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Data processing addendum
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https://rapidscale.com/hubfs/2%20-%20Content/Other/Data-Processing-Agreement.pdf
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     RapidScale Data Processing Agreement
     This Data Processing Agreement (“DPA”) between RapidScale and the Customer sets out
     the additional terms, requirements, and conditions on which RapidScale will obtain,
     handle, process, disclose, transfer, or store Personal Data when providing services under
     the Agreement. Unless otherwise defined in this DPA, all capitalized terms used in this DPA
     will have the meanings given to them in Section 14 “Definitions and Interpretation” of this
     DPA.

        1. DATA PROCESSING.

               a. Scope and Roles. This DPA applies when Customer Data is processed by
                  RapidScale; provided that, except as provided under Applicable Privacy Laws,
                  this DPA does not apply to any data processed by a third-party product or
                  service or any data that is transmitted through the Service(s), such as
                  information entered on a non-RapidScale website or transmitted to a public
                  network. The Customer and RapidScale acknowledge that for the purpose of
                  any Applicable Privacy Law requirements, the Customer is the controller and
                  RapidScale is the processor of the Customer Data. The Customer retains
                  control of the Customer Data and remains responsible for its compliance
                  obligations under Applicable Privacy Law, including providing any required
                  notices and obtaining any required consents or legal bases for processing,
                  and for ensuring the processing instructions it gives to RapidScale comply
                  with all relevant legal requirements.

               b. Customer Controls. Customers can use the Service Controls to assist in
                  meeting its obligations under Applicable Privacy Law, including its obligations
                  to respond to requests from data subjects. Where required by Applicable
                  Privacy Laws RapidScale will reasonably cooperate with Customer to erase or
                  rectify inaccurate or outdated Customer Data by providing the Service
                  Controls that Customer can use to erase or rectify Customer Data.

               c. Details of Data Processing. This sub-clause describes the general Customer
                  Data categories and data subject types of RapidScale may process to fulfil the
                  Business Purposes.

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                   i.   Subject matter: The subject matter of the data processing under this
                        DPA is the processing of Customer Data necessary for RapidScale to
                        provide the Services to the Customer, as described in the applicable
                        Service Documents and Service Orders.

                  ii.   Duration: The duration of the data processing is for the term of the
                        Agreement and this DPA, unless a longer retention period is required
                        by Applicable Privacy Laws or agreed upon in writing by the parties.

                 iii.   Purpose: The purpose of the data processing under this DPA is to
                        enable RapidScale to provide the Services as requested by the
                        Customer and as necessary for the performance of the Agreement,
                        including service delivery, security, maintenance, and support.

                 iv.    Nature of the processing: The processing includes collection, storage,
                        use, transmission, and deletion of Customer Data as necessary to
                        provide RapidScale’s Services, which include: RapidScale Public
                        Cloud Services (e.g., Cloud Fabrics, General Public Cloud Services
                        and Public Cloud Optimization) and Core Services (e.g., Public Cloud
                        Application Services, Hosted Cloud, Network Services, End User
                        Computing, DAAS, End Point Management, Data Protection, Support &
                        Managed Services, Subscription Services and RapidScale Portal) as
                        described in applicable Service Documents and purchased by
                        Customer from time-to-time pursuant to a Service Order.

                  v.    Type of Customer Data: All categories of Customer Data processed by
                        the Services under Customer’s RapidScale account. Customer may
                        further specify those categories of Personal Data in each applicable
                        Service Order.

                 vi.    Categories of data subjects: the Data Subjects could include
                        Customer’s past and current clients, employees, suppliers, and users.

                 vii.   Cross-Border Data Transfers Subject to Appropriate Safeguards:
                        RapidScale will not transfer Customer Data outside the UK, EEA, or
                        other jurisdictions with data transfer restrictions without the prior
                        written instructions or authorization of the Customer, except where
                        required to comply with applicable laws. Where such transfers occur,
                        RapidScale shall implement appropriate safeguards,

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                          including Standard Contractual Clauses (SCCs), the UK
                          International Data Transfer Agreement (IDTA), or other legally
                          recognized mechanisms.

                  viii.   Approved Subcontractors: A list of RapidScale sub-processors is
                          available upon written request.

                   ix.    Compliance with Laws. Each party will comply with all laws, rules and
                          regulations applicable to it, including Applicable Privacy Law.

