Data Processing Agreement

Peanuts SaaS Studio

R.C.S. Lille Métropole N° 922 509 799

3 ruelle des carmélites - 59160 Capinghem, France

This Addendum regulates the rights and obligations of the Customer and Findymail (hereinafter collectively the "Parties") in the context of the processing of personal data on behalf of the Customer, and supplements the Master Subscription Agreement, Terms and Conditions or other agreement (the "Agreement") entered into by the Customer and Findymail.

This Addendum applies to all activities in which employees of Findymail or any Subprocessor (defined below) commissioned by Findymail process personal data of the Customer on its behalf. By executing this Addendum, the Customer enters into this Addendum on its own behalf and, to the extent required under applicable Data Protection Laws (defined below), in the name and on behalf of its Affiliates (defined below).

This Addendum incorporates the terms of the Agreement, and any terms not defined in this Addendum shall have the meaning set forth in the Agreement. Insofar as notifications are to be made "in writing", Art. 1126 of the French Civil Code (C. Civ.) shall apply.

1. Definitions

• "Affiliate" means (i) an entity of which a party directly or indirectly owns fifty percent (50%) or more of the stock or other equity interest, (ii) an entity that owns at least fifty percent (50%) or more of the stock or other equity interest of a party, or (iii) an entity which is under common control with a party by having at least fifty percent (50%) or more of the stock or other equity interest of such entity and a party owned by the same person, but such entity shall only be deemed to be an Affiliate so long as such ownership exists.
• "Authorized Sub-Processor" means a third-party who has a need to know or otherwise access the Customer's Personal Data to enable Findymail to perform its obligations under this Addendum or the Addendum, and who is either (1) listed in Exhibit A or (2) subsequently authorized under Section 9.2 of this Addendum.
• "Customer Account Data" means personal data that relates to the Customer's relationship with Findymail, including the names or contact information of individuals authorized by the Customer to access the Customer's account and billing information of individuals that the Customer has associated with its account. The Customer Account Data also includes any data Findymail may need to collect for the purpose of managing its relationship with the Customer, identity verification, or as otherwise required by applicable laws and regulations.
• "Customer Usage Data" means Service usage data collected and processed by Findymail in connection with the provision of the Services, including without limitation data used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Services, and to investigate and prevent system abuse.
• "Data Controller" means the legal person which, alone or jointly with others, determines the purposes and means of the processing of Personal Data under this Addendum.
• "Data Exporter" means the Customer.
• "Data Importer" means Findymail.
• "Data Processor" means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller under this Addendum.
• "Data Protection Laws" means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of Personal Data including: (i) the California Consumer Privacy Act ("CCPA"), (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) ("EU GDPR" or "GDPR"), (iii) the Swiss Federal Act on Data Protection, (iv) the EU GDPR as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the "UK GDPR"); (v) the UK Data Protection Act 2018; and (vi) the Privacy and Electronic Communications (EC Directive) Regulations 2003; in each case, as updated, amended or replaced from time to time. The terms "Data Subject", "Personal Data", "Personal Data Breach", "processing", "processor," "controller," and "supervisory authority" shall have the meanings set forth in the GDPR.
• "EU SCCs" means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time).
• "ex-EEA Transfer" means the transfer of Personal Data, which is processed in accordance with the GDPR, from the Data Exporter to the Data Importer (or its premises) outside the European Economic Area (the "EEA"), and such transfer is not governed by an adequacy decision made by the European Commission in accordance with the relevant provisions of the GDPR.
• "ex-UK Transfer" means the transfer of Personal Data, which is processed in accordance with the UK GDPR and the Data Protection Act 2018, from the Data Exporter to the Data Importer (or its premises) outside the United Kingdom (the "UK"), and such transfer is not governed by an adequacy decision made by the Secretary of State in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018.
• "Personal Data" (whether or not capitalized) means any information relating to an identified or identifiable living, natural person ("data subject") as set forth in applicable Data Protection Laws.
• "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means.
• "Services" shall have the meaning set forth in the Agreement.
• "Standard Contractual Clauses" means the EU SCCs and the UK SCCs.
• "Sub-processor" means any legal or natural person, including any agents and intermediaries, processing Personal Data on behalf of a Data Processor as set forth in Section 9 below.
• "UK SCCs" means the standard contractual clauses approved by the European Commission for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission, being either (i) controller-to-processor clauses as approved by the European Commission in Commission Decision 2010/87/EU, dated 5 February 2010 (as amended and updated from time to time) ("UK Controller-to-Processor SCCs"); or (ii) controller-to-controller clauses as approved by the European Commission in Commission Decision 2004/915/EC, dated 27 December 2004 (as amended and updated from time to time) ("UK Controller-to-Controller SCCs").

