DATA SHARING ADDENDUM

Last updated: April 2023

Please read these terms and conditions carefully before using Our Service.

DATA PROCESSING AGREEMENT

OBJECTIVE AND APPLICATION

1.1 SocialScore (DSNTech LTD company reg. no.: 207337125; registered seat: Mladost 2 Sofia, Bulgaria, EU; with service product “SocialScore”) has entered into a SaaS agreement (the “Agreement”) with its customer (“Customer” or “Controller”) that governs the provision of the Services by website SocialScore to Customer. Within the scope of the Agreement, SocialScore will process Customer Data for which Customer is the data controller and SocialScore is the data processor of Customer in accordance with the applicable Data Protection Legislation.

1.2 This DPA forms part of, and complements the provisions of the Agreement and regulates the processing and transferring of Customer Data in the scope specified in Appendix 1 to this DPA. Any issues not regulated by this DPA shall be governed by the provisions of the Agreement. By signing this Agreement or clicking through the click-through mechanism implemented by SocialScore at socialscore.io or by expressing its agreement otherwise, Customer agrees to this DPA and this DPA becomes a binding commitment between Customer and SocialScore.

1.3 The objective of this DPA is to comply with the requirements in the Data Protection Legislation for a written agreement between data controllers and data processors. 

1.4 Parties state that the Standard Contractual Clauses specified in Appendix 3 shall apply to the transfer from SocialScore to Customer of any Customer Data (including the processing thereof) if Customer is outside the EEA and its processing does not fall within the scope of the Data Protection Legislation, whereas Clause 14 and 15 of the Standard Contractual Clauses specified in Appendix 3 shall apply to such transfer provided additionally that SocialScore combines Customer Data received from Customer with Customer Data collected by SocialScore in the EEA. Parties agree that when Standard Contractual Clauses specified in Appendix 3 apply to the processing and transfer of Customer Data, the other provisions of this DPA complement the provisions of Standard Contractual Clauses specified in Appendix 3 to the fullest extent permitted by law and by the provisions of the Standard Contractual Clauses specified in Appendix 3. Where the other provisions of the DPA contradicts the provisions of the Standard Contractual Clauses specified in Appendix 3, the Standard Contractual Clauses specified in Appendix 3 shall prevail.

DEFINITIONS

2.1 The terms used in the DPA shall have the same meaning as assigned to them below and in the Data Protection Legislation, which inter alia imply that:

(a) The term “Controller’s Email Address” means any email address provided for Controller’s user accounts with “administrator” role created at socialscore.io pursuant to the Agreement. If Controller accesses the Services without having created an account, Controller’s Email Address means any email address that SocialScore has on file of Controller;

(b) The term “Documentation” means the documentation of the Services as amended from time to time and available at: User Docs (socialscore.io);

(c) The term “DPA” means this data processing agreement together with its Appendices, and other documents explicitly referenced herein;

(d) The term “data controller” means anyone who alone or jointly with others determines the purposes and means of the processing of personal data; 

(e) The term “data processor” means anyone who processes personal data on behalf of the data controller;

(f) The term “Data Protection Legislation” means the applicable data protection legislation. As from 25 May 2018, Regulation (EU) 2016/679 of the European Parliament of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; the “GDPR”) and such national legislation implementing the GDPR is the applicable data protection legislation;

(g) The term “data subject” means identified or identifiable natural person;

(h) The terms “European Economic Area” or “EEA” means the economic area consisting of the territory of the EU Member States and the member states of the European Free Trade Association (Iceland, Liechtenstein and Norway), excluding Switzerland.

(i) The terms “EU Member States” means then-current member states of the European Union.

(j) The term “personal data” means any information that, directly or indirectly, can identify a living natural person;

(k) The term “Customer Data” means personal data that is processed by SocialScore on behalf of Customer;

(l) The term “Personal Data Breach” means breach of data security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed, as defined by GDPR;

(m) The term “processing” means any operation or set of operations performed with regard to personal data, whether or not performed by automated means, for example collection, recording, organisation, storage, adaptation or alteration, retrieval, gathering, use, disclosure by transmission, dissemination or otherwise making information available, alignment or combination, restriction, erasure or destruction;

(n) The term “Services” mean SocialScore’s marketing insight & fraud prevention services as provided from time to time;

(o) The term Standard Contractual Clauses means the standard agreement for Customer Data transfers (as defined in Data Protection Legislation) concluded between a data exporter and a data importer that fulfils the requirements of Article 46 GDPR, in particular the standard agreement as adopted by the European Commission by any of the following instruments:

as applicable to the situation at hand, provided that the referenced standard agreement may be deemed to provide appropriate safeguards within the meaning of Article 46(1) of GDPR pursuant to Article 4 of Commission Implementing Decision (EU) 2021/914. 

