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DATA PROCESSING ADDENDUM
THIS DATA PROCESSING ADDENDUM (“Addendum”), is effective as of the later of the date of its execution
or the effective date of the Agreement to which it relates:
By and Between:
(1) PFL Tech, Inc. a Delaware corporation whose place of business is 100 PFL Way, Livingston, MT 59047,
(“Data Exporter”); and
(2) _________________________, a ______________________________ whose place of business is at
___________________________________________________ and any Affiliate (as defined below). (“Data
Importer”).
Background:
(A) The Data Importer provides services to Data Exporter and its affiliates under the terms of the Master
Services Agreement.
(B) In the ordinary course of providing these services, the Supplier will receive access to Personal Data
(as defined below).
(C) This Addendum details the parties' obligations in relation to their sharing of Personal Data in
accordance with the Data Protection Laws and Regulations relating to the processing of Personal
Data (as defined below).
This Addendum is incorporated into and subject to the Agreement and reflects the Agreement with
respect to the terms governing the Processing of Personal Data under the Agreement. If there is a conflict
in terms between this Addendum and the Agreement, this Addendum shall control. Details of Processing
of Personal Data, set forth as Annex 1, and the Standard Contractual Clauses, set forth as Annex 2 (if
applicable), form an integral part of this Addendum. In order to cite adequate safeguards with respect
to the protection of privacy and Personal Data of the Data Subjects, the parties hereby agree as follows:
1. Definitions. For the purposes of this Addendum, the following expressions bear the following
meanings:
• “CCPA” means the California Consumer Privacy Act (the “CCPA”)
• “Consumer” means a natural person who is a California resident, however identified,
including by any unique identifier, as defined under CCPA.
• “Customer Data” means any Personal Data submitted by Eightfold or its authorized users to
the Services.
• “Data Exporter” means the entity which determines the purposes and means of the
Processing of Personal Data.
• “Data Importer” means the entity which Processes Personal Data on behalf of the Data
Exporter.
• “Data Protection Laws and Regulations” means all applicable laws and regulations, including
laws and regulations of the State of California, United States of America, European Union, the
European Economic Area and their member states, Switzerland and the United Kingdom,
applicable to the Processing of Personal Data under the Agreement.
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Data Processing Addendum
• "Data Subject" means an identified or identifiable natural person; an identifiable natural
person is one who can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online identifier or to
one or more factors specific to the physical, physiological, genetic, mental, economic, cultural
or social identity of that natural person.
• "GDPR" means 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 and repealing Directive 95/46/EC (General Data
Protection Regulation).
• "Personal Data" means any information relating to a Data Subject and Consumer, as the term
“personal data” is defined under GDPR and as the term “personal information” is defined
under CCPA.
• "Personal Data Breach" means a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to, personal data
transmitted, stored or otherwise processed.
• "Personnel" means persons authorized by Vendor to Process Personal Data.
• "Process" or "Processing" means any operation or set of operations which is performed upon
Personal Data, whether or not by automatic means, such as collection, organization, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination, or otherwise making available, alignment or combination, blocking, erasure
or destruction.
• “Service” means the products or services provided by Vendor to Eightfold pursuant to the
Agreement.
2. Compliance with Law. Data Importer will comply with all Data Protection Laws and Regulations
applicable to the protection of Personal Data.
3. Limitations on Use. The Data Importer Processes Personal Data solely in accordance with the terms
and conditions of this Addendum on behalf of the Data Exporter. The Data Importer shall use the
Personal Data that are Processed, or which are collected for their incorporation, only for the purpose
which is the subject-matter of the Agreement and this Addendum. In no event, the Data Importer will
be entitled to use the Personal Data for its own purposes. The categories of Personal Data, the Data
Subjects as well as the purposes of Processing are described in Annex 1 to this Addendum.
