This privacy notice for Mailability.io ("Company," "we," "us," or "our") outlines how and why we may collect, store, use, and/or share ("process") your information when you utilize our services ("Services"), including when you:Visit our website at http://www.mailability.io, or any of our websites that link to this privacy noticeInteract with us in other related ways, including sales, marketing, or events

‍Questions or concerns?
This privacy notice will help you understand your privacy rights and options. If you disagree with our policies and practices, please refrain from using our Services. Should you have any questions or concerns, please reach out to us at support@mailability.io.

‍SUMMARY OF KEY POINTS
‍This summary highlights key points from our privacy notice. You can find more detailed information about each topic by clicking the corresponding link or using our table of contents below. Click here to navigate directly to our table of contents.

‍What personal information do we process?
When you visit, use, or navigate our Services, we may process personal information based on how you interact with Mailability.io and the Services, your preferences, and the products and features you utilize. Learn more.

‍Do we process any sensitive personal information?
We do not process sensitive personal information.

‍Do you receive any information from third parties?
We do not receive information from third parties.

‍How do you process my information?
We process your information to deliver, enhance, and administer our Services, communicate with you, ensure security and prevent fraud, and comply with legal requirements. We may also process your information for other purposes with your consent. We only process your information when we have a valid legal basis to do so. Learn more.

‍In what situations and with which parties do we share personal information?
We may share information in specific circumstances and with particular categories of third parties. Learn more.

‍How do we keep your information safe?
We have organizational and technical processes in place to safeguard your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise that hackers, cybercriminals, or other unauthorized parties will not be able to overcome our security and improperly collect, access, steal, or modify your information. Learn more.

‍What are your rights?
Based on your geographic location, applicable privacy laws may grant you certain rights regarding your personal information. Learn more.

‍How do I exercise my rights?
The most convenient way to exercise your rights is by contacting us at support@mailability.io. We will review and respond to any request in accordance with applicable data protection laws.Want to learn more about what Mailability.io does with any information we collect?

‍TABLE OF CONTENTS
‍WHAT INFORMATION DO WE COLLECT?
HOW DO WE PROCESS YOUR INFORMATION?
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE KEEP YOUR INFORMATION SAFE?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?CONTROLS FOR DO-NOT-TRACK FEATURESDO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

‍1. WHAT INFORMATION DO WE COLLECT?Personal information you disclose to usIn Short:
We collect personal information that you provide to us.We collect personal information that you voluntarily provide when you express interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or when you contact us directly.

‍Personal Information Provided by You.
The personal information we collect varies depending on the context of your interactions with us and the Services, your choices, and the products and features you use. The personal information we collect may include:Email addressesPhone numbersNamesMailing addressesBilling addresses

‍Sensitive Information.
We do not process sensitive information.All personal information you provide must be true, complete, and accurate, and you must notify us of any changes to such personal information.

‍Information automaticallycollectedIn Short:
Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (such as your name or contact information) but may include device and usage information, including your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily necessary to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.Similar to many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
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‍Log and Usage Data.
Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity in the Services (such as date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take, including which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

‍Device Data.
We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

‍Location Data.
We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note that if you choose to opt out, you may not be able to use certain aspects of the Services.

‍2. HOW DO WE PROCESS YOUR INFORMATION?In Short:
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.We process your personal information for various reasons, depending on how you interact with our Services, including:

• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.

• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.

• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below.

• To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.

• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.

• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

‍3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? In Short:
We may share information in specific situations described in this section and/or with the following categories of third parties.

‍Vendors, Consultants, and Other Third-Party Service Providers.
We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with are as follows:Cloud Computing ServicesCommunication & Collaboration ToolsData Storage Service ProvidersPayment ProcessorsSales & Marketing ToolsWe also may need to share your personal information in the following situations:

‍Business Transfers.
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

‍Business Partners.
We may share your information with our business partners to offer you certain products, services, or promotions.

‍4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? In Short:
We may use cookies and other tracking technologies to collect and store your information.We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

‍5. HOW LONG DO WE KEEP YOUR INFORMATION? In Short:
We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.We will only retain your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

‍6. HOW DO WE KEEP YOUR INFORMATION SAFE? In Short:
We aim to protect your personal information through a system of organizational and technical security measures.We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

‍7. DO WE COLLECT INFORMATION FROM MINORS? In Short:
We do not knowingly collect data from or market to children under 18 years of age.We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@mailability.io.

