. Personal data breach

8.1 Bilt notifies you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data it processes for you.

8.2 The notification includes the information available to Bilt at the time, supplemented as further information becomes available. Bilt is not required to notify you of incidents that do not affect Customer Personal Data processed for you.

8.3 You are responsible for determining whether the breach must be reported to a supervisory authority or communicated to your users, and for making any such report or communication.

9. Deletion and return

9.1 While your account is active you may export Customer Personal Data using the functionality Bilt provides in the Services, or request an export from Bilt. That export is how Bilt makes the data available for return.

9.2 On termination or expiry, Bilt deletes Customer Personal Data within 30 days, except where law requires it to be kept for longer or Bilt has its own basis as a controller for continuing to hold it. Data held in backups is deleted as those backups expire on their ordinary cycle.

10. Information and audits

10.1 Bilt makes available the information reasonably necessary to demonstrate compliance with these Data Processing Terms. That obligation is satisfied by Bilt's then-current security documentation and by any independent audit reports or certifications Bilt holds, together with those of its sub-processors.

10.2 Where that documentation does not reasonably allow you to verify Bilt's compliance, and only where you are required by applicable data protection law to conduct an audit or where a personal data breach affecting your Customer Personal Data has been confirmed, an audit may be carried out by an independent third-party auditor appointed jointly by you and Bilt. The auditor must be professionally qualified, independent of both parties, not a competitor of Bilt, and bound by written obligations of confidentiality at least equivalent to those in the Terms. Neither party may unreasonably withhold or delay agreement to a proposed auditor; if the parties have not agreed on an auditor within 30 days of your request, the auditor shall be an independent accounting or information-security assurance firm of international standing selected by you from firms that meet the criteria above.

10.3 An audit under Clause 10.2 takes place on 30 days' written notice, not more than once in any 12 months, during business hours, with a scope agreed in advance, and at your cost. The auditor reports its findings to both parties and discloses nothing else it learns. Bilt is not required to give the auditor, or you, its own or any third party's confidential information or trade secrets, or information relating to other customers.

11. International transfers

11.1 Where Bilt transfers Customer Personal Data outside the EEA, it relies on an adequacy decision where one applies, and otherwise on the standard contractual clauses adopted by the European Commission or another lawful safeguard. The mechanism applying to each sub-processor is identified in Annex 3.

11.2 Where the standard contractual clauses apply between you and Bilt, they are incorporated into these Data Processing Terms and are entered into by both parties on your acceptance of the Terms, with the module appropriate to the parties' roles, the annexes populated by Annexes 1, 2 and 3, and the Terms' governing law and forum applying to the extent permitted.

12. Liability

12.1 Bilt's liability under these Data Processing Terms is subject to the limitations and exclusions of liability in the Terms, to the fullest extent permitted by applicable data protection law.

12.2 You indemnify Bilt against loss arising from your breach of these Data Processing Terms, including any claim, fine or penalty arising from Customer Personal Data you submitted or from the purposes for which you instructed Bilt to process it.

12.3 Where both parties are responsible for damage caused by the same processing, each may recover from the other the share corresponding to that party's responsibility.

13. Term and changes

13.1 These Data Processing Terms take effect with the Terms and continue for as long as Bilt processes Customer Personal Data on your behalf.

13.2 Bilt may update these Data Processing Terms on 30 days' notice where required for legal compliance or to reflect changes to the Services, provided the level of protection of Customer Personal Data is not materially reduced. Continued use of the Services after that period constitutes acceptance. This Clause does not apply to Annex 3, which is updated under Clause 6.2, or to Annex 2, which is updated under Clause 5.

Annex 1 — Details of the processing

Subject matter. Bilt's provision of the Services: generation, hosting, building, previewing, deployment and distribution of the application you create, and where you enable it, verification of your users' in-app purchases.

Duration. For as long as you use the Services, and until deletion under Clause 9.

Nature and purpose. Storage, hosting, transmission, execution, backup and AI-assisted generation of your application and its data, and support, maintenance and security of the Services, in each case to provide the Services to you.

Types of personal data. Determined by you — typically account and identifier data, content, and any personal data you or your users submit to your application.

Categories of data subjects. Determined by you — typically your application's end users, and any individuals whose personal data you include in your application, prompts or inputs.

Annex 2 — Technical and organisational measures

The technical and organisational measures implemented and maintained by Bilt in respect of Customer Personal Data. Bilt may update them under Clause 5, provided the level of protection is not materially reduced. Further detail, and any independent audit reports or certifications Bilt holds, are available under Clause 10.1.

Annex 3 — Sub-processors

Where a sub-processor's EU contracting entity further transfers Customer Personal Data to its US parent, that onward transfer is subject to the sub-processor's own documented transfer mechanism. Bilt's observability, identity and secrets systems are self-hosted on Bilt's own infrastructure and are not third-party sub-processors, so they are not listed.