Data Processing Agreement
Clear terms for personal data processed by Prime on a client's behalf.
Last updated August 14, 2026
Effective Date: July 11, 2026
Last Updated: August 14, 2026
Primary Jurisdiction: Commonwealth of Virginia, United States
This Data Processing Agreement ("DPA") applies when Prime Executive Support ("Prime") processes personal data on behalf of a client ("Client") in connection with services governed by an applicable agreement.
If another signed agreement contains specific data-processing terms, those terms control to the extent of any conflict.
Roles & Instructions
Where applicable, Client acts as controller and Prime acts as processor for personal data Prime processes on Client's documented instructions. Controller and processor status depends on the actual processing relationship and applicable law.
The nature, purpose, categories, duration, and scope of processing are determined by the applicable services, Client instructions, and controlling agreement.
Client is responsible for ensuring that its instructions and its collection, disclosure, transfer, and use of personal data are lawful and appropriately authorized. Prime is not required to follow an instruction Prime reasonably believes violates applicable law.
Processing & Confidentiality
Prime will process covered Client personal data only as reasonably necessary to:
- perform agreed services;
- follow documented lawful instructions;
- protect legitimate systems or interests; or
- comply with applicable legal obligations.
Persons authorized by Prime to process covered personal data will be subject to appropriate confidentiality obligations.
Security & Client Responsibility
Prime will maintain reasonable safeguards appropriate to the nature of the processing and information involved.
Client remains responsible for its own systems, credentials, permissions, authorized users, account configuration, data accuracy, retention requirements, backups, and instructions.
No system, transmission, platform, or security measure can be guaranteed completely secure.
Service Providers & Subprocessors
Prime may use qualified service providers or subprocessors where reasonably necessary to provide or support services. Where applicable law requires it, covered subprocessors must be subject to appropriate written data-processing obligations.
Prime may reasonably select, replace, or discontinue service providers subject to applicable law, controlling agreements, and any legally required notice or authorization requirements.
Assistance & Incidents
To the extent required by applicable law and reasonably applicable to Prime's role, Prime will provide reasonable assistance concerning applicable consumer requests, covered data-protection obligations, required assessments, and qualifying security incidents.
Prime will provide breach-related notification or assistance when required by applicable law or a controlling agreement.
Return, Deletion & Compliance
At Client's direction and where required by applicable law or the controlling agreement, Prime will return or delete covered personal data following completion of applicable services, unless retention is legally required or otherwise permitted.
Prime will provide information or reasonable assessment cooperation where required by applicable law.
Nothing in this DPA requires disclosure of privileged information, another client's confidential information, credentials, trade secrets, sensitive security information, or information that would compromise Prime's or another party's systems.
Liability & Controlling Agreement
This DPA does not expand Prime's liability beyond the applicable service agreement or create additional warranties, guarantees, indemnities, service levels, unrestricted audit rights, or remedies, except where expressly agreed or required by applicable law.
Any applicable limitation of liability, exclusion, dispute provision, payment obligation, confidentiality provision, or other commercial protection contained in the controlling agreement remains effective to the fullest extent permitted by law.
Nothing in this DPA waives or limits a right or obligation that applicable law does not permit to be waived or limited.
Virginia Law
This DPA is administered from Virginia and, to the fullest extent permitted by applicable law, is governed by the laws of the Commonwealth of Virginia.
Whether Virginia's consumer data-protection requirements apply to a particular engagement is determined under applicable law.
Contact
Prime Executive Support
96 Builders Pride Dr.
Westlake Corner, VA 24101
United States
Email: connect@primeexecutivesupport.com
Phone: +1 (540) 510-2575
Website: https://primeexecutivesupport.com/