Common use of Processing of Customer Personal Data Clause in Contracts

Processing of Customer Personal Data. 3.1 The Customer is the Controller and Hevo and/or Hevo Affiliate are the Processor of Customer Personal Data. To the extent any Customer Identification Data is considered Personal Data, Hevo and/or Hevo Affiliate would be the Controller of such Customer Identification Data, and would Process such data in accordance with Hevo’s privacy policy, which is available at xxx.xxxxxxxx.xxx/xxxxxxx/xxxxxxxxx. 3.2 Each party will comply with its respective obligations under Applicable Laws with respect to processing of Customer Personal Data. 3.3 The Customer acknowledges that the Customer Personal Data may be Processed from a Hevo Affiliate, from time to time, subject to such Hevo Affiliate being bound by all of the obligations applicable to Hevo under this Addendum and Hevo being responsible for the Hevo Affiliate’s obligations under this Addendum. 3.4 The subject-matter of the data processing covered by this Addendum is the provision of the Services and the processing will be carried out for the duration of the Principal Agreement, except insofar as Hevo and/or Hevo Affiliate is required to process such data thereafter, in accordance with its obligations under Applicable Laws. Hevo shall have provided the Customer relevant details of any Hevo Affiliate which acts as a Processor under this Addendum. 3.5 Hevo and each relevant Hevo Affiliate shall: 3.5.1 comply with applicable Data Protection Laws in the Processing of Customer Personal Data; and 3.5.2 not Process Customer Personal Data other than on the Customer’s documented instructions, or as set out in the Principal Agreement or this Addendum or as otherwise notified by the Customer from time to time, unless Processing is required by Applicable Laws to which the Customer is subjected, in which case Hevo and/or Hevo Affiliate shall to the extent permitted by Applicable Laws inform the Customer of that legal requirement before the relevant Processing of that Customer Personal Data.

Processing of Customer Personal Data. 3.1 2.1 The Customer hereby acknowledges and agrees that TENSOR SOCIAL acts as a Processor for the purposes of Services Agreement, and any personal data Scraped and provided to Customer, and/or any third party on behalf of Customer, by TENSOR SOCIAL in connection with the Services Agreement is provided strictly for the Controller purposes of matching Influencers with businesses for the promotion and Hevo and/or Hevo Affiliate are the Processor potential future partnership (“Authorized Processing of Customer Personal Data. To ”), and that Customer acts as a sole and separate Controller with respect to such purposes. 2.2 Customer hereby represents and warrants that it, and/or any third party on its behalf, (i) shall Process the extent Customer Personal Data solely in compliance and as permitted under the Applicable Laws; and (ii) shall not Process the Customer Personal Data for any purpose other than for the Authorized Processing of Customer Identification Personal Data. 2.3 TENSOR SOCIAL is unaware of any additional uses of the Customer Personal Data except for the Authorized Processing and, in any event, Customer is considered responsible for the compliance with Applicable Laws as the Controller of Customer Personal Data, Hevo and/or Hevo Affiliate would be the Controller of such Customer Identification Data, and would Process such data in accordance with Hevo’s privacy policy, which whichever other way it is available at xxx.xxxxxxxx.xxx/xxxxxxx/xxxxxxxxxProcessed. 3.2 Each party will comply with its respective obligations under 2.4 This addendum shall apply only to the extent that the Applicable Laws with respect apply to the processing of Customer Personal Data. 3.3 The Customer acknowledges that the Customer Personal Data may be Processed from a Hevo Affiliate2.5 TENSOR SOCIAL shall not, from time to time, subject to such Hevo Affiliate being bound by all of the obligations applicable to Hevo under this Addendum and Hevo being responsible for the Hevo Affiliate’s obligations under this Addendum. 3.4 The subject-matter of the data processing covered by this Addendum is the provision of the Services and the processing will be carried out for the duration of the Principal Agreement, except insofar as Hevo and/or Hevo Affiliate is required to process such data thereafter, in accordance with its obligations under Applicable Laws. Hevo shall have provided the Customer relevant details of any Hevo Affiliate which acts when acting as a Processor under this Addendum. 3.5 Hevo and each relevant Hevo Affiliate shall: 3.5.1 comply with applicable Data Protection Laws in the Processing of Customer Personal Data; and 3.5.2 not Customer, Process Customer Personal Data other than on the Customer’s documented instructions, or as set out in the Principal Agreement or this Addendum or as otherwise notified by the Customer from time to time, instructions unless Processing is required by Applicable Laws to which the Customer relevant Contracted Processor is subjectedsubject, in which case Hevo and/or Hevo Affiliate shall TENSOR SOCIAL shall, to the extent permitted by Applicable Laws and commercially practicable, inform the Customer of that legal requirement before the relevant Processing of that Customer Personal Data. 2.6 Annex 1 to this Addendum sets out certain information regarding the Contracted Processors' Processing of the Customer Personal Data as required by article 28(3) of the GDPR. Nothing in Annex 1 confers any right or imposes any obligation on any party to this Addendum.

