Common use of Non-compliance with the Clauses and termination Clause in Contracts

Non-compliance with the Clauses and termination. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason. 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). The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where: 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; the data importer is in substantial or persistent breach of these Clauses; or 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. 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. 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.

Non-compliance with the Clauses and termination. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason. 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). The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where: 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; the data importer is in substantial or persistent breach of these Clauses; or 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. 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 at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to , including any copies of the datacopy 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. 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.

Non-compliance with the Clauses and termination. Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The data importer processor shall promptly inform the data exporter if controller in case it is unable to comply with these Clauses, for whatever reason. 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). The data exporter controller shall be entitled to terminate the contract, contract insofar as it concerns processing of personal data in accordance with these Clauses if: the processing of personal data under these Clauses, where: by the data exporter processor has been suspended by the transfer of personal data to the data importer controller pursuant to paragraph point (ba) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month of following suspension; the data importer processor is in substantial or persistent breach of these ClausesClauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; or the data importer processor fails to comply with a binding decision of a competent court or the competent supervisory authority authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses. In these casesClauses where, it shall inform after having informed the competent supervisory authority of such non-compliance. Where the contract involves more than two Partiescontroller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the data exporter may exercise this right to termination only controller insists on compliance with respect to the relevant Party, unless the Parties have agreed otherwiseinstructions. Personal data that has been transferred prior to the Following termination of the contract pursuant to paragraph (c) shall contract, the processor shall, at the choice of the controller, delete all personal data exporter immediately be returned processed on behalf of the controller and certify to the data exporter or deleted in its entirety. The same shall apply to any copies of controller that it has done so, or, return all the data. The data importer shall certify the deletion of the personal data to the data exportercontroller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the data importer processor shall continue to ensure compliance with these Clauses. In case ANNEX I List of local laws applicable to the data importer that prohibit the return or deletion parties Controller(s): [Identity and contact details of the transferred controller(s), and, where applicable, of the controller’s data protection officer] | Name Xxxxxxxx Xxxxxxxx | Address Xxxxxxxxx 0000/00, 00000 Xxxxx, XX Xxxxx Xx. No. 75263815 Signature and accession date: March 17, 2022 ANNEX II Description of the processing Categories of data subjects whose personal datadata is processed Processor processes personal data of the users of the Software. This can be ● Admin Users (persons who are entitled to manage content and configuration of Product Fruits) or ● End Users (persons who use the Customer Application together with Product Fruits in-app assistance (content edited by Admin users) and who can be e.g. Customer's clients, 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 lawprospective clients and/or Customer´s employees). 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 Categories of personal data processed Function of processed data category Data categories processed by Processor if data subject is an Admin User Data categories processed by Processor if data subject is an End User Identifier Email address IDOptional*: email address Metadata for secure operation of systems IP address, URL, browser type and version, time zone and language settings of users. Custom attributes Roles & Permissions, Login information Optional*: Attributes that are defined by Customer Interaction data of User with Product Fruits Audit log of changes made to which these Clauses apply; configuration and content elements Usage of Product Fruits content elements (e.g. Tour played, Announcement seen, ...) Interaction data of User with Customer Application Optional*: Usage of specifically defined features in Customer Application Optional*: Interactions (e.g. page visits, clicks) in Customer Application * Optional features and data fields can be enabled or (ii) Regulation (EU) 2016/679 becomes part configured by the Customer. Nature of the legal framework of the country processing Product Fruits provides a Digital Adoption Platform as a Cloud Software as a Service to help users to use Customer Applications by providing i n-app assistance. Purpose(s) for which the personal data is transferred. This is without prejudice to other obligations applying to processed on behalf of the processing in question under Regulation (EU) 2016/679.controller

Non-compliance with the Clauses and termination. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason. 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). The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where: 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; the data importer is in substantial or persistent breach of these Clauses; or 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 and the controller 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. 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. 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.

Non-compliance with the Clauses and termination. Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The data importer processor shall promptly inform the data exporter if controller in case it is unable to comply with these Clauses, for whatever reason. 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). The data exporter controller shall be entitled to terminate the contract, contract insofar as it concerns processing of personal data in accordance with these Clauses if: the processing of personal data under these Clauses, where: by the data exporter processor has been suspended by the transfer of personal data to the data importer controller pursuant to paragraph point (ba) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month of following suspension; the data importer processor is in substantial or persistent breach of these ClausesClauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; or the data importer processor fails to comply with a binding decision of a competent court or the competent supervisory authority authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses. In these casesClauses where, it shall inform after having informed the competent supervisory authority of such non-compliance. Where the contract involves more than two Partiescontroller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the data exporter may exercise this right to termination only controller insists on compliance with respect to the relevant Party, unless the Parties have agreed otherwiseinstructions. Personal data that has been transferred prior to the Following termination of the contract pursuant to paragraph (c) shall contract, the processor shall, at the choice of the controller, delete all personal data exporter immediately be returned processed on behalf of the controller and certify to the data exporter or deleted in its entirety. The same shall apply to any copies of controller that it has done so, or, return all the data. The data importer shall certify the deletion of the personal data to the data exportercontroller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the data importer processor shall continue to ensure compliance with these Clauses. In case ANNEX I List of local laws applicable to the data importer that prohibit the return or deletion parties Controller(s): [Identity and contact details of the transferred controller(s), and, where applicable, of the controller’s data protection officer] | Name Xxxxxxxx Xxxxxxxx | Address Xxxxxxxxx 0000/00, 00000 Xxxxx, XX Xxxxx Xx. No. 75263815 Signature and accession date: March 17, 2022 ANNEX II Description of the processing Categories of data subjects whose personal datadata is processed Processor processes personal data of the users of the Software. This can be ● Admin Users (persons who are entitled to manage content and configuration of Product Fruits) or ● End Users (persons who use the Customer Application together with Product Fruits in-app assistance (content edited by Admin users) and who can be e.g. Customer's clients, 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 lawprospective clients and/or Customer´s employees). 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 Categories of personal data processed Function of processed data category Data categories processed by Processor if data subject is an Admin User Data categories processed by Processor if data subject is an End User Identifier Email address ID Optional*: email address Metadata for secure operation of systems IP address, URL, browser type and version, time zone and language settings of users. Custom attributes Roles & Permissions, Login information Optional*: Attributes that are defined by Customer Interaction data of User with Product Fruits Audit log of changes made to which these Clauses apply; configuration and content elements Usage of Product Fruits content elements (e.g. Tour played, Announcement seen, ...) Interaction data of User with Customer Application Optional*: Usage of specifically defined features in Customer Application Optional*: Interactions (e.g. page visits, clicks) in Customer Application * Optional features and data fields can be enabled or (ii) Regulation (EU) 2016/679 becomes part configured by the Customer. Nature of the legal framework of the country processing Product Fruits provides a Digital Adoption Platform as a Cloud Software as a Service to help users to use Customer Applications by providing i n-app assistance. Purpose(s) for which the personal data is transferred. This is without prejudice to other obligations applying to processed on behalf of the processing in question under Regulation (EU) 2016/679.controller