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Data Processing Addendum

Last updated FEBRUARY 13, 2025

This Data Processing Addendum with its appendices (together, this “DPA”) is incorporated into the Subscription Agreement (or other electronic or mutually executed written agreement) between SFIS and Customer that references it (the “Agreement”). This DPA is effective as of the effective date of the Agreement.

1. Data Processing

1.1. Scope and Roles

This DPA applies when SFIS Processes Customer Personal Data in providing the Services under the Agreement to Customer. The Parties agree that SFIS is a Processor with respect to the Processing of Customer Personal Data.

1.2. Processing Details

SFIS will only Process Customer Personal Data in accordance with the Agreement, this DPA (including Appendix A and, if the CCPA applies to Customer’s use of the Services, Appendix C), and the Orders (together, the “Documented Instructions”). SFIS will promptly inform Customer if it becomes aware that the Documented Instructions violate Data Protection Laws.

1.3. Customer Obligations

Customer is responsible for ensuring that no special categories of Personal Data (under GDPR Article 9), Personal Data relating to criminal convictions and offenses (under GDPR Article 10), or similarly sensitive Personal Data (defined in Data Protection Laws) is submitted to SFIS for Processing.

1.4. Compliance with Laws

Each Party will comply with all the Data Protection Laws applicable to its performance under this DPA.

2. Duration

This DPA remains in effect until the later of (a) the expiration or termination of the Agreement, and (b) the return or deletion of Customer Personal Data.

3. Security and Confidentiality

SFISwill implement and maintain the technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access, as described in Appendix B (the “Technical and Organizational Measures”).

4. Subprocessors

4.1 Subprocessor Authorization

Customer generally authorizes SFIS to engage Subprocessors in accordance with this Section 4 and approves SFIS’s use of the Subprocessors listed in the Subprocessors List. SFIS will update the Subprocessors List at least 30 days before appointing a new Subprocessor and will notify Customer of new Subprocessors (a “Change Notice”).

4.2 Objections to Subprocessors

Customer may object to a new Subprocessor on reasonable grounds related to the protection of Customer Personal Data by sending an email to privacy@sfis.io describing its legitimate, good-faith objection within 15 days of a Change Notice (an “Objection Notice”), in which case SFIS may satisfy the objection by (a) not using the new Subprocessor to Process Customer Personal Data; (b) taking corrective steps requested by Customer in its Objection Notice; or (c) ceasing to provide the parts of the Services that involve the new Subprocessor Processing Customer Personal Data, subject to a mutual agreement of the Parties to adjust the remuneration for the Services considering their reduced scope. If none of the options outlined above are reasonably available and Customer’s objection has not been resolved to the Parties’ mutual satisfaction within 15 days of SFIS’s receipt of the Objection Notice, either Party may terminate the affected Order and SFIS will refund to Customer a pro rata share of any unused amounts prepaid by Customer under the applicable Order for the Services on the basis of the remaining portion of the current terms of the Order. If Customer does not provide a timely Objection Notice, Customer will be deemed to have authorized SFIS’s use of the Subprocessor and to have waived its right to object.

4.3. Subprocessor Requirements

SFIS will enter into a written agreement with each Subprocessor that contains data protection obligations equivalent to those in this DPA. SFIS will be liable for the actions and omissions of its Subprocessors undertaken in connection with SFIS’s performance under this DPA to the same extent SFIS would be liable if performing the Services directly.

5. Data Subject Requests

If SFIS receives a Data Subject Request, SFIS will (a) advise the Data Subject to submit the request to Customer directly, and (b) promptly notify Customer of the request. Where required by Data Protection Laws, SFIS will, on Customer’s request and taking into account the nature of Customer Personal Data Processed, provide reasonable assistance to Customer in fulfilling the Data Subject Request to the extent Customer is unable through its use of the Services to address a particular Data Subject Request on its own. To the extent permitted by Applicable Law, Customer will be responsible for any costs arising from SFIS’s assistance.

6. Personal Data Breaches

6.1. Breach Notification

SFIS will notify Customer without undue delay after becoming aware of a Personal Data Breach. SFIS’s notification to Customer will describe (a) the nature of the Personal Data Breach, including, if known, the categories and approximate number of Data Subjects and Personal Data records concerned; (b) the measures SFIS has taken, or plans to take, to respond to and mitigate the Personal Data Breach; (c) any measures SFIS recommends that Customer take to address the Personal Data Breach; and (d) information related to SFIS’s point of contact with respect to the Personal Data Breach. If SFIS cannot provide all the information above in the initial notification, SFIS will provide the information to Customer as soon as it is available.

