Last updated: 25th May, 2026
Plain-English summary. This summary is for convenience only — the binding terms are below.
- This DPA covers how we handle personal data on your behalf when you use the Hessian Service. It supplements our Terms of Service.
- Roles: you're the controller, we're the processor.
- Security: encryption in transit and at rest, access controls, tenant isolation, monitoring, confidentiality with personnel. See Annex 2.
- Sub-processors: current list at /legal/subprocessors; subscribe there for updates.
- Breach notification: without undue delay.
- EU/UK/Swiss transfers: we rely on the EU Standard Contractual Clauses and the UK Addendum.
- Deletion: after termination you have 90 days to export, then we delete or anonymize.
This Data Processing Addendum ("DPA") forms part of the Agreement between Hessian Inc. ("Hessian", "we", "us") and the Customer governing use of the Hessian Service, and sets out the terms on which Hessian processes Customer Personal Data on the Customer's behalf. By using the Hessian Service, the Customer instructs Hessian to process Customer Personal Data in accordance with this DPA. No signature is required. If this DPA conflicts with the rest of the Agreement, this DPA prevails on matters relating to the processing of Customer Personal Data. Capitalized terms not defined here have the meanings given in the Terms of Service.
The Customer is the controller (or, where the Customer acts on behalf of a third party, the processor on instructions from a third-party controller). Hessian is the processor (or, where applicable, sub-processor). Each party shall comply with its respective obligations under Data Protection Laws.
Hessian shall process Customer Personal Data only (a) on the Customer's documented instructions, which include the Agreement, Hessian's documentation, and any further reasonable written instructions; (b) as needed to provide, support, secure, monitor, and improve the Hessian Service; or (c) as required by law, in which case Hessian shall, to the extent legally permitted, notify the Customer before processing.
The subject matter, nature, purpose, duration, categories of Data Subjects, and types of Personal Data are set out in Annex 1.
The Customer represents and warrants that it has provided all required notices to, and obtained all required consents from, Data Subjects; that its instructions and use of the Hessian Service comply with Data Protection Laws; and that it has the right to disclose Customer Personal Data to Hessian and to authorize Hessian to process it as contemplated by the Agreement.
The Customer shall not transmit special categories of Personal Data (Article 9 GDPR), data relating to criminal convictions, or Personal Data of children under 18 through the Hessian Service without first notifying Hessian and obtaining Hessian's agreement.
Hessian shall maintain appropriate technical and organizational measures to protect Customer Personal Data, as described in Annex 2. Hessian may update those measures from time to time provided that any update does not materially degrade the overall security of the Hessian Service. The Customer is responsible for evaluating whether the measures are sufficient for its intended use.
Hessian shall ensure that personnel authorized to process Customer Personal Data are bound by appropriate confidentiality obligations, are granted access only as necessary, and receive appropriate data protection training.
The Customer gives Hessian a general authorization to engage Sub-processors. The current list is published at https://hessian.sh/legal/subprocessors. Publication of the updated list constitutes specific written notice of changes for the purposes of the EU SCCs and equivalent transfer mechanisms.
If the Customer objects on reasonable data protection grounds to a new Sub-processor within 30 days of its addition to the list, the Customer's sole and exclusive remedy is to terminate the Agreement on written notice. Hessian shall bind each Sub-processor to data protection obligations no less protective than this DPA and remains liable for its Sub-processors' acts and omissions in respect of Customer Personal Data.
The Hessian Service provides functionality to access, correct, export, and delete Customer Personal Data, which is generally sufficient for the Customer to respond to Data Subject Requests without further assistance from Hessian. Where it is not, Hessian shall provide reasonable assistance, taking into account the nature of the processing.
If Hessian receives a Data Subject Request directly relating to Customer Personal Data, Hessian shall promptly notify the Customer and shall not respond except to confirm receipt and direct the Data Subject to the Customer.
Taking into account the nature of the processing and the information available to Hessian, Hessian shall provide reasonable assistance to the Customer with any data protection impact assessment or prior consultation with a supervisory authority that the Customer is required to carry out.
Hessian shall notify the Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data, and shall share information reasonably available at the time. Hessian shall provide further information as it becomes available and shall reasonably cooperate with the Customer in investigating, mitigating, and remediating the breach. Hessian's notification of, or response to, a Personal Data Breach is not an acknowledgment of fault or liability.
On reasonable written request and subject to the Customer's acceptance of reasonable confidentiality terms, Hessian shall share information necessary to demonstrate compliance with this DPA, including any then-current independent third-party audit reports or certifications it holds. Where that is not sufficient, the Customer may, no more than once per calendar year (unless required by a supervisory authority or following a confirmed Personal Data Breach affecting the Customer), request a written response to a reasonable list of questions concerning Hessian's data protection practices. On-site audits are not permitted, except where expressly required by a supervisory authority. All audit-related activities are at the Customer's expense and shall not unreasonably interfere with Hessian's business operations.
