Privacy Policy LIFE Services t/a Systemise-Your-Business.com (SYB)

This Privacy Policy (“Policy“) relates to our website at https://systemise-your-business.com (the “Site“), and all related downloadable software, and other services provided by us and in or on which a link to this Privacy Policy is displayed, and all other communications with individuals by written or oral means, such as email or phone (collectively, together with the Site, (our “Service“). This Policy describes the information that LIFE Services t/a Systemise-Your-Business.com (“we“ or “us“) gathers on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Site, or by purchasing or using any Services, you consent to the privacy practices described in this Policy. This Policy is incorporated into, and is subject to, our Terms and Conditions of Business. Capitalised terms used but not defined in this Policy have the meaning given to them in our Terms and conditions of Business.

Definitions

“Client” means a customer of ours. “Client Data” means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of any of our Services stores within the Service which would include but not be limited to files, folder or documents uploaded by a Client to our Site. “Personal Data” means information that specifically identifies an individual or that is linked to information that identifies a specific individual. “Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to use a login ID and a password. “Restricted Area” means the area of the Site that can be accessed only by Users, and where access requires the use of a login ID and a password. “User” means a Client or an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity. “Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.

The Information We Collect on the Service:

We collect different types of information from or through the Service: “User-provided Information”. When you use the Service, as a User or as a Visitor, you may provide, and we may collect “Personal Data”. Examples of Personal Data include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, post Client Data, interact with other users of the Service through communication or messaging capabilities, or send us customer service-related requests. “Information Collected by Clients”. A Client or User may store or upload into the Service Client Data. Each Client is responsible for providing notice to third persons concerning the purpose for which the Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data. “Automatically Collected Information”. When a User or Visitor uses the Service, we may automatically record certain information from the User’s or Visitor’s device by using various types of technology, including cookies, “clear gifs” or “web beacons“. This automatically collected information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Service, the pages or other content the User or Visitor views or interacts with on the Service, and the dates and times of the visit, access, or use of the Service. We also may use these Technologies to collect information regarding a Visitor or User’s interaction with email messages, such as whether the Visitor or User opens, clicks on, or forwards a message. This information is gathered from all Users and Visitors. “Information from Integrated Services”. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service“), such as through the use of your Google account, or otherwise have the option to authorise an Integrated Service to provide Personal Data or other information to us. By authorising us to connect with an Integrated Service, you authorise us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service makes available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service. Information from Other Sources. We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Data that we collect through the Service, we will treat the combined information as Personal Data in accordance with this Policy.

How We Use the Information

We use the information that we collect in a variety of ways in providing the Service and operating our business, including the following: Operations. We use the information – other than Client Data – to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service. We process Client Data solely in accordance with the directions provided by the applicable Client or User. Improvements. We use the information – other than Client Data – to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, features, and functionality. Communications. We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or other issues related to the Client Data or Personal Data posted on the Service or (ii) with updates on promotions and events, relating to services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.“ Cookies and Tracking Technologies. “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Site to remember important information that will make your use of the Site more convenient. Please see our Cookie Policy for more information.

To Whom We Disclose Information

Except as described in this Policy, we will not intentionally disclose the Personal Data or Client Data that we collect or store on the Service to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances: Unrestricted Information. Any information that you voluntarily choose to include in a Public Area of the Service, such as on a chat forum, or an advertisement, will be available to any Visitor or User who has access to that content. Service Providers. We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information. Non Personally Identifiable Information. We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Clients’, Users’ and Visitors’ interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Service. Law Enforcement, Legal Process and Compliance. We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

Transfer of Ownership

Information about Users and Visitors, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy. Client Data may be physically or electronically transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, for the sole purpose of continuing the operation of the Service, and only if the recipient of the Client Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Your Options Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us as set forth in the “How to Contact Us“ section. At your request, we will have any reference to you deleted or blocked in our database. You may update, correct, or delete your Account and or Account information and preferences at any time by accessing your Account Admin settings page on the Service or by contacting us by the details described within the “How to Contact Us“ section. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service. At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own Privacy Policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

Navigation Information

You may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature. Opting out from Commercial Communications. If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending a message on the Chat System that can be found by visiting the site. Users are able to view and modify settings relating to the nature and frequency of promotional communications that they receive from us by contacting us using the unsubscribe option link contained within the email. Please be aware that if you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service. If a Client requests us to remove any data, we will respond to its request within fifteen (15) days. We will delete, amend or block access to any Personal Data that we are storing only if we receive a written request to do so from the Client who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, or to defend our rights in litigation. Any such request regarding Client Data should be addressed as indicated in the “How To Contact Us“ section, and include sufficient information for us to identify the Client and the information to delete or amend.

Third-Party Services

The Services we provide may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Your Privacy Rights

We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

Interest Based Advertising

Interest based advertising is the collection of data from different sources and across different platforms in order to predict an individual’s preferences or interest and to deliver to that individual, or his/her computer, smart phone or tablet, advertising based on his/her assumed preference or interest inferred from the collection of data pertaining to that individual or others who may have a similar profile or similar interests. We work with a variety of third parties to attempt to understand the profiles of the individuals who are most likely to be interested in our Services so that we can send them promotional emails, or serve our advertisements to them on the websites and mobile apps of other entities. These third parties include: (a) advertising networks, which collect information about a person’s interests when that person views or interacts with one of their advertisements; (2) attribution partners, which measure the effectiveness of certain advertisements; and (3) business partners, which collect information when a person views or interacts with one of their advertisements. In collaboration with these third parties, we may collect information about our customers, prospects and other individuals over time and across different platforms when they use these platforms or interact with them. Individuals may submit information directly on our Sites or on platforms run by third parties, or by interacting with us, our advertisements, or emails they receive from us or from third parties. We may use special tools that are commonly used for this purpose, such as cookies, beacons, pixels, tags, mobile advertising IDs, flash cookies, and similar technologies. We may have access to databases of information collected by our business partners. The information we or third party collect enables us to learn what purchases the person made, what ads or content the person sees, on which ads or links the person clicks, and other actions that the person takes on our Sites, or in response to our emails, or when visiting or using third parties’ platforms. We, or the third parties with which we work, use the information collected as described above to understand the various activities and behaviours of our customers, Site visitors and others. We, or these third parties, do this for many reasons, including: to recognise new or past visitors to our Sites; to present more personalised content; to provide more useful and relevant ads – for example, if we know what ads you are shown we can try not to show you the same ones repeatedly; to identify visitors across devices, third party websites and sites, or to display or send personalized or targeted ads and other custom content that is more focused on a person’s perceived interest in products or services similar to those that we offer. Our interest-based ads may be served to you in emails or on third-party platforms. We may serve these ads about our products or services or send commercial communications directly ourselves or through these third parties. Visitors may opt out of receiving interest based advertising by advertising networks that may be delivered to them on our platform and other websites by visiting the following websites: https://tools.google.com/dlpage/gaoptout, https://www.facebook.com/help/146952742043748 These features will opt a Visitor out of many – but not all – of the interest-based advertising activities in which we or third parties engage.