6.2. Breach Response

SFIS will promptly take all actions relating to its Technical and Organizational Measures that it deems necessary and advisable to identify and remediate the cause of a Personal Data Breach.

6.3. General

SFIS’s notification of or response to a Personal Data Breach will not constitute an acknowledgment of fault or liability with respect to the Personal Data Breach. The obligations in this Section 6 do not apply to Personal Data Breaches that are caused by Customer, Authorized Users, or providers of Customer Components. Except as may otherwise be required by Applicable Law (including any mandated deadlines under Data Protection Laws), if Customer decides to notify a Supervisory Authority, Data Subjects, or the public of a Personal Data Breach, Customer will make reasonable efforts to provide SFIS with advance copies of the notice(s) and allow SFIS an opportunity to provide any clarifications or corrections to them.

7. Audits

7.1 Customer’s Audit Rights

Customer may request (directly or through a third-party auditor subject to written confidentiality obligations) an audit of SFIS to verify SFIS’s compliance with the terms of this DPA if such an audit is required by Data Protection Laws and SFIS’s compliance cannot be demonstrated by means that are less burdensome on SFIS. Any audit under this section must meet the following requirements: (a) Customer must provide SFIS at least 30 days’ prior written notice of a proposed audit unless otherwise required by a competent supervisory authority or Data Protection Laws; (b) Customer may not perform more than one audit in any 12-month period, except where required by a competent supervisory authority; (c) Customer and SFIS must mutually agree on the time, scope, and duration of the audit in advance; (d) Customer must reimburse SFIS for its time expended, and expenses, in connection with an audit at SFIS’s reasonable professional service rates, which will be made available to Customer on request; (e) Customer must ensure that its representatives performing an audit protect the confidentiality of all information obtained through the audit in accordance with the Agreement, execute an enhanced mutually agreeable nondisclosure agreement if requested by SFIS, and abide by SFIS’s security policies while on SFIS’s premises; and (f) Customer must promptly disclose to SFIS any written audit report created, and any findings of noncompliance discovered, as a result of the audit.

8. Data Transfers

The parties acknowledge that transfers of Customer Personal Data to SFIS that are subject to an applicable adequacy decision do not require a separate approved transfer mechanism. If a transfer of Customer Personal Data to SFIS is not subject to an applicable adequacy decision (a “Restricted Transfer”), the Restricted Transfer is made in accordance with the following.

8.1. Transfers from the EEA

Where a Restricted Transfer is made from the EEA, the SCCs are incorporated into this DPA and apply to the transfer as follows:

  1. Module Two applies where Customer is a Controller and SFIS is a Processor, and Module Three applies where both Customer and SFIS are Processors;
  2. in Clause 7, the optional docking clause does not apply;
  3. in Clause 9(a) of Modules Two and Three, Option 2 applies, and the period for prior notice of Subprocessor changes is set forth in Section 4 of this DPA;
  4. in Clause 11(a), the optional language does not apply;
  5. in Clause 17, Option 1 applies with the governing law being that of Ireland;
  6. in Clause 18(b), disputes will be resolved before the courts in Dublin, Ireland;
  7. Annex I of the SCCs is completed with the information in Appendix A to this DPA;
  8. Annex II of the SCCs is completed with the information in Appendix B to this DPA; and
  9. Annex III of the SCCs is completed with the information in the Subprocessors List.

8.2. Transfers from Switzerland

Where a Restricted Transfer is made from Switzerland, the SCCs are incorporated into this DPA and apply to the transfer as modified in Section 8.1, except that:

  1. in Clause 13, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner;
  2. references to “Member State” in the SCCs refer to Switzerland, and data subjects located in Switzerland may exercise and enforce their rights under the SCCs in Switzerland; and
  3. references to the “General Data Protection Regulation,” “Regulation 2016/679,” and “GDPR” in the SCCs refer to the Swiss Federal Act on Data Protection (as amended or replaced).