‍8. WHAT ARE YOUR PRIVACY RIGHTS? In Short:
You may review, change, or terminate your account at any time.

‍Withdrawing your consent:
If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

‍Opting out of marketing and promotional communications:
You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

‍Cookies and similar technologies:
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.If you have questions or comments about your privacy rights, you may email us at support@mailability.io.

‍9. CONTROLS FOR DO-NOT-TRACK FEATURES
‍Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

‍10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? In Short:
Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:Receiving help through our customer support channels;Participation in customer surveys or contests; andFacilitation in the delivery of our Services and to respond to your inquiries.

‍How do we use and share your personal information?
‍Mailability.io collects and shares your personal information through:• Beacons/Pixels/TagsMore information about our data collection and sharing practices can be found in this privacy notice.You may contact us by email at support@mailability.io.If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

‍Will your information be shared with anyone else?
‍We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.Mailability.io has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months.Mailability.io has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
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‍Category A.
Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.

‍Category B.
Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.

‍Category I.
Professional or employment-related information, such as business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us.The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?".

‍Your rights with respect to your personal dataRight to request deletion of the data — Request to delete
‍You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

‍Right to be informed — Request to know
‍Depending on the circumstances, you have a right to know:whether we collect and use your personal information;the categories of personal information that we collect;the purposes for which the collected personal information is used;whether we sell your personal information to third parties;the categories of personal information that we sold or disclosed for a business purpose;the categories of third parties to whom the personal information was sold or disclosed for a business purpose; andthe business or commercial purpose for collecting or selling personal information.In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

‍Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
‍We will not discriminate against you if you exercise your privacy rights.

‍Verification process
‍Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

‍Other privacy rights
‍You may object to the processing of your personal information.You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.To exercise these rights, you can contact us by email at support@mailability.io. If you have a complaint about how we handle your data, we would like to hear from you.

‍11. DO WE MAKE UPDATES TO THIS NOTICE? In Short:
Yes, we will update this notice as necessary to stay compliant with relevant laws.We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

‍12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
‍If you have questions or comments about this notice, you may email us at support@mailability.io 

‍13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
‍Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us.Data Processing Agreement This Data Processing Agreement ("DPA") forms an integral part of, and is subject to the Services Agreement, entered into by and between the ("Controller") and Ecommerce Email Retargetinge Ltd. d/b/a Mailability.io ("Processor") (the "Agreement").

Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Whereas, in connection with the performance of its obligations under the Agreement, Processor may Process Controller Personal Data (both as defined below) on behalf of the Controller; and  Whereas, the parties wish to set forth the mutual obligations with respect to the Processing of Controller Personal Data by the Processor;  

Now therefore, intending to be legally bound, the parties hereby agree as follows: Definitions. In addition to capitalized terms defined elsewhere in this DPA, the following terms shall have the meanings set forth below: "Applicable Law" means whichever legal regime is applicable to the Processing of Personal Data under this DPA, including but not limited to the following: Regulation 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, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR") and laws implementing or supplementing the GDPR; and/or The GDPR as amended and adopted into UK law in accordance with the European Union (Withdrawal) Act 2018 and the UK's Data Protection Act, 2018 (collectively, "UK GDPR"). The Swiss Data Protection Act ("FADP"). The California Consumer Privacy Act of 2018, Cal. Civil Code Title 1.81.5 and the regulations thereunder (collectively, "CCPA").

The Israel Protection of Privacy Law, 1981, all related regulations enacted thereunder and the Israel Privacy Protection Authority’s Guidelines and the Israeli Protection of Privacy Regulations (Information Security) – 2017 (collectively, "Israeli Privacy Law"). "Controller Personal Data" means any Personal Data Processed by Processor on behalf of Controller pursuant to or in connection with the Agreement. "Data Protection Laws" means Applicable Law and, to the extent applicable, the data protection or privacy laws of any other applicable country where the Services are delivered or as agreed in writing between the Parties. "Standard Contractual Clauses" means the standard contractual clauses for the transfer of Personal Data to data importers established in third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, as set out in Commission Implementing Decision (EU) 2021/914 and available at: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&qid=1640528660139&from=EN; "UK SCCs" shall mean the standard contractual clauses for the transfer of Personal Data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=en, where the text shall be considered to be amended to conform to the UK GDPR mutatis mutandis, including without limitation: (i) all references to the GDPR shall refer to the UK GDPR; (ii) all references to a Member State shall refer to the United Kingdom and (iii) all references to a supervisory authority shall mean the Information Commissioner's Office of the United Kingdom.

