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Data processing addendum
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Document Classification: Public

                                   Data Processing Agreement

      1​       General
      This Data Processing Agreement (hereinafter “DPA”) applies to the offering provided by the
      Checkmk GmbH, Kellerstraße 27, 81667 Munich, Germany (“Provider”) to the Customer based
      on the Subscription Agreement regarding the provision of Checkmk Cloud (SaaS) and
      Checkmk OEM Support for Checkmk Cloud (SaaS) and Checkmk Software (Self-Hosted). The
      DPA shall apply as of the effective date of the applicable Subscription Agreement.
      2​       Definitions
      All terms defined elsewhere in the Subscription Agreement apply mutatis mutandis to this DPA.
      In addition, the following definitions apply:
      2.1​   “Business Operations” means such Personal Data processing activities where the
      Customer and the Provider agree that the Provider may carry out for its own internal purposes.

      2.2​     “Checkmk Cloud (SaaS)” means the Provider’s software-as-a-service offering,
      including Checkmk OEM Support Services with the functionalities and features defined in the
      respective Checkmk Cloud Edition (SaaS), which the Customer has licensed in accordance
      with the Subscription Agreement, as described in more detail in the User Guide Cloud (SaaS)
      and updated from time to time.

      2.3​    “Checkmk OEM Support” means the support services provided by the Provider under
      a Subscription Agreement for Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) in
      accordance with the “Service Description Checkmk OEM Support and SLAs”. The most
      recent version of the Service Description Checkmk OEM Support and SLAs is available and
      can be accessed at https://checkmk.com/legal/support.

      2.4​     “Checkmk Software (Self-Hosted)” means the Provider’s self-hosting offering,
      including Checkmk OEM Support Services, with the functionalities and features defined in the
      respective Checkmk Software Edition (Self-Hosted), which the Customer has licensed in
      accordance with the Subscription Agreement, as described in more detail in the User Guide
      Software (Self-Hosted) and updated from time to time.
      2.5​     "Controller" means the natural or legal person, public authority, agency or other body
      which, alone or jointly with others, determines the purposes and means of the processing of
      Personal Data; for the purposes of this DPA.
      2.6​     "Data Protection Law" means the applicable legislation, in multiple jurisdictions
      worldwide, that relate to (i) protecting the fundamental rights and freedoms of persons and
      their right to privacy with regard to the processing of Personal Data under the Subscription
      Agreement; or (ii) protecting, securing, processing, transferring, storing or preventing
      unauthorized access to Personal Data. Data Protection Law includes, as far as it concerns the
      relationship between the parties regarding the processing of Personal Data by the Provider,
      the GDPR as a minimum standard, irrespective of whether the Personal Data is subject to
      GDPR or not.
      2.7​     "Data Subject" means an identified or identifiable natural person as defined by Data
      Protection Law.
      2.8​     "EEA" means the European Economic Area, namely the European Union member
      states along with Iceland, Liechtenstein and Norway.
      2.9​     "EU" means the European Union.
      2.10​   "Personal Data" means any information relating to a natural person that is subject to
      Data Protection Law. For the purposes of this DPA, it includes only personal data which is (i)
      entered by the Customer into or derived from their use of Checkmk Cloud (SaaS); or (ii) in the
      context of Premium Support or (iii) processed in the context of Checkmk OEM Support, which
      includes personal data in the support systems used for this purpose as soon as these are
      provided by the Processor in a cloud environment; or (iv) supplied to or accessed by the