2. Nature and purpose of processing

Findymail will process the Customer's Personal Data as necessary to provide the Services under the Agreement, for the purposes specified in the Agreement and this Addendum, and in accordance with the Customer's instructions as set forth in this Addendum.

3. Duration

Findymail will process the Customer's Personal Data as long as required (i) to provide the Services to the Customer under the Agreement; (ii) for Findymail's legitimate business needs; or (iii) by applicable law or regulation. Customer Account Data and Customer Usage Data will be processed and stored as set forth in Findymail's privacy policy.

4. Categories of data subjects

The Customer's employees, consultants, contractors, agents and/or prospective customers.

5. Categories of personal data

Findymail processes Personal Data contained in Customer Account Data, Customer Usage Data, and any Personal Data provided by the Customer or collected by Findymail in order to provide the Services or as otherwise set forth in the Agreement or this Addendum.

Categories of Personal Data include name, email, job title, username, Findymail device identifiers (e.g. serial number), IP address for company device.

6. Sensitive data or special categories of data

The Customer is prohibited from providing sensitive personal data or special categories of data to Findymail, including any data which discloses the criminal history of any persons.

7. Processing of data

The parties acknowledge and agree that with regard to the processing of Personal Data, Customer may act either as a Data Controller or Data Processor and, except as expressly set forth in this Addendum or the Addendum, Findymail is a Data Processor.

The Customer shall, in its use of the Services, at all times process Personal Data, and provide instructions for the processing of Personal Data, in compliance with Data Protection Laws. Customer shall ensure that the processing of Personal Data in accordance with Customer's instructions will not cause Findymail to be in breach of the Data Protection Laws.

The Customer is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to Findymail by or on behalf of Customer, (ii) the means by which Customer acquired any such Personal Data, and (iii) the instructions it provides to Findymail regarding the processing of such Personal Data.

Findymail shall not process Personal Data (i) for purposes other than those set forth in the Addendum and/or Exhibit A, (ii) in a manner inconsistent with the terms and conditions set forth in this Addendum or any other documented instructions provided by Customer, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Supervisory Authority to which Findymail is subject; in such a case, Findymail shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest, or (iii) in violation of Data Protection Laws. Customer hereby instructs Findymail to process Personal Data in accordance with the foregoing and as part of any processing initiated by Customer in its use of the Services. These instructions shall always be documented.

Following completion of the Services, at Customer's choice, Findymail shall return or delete Customer's Personal Data, unless further storage of such Personal Data is required or authorized by applicable law. If return or destruction is impracticable or prohibited by law, rule or regulation, Findymail shall take measures to block such Personal Data from any further processing (except to the extent necessary for its continued hosting or processing required by law, rule or regulation) and shall continue to appropriately protect the Personal Data remaining in its possession, custody, or control.

If Customer and Findymail have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the certification of deletion of Personal Data that is described in Clause 12(1) of the UK SCCs and Clause 8.1(d) and Clause 8.5 of the EU SCCs (as applicable) shall be provided by Findymail to Customer only upon Customer's request.

Except with respect to Customer Account Data and Customer Usage Data, the parties acknowledge and agree that Findymail is a service provider for the purposes of the CCPA (to the extent it applies) and is receiving personal information from Customer in order to provide the Services pursuant to the Addendum, which constitutes a business purpose. Findymail shall not sell any such personal information. Findymail shall not retain, use or disclose any personal information provided by Customer pursuant to the Addendum except as necessary for the specific purpose of performing the Services for Customer pursuant to the Addendum, or otherwise as set forth in the Addendum or as permitted by the CCPA. The terms "personal information," "service provider," "sale," and "sell" are as defined in Section 1798.140 of the CCPA. Findymail certifies that it understands the restrictions of this Section.

8. Confidentiality

Findymail shall ensure that any person it authorizes to process Personal Data has agreed to protect Personal Data in accordance with Findymail's confidentiality obligations in the Agreement. Customer agrees that Findymail may disclose Personal Data to its advisers, auditors or other third parties as reasonably required in connection with the performance of its obligations under this Addendum, the Agreement, or the provision of Services to Customer.