4. Return or Disposal. This Addendum will take effect on the Effective Date and automatically
terminate upon the expiry or termination of the Agreement. The duration of Processing Personal
Data shall be for the term of the Agreement. At the option of the Data Exporter, the Data Importer
shall return or delete all Personal Data upon termination of the Agreement or at any Data Exporter’s
request. If Data Importer disposes of any paper, electronic or other record containing Personal
Information, Data Importer will do so by taking all reasonable steps (based on the sensitivity of
Personal Information) to destroy Personal Information by: (a) shredding; (b) permanently erasing and
deleting; (c) degaussing; or (d) otherwise modifying Personal Information in such records to make it
unreadable, unreconstructable and indecipherable.
5. Use of Subprocessors. The Data Exporter agrees that Data Importer may engage Subprocessors to
process Personal Data. The Data Importer shall ensure that each Subprocessor has entered into a
written agreement requiring the Subprocessor to abide by terms no less protective than those
provided in this Addendum. Upon request of the Data Exporter, the Data Importer shall provide to
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the Data Exporter a copy of any subcontracting agreement. The Data Importer shall be liable for the
acts and omissions of any Subprocessor to the same extend as if the acts or omissions were
performed by the Data Importer. The Data Importer shall provide the list of Subprocessors engaged
by the Data Importer subject to the Agreement as of the date of this Addendum, by sending the list
of Subprocessors by email to the address: PFLTrust@pfl.com during five (5) days starting from the
Effective Date. At least thirty (30) days prior to any intended changes concerning the engaging any
new Subprocessor to Process Personal Data, or replacement of relevant Subprocessor, the Data
Importer shall notify the Data Exporter by email to the address PFLTrust@PFL.com, giving the Data
Exporter the opportunity to object to such changes. If, within 30 days of receipt of that notice, the
Data Exporter notifies the Data Importer of any objections to the proposed appointment, the Data
Importer shall not engage such Subprocessor until reasonable steps have been taken to address the
objections raised by the Data Exporter.
6. Personnel. The Data Importer will take reasonable steps to ensure the reliability of any employee,
agent or contractor of the Data Importer and any Subprocessor who may have access to the Personal
Data, ensuring in each case that access is strictly limited to those individuals who need to have access
to the relevant Personal Data, as strictly necessary for the purposes of the Agreement and this
Addendum, ensuring that all such individuals are subject to confidentiality undertakings or
professional or statutory obligations of confidentiality and are adequately instructed in the
appropriate handling and safeguarding of Personal Data.
7. Rights of Data Subjects. The Data Importer shall assist the Data Exporter by implementing
appropriate technical and organizational measures, for the fulfilment of the Data Exporter’s
obligation to respond to requests for exercising the Data Subject’s rights laid down in Chapter III of
GDPR. The Data Importer will promptly notify the Data Exporter if the Data Importer or any
Subprocessor receives a request from a Data Subject in respect of Personal Data. The Data Importer
shall ensure that the Data Importer or any Subprocessor engaged by Data Importer does not
respond to that request except on the documented instructions of the Data Exporter.
8. Security, Reporting and Impact Assessments. Taking into account the state of the art, the costs of
implementation and the nature, scope, context and purposes of Processing as well as the risk of
varying likelihood and severity for the rights and freedoms of natural persons, the Data Importer will
in relation to the Personal Data implement appropriate technical and organizational measures to
ensure a level of security appropriate to that risk, including, as appropriate, the measures referred
to in Article 32(1) of the GDPR. The Data Importer will assist the Data Exporter in ensuring compliance
with the obligations concerning the security of Personal Data, reporting requirements for Data
Breaches, data protection impact assessments and prior consultations, referred to in Articles 32 to
36 taking into account the nature of Processing and the information available to the Data Importer.
9. Data Breach. The Data Importer will promptly notify the Data Exporter when Data Importer or any
Subprocessor becoming aware of a Personal Data Breach affecting Data Exporter’s Personal Data,
providing the Data Exporter with sufficient information to allow to meet any obligations to report or
inform Data Subjects or supervisory authorities of the Personal Data Breach. The Data Importer will
co-operate with the Data Exporter and take such reasonable commercial steps as are directed by the
Data Exporter to assist in the investigation, mitigation and remediation of each such Personal Data
Breach.