        2. CUSTOMER INSTRUCTIONS. RapidScale will only process the Customer Data to the
           extent, necessary for the Business Purposes and strictly in accordance with the
           Customer’s documented instructions and Applicable Privacy Laws. RapidScale will
           not process the Customer Data for any other purpose unless explicitly instructed by
           the Customer in compliance with Applicable Privacy Laws. If RapidScale determines
           that a Customer instruction conflicts with applicable law, it will promptly notify the
           Customer, unless prohibited by law. RapidScale will not be required to comply with
           any instruction that would cause it to violate applicable law but will work with the
           Customer in good faith to find a legally compliant solution.

           RapidScale must promptly comply with any Customer request or instruction
           requiring RapidScale to amend, transfer, delete the Customer Data, or stop, mitigate,
           or remedy any unauthorized processing. Except as directed by the Customer,
           RapidScale will not retain, use, or disclose Personal Data from Customer for any
           commercial purpose other than (a) for the limited and specific purposes of providing
           the Services under the Agreement; (b) using the Personal Data for the operational
           purposes permitted by Applicable Privacy Law; such as security, fraud prevention,
           and debugging; and (c) for complying with legal obligations, including regulatory
           requirements or law enforcement requests . Except as instructed by Customer or as
           otherwise permitted under the Agreement, RapidScale will not retain, use, or
           disclose Personal Data outside of its direct business relationship with Customer or
           “sell” or “share” (as defined by Applicable Privacy Law) the Personal Data. Except as
           permitted by Applicable Privacy Law or this DPA, RapidScale agrees not to combine
           Personal Data with other Personal Data that RapidScale receives from another entity
           or that RapidScale collects itself; provided that this does not restrict RapidScale
           from combining data as authorized by Customer or processing Personal Data in the
           same system(s) that process Personal Data on behalf of itself or others.

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        3. CONFIDENTIALITY OF CUSTOMER DATA. RapidScale will maintain the
           confidentiality of all Personal Data and will not disclose Customer Data to third
           parties unless (a) the Customer or this DPA expressly authorizes the disclosure; or (b)
           as required to engage sub-processors under a written contract imposing equivalent
           data protection obligations or as required by Applicable Privacy Law; or (c) as
           required by law. If RapidScale is legally required to process or disclose Customer
           Data to a third party, it will notify the Customer before complying with the request,
           unless legally prohibited from doing so. If permitted, RapidScale will provide the
           Customer with an opportunity to object or challenge the disclosure

        4. RAPIDSCALE PERSONNEL. RapidScale restricts its personnel from processing
           Customer Data without authorization by RapidScale as described in the Security
           Standards. RapidScale imposes appropriate obligations upon its personnel,
           including relevant obligations regarding confidentiality, data protection and data
           security. RapidScale will ensure that all its personnel who have access to or are
           involved in processing Personal Data:

               a. are informed of the Personal Data’s confidential nature and use restrictions
                  and are obliged to keep the Personal Data confidential;

               b. have undertaken training on the privacy and data protection requirements
                  relating to handling Personal Data and how it applies to their particular duties;
                  and

               c. are aware both of RapidScale’s duties and their personal duties and
                  obligations under the Privacy and Data Protection Requirements and
                  this Agreement.

        5. SECURITY OF PROCESSING

               a. TOMs. RapidScale must at all times implement appropriate technical and
                  organizational measures designed to safeguard Personal Data against
                  unauthorized or unlawful processing, access, copying, modification, storage,
                  reproduction, display, or distribution, and against accidental loss,
                  unavailability, destruction, or damage including, but not limited to, the
                  security measures set out in Annex 1.