"Sub Processor" means any person (excluding an employee of Processor) appointed by or on behalf of Processor to Process Controller Personal Data on behalf of the Controller in connection with the Agreement. "Data Subject" shall mean the person whose Personal Data is Processed and both Data Subject as defined under the GDPR and Consumer as defined under the CCPA. "Personal Data" shall mean Personal Data as defined under the GDPR, 'Personal Information' as defined under the CCPA and 'Information' ('meida') as defined under Israeli Privacy Law, in each case, as applicable. "Processing" shall be as defined in the GDPR, the CCPA, and Israeli Privacy Law, in each case as applicable. The terms "Controller", "Personal Data Breach", "Processor", and "Supervisory Authority" shall have the meanings ascribed to them in the GDPR. The terms "Business", "Sell", "Share", and "Service Provider", shall have the meanings ascribed to them in the CCPA. Applicability and Roles of the Parties.  For Processing subject to the GDPR, UK GDPR, and/or the FADP: When Controller Personal Data is subject to the GDPR, UK GDPR, and/or the FADP, Controller serves as a Controller of such Personal Data and Processor serves as a Processor on its behalf.

In such case, the Applicable Law shall be as described in Sections 1.2.1, 1.2.2, and 1.2.3, respectively, and this DPA shall be interpreted accordingly. For Processing subject to the CCPA: When Controller Personal Data is subject to the CCPA, Controller serves as a Business with respect to such Personal Data and Processor serves as a Service Provider on its behalf. In such case, the Applicable Law shall be as described in Section 1.2.4 and this DPA shall be interpreted accordingly. For Processing subject to Israeli Privacy Law: When Controller Personal Data is subject to Israeli Law, Controller shall be considered the party controlling the database of Controller Personal Data and Processor serves as an outsourced service provider on its behalf. In such case, the Applicable Law shall be as described in Section 1.2.5 and this DPA shall be interpreted accordingly.  

Processing of Controller Personal Data. Processor shall Process Controller Personal Data on Controller's behalf and at Controller's instructions as specified in the Agreement and in this DPA, including without limitation with regard to transfers of Controller Personal Data to a third country or international organization. Any other Processing shall be permitted only in the event that such Processing is required by any Data Protection Laws to which the Processor is subject. In such event, Processor shall, unless prohibited by such Data Protection Laws on important grounds of public interest, inform Controller of that requirement before engaging in such Processing. Controller instructs Processor (and authorizes Processor to instruct each Sub Processor) (i) to Process Controller Personal Data for the provision of the services, as detailed in the Agreement ("Services") and as otherwise set forth in the Agreement and in this DPA, and/or as otherwise directed by Controller; and (ii) to transfer Controller Personal Data to any country or territory as reasonably necessary for the provision of the Services and in accordance with Applicable Law.  Controller sets forth the details of the Processing of Controller Personal Data in Schedule 1 (Details of Processing of Controller Personal Data), attached hereto.

For Processing subject to the CCPA: Processor undertakes that it shall not Sell or Share Personal Data when Processing Personal Data as a Service Provider and shall not retain, use, or disclose Personal Data for any commercial purpose other than providing the Services to Controller and as otherwise permitted under the Agreement. Controller. Controller represents and warrants that it has and shall maintain throughout the term of the Agreement and this DPA, all necessary rights to provide the Controller Personal Data to Processor for the Processing to be performed in relation to the Services and in accordance with the Agreement and this DPA. To the extent required by Data Protection Laws, Controller is responsible for obtaining any necessary Data Subject consents to the Processing, and for ensuring that a record of such consents is maintained throughout the term of the Agreement and this DPA and/or as otherwise required under Data Protection Laws.