10. Audit. The Data Importer will make available to the Data Exporter on request all information
necessary to demonstrate compliance with this Addendum and Data Protection Laws and
Regulations, and will allow for and contribute to audits, including inspections, conducted by the
Data Exporter or an auditor mandated
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by the Data Exporter in relation to the processing of the Personal Data. The Data Importer will inform
the Data Exporter of any inspections and audits of the Data Importer conducted by the data
protection authorities or any decisions issued thereby.
11. Transfers. The Data Importer undertakes not to transfer Personal Data processed within the
framework of the Addendum, outside the European Economic Area, unless it receives a prior, written
consent of the Data Exporter and only after the requirements for data transfers outside the
European Economic Area provided in the applicable Data Protection Laws and Regulations
(including the GDPR) are met. The Data Importer and the Data Exporter will enter into the Standard
Contractual Clauses set out in Annex 2 in respect of any Personal Data transfers (if applicable).
12. Indemnification. The parties agree that if one party is held liable for a violation of this Addendum,
committed by the other party, the latter will, to the extent to which it is liable, indemnify the first
party for any cost, charge, damages, expenses or direct losses it has incurred.
13. Governing Law and Jurisdiction. The parties to this Addendum hereby submit to the choice of
jurisdiction stipulated in the Agreement with respect to any disputes or claims howsoever arising
under this Addendum, including disputes regarding its existence, validity or termination or the
consequences of its nullity.
14. Severance. Should any provision of this Addendum be invalid or unenforceable, then the remainder
of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be
either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’
intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid
or unenforceable part had never been contained therein.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective Date.
PFL Tech, Inc.
Signature
Name Casey Bartz
Title Chief Technology Officer
[Data Importer]
Signature
Name
Title
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ANNEX 1: DETAILS OF PROCESSING OF PERSONAL DATA
This Annex 1 includes certain details regarding subject-matter, the nature and purpose of the Processing,
the type of Personal Data and categories of Data Subjects.
Data Exporter
PFL Trust, Inc.
Data Importer
Data Subjects
The personal data transferred concern the following categories of Data Subjects (please specify):
Data Exporter's customers data Other:
Data Exporter's employee data
Categories of Data
The personal data transferred concern the following categories of data (please specify):
First and Last Name Mailing Address: City, State, Zip, Country
Employer, Title, Email, Phone Other:
Special Categories of Data (Sensitive Information) (if appropriate)
The personal data transferred concern the following special categories of data (please specify):
None
Processing Operations
The personal data transferred will be subject to the following basic processing activities (please specify):
Data Importer processes Personal Data securely via API with encryption in transit and at rest.
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ANNEX 2: STANDARD CONTRACTUAL CLAUSES
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to Data Importers
established in third countries which do not ensure an adequate level of data protection.
Name of the data exporting organization: PFL Tech, Inc. (the ‘Data Exporter’)
Address: 100 PFL Way, Livingston, MT, USA
Tel.: ____________;
800-930-5088 fax: __________________;
406-222-4990 e-mail: __________________
PFLTrust@PFL.com
Other information needed to identify the organization
……………………………………………………………
(the Data Exporter)
And
Name of the data importing organization:
Address:
Tel. ..................................................; fax: e-mail:
Other information needed to identify the organization:
…………………………………………………………………
(the Data Importer)
each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate
safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals
for the transfer by the Data Exporter to the Data Importer of the personal data specified in Appendix 1.
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Clause 1
Definitions
For the purposes of the Clauses:
(a) 'personal data', 'special categories of data', 'process/processing', 'Data Exporter', 'Data Importer',
'Data Subject' and 'supervisory authority' will have the same meaning as in Directive 95/46/EC of
the European Parliament and of the Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free movement of such data;
(b) 'the Data Exporter' means the Data Exporter who transfers the personal data;
(c) 'the Data Importer' means the Data Importer who agrees to receive from the Data Exporter
personal data intended for processing on his behalf after the transfer in accordance with his
instructions and the terms of the Clauses and who is not subject to a third country's system
ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) 'the Subprocessor' means any Data Importer engaged by the Data Importer or by any other
Subprocessor of the Data Importer who agrees to receive from the Data Importer or from any
other Subprocessor of the Data Importer personal data exclusively intended for processing
activities to be carried out on behalf of the Data Exporter after the transfer in accordance with
his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) 'the applicable data protection law' means the legislation protecting the fundamental rights and
freedoms of individuals and, in particular, their right to privacy with respect to the processing
of personal data applicable to a data Data Exporter in the Member State in which the Data
Exporter is established;
(f) 'technical and organizational security measures' means those measures aimed at protecting
personal data against accidental or unlawful destruction or accidental loss, alteration,
unauthorised disclosure or access, in particular where the processing involves the transmission
of data over a network, and against all other unlawful forms of processing.