9. Authorized sub-processors

The Customer acknowledges and agrees that Findymail may (i) engage its affiliates and the Authorized Sub-Processors on the List (defined below) to access and process Personal Data in connection with the Services, and (ii) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the processing of Personal Data. By way of this Addendum, Customer provides general written authorization to Findymail to engage sub-processors as necessary to perform the Services.

A list of Findymail's current Authorized Sub-Processors (the "List") will be made available to Customer (Exhibit C). Such List may be updated by Findymail from time to time. Customer acknowledges that certain sub-processors are essential to providing the Services and that objecting to the use of a sub-processor may prevent Findymail from offering the Services to Customer.

If Customer reasonably objects to an engagement of a sub-processor and Findymail cannot provide a commercially reasonable alternative within a reasonable period of time, Customer may discontinue the use of the affected Service by providing written notice to Findymail. Discontinuation shall not relieve Customer of any fees owed to Findymail under the Addendum.

If Customer does not object to the engagement of a third party in accordance with Section 9.2 within ten (10) days of change by Findymail, that third party will be deemed an Authorized Sub-Processor for the purposes of this Addendum.

Findymail will enter into a written agreement with each Authorized Sub-Processor imposing on the Authorized Sub-Processor data protection obligations at least as protective of Customer's rights in Personal Data as those imposed on Findymail under this Addendum. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such written Addendum with Findymail, Findymail will remain liable to Customer for the performance of the Authorized Sub-Processor's obligations under such Addendum.

If Customer and Findymail have entered into Standard Contractual Clauses as described in Section 11 (Transfers of Personal Data), (i) the above authorizations will constitute Customer's prior written consent to the subcontracting by Findymail of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the parties agree that the copies of the Addendums with Authorized Sub-Processors that must be provided by Findymail to Customer pursuant to Clause 5(j) of the UK SCCs or Clause 9(c) of the EU SCCs may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by Findymail beforehand, and that such copies will be provided by Findymail only upon request by Customer.

10. Security of personal data

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, Findymail shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing Personal Data.

This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to the data (personal data breach).

In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects. Exhibit B sets forth additional information about Findymail's technical and organizational security measures.

11. Transfers of personal data

The parties agree that Findymail may transfer Personal Data processed under this Addendum outside the EEA, the UK, or Switzerland as necessary to provide the Services.

If Findymail transfers Personal Data protected under this Addendum to a jurisdiction for which the European Commission has not issued an adequacy decision, Findymail will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws.

Ex-EEA transfers

The parties agree that ex-EEA Transfers are made pursuant to the EU SCCs, which are deemed entered into (and incorporated into this Addendum by this reference) and completed as follows:

• Module One (Controller to Controller) of the EU SCCs apply when Findymail is processing Personal Data as a controller pursuant to Section 14 of this Addendum.
• Module Two (Controller to Processor) of the EU SCCs apply when Customer is a controller and Findymail is processing Personal Data for Customer as a processor pursuant to Section 2 of this Addendum.
• Module Three (Processor to Sub-Processor) of the EU SCCs apply when Customer is a processor and Findymail is processing Personal Data on behalf of Customer as a sub-processor.

For each module, where applicable the following applies:

• The optional docking clause in Clause 7 does not apply.
• In Clause 9, Option 2 (general written authorization) applies, and the minimum time period for prior notice of sub-processor changes shall be as set forth in Section 9.2 of this Addendum;
• In Clause 11, the optional language does not apply;
• All square brackets in Clause 13 are hereby removed. The applicable provisions shall be the one corresponding to the situation of the data exporter described in square brackets;
• In Clause 17 (Option 1), the EU SCCs will be governed by French law;
• In Clause 18(b), disputes will be resolved before the courts of France;
• Exhibit A to this Addendum contains the information required in Annex I of the EU SCCs;
• Exhibit B to this Addendum contains the information required in Annex II of the EU SCCs; and
• By entering into this Addendum, the parties are deemed to have signed the EU SCCs incorporated herein, including their Annexes.

Ex-UK transfers

The parties agree that ex-UK Transfers are made pursuant to the UK SCCs, which are deemed entered into and incorporated into this Addendum by reference, and completed as follows:

References to the GDPR will be deemed to be references to the UK GDPR and the UK Data Protection Act 2018, references to "supervisory authorities" will be deemed to be references to the UK Information Commissioner, and references to "Member State(s)" or the EU will be deemed to be references to the UK.

