Common use of End User Data Clause in Contracts

End User Data. 4.1 The End User shall own all right, title and interest in and to all of the End User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the End User Data. 4.2 If Sendmarc processes any personal data on the End User's behalf when performing its obligations under the Agreement, the parties record their intention that the End User shall be the responsible party/data controller and Sendmarc shall be a data operator/ processor and in any such case: the End User specifically acknowledges and agrees that where necessary the personal data will be hosted on Microsoft Azure and transferred or stored outside the country where the End User and the Authorised Users are located in order to carry out the Services and Sendmarc's other obligations under the Agreement; the End User shall ensure that the End User is entitled to transfer the relevant personal data to Sendmarc so that Sendmarc may lawfully use, process and transfer the personal data in accordance with the Agreement on the End User's behalf; the End User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.3 The End User acknowledges that and consents to Sendmarc collecting and using anonymised aggregate data relating to its End Users’ use of the Services.

End User Data. 4.1 The End User shall own all right, title and interest interests in and to all of the End User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the End User Data. 4.2 If Sendmarc processes any personal data on the End User's behalf when performing its obligations under the Agreement, the parties record their intention that the End User shall be the responsible party/data controller and Sendmarc shall be a data operator/ processor and in any such case: : a. the End User specifically acknowledges and agrees that where necessary the personal data will be hosted on Microsoft Azure and transferred or stored outside the country where the End User and the Authorised Users are located in order to carry out the Services and Sendmarc's other obligations under the Agreement; ; b. the End User shall ensure that the End User is entitled to transfer the relevant personal data to Sendmarc so that Sendmarc may lawfully use, process and transfer the personal data in accordance with the Agreement on the End User's behalf; ; c. the End User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and and d. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.3 The End User acknowledges that and consents to Sendmarc collecting and using anonymised aggregate data relating to its End Users’ ' use of the Services.

End User Data. 4.1 The End User shall own all right, title and interest interests in and to all of the End User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the End User Data. 4.2 If Sendmarc processes any personal data on the End User's behalf when performing its obligations under the Agreement, the parties record their intention that the End User shall be the responsible party/data controller and Sendmarc shall be a data operator/ processor and in any such case: the End User specifically acknowledges and agrees that where necessary the personal data will be hosted on Microsoft Azure and transferred or stored outside the country where the End User and the Authorised Users are located in order to carry out the Services and Sendmarc's other obligations under the Agreement; the End User shall ensure that the End User is entitled to transfer the relevant personal data to Sendmarc so that Sendmarc may lawfully use, process and transfer the personal data in accordance with the Agreement on the End User's behalf; the End User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.3 The End User acknowledges that and consents to Sendmarc collecting and using anonymised aggregate data relating to its End Users’ ' use of the Services.