The hosted 8th Wall platform was retired Feb 28, 2026. Existing published experiences continue to run until Feb 28, 2027.
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This policy remains in effect for 8th Wall hosted projects through February 28, 2027. The hosted platform was retired on February 28, 2026.
Addendum Effective Date: 27 December 2022
This Data Processing Addendum (the “Addendum”) is made by and between 8th Wall, LLC (“8th Wall”) and Licensee (“Developer”). This Addendum will be effective and replace any terms previously applicable to the processing of Developer Personal Data from the Addendum Effective Date (as defined above).
This Addendum is incorporated into the Terms and Conditions, license agreement, and/or other commercial agreement between Developer and 8th Wall (“Agreement”) and applies to the extent 8th Wall Processes Developer Personal Data as a Processor on behalf of the Developer.
1. Definitions
1.1. For the purposes of the Addendum:
- 1.1.1. “Data Protection Legislation” means all applicable legislation relating to data protection and privacy including without limitation the UK GDPR and the EU GDPR.
- 1.1.2. "Developer Personal Data" means the Personal Data described under Section 2, in respect of which the Developer is the Controller.
- 1.1.3. “EU GDPR” means the General Data Protection Regulation (EU) 2016/679.
- 1.1.4 “GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
- 1.1.5. “Personal Data”, “Data Subject”, “Personal Data Breach”, “Process”, “Processor” and “Controller” will each have the meaning given to them in the GDPR;
- 1.1.6. “Restricted Transfer Country” means countries in the European Economic Area and/or the United Kingdom.
- 1.1.7. “Standard Contractual Clauses” means the Standard Contractual Clauses approved by the European Commission.
- 1.1.8. “Third Country” means:
- (a) for data processed under the EU GDPR: the EEA, or a country not recognized as providing adequate protection under the EU GDPR;
- (b) for data processed under the UK GDPR: the UK, or a country not recognized as providing adequate protection under the UK GDPR.
- 1.1.9. “UK GDPR” has the meaning given to it in section 3(10) of the UK Data Protection Act 2018.
- 1.1.10. “UK IDTA” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses.
1.2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
2. Details of The Processing
2.1. Categories of Data Subjects. This Addendum applies to the Processing of Developer Personal Data relating to end users of Developer’s products and services.
2.2. Types of Personal Data. Developer Personal Data includes Personal Data such as IP address, browser user agent, device information, and, with user permission, camera data. Developer Personal Data excludes Lightship Personal Data.
2.3. Subject-Matter and Nature of the Processing. The subject-matter of Processing of Developer Personal Data is the provision of Services to the Developer.
2.4. Purpose of the Processing. Developer Personal Data will be Processed by 8th Wall for purposes of providing the Services.
2.5. Duration of the Processing. Developer Personal Data will be Processed for the duration of the Agreement.
3. Processing of Developer Personal Data
3.1. Developer is the Controller of Developer Personal Data and 8th Wall is the Processor.
3.2. If 8th Wall cannot process Developer Personal Data in compliance with Developer’s instructions due to legal requirements, 8th Wall will notify the Developer.
3.3. Each party will comply with their respective obligations under the Data Protection Legislation.
3.4. Developer acknowledges that 8th Wall does not maintain Developer Personal Data in a manner that allows identification of Data Subjects.
3.5. The Agreement requires the transfer of Developer Personal Data to a Third Country, which shall comply with applicable law.
3.6. The Standard Contractual Clauses and/or the UK IDTA will not apply to transfers if 8th Wall has adopted Binding Corporate Rules.
4. Confidentiality
4.1. 8th Wall will ensure that any person authorized to Process Developer Personal Data on its behalf is subject to confidentiality obligations.
5. Security Measures
5.1. 8th Wall will implement appropriate measures to protect Developer Personal Data. 5.2. 8th Wall will provide reasonable assistance for the Developer to keep Developer Personal Data secure.
6. Sub-Processing
6.1. Developer authorizes 8th Wall to appoint sub-Processors to perform services on its behalf. 6.2. 8th Wall will enter into binding agreements with sub-Processors imposing the same obligations under this Addendum.
7. Data Subject Rights
7.1. Subject to Section 3.4, 8th Wall will provide assistance for the Developer’s obligation to respond to Data Subject requests.
8. Personal Data Breaches
8.1. 8th Wall will notify the Developer of any Personal Data Breach affecting Developer Personal Data.
9. Data Protection Impact Assessment; Prior Consultation
9.1. 8th Wall will provide reasonable assistance for the Developer’s obligation to conduct assessments required under GDPR.
10. Return or Deletion of Developer Personal Data
10.1. 8th Wall will return or delete Developer Personal Data after the provision of Services.
11. Information
11.1. 8th Wall will provide information to enable the Developer to demonstrate compliance with the GDPR.
12. Liability
12.1. Each party’s liability will be limited according to the Agreement.
13. General Provisions
13.1. Inconsistencies between this Addendum and the Agreement will be resolved in favor of this Addendum.
SCHEDULE 1
DESCRIPTION OF THE PROCESSING ACTIVITIES / TRANSFER AND DATA IMPORTER TECHNICAL AND ORGANISATIONAL SECURITY MEASURES/ LIST OF SUBPROCESSORS
A. List of Parties
| Data Exporter | Data Importer |
|---|---|
| Name: Developer | Name: 8th Wall |
| Address: As notified to 8th Wall | Address: As notified to Developer |
| Contact Person’s name, position and contact details: Developer shall make contact details available on request | Contact Person’s name, position and contact details: 8th Wall shall make contact details available on request |
| Activities relevant to the transfer: See (B) below | Activities relevant to the transfer: See (B) below |
| Role: Controller | Role: Processor |
B. Description of processing/ Transfer
| Categories of Data Subjects: The personal data transferred concern the following categories of data subjects: | Categories of data subjects include end users of Developer’s products and services. |
| Purpose of the transfer: The transfer is made for the following purposes: | Processing (a) to provide the Services, (b) to comply with instructions from the Developer, and (c) to comply with legal obligations. |
| Categories of Personal Data: The personal data transferred concern the following categories of data: | As described above. |
| Frequency of the transfer: Continuous or one off | Continuous |
| Sensitive Data: The personal data transferred concern the following categories of special / sensitive Personal Data: | N/A |
| Duration of processing | Until the termination of the Agreement. |
| Nature and Subject Matter of the Processing: | Personal data will be processed in accordance with the Agreement. |
| Retention period: | In accordance with the Agreement |
| Subject matter, nature and duration of the processing | 8th Wall uses processors as necessary to perform the Services. |
C. Competent supervisory authority The competent supervisory authority will be the Belgian Data Protection Authority.
D. Technical And Organisational Measures The technical and organizational security measures implemented by the data importer are described at https://www.8thwall.org/legacy-policies/toms.
E. List of Subprocessors (Annex III) Available on request from 8th Wall.