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Data Processing Addendum

Effective Date
October 1, 2021

This Data Processing Addendum ("Addendum") is a part of the Subscription Agreement for use of PushAlert or other written or electronic agreement ("Agreement") between InkWired Technologies Private Limited ("Processor / Data Processor / PushAlert"), a company registered under Indian Companies Act, 1956, having its registered office at C-101, Mahesh Nagar, Tonk Phatak, Jaipur, Rajasthan - 302015, India

and

the organisation using PushAlert ("Customer / Controller").

In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement. Except where the context requires otherwise, references in this Addendum to the Agreement are added to the Agreement as amended by, and including, this Addendum.

This DPA will be effective, and will replace and supersede any previously applicable terms relating to their subject matter (including any data processing amendment, agreement or addendum relating to the Services), from the date on which Customer accepted the subscription agreement or the parties otherwise agreed to this DPA.

If you are accepting this DPA on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to this DPA; (b) you have read and understand this DPA; and (c) you agree, on behalf of Customer, to this DPA. If you do not have the legal authority to bind Customer, please do not accept this DPA.

DATA PROCESSING TERMS

This DPA applies where PushAlert processes Personal Data as a Processor (or sub-Processor as applicable) on behalf of Customer and such Personal Data is subject to Applicable Data Protection Laws (as defined below).

The parties have agreed to enter into this DPA in order to ensure that appropriate safeguards are in place to protect such Personal Data in accordance with Applicable Data Protection Laws. Accordingly, PushAlert agrees to comply with the following provisions with respect to any Personal Data that it processes as a Processor (or sub-Processor as applicable) on behalf of Customer.

1. Definitions

In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:

1.1. "Confidential Information" Any information of whatever kind (whether technical, commercial, financial, operational, or otherwise) and in whatever form (whether oral, written, recorded, or otherwise), including Personal Data.

1.2. "Data Processor" means the PushAlert Workforce entity that processes Personal Data on behalf of the Data Controller

1.3. "European Data Protection Laws" means all laws and regulations of the European Union, the European Economic Area, their member states, Switzerland, and the United Kingdom applicable to the processing of Personal Data under the Main Agreement (including, where applicable, (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "EU GDPR"); (ii) the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (the "UK GDPR"); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iv) any and all applicable national data protection laws made under, pursuant to or that apply in conjunction with any of (i), (ii) or (iii)).

1.4. "GDPR" means General Data Protection Regulation (EU) 2016/679); a legal framework regulation that sets guidelines for the collection and processing of personal information of living individuals within the European Union (EU) to strengthen and unify data protection.

1.5. "Personal Data" means all data which is defined as 'personal data' under EU and UK Data Protection Laws and to which EU and UK Data Protection Laws apply and which PushAlert, in its role as data processor, receives from Customer or otherwise accesses, stores or processes on behalf of Customer as part of PushAlert's provision of the Service to Customer; and;

1.6. "Processing" means any operation or set of operations performed on Personal Data, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, blocking, erasure, or destruction ("Process," "Processes," and "Processed" shall have the same meaning.)

1.7. "Security Breach" has the meaning given in Section 10 of this DPA.

1.8. "Special categories of Data" means racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, and data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited;

1.9. "Services" shall refer to all of the cloud-based solutions offered, marketed or sold by PushAlert or its authorized partners that provide user retention and marketing automation to websites with web push notifications and on-site messaging, along with any software, software development kits and application programming interfaces ("APIs") made available in connection with the foregoing.

1.10. "Sub-processor" means any person (including any third-party and any Processor Affiliate, but excluding an employee of Processor or any of its subcontractors) appointed by or on behalf of Processor or any Processor Affiliate to process Personal Data on behalf of any Controller in connection with the Agreement;

1.11. "Standard Contractual Clauses" (SCCs) means: (i) where the EU GDPR or Swiss Federal Act on Data Protection applies, the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council ("EU SCCs"); and (ii) where the UK GDPR applies, standard data protection clauses adopted pursuant to or permitted under Article 46 of the UK GDPR ("UK SCCs").