(p) The term “sub-processor” means a processor that is engaged by SocialScore. The sub-processor processes Customer Data on behalf of Controller in accordance with the sub-processor’s obligation to provide its services to SocialScore;

UNDERTAKING AND INSTRUCTION

3.1 SocialScore undertakes:

(a) to process and transfer Customer Data in accordance with the Data Protection Legislation, the Agreement and as further documented in any other written instructions given by Controller and acknowledged by SocialScore as constituting instructions for purposes of this DPA; 

(b) to inform Controller prior to processing that SocialScore is required by laws of the European Union or EU Member States, to which SocialScore is subject, to process Customer Data, provided that SocialScore is not prohibited to give such information on important grounds of public interest;

(c) to immediately inform Controller if, in its opinion, an instruction of Controller infringes applicable Data Protection Legislation. SocialScore will be under no obligation to follow such instruction, until the matter is resolved in good-faith between the parties;

(d) to keep Customer Data confidential and ensure that persons authorised to process Customer Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

(e) to implement all appropriate technical and organisational measures necessary in order to ensure a level of security, as required pursuant to the Data Protection Legislation, and necessary in order for SocialScore to comply with the security requirements set out in Appendix 1 of the DPA. SocialScore shall notify Controller about changes in the applied technical and organizational security measures that significantly affect the security of the processing of Customer Data;

(f) to assist Controller in the fulfilment of Controller’s obligation to respond to and to fulfil requests from data subjects exercising their rights laid down in the Data Protection Legislation taking into account the nature of the processing, by implementing appropriate technical and organisational measures, insofar as this is possible. SocialScore shall notify Controller in case of receiving a request to exercise the data subjects’ rights under the Data Protection Legislation without undue delay after receiving such request, and SocialScore should reasonably cooperate with Controller in addressing such request. Unless Controller otherwise instructs SocialScore, the notification of such request shall be sent to Controller’s Email Address. If Controller provided more than one Controller’s Email Address, notification sent to at least one of Controller’s Email Address shall be sufficient to comply with this section. SocialScore is not responsible or liable for responding to the data subject;

(g) to assist Controller in the implementation of appropriate technical and organisational measures, the notification of a Personal Data Breach to data protection supervisory authorities and affected data subjects, preparation of data protection impact assessments and prior consultation with data protection supervisory authorities. SocialScore shall make available to Controller all information necessary to demonstrate compliance with applicable Data Protection Legislation, to the extent Controller does not otherwise have access to the relevant information, and that such information is available to SocialScore. Except for negligible costs, SocialScore reserves the right to claim the reimbursement of costs and expenses incurred by SocialScore in connection with the provision of assistance to Controller under this DPA;

(h) to inform and consult with Controller without undue delay in the event that a data protection supervisory authority initiates or takes any action in relation to SocialScore with regard to the processing of Customer Data; and

(i) to process Customer Data only until the purposes of the processing for which the data was collected have been fulfilled, but in any case, at the latest until 1 year starting from the completion of the query to which Customer Data relate. Upon the expiration of this period, SocialScore shall delete or anonymize Customer Data, unless it follows from the requirements of European Union law or EU Member State law that SocialScore is required to store Customer Data for a longer period or unless Controller has instructed SocialScore otherwise.

AUDIT 

4.1 SocialScore shall facilitate and participate in audits, including inspections, carried out by Controller or by a third party authorised by Controller. If Controller uses a third party to carry out the audit that third party shall be a well-regarded international service provider that is not a competitor of SocialScore. Controller and third party authorised by Controller shall undertake confidentiality in relation to SocialScore’s confidential information prior to the audit. The details of the audits are subject to the prior approval of SocialScore. Controller shall carry out the audits at its own costs.

4.2 SocialScore may satisfy the audit obligation under this section by providing Customer with attestations, certifications and summaries of audit reports conducted by third party auditors. 

ENGAGING SUB-PROCESSORS 

5.1 Controller provides a general authorization to SocialScore to engage or replace a sub-processor for the performance of its duties and responsibilities under this DPA in accordance with the provisions of this section. 

5.2 The list of current sub-processors is attached as Appendix 2 to this DPA. Controller hereby provides written authorization to use sub-processors listed in Appendix 2. 

5.3 SocialScore will update Appendix 2 regularly. Controller may object to any new sub-processors within 14 days starting from the then-current update of Appendix 2. Any objection made by Controller regarding the use of any sub-processors has to be reasonable. SocialScore will within its discretion make all reasonable efforts necessary to accommodate the requests of Controller. If it is commercially reasonable SocialScore will review the possibility of finding another, equivalent sub-processor.

5.4 SocialScore and the sub-processor shall enter into a written data processing agreement that imposes substantively equivalent obligations on the sub-processor as those specified in this DPA and SocialScore shall ensure that the sub-processor provide appropriate level of protection for Customer Data as required by the Data Protection Legislation. 