Clause 2
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are
specified in Appendix 1 which forms an integral part of the Clauses.
Clause 3
Third-party beneficiary clause
1. The Data Subject can enforce against the Data Exporter this Clause, Clause 4(b) to (i), Clause
5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-
party beneficiary.
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2. The Data Subject can enforce against the Data Importer this Clause, Clause 5(a) to (e) and (g),
Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the Data Exporter has factually
disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal
obligations of the Data Exporter by contract or by operation of law, as a result of which it takes on
the rights and obligations of the Data Exporter, in which case the Data Subject can enforce them
against such entity.
3. The Data Subject can enforce against the Subprocessor this Clause, Clause 5(a) to (e) and (g),
Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the Data Exporter and
the Data Importer have factually disappeared or ceased to exist in law or have become insolvent,
unless any successor entity has assumed the entire legal obligations of the Data Exporter by
contract or by operation of law as a result of which it takes on the rights and obligations of the
Data Exporter, in which case the Data Subject can enforce them against such entity. Such third-
party liability of the Subprocessor will be limited to its own processing operations under the
Clauses.
4. The parties do not object to a Data Subject being represented by an association or other body
if the Data Subject so expressly wishes and if permitted by national law.
Clause 4
Obligations of the Data Exporter
The Data Exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue
to be carried out in accordance with the relevant provisions of the applicable data protection law
(and, where applicable, has been notified to the relevant authorities of the Member State where
the Data Exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will
instruct the Data Importer to process the personal data transferred only on the Data Exporter's
behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the Data Importer will provide sufficient guarantees in respect of the technical and
organizational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security
measures are appropriate to protect personal data against accidental or unlawful destruction
or accidental loss, alteration, unauthorised disclosure or access, in particular where the
processing involves the transmission of data over a network, and against all other unlawful forms
of processing, and that these measures ensure a level of security appropriate to the risks
presented by the processing and the nature of the data to be protected having regard to the
state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the Data Subject has been informed or will
be informed before, or as soon as possible after, the transfer that its data could be transmitted
to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
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(g) to forward any notification received from the Data Importer or any Subprocessor pursuant to
Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the Data Exporter
decides to continue the transfer or to lift the suspension;
(h) to make available to the Data Subjects upon request a copy of the Clauses, with the exception of
Appendix 2, and a summary description of the security measures, as well as a copy of any
contract for subprocessing services which has to be made in accordance with the Clauses,
unless the Clauses or the contract contain commercial information, in which case it may remove
such commercial information;
(i) that, in the event of subprocessing, the processing activity is carried out in accordance with
Clause 11 by a Subprocessor providing at least the same level of protection for the personal
data and the rights of Data Subject as the Data Importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Clause 5
Obligations of the Data Importer
The Data Importer agrees and warrants:
(a) to process the personal data only on behalf of the Data Exporter and in compliance with its
instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it
agrees to inform promptly the Data Exporter of its inability to comply, in which case the Data
Exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the
instructions received from the Data Exporter and its obligations under the contract and that in
the event of a change in this legislation which is likely to have a substantial adverse effect on the
warranties and obligations provided by the Clauses, it will promptly notify the change to the Data
Exporter as soon as it is aware, in which case the Data Exporter is entitled to suspend the transfer
of data and/or terminate the contract;
(c) that it has implemented the technical and organizational security measures specified in
Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the Data Exporter about:
(i) any legally binding request for disclosure of the 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,
(ii) any accidental or unauthorised access, and
(iii) any request received directly from the Data Subjects without responding to that request,
unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the Data Exporter relating to its processing
of the personal Data Subject to the transfer and to abide by the advice of the supervisory
authority with regard to the processing of the data transferred;
(f) at the request of the Data Exporter to submit its data processing facilities for audit of the
processing activities covered by the Clauses which will be carried out by the Data Exporter or an
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inspection body composed of independent members and in possession of the required
professional qualifications bound by a duty of confidentiality, selected by the Data Exporter,
where applicable, in agreement with the supervisory authority;
(g) to make available to the Data Subject upon request a copy of the Clauses, or any existing contract
for subprocessing, unless the Clauses or contract contain commercial information, in which case
it may remove such commercial information, with the exception of Appendix 2 which will be
replaced by a summary description of the security measures in those cases where the Data
Subject is unable to obtain a copy from the Data Exporter;
(h) that, in the event of subprocessing, it has previously informed the Data Exporter and obtained
its prior written consent;
(i) that the processing services by the Subprocessor will be carried out in accordance with Clause
11;
(j) to send promptly a copy of any Subprocessor agreement it concludes under the Clauses to the
Data Exporter.
