8 Data Processing Agreement

8.1 Statement

This Data Processing Agreement with EU Standard Contractual Clauses (Processors), (the “DPA”) supplements the Da Capo Academy Service Agreement between Da Capo Academy and the Customer agreeing to these terms (the “Agreement”).

Capitalised terms used, but not defined, in this DPA are defined in the Agreement.

8.2 Details of Processing

Details of Da Capo Academy’s role as a processor of Personal Data under the Agreement are set forth below:

a) Subject Matter of the Personal Data Processing: The provision of the Services by Da Capo Academy to Customer.

b) Duration of the Personal Data Processing: The Term, and any period after the Term prior to Da Capo Academy’s deletion of Customer Data.

c) Nature and Purpose of the Personal Data Processing: To enable Customer to receive and Da Capo Academy to provide the Services.

d) Categories of Personal Data: To the extent the Customer Data contains Personal Data, it may consist of end users identifying information and organization data (both on-line and offline) as well as documents, images and other content or data in electronic form stored or transmitted by End Users via the Services.

e) Data Subjects: To the extent the Customer Data contains Personal Data, it may concern Customer’s End Users, as well as any individuals collaborating or sharing with these End Users.

8.3 Application

This DPA applies as follows:

a) the EU Standard Contractual Clauses apply to data processed by the Services as this term is defined in the Agreement, and future variations of the Services, but does not apply to Beta Services.

8.4 Effect of DPA

If a provision in this DPA conflicts with a provision in the Agreement, then this DPA will control. The Agreement will remain in full force and effect and will be unchanged except as modified by this DPA. This DPA and the EU Standard Contractual Clauses will terminate automatically upon expiration or termination of the Agreement.