Third Party Cookies

We are legally required to disclose whether other third parties may collect personally identifiable information about an individual’s online activities from our Site or Service. Please see our Cookie Policy for more information. The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements or promotional material on this Site and on other sites across the Internet tailored to your apparent interests. The business partners and advertising networks that serve interest-based advertisements on the Services have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests. It is possible that they may reuse this small amount of information on other sites or services. We do not share with these third parties any information that would readily identify you (such as email address); however, these third parties may have access to information about your device (such as IP or MAC address). We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Notice. Other than as discussed in this document, we have no control over these third parties.

Minors’ Privacy

Protecting the privacy of minors is especially important. Our Service is not directed to minors under the age of 16, and we do not knowingly collect Personal Data from persons under the age of 16 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at and request that we delete that child’s Personal Data from our systems. The Service is not intended to be used by minors, and is not intended to be used to post content to share publicly or with friends. To the extent that a minor has posted such content on the Service, the minor has the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in the “How to Contact Us“ section. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.

Data Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We use ISO certified cloud services and applications. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorised alteration, unauthorised disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use TLS technology to encrypt data during transmission through public internet and ISO certified cloud services and applications, and we also employ application-layer security features to further anonymise Personal Data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “How to Contact Us“ section. If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with applicable law. Data Retention We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will only retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorised persons.

Data Transfer

We may transfer personal information outside the European Economic Area (EEA) (which comprises the countries in the European Union and Iceland, Liechtenstein and Norway) to the US on the basis that the organisation receiving the information has provided adequate safeguards by way of being signatories of the EU-US privacy shield.

Foreign Visitors

The Service is hosted in the US. If you choose to use the Service from regions of the world with laws governing data collection and use that may differ from US law, then please note that you are transferring your Client Data and Personal Data outside of those regions to the US for storage and processing. Also, we may transfer your data to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Client Data and Personal Data, on or to the Service, you consent to such transfer, storage, and processing. Data Controller and Data Processor. We do not own, control or direct the use of any of the Client Data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. We are largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and do not directly access such Client Data except as authorised by the Client, or as necessary to provide Services to the Client and its Users. Because we do not collect or determine the use of any Personal Data contained in the Client Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, we are not acting in the capacity of data controller in terms of the European Union’s Directive 95/46/EC on data privacy or the European Data Protection Regulation (“GDPR“) and do not have the associated responsibilities under GDPR. We should be considered only as a processor on behalf of our Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of GDPR. Except as provided in this Privacy Policy, We do not independently cause Client Data containing Personal Data stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on our behalf in connection with our provision of Services to Clients. Such actions are performed or authorised only by the applicable Client or User. The Client or the User is the data controller under the Directive for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data. We are not responsible for the content of the Personal Data contained in the Client Data or other information stored on our servers (or our subcontractors’ servers) at the discretion of the Client or User nor are we responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information. Changes and Updates to this Policy Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

How to Contact Us.

Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by contacting us via the chat button which you can find by visiting the site.

Changes to this privacy policy

This privacy notice was published on 16/06/2020 and last updated on 16/06/2020. We may change this privacy notice from time to time, when we do we will inform you via email or by pop up within systemise-your-business.com © 2020 Systemise-Your-Business.com