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             b. Customer Security Controls. Customer can elect to implement technical and
                organizational measures to protect Customer Data. RapidScale makes
                available Service Controls that Customer can elect to use. Customer is
                responsible for (a) properly configuring the Services, (b) using the Service
                Controls to allow Customer to restore the availability and access to Customer
                Data in a timely manner in the event of a physical or technical incident, and
                (c) taking such steps as Customer considers adequate to maintain
                appropriate security, protection, and deletion of Customer Data, which
                includes use of encryption technology to protect Customer Data from
                unauthorized access and measures to control access rights to Customer
                Data.

        6. SUBPROCESSING.

             a. Authorized Subprocessors. Customer provides general authorization to
                RapidScale’s use of subprocessors to provide processing activities on
                Customer Data on behalf of Customer (“Subprocessor”) in accordance
                provided that RapidScale may only authorize a third party (subcontractor) to
                process the Personal Data if:

                  i.    to the extent required by Applicable Privacy Laws, the Customer is
                        provided with an opportunity to object within 30 days after RapidScale
                        supplies the Customer with full details regarding such subprocessor;

                  ii.   RapidScale enters into a written contract with the subprocessor that
                        contains terms substantially the same as those set out in this DPA and,
                        upon the Customer’s written request, provides the Customer with
                        copies of such contracts; and

                 iii.   RapidScale maintains control over all Customer Data it entrusts to the
                        subprocessor.

             b. Where the subprocessor fails to fulfil its obligations under the written
                agreement described in clause 6 (a) ii, RapidScale remains fully liable to the
                Customer for the subprocessor ‘s performance of its agreement obligations.
                The parties consider RapidScale to control any Personal Data controlled by or
                in the possession of its subprocessor.

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             c. Upon the Customer’s written request, and subject to reasonable
                confidentiality and security requirements, RapidScale will provide the
                Customer with relevant documentation or certifications demonstrating a sub-
                processor’s compliance with its obligations regarding Customer Data. If such
                documentation is insufficient to verify compliance, the Customer may
                request an audit of the sub-processor, which shall be conducted by
                RapidScale or an independent third-party auditor engaged by RapidScale,
                with the results made available to the Customer upon request. RapidScale
                shall ensure that its sub-processors provide reasonable cooperation in such
                audits.

        7. DATA SUBJECT REQUESTS AND COMPLAINTS.

             a. RapidScale must promptly notify the Customer if it receives any complaint,
                notice, or communication that relates directly or indirectly to
                the processing of the Customer Data or to either party’s compliance with
                Applicable Privacy Law application to the subject matter of the Agreement.

             b. RapidScale must notify the Customer within 5 working days if it receives a
                request from an individual for access to their Personal Data or similar request
                to exercise one of the Data Subject’s personal data rights.

             c. Taking into account the nature of the processing, the availability of the Service
                Controls to Customer are the technical and organizational measures by which
                RapidScale will provide reasonable assistance to the Customer in fulfilling the
                Customer’s obligations to respond to data subjects’ requests, complaints, or
                regulatory inquiries in accordance with Applicable Privacy Laws.

        8. SECURITY INCIDENTS.

             a. Security Incident. RapidScale will notify Customer of a Security Incident
                involving Personal Data without undue delay but no later than required by
                Applicable Privacy Law. The notification will include, to the extent known at
                the time, a description of the nature of the Security Incident, and any initial
                mitigation measures taken or proposed. RapidScale will provide further
                updates as additional information becomes available. RapidScale will take
                appropriate measures to address the Security Incident, including measures to
                mitigate any adverse effects resulting from the Security Incident.