International Data Transfers. To the extent that the Processor Processes Controller Personal Data relating to Data Subjects in the EU or Israel and such Processing is subject to GDPR or Israeli Privacy Law, and the Processing takes place in countries outside of the European Economic Area that do not provide an adequate level of data protection, as determined by the European Commission or other adequate authority as determined by the GDPR, the Standard Contractual Clauses shall apply and shall be incorporated herein upon execution of this Agreement by the parties. Annexes 1 and 2 attached hereto shall apply as Annexes 1 and 2 of the Standard Contractual Clauses. The Standard Contractual Clauses are modular, containing numerous sections that each pertain to a specific type of entity or transfer. For the purposes of this DPA and any transfers of data to third countries pursuant hereto, only the modular sections pertaining to module two (Controller to Processor) of the Standard Contractual Clauses shall apply, in addition to all general sections therein. Processor agrees to cooperate with Controller for the implementation of any technical measures as may be deemed necessary to permit the transfer of Controller Personal Data to countries outside of the European Economic Area on the basis of the Standard Contractual Clauses and agrees to provide information as needed in order to allow Controller to conduct a transfer impact assessment. To the extent that the Processor Processes Controller Personal Data that is protected by and subject to the UK GDPR and the Processor Processes such data in a country other than the United Kingdom whose data protection laws were deemed inadequate by the United Kingdom, the UK SCCs shall apply and shall be incorporated herein upon execution of this Agreement by the parties. Annexes 1 and 2 attached hereto shall apply as Appendixes 1 and 2 of the UK SCCs.

Processor agrees to cooperate with Controller for the implementation of any technical measures as may be deemed necessary to permit the transfer of Controller Personal Data to countries outside of the United Kingdom on the basis of the UK SCCs and agrees to provide information as needed in order to allow Controller to conduct a transfer impact assessment. To the extent a data transfer which is subject to the Standard Contractual Clauses in accordance with Section 4.1 above ("International Transfer") originated in Switzerland and such data transfer is subject to the FADP, Data Subjects from Switzerland shall have the right to conduct legal proceedings relating to the International Transfer in Switzerland. Until the revised Swiss Data Protection Act will enter into force, the Standard Contractual Clauses shall apply to Processor as a legal entity, to the extent similar provisions apply to legal entities under FADP.   Processor Employees. Processor shall take reasonable steps to ensure that access to the Controller Personal Data is limited on a need to know and/or access basis and that all Processor employees receiving such access are subject to confidentiality undertakings or professional or statutory obligations of confidentiality in connection with their access to and use of Controller Personal Data.  Security.  Processor shall implement appropriate technical and organizational measures to ensure an appropriate level of security of the Controller Personal Data as set forth in the Binding Security Document attached hereto as Schedule 2.

In assessing the appropriate level of security, Processor shall take into account the risks that are presented by the nature of the Processing and the information available to the Processor.  For Processing subject to Israeli Privacy Law: Processor shall implement information security measures and take all necessary measures as per the Israeli Privacy Law, in order to maintain the integrity, availability, confidentiality, survival and reliability of Personal Information of the Data Subjects, and comply with all provisions of the Israeli Privacy Law, including, and without limitation, the obligations of an "external party" under section 15 of the Protection of Privacy Regulations (Data Security), 5777-2017, which a "database owner" must oblige an external party within the framework of an outsourcing agreement (as such terms are defined in the Israeli Privacy Law), and all which are hereby explicitly incorporated in this DPA;  Processor will report, at least once a year, to Controller on the manner in which it is complying with its obligations under the Israeli Privacy Law and this DPA. Personal Data Breach.

Processor shall notify Controller without undue delay and, where feasible, immediately upon Processor becoming aware of a Personal Data Breach affecting Controller Personal Data. In such event, Processor shall provide Controller with reasonable and available information to assist Controller in meeting any obligations to inform Data Subjects or Supervisory Authorities of the Personal Data Breach as required under Applicable Law. At the written request of the Controller, Processor shall reasonably cooperate with Controller and take such commercially reasonable steps as are agreed by the parties or required under Applicable Law to assist in the investigation, mitigation and remediation of any Personal Data Breach. Sub Processing. Controller authorizes Processor to appoint (and permits each Sub Processor appointed in accordance with this Section 9 to appoint) Sub Processors in accordance with this Section 9.