1.12. "Adequate Country" means a country or territory that is recognized under EU and UK Data Protection Laws as providing adequate protection for Personal Data;

1.13 The terms "Commission," "Data Subject," "Member State," "Personal Data Breach," "Processing," and "Supervisory Authority" shall have the meanings ascribed to them in EU and UK Data Protection Laws.

2. Subject and Term

In the course of providing Services to a Customer pursuant to the Agreement, PushAlert may Process Personal Data on behalf of Customers. PushAlert agrees to comply with the following provisions with respect to any Personal Data Processed for Customers in connection with the provision of the Services.The purpose of this Addendum is to describe the work to be carried out by the Processor in relation with the Agreement. This Addendum forms an integral part of the Agreement hereof. This Addendum shall be deemed to take effect from the Effective Date and shall continue in full force and effect until the termination of the Agreement.

3. Scope of Work

The purpose of collection, processing, and using Personal Data from the Controller is to provide the services, as described in the Agreement, which forms an integral part hereof.

The processing of Personal Data by the Processor shall take place within the framework of this Addendum and only to the extent that the Controller has instructed the Processor to do so in relation to the Agreement. The Processor processes Personal Data on behalf of the Controller.

Modifications to the processing of Personal Data under the Addendum are subject to mutual agreement. The Processor shall not use Personal Data for any other purpose, as described in this Addendum. The Controller shall not send any Special Category of Data to the Processor for processing.

The categories of data processed under this Addendum are mentioned in Annex I.B.

4. Technical and Organisational Measures

4.1 PushAlert shall maintain administrative, physical, and technical safeguards for protection of security, confidentiality, and integrity of Personal Data. Such measures are set out in Annex II. PushAlert monitors compliance with these safeguard measures.

5. Personnel

5.1 PushAlert shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of Personal Data, have received appropriate training on their responsibilities and are subject to obligations of confidentiality and such obligations survive the termination of that person's engagement with PushAlert.

5.2 PushAlert shall take commercially reasonable steps to ensure the reliability of any PushAlert personnel engaged in Processing of Personal Data.

5.3 PushAlert shall ensure that PushAlert workforce's access to Personal Data is limited to those personnel who require such access to perform an Agreement.

5.4 Data Protection Officer - Members of the PushAlert Workforce have appointed a data protection officer where such appointment is required by Data Protection Laws. The appointed person can be reached at support@pushalert.co.

6. Processor Obligations

Under this Addendum, the Processor has the obligation to:

a. Process Personal Data only on behalf of the Controller and in compliance with its instructions, as mentioned in Annex I;

b. Ensure that only appropriately trained personnel shall have access to Personal Data;

c. Provide the Controller with such cooperation (including access to its facilities), as the Controller may reasonably request;

d. Implement such technical and organizational measures to protect Personal Data, as required under EU and UK Data Protection Laws;

e. Notify the Controller immediately over email of any monitoring activities and measures undertaken by the relevant authority that supervises the applicable data-protection legislation;

f. Support the Controller regarding Controller's obligations to provide information about collection, processing, or usage of Personal Data to a data subject;

g. Ensure that Personal Data is not used, manipulated, distributed, copied, or processed in any way other than the fulfilment of contractual obligations, as explicitly agreed upon and arising from this Addendum.

7. Data transfers

To the extent any processing of Personal Data by PushAlert takes place in any country outside the EEA (except if in an Adequate Country), the parties agree that the standard contractual clauses (Annex I) approved under EU and UK Data Protection Laws will apply in respect of that processing, and PushAlert will comply with the obligations of the 'data importer' in the standard contractual clauses and the Customer will comply with the obligations of the 'data exporter'.

The Customer acknowledges and accepts that the provision of the Service under the Main Agreement may require the processing of Personal Data by sub-processors in countries outside the EEA.