5.5 Controller authorizes SocialScore to engage sub-processors which process Customer Data in a country outside the European Economic Area. Provided that the European Commission has not determined, in accordance with the Data Protection Legislation, that such country ensures an adequate level of protection to the processing of Customer Data, SocialScore undertakes to provide appropriate safeguards when transferring Customer Data to such sub-processors, in particular, to conclude Standard Contractual Clauses and to take all necessary steps to ensure that the transfer is lawful under the Data Protection Legislation. 

PUBLIC DATABASES AND PUBLICLY AVAILABLE PERSONAL DATA

6.1 Controller acknowledges that carrying out real-time queries from public databases and collecting publicly available information from social media providers constitutes an inherent part of certain functionalities of the Services. Controller acknowledges and authorizes SocialScore to use public database providers (in particular, DNSBL providers, data breach database providers, sanction list, etc.), and social media providers established within or outside the EEA to carry out queries on the basis of Customer Data and collect publicly available personal data to be able to provide the Services to Controller. Parties agree that in their assessment public database providers and social media providers shall be considered data controllers or third parties under the Data Protection Legislation.

REPORTING PERSONAL DATA BREACH

7.1 If SocialScore becomes aware of any Personal Data Breach, SocialScore shall notify Controller without undue delay and shall fully cooperate in order to reasonably remedy the issue. The notification shall include all available significant information on the circumstances of the Personal Data Breach.

7.2 The notification on Personal Data Breach shall be sent to Controller’s Email Address. If Controller provided more than one Controller’s Email Address, notification sent to at least one of Controller’s Email Address shall be sufficient to comply with this section.

7.3 SocialScore is not responsible or liable for notifying to any data protection supervisory authorities or inform data subjects about Personal Data Breach.

RESPONSIBILITIES OF CONTROLLER

8.1 Controller shall have sole responsibility for the accuracy, quality, and legality of Customer Data, the means by which Controller acquired Customer Data and for all other obligations imposed on Controller by Data Protection Legislation.

8.2 Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, Controller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the Data Protection Legislation. Those measures shall be reviewed and updated where necessary. Where proportionate in relation to the processing, the above measures shall include the implementation of appropriate data protection policies by Controller.

8.3 Controller shall inform the data subjects in accordance with Article 13-14 of the GDPR. 

8.4 Controller shall secure all necessary permissions, authorizations and consents for processing Customer Data and ensure that the processing of Customer Data is based on a valid legal basis provided in the Data Protection Legislation. 

8.5 Controller shall comply with the above Section 8.1-8.4 only if Controller falls within the scope of the Data Protection Legislation.

LIMITATION OF LIABILITY

9.1 Subject to the Section 9.2, neither party shall be responsible or liable under this DPA to the other party:

(a) for any indirect, exemplary, incidental, punitive, special or consequential damages; or 

(b) for any amounts that exceed the fees actually paid or payable by Controller to SocialScore under the Agreement in the twelve (12) months prior to the act that gave rise to the relevant claim. 

9.2 The limitation of liability provisions of the Agreement shall prevail over Section 9.1, and shall be applied mutatis mutandis in the context of this DPA.

9.3 Subject to Section 9.2 and 1, the responsibility and the liability of the parties shall be regulated by the applicable laws, in particular the Data Protection Legislation and the applicable civil law provisions.

TERM, TERMINATION

10.1 The DPA is effective from the date SocialScore starts processing Customer Data and for as long as SocialScore processes Customer Data. 

10.2 Parties may terminate this DPA anytime for any reason by providing thirty (30) days’ notice to the other party. Controller acknowledges that SocialScore will be under no obligation to provide the Services, until a Data Protection Legislation compliant data processing agreement is concluded between the parties.

10.3 Within thirty (30) days from the expiration of the Agreement or the receipt of the notice of termination, SocialScore shall delete (or anonymize) or, based on Controller’s instruction, return to Controller all Customer Data, and delete (or anonymize) existing copies unless the storage of Customer Data is required pursuant to European Union law or EU Member State’s law.

10.4 All provisions of this DPA that are expressly or consequently intended to be fulfilled or remain in force following the termination of this DPA shall fully remain in force following the termination of this DPA, in particular, Section 2 (Definitions), Section 8 (Responsibilities of Controller), Section 9 (Limitation of Liability), Section 10 (Term, Termination), Section 11 (Miscellaneous).

MISCELLANEOUS

11.1 Governing Law and Dispute Resolution. This DPA shall be governed by and construed in accordance with the laws of Bulgaria and the courts of Bulgaria shall have jurisdiction over any dispute, or claim arising out of, or in connection with this DPA, including its formation. Disputes regarding interpretation and application of this DPA shall be settled in accordance with the provisions in the Agreement regarding dispute resolution. . 

11.2 Amendments. This DPA shall be amended in accordance with the Agreement’s provisions on amendments. 

11.3 Severability. Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall be either: (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible; (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.

11.4 Entire Agreement. This DPA, together with its Appendixes supersedes and repeals all current or prior oral or written undertakings, covenants, agreements or communications, in particular all current or prior data processing agreements between Controller and SocialScore with respect to the subject matter of this DPA.