# DATA PROTECTION ADDENDUM

1 Definitions 1.1 In this Data Protection Addendum defined terms shall have the same meaning, and the same rules of interpretation shall apply as in the remainder of the Contract. In addition in this Data Protection Addendum the following definitions have the meanings given below: Applicable Law means applicable laws of the European Union or any of its member states from time to time; Appropriate Safeguards means such legally enforceable mechanism(s) for transfers of Personal Data as may be permitted under Data Protection Laws from time to time; Data Controller has the meaning given to that term (or to the term ‘controller’) in Data Protection Laws; Data Processor has the meaning given to that term (or to the term ‘processor’) in Data Protection Laws; Data Protection Laws means as applicable and binding on the Client, SYB and/or the Services: (a) in member states of the European Union: the Data Protection Directive or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (b) any Applicable Laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time; Data Protection Losses means all liabilities, including all: (a) costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, losses and damages (including relating to material or non-material damage); and (b) to the extent permitted by applicable law: (i) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority; (ii) compensation which is ordered by a Supervisory Authority to be paid to a Data Subject; and (iii) the reasonable costs of compliance with investigations by a Supervisory Authority; Data Subject has the meaning given to that term in Data Protection Laws; Data Subject Request means a request made by a Data Subject to exercise any rights of Data Subjects under Data Protection Laws; GDPR means the General Data Protection Regulation (EU) 2016/679; GDPR Date means from when the GDPR applies on 25 May 2018; International Organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries; International Recipient means: (a) any countries outside the European Economic Area; or (b) any International Organisation(s); List of Sub-Processors means the latest version of the list of Sub-Processors used by SYB, as Updated from time to time, which as at Order Acceptance is available within the Systemise-Your-Business.com Helpdesk. Personal Data has the meaning given to that term in Data Protection Laws; Personal Data Breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Protected Data; Processing has the meanings given to that term in Data Protection Laws (and related terms such as process have corresponding meanings); Processing Instructions has the meaning given to that term in paragraph 3.1.1;Protected Data means Personal Data in the Client Data; Sub-Processor means another Data Processor engaged by SYB for carrying out processing activities in respect of the Protected Data on behalf of the Client; and Supervisory Authority means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws. Supplier Personnel means all employees, officers, staff, agents and consultants of SYB, who are engaged in the performance of the Services from time to time; 2 Data Processor and Data Controller 2.1 The parties agree that, for the Protected Data, the Client shall be the Data Controller and SYB shall be the Data Processor. 2.2 To the extent the Client is not sole Data Controller of any Protected Data it warrants that it has full authority and authorisation of all relevant Data Controllers to instruct SYB to process the Protected Data in accordance with Contract. 2.3 SYB shall process Protected Data in compliance with: 2.3.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its and their obligations under Contract; and 2.3.2 the terms of Contract. 2.4 The Client shall ensure that it, its Affiliates and each Authorised User shall at all times comply with: 2.4.1 all Data Protection Laws in connection with the processing of Protected Data, the use of the Services (and each part) and the exercise and performance of its respective rights and obligations under Contract, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and 2.4.2 the terms of Contract. 2.5 The Client warrants, represents and undertakes, that at all times: 2.5.1 all Protected Data (if processed in accordance with Contract) shall comply in all respects, including in terms of its collection, storage and processing, with Data Protection Laws; 2.5.2 all Protected Data shall comply with clause [7.2] of the Conditions; 2.5.3 fair processing and other information notices have been provided to the Data Subjects of the Protected Data (and all necessary consents from such Data Subjects obtained and at all shall at all times be in accordance with Data Protection Laws; and 2.5.7 it has undertaken due diligence in relation to SYB’s processing operations and commitments and it is satisfied (and all times its continues to use the Services remains satisfied) that: (a) SYB’s processing operations are suitable for the purposes for which the Client proposes to use the Services and engage SYB to process the Protected Data; (b) the technical and organisational measures set out in the Information Security Addendum and Contract (each as Updated from time to time) shall (if SYB complies with its obligations under such Addendum) ensure a level of security appropriate to the risk in regards to the Protected Data; and (c) SYB has sufficient expertise, reliability and resources to implement technical and organisational measures that meet the requirements of Data Protection Laws. 3 Instructions and details of processing 3.1 Insofar as SYB processes Protected Data on behalf of the Client, SYB: 3.1.1unless required to do otherwise by Applicable Law, shall (and shall take steps to ensure each person acting under its authority shall) process the Protected Data only on and in accordance with the Client’s documented instructions as set out in this paragraph 3.1 and paragraphs 3.3 and 3.4, as Updated from time to time (Processing Instructions); 3.1.2 if Applicable Law requires it to process Protected Data other than in accordance with the Processing Instructions, shall notify the Client of any such requirement before processing the Protected Data (unless Applicable Law prohibits such information on important grounds of public interest); and 3.1.3 shall promptly inform the Client if SYB becomes aware of a Processing Instruction that, in SYB’s opinion, infringes Data Protection Laws, provided that: (a) this shall be without prejudice to paragraphs 2.4 and 2.5; (b) to the maximum extent permitted by mandatory law, SYB shall have no liability howsoever arising (whether in contract, tort (including negligence) or otherwise) for any losses, costs, expenses or liabilities (including any Data Protection Losses) arising from or in connection with any processing in accordance with the Client’s Processing Instructions following the Client’s receipt of that information; and (c) this paragraph 3.1.3 shall only apply from the GDPR Date. 3.2 The Client shall be responsible for ensuring all Authorised Affiliates’ and Authorised User’s read and understand the Privacy Policy (as Updated from time to time). 3.3 The Client acknowledges and agrees that the execution of any computer command to process (including deletion of) any Protected Data made in the use of any of the Services by an Authorised User will be a Processing Instruction (other than to the extent such command is not fulfilled due to technical, operational or other reasons). The Client shall ensure that Authorised Users do not execute any such command unless authorised by the Client (and by all other relevant Data Controller(s)) and acknowledge that if any Protected Data is deleted pursuant to any such command SYB is under no obligation to seek to restore it. 3.4 Subject to the applicable terms set out in the Order Form the processing of the Protected Data by SYB under the Contract shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in the Schedule. 4 Technical and organisational measures 4.1 Taking into account the nature of the processing, SYB shall implement and maintain, at its cost and expense, the technical and organisational measures: 4.1.1 such that the processing will meet the requirements of Data Protection Laws and ensure the protection of the rights of Data Subjects; 4.1.2 from the GDPR Date, to assist the Client insofar as is possible in the fulfilment of the Client’s obligations to respond to Data Subject Requests relating to Protected Data, in each case at the Client’s cost on a time and materials basis in accordance with SYB’s standard rates. 