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MikanDev Data Processing Agreement

MikanDev is a Japanese organization and our data infrastructure is based in Finland and Japan, a safe third country designated by the EU. Both are covered by the EU’s strong data privacy laws. Processing and storing data in a secure, fair, and transparent way is extremely important to us.

This Data Processing Agreement (“DPA”) is an addendum to the Terms of Service between MikanDev and the customer.

If you are accepting this DPA on behalf of your customer, you warrant that: (a) you have full legal authority to bind your customer to this DPA; (b) you have read and understand this DPA; and (c) you agree, on behalf of your customer, to this DPA.

These service terms incorporate the MikanDev Data Processing Agreement” (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of MikanDev services to process visitor data as defined in the DPA. We protect and secure your visitor data to the high standards set out in the agreement.

1. This Data Processing Agreement (“Agreement“) forms part of the Contract for Services (“Principal Agreement“) between

The customer

and

MikanDev

(the “Data Processor”) (together as the “Parties”)

2. Processing of Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Personal Data; and

2.1.2 not Process Personal Data other than on the relevant Company’s documented instructions.

2.2 The instructs Processor to process Personal Data.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint (or disclose any Personal Data to) any Subprocessor unless required or authorized by the Company.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify if it receives a request from a Data Subject under any Data Protection Law in respect of Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify without undue delay upon Processor becoming aware of a Personal Data Breach affecting Personal Data, providing with sufficient information to allow the to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the and take reasonable commercial steps as are directed by to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within

10 business days of the date of cessation of any Services involving the Processing of Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Personal Data.

10. Audit rights

10.1 Subject to this section 10, Processor shall make available to the on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the or an auditor mandated by the in relation to the Processing of the Personal Data by the Contracted Processors.

10.2 Information and audit rights of the only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.