Processor may continue to use those Sub Processors already engaged by Processor as identified to Controller as of the date of this DPA.  Processor may appoint new Sub Processors and shall give notice of any such appointment to Controller. If, within seven (7) days of such notice, Controller notifies Processor in writing of any reasonable objections to the proposed appointment, Processor shall not appoint the proposed Sub Processor for the Processing of Controller Personal Data until reasonable steps have been taken to address the objections raised by Controller and Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Controller's reasonable objections, each of Controller or Processor may, by written notice to the other party and with immediate effect, terminate the Agreement to the extent that it relates to the Services requiring the use of the proposed Sub Processor. In such event, the terminating party shall not bear any liability for such termination. With respect to each new Sub Processor, Processor shall: Prior to the Processing of Controller Personal Data by Sub Processor, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that Sub Processor is committed and able to provide the level of protection for Controller Personal Data required by this DPA; and ensure that the arrangement between the Processor and the Sub Processor is governed by a written contract, including terms that offer a materially similar level of protection for Controller Personal Data as those set out in this DPA and meet the requirements of Applicable Law.

Processor shall remain fully liable to the Controller for the performance of any Sub Processor's obligations. Data Subject Rights. Controller shall be solely responsible for compliance with any statutory obligations concerning requests to exercise Data Subject rights under Data Protection Laws (e.g., for access, rectification, deletion of Controller Personal Data, etc.). Processor shall, at Controller's sole expense, use commercially reasonable efforts to assist Controller in fulfilling Controller's obligations with respect to such Data Subject requests, as required under Data Protection Laws. Upon receipt of a request from a Data Subject under any Data Protection Laws in respect to Controller Personal Data, Processor shall promptly notify Controller of such request and shall not respond to such request except on the documented instructions of Controller or as required by Data Protection Laws to which the Processor is subject, in which case Processor shall, to the extent permitted by Data Protection Laws, inform Controller of such legal requirement prior to responding to the request. Data Protection Impact Assessment and Prior Consultation.

At Controller's written request and expense, the Processor and each Sub Processor shall provide reasonable assistance to Controller with respect to any Controller Personal Data Processed by Processor and/or a Sub Processor, with any data protection impact assessments or prior consultations with Supervisory Authorities or other competent data privacy authorities, as required under any Data Protection Laws. Deletion or Return of Controller Personal Data. Processor shall promptly and in any event within 60 (sixty) days of the date of cessation of provision of the Services to Controller involving the Processing of Controller Personal Data, delete, return, or anonymize all copies of such Controller Personal Data, provided however that Processor may retain Controller Personal Data, as permitted by applicable law. Audit Rights. Subject to Sections 13.2 and ‎13.3, Processor shall make available to an auditor mandated by Controller in coordination with Processor, upon prior written request, such information reasonably necessary to demonstrate compliance with this DPA and shall allow for audits, including inspections, by such reputable auditor mandated by the Controller in relation to the Processing of the Controller Personal Data by the Processor, provided that such third-party auditor shall be subject to confidentiality obligations.  Any audit or inspection shall be at Controller's sole expense and shall be subject to the terms of the Agreement, and subject to Processor's reasonable security policies and obligations to third parties, including with respect to confidentiality. The results of any audit or inspection shall be considered the confidential information of the Processor and subject to the confidentiality provisions under the Agreement. Controller and any auditor on its behalf shall use best efforts to minimize or avoid causing any damage, injury or disruption to the Processors' premises, equipment, employees and business and shall not interfere with the Processor's day-to-day business. Controller and Processor shall mutually agree upon the scope, timing and duration of the audit or inspection and the reimbursement rate, for which Controller shall be responsible.

Processor need not give access to its premises for the purposes of such an audit or inspection: to any individual, unless he or she produces reasonable evidence of identity and authority; if Processor was not given a prior written notice of such audit or inspection; outside of normal business hours at those premises, unless the audit or inspection needs to be conducted on an emergency basis; or for the purposes of more than one (1) audit or inspection in any calendar year, except for any additional audits or inspections which: Controller reasonably considers necessary because of genuine concern as to Processor's compliance with this DPA; or  Controller is required to carry out by Applicable Law, a Supervisory Authority or any similar regulatory authority responsible for the enforcement of Applicable Law in any country or territory where Controller has identified its concerns or the relevant requirement or request in its prior written notice to Processor of the audit or inspection. Processor shall immediately inform Controller if, in its opinion, an instruction received under this DPA infringes the GDPR or other applicable Data Protection Laws. Limitation of Liability. Controller shall indemnify and hold Processor harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the Processor and arising directly or indirectly out of or in connection with a breach of this DPA and/or the Data Protection Laws by Controller.