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      Provider and/or its Sub-processors in order to provide any additional services under the
      Subscription Agreement (as set out in the Subscription Agreement).
      2.11​    "Personal Data Breach" means a confirmed (i) accidental or unlawful destruction,
      loss, alteration, unauthorized disclosure of or unauthorized third-party access to Personal
      Data; or (ii) similar incident involving Personal Data, in each case for which the Customer is
      required under Data Protection Law to provide notice to competent data protection authorities
      and/or Data Subjects.
      2.12​    "Processor" means a natural or legal person, public authority, agency or other body
      which processes personal data on behalf of its client, be it directly as the processor of a client
      or indirectly as sub-processor of the processor which processes personal data on behalf of
      the client.
      2.13​   "Sub-processor" means the Provider’s Affiliates and third parties engaged by the
      Provider in connection with Checkmk Cloud (SaaS) and/or Checkmk OEM Support and which
      process Personal Data in accordance with this DPA.
      3​       Structure
      3.1​     The Provider will process Personal Data as Processor on behalf of the Customer as
      Controller, except where the Provider processes Personal Data carrying out its Business
      Operations in which case the Provider acts as Controller (this concerns the processing of
      Service Generated Data for the purposes of performance analysis and improvement of
      Checkmk Cloud (SaaS) and Checkmk Software (Self-Hosted) in accordance with the
      regulations set out in the Terms and Conditions for Checkmk Software (Self-Hosted) and
      Checkmk Cloud (SaaS) https://checkmk.com/legal/terms-and-conditions).
      3.2​    The parties agree that it is each party's responsibility to review and adopt
      requirements imposed on controllers and processors by the GDPR.
      3.3​    The Schedule to this DPA is incorporated into and forms part of this DPA. It sets out
      the agreed subject-matter, the nature and purpose of the processing, the type of Personal
      Data and categories of Data Subjects.
      4​       Security of processing
      4.1​     Appropriate technical and organizational measures: The Provider has implemented
      and will apply appropriate technical and organizational measures throughout the term of the
      Subscription Agreement (as set out at https://checkmk.com/legal/toms as of the Effective
      Date).
      4.2​     Changes: The Provider may change the implemented measures (as set out at
      https://checkmk.com/legal/toms as of the Effective Date) at any time without notice so long as
      it maintains a comparable or better level of security. Individual measures may be replaced by
      new measures that serve the same purpose without diminishing the security level protecting
      Personal Data.
      5​       The Provider’s obligations
      5.1​     Instructions from the Customer: The Provider will process Personal Data only in
      accordance with documented instructions from the Customer. The Subscription Agreement
      (including this DPA) constitutes such documented initial instructions and each use of Checkmk
      Cloud (SaaS), Checkmk OEM Support by the Customer then constitutes further instructions.
      The Provider will follow any other instructions of the Customer, as long as they are required by
      Data Protection Law, technically feasible and do not require changes to Checkmk Cloud (SaaS)
      and Checkmk OEM Support, except for standard configurations. If any of the
      before-mentioned exceptions apply or the Provider otherwise cannot comply with an
      instruction or is of the opinion that an instruction infringes Data Protection Law, the Provider
      will immediately notify the Customer (email permitted).
      5.2​    Processing on legal requirement: The Provider may also process Personal Data where
      required to do so by applicable EU or member state law. In such a case, the Provider will
      inform the Customer of that legal requirement before processing unless that law prohibits such
      information on important grounds of public interest.
      5.3​    Personnel: To process Personal Data, the Provider and its Sub-processors will only
      grant access to authorized personnel who have committed themselves to confidentiality. The

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      Provider and its Sub-processors will regularly train personnel having access to Personal Data
      in applicable data security and data privacy measures.
      5.4​     Cooperation: At the Customer's request, the Provider will reasonably cooperate with
      the Customer in dealing with requests from Data Subjects or regulatory authorities regarding
      the Provider's processing of Personal Data or any Personal Data Breach. The Provider will
      promptly and in any event not later than reasonably required under applicable Data Protection
      Law, notify the Customer as soon as reasonably practical about any request it has received
      from a Data Subject in relation to the Personal Data processing, without itself responding to
      such request without the Customer's further instructions, if applicable. The Provider will
      provide functionality that supports the Customer's ability to correct or remove Personal Data
      from Checkmk Cloud (SaaS) and/or the systems for the provision of Checkmk OEM Support or
      block access to or restrict its processing in line with Data Protection Law. Where such
      functionality is not provided, the Provider will correct or remove any Personal Data or block
      access to or restrict its processing, in accordance with the Customer's instruction and Data
      Protection Law; apart from this, the Customer may also access its Personal Data at any time
      during the term of the Subscription Agreement. The Provider may upon mutual agreement
      between the parties, provide other information and reasonable assistance as may be required
      – beyond sentence 1 of this section 5.4 of this DPA or the purpose of responding to any such
      Data Subjects or otherwise to comply with duties under applicable Data Protection Law.
      5.5​    Personal Data Breach notification: The Provider will notify the Customer without
      undue delay if required by Data Protection Law, after becoming aware of any Personal Data
      Breach and provide reasonable information in its possession regarding the Personal Data
      Breach to assist the Customer to report a Personal Data Breach as the Provider is required to
      under Data Protection Law; other assistance may be provided upon mutual agreement. The
      Provider may provide such information in phases as it becomes available. Such notification
      must not be interpreted or construed as an admission of fault or liability by the Provider.
      Unless required by Data Protection Law, the Provider will not inform any third party of any
      Personal Data Breach without first obtaining the Customer’s prior consent at least in text form.
      5.6​     Data protection impact assessment: If, pursuant to Data Protection Law, the Customer
      is required to perform a data protection impact assessment or prior consultation with a
      regulator, at the Customer's request, the Provider will provide such documents as are
      generally available for Checkmk Cloud (SaaS) and/or Checkmk OEM Support (e.g., this DPA,
      the GTC, audit reports or certifications). Any additional assistance will be mutually agreed
      between the parties.
      6​       Data return and deletion
      Upon termination of the Subscription Agreement, the Customer must instruct the Provider
      whether the Personal Data should be deleted or returned to the Customer (i.e., by means of a
      technical export, which will constitute a “return”) in accordance with Data Protection Law.
      Following such return or deletion, the Provider will retain Personal Data only if and to the
      extent required under EU or member state law. If the Customer fails to provide such
      instructions, the Provider will retain the relevant Personal Data for a reasonable period of time
      and then delete it.
      7​       Audits
      7.1​    Customer audit: The Customer or its independent third-party auditor reasonably
      acceptable to the Provider (which will not include any third-party auditors who are either a
      competitor of the Provider or not suitably qualified or independent) may audit the Provider's
      control environment and security practices relevant to Personal Data processed by the
      Provider if:
      7.1.1​   the Provider has not provided sufficient evidence of its compliance with the technical
      and organizational measures that protect the systems of Checkmk Cloud (SaaS) and/or
      Checkmk OEM Support through providing either (i) a certification as to compliance with ISO
      27001 or other standards (scope as defined in the certificate); or (ii) a valid ISAE3402 and/or
      ISAE3000 or other SOC1-3 attestation report. Upon the Customer's request audit reports or
      ISO certifications are available through the third-party auditor or the Provider;
      7.1.2​   a Personal Data Breach has occurred;
      7.1.3​   an audit is formally requested by the Customer's data protection authority; or