4.1.3 so that reasonable steps have been taken to ensure the reliability of Supplier Personnel with access to the Protected Data; and 4.1.4 so as to ensure a level of security in respect of Protected Data processed by it that is appropriate to the risks that are presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed.’ 5 Using staff and other processors 5.1 SYB shall not engage any SubProcessor for carrying out any processing activities in respect of the Protected Data except in accordance with the Contract without the Client’s written authorisation of that specific SubProcessor (such authorisation not to be unreasonably withheld, conditioned or delayed). 5.2 The Client authorises the appointment of each of the SubProcessors identified on the List of Sub-Processors as Updated from time to time. 5.3 SYB shall: 5.3.1 prior to the relevant SubProcessor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under paragraphs 2 to 12 (inclusive) that is enforceable by SYB; 5.3.2 ensure each such SubProcessor complies with all such obligations; and 5.3.3 remain fully liable for all the acts and omissions of each SubProcessor as if they were its own. 5.4 From the GDPR Date, SYB shall ensure that all persons authorised by it (or by any SubProcessor) to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential (except where disclosure is required in accordance with Applicable Law, in which case SYB shall, where practicable and not prohibited by Applicable Law, notify the Client of any such requirement before such disclosure). 6 Assistance with compliance and Data Subject rights 6.1 SYB shall refer all Data Subject Requests it receives to the Client without undue delay. The Client shall pay SYB for all work, time, costs and expenses incurred in connection with such activity, calculated [on a time and materials basis] at SYB’s standard rates 6.2 From the GDPR Date, SYB shall provide such reasonable assistance as the Client reasonably requires (taking into account the nature of processing and the information available to SYB) to the Client in ensuring compliance with the Client’s obligations under Data Protection Laws with respect to: 6.2.1 security of processing; 6.2.2 data protection impact assessments (as such term is defined in Data Protection Laws); 6.2.3 prior consultation with a Supervisory Authority regarding high risk processing; and 6.2.4 notifications to the Supervisory Authority and/or communications to Data Subjects by the Client in response to any Personal Data Breach, provided the Client shall pay SYB for all work, time, costs and expenses incurred in connection with providing the assistance in this paragraph 6.2, calculated on a time and materials basis at SYB’s standard rates. 7 International data transfers 7.1 Subject to paragraph 7.2, SYB shall not transfer, or otherwise directly or indirectly disclose, any Protected Data to any International Recipient without the prior written consent of the Client except where SYB is required to transfer the Protected Data by Applicable Law (and shall inform the Client of that legal requirement before the transfer, unless those laws prevent it doing so). 7.2 The Client agrees that SYB may transfer any Protected Data for the purposes referred to in paragraph 3.4 to any International Recipient, provided all transfers by SYB of Protected Data to an International Recipient (and any onward transfer) shall (to the extent required under Data Protection Laws) be effected by way of Appropriate Safeguards and in accordance with Data Protection Laws. The provisions of Contract shall constitute the Client’s instructions with respect to transfers in accordance with paragraph 3.1.1. 7.3 The Appropriate Safeguards employed by SYB in connection with the Contract shall be as follows: 7.4 SYB (or its Sub-Processors) may process Protected Data in the following locations:EU and United States] 7.5 The Client acknowledges that due to the nature of cloud services, the Protected Data may also be transferred to other geographical locations in connection with use of the Service further to access and/or computerised instructions initiated by Authorised Users. The Client acknowledges that SYB does not control such processing and the Client shall ensure that Authorised Users (and all others acting on its behalf) only initiate the transfer of Protected Data to other geographical locations if Appropriate Safeguards are in place and that such transfer is in compliance with all Applicable Laws. 8 Information and audit 8.1 SYB shall maintain, in accordance with Data Protection Laws binding on SYB, written records of all categories of processing activities carried out on behalf of the Client. 8.2 The Client may by written notice to SYB request information regarding SYB’s compliance with the obligations placed on it under this Data Protection Addendum. On receipt of such request SYB shall provide the Client (or auditors mandated by the Client) with a copy of the latest third party certifications and audits to the extent made generally available to its customers. Such copies are confidential to SYB and shall be SYB’s Confidential Information for the purposes of the Contract. 8.3 SYB shall, on request by the Client, in accordance with Data Protection Laws, make available to the Client such information as is reasonably necessary to demonstrate SYB compliance with its obligations under this Data Protection Addendum and Article 28 of the GDPR (and under any Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by the Client (or another auditor mandated by the Client) for this purpose provided: 8.3.1 such audit, inspection or information request is reasonable, limited to information in SYB’s (or any SubProcessors) possession or control and is subject to the Client giving SYB reasonable prior notice of such audit, inspection or information request; 8.3.2 the parties (each acting reasonably and consent not to be unreasonably withheld or delayed) shall agree the timing, scope and duration of the audit, inspection or information release together with any specific policies or other steps with which the Client or third party auditor shall comply (including to protect the security and confidentiality of other customers, to ensure SYB is not placed in breach of any other arrangement with any other customer and so as to comply with the remainder of this paragraph 8.3); 8.3.3 all costs of such audit or inspection or responding to such information request shall be borne by the Client, and SYB’s costs, expenses, work and time incurred in connection with such audit or inspection shall be reimbursed by the Client on a time and materials basis in accordance with SYB’s Standard Pricing Terms; 8.3.4 such audits, inspections or information requests shall be limited to one in any consecutive 12 month period, unless otherwise required by a Supervisory Authority or if the Client (acting reasonably) believes SYB is in breach of this Data Protection Addendum; 8.3.5 the Client shall promptly (and in any event within [one] Business Day) report any noncompliance identified by the audit, inspection or release of information to SYB; 8.3.6 the Client shall ensure that all information obtained or generated by the Client or its auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential (save for disclosure required by Applicable Law); 8.3.7 the Client shall ensure that any such audit or inspection is undertaken during normal business hours, with minimal disruption to the businesses of SYB and each Sub-Processor; and 8.3.8 the Client shall ensure that each person acting on its behalf in connection with such audit or inspection (including the personnel of any third party auditor) shall not by any act or omission cause or contribute to any damage, destruction, loss or corruption of or to any systems, equipment or data in the control or possession of SYB or any SubProcessor whilst conducting any such audit or inspection. 9 Breach notification 9.1 In respect of any Personal Data Breach involving Protected Data, SYB shall, without undue delay (and in any event within 48 hours): 9.1.1 notify the Client of the Personal Data Breach; and 9.1.2 provide the Client with details of the Personal Data Breach. 