APPENDIX 1

DETAILS OF THE PROCESSING OF PERSONAL DATA

1. THE SUBJECT MATTER OF THE PROCESSING

Providing the Services of SocialScore.

2. THE NATURE AND PURPOSE OF THE PROCESSING

Fraud prevention by carrying out the processing as described in the Documentation (excluding flag and history function-related processing) and IT support, debugging the Services.

3. CATEGORIES OF DATA SUBJECTS 

The users of the services of Controller.

4. CATEGORIES OF PERSONAL DATA 

As described in the Documentation.

5. DURATION OF PROCESSING

SocialScore will process Customer Data relating to the query until 1 year starting from the completion of a query, unless Controller instructs SocialScore otherwise.

6. TECHNICAL AND ORGANISATIONAL SECURITY MEASURES 

SocialScore will be implementing all technical and organizational security measures required by ISO27001 standards.  

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

APPENDIX 2

LIST OF SUB-PROCESSORS

Service providerDescription of the service the sub-processor is providingServer locationSafeguards implemented for data transfer outside the EEA
GoogleHosting and computingIrelandStandard Contractual Clauses, if needed
SEONService providerHungaryStandard Contractual Clauses ISO27001

APPENDIX 3

PROCESSOR TO CONTROLLER STANDARD CONTRACTUAL CLAUSES

SECTION I

Clause 1

Purpose and scope

(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.

(b) The Parties:

(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in ANNEX I.A (hereinafter each ‘data exporter’), and

(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in ANNEX I.A. (hereinafter each ‘data importer’)

have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).

(c) These Clauses apply with respect to the transfer of personal data as specified in ANNEX I.B.

(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2

Effect and invariability of the Clauses

(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3

Third-party beneficiaries

(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:

(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;

(ii) Clause 8 – Clause 8.1 (b) and Clause 8.3(b);

(iii) [Not applicable in case of processor to controller relationships];

(iv) [Not applicable in case of processor to controller relationships];

(v) [Not applicable in case of processor to controller relationships];

(vi) Clause 15.1(c), (d) and (e);

(vii) Clause 16(e);

(viii) Clause 18.

(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4

Interpretation

(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6

Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in ANNEX I.B.

Clause 7

Docking clause [optional clause omitted]

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8

Data protection safeguards

The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.

8.1 Instructions

(a) The data exporter shall process the personal data only on documented instructions from the data importer acting as its controller.

(b) The data exporter shall immediately inform the data importer if it is unable to follow those instructions, including if such instructions infringe Regulation (EU) 2016/679 or other Union or Member State data protection law.

(c) The data importer shall refrain from any action that would prevent the data exporter from fulfilling its obligations under Regulation (EU) 2016/679, including in the context of sub-processing or as regards cooperation with competent supervisory authorities.

(d) After the end of the provision of the processing services, the data exporter shall, at the choice of the data importer, delete all personal data processed on behalf of the data importer and certify to the data importer that it has done so, or return to the data importer all personal data processed on its behalf and delete existing copies.

8.2 Security of processing

(a) The Parties shall implement appropriate technical and organisational measures to ensure the security of the data, including during transmission, and protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter ‘personal data breach’). In assessing the appropriate level of security, they shall take due account of the state of the art, the costs of implementation, the nature of the personal data, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects, and in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner.

(b) The data exporter shall assist the data importer in ensuring appropriate security of the data in accordance with paragraph (a). In case of a personal data breach concerning the personal data processed by the data exporter under these Clauses, the data exporter shall notify the data importer without undue delay after becoming aware of it and assist the data importer in addressing the breach.

(c) The data exporter shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

8.3 Documentation and compliance

(a) The Parties shall be able to demonstrate compliance with these Clauses.

(b) The data exporter shall make available to the data importer all information necessary to demonstrate compliance with its obligations under these Clauses and allow for and contribute to audits.

Clause 9

[Not applicable in case of processor to controller relationships.]

Clause 10

Data subject rights

The Parties shall assist each other in responding to enquiries and requests made by data subjects under the local law applicable to the data importer or, for data processing by the data exporter in the EU, under Regulation (EU) 2016/679.

Clause 11

Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

Clause 12

Liability

(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.

(b) Each Party shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages that the Party causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter under Regulation (EU) 2016/679.

(c) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.

(d) The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.

(e) The data importer may not invoke the conduct of a processor or sub-processor to avoid its own liability.

Clause 13

Supervision[Not applicable in case of processor to controller relationships.]

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES

Clause 14

Local laws and practices affecting compliance with the Clauses

(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.

(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:

(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;

(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;

(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.

(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.

(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.

(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15

Obligations of the data importer in case of access by public authorities

15.1 Notification

(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary, with the help of the data exporter) if it:

(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or

(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.

(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).

(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.

(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2 Review of legality and data minimisation

(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).