UK Controller-to-Processor SCCs

The UK Controller-to-Processor SCCs apply when Findymail processes Customer's Personal Data as a processor.

• The illustrative indemnification clause does not apply.
• In Clause 4(f) the language "adequate protection within the meaning of Directive 95/46/EC" is deleted and replaced with "a level of data protection that is considered adequate under, or equivalent to, the applicable data protection law."
• Clause 9, Governing Law, shall read "The Clauses shall be governed by the law of the Member State in which the data exporter is established, but without prejudice to the rights and freedoms that data subjects may enjoy under their national data protection laws."
• In Clause 11(3), the language ", namely…" at the end of the sentence is hereby deleted.
• Exhibit A of this Addendum serves as Appendix I of the UK Controller-to-Processor SCCs. Exhibit B of this Addendum serves as Appendix II of the UK Controller-to-Processor SCCs.

UK Controller-to-Controller SCCs

The UK Controller-to-Controller SCCs apply when Findymail processes Customer's Personal Data as a controller pursuant to Section 14 of this Addendum.

• Clause II(h) of the UK Controller-to-Controller SCCs shall be deemed to state that Findymail will process Personal Data in accordance with the data processing principles set forth in Annex A of the UK Controller-to-Controller SCCs.
• The illustrative commercial clause does not apply.
• Clause IV (Governing Law) shall read "The Clauses shall be governed by the law of the Member State in which the data exporter is established, but without prejudice to the rights and freedoms that data subjects may enjoy under their national data protection laws." Exhibit A of this Addendum serves as Annex A of the UK Controller-to-Controller SCCs.

The parties acknowledge and agree that if any of the UK SCCs are replaced or superseded by new standard contractual clauses issued and approved pursuant to Article 46 of the UK GDPR and related provisions of the UK Data Protection Act 2018 ("New UK SCCs"), the Data Importer may give notice to the Data Exporter and, with effect from the date set forth in such notice, the application of the UK SCCs set forth in this Addendum shall be amended so that the UK SCCs cease to apply to ex-UK Transfers, and the New UK SCCs specified in such notice shall apply going forward. To the extent that the use of the New UK SCCs require the parties to complete additional information, the parties shall reasonably and promptly work together to complete such additional information.

Transfers from Switzerland

The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:

• The terms "General Data Protection Regulation" or "Regulation (EU) 2016/679" as utilized in the EU SCCs shall be interpreted to include the Federal Act on Data Protection of 19 June 1992 (the "FADP," and as revised as of 25 September 2020, the "Revised FADP") with respect to data transfers subject to the FADP.
• The terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP.
• Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner ("FDPIC") of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Clause 13 shall be observed.
• The term "EU Member State" as utilized in the EU SCCs shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from exercising their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.

Supplementary measures

In respect of any ex-EEA Transfer or ex-UK Transfer, the following supplementary measures shall apply:

As of the date of this Addendum, the Data Importer has not received any formal legal requests from any government intelligence or security service/agencies in the country to which the Personal Data is being exported, for access to (or for copies of) Customer's Personal Data ("Government Agency Requests").

If, after the date of this Addendum, the Data Importer receives any Government Agency Requests, Findymail shall attempt to redirect the law enforcement or government agency to request that data directly from the Customer. As part of this effort, Findymail may provide Customer's basic contact information to the government agency. If compelled to disclose Customer's Personal Data to a law enforcement or government agency, Findymail shall give Customer reasonable notice of the demand and cooperate to allow Customer to seek a protective order or other appropriate remedy unless Findymail is legally prohibited from doing so. Findymail shall not voluntarily disclose Personal Data to any law enforcement or government agency. Data Exporter and Data Importer shall (as soon as reasonably practicable) discuss and determine whether all or any transfers of Personal Data pursuant to this Addendum should be suspended in the light of such Government Agency Requests.

The Data Exporter and Data Importer will meet as needed to consider whether:

• the protection afforded by the laws of the country of the Data Importer to data subjects whose Personal Data is being transferred is sufficient to provide broadly equivalent protection to that afforded in the EEA or the UK, whichever the case may be;
• additional measures are reasonably necessary to enable the transfer to be compliant with the Data Protection Laws; and
• it is still appropriate for Personal Data to be transferred to the relevant Data Importer, taking into account all relevant information available to the parties, together with guidance provided by the supervisory authorities.

