Privacy & Legal / Master Service Agreement (MSA)

Annex № 2
to the Master Service Agreement
№_ as of _

Data processing agreement

Last updated: 02.08.2023

This Annex 2 «Data Processing Agreement» is applicable if the Customer is incorporated within the EU. GDPR is applicable to processing of the Customer’s database because the Contractor and the Customer are both the EU entities.

STANDARD CONTRACTUAL CLAUSES

SECTION I

Clause 1

Purpose and scope

(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.

(d) Annexes I to IV are an integral part of the Clauses.

(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

Clause 2

Invariability of the Clauses

(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

Clause 3

Interpretation

(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679/ Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 4

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 5 — Optional

Docking clause

(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.

(b) Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.

(c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.

SECTION II

OBLIGATIONS OF THE PARTIES

Clause 6

Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.

Clause 7

Obligations of the Parties

1. Instructions

(a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.

(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.

7.2. Purpose limitation

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.

7.3. Duration of the processing of personal data

Processing by the processor shall only take place for the duration specified in Annex II./her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

7.4. Security of processing

(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5. Sensitive data

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences («sensitive data»), the processor shall apply specific restrictions and/or additional safeguards.

7.6. Documentation and compliance

(a) The Parties shall be able to demonstrate compliance with these Clauses.

(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.

(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

7.7. Use of sub-processors

(a) GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 5 working days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.

(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.

(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.

(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby — in the event the processor has factually disappeared, ceased to exist in law or has become insolvent — the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

7.8. International transfers

(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.

(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

Clause 8

Assistance to the controller

(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.

(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions.

(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:

(i) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
(ii) the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
(iii) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
(iv) the obligations in Article 32 of Regulation (EU) 2016/679.

(d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

Clause 9

Notification of personal data breach

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.

9.1. Data breach concerning data processed by the controller

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:

(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);

(b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:

(1) the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
(2) the likely consequences of the personal data breach;
(3) the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

(c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

9.2. Data breach concerning data processed by the processor

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:

(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

(b) the details of a contact point where more information concerning the personal data breach can be obtained;

(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.

SECTION III

FINAL PROVISIONS

Clause 10

Non-compliance with the Clauses and termination

(a) 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 processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.

(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

(1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
(2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;
(3) the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

(d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.

ANNEX I

List of parties

1. Controller(s):

Name:

Address:

Contact person’s name, position and contact details:

Activities relevant to the data transferred under these Clauses: Processings indicated in Annex II «Description of processing» below.

Signature and date:

Processor:

Name: Mindbox.Cloud B.V.

Address: Strawinskylaan 613, 1077XX Amsterdam, the Netherlands

Contact person’s name, position and contact details: Data Privacy Manager, dpo@mindbox.cloud

Activities relevant to the data transferred under these Clauses: provider of the Maestra Service that is a software for marketing automation which is distributed as SaaS, in the course of which it processes certain personal data as a processor.

Signature and date:

ANNEX II

Description of the processing

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

The data is transferred on a continuous basis. It is deleted in 30 days after the termination of the contract between the Contractor and its Customer plus 6 months after deleting of data before the removal of backup.

I. Processings of controller’s customers’ data

Duration of the processing

Maestra CDP

1. PURPOSE: Creating a client (customer) profile in CDP

Categories of personal data processed

Maestra ID (customer)
Name
Email
Phone number
IP address
Gender
Date of birth
Type of device and its display resolution
Additional info (from the comments field)
Extra fields added by customer
Browser type and version
GEO (country or town)
Registration date

Nature of the processing

Registration of customer’s project in the Maestra system.

Subprocessors, subject matter, nature and duration of their processing

The data are stored on the servers of Microsoft and Leaseweb Deutschland GmbH, Amazon Web Service, within the EU. It is deleted in accordance with the storage period identified for this processing. The access to the data can also have Mindbox Group of Companies, including Mindbox AM LLC (Armenia), Mindbox KZ LLP (Kazakhstan), to perform technical operations on data processing.

2. PURPOSE: To merge profiles of the same people

Categories of personal data processed

Email
Phone number
App ID
Web ID
Order number
Bank card hash
Maestra ID (customer)

Nature of the processing

When there are more than 1 account of the same person, the data contained in those accounts is merged and presented for the controller as the data of one user.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

3. PURPOSE: Saving the history of customer’s actions on customer’s website, interactions with mailing lists etc. (actions)

Categories of personal data processed

What pages are opened
Which buttons are clicked
Whether the emails have been read (opening rate)
Orders history
Product list interactions
Information about the loyalty program
Maestra ID (customer)
Information about the lead form where the request was left
Whether the customer is logged in to the site
Loyalty card activation
Bonuses accrual
Product categories browsing history
Product browsing history
Subscription status
Other actions

Nature of the processing

Actions of the controller’s customer are transferred to Maestra system to configure marketing campaigns more efficiently

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

4. PURPOSE: CDP segmentation (by behavior, purchases, and other personal data)

Categories of personal data processed

Segment
Maestra ID (customer)
Phone number
IP address
Gender
Date of birth
What pages are opened
Which buttons are clicked
Whether the emails have been read (opening rate)
Orders history
Product lists
Information about the loyalty program
Whether the customer is logged in to the site
Loyalty card activation
Bonuses accrual
Viewing product categories
Viewing product
Subscription status
Other actions
DeviceUUID

Nature of the processing

Adding customer to a particular segment based on parameters, defied by the controller.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

5. PURPOSE: Building communication workflows

Categories of personal data processed

Behavioral trigger
Maestra ID (customer)

Nature of the processing

Controller indicates, which action should Maestra perform with regard to its customers based on different parameters.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