(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16

Non-compliance with the Clauses and termination

(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).

(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:

(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;

(ii) the data importer is in substantial or persistent breach of these Clauses; or

(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.

In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

(d) Personal data collected by the data exporter in the EU that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall immediately be deleted in its entirety, including any copy thereof. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.

(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17

Governing law

These Clauses shall be governed by the law of a country allowing for third-party beneficiary rights. The Parties agree that this shall be the law of Bulgaria.

Clause 18

Choice of forum and jurisdiction

Any dispute arising from these Clauses shall be resolved by the courts of Bulgaria.

ANNEX I.

A. LIST OF PARTIES

Data exporter(s):

Name: SocialScore (DSNTech LTD)

Address: Mladost 2, Sofia, Bulgaria

Contact person’s name, position and contact details: dpo@socialscore.io.

Activities relevant to the data transferred under these Clauses: As defined by Appendix 1 of the DPA.

Signature and date: Pursuant to Section 1.2 of the DPA.

Role (controller/processor): Processor.

Data importer(s):

Controller, as defined by the DPA.

Contact person’s name, position and contact details: Controller’s Email Address as defined by the DPA.

Activities relevant to the data transferred under these Clauses: As defined by Appendix 1 of the DPA.

Signature and date: Pursuant to Section 1.2 of the DPA.

Role (controller/processor): Controller.

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred: As specified under Section 3 of Appendix 1 of the DPA.

Categories of personal data transferred: As specified under Section 4 of Appendix 1 of the DPA.

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: Not applicable.

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis): Data is transferred on a continuous basis.

Nature of the processing: As specified under Section 2 of Appendix 1 of the DPA.

Purpose(s) of the data transfer and further processing: As specified under Section 2 of Appendix 1 of the DPA.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: As specified under Section 5 of Appendix 1 of the DPA.

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing: N/A.

DATA SHARING ADDENDUM

FOR USING THE HISTORY AND FLAG FUNCTIONALITIES

INTRODUCTION

1.1 SocialScore ( DSNTech LTD. company reg. no.: 207337125; registered seat: Mladost 2 Sofia, Bulgaria, EU; with service product “SocialScore”) have entered into a service agreement (the “Agreement”) with its customer (“Customer”, SocialScore and Customer are referred to as “Parties”) that govern the provision of the Services provided by SocialScore to Customer.

1.2  As part of the Services, SocialScore provides Customer with History Functionality and Flag Functionality (as defined below). With regards to these functionalities, SocialScore will process Functionality Data (as defined below) as Data Controller as regulated by this Data Sharing Addendum. This Data Sharing Addendum forms part of, and complements the provisions of the Agreement. Any issues not regulated by this Data Sharing Addendum shall be governed by the provisions of the Agreement.

1.3. By clicking through the click-through mechanism implemented by SocialScore at socialscore.io or by expressing its agreement otherwise, Customer agrees to this Data Sharing Addendum and this Data Sharing Addendum becomes a binding commitment between Customer and SocialScore.

DEFINITIONS

2.1 “Customer’s Email Address” means any email address provided for Customer’s or Authorized Users’ accounts with “administrator” role created at socialscore.io pursuant to the Agreement. If Customer or its Authorized Users accesses the Services without having created an account, Customer’s Email Address means any email address that SocialScore has on file of Customer.

2.2 “Data Controller” means data controller as defined by GDPR;

2.3 “Documentation” means the documentation of the Services as amended from time to time and available at socialscore.io

2.4 “End-users” mean natural persons using the services of Customer in the context of which SocialScore’s Services were deployed at Customer;

2.5 “History Functionality” means the functionality of the Service whereby SocialScore provides Customer with information on how many times an email address, IP address or phone number was checked in SocialScore’s or partner systems, and when was it checked last time;

2.6 “Information Notice” means the privacy notice.

2.7 “Flag Functionality” means the functionality of the Service whereby SocialScore provides Customer with information on whether an email address, phone number, IP address, or browser has been flagged as fraudulent in SocialScore’s or Parthner systems;

2.8 “Functionality Data” means Personal Data processed (including the maintenance of the database) by SocialScore in relation to History Functionality and Flag Functionality, as described by the Documentation;

2.9 “Services” mean the services that SocialScore directly offers from time to time through socialscore.io, including the use of socialscore.io;

2.10 “Personal Data” means personal data as defined by GDPR;

2.11 “Data Protection Legislation” means Regulation (EU) 2016/679 of the European Parliament of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; the “GDPR”) and such national legislation implementing the GDPR;

2.12 “Standard Contractual Clauses” mean the standard agreement for Functionality Data transfers (as defined in Data Protection Legislation) concluded between a data exporter and a data importer that fulfills the requirements of Article 46 GDPR, in particular, the standard agreement as adopted by the European Commission via Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council and as incorporated in Annex 1 to this Data Sharing Addendum.