Processing of Customer Personal Data. 3.1 The Customer is the Controller and Hevo and/or Hevo Affiliate are the Processor of Customer Personal Data. To the extent any Customer Identification Data is considered Personal Data, Hevo and/or Hevo Affiliate would be the Controller of such Customer Identification Data, and would Process such data in accordance with Hevo’s privacy policy, which is available at xxx.xxxxxxxx.xxx/xxxxxxx/xxxxxxxxx. 3.2 Each party will comply with its respective obligations under Applicable Laws with respect to processing of Customer Personal Data. 3.3 The Customer acknowledges that the Customer Personal Data may be Processed from a Hevo Affiliate, from time to time, subject to such Hevo Affiliate being bound by all of the obligations applicable to Hevo under this Addendum and Hevo being responsible for the Hevo Affiliate’s obligations under this Addendum. 3.4 The subject-matter of the data processing covered by this Addendum is the provision of the Services and the processing will be carried out for the duration of the Principal Agreement, except insofar as Hevo and/or Hevo Affiliate is required to process such data thereafter, in accordance with its obligations under Applicable Lawsapplicable law. Hevo shall have provided the Customer relevant details of any Hevo Affiliate which acts as a Processor under this Addendum. 3.5 Hevo and each relevant Hevo Affiliate shall: 3.5.1 comply with applicable Data Protection Laws in the Processing of Customer Personal Data; and 3.5.2 not Process Customer Personal Data other than on the Customer’s documented instructions, or as set out in the Principal Agreement or this Addendum or as otherwise notified by the Customer from time to time, unless Processing is required by Applicable Laws to which the Customer is subjectedsubject, in which case Hevo and/or Hevo Affiliate shall to the extent permitted by Applicable Laws inform the Customer of that legal requirement before the relevant Processing of that Personal Data. 3.6 Annex 1 to this Addendum sets out certain information regarding Hevo or and each Hevo Affiliate’s or its Subprocessors' Processing of the Customer Personal Data as required by article 28(3) of the GDPR (and, possibly, equivalent requirements of other Data Protection Laws). Nothing in Annex 1 confers any right or imposes any obligation on any party to this Addendum. 4. Responsibilities of Customer; Indemnity 4.1 The Customer: 4.1.1 instructs Hevo and each Hevo Affiliate (and authorises Hevo and each Hevo Affiliate to instruct each Subprocessor) to: 4.1.1.1 Process Customer Personal Data; and 4.1.1.2 in particular, transfer Customer Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with the Principal Agreement; 4.1.2 warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in section 4.1; and 4.1.3 warrants and represents that it has complied with applicable Data Protection Laws in respect of any obligations that it has under applicable Data Protection Laws with respect to it being the Controller of Customer Personal Data. The Customer further represents and warrants that it has collected the Customer Personal Data in accordance with applicable Data Protection Laws. 4.2 Customer’s instructions to Hevo and each Hevo Affiliate for the processing of Customer Personal Data shall comply with all Applicable Laws. Customer shall be responsible for the Customer Personal Data and the means by which Customer acquired Customer Personal Data. 4.3 The Customer agrees to defend, indemnify and hold harmless Hevo and/or the relevant Hevo Affiliate from and against all claims, actions, third party claims, direct losses, damages and expenses incurred by Hevo and/ or the relevant Hevo Affiliate as a result of or in connection with the Customer’s non-compliance with any applicable Data Protection Laws.