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             b. RapidScale Assistance. RapidScale will reasonably cooperate with the
                Customer to assist in its compliance with Applicable Privacy Laws, including
                any obligations to notify supervisory authorities, regulators, or affected data
                subjects. RapidScale will provide relevant information in a phased manner as
                it becomes available, taking into account the nature of the processing, the
                information available to RapidScale. However, the Customer, as the
                controller, is responsible for assessing whether the Security Incident requires
                regulatory or data subject notification and determining the appropriate
                actions. Taking into account the nature of the processing, Customer agrees
                that it is best able to determine the likely consequences of a Security Incident
                and the identity of any impacted data subject.

             c. Unsuccessful Attempts. The Customer acknowledges that not all security
                events constitute a Security Incident requiring notification. RapidScale will
                assess security events in good faith and notify the Customer without undue
                delay if an event involves unauthorized access, disclosure, loss, alteration, or
                destruction of Personal Data. RapidScale’s obligation to report or respond to a
                Security Incident under this Section does not constitute an admission of fault
                or liability regarding the Security Incident.

             d. Communication. Notification(s) of Security Incidents, if any, will be delivered
                to one or more of the email addresses listed in a Service Order.

             e. Notification Obligations. If RapidScale notifies Customer of a Security
                Incident, or Customer otherwise becomes aware of any accidental or
                unlawful destruction, loss, alteration, unauthorized disclosure of, or access
                to, Customer Data, Customer will be responsible for (a) determining if there is
                any resulting notification or other obligation under Applicable Privacy Law and
                (b) taking necessary action to comply with those obligations. This does not
                limit RapidScale’s obligations under this Section 8.

        9. CUSTOMER AUDITS.

             a. To the extent required under Applicable Privacy Law, RapidScale will permit
                the Customer and its authorized third-party representatives to audit
                RapidScale’s compliance with its DPA obligations upon at least 10 days’
                notice, during the term and for three years after this DPA terminates.
                RapidScale will provide reasonable cooperation and assistance for such

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                 audits. The notice requirement shall not apply where the Customer
                 reasonably believes that a Security Breach has occurred or is occurring, or if
                 RapidScale is in material breach of its obligations under this DPA or any
                 Applicable Privacy Law.

             b. To the extent permitted under Applicable Privacy Law, RapidScale may satisfy
                any audit or inspection request by providing a copy of its Due Diligence
                Package

        10. TRANSFERS OF PERSONAL DATA.

             a. Location. Once Customer has made its choice, RapidScale will not transfer
                Customer Data from Customer’s selected location(s) except as necessary to
                provide the Services initiated by Customer, or as necessary to comply with the
                law or valid and binding order of a governmental body.

             b. If the Applicable Privacy Law restrict cross-border Personal Data transfers,
                the Customer will only transfer that Personal Data to RapidScale under the
                following conditions:

                    1. RapidScale, either through its location or participation in a valid cross-
                       border transfer mechanism under Applicable Privacy Law (such as
                       SCCs, Binding Corporate Rules, an adequacy decision under GDPR or
                       the UK GDPR, or an equivalent framework under applicable law), is
                       legally permitted to receive that Personal Data. RapidScale must
                       identify in Section 1 c(vii) the lawful transfer mechanism(s) that
                       enables it to receive such Personal Data and must promptly inform the
                       Customer of any changes that affect compliance.

                    2. RapidScale must inform the Customer if its ability to lawfully receive
                       Customer Data under the identified transfer mechanism is invalidated
                       or materially impacted.

             c. The Customer has ensured that the transfer is otherwise legally permissible
                under the Applicable Privacy Law.

             d. Standard Contractual Clauses. SCCs will only apply to a Data Transfer. When
                Customer is acting as a Controller, the Controller-to-Processor SCCs will
                apply to a Data Transfer. Processor-to-Processor SCCs s shall apply where the

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                 Customer is acting as a processor on behalf of a third-party controller, and
                 RapidScale is acting as a sub-processor.