RESPONSIBILITIES OF SOCIALSCORE AND CUSTOMER

3.1 Role of the parties. SocialScore and Customer state that they both act as independent Data Controller with regards to Functionality Data. SocialScore and Customer are solely responsible for compliance with the obligations imposed on each of them by the Data Protection Legislation with regards to each of their processing of the Functionality Data.

3.2 Cooperation. Customer shall provide reasonable cooperation and assistance to SocialScore to allow SocialScore to comply with its obligations as a Data Controller in respect of Functionality Data under the Data Protection Legislation.

3.3 Customer’s obligation to notify End-users. Prior to accessing and using History Functionality and Flag Functionality, Customer shall provide the Information Notice, or a materially equivalent notice to its End-users in a transparent, easily accessible manner, compliant with Data Protection Legislation that appropriately fulfills both SocialScore’s and Customer’s obligations to inform End-users about the processing of Functionality Data by SocialScore under the Data Protection Legislation.

3.4 Requests by End-users. Customer shall forward to SocialScore all requests of End-users for exercising the data subject’s rights laid down in the Data Protection Legislation provided that such requests concern SocialScore’s processing of Functionality Data.

3.5 Application of SCCs. Parties state that the Standard Contractual Clauses shall apply to the transfer from SocialScore to Customer of any Functionality Data (including the processing thereof) if Customer is outside the EEA and its processing does not fall within the scope of the Data Protection Legislation. Parties agree that when Standard Contractual Clauses apply to the processing and transfer of Functionality Data, the other provisions of this Data Sharing Addendum complement the provisions of Standard Contractual Clauses to the fullest extent permitted by law and by the provisions of the Standard Contractual Clauses. Where the other provisions of the Data Sharing Addendum contradict the provisions of the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.

Annex 1 of the Data Sharing Addendum

CONTROLLER TO CONTROLLER STANDARD CONTRACTUAL CLAUSES

SECTION I

Clause 1 – Purpose and scope

(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.

(b) The Parties:

(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data exporter’), and

(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each ‘data importer’)

have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).

(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.

(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2 – Effect and invariability of the Clauses

(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or adding other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3 – Third-party beneficiaries

(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:

(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;

(ii). Clause 8 – Clause 8.5 (e) and Clause 8.9(b);

(iii) Clause 12 – Clause 12(a) and (d);

(iv) Clause 13;

(v) Clause 15.1(c), (d) and (e);

(vi) Clause 16(e);

(vii) Clause 18 – Clause 18(a) and (b).

(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4 – Interpretation

(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5 – Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6 – Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7 – Docking clause

[optional clause omitted]

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8 – Data protection safeguards

The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organizational measures, to satisfy its obligations under these Clauses.

8.1 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B. It may only process the personal data for another purpose:

(i) where it has obtained the data subject’s prior consent;

(ii) where necessary for the establishment, exercise or defense of legal claims in the context of specific administrative, regulatory or judicial proceedings; or

(iii) where necessary in order to protect the vital interests of the data subject or of another natural person.

8.2 Transparency

(a) In order to enable data subjects to effectively exercise their rights pursuant to Clause 10, the data importer shall inform them, either directly or through the data exporter:

(i) of its identity and contact details;

(ii) of the categories of personal data processed;

(iii) of the right to obtain a copy of these Clauses;

(iv) where it intends to onward transfer the personal data to any third party/ies, of the recipient or categories of recipients (as appropriate with a view to providing meaningful information), the purpose of such onward transfer and the ground therefore pursuant to Clause 8.7.

(b) Paragraph (a) shall not apply where the data subject already has the information, including when such information has already been provided by the data exporter or providing the information proves impossible or would involve a disproportionate effort for the data importer. In the latter case, the data importer shall, to the extent possible, make the information publicly available.

(c) On request, the Parties shall make a copy of these Clauses, including the Appendix as completed by them, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including personal data, the Parties may redact part of the text of the Appendix prior to sharing a copy but shall provide a meaningful summary where the data subject would otherwise not be able to understand its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information.

(d) Paragraphs (a) to (c) are without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.3 Accuracy and data minimization

(a) Each Party shall ensure that the personal data is accurate and, where necessary, kept up to date. The data importer shall take every reasonable step to ensure that personal data that is inaccurate, having regard to the purpose(s) of processing, is erased or rectified without delay.

(b) If one of the Parties becomes aware that the personal data it has transferred or received is inaccurate, or has become outdated, it shall inform the other Party without undue delay.

(c) The data importer shall ensure that the personal data is adequate, relevant and limited to what is necessary in relation to the purpose(s) of processing.

8.4 Storage limitation

The data importer shall retain the personal data for no longer than necessary for the purpose(s) for which it is processed. It shall put in place appropriate technical or organisational measures to ensure compliance with this obligation, including erasure or anonymisation (1*) of the data and all back-ups at the end of the retention period.