If, in the performance of this DPA, PushAlert transfers any Personal Data to a sub-processor located outside of the EEA, PushAlert shall in advance of any such transfer ensure that a legal mechanism to achieve adequacy in respect of that processing is in place, such as:

  • the requirement for PushAlert to execute or procure that the sub-processor execute to the benefit of the Customer standard contractual clauses approved under EU and UK Data Protection Laws;
  • the requirement for the sub-processor to be certified under the EU-U.S.and Swiss-U.S. Privacy Shield Framework; or
  • the existence of any other specifically approved safeguard for data transfers (as recognised under EU and UK Data Protection Laws) and/or a European Commission finding of adequacy.

8. Sub-processing

The Controller agrees to the commissioning of the Sub-processors, as mentioned in Annex III, subject to an agreement between the Processor and the Sub-processor with substantively the same obligations, as imposed on the Processor in this Addendum and the Agreement in accordance with the applicable data protection laws. Any such Sub-processors will be permitted to obtain Personal Data only to deliver the services PushAlert has retained them to provide, and they are prohibited from using Personal Data for any other purpose.

The Processor shall not subcontract its obligations under this Addendum to a Sub-processor without the prior written consent of the Controller unless such Sub-processor undertakes, by way of a written agreement, substantially the same obligations, as imposed on the Processor in this Addendum and the Agreement. The Processor shall inform the controller of its intention to engage a Sub-processor.

The Controller shall have the right to reasonably oppose the appointment of a new Sub-processor, within 10 days of receipt of information about the appointment/change of a Sub-processor, if the Controller shall have substantive and legitimate reasons for opposing the specific Sub-processor and shall notify the Processor of such objections in writing, as soon as possible, after receipt of the Processor's notice relating to such Sub-processor, failing which the appointment of the Sub-processor shall be deemed final.

The addition or removal of a Sub-processor should not negatively affect the level of security within the Agreement to less than that which existed at the time of signing this Addendum.

9. Controller's rights and obligations

a. Rights to monitor: The Controller is entitled to appoint a third party-independent auditor who is in the possession of the required professional qualifications and is bound by a duty of confidentiality, which the auditor must be reasonably acceptable to the Processor, to inspect Processor's compliance with this Addendum and the applicable data protection legislation required to determine the truthfulness and completeness of the statements submitted by the Processor under this Addendum. The Controller's right to audit shall be subject to giving the Processor at least four weeks prior written notice of any such audit at privacy@pushalert.co. These rights of the Controller shall not extend to facilities which are operated by Sub-processors which the Processor may use to attain its Purpose and provide its Services. The Processor shall ensure that the Processing activities carried out by any Sub-processors which the Processor may use to attain its Purpose and provide its Services meet the requirements laid down in this Agreement and in applicable law.

b. The Controller shall be responsible for obtaining consent for collection of personal data of Data Subjects which it will send to the Processor for processing.

c. The Processor shall deal promptly and properly with all inquiries from the Controller relating to its processing of the personal data, subject to this Addendum.

d. Rectification, deletion, and blocking of data: Upon instruction by the Controller through the PushAlert app, the Processor shall correct, rectify, or block Personal Data. Any request from a data subject directly to the Processor, shall be directed to the Controller.

10. Security Breach Management and Notification

If the Processor cannot provide compliance or foresees that it cannot comply with its obligations, as set out in this Addendum, for whatever reasons, it agrees to promptly inform the Controller of its inability to comply, in which case the Controller is entitled to suspend the transfer of data. The Processor will promptly notify the Controller about:

a. Any legally binding request for disclosure of Personal Data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;

b. Any accidental, unauthorised access, or other event that constitutes a personal data breach not later than forty-eight (48) hours after becoming aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Personal Data;

c. Any request received directly from the Personal Data subjects without responding to that request unless it has been otherwise authorized to do so.

d. Notification(s) of Security Breaches, if any, will be delivered to one or more of Customer's business, technical, or administrative contacts by any means PushAlert selects, including through email. It is the Customer's sole responsibility to ensure that it maintains accurate contact information with PushAlert at all times.

e. An unsuccessful Security Breach attempt will not be subject to this Section. An unsuccessful Security Breach attempt is the one that results in no unauthorized access to Customer Personal Data or to any of PushAlert's equipment or facilities storing Customer Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or servers, port scans, unsuccessful log-on and sign-in attempts, denial-of-service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers), or similar incidents; and

f. PushAlert's obligation to report or respond to a Security Breach under this Section is not and will not be construed as an acknowledgement by PushAlert of any fault or liability with respect to the Security Breach.