                 Taking into account the nature of the processing, Customer agrees that it is
                 unlikely that RapidScale will know the identity of Customer’s controllers
                 because RapidScale has no direct relationship with Customer’s controllers
                 and therefore, Customer will fulfil RapidScale’s obligations to Customer’s
                 controllers under the Processor-to-Processor Clauses.

                 The parties agree that, with respect to the elements of the SCCs that require
                 the parties’ input: (a) the content of this DPA prepopulates the relevant
                 sections of Annex I and Annex II of the SCCs; (b) Option 2 of Clause 9 (general
                 authorization of sub-processors) of the SCCs shall apply in relation to
                 Customer’s authorization of the use of Subprocessors and RapidScale shall
                 notify Customer in writing of any intended changes to that list through the
                 addition or replacement of Subprocessors at least 30 days in advance and in
                 accordance with Section 6(a) of this DPA; (c) notwithstanding any clause to
                 the contrary in the Agreement, the parties agree that any dispute arising from
                 the SCCs shall be resolved by the courts located in Germany in accordance
                 with Clause 18 of the SCCs; (d) the parties agree that both the Docking
                 Clause 7 in the SCCs and the optional wording in Clause 11 of the SCCs
                 relating to an independent dispute resolution body shall not be included; and
                 (e) Customer may exercise its right of audit under clause 8.9 of the SCCs as
                 set out in, and subject to the requirements of, Section 9 of this DPA.

             e. Supplementary Measures & Transfer Impact Assessments: Where required
                under Applicable Privacy Laws, both parties agree to conduct and document
                a Transfer Impact Assessment (TIA) or Transfer Risk Assessment (TRA), as
                appropriate, before executing any Data Transfer under the SCCs. If the
                assessment indicates that the Third Country does not provide an essentially
                equivalent level of protection, Customer shall implement appropriate
                supplementary measures.

             f. Legal Invalidity & Alternative Mechanisms: If at any time the SCCs are
                invalidated, deemed insufficient, or require amendment due to changes in
                law (e.g., regulatory guidance, court rulings such as Schrems II), the parties
                agree to work together in good faith to establish an alternative lawful data
                transfer mechanism consistent with Applicable Privacy Law requirements.

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               g. RapidScale will not transfer any Customer Data to another country unless the
                  transfer complies with the Applicable Privacy Law.

        11. TERMINATION. This DPA will continue in force for so long as: the Agreement remains
            in effect; RapidScale retains any Customer Data related to the Agreement in its
            possession or control including backups and archived copies; or any provision of this
            DPA that expressly or by implication should come into or continue in force on or after
            termination of the Agreement in order to protect Personal Data will remain in full
            force and effect.

           If a change in any Applicable Privacy Law or either party’s circumstances prevent a
           party from fulfilling its data processing obligations under this DPA or the Agreement,
           the parties shall promptly suspend the processing of Customer Data until
           compliance with the applicable requirements is achieved. Both parties agree to
           make reasonable, good-faith efforts to modify or supplement the Agreement to
           ensure compliance, including implementing supplementary measures where
           required (e.g., SCCs, contractual updates, technical safeguards). If compliance
           cannot be achieved within 45 days, either party may terminate the Agreement by
           providing written notice to the other party.

        12. RETURN OR DELETION OF CUSTOMER DATA.

               a. At any time up to the date of termination, and for 90 days following, subject to
                  the terms and conditions of the Agreement, RapidScale will return or delete
                  Customer Data when Customer uses Service Controls to request such a
                  return or deletion. No later than the end of this 90-day period, Customer will
                  close all RapidScale accounts containing Customer Data. Customer
                  authorizes this retention following termination to allow Customer to transition
                  the Customer Data.