8.5 Security of processing

(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organizational measures to ensure the security of the personal data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access (hereinafter ‘personal data breach’). In assessing the appropriate level of security, they shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subject. The Parties shall in particular consider having recourse to encryption or pseudonymization, including during transmission, where the purpose of processing can be fulfilled in that manner.

(b) The Parties have agreed on the technical and organizational measures set out in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.

(c) The data importer shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(d) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the personal data breach, including measures to mitigate its possible adverse effects.

(e) In case of a personal data breach that is likely to result in a risk to the rights and freedoms of natural persons, the data importer shall without undue delay notify both the data exporter and the competent supervisory authority pursuant to Clause 13. Such notification shall contain i) a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), ii) its likely consequences, iii) the measures taken or proposed to address the breach, and iv) the details of a contact point from whom more information can be obtained. To the extent it is not possible for the data importer to provide all the information at the same time, it may do so in phases without undue further delay.

(f) In case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the data importer shall also notify without undue delay the data subjects concerned of the personal data breach and its nature, if necessary in cooperation with the data exporter, together with the information referred to in paragraph (e), points ii) to iv), unless the data importer has implemented measures to significantly reduce the risk to the rights or freedoms of natural persons, or notification would involve disproportionate efforts. In the latter case, the data importer shall instead issue a public communication or take a similar measure to inform the public of the personal data breach.

(g) The data importer shall document all relevant facts relating to the personal data breach, including its effects and any remedial action taken, and keep a record thereof.

8.6 Sensitive data

Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions or offences (hereinafter ‘sensitive data’), the data importer shall apply specific restrictions and/or additional safeguards adapted to the specific nature of the data and the risks involved. This may include restricting the personnel permitted to access the personal data, additional security measures (such as pseudonymisation) and/or additional restrictions with respect to further disclosure.

8.7 Onward transfers

The data importer shall not disclose the personal data to a third party located outside the European Union (2*) (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) unless the third party is or agrees to be bound by these Clauses, under the appropriate Module. Otherwise, an onward transfer by the data importer may only take place if:

(i) it is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;

(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 of Regulation (EU) 2016/679 with respect to the processing in question;

(iii) the third party enters into a binding instrument with the data importer ensuring the same level of data protection as under these Clauses, and the data importer provides a copy of these safeguards to the data exporter;

(iv) it is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings;

(v) it is necessary in order to protect the vital interests of the data subject or of another natural person; or

(vi) where none of the other conditions apply, the data importer has obtained the explicit consent of the data subject for an onward transfer in a specific situation, after having informed him/her of its purpose(s), the identity of the recipient and the possible risks of such transfer to him/her due to the lack of appropriate data protection safeguards. In this case, the data importer shall inform the data exporter and, at the request of the latter, shall transmit to it a copy of the information provided to the data subject.

Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.8   Processing under the authority of the data importer

The data importer shall ensure that any person acting under its authority, including a processor, processes the data only on its instructions.

8.9   Documentation and Compliance

(a) Each Party shall be able to demonstrate compliance with its obligations under these Clauses. In particular, the data importer shall keep appropriate documentation of the processing activities carried out under its responsibility.

(b) The data importer shall make such documentation available to the competent supervisory authority on request.

Clause 9 – Use of sub-processors

[Not applicable in case of controller to controller relationships.]

Clause 10 – Data subject rights

(a) The data importer, where relevant with the assistance of the data exporter, shall deal with any enquiries and requests it receives from a data subject relating to the processing of his/her personal data and the exercise of his/her rights under these Clauses without undue delay and at the latest within one month of the receipt of the enquiry or request. (3*) The data importer shall take appropriate measures to facilitate such inquiries, requests and the exercise of data subject rights. Any information provided to the data subject shall be in an intelligible and easily accessible form, using clear and plain language.

(b) In particular, upon request by the data subject the data importer shall, free of charge:

(i) Provide confirmation to the data subject as to whether personal data concerning him/her is being processed and, where this is the case, a copy of the data relating to him/her and the information in Annex I; if personal data has been or will be onward transferred, provide information on recipients or categories of recipients (as appropriate with a view to providing meaningful information) to which the personal data has been or will be onward transferred, the purpose of such onward transfers and their ground pursuant to Clause 8.7; and provide information on the right to lodge a complaint with a supervisory authority in accordance with Clause 12(c)(i);

(ii) rectify inaccurate or incomplete data concerning the data subject;

(iii) erase personal data concerning the data subject if such data is being or has been processed in violation of any of these Clauses ensuring third-party beneficiary rights, or if the data subject withdraws the consent on which the processing is based.

(c) Where the data importer processes the personal data for direct marketing purposes, it shall cease processing for such purposes if the data subject objects to it.