If Data Protection Laws require the Data Exporter to execute the Standard Contractual Clauses applicable to a particular transfer of Personal Data to a Data Importer as a separate Addendum, the Data Importer shall, on request of the Data Exporter, promptly execute such Standard Contractual Clauses incorporating such amendments as may reasonably be required by the Data Exporter to reflect the applicable appendices and annexes, the details of the transfer and the requirements of the relevant Data Protection Laws.

If either (i) any of the means of legitimizing transfers of Personal Data outside of the EEA or UK set forth in this Addendum cease to be valid or (ii) any supervisory authority requires transfers of Personal Data pursuant to those means to be suspended, then Data Importer may by notice to the Data Exporter, with effect from the date set out in such notice, amend or put in place alternative arrangements in respect of such transfers, as required by Data Protection Laws.

12. Rights of data subjects

Findymail shall, to the extent permitted by law, notify Customer upon receipt of a request by a Data Subject to exercise the Data Subject's right of: access, rectification, erasure, data portability, restriction or cessation of processing, withdrawal of consent to processing, and/or objection to being subject to processing that constitutes automated decision-making (such requests individually and collectively "Data Subject Request(s)").

If Findymail receives a Data Subject Request in relation to Customer's data, Findymail will advise the Data Subject to submit their request to Customer and Customer will be responsible for responding to such request, including, where necessary, by using the functionality of the Services.

Customer is solely responsible for ensuring that Data Subject Requests for erasure, restriction or cessation of processing, or withdrawal of consent to processing of any Personal Data are communicated to Findymail, and, if applicable, for ensuring that a record of consent to processing is maintained with respect to each Data Subject.

Findymail shall, at the request of the Customer, and taking into account the nature of the processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Customer in complying with Customer's obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Customer is itself unable to respond without Findymail's assistance and (ii) Findymail is able to do so in accordance with all applicable laws, rules, and regulations. The Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Findymail.

13. Actions and access requests; audits

Findymail shall, taking into account the nature of the processing and the information available to Findymail, provide Customer with reasonable cooperation and assistance where necessary for Customer to comply with its obligations under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance. The Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Findymail.

Findymail shall, taking into account the nature of the processing and the information available to Findymail, provide Customer with reasonable cooperation and assistance with respect to Customer's cooperation and/or prior consultation with any Supervisory Authority, where necessary and where required by the GDPR. The Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Findymail.

Findymail shall maintain records sufficient to demonstrate its compliance with its obligations under this Addendum, and retain such records for a period of five (5) years after the termination of the Addendum. The Customer shall, with reasonable notice to Findymail, have the right to review, audit and copy such records at Findymail's offices during regular business hours.

Upon Customer's written request at reasonable intervals, and subject to reasonable confidentiality controls, Findymail shall, either (i) make available for Customer's review copies of certifications or reports demonstrating Findymail's compliance with prevailing data security standards applicable to the processing of Customer's Personal Data, or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Data Protection Laws, allow Customer's independent third party representative to conduct an audit or inspection of Findymail's data security infrastructure and procedures that is sufficient to demonstrate Findymail's compliance with its obligations under Data Protection Laws, provided that (a) Customer provides reasonable prior written notice of any such request for an audit and such inspection shall not be unreasonably disruptive to Findymail's business; (b) such audit shall only be performed during business hours and occur no more than once per calendar year; and (c) such audit shall be restricted to data relevant to Customer. The Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Findymail for any time expended for on-site audits. If Customer and Findymail have entered into Standard Contractual Clauses as described in Section 9 (Transfers of Personal Data), the parties agree that the audits described in Clause 5(f) and Clause 12(2) of the UK SCCs and Clause 8.9 of the EU SCCs shall be carried out in accordance with this Section 13.4.

Findymail shall immediately notify Customer if an instruction, in Findymail's opinion, infringes the Data Protection Laws or Supervisory Authority. The parties shall make the information referred in Article 8, including the results of any audit, available to the Supervisory Authority on request.

In the event of a Personal Data Breach, Findymail shall, without undue delay and no later than 72 hours after having become aware of it, inform Customer of the Personal Data Breach and take such steps as Findymail in its sole discretion deems necessary and reasonable to remediate such violation (to the extent that remediation is within Findymail's reasonable control). In particular, the notification shall at least:

• Describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
• Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
• Describe the likely consequences of the personal data breach; describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

In the event of a Personal Data Breach, Findymail shall, taking into account the nature of the processing and the information available to Findymail, provide Customer with reasonable cooperation and assistance necessary for Customer to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data Subjects affected by such Personal Data Breach without undue delay.