Clause 6
Liability
1. The parties agree that any Data Subject, who has suffered damage as a result of any breach of the
obligations referred to in Clause 3 or in Clause 11 by any party or Subprocessor is entitled to
receive compensation from the Data Exporter for the damage suffered.
2. If a Data Subject is not able to bring a claim for compensation in accordance with paragraph 1
against the Data Exporter, arising out of a breach by the Data Importer or his Subprocessor of
any of their obligations referred to in Clause 3 or in Clause 11, because the Data Exporter has
factually disappeared or ceased to exist in law or has become insolvent, the Data Importer agrees
that the Data Subject may issue a claim against the Data Importer as if it were the Data Exporter,
unless any successor entity has assumed the entire legal obligations of the Data Exporter by
contract of by operation of law, in which case the Data Subject can enforce its rights against such
entity.
The Data Importer may not rely on a breach by a Subprocessor of its obligations in order to
avoid its own liabilities.
3. If a Data Subject is not able to bring a claim against the Data Exporter or the Data Importer
referred to in paragraphs 1 and 2, arising out of a breach by the Subprocessor of any of their
obligations referred to in Clause 3 or in Clause 11 because both the Data Exporter and the Data
Importer have factually disappeared or ceased to exist in law or have become insolvent, the
Subprocessor agrees that the Data Subject may issue a claim against the data Subprocessor with
regard to its own processing operations under the Clauses as if it were the Data Exporter or the
Data Importer, unless any successor entity has assumed the entire legal obligations of the Data
Exporter or Data Importer by contract or by operation of law, in which case the Data Subject can
enforce its rights against such entity. The liability of the Subprocessor will be limited to its own
processing operations under the Clauses.
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Clause 7
Mediation and jurisdiction
1. The Data Importer agrees that if the Data Subject invokes against it third-party beneficiary rights
and/or claims compensation for damages under the Clauses, the Data Importer will accept the
decision of the Data Subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the
supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the Data Exporter is
established.
2. The parties agree that the choice made by the Data Subject will not prejudice its substantive or
procedural rights to seek remedies in accordance with other provisions of national or
international law.
Clause 8
Cooperation with supervisory authorities
1. The Data Exporter agrees to deposit a copy of this contract with the supervisory authority if it
so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the Data
Importer, and of any Subprocessor, which has the same scope and is subject to the same
conditions as would apply to an audit of the Data Exporter under the applicable data protection
law.
3. The Data Importer will promptly inform the Data Exporter about the existence of legislation
applicable to it or any Subprocessor preventing the conduct of an audit of the Data Importer,
or any Subprocessor, pursuant to paragraph 2. In such a case the Data Exporter will be entitled
to take the measures foreseen in Clause 5 (b).
Clause 9
Governing Law
The Clauses will be governed by the law of the Member State in which the Data Exporter is established.
Clause 10
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from
adding clauses on business related issues where required as long as they do not contradict the Clause.
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Clause 11
Subprocessing
1. The Data Importer will not subcontract any of its processing operations performed on behalf
of the Data Exporter under the Clauses without the prior written consent of the Data Exporter.