(d) The data importer shall not make a decision based solely on the automated processing of the personal data transferred (hereinafter ‘automated decision’), which would produce legal effects concerning the data subject or similarly significantly affect him/her, unless with the explicit consent of the data subject or if authorized to do so under the laws of the country of destination, provided that such laws lay down suitable measures to safeguard the data subject’s rights and legitimate interests. In this case, the data importer shall, where necessary in cooperation with the data exporter:

(i) inform the data subject about the envisaged automated decision, the envisaged consequences and the logic involved;

(ii) implement suitable safeguards, at least by enabling the data subject to contest the decision, express his/her point of view and obtain review by a human being.

(e) Where requests from a data subject are excessive, in particular, because of their repetitive character, the data importer may either charge a reasonable fee taking into account the administrative costs of granting the request or refuse to act on the request.

(f) The data importer may refuse a data subject’s request if such refusal is allowed under the laws of the country of destination and is necessary and proportionate in a democratic society to protect one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679.

(g) If the data importer intends to refuse a data subject’s request, it shall inform the data subject of the reasons for the refusal and the possibility of lodging a complaint with the competent supervisory authority and/or seeking judicial redress.

Clause 11 – Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorized to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.

(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:

(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;

(ii) refer the dispute to the competent courts within the meaning of Clause 18.

(d) The Parties accept that the data subject may be represented by a not-for-profit body, organization or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.

(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.

(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12 – Liability

(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.

(b) Each Party shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages that the Party causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter under Regulation (EU) 2016/679.

(c) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.

(d) The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.

(e) The data importer may not invoke the conduct of a processor or sub-processor to avoid its own liability.

Clause 13 – Supervision

(a) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to inquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY
PUBLIC AUTHORITIES

Clause 14 – Local laws and practices affecting compliance with the Clauses

(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorizing access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.

(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular the following elements:

(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;

(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorizing access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;

(iii) any relevant contractual, technical or organizational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.

(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.

(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.

(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organizational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15 – Obligations of the data importer in case of access by public authorities

15.1   Notification

(a). The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:

(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or

(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them at the request of the data exporter.

(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).

(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.

(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2   Review of legality and data minimization

(a) The data importer agrees to review the legality of the request for disclosure, in particular, whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).

(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16 – Non-compliance with the Clauses and termination

(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).

(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:

(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;

(ii) the data importer is in substantial or persistent breach of these Clauses; or

(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.

In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.

(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17 – Governing law

These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Bulgaria.

Clause 18 – Choice of forum and jurisdiction

(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

(b) The Parties agree that those shall be the courts of Bulgaria.

(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.

(d) The Parties agree to submit themselves to the jurisdiction of such courts.

APPENDIX

ANNEX I.A – LIST OF PARTIES

Data exporter(s):

       Name: SocialScore

Address: Mladost 2, Sofia, Bulgaria;

Contact person’s name, position, and contact details: dpo@socialscore.io

Activities relevant to the data transferred under these Clauses: Providing History Functionality and Flag Functionality (as defined by the Data Sharing Addendum) to Customer.

Signature and date: As under the Data Sharing Addendum.

Role (controller/processor): Controller

Data importer(s):

Customer, as defined by the Data Sharing Addendum.

Contact person’s name, position, and contact details: Customer’s Email Address as defined by the Data Sharing Addendum.

Activities relevant to the data transferred under these Clauses: Receiving History Functionality and Flag Functionality (as defined by the Data Sharing Addendum) from SocialScore.

Signature and date:As under the Data Sharing Addendum.

Role (controller/processor): Controller.

ANNEX I.B – DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred: End-users (as defined by the Data Sharing Addendum).

Categories of personal data transferred: Functionality Data (as described by the Documentation).

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitations, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: Not applicable.

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis): Data is transferred on a continuous basis.

Nature of the processing: Providing the History Functionality and Flag Functionality to Customer (as described in the Documentation).

Purpose(s) of the data transfer and further processing: Enhancing fraud prevention services by identifying previously queried data points.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: 5 years after the completion of the query.

For transfers to (sub-) processors, also specify the subject matter, nature and duration of the processing: Not applicable.

ANNEX I.C – COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13: The supervisory authority competent pursuant to the single EU establishment of SocialScore, i.e. the Bulgarian data protection supervisory authority.

ANNEX II – TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

Description of the technical and organizational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.

For transfers to (sub-) processors, also describe the specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter: Not applicable.


(1*) This requires rendering the data anonymous in such a way that the individual is no longer identifiable by anyone, in line with recital 26 of Regulation (EU) 2016/679, and that this process is irreversible.

(2*) The Agreement on the European Economic Area (EEA Agreement) provides for the extension of the European Union’s internal market to the three EEA States Iceland, Liechtenstein and Norway. The Union data protection legislation, including Regulation (EU) 2016/679, is covered by the EEA Agreement and has been incorporated into Annex XI thereto. Therefore, any disclosure by the data importer to a third party located in the EEA does not qualify as an onward transfer for the purpose of these Clauses.

(3*) That period may be extended by a maximum of two more months, to the extent necessary taking into account the complexity and number of requests. The data importer shall duly and promptly inform the data subject of any such extension.

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