10 Deletion of Protected Data and copies Following the end of the provision of the Services (or part) relating to the processing of Protected Data SYB shall dispose of Protected Data in accordance with its obligations under this Agreement. SYB shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Protected Data undertaken in accordance with the Contract. 11 Compensation and claims 11.1 SYB shall be liable for Data Protection Losses (howsoever arising, whether in contract, tort (including negligence) or otherwise) under or in connection with Contract: 11.1.1 only to the extent caused by the processing of Protected Data under Contract and directly resulting from SYB’s breach of Contract; and 11.1.2 in no circumstances to the extent that any Data Protection Losses (or the circumstances giving rise to them) are contributed to or caused by any breach of Contract by the Client (including in accordance with paragraph 3.1.3(b)). 11.2 If a party receives a compensation claim from a person relating to processing of Protected Data in connection with Contract or the Services, it shall promptly provide the other party with notice and full details of such claim. The party with conduct of the action shall: 11.2.1 make no admission of liability nor agree to any settlement or compromise of the relevant claim without the prior written consent of the other party (which shall not be unreasonably withheld or delayed); and 11.2.2 consult fully with the other party in relation to any such action but the terms of any settlement or compromise of the claim will be exclusively the decision of the party that is responsible under Contract for paying the compensation. 11.3 The parties agree that the Client shall not be entitled to claim back from SYB any part of any compensation paid by the Client in respect of such damage to the extent that the Client is liable to indemnify or otherwise compensate SYB in accordance with Contract. 11.4 This paragraph 11 is intended to apply to the allocation of liability for Data Protection Losses as between the parties, including with respect to compensation to Data Subjects, notwithstanding any provisions under Data Protection Laws to the contrary, except: 11.4.1 to the extent not permitted by Applicable Law (including Data Protection Laws); and 11.4.2 that it does not affect the liability of either party to any Data Subject. 12 Survival This Data Protection Addendum (as updated from time to time) shall survive termination (for any reason) or expiry of Contract and continue until no Protected Data remains in the possession or control of SYB or any SubProcessor, except that paragraphs 10 to 12 (inclusive) shall continue indefinitely. 13 Data protection contact SYB’s Data Protection Officer is Harald Struwe who may be contacted at harald@life-services.online THE SCHEDULE DATA PROCESSING DETAILS Subject-matter of processing: Performance of respective rights and obligations under Contract and delivery and receipt of the Services under Contract Duration of the processing: Until the earlier of final termination or final expiry of Contract, except as otherwise expressly stated in Contract; Nature and purpose of the processing: Processing in accordance with the rights and obligations of the parties under Contract; Processing as reasonably required to provide the Services; Processing as initiated, requested or instructed by Authorised Users in connection with their use of the Services, or by the Client, in each case in a manner consistent with Contract; and Type of Personal Data: Legal and other names, titles, positions, e-mail addresses, phone numbers, professional history, and any other data that the client stores within SYB. Categories of Data Subjects: Authorised Users, employees, customers or other Data Subjects Special categories of Personal Data: Personal data related to the Clients Services as reasonably required to provide the services. **LIFE Services t/a Systemise-Your-Business.com ** We ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint. **Who we are ** We are LIFE Services t/a Systemise-Your-Business.com a Company incorporated in Estonia with registration no. 14853858 whose registered office is located at Osterbrooksweg 35, Schenefeld, 22869 Germany. We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union. We identify ourselves as a Data Controller and Data Processor under Data Protection law. In relation to the subscriber services we provide to our Clients we are a Data Processor. The personal information we collect and use. Information collected by us. In the course of providing our services we collect the following personal information when you provide it to us: Names, telephone numbers and email addresses of users of the system Contact Information including addresses plus Financial details for subscription purposes Personal progress on Systemise-Your-Business.com coaching programmes in order to help you get the most of Systemise-Your-Business.com and aid our ability to help you use the software system. Who we share your personal information with. In order to provide services to you as a client, we collect and store your contact details and communications preferences, as well as your responses to emails, surveys, competitions such as are necessary for the effective provision of the services. We routinely share your name, address and contact details with our third party suppliers/credit reference agencies etc. For a list of our third party suppliers’ see the “Third Party Suppliers“ Section. This data sharing enables them to help us provide and deliver the services to you as a client and properly administrate your account. We will not give your data to any third parties unless required for the proper administration of your account and for the avoidance of doubt, will never give your personal details to third parties for marketing or other non-essential purposes without your informed consent. You have the right to contact us in order to remove consent, to correct, amend, or to erase your personal data at any time, where relevant. Where your information is required for statutory record keeping purposes, we reserve the right under EU Data Protection law not to comply with your request. We will share personal information with law enforcement or other authorities if required by applicable law. We will not share your personal information with any other third party. How we use your personal information. We use various applications to administer your personal data. We do not use these tools to perform profiling or any kind of automated decision-making about you or your organisation. We would like to hold your personal data in electronic database form, including the use of cloud-based applications. We make sure to select cloud providers who provide suitable guarantees over the privacy and rights associated with your personal data. As an integral part of fulfilling our contractual remit to its clients, we keep our clients informed of relevant news and non-promotional information via email and live chat. We will ask you for your consent to use email for marketing or promotional purposes and will provide the means to opt out at any time. If you would like to unsubscribe from any emails you can also click on the ‘unsubscribe’ button at the bottom of the email. It may take up to 10 days for this to take place. In order to make sure we do not bother you with irrelevant emails, we also retain your communications preferences on a database. Your main contact details will be kept for an indefinite period, or until you inform us that you wish us to erase your data or unsubscribe from our communications altogether. How long your personal information will be kept. We will keep your personal data for at least the minimum statutory period allowed, normally in the case of your transaction history, this is 6 years. Please note that we have a legitimate interest in retaining your personal data for legal and financial record keeping purposes. **Transfer of your information out of the EEA In order to administer our services and keep records,** We use third party providers that host data outside of the EU. All such providers commit to the US-EU Privacy Shield and are committed to keeping your data safe. Where appropriate, the providers align to the ISO 27001 standards of data governance. If you would like further information please contact our Data Protection Officer (see ‘How to contact us’ below). Your rights Under the General Data Protection Regulation- you