               b. At the Customer’s request, RapidScale will give the Customer a copy of, or
                  access to, the Customer Data in its possession or control

               c. On termination of the Agreement for any reason or expiry of its term,
                  RapidScale will securely destroy or, if directed in writing by the Customer,
                  return and not retain, the Customer Data related to this agreement in its
                  possession or control, except where required by applicable law, and, in such
                  cases, shall only retain one copy strictly for legal, regulatory, or audit
                  compliance purposes for a period not exceeding 12 months, unless a longer

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                  retention period is legally required. Any retained Customer Data shall remain
                  subject to confidentiality and security obligations as outlined in this DPA.

              d. If any law, regulation, government, or regulatory body requires RapidScale to
                 retain any documents or materials that RapidScale would otherwise be
                 required to return or destroy, it will notify the Customer in writing of that
                 retention requirement, giving details of the documents or materials that it
                 must retain, the legal basis for retention, and establishing a specific timeline
                 for destruction once the retention requirement ends.

              e. Customer will close all RapidScale accounts containing Customer Data.

        13. ENTIRE AGREEMENT.
            The EU Standard Contractual Clauses (EU SCCs) adopted by the European
            Commission are hereby incorporated reference and form an integral part of this DPA.
            The parties shall comply with the obligations set forth in the EU SCCs. For data
            transfers subject to the UK GDPR, the parties agree to apply the UK Addendum to the
            EU SCCs, as approved by the UK Information Commissioner’s Office (ICO) on 21
            March 2022. The UK Addendum is incorporated by reference, and the parties agree to
            comply with its terms.

           Except as amended by this DPA, the Agreement will remain in full force and effect. In
           the event of any conflict between the Agreement and this DPA, the terms of this DPA
           shall prevail. However, if there is any conflict between this DPA (including its
           annexes) and Standard Contractual Clauses (SCCs), the terms of the SCCs shall
           take precedence.

        14. GOVERNING LAW AND JURISDICTION.
            This DPA shall be governed by the laws applicable to the data protection regime
            governing the processing of Personal Data. Where processing is subject to the EU
            GDPR, the laws of the relevant EEA Member State shall apply. For processing under
            the UK GDPR, the laws of England and Wales shall govern. If other data protection
            laws apply, the governing law shall be that of the relevant jurisdiction.

           Where the EU SCCs or the UK Addendum apply, their governing law provisions shall
           prevail. This clause applies solely to this DPA and does not alter the governing law of
           the main Agreement, except as required by applicable law.

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        15. DEFINITIONS AND INTERPRETATION.
            All capitalized terms used in this DPA will have the meanings given to them below:

     “Agreement” means the RapidScale Terms and Conditions available at
     rapidscale.com/terms-and-conditions, as updated from time to time, or any other
     Agreement entered into between RapidScale and the Customer as a result of which
     Customer Data is processed.

     “Applicable Privacy Law” means all applicable laws and regulations relating to the
     processing, protection, or privacy of Personal Data, including where applicable, the
     guidance and codes of practice issued by regulatory bodies in any relevant jurisdiction. This
     includes, but is not limited to the GDPR, UK GDPR and applicable U.S. privacy law or
     regulation.

     “Business Purpose” means the services described in the Agreement or any other purpose
     specifically identified in this DPA.

     “Customer Data” means the Personal Data that is uploaded to the Services under
     Customer’s RapidScale accounts.

     “Data Transfer” means a transfer of the Customer Data that is subject to GDPR or UK GDPR
     and is transferred, either directly or via onward transfer, to any country that does not benefit
     from an adequacy decision under the Applicable Privacy Law.

     “GDPR” means Regulation 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 personal data, personal information, personally identifiable
     information or other equivalent term (each as defined in Applicable Privacy Law).

     “Processing, processes, and process” means any activity that involves the use of Personal
     Data, or as the Applicable Privacy Law may otherwise define the terms processing,
     processes, or process. It includes obtaining, recording, or holding the data, or carrying out
     any operation or set of operations on the data including organizing, amending, retrieving,
     using, disclosing, erasing, or destroying it. Processing also includes transferring Personal
     Data to third parties.