The Processor shall indemnify the Controller for claims of any third-party that arise because of Processor's non-compliance with its obligations under this Addendum and the applicable local laws and legislation of the countries where Personal Data is processed and regulations regarding data protection and privacy.

Any and all written communications with respect to this Addendum shall only be addressed to the following persons (or to such other person as either Party may from time to time designate in writing):

For Controller: Organisation using PushAlert

Email: Work-email provided at the time of sign-up

11. Deletion or Return of Personal Data

The Processor shall promptly and in any event from 15 to 45 days of the date of termination/expiry of the Agreement return or, upon request, delete all Personal Data in accordance with PushAlert's procedure and Data Protection laws and /or consistent within the terms of the agreement provided by the Controller.

The Processor may retain Personal Data to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws, provided that the provisions of this Addendum will continue to apply for so long as the Personal Data provided by the Controller is Processed by the Contracted Processor.

12. Confidentiality

Confidential Information may be disclosed in any form or matter by one Party to the other Party, and with respect to, or as a result of this Addendum, it shall be deemed to be of confidential nature. Data relating to the Controller's customers database, procedures, and knowledge shall be considered private and confidential information.

13. Limitation of Liability

Each party's and all of its Affiliates' liability, taken together in the aggregate, arising out of or related to this Addendum, whether in contract, tort, or under any other theory of liability, is subject to the "Limitation of Liability," as mentioned in the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party under the Agreement. The Processor's total liability for all claims from the Controller and all of its Authorized Affiliates arising out of or related to the Agreement and this Addendum shall apply in the aggregate for all claims under both the Agreement and the Addendum established under this Agreement.

ANNEX I

STANDARD CONTRACTUAL CLAUSES (PROCESSORS)

SECTION I

Clause 1

Purpose and scope

(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.

(b) The Parties:

(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter 'entity/ies') transferring the personal data, as listed in Annex I.A (hereinafter each 'data exporter'), and

(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each 'data importer') have agreed to these standard contractual clauses (hereinafter: 'Clauses').

(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.

(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2

Effect and invariability of the Clauses

(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3

Third-party beneficiaries

(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:

(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;

(ii) Clause 8 – Clause 8.1(b), 8.9(a), (c), (d) and (e);

(iii) Clause 9 – Clause 9(a), (c), (d) and (e);

(iv) Clause 12 – Clause 12(a), (d) and (f);

(v) Clause 13;

(vi) Clause 15.1(c), (d) and (e);

(vii) Clause 16(e);

(viii) Clause 18 – Clause 18(a) and (b);

(b) Paragraph is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4

Interpretation

(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6

Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7

Docking clause

(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.

(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.

(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8

Data protection safeguards

The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.

8.1 Instructions

(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.

(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.

8.2 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.

8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.4 Accuracy

If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.

8.5 Duration of processing and erasure or return of data

Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

8.6 Security of processing

(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter 'personal data breach'). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.

(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Suchnotification shall contain the details of a contact point where moreinformation can be obtained, a description of the nature of the breach(including, where possible, categories and approximate number of data subjectsand personal data records concerned), its likely consequences and the measurestaken or proposed to address the breach including, where appropriate, measuresto mitigate its possible adverse effects. Where, and in so far as, it is notpossible to provide all information at the same time, the initial notificationshall contain the information then available and further information shall, asit becomes available, subsequently be provided without undue delay.

(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.

8.7 Sensitive data

Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person's sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter 'sensitive data'), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.

8.8 Onward transfers

The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter 'onward transfer') if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

(i) the onward transfer is to a country benefiting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;

(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;

(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or

(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.

Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.9 Documentation and compliance

(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.

(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.

(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter's request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non- compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.

(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 9

Use of sub-processors

(a) The data importer has the data exporter's general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 15 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.