The obligations described in Sections 13.5 and 13.6 shall not apply in the event that a Personal Data Breach results from the actions or omissions of Customer. Findymail's obligation to report or respond to a Personal Data Breach under Sections 8.5 and 8.6 will not be construed as an acknowledgement by Findymail of any fault or liability with respect to the Personal Data Breach.

14. Findymail's role as a controller

The parties acknowledge and agree that with respect to Customer Account Data and Customer Usage data, Findymail is an independent controller, not a joint controller with Customer. Findymail will process Customer Account Data and Customer Usage Data as a controller (i) to manage the relationship with Customer; (ii) to carry out Findymail's core business operations, such as accounting, audits, tax preparation and filing and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of the Services, and to prevent harm to Customer; (iv) for identity verification purposes; (v) to comply with legal or regulatory obligations applicable to the processing and retention of Personal Data to which Findymail is subject; and (vi) as otherwise permitted under Data Protection Laws and in accordance with this Addendum and the Addendum.

Findymail may also process Customer Usage Data as a controller to provide, optimize, and maintain the Services, to the extent permitted by Data Protection Laws. Any processing by Findymail as a controller shall be in accordance with Findymail's privacy policy set forth at https://findymail.com/privacy-policy.

15. Order of precedence

In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the applicable terms in the Standard Contractual Clauses; (2) the terms of this Addendum; (3) the Agreement; and (4) Findymail's privacy policy. Any claims brought in connection with this Addendum will be subject to the terms and conditions, including, but not limited to, the exclusions and limitations set forth in the Agreement.

16. Non-compliance with the Addendum and termination

Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that Findymail is in breach of its obligations under the present Addendum, Customer may instruct Findymail to suspend the processing of personal data until the latter complies with this Addendum or the contract is terminated. Findymail shall promptly inform Customer in case it is unable to comply with this Addendum, for whatever reason.

Customer shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with this Addendum if: (1) the processing of personal data by Findymail has been suspended by the Customer pursuant to point (a) and if compliance with this Addendum is not restored within a reasonable time and in any event within one month following suspension; (2) Findymail is in substantial or persistent breach of this Addendum or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; (3) Findymail fails to comply with a binding decision of a competent court or the competent Supervisory Authority/ies regarding its obligations pursuant to this Addendum or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

Findymail shall be entitled to terminate the contract insofar as it concerns processing of personal data under this Addendum where, after having informed Customer that its instructions infringe applicable legal requirements, Customer insists on compliance with the instructions.

Following termination of the contract, Findymail shall, at the choice of Customer, delete all personal data processed on behalf of Customer and certify to Customer that it has done so, or return all the personal data to Customer and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, Findymail shall continue to ensure compliance with this Addendum.

Exhibit A

The following includes the information required by Annex I and Annex III of the EU SCCs, and Appendix 1 of the UK SCCs.

1. The parties

Data exporter(s)

• Name: The party to the Terms of Service with Peanuts SaaS Studio or its Affiliate (as applicable).
• Address: The Data Exporter's address.
• Contact person's name, position and contact details: The name, position and contact details provided by the Data Exporter.
• Activities relevant to the data transferred under these Clauses: As described in Section 2 of the Addendum.
• Signature and date: By using the Services to transfer Personal Data to the Data Importer, the Data Exporter will be deemed to have signed this Exhibit B.
• Role (controller/processor): Controller

Data importer(s)

• Name: Peanuts SaaS Studio
• Address: 3 ruelle des carmélites, 59160 Capinghem, FRANCE
• Email: [email protected]
• Activities relevant to the data transferred under these Clauses: As described in Section 2 of the Addendum.
• Signature and date: The data importer will be deemed to have signed this Exhibit B on the transfer of Personal Data by the Data Exporter in connection with the Services.
• Role (controller/processor): Processor

2. Description of the transfer

3. Competent supervisory authority

The supervisory authority shall be the supervisory authority of the Data Exporter, as determined in accordance with Clause 13.

Exhibit B

Description of the technical and organisational security measures implemented by the Data Importer

The following includes the information required by Annex II of the EU SCCs and Appendix 2 of the UK SCCs.

Exhibit D

Sub-processors

Findymail engages with third-party entities to perform limited activities in connection with the Services rendered pursuant to the Agreement and described in this Addendum.

When Peanuts SaaS Studio engages third-party service providers in our capacity as a data processor for Customers' Personal Data, the General Data Protection Regulation ("GDPR") calls these providers sub-processors.