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     “Security Incident” means a breach of RapidScale’s security leading to the accidental or
     unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer
     Data.

     “Security Standards” means the security standards attached to this DPA as Annex 1.

     “Service Controls” means the controls, including security features and functionalities, that
     the Services provide, as described in the Service Documents.

     “Standard Contractual Clauses” or “SCCs” “means, collectively: (a) the EU Standard
     Contractual Clauses for the transfer of Personal Data from the European Economic Area
     (EEA) to third countries, as set out in the annex to the Commission Implementing Decision
     (EU) 2021/914 of 4 June 2021, pursuant to Regulation (EU) 2016/679 (GDPR); (b) the UK
     International Data Transfer Agreement (IDTA) or the UK Addendum to the EU SCCs, as
     approved by the UK Information Commissioner’s Office (ICO); and (c) any other applicable
     contractual clauses approved under data protection laws governing international transfers
     of Personal Data. As of the date of this Agreement, a reference to “Controller-to-Processor
     Clauses” means Module 2 (controller-to-processor), and “Processor-to-Processor Clauses”
     means Module 3 (processor-to-processor) of the EU SCCs.

     “Third Country” means a country outside the EEA not recognized by the European
     Commission as providing an adequate level of protection for personal data (as described in
     the GDPR).

     “UK GDPR” means the GDPR as applicable as part of UK domestic law by virtue of section 3
     of the EU (Withdrawal) Act 2018, as amended by the Data Protection, Privacy and Electronic
     Communications (EU Exit) Regulations 2019.

     Annex 1 Security Standards

     Capitalized terms not otherwise defined in this document have the meanings assigned to
     them in the Agreement. The following Technical and Organizational Security Measures apply
     to the following RapidScale Services:

     Generally, RapidScale does not require access to Customer Data to perform most of its
     Services. However, RapidScale offers certain Services that require access to Customer
     Data including, without limitation, customized service offerings, artificial intelligence
     services, machine learning services, database management/administration services, or

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     application modernization services (the “Limited Services”). Upon purchase of a Limited
     Service, Customer must disclose to RapidScale the nature of the data that will be accessed
     by such Limited Services.

     RapidScale employees have privileged level access to Customer Data where single sign-on,
     privileged accounts are used. RapidScale follows security practices and any applicable
     laws to implement the appropriate level of security and privacy controls. This will ensure an
     appropriate level of security taking into account the nature, scope, context, and purposes of
     processing and the risks for the rights and freedoms of natural persons, including
     maintaining the following safeguards to protect Customer Data:

     Organizational Safeguards

        •   Security Program. RapidScale has designated an information security team that
            identifies reasonably foreseeable internal and external risks, assesses the
            sufficiency of safeguards, and adjusts the security program based on business
            changes. RapidScale reviews risks and prioritizes security-related projects and
            initiatives.

        •   Security Policies. Information security policies are made available to relevant
            personnel and reviewed periodically.

        •   Hiring. RapidScale requires all workforce members to review and agree to its
            information security policies.

        •   Training. RapidScale trains workforce members that have access to Customer Data
            concerning appropriate privacy, security practices, secure coding practices and
            compliance with RapidScale’s data protection obligations. RapidScale also provides
            mandatory information security training upon hire and annually thereafter.

        •   Third-Party Assessments. RapidScale conducts risk assessments for all vendors that
            process Customer Data.

        •   Industry Standards. RapidScale complies with the following industry standards: SOC
            1 Type 2, SOC 2 Type 2, PCI, ISO 27001, HIPAA, HITRUST, GDPR.