(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.

(c) The data importer shall provide, at the data exporter's request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.

(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor's obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.

(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

Clause 10

Data subject rights

(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.

(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects' requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.

(c) In fulfilling its obligations under paragraphs and (b), the data importer shall comply with the instructions from the data exporter.

Clause 11

Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.

(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:

(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;

(ii) refer the dispute to the competent courts within the meaning of Clause 18.

(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.

(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.

(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12

Liability

(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.

(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.

(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub- processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.

(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer's responsibility for the damage.

(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.

(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.

(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.

Clause 13

Supervision

(a) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679: The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.

Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679: The supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES

Clause 14

Local laws and practices affecting compliance with the Clauses

(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.

(b) The Parties declare that in providing the warranty in paragraph , they have taken due account in particular of the following elements:

(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;

(ii) the laws and practices of the third country of destination – including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;

(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.

(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.

(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.

(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph , including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15

Obligations of the data importer in case of access by public authorities

15.1 Notification

(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:

(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or

(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.

(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).

(d) The data importer agrees to preserve the information pursuant to paragraphs to (c) for the duration of the contract and make it available to the competent supervisory authority on request.

(e) Paragraphs to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2 Review of legality and data minimisation

(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).

(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16

Non-compliance with the Clauses and termination

(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).

(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:

(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;

(ii) the data importer is in substantial or persistent breach of these Clauses; or

(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.

In these cases, it shall inform the competent supervisory authority of such non- compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.

(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17

Governing law

These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of the Federal Republic of Germany.

Clause 18

Choice of forum and jurisdiction

(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

(b) The Parties agree that those shall be the courts of Berlin, Federal Republic of Germany

(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.

(d) The Parties agree to submit themselves to the jurisdiction of such courts.

ANNEX I

A. LIST OF PARTIES

Data exporter:

Name: The Customer, as defined in the PushAlert Terms of Service or Master Subscription Agreement (on behalf of itself and Permitted Affiliates)

Address: The Customer's address, as set out in the Subscription Agreement or Service Order Form

Contact person's name, position and contact details: The Customer's contact details, as set out in the Subscription Agreement or Service Order Form and/or as set out in the Customer's PushAlert Account

Activities relevant to the data transferred under these Clauses: Processing of Personal Data in connection with Customer's use of the PushAlert Services under the PushAlert Terms of Service or Subscription Agreement.

Role (controller/processor): Controller

Data importer:

Name: InkWired Technologies Pvt. Ltd.

Address: C-101, Mahesh Nagar, Jaipur, Rajasthan - 302015 (India) legal@pushalert.co (with CC to support@pushalert.co)

Contact person's name, position and contact details: Abhinav Pathak, dpo@pushalert.co, c/o InkWired Technologies Pvt. Ltd., C-101, Mahesh Nagar, Jaipur, Rajasthan - 302015 (India)

Activities relevant to the data transferred under these Clauses: Processing on behalf of the controller (providing services)

Role (controller/processor): processor

B. DESCRIPTION OF TRANSFER

You may submit Personal Data in the course of using the Services, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects (further details in APPENDIX I):

Data exporter's end users

Data exporter's Group employees

Categories of personal data transferred

Contact data – name, address, email, phone number, etc.

Purchase data – purchase and payment history, etc.

Device data – Internet Protocol (IP) address and geolocation data, etc.

Log data - contains contact data and device data, website visit data

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).

Continuous (duration of the service agreement (main contract))

Purpose(s) of the data transfer and further processing

We will Process Personal Data as necessary to provide the Services pursuant to the Terms of Service or Subscription Agreement, as further specified in the Service Order Form, and as further instructed by you in your use of the Services.

Data will be retained during the term of the Agreement and for 15 days after.

For transfers to (sub-)processors, also specify subject matter, nature and duration of the processing.