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      7.1.4​  Data Protection Law provides Customer with a direct audit right and provided that
      Customer will only audit once in any twelve (12) month period unless Data Protection Law
      requires more frequent audits.
      7.2​    Further requirements: Audits of the Provider’s control environment and security
      practices relevant to the Customer’s Personal Data processed by the Provider under this DPA
      are subject to the condition that it can be technically ensured that during an audit no access
      can be gained to data that is not processed within the scope of the Subscription Agreement
      with the Customer and in particular to data of other customers of the Provider. The Provider
      may refuse to provide information or access to the Provider’s business premises and IT
      systems if and to the extent that this could violate confidentiality obligations of the Provider.
      The Provider makes available to the Customer all information necessary to demonstrate
      compliance with its obligations which are hereby agreed upon.
      7.3​     Scope of audit: Except in the event of a Personal Data Breach, the Customer will
      provide at least sixty (60) days advance notice of any audit unless mandatory Data Protection
      Law or a competent data protection authority requires shorter notice (or sooner if mutually
      agreed upon by the parties). The Customer audits will be limited in time to a maximum of three
      (3) business days, unless otherwise agreed to between the parties. The Customer will provide
      the results of any audit to the Provider.
      7.4​     Cost of audits: The Customer will bear the costs of any audit unless such audit reveals
      a material breach by the Provider of this DPA, then the Provider will bear its own expenses of
      an audit. If an audit determines that the Provider has breached its obligations under this DPA,
      the Provider will promptly remedy the breach at its own cost.
      8​       Sub-processors
      8.1​    Permitted use: The Provider is granted a general authorization to subcontract the
      processing of Personal Data to Sub-processors, as follows:
      8.1.1​  The Provider will engage Sub-processors under a written (including in electronic
      form) contract consistent with the terms of this DPA in relation to the Sub-processor's
      processing of Personal Data and the Provider will be fully liable for any breaches by and all
      acts and omissions of its Sub-processors in accordance with this DPA.
      8.1.2​   The Provider will exercise appropriate due diligence in selecting Sub-processors and
      will evaluate the security, privacy and confidentiality practices of a Sub-processor prior to
      selection to establish that it is capable of providing the level of protection of Personal Data
      required by this DPA and the Provider will regularly evaluate each Sub-processor’s security
      practices as they relate to data handling.
      8.1.3​   The Customer authorizes the Provider to subcontract the Sub-processors to provide
      Checkmk       Cloud    (SaaS)     and/or   Checkmk      OEM    Support   (as   listed    at
      https://checkmk.com/legal/sub-processors as of the Effective Date, including the name,
      location of processing and role of each Sub-processor).
      8.2​     New Sub-processors: The Provider will update the list of Sub-processors (as listed at
      https://checkmk.com/legal/sub-processors) when appointing a new Sub-processor, including
      name, location of processing and role of the new Sub-processor. Customers can automatically
      be notified of changes to Sub-processors by subscribing to receive Trust Center notifications
      at https://trust.checkmk.com/#subprocessors. The Customer may object to such changes as
      set out in section 8.3 of this DPA below.
      8.3​   Objections to new Sub-processors: The Customer may object to any new proposed
      Sub-processors as follows:
      8.3.1​  If the Customer has a legitimate reason to object to the new Sub-processors'
      processing of Personal Data, the Customer may terminate the Subscription Agreement for
      which the new Sub-processor is intended to be used on written notice to the Provider (text
      form being sufficient). Such termination will take effect at the time determined by the
      Customer which will be no later than fourteen (14) days from the date of the Provider’s notice
      to the Customer informing the Customer of the new Sub-processor. If the Customer does not
      terminate within this fourteen (14) day period, the Customer is deemed to have accepted the
      new Sub-processor.
      8.3.2​ Within the fourteen (14) day period from the date of the Provider's notice to the
      Customer informing the Customer of the new Sub-processor, the Customer may request that
      the parties come together in good faith to discuss a resolution to the objection. Such