8.3. Transfers from the UK

Where a Restricted Transfer is made from the UK, the UK Transfer Addendum is incorporated into this DPA and applies to the transfer. The UK Transfer Addendum is completed with the information in Section 8.1, the Subprocessors List, and Appendices A and B to this DPA; and both “Importer” and “Exporter” are selected in Table 4.

8.4. Specific application of the SCCs

The following terms apply to the SCCs:

  1. Customer may exercise its audit rights under the SCCs as set out in Section 7 above.
  2. SFIS may appoint Subprocessors under the SCCs as set out in Section 4 above.
  3. With respect to Restricted Transfers made to SFIS, SFIS may neither participate in, nor permit any Subprocessor to participate in, any further Restricted Transfer unless the further Restricted Transfer is made in full compliance with Data Protection Laws and in accordance with applicable SCCs or an alternative legally compliant transfer mechanism.
  4. If any provision of this Section 8 is inconsistent with any terms in the SCCs, the SCCs prevail.

9. Limitation of Liability

Each Party’s liability taken together in the aggregate, arising out of or related to this DPA, whether in contract, tort, or under any other theory of liability, is subject to the limitation of liability provisions of the Agreement.

10. Conflict

In the event of a conflict or inconsistency between the Agreement, this DPA, and the SCCs, the terms of the following documents will prevail (in order of precedence): the SCCs; then this DPA; and then the Agreement.

11. Modifications

SFIS may change this DPA where (a) the change is required to comply with an Applicable Law; or (b) the change is commercially reasonable, does not materially reduce the security of the Services, does not change the scope of SFIS’s processing of Customer Personal Data, and does not have a material adverse impact on Customer’s rights under this DPA.

12. Definitions

Capitalized terms not otherwise defined in this DPA or the Agreement have the meanings assigned to them below.

“Controller” means the entity that determines the purposes and means of Processing Personal Data.

“Customer Data” if not defined in the Agreement, means data submitted to the Services for Processing by or on behalf of Customer.

“Customer Personal Data” means the Personal Data contained within Customer Data.

“Data Protection Laws” means data protection or privacy laws and regulations directly applicable to a Party’s Processing of Personal Data under the Agreement, including European Data Protection Laws.

“Data Subject” means the identified or identifiable natural person to whom Personal Data relates.

“Data Subject Request” means a request from a Data Subject exercising a right under Data Protection Laws that relates to Customer Personal Data and identifies Customer.

“EEA” means the European Economic Area.

“European Data Protection Laws” means the GDPR; the UK GDPR; and any national data protection laws, implementing regulations, or binding decisions made under the GDPR or the UK GDPR.

“GDPR” means the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing of Directive 95/46/EC.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Personal Data Breach” means a breach of SFIS’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data.

“Process” and “Processing” mean any operation or set of operations which is performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“Processor” means the entity that Processes Personal Data on behalf of a Controller.

“SCCs” means the standard contractual clauses for international transfers annexed to the European Commission’s commission implementing decision on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679, published on June 4, 2021, including as incorporated into the UK Transfer Addendum, if applicable.

“Subprocessor” means any Processor engaged by SFIS or a SFIS Affiliate to Process Customer Personal Data on SFIS’s or its Affiliate’s behalf while providing the Services.

“Subprocessors List” means the list of Subprocessors available here.

“UK” means the United Kingdom.

“UK GDPR” means the EU GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018.

“UK Transfer Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses, published by the UK Information Commissioner’s Office on March 21, 2022.

13. Appendix A – Details of Data Transfers

A. LIST OF PARTIES

Data exporter(s):

Name: Customer.

Address: The address for Customer associated with its SFIS account or as otherwise stated in the Agreement.

Contact person’s name, position, and contact details: The contact details for Customer associated with its SFIS account or as otherwise stated in the Agreement.

Activities relevant to the data transferred under these Clauses: Processing Personal Data for the purpose of providing, supporting, and improving the Services.

Signature and date: The parties agree that execution of the Agreement constitutes execution of this Appendix A by both parties.

Role (controller/processor): Processor or Controller.

Data importer(s):

Name: SFIS, Inc.

Address: Single Thread Solutions, Inc., 1777 Yosemite Ave, #235, San Francisco, CA 94124, USA

Contact person’s name, position, and contact details: The contact details for SFIS as stated in the Agreement. SFIS’s privacy team can be contacted at privacy@sfis.io.