C. COMPETENT SUPERVISORY AUTHORITY

For the purposes of the Standard Contractual Clauses, the supervisory authority that shall act as competent supervisory authority is either (i) where Customer is established in an EU Member State, the supervisory authority responsible for ensuring Customer's compliance with the GDPR; (ii) where Customer is not established in an EU Member State but falls within the extra-territorial scope of the GDPR and has appointed a representative, the supervisory authority of the EU Member State in which Customer's representative is established; or (iii) where Customer is not established in an EU Member State but falls within the extra-territorial scope of the GDPR without having to appoint a representative, the supervisory authority of the EU Member State in which the Data Subjects are predominantly located. In relation to Personal Data that is subject to the UK GDPR or Swiss DPA, the competent supervisory authority is the UK Information Commissioner or the Swiss Federal Data Protection and Information Commissioner (as applicable).

ANNEX II

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

Processor maintains and enforces various policies, standards and processes designed to secure personal data and other data to which Processor employees are provided access, and updates such policies, standards and processes from time to time consistent with industry standards. Following is a description of some of the technical and organizational measures implemented by Processor (further details in APPENDIX II):

1. General Security Procedures

1.1 Processor shall be responsible for establishing andmaintaining an information security program that is designed to: (i) protect the security and confidentiality of Personal Data; (ii) protect against anticipated threats or hazards to the security or integrity of the Personal Data; (iii) protect against unauthorized access to or use of the Personal Data;(iv) ensure the proper disposal of Personal Data, as further defined herein; and, (v) ensure that all employees and subcontractors of Processor, if any, comply with all of the foregoing. Processor shall designate an individual to be responsible for the information security program. Such individuals shall respond to Controller inquiries regarding computer security and to be responsible for notifying Controller-designated contact(s) if a breach or anincident occurs, as further described herein.

1.2 Processor shall conduct formal privacy and security awareness training for all its employees as soon as reasonably practicable after the timeof hiring and/or prior to being appointed to work on Personal Data and annually recertified thereafter. Documentation of security awareness training shall be retained by Processor, confirming that this training and subsequent annual recertification process have been completed.

1.3 Controller shall have the right to review an overview of Processor's information security program prior to the commencement of Service and annually thereafter upon Controller request.

1.4 Processor shall not transmit any unencrypted Personal Data over the internet or any unsecured network, and shall not store any Personal Data on any mobile computing device, such as a laptop computer, USB drive or portable data device, except where there is a business necessity and then only if the mobile computing device is protected by industry-standard encryption software. Processor shall encrypt Personal Data in transit into and out of the Services over public networks using industry standard protocols.

1.5 In the event of any apparent or actual theft, unauthorized use or disclosure of any Personal Data, Processor shall immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and without undue delay and within 72 hours following confirmation of any such event, provide Controller notice thereof, and such further information and assistance as may be reasonably requested. Upon Controller request, remediation actions and reasonable assurance of resolution of discovered issues shall be provided to Controller.

2. Network and Communications Security

2.1 All Processor connectivity to Controller computing systems and/or networks and all attempts at same shall be only through Controller's security gateways/firewalls and only through Controller-approved security procedures.

2.2 Processor shall not access and will not permit unauthorized persons or entities to access Controller computing systems and/or networks without Controller's express written authorization and any such actual orattempted access shall be consistent with any such authorization.

2.3 Processor shall take appropriate measures to ensure that Processor's systems connecting to Controller's systems and anything provided to Controller through such systems does not contain any computer code, programs, mechanisms or programming devices designed to, or that would enable, the disruption, modification, deletion, damage, deactivation, disabling, harm orotherwise be an impediment, in any manner, to the operation of Controller'ssystems.

2.4 Processor shall maintain technical and organisational measures for data protection including: (i) firewalls and threat detections systems to identify malicious connection attempts, to block spam, viruses and unauthorized intrusion; (ii) physical networking technology designed to resist attacks by malicious users or malicious code; and (iii) encrypted data in transit over public networks using industry standard protocols.