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      discussions will not extend the period for termination and do not affect the Provider's right to
      use the new Sub-processor(s) after the fourteen (14) day period.
      8.3.3​ Any termination under this in section 8.3 of this DPA will be deemed to be without fault
      by either party and will be subject to the terms of the Subscription Agreement; provided, that
      no fee or penalty will be payable by the Customer in connection with such termination.
      8.4​    Emergency replacement: The Provider may replace a Sub-processor without advance
      notice where the reason for the change is outside of the Provider's reasonable control and
      prompt replacement is required for security or other urgent reasons, subject to sections 8.1.1
      and 8.1.2 of this DPA above. In this case, the Provider will inform the Customer of the
      replacement Sub-processor as soon as possible following its appointment. Section 8.3 of this
      DPA applies accordingly.
      9​       International processing
      The Provider is authorized to transfer Personal Data to countries outside the EU/EEA. If
      Personal Data is processed under the Subscription Agreement and this DPA is transferred from
      a country within the EU/EEA to a country outside the EU/EEA, the parties will ensure that the
      Personal Data is adequately protected. To achieve this, the Provider will, unless agreed
      otherwise, only transfer Personal Data outside the EU/EEA in accordance with the
      requirements of chapter V of the GDPR.
      10​      Documentation; records of processing
      Each party is responsible for its compliance with its documentation requirements, in particular
      maintaining records of processing where required under Data Protection Law. Each party will
      reasonably assist the other party in its documentation requirements, including providing the
      information the other party needs from it in a manner reasonably requested by the other party
      (such as using an electronic system), in order to enable the other party to comply with any
      obligations under Data Protection Law relating to maintaining records of processing. The
      Provider will make such records available to the Customer or a supervisory authority upon
      request, both in accordance with Data Protection Law.

      Schedule to this DPA:
      Schedule – Details of the Data Processing

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      Schedule – Details of the Data Processing

            Description                                        Details

       Categories of Data                Checkmk Cloud (SaaS)
       Subjects
                                         The Data Subjects include (i) users authorized by
                                         the Customer to use Checkmk Cloud (SaaS) and
                                         (ii) users of monitored systems as determined at
                                         the Customer’s sole discretion.
                                         Checkmk OEM Support for Checkmk Cloud
                                         (SaaS) or Checkmk Software (Self-Hosted)
                                         Data subjects include users authorized by the
                                         Customer who provide personal data of the
                                         Customer or third parties in connection with
                                         Checkmk OEM Support within the support
                                         systems used for this purpose, as soon as these
                                         support systems are provided by the Processor
                                         in a cloud environment.
                                         Premium Support
                                         Data subjects include (i) users authorized by the
                                         Customer who make use of Live Support with
                                         Premium Support services and (ii) personal data
                                         of the Customer or third parties potentially
                                         disclosed by the Customer under its own
                                         responsibility in connection with Premium
                                         Support. Premium Support is described in the
                                         Service Description Checkmk OEM Support and
                                         SLAs.