     Physical Safeguards

        •   Access Control: RapidScale’s colocations where Customer Data is hosted within a
            third-party facility have physical security systems that are monitored. These
            measures include: (i) key card access monitoring; (ii) video monitoring of all entrance

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            locations to the facilities; (iii) flood alert systems; (iv) temperature monitoring; and (v)
            management of user access. Unauthorized persons are prohibited from gaining
            access to premises, buildings, or rooms, where systems are located which Process
            Customer Data. RapidScale’s facilities that Process Customer Data are monitored
            via video surveillance. Networking and other required equipment are secured in
            areas restricted only to personnel that require access to provide the Service(s) to
            Customer.

        •   Termination of Access: RapidScale terminates access to its facilities when a
            workforce member is terminated by RapidScale. This process has been documented.

        •   Data Destruction: RapidScale complies with its written policies and procedures with
            respect to its retention of Customer Data. RapidScale has a process in place to
            delete data after a predetermined time for each data type. RapidScale securely
            destroys or returns Customer Data in accordance with its Data Processing
            Agreements and does not maintain data longer than is reasonably necessary for a
            legitimate business purpose (including providing Services for Customer). Equipment
            that contains Customer Data shall be erased prior to recycling so that the Customer
            Data cannot be read or reconstructed.

     Technical Safeguards

        •   Data Access Controls: RapidScale has policies and procedures in place designed to
            ensure that access to Customer Data by our workforce members is within their
            scope of duty and is appropriate based on job function.

        •   Segmentation: Each Customer has their own logical environment with separate
            controls and control enforcement in alignment with their own standards and
            controls.”

        •   Data Minimization: RapidScale only collects Customer Data where necessary for the
            operation of the Service(s).

        •   Privileged Access: RapidScale manages the issuance of privileged credentials
            including multifactor authentication. RapidScale monitors and manages the users
            and access to Customer Data. Credentials follow RapidScale’s privileged access
            management policy requirements. Credentials will not be hardcoded in any system,
            code, or configuration.

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        •   Anti-malware: RapidScale complies with its malicious code and anti-virus/malware
            detection standards, which sets forth procedures for implementing malicious code
            protection on specified systems. Controls are developed, implemented, monitored,
            and maintained to ensure appropriate notification of malware events and review of
            malware controls, to prevent compromise of confidentiality, availability, and integrity
            of the Services.

        •   Security Patches: RapidScale implements standards related to system updates and
            deployment of security patches on a regular basis. Updates rated as critical shall be
            evaluated for impact and deployed on an accelerated timeline.

        •   System Security: RapidScale’s individually assigned computers are configured to
            automatically lock after a period of inactivity. Business systems that are deemed
            critical by RapidScale are backed up and encrypted. Remote access to Customer
            environments is through encrypted secure communications.

        •   Incident Response: RapidScale complies with its incident management process; a
            written procedure for responding to Personal Data Breach (including notifying
            impacted Customers). Following the occurrence of any Personal Data Breach, the
            team will perform a root cause analysis and create a remediation plan designed to
            prevent similar incidents from occurring in the future. RapidScale’s security incident
            management procedure is reviewed at least annually.

        •   Vulnerability Management and Penetration Testing: Vulnerability scans are
            conducted on a regular basis against RapidScale’s internal and external systems.
            Vulnerabilities are regularly reviewed and prioritized for remediation based on
            severity and assigned a remediation timeline. RapidScale conducts at least annual
            pen tests on all publicly exposed systems and platform tools that are leveraged to
            provide services to RapidScale clients.

        •   Product and Platform Testing: Testing is required for any changes prior to production
            deployment.

        •   Encryption: RapidScale utilizes commercially available and industry standard
            encryption technologies for Customer Data at rest and in motion.

        •   Resilience and Business Continuity: RapidScale supports the alignment of business
            continuity and disaster recovery program with industry standards including recovery
            of time objectives and business continuity plans and implements and maintains its

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           disaster recovery process; a written policy that defines procedures for disaster
           recovery (including procedures for backup and recovery for in scope systems).
           RapidScale supports redundancy of information processing facilities for disaster
           recovery purposes. RapidScale reviews and validates all established and
           implemented disaster recovery processes at least annually.

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