have a number of important rights free of charge. In summary, those include rights to: fair processing of information and transparency over how we use your use personal information access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address require us to correct any mistakes in your information which we hold require the erasure of personal information concerning you in certain situations receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations object at any time to processing of personal information concerning you for direct marketing object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you object in certain other situations to our continued processing of your personal information otherwise restrict our processing of your personal information in certain circumstances claim compensation for damages caused by our breach of any data protection laws. If you would like to exercise any of those rights, please: email, call or write to Harald Struwe our Data Protection Officer let us have enough information to identify you (eg account number, user name, registration details), let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and let us know the information to which your request relates , including any account or reference numbers, if you have them. Keeping your personal information secure. We cannot absolutely guarantee the security of any information that you transmit to us via the internet and remind you that you do so at your own risk. We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. All personal details are held on encrypted devices, protected with password protection which where possible is dual-factor authenticated. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses. How to complain. We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information. The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. Changes to this privacy notice This privacy notice was published on 16/06/2020 and last updated on 16/06/2020. We may change this privacy notice from time to time, when we do we will inform you via email or by virtue of a pop up on your Systemise-Your-Business.com account. **How to contact us ** Please contact our Data Protection Officer, if you have any questions about this privacy notice or the information we hold about you. If you wish to contact our Data Protection Officer, please send an email to harald@life-services.online , or write to Osterbrooksweg 35, Schenefeld, 22869 Germany. Do you need extra help? If you would like this notice in another format (for example: audio, large print) please contact us (see ‘How to contact us’ above). **Third Party Suppliers ** The list of third party suppliers that Systemise-Your-Business.com use include: Systemise-Your-Business.com Contractors – Personal Coaches, Finance Manager, Software Manager, Sales and Marketing Team, Software Developers, Credit Control, Head of Curriculum, Software Support Team, Office and Accounting Support Skype Services Vedamo virtual meeting rooms NameCheap hosting with servers based in the US and the UK Stripe Merchant System AWS Storage System For detailed information on each of these providers, please contact admin@life-services.online **Software as a service agreement (SaaS) data protection addendum 1. ** Definitions 1.1 In this Data Protection Addendum defined terms shall have the same meaning, and the same rules of interpretation shall apply as in the remainder of our Agreement. In addition in this Data Protection Addendum the following definitions have the meanings given below: Applicable Law means applicable laws of the European Union or any of its member states from time to time; Appropriate Safeguards means such legally enforceable mechanism(s) for transfers of Personal Data as may be permitted under Data Protection Laws from time to time; Data Controller has the meaning given to that term (or to the term ‘controller’) in Data Protection Laws; Data Processor has the meaning given to that term (or to the term ‘processor’) in Data Protection Laws; Data Protection Laws means as applicable and binding on the Client, the Company and/or the Services: (a) in member states of the European Union: the Data Protection Directive or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (c) any Applicable Laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time; Data Protection Losses means all liabilities, including all: (a) costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, losses and damages (including relating to material or non-material damage); and (b) to the extent permitted by applicable law: (i) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority; (ii) compensation which is ordered by a Supervisory Authority to be paid to a Data Subject; and (iii) the reasonable costs of compliance with investigations by a Supervisory Authority; Data Subject has the meaning given to that term in Data Protection Laws; Data Subject Request means a request made by a Data Subject to exercise any rights of Data Subjects under Data Protection Laws; GDPR means the General Data Protection Regulation (EU) 2016/679; GDPR Date means from when the GDPR applies on 25 May 2018; International Organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries; International Recipient means: (a) any countries outside the European Economic Area; or (b) any International Organisation(s); List of Sub-Processors means the latest version of the list of Sub-Processors used by the Company, as Updated from time to time, which as at Order Acceptance is available at the Systemise-Your-Business.com Helpdesk; Personal Data has the meaning given to that term in Data Protection Laws; Personal Data Breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Protected Data; processing has the meanings given to that term in Data Protection Laws (and related terms such as process have corresponding meanings); Processing Instructions has the meaning given to that term in paragraph 3.1.1; Protected Data means Personal Data in the Client Data; Sub-Processor means another Data Processor engaged by the Company for carrying out processing activities in respect of the Protected Data on behalf of the Client; and Supervisory Authority means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws. 2 Data Processor and Data Controller 2.1 The parties agree that, for the Protected Data, the Client shall be the Data Controller and the Company shall be the Data Processor. 2.2 To the extent the Client is not sole Data Controller of any Protected Data it warrants that it has full authority and authorisation of all relevant Data Controllers to instruct the Company to process the Protected Data in accordance with our Agreement. 2.3 The Company shall process Protected Data in compliance with: 2.3.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its and their obligations under our Agreement; and 2.3.2 the terms of our Agreement. 2.4 The Client shall ensure that it, it’s Affiliates and each Authorised User shall at all times comply with: 2.4.1 all Data Protection Laws in connection with the processing of Protected Data, the use of the Services (and each part) and the exercise and performance of its respective rights and obligations under our Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and 2.4.2 the terms of our Agreement. 