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Data Processing Addendum (DPA)

This Data Processing Addendum (“DPA”) forms part of the stayhome.ai Terms of Service, or other agreement governing the use of stayhome.ai’s services (“Agreement”) entered by and between you, the Customer (as defined in the Agreement) (collectively, “you”, “your”, “Customer”), and Stayhome Inc. (“stayhome.ai”, “us”, “we”, “our”) to reflect the parties’ agreement with regard to the Processing of Personal Data by stayhome.ai solely on behalf of the Customer. Both parties shall be referred to as the “Parties” and each, a “Party”. Capitalized terms not defined herein shall have the meanings assigned to such terms in the Agreement. By using the Service, Customer accepts this DPA and you represent and warrant that you have full authority to bind the Customer to this DPA. If you cannot, or do not agree to, comply with and be bound by this DPA, or do not have authority to bind the Customer or any other entity, please do not provide Personal Data to us. In the event of any conflict between certain provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement solely with respect to the Processing of Personal Data.

ANNEX 1 – DETAILS OF THE PROCESSING

Nature and Purpose of Processing
Duration of Processing
Subject to any Section of the DPA and/or the Agreement dealing with the duration of the Processing and the consequences of the expiration or termination thereof, Processor will Process Personal Data pursuant to the DPA and Agreement for the duration of the Agreement, unless otherwise agreed upon in writing.
Type of Personal Data
Customer may submit Personal Data to the Service, the extent of which is determined and controlled by Customer in its sole discretion.
Categories of Data Subjects
Customer may submit Personal Data to the Service which may include, but is not limited to, Personal Data relating to the following categories of Data Subjects:

ANNEX 2 – STANDARD CONTRACTUAL CLAUSES (SCC) (Controller to Processors)

The data exporter and the data importer, as defined under this DPA or other agreement or addendum effectively governing the processing of personal data by the data importer on behalf of the data exporter, including all annexes, exhibits and appendices thereto (“DPA”), each a “party“; together the “parties“, have agreed on the following Contractual Clauses (“Clauses“) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1 – Definitions

For the purposes of the Clauses:

Clause 2 – Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3 – Third-party beneficiary clause

Clause 4 – Obligations of the data exporter

The data exporter agrees and warrants:

Clause 5 – Obligations of the data importer

The data importer agrees and warrants:

Clause 6 – Liability

Clause 7 – Mediation and jurisdiction

Clause 8 – Cooperation with supervisory authorities

Clause 9 – Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10 – Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11 – Subprocessing

Clause 12 – Obligation after the termination of personal data processing services

APPENDIX 1

to the Standard Contractual Clauses Data exporter The data exporter is the entity identified as “Customer” or “Controller” in the DPA.Data importer The data importer is Stayhome Inc., a provider of web services, and/or its sub-processor (as such term is used in the DPA), as determined by Stayhome Inc. in accordance with the terms of the DPA concerning cross-border data transfers. Data subjects The personal data transferred concern the categories of data subjects defined in the DPA.Categories of data The personal data transferred concern the categories of data defined in the DPA.Processing operations The personal data transferred will be subject to the basic processing activities defined in Annex 1 to the DPA.

APPENDIX 2

to the Standard Contractual Clauses Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached): The technical and organisational security measures implemented by the data importer are as described in the DPA.

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