Activities relevant to the data transferred under these Clauses: Processing Personal Data for the purpose of providing, supporting, and improving the Services.

Signature and date: The parties agree that execution of the Agreement constitutes execution of this Appendix A by both parties.

Role (controller/processor): Processor.

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred

The data subjects may include Customer’s employees, customers, vendors, and end users.

Categories of personal data transferred

The Personal Data that is sent to SFIS by, or on behalf of, Customer for the purpose of using the Services.

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.

No sensitive data is transferred.

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

Personal Data is transferred on a continuous basis.

Nature of the processing

Analysis, storage, and other Services as described in the Agreement, Order(s), DPA, and Documentation.

Purpose(s) of the data transfer and further processing

For SFIS to provide, support, and improve the Services.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period Personal Data is retained in accordance with either Customer’s configuration of the Services or the retention schedules outlined in the Documentation. For transfers to (sub-) processors, also specify subject matter, nature, and duration of the processing The subject matter of Personal Data transferred to Subprocessors is Customer Personal Data, which is transferred to Subprocessors to provide, support, and improve the Services, as outlined in the agreements between Customer and SFIS.

C. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13 The competent supervisory authority determined in accordance with Data Protection Laws. Appendix B – Technical and Organizational Measures As of the date of this DPA, SFIS’s technical and organizational measures include the following.

14. Appendix B – Technical and Organizational Measures

As of the date of this DPA, SFIS’s technical and organizational measures include the following.

1. Data Security

  • SFIS maintains technical safeguards and other security measures to ensure the security and confidentiality of Customer Personal Data.
  • SFIS logically segregates Customer Personal Data in the production environment.

2. Encryption and Key Management

  • SFIS maintains policies and procedures for the management of encryption mechanisms and cryptographic keys in SFIS’s cryptosystem.
  • SFIS enlists encryption at rest and in transit between public networks, as applicable, according to industry-standard practice.

15. Appendix C – CCPA Terms

These CCPA Terms apply when the California Consumer Privacy Act of 2018, Cal. Civ. Code §§1798.100–1798.199.100, as amended, and the CCPA regulations, Cal. Code Regs. §§7000–7304 (together, the “CCPA”) apply to Customer’s use of the Services to process the Personal Information contained in Customer Data (“Covered Information”). For the purpose of these CCPA Terms, the terms “Commercial Purpose”, “Consumer”, “Personal Information”, “Sell”, “Service Provider”, and “Share” have the meanings given to them in the CCPA.

1. SFIS’s Obligations

SFIS will(a) not Sell or Share Covered Information; (b) process Covered Information only to provide, support, and improve the Services in accordance with the Agreement or Orders, or as otherwise permitted under the CCPA; (c) not retain, use, or disclose Covered Information (i) for any purpose, including any Commercial Purpose, except to provide, support, and improve the Services in accordance with the Agreement or Orders, or as otherwise permitted under the CCPA, (ii) outside the direct business relationship between SFIS and Customer, or (iii) in any way prohibited by the CCPA; (d) not combine the Covered Information it receives from, or on behalf of, Customer with Personal Information it receives from, or on behalf of, another person or from SFIS’s own interactions with the Consumer to whom the Personal Information relates, except to the extent a Service provider is permitted to do so under the CCPA; (e) comply with all applicable obligations under, and provide the same level of privacy protection to Covered Information as required by, the CCPA; (f) notify Customer if it believes it cannot meet its obligations under the CCPA; and (g) on Customer’s request and taking into account the nature of the Covered Information processed, provide reasonable assistance to Customer in fulfilling consumer requests made under the CCPA to the extent Customer is unable through its use of the Services to address a particular request on its own.

2. Customer’s Obligations and Rights

Customer may(a) only disclose Covered Information to SFIS for the limited purpose of using the Services in accordance with the Agreement; (b) audit SFIS’s compliance with its obligations under these CCPA terms by requesting and reviewing (i) copies of or extracts from SFIS’s audit reports related to the security of the Services, or (ii) other information SFIS deems is reasonably necessary to demonstrate SFIS’s compliance; and (c) upon notice to SFIS, take reasonable and appropriate steps to stop and remediate any unauthorized use of Covered Information by SFIS.