2.5 The Client warrants, represents and undertakes, that at all times: 2.5.1 all Protected Data (if processed in accordance with our Agreement) shall comply in all respects, including in terms of its collection, storage and processing, with Data Protection Laws; 2.5.2 all Protected Data shall comply with clause [10.3] of the Master SaaS Terms; 2.5.3 fair processing and other information notices have been provided to the Data Subjects of the Protected Data (and all necessary consents from such Data Subjects obtained and at all times maintained) to the extent required by Data Protection Laws in connection with all processing activities in respect of the Protected Data which may be undertaken by the Company and its Sub-Processors in accordance with our Agreement; 2.5.4 the Protected Data is accurate and up to date; 2.5.5 it shall establish and maintain adequate security measures to safeguard Protected Data in its possession or control from unauthorised access and copying and maintain complete and accurate backups of all Protected Data provided to the Company (or anyone acting on its behalf) so as to be able to immediately recover and reconstitute such Protected Data in the event of loss, damage or corruption of such Protected Data by the Company or anyone acting on its behalf; 2.5.6 all instructions given by it to the Company in respect of Personal Data shall at all times be in accordance with Data Protection Laws; and 2.5.7 it has undertaken due diligence in relation to the Company’s processing operations and commitments and it is satisfied (and all times its continues to use the Services remains satisfied) that: (a) the Company’s processing operations are suitable for the purposes for which the Client proposes to use the Services and engage the Company to process the Protected Data; (b) the technical and organisational measures set out in the Information Security Addendum and our Agreement (each as Updated from time to time) shall (if the Company complies with its obligations under such Addendum) ensure a level of security appropriate to the risk in regards to the Protected Data; and (c) the Company has sufficient expertise, reliability and resources to implement technical and organisational measures that meet the requirements of Data Protection Laws. 3 Instructions and details of processing 3.1 Insofar as the Company processes Protected Data on behalf of the Client, the Company: 3.1.1 unless required to do otherwise by Applicable Law, shall (and shall take steps to ensure each person acting under its authority shall) process the Protected Data only on and in accordance with the Client’s documented instructions as set out in this paragraph 3.1 and paragraphs 3.3 and 3.4, as Updated from time to time (Processing Instructions); 3.1.2 if Applicable Law requires it to process Protected Data other than in accordance with the Processing Instructions, shall notify the Client of any such requirement before processing the Protected Data (unless Applicable Law prohibits such information on important grounds of public interest); and 3.1.3 shall promptly inform the Client if the Company becomes aware of a Processing Instruction that, in the Company’s opinion, infringes Data Protection Laws, provided that: (a) this shall be without prejudice to paragraphs 2.4 and 2.5; (b) to the maximum extent permitted by mandatory law, the Company shall have no liability howsoever arising (whether in contract, tort (including negligence) or otherwise) for any losses, costs, expenses or liabilities (including any Data Protection Losses) arising from or in connection with any processing in accordance with the Client’s Processing Instructions following the Client’s receipt of that information; and (c) this paragraph 3.1.3 shall only apply from the GDPR Date. 3.2 The Client shall be responsible for ensuring all Authorised Affiliates’ and Authorised User’s read and understand the Privacy Policy (as Updated from time to time). 3.3 The Client acknowledges and agrees that the execution of any computer command to process (including deletion of) any Protected Data made in the use of any of the Subscribed Services by an Authorised User will be a Processing Instruction (other than to the extent such command is not fulfilled due to technical, operational or other reasons, including as set out in the User Manual). The Client shall ensure that Authorised Users do not execute any such command unless authorised by the Client (and by all other relevant Data Controller(s)) and acknowledge that if any Protected Data is deleted pursuant to any such command the Company is under no obligation to seek to restore it. 3.4 Subject to the applicable terms set out in the Order Form the processing of the Protected Data by the Company under our Agreement shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in the Schedule1. 4 Technical and organisational measures 4.1 Taking into account the nature of the processing, the Company shall implement and maintain, at its cost and expense, the technical and organisational measures: 4.1.1 in relation to the processing of Protected Data by the Company, as set out the Information Security Addendum; and 4.1.2 from the GDPR Date, to assist the Client insofar as is possible in the fulfilment of the Client’s obligations to respond to Data Subject Requests relating to Protected Data, in each case at the Client’s cost on a time and materials basis in accordance with the Company’s Standard Pricing Terms. 5 Using staff and other processors 5.1 The Company shall not engage any Sub-Processor for carrying out any processing activities in respect of the Protected Data except in accordance with our Agreement without the Client’s written authorisation of that specific Sub-Processor (such authorisation not to be unreasonably withheld, conditioned or delayed). 5.2 The Client authorises the appointment of each of the Sub-Processors identified on the List of Sub-Processors as Updated from time to time. 5.3 The Company shall: 5.3.1 prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under paragraphs 2 to 12 (inclusive) that is enforceable by the Company; 5.3.2 ensure each such Sub-Processor complies with all such obligations; and 5.3.3 remain fully liable for all the acts and omissions of each Sub-Processor as if they were its own. 5.4 From the GDPR Date, the Company shall ensure that all persons authorised by it (or by any Sub-Processor) to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential (except where disclosure is required in accordance with Applicable Law, in which case the Company shall, where practicable and not prohibited by Applicable Law, notify the Client of any such requirement before such disclosure). 6 Assistance with compliance and Data Subject rights 6.1 The Company shall refer all Data Subject Requests it receives to the Client without undue delay. The Client shall pay the Company for all work, time, costs and expenses incurred in connection with such activity, calculated on a time and materials basis at the Company’s rates set out in the Company’s Standard Pricing Terms. 6.2 From the GDPR Date, the Company shall provide such reasonable assistance as the Client reasonably requires (taking into account the nature of processing and the information available to the Company) to the Client in ensuring compliance with the Client’s obligations under Data Protection Laws with respect to: 6.2.1 security of processing; 6.2.2 data protection impact assessments (as such term is defined in Data Protection Laws); 6.2.3 prior consultation with a Supervisory Authority regarding high risk processing; and 6.2.4 notifications to the Supervisory Authority and/or communications to Data Subjects by the Client in response to any Personal Data Breach, provided the Client shall pay the Company for all work, time, costs and expenses incurred in connection with providing the assistance in this paragraph 6.2, calculated on a time and materials basis at the Company’s rates set out in the Company’s Standard Pricing Terms. 7 International data transfers 7.1 Subject to paragraph 7.2, the Company shall not transfer, or otherwise directly or indirectly disclose, any Protected Data to any International Recipient without the prior written consent of the Client except where the Company is required to transfer the Protected Data by Applicable Law (and shall inform the Client of that legal requirement before the transfer, unless those laws prevent it doing so). 7.2 The Client agrees that the Company may transfer any Protected Data for the purposes referred to in paragraph 3.4 to any International Recipient, provided all transfers by the Company of Protected Data to an International Recipient (and any onward transfer) shall (to the extent required under Data Protection Laws) be effected by way of Appropriate Safeguards and in accordance with Data Protection Laws. The provisions of our Agreement shall constitute the Client’s instructions with respect to transfers in accordance with paragraph 3.1.1. 