3. Personal Data Handling Procedures

3.1 Erasure of Information and Destruction of Electronic Storage Media. All electronic storage media containing Personal Data must be wiped or degaussed for physical destruction or disposal, in a manner meeting forensic industry standards such as the NIST SP800-88 Guidelines for Media Sanitization,prior to departing Controller Work Area(s), with the exception of encrypted Personal Data residing on portable media for the express purpose of providing service to the Controller. Processor shall maintain commercially reasonable documented evidence of data erasure and destruction for infrastructure level resources.

3.2 Processor shall maintain authorization and authentication technologies and processes to ensure that only authorized persons access Personal Data, including: (i) granting access rights on the basis of the need-to-know-principle; (ii) reviewing and maintaining records of employees who have been authorized or who can grant, alter or cancel authorized access to systems; (iii) requiring personalized, individual access accounts to use passwords that meet complexity, length and duration requirements; (iv) storing passwords in a manner that makes them undecipherable if used incorrectly or recovered in isolation; (v) encrypting, logging and auditing all accesssessions to systems containing Personal Data; and (vi) instructing employees onsafe administration methods when computers may be unattended such as use of password protected screen savers and session time limits.

3.3 Processor shall maintain logical controls to segregate Personal Data from other data, including the data of other customers.

3.4 Processor shall maintain measures to provide for separate processing of data for different purposes including: (i) provisioning Controller within its own application-level security domain, which creates logical separation and isolation of security principles between customers; and (ii) isolating test or development environments from live or production environments.

4. Physical Security

4.1 Processor shall ensure that at least the following physical security requirements are met:

i) All backup and archival media containing Personal Data must be contained in secure, environmentally controlled storage areas owned, operated, or contracted for by Processor. All backup and archival media containing Personal Data must be encrypted.

ii) Technical and organisational measures to control access to data center premises and facilities are in place and include: (i) staffed reception desks or security officers to restrict access to identified, authorized individuals; (ii) visitor screening on arrival to verify identity; (iii) all access doors, including equipment cages, secured with automatic door locking systems with access control systems that record and retain access histories; (iv) monitoring and recording of all areas using CCTV digital camera coverage, motion detecting alarm systems and detailed surveillance and audit logs; (v) intruder alarms present on all external emergency doors with one-way internal exit doors; and (vi) segregation of shipping and receiving areas with equipment checks upon arrival.

iii) Processor shall maintain measures to protect against accidental destruction or loss of Personal Data including: (i) fire detection and suppression, including a multi-zoned, dry-pipe, double-interlock, pre-action fire suppression system and a Very Early Smoke Detection and Alarm (VESDA); (ii) redundant on-site electricity generators with adequate supply of generator fuel and contracts with multiple fuel providers; (iii) heating, ventilation, and air conditioning (HVAC) systems that provide stable airflow, temperature and humidity, with minimum N+1 redundancy for all major equipment and N+2 redundancy for chillers and thermal energy storage; and (iv) physical systems used for the storage and transport of data utilizing fault tolerant designs with multiple levels of redundancy.

5 Security Testing

5.1 During the performance of Services under the Agreement, Processor shall engage, at its own expense and at least one time per year, a third party vendor ("Testing Company") to perform penetration and vulnerability testing ("Security Tests") with respect to Processor's systems containing and/or storing Personal Data.

5.2 The objective of such Security Tests shall be to identify design and/or functionality issues in applications or infrastructure of the Processor systems containing and/or storing Personal Data, which could expose Controller's assets to risks from malicious activities. Security Tests shall probe for weaknesses in applications, network perimeters or other infrastructure elements as well as weaknesses in process or technical countermeasures relating to the Processor systems containing and/or storing Personal Data that could be exploited by a malicious party.

5.3 Security Tests shall identify, at a minimum, the following security vulnerabilities: invalidated or un- sanitized input; broken or excessive access controls; broken authentication and session management; cross- site scripting (XSS) flaws; buffer overflows; injection flaws; improper error handling; insecure storage; common denial of service vulnerabilities; insecure or inconsistent configuration management; improper use of SSL/TLS; proper use of encryption; and anti-virus reliability and testing.

5.4 Within a reasonable period after the Security Test has been performed, Processor shall remediate the issues (if any) identified and subsequently engage, at its own expense, the Testing Company to perform a revalidation Security Test to ensure resolution of identified security issues. Results thereof shall be made available to the Controller upon request.