Each party's liability toward the other party shall be subject to the limitations on liability under the Agreement.  General Terms. Governing Law and Jurisdiction. The parties to this DPA hereby agree that the competent courts in Ireland shall have exclusive jurisdiction regarding all disputes hereunder, and the parties expressly consent to such jurisdiction.  This DPA and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of Ireland. To the extent that the Standard Contractual Clauses apply, the abovementioned jurisdiction shall be deemed the jurisdiction specified in Clause 17 of the Standard Contractual Clauses, provided that such law allows for third-party beneficiary rights. Order of Precedence. Nothing in this DPA reduces Processor's obligations under the Agreement in relation to the protection of Controller Personal Data or permits Processor to Process (or permit the Processing of) Controller Personal Data in a manner that is prohibited by the Agreement.  This DPA is not intended to, and does not in any way limit or derogate from Controller's obligations and liabilities towards the Processor under the Agreement and/or pursuant to Data Protection Laws or any law applicable to Controller in connection with the collection, handling and use of Controller Personal Data by Controller or other processors or their sub processors, including with respect to the transfer or provision of Controller Personal Data to Processor and/or providing Processor with access thereto.

Subject to this Section 15.2, with regard to the subject matter of this DPA, in the event of inconsistencies between the provisions of this DPA and any other agreements between the parties, including the Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this DPA, the provisions of this DPA shall prevail. In the event of inconsistencies between the provisions of this DPA and the Standard Contractual Clauses or UK SCCs (to the extent either applies), the Standard Contractual Clauses or UK SCCs, as applicable, shall prevail. Changes in Data Protection Laws. Controller may, by at least 45 (forty five) calendar days' prior written notice to Processor, request in writing any variations to this DPA if they are required as a result of any change in or decision of a competent authority under any Data Protection Laws in order to allow Controller Personal Data to be Processed (or continue to be Processed) without breach of that Data Protection Laws. If Controller gives notice with respect to its request to modify this DPA under Section ‎15.3.1, (i) Processor shall make commercially reasonable efforts to accommodate such modification request and (ii) Controller shall not unreasonably withhold or delay agreement to any consequential variations to this DPA proposed by Processor to protect the Processor against additional risks, or to indemnify and compensate Processor for any further steps and costs associated with the variations made herein. Severance. Should any provision of this DPA be held invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall either be (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.

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Schedule 1: Details of Processing of Controller Personal Data
This Schedule 1 includes certain details of the Processing of Controller Personal Data as required by Article 28(3) GDPR. Subject matter and duration of the Processing of Controller Personal Data. The subject matter and duration of the Processing of the Controller Personal Data are set out in the Agreement and this DPA. The nature and purpose of the Processing of Controller Personal Data: Providing the Services as detailed in the Agreement. The types of Controller Personal Data to be Processed are as follows: Name, personal and professional contact details (email and phone number), email activity data (usage status, marketing engagement, and open rates), IP address, unique browser/device identifier (cookie or device ID), email interaction data (receipt, open, response), website interaction data (visits, logins, page views), demographic data (inferred income/age, household size, homeownership), consumer interest data (product preferences, hobbies like pet ownership or sports/art interests) The categories of Data Subjects to whom the Controller Personal Data relates are as follows: Data Subjects who are visitors to Controller's website, prospects, recipients of emails The obligations and rights of Controller. The obligations and rights of Controller are set out in the Agreement and this DPA.

Schedule 2: Binding Security Document  Processor uses firewalls to protect its internet connection Processor uses the most appropriate secure settings for its devices and software. Processor controls who has access to your data and services.  Processor protects itself from viruses and other malware. Processor keeps its software and devices up-to-date. Processor regularly backs-up its data.
Description of Transfer Categories of Data Subjects whose personal data is transferredAs set out in Schedule 1
Categories of personal data transferredAs set out in Schedule 1 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 measuresNone The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).Continuous Nature of the ProcessingAs set out in Schedule 1 Purpose(s) of the data transfer and further ProcessingAs set out in Schedule 1 The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that periodAs determined by the Controller For transfers to (sub-) processors, also specify subject matter, nature and duration of the Processing
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Competent Supervisory Authority The competent supervisory authority regarding this transfer is the Irish Data Protection Commission in accordance with Clause 13.Annex 2 ANNEX 2 TO THE STANDARD CONTRACTUAL CLAUSES Description of the technical and organizational security measures implemented by the data importer in accordance with Clause 8.6 (or document/legislation attached): As described in Schedule 2.