7.3 The Appropriate Safeguards employed by the Company in connection with our Agreement shall be as follows: Any data transferred will transferred only to processors that are subject to the Privacy Shield Regulations 7.4 The Company (or its Sub-Processors) may process Protected Data in the following locations: United States, European Economic Area (EEA). The Client acknowledges that due to the nature of cloud services, the Protected Data may also be transferred to other geographical locations in connection with use of the Service further to access and/or computerised instructions initiated by Authorised Users. The Client acknowledges that the Company does not control such processing and the Client shall ensure that Authorised Users (and all others acting on its behalf) only initiate the transfer of Protected Data to other geographical locations if Appropriate Safeguards are in place and that such transfer is in compliance with all Applicable Laws. 8 Information and audit 8.1 The Company shall maintain, in accordance with Data Protection Laws binding on the Company, written records of all categories of processing activities carried out on behalf of the Client. 8.2 The Client may by written notice to the Company request information regarding the Company’s compliance with the obligations placed on it under this Data Protection Addendum. On receipt of such request the Company shall provide the Client (or auditors mandated by the Client) with a copy of the latest third party certifications and audits to the extent made generally available to its customers in accordance with Get More Clients Security Policies (as Updated from time to time). Such copies are confidential to the Company and shall be Company’s Confidential Information for the purposes of our Agreement. 8.3 The Company shall, on request by the Client, in accordance with Data Protection Laws, make available to the Client such information as is reasonably necessary to demonstrate the Company’s compliance with its obligations under this Data Protection Addendum and Article 28 of the GDPR (and under any Data Protection Laws equivalent to that Article 28), and allow for and contribute to audits, including inspections, by the Client (or another auditor mandated by the Client) for this purpose provided: 8.3.1 such audit, inspection or information request is reasonable, limited to information in the Company’s (or any Sub-Processors) possession or control and is subject to the Client giving the Company reasonable prior notice of such audit, inspection or information request; 8.3.2 the parties (each acting reasonably and consent not to be unreasonably withheld or delayed) shall agree the timing, scope and duration of the audit, inspection or information release together with any specific policies or other steps with which the Client or third party auditor shall comply (including to protect the security and confidentiality of other customers, to ensure the Company is not placed in breach of any other arrangement with any other customer and so as to comply with the remainder of this paragraph 8.3); 8.3.3 all costs of such audit or inspection or responding to such information request shall be borne by the Client, and the Company’s costs, expenses, work and time incurred in connection with such audit or inspection shall be reimbursed by the Client on a time and materials basis in accordance with the Company’s Standard Pricing Terms; 8.3.4 such audits, inspections or information requests shall be limited to one in any consecutive [12] month period, unless otherwise required by a Supervisory Authority or if the Client (acting reasonably) believes the Company is in breach of this Data Protection Addendum; 8.3.5 the Client shall promptly (and in any event within [one] Business Day) report any non-compliance identified by the audit, inspection or release of information to the Company; 8.3.6 the Client shall ensure that all information obtained or generated by the Client or its auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential (save for disclosure required by Applicable Law); 8.3.7 the Client shall ensure that any such audit or inspection is undertaken during normal business hours, with minimal disruption to the businesses of the Company and each Sub-Processor; and 8.3.8 the Client shall ensure that each person acting on its behalf in connection with such audit or inspection (including the personnel of any third party auditor) shall not by any act or omission cause or contribute to any damage, destruction, loss or corruption of or to any systems, equipment or data in the control or possession of the Company or any Sub-Processor whilst conducting any such audit or inspection. 9 Breach notification 9.1 In respect of any Personal Data Breach involving Protected Data, the Company shall, without undue delay (and in any event within 48 hours): 9.1.1 notify the Client of the Personal Data Breach; and 9.1.2 provide the Client with details of the Personal Data Breach. 10 Deletion of Protected Data and copies Following the end of the provision of the Services (or part) relating to the processing of Protected Data the Company shall dispose of Protected Data in accordance with its obligations under this Agreement. 10.0 The Company shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Protected Data undertaken in accordance with our Agreement. 11 Compensation and claims 11.1 The Company shall be liable for Data Protection Losses (howsoever arising, whether in contract, tort (including negligence) or otherwise) under or in connection with our Agreement: 11.1.1 only to the extent caused by the processing of Protected Data under our Agreement and directly resulting from the Company’s breach of our Agreement; and 11.1.2 in no circumstances to the extent that any Data Protection Losses (or the circumstances giving rise to them) are contributed to or caused by any breach of our Agreement by the Client (including in accordance with paragraph 3.1.3(b)). 11.2 If a party receives a compensation claim from a person relating to processing of Protected Data in connection with our Agreement or the Services, it shall promptly provide the other party with notice and full details of such claim. The party with conduct of the action shall: 11.2.1 make no admission of liability nor agree to any settlement or compromise of the relevant claim without the prior written consent of the other party (which shall not be unreasonably withheld or delayed); and 11.2.2 consult fully with the other party in relation to any such action but the terms of any settlement or compromise of the claim will be exclusively the decision of the party that is responsible under our Agreement for paying the compensation. 11.3 The parties agree that the Client shall not be entitled to claim back from the Company any part of any compensation paid by the Client in respect of such damage to the extent that the Client is liable to indemnify or otherwise compensate the Company in accordance with our Agreement. 11.4 This paragraph 11 is intended to apply to the allocation of liability for Data Protection Losses as between the parties, including with respect to compensation to Data Subjects, notwithstanding any provisions under Data Protection Laws to the contrary, except: 11.4.1 to the extent not permitted by Applicable Law (including Data Protection Laws); and 11.4.2 that it does not affect the liability of either party to any Data Subject. 12 Survival This Data Protection Addendum (as Updated from time to time) shall survive termination (for any reason) or expiry of our Agreement and continue until no Protected Data remains in the possession or control of the Company or any Sub-Processor, except that paragraphs 10 to 12 (inclusive) shall continue indefinitely. 13 Data protection contact The Company’s Data Protection Officer is Harald Struwe who may be contacted at harald@life-services.online. Or by writing to LIFE Services at Osterbrooksweg 35, Schenefeld, 22869 Germany. The Schedule Data Processing Details Subject-matter of processing: Performance of respective rights and obligations under our Agreement and delivery and receipt of the Services under our Agreement Duration of the processing: Until the earlier of final termination or final expiry of our Agreement, except as otherwise expressly stated in our Agreement Nature and purpose of the processing: Processing in accordance with the rights and obligations of the parties under our Agreement Processing as reasonably required to provide the Services Processing as initiated, requested or instructed by Authorised Users in connection with their use of the Services, or by the Client, in each case in a manner consistent with our Agreement]; and/or Type of Personal Data: Legal and other names, titles, positions, e-mail addresses, phone numbers, professional history, addresses, Categories of Data Subjects: Authorised Users, employees, customers or other Data Subjects

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