Where the Data Importer subcontracts its obligations under the Clauses, with the consent of
the Data Exporter, it will do so only by way of a written agreement with the Subprocessor which
imposes the same obligations on the Subprocessor as are imposed on the Data Importer under
the Clauses. Where the Subprocessor fails to fulfil its data protection obligations under such
written agreement the Data Importer will remain fully liable to the Data Exporter for the
performance of the Subprocessor's obligations under such agreement.
2. The prior written contract between the Data Importer and the Subprocessor will also provide
for a third-party beneficiary clause as laid down in Clause 3 for cases where the Data Subject is
not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the
Data Exporter or the Data Importer because they have factually disappeared or have ceased to
exist in law or have become insolvent and no successor entity has assumed the entire legal
obligations of the Data Exporter or Data Importer by contract or by operation of law. Such third-
party liability of the Subprocessor will be limited to its own processing operations under the
Clauses.
3. The provisions relating to data protection aspects for subprocessing of the contract referred to in
paragraph 1 will be governed by the law of the Member State in which the Data Exporter is
established.
4. The Data Exporter will keep a list of subprocessing agreements concluded under the Clauses and
notified by the Data Importer pursuant to Clause 5 (j), which will be updated at least once a year.
The list will be available to the Data Exporter's data protection supervisory authority.
Clause 12
Obligation after the termination of personal data processing services
1. The parties agree that on the termination of the provision of data processing services, the Data
Importer and the Subprocessor will, at the choice of the Data Exporter, return all the personal
data transferred and the copies thereof to the Data Exporter or will destroy all the personal
data and certify to the Data Exporter that it has done so, unless legislation imposed upon the
Data Importer prevents it from returning or destroying all or part of the personal data
transferred. In that case, the Data Importer warrants that it will guarantee the confidentiality of
the personal data transferred and will not actively process the personal data transferred
anymore.
2. The Data Importer and the Subprocessor warrant that upon request of the Data Exporter
and/or of the supervisory authority, it will submit its data processing facilities for an audit of the
measures referred to in paragraph 1.
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On behalf of the Data Exporter:
Name (written out in full): Casey Bartz
Position: Chief Technology Officer
Address: 100 PFL Way, Livingston, MT, 59047 USA
Other information necessary in order for the contract to be binding (if any): n/a
Signature……………………………………….
On behalf of the Data Importer:
Name (written out in full):
Position:
Address:
Other information necessary in order for the contract to be binding (if any):
Signature……………………………………….
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APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties. The Member
States may complete or specify, according to their national procedures, any additional necessary information
to be contained in this Appendix.
Data Importer.
Data Subjects.
Data Exporter’s customer data, including current and/or potential clients.
Categories of Data. The personal data transferred concern the following categories of data:
Delivery information (names, address, city state, zip, country) of Data Exporter customer’s current and/or
potential clients, including Variable Data fields as defined by the Data Exporter’s customer.
Special Categories of Data (Sensitive Information) (if appropriate):
None
Processing Operations. The Personal Data will be subject to the following basic processing activities:
Data Importer processes Personal Data securely via API with encryption in transit and at rest in order to
provide the Service pursuant to the Main Agreement,
DATA EXPORTER
Name: Chief Technology Officer
Authorized Signature
DATA IMPORTER
Name:
Authorized Signature
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APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties.
Description of the technical and organizational security measures implemented by the Data
Importer in accordance with Clauses 4(d) and 5(c):
Data Importer processes Personal Data securely via API with encryption in transit and at
rest in order
The parties agree that if one party is held liable for a violation of the clauses committed by the other party,
the latter will, to the extent to which it is liable, indemnify the first party for any cost, charge, damages,
expenses or loss it has incurred.
Indemnification is contingent upon:
(a) the Data Exporter promptly notifying the Data Importer of a claim; and
(b) the Data Importer being given the possibility to cooperate with the Data Exporter in the defense and
settlement of the claim.
DATA EXPORTER
Name Casey Bartz
Title Chief Technology Officer
Signature
DATA IMPORTER
Name
Title
Signature
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