       Categories of                     Checkmk Cloud (SaaS), Checkmk OEM Support
       Personal Data                     for Checkmk Cloud (SaaS) or Checkmk
                                         Software (Self-Hosted)
                                         - The Customer is required to provide certain
                                         Personal Data in order to use Checkmk Cloud
                                         (SaaS) (including master data such as first and
                                         last name, job title, telephone number, address
                                         and email addresses of End Users and (Premium)
                                         Support Contacts.
                                         - Data required for client authorization (including
                                         names of End Users, email addresses,
                                         permission roles of specific administrators
                                         and/or end-users as well as access credentials).
                                         - Client log files and application log files related
                                         to the use of Checkmk Cloud (SaaS) itself
                                         (including IP addresses, email addresses, system
                                         status data).
                                         - Data required for Checkmk to perform the
                                         Checkmk OEM Support Services.
                                         - Telemetry data such as (but not limited to) a)
                                         Checkmk Environment (i) number and types of
                                         hosts, services, and folders (this does not
                                         include names or paths of folders); (ii) edition
                                         and version; b) usage data for checks and
                                         plug-ins. The following data is collected per

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                                  plug-in, using the plug-in name as the identifier:
                                  (i) number of services created by a plug-in; (ii)
                                  number of unique hosts in which a plug-in is
                                  active; (iii) number of deactivated services
                                  created by a plug-in; c) Grafana integration (i)
                                  checks whether a site uses the Grafana
                                  integration and transmits (if active); (ii) Grafana
                                  version; (iii) whether Grafana is being used; d)
                                  configurations of rule sets; e) interactions with
                                  the user admin panel; f) number and type of
                                  notifications sent; and g) frequency of logins.

                                  - The Customer may submit additional Personal
                                  Data to Checkmk Cloud (SaaS) and/ or in the
                                  context of Checkmk OEM Support, the extent of
                                  which is determined and controlled by the
                                  Customer at its sole discretion.

       Sensitive data             The Provider aims for a protection level for the
       processed (if any) and     parties     concerned     by data    processing
       any restrictions or        appropriate to the nature and extent of the risk
       safeguards applied         for rights and liberties.
       that are appropriate to
       the nature of the data     Checkmk Cloud (SaaS) and Checkmk OEM
       and the risks              Support for Checkmk Cloud (SaaS) or Checkmk
       associated with it,        Software (Self-Hosted)
       such as strict purpose     The Provider applies the principle of least
       limitation, access         privilege for all internal access requirements,
       restrictions (including    with a focus on restricting access to the
       access only for            Checkmk Cloud (SaaS) system environment.
       employees who have         Access to all Provider systems is automatically
       received special           logged within their respective environments, and
       training), records of      the log data is transmitted to a designated
       access to the data,        account accessible only by auditors and security
       restrictions on further    engineers. Customer logs are kept separate from
       transfers or additional    the Provider’s application logs within the region,
       security measures          where they are only accessible with the
                                  Customer's consent during an investigation. The
                                  same applies to the support systems used in
                                  connection with Checkmk OEM Support, as soon
                                  as these support systems are provided by the
                                  Processor in a cloud environment.
                                  - Conduct of video conferences. Live Support in
                                  connection with Premium Support is provided
                                  exclusively via remote screen sharing during
                                  video conferences. Live Support is limited to
                                  screen sharing for the sole purpose of real-time
                                  assistance and troubleshooting. The Provider is
                                  prohibited from taking control of the Customer's
                                  IT systems. It is the Customer's sole
                                  responsibility to ensure that no personal data of
                                  the Customer and/or third parties is visible during
                                  Live Support.

       Frequency of               Checkmk Cloud (SaaS) and Checkmk OEM
       transmission (e.g.,        Support for Checkmk Cloud (SaaS) or Checkmk
       whether transmission       Software (Self-Hosted)
       is one-time or
       ongoing)                   - Master data is collected once for the
                                  authentication and authorization of the Customer

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                                   and relevant End Users.
                                   - Client log files and application log files are
                                   transmitted on an ongoing basis for each user
                                   session.

       Purpose(s) of the           Checkmk Cloud (SaaS) and Checkmk OEM
       processing                  Support for Checkmk Cloud (SaaS) or Checkmk
                                   Software (Self-Hosted)

                                   - To enable the Provider to perform services for
                                   the Customer based on the Subscription
                                   Agreement as of the Effective Date regarding the
                                   provision of Checkmk Cloud (SaaS) and the
                                   provision of Checkmk OEM Support, and to
                                   exercise its rights and obligations under the
                                   Subscription Agreement.

                                   - To enable the Provider to collect and analyze
                                   Service-generated Data, in particular Telemetry
                                   Data, for the purpose of performance analysis
                                   and improvement of Checkmk Cloud (SaaS) and
                                   Checkmk Software (Self-Hosted).

       Duration for which the      The Provider stores Personal Data for the
       Personal Data will be       duration of the term of the Subscription
       stored or, if this is not   Agreement regarding the provision of Checkmk
       possible, the criteria      Cloud (SaaS) and Checkmk OEM Support
       for determining this        Services and for as long as needed for the
       duration                    respective purpose.

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