During the Term, the Customer may export Customer Personal Data using the Hessian Service's standard functionality. On termination or expiration, the Customer has 90 days to export. After that, and except where retention is required by law, Hessian shall delete or anonymize Customer Personal Data within a reasonable time, and shall procure the same of its Sub-processors. Backups may persist until overwritten in the ordinary course, subject to the confidentiality and security obligations of this DPA. On reasonable written request, Hessian shall confirm in writing that deletion has occurred.
The Customer acknowledges that processing of Customer Personal Data will involve transfers to, and processing in, the United States and other jurisdictions in which Hessian or its Sub-processors operate.
To the extent any processing involves a Restricted Transfer:
If the European Commission, UK ICO, or Swiss FDPIC adopts a new or revised transfer mechanism, the parties agree to comply with it, and this DPA is deemed updated accordingly without further action. To the extent the EU SCCs, UK Addendum, or any equivalent mechanism conflict with this DPA or the Agreement, they prevail in respect of the relevant Restricted Transfer.
To the extent Hessian processes Personal Data subject to the CCPA: the Customer is a "business" and Hessian is a "service provider"; Customer Personal Data is disclosed solely for the limited and specified business purposes set out in the Agreement and Annex 1; Hessian shall not (a) "sell" or "share" Customer Personal Data; (b) retain, use, or disclose it for any purpose other than providing the Hessian Service; (c) retain, use, or disclose it outside the direct business relationship between the parties; or (d) combine it with Personal Data from other sources, except as permitted by the CCPA. Hessian shall provide the same level of privacy protection as required of a "business" under the CCPA, and shall notify the Customer if it determines it can no longer meet its obligations under the CCPA. Nothing in this DPA restricts Hessian's ability to use Customer Personal Data as permitted under the CCPA for service providers, including to detect security incidents, protect against fraudulent or illegal activity, and comply with applicable laws.
Each party's liability under this DPA is subject to the limitations and exclusions in the Terms of Service, calculated on a combined basis under the cap in the Terms of Service. Hessian's obligations under this DPA in respect of Customer Personal Data survive termination of the Agreement for so long as Hessian processes Customer Personal Data. If any provision of this DPA is invalid or unenforceable, the remaining provisions remain in effect. Except as expressly amended by this DPA, all other terms of the Agreement remain in full force and effect.
| Item | Details |
|---|---|
| Subject matter | Provision of the Hessian Service under the Agreement. |
| Nature and purpose | Hosting, storing, transmitting, executing, monitoring, securing, and supporting Customer Workflows; providing related platform features; and providing technical support. |
| Duration | The Term of the Agreement, plus any period required for deletion or return of Customer Personal Data under section 9. |
| Categories of Data Subjects | Determined by the Customer. Typically: Customer personnel (Users), and end users, customers, employees, contractors, suppliers, or other individuals whose Personal Data the Customer chooses to process through the Hessian Service. |
| Types of Personal Data | Determined by the Customer. Typically: identifiers (names, emails, user IDs, IP addresses), business contact information, content of communications and prompts, outputs of Workflows, and any other Personal Data the Customer chooses to transmit. |
| Special categories | The Customer shall not process special categories of Personal Data (Article 9 GDPR) or criminal-conviction data on the Hessian Service without first notifying Hessian and obtaining Hessian's agreement. |
| Frequency | Continuous, for the Term. |
Hessian implements and maintains the following measures, reviewed and updated from time to time:
The current list of Sub-processors is published at https://hessian.sh/legal/subprocessors. As of the date above, Sub-processors include:
| Sub-processor | Purpose | Location |
|---|---|---|
| Amazon Web Services, Inc. | Cloud infrastructure (compute, storage, networking, managed databases) for the Hessian Service. | United States |
| Cloudflare, Inc. | Edge network, DDoS protection, and TLS termination. | Global edge network |
| GitHub, Inc. | OAuth authentication for sign-in. | United States |
| PostHog, Inc. | Product analytics for our website and dashboard. | United States |
| Apollo.io, Inc. | B2B visitor identification. | United States |
| OpenAI OpCo, LLC | AI model inference used to generate AI Output as part of Customer Workflows. | United States |
| Anthropic, PBC | AI model inference used to generate AI Output as part of Customer Workflows. | United States |
| Google LLC | AI model inference (via Google Cloud / Vertex AI) used to generate AI Output as part of Customer Workflows. | United States |
Other third-party services that the Customer chooses to integrate directly with the Hessian Service (for example, the Customer's own SaaS tools that a Workflow calls out to) are not Sub-processors of Hessian under this DPA. The Customer is solely responsible for entering into any necessary data processing arrangements with such third parties.