6. Security Audit

6.1 Processor, and all subcontracted entities (as appropriate) shall conduct at least annually an SSAE 18 (or equivalent) audit covering all systems and/or facilities utilized to provide the Service to the Controller and will furnish to Controller the results thereof promptly following Controller's written request. If, after reviewing such audit results, Controller reasonably determines that security issues exist relating to the Service, Controller will notify Processor, in writing, and Processor will promptly discuss and where commercially feasible, address the identified issues. Any remaining issues shall be documented, tracked and addressed at such time as agreed upon by both Processor and the Controller.

ANNEX III

LIST OF SUB-PROCESSORS

The controller has authorised the use of the following sub-processors:

The current list of sub processors is available at https://pushalert.co/sub-processors.html

APPENDIX I

DETAILS OF PROCESSING OF PERSONAL DATA

This appendix includes details of the Processing of Personal Data.

Subject matter and duration of the Processing of Company Personal Data

The subject matter and duration of the Processing of the Company Personal Data are set out in the Subscription Agreement and this Addendum.

The nature and purpose of the Processing of Company Personal Data

Vendor provides web push notification service, on-site messaging, marketing automation technology and other related services, as described in the Subscription Agreement.

The purpose of the data processing under this DPA is the provision of the Services to the Company and the performance of Vendor's obligations under the Subscription Agreement (including this DPA) or as otherwise agreed by the parties.

The types of Personal Data to be Processed

From Customers:

Names, contact information, location, IP address, browser information, website URL.

From Website End Users:

Anonymized IP address, location, browser information, website URL. For ecommerce marketing automation (if enabled): names, order details, cart information.

The categories of Data Subject to whom the Personal Data relates

Any individual accessing and/or using the Services through the Company's account ("Users"); and any individual: (i) whose email address is included in the Company's account with the Processor; (ii) whose information is stored on or collected via the Services, or (iii) end users who engage or communicate via the Services.

The obligations and rights of Company and Company Affiliates

The obligations and rights of Company and Company Affiliates are set out in the Subscription Agreement and this Addendum.

APPENDIX II

TECHNICAL AND OPERATIONAL MEASURES

Pseudonymization

  • By default, PushAlert does not collect nor does it require any sensitive data for its functioning.
  • PushAlert has also adopted a method where the UUID stored on the client side is pseudonymized by using a one-way hash before storing on its servers.

Anonymization

  • Any IP address intended to be stored is stored with anonymization of at least the last octet(configurable by a user up to complete anonymization).

Application Security

  • PushAlert code is stored on a code repository system hosted by our cloud data center provider. PushAlert adopts a strict, least access privileges principle for providing access to the code. Commits to production code are strictly reviewed, and approval is restricted to just Head of Engineering, after passing Unit Testing and QA in Test and Staging.
  • The data stored on production servers is accessible only to the Head of Engineering and Lead Engineers. No other workforce member of PushAlert has access to customer data, unless access permission is granted by the Chief Executive Officer or the Head of Engineering to resolve any technical issue or for debugging.
  • There is an hourly backup of the database data at our cloud data center provider.
  • Connection to the PushAlert web-app through HTTPS by using Secure Sockets Layer (SSL), a cryptographic protocol that is designed to protect against eavesdropping, tampering, and message forgery.

Application Access

  • Role-based access and least access privileges principal provision while creating an account to ensure appropriate level of access to the PushAlert account.

Provision to delete users

  • Auto-logout of a user if the Password is changed during any other session or if the user is deleted.

Operational Security

  • PushAlert trains its employees to treat data protection and security as the highest priorities.
  • PushAlert is committed to implementing tighter security standards across policies, procedure, technology, and people on an ongoing basis.

Multi-Tenancy

  • All of PushAlert customer data is hosted on our cloud data center provider and is segregated logically by the PushAlert application.
Legal

Need Help?

If you have any questions about these terms or anything else about the service, please reach out to us at:

support@pushalert.co

or