6. PURPOSE: Retention marketing

Categories of personal data processed

Name
Phone number
Email
Orders history
Order amount

Nature of the processing

Conditions for retention marketing are defined by the controller. Maestra interacts with its customers in accordance with prescribed scenarios.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

7. PURPOSE: Targeting by personal data and behavior on the sit

Categories of personal data processed

Segment
Maestra ID (customer)
Phone number
IP address
Sex
Age
What pages are opened
Which buttons are clicked
Whether the emails have been read (opening rate)
Orders history
Product lists
Information about the loyalty program
Other actions

Nature of the processing

Maestra analyses customers’ behavior on the website of controller. Based on the obtained analytics, controller defines further marketing activities for particular behavior pattern.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra product recommendations. Best Sending Time

8. PURPOSE: Automated email sending at the best possible time (Machine learning driven algorithm)

Categories of personal data processed

Email
Automatically generated time of sending

Nature of the processing

The system defines which time of newsletter sending is more appropriate for a particular customer and sends the message.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

9. PURPOSE: Determine the best time to send

Categories of personal data processed

Average Open rate
Average Click rate
Name
Surname
Maestra ID (customer)
Distribution of the most appropriate time to send messages by days
History of client’s interaction with products, newsletters, etc.
Email
Phone number
Brand
Contact point
Region

Nature of the processing

This algorithm automatically determines the best campaign sending time for each customer

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra campaign modules

Maestra Email

10. PURPOSE: Email campaigns

Categories of personal data processed

Segment
Email
Subscription status
Behavioral trigger
Order/delivery status
Name
Date of birth

Nature of the processing

Bulk, automated and transactional email campaigns via Maestra interface. Includes an ESP with unlimited messages.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra SMS

11. PURPOSE: SMS campaigns

Categories of personal data processed

Segment
Phone number
Subscription status

Nature of the processing

Bulk, automated and transactional SMS campaigns.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra Mobile push and web push campaigns

12. PURPOSE: Mobile push notification campaigns

Categories of personal data processed

Segment
Subscription status
Filter indicated by the customer
Clicks on the push
Sender ID
ID of the project in the firebase
Secret key
Tracker (configuration of parameters of service worker and firebase)
Device settings concerning sending mobile pushes

Nature of the processing

Bulk, automated, and transactional campaigns sent via mobile push notifications.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

When the Customer sends mobile push notifications, the notifications will be delivered to Android phone users through Firebase Cloud Messaging, provided by Google LLC (USA), to iPhone users through Apple Push Notifications, provided by Apple Inc., to Huawei users through Push Kit operated by Huawei Technologies Co. Ltd. (China).

13. PURPOSE: Sending web pushes

Categories of personal data processed

Segment
Subscription status
Filter indicated by the customer
Clicks on the push
Whether the browser allows to send push
Token (if the browser allows to send push)
Sender ID, ID of the project in the firebase
Secret key
Tracker (configuration of parameters of service worker and firebase)

Nature of the processing

Based on the parameters indicated by the controllers and the matching behavior of its customers, customers will receive push notifications in their web browsers.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

To send web pushes our service uses Firebase Cloud Messaging, provided by Google LLC (USA).

Maestra Website Personalization

14. PURPOSE: Customization of popups, banners, embeddings and widgets

Categories of personal data processed

Segment
Email
Name
Subscription status
UTM-tags
URL from which new lead was obtained
Domen
City
City ID
Date and time of creation
Number of purchases
Orders history
History of client’s interaction with products, newsletters, etc.
Time spent on the website
Bonuses accrual
Phone number
Promocode
History of website visits
Type of device and its display resolution
Commentaries left in the form
Items in the shopping bag
Traffic source for the visitor
Actions on the website page

Nature of the processing

Based on the parameters indicated by the controllers and the matching behavior of its customers, customers will see personalized content on websites and mobile applications.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra Ad Optimization

15. PURPOSE: Integration with advertising tools

Categories of personal data processed

Customer’s database
Segment
Email
Phone number
Sex
Date of birth
Surname
Name
Region
City
Index

Nature of the processing

Customer may choose to integrate the system with advertising tools (e.g, Facebook Pixel) and merge data obtained by the tools with data stored in Maestra.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Operated by Albato Limited (EU). The data are stored by Albato Limited at Amazon Web Services (USA).

Particular advertising tool is chosen by the controller (customer).

16. PURPOSE: Collection of contacts from lead forms

Categories of personal data processed

Name
Company name
Email
Phone number
Information about the lead form where the request was left

Nature of the processing

The lead forms are posted in social media by the means of Albato tool. When user responses to the form, history of interaction with it is send to Maestra.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Operated by Albato Limited (EU). The data are stored by Albato Limited at Amazon Web Services (USA).

17. PURPOSE: Setting up audiences for advertising tools

Categories of personal data processed

Segment
Customer’s database

Nature of the processing

Defining characteristics (segments) for further marketing via advertising tools

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Operated by Albato Limited (EU). The data are stored by Albato Limited at Amazon Web Services (USA).

Particular advertising tool is chosen by the controller (customer).

Maestra standard integrations

18. PURPOSE: Integration with third-party services for data collection/accumulation (CMS, CRM, ERP, Cashiers, BI, App, Wallet. Open API)

Categories of personal data processed

Customer’s database

Nature of the processing

Customer can upload it database and integrate its databases from other services for data collection with Maestra.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra Loyalty and Promotion engine

19. PURPOSE: Setting up loyalty programs

Categories of personal data processed

Maestra ID (customer)
Information about the loyalty program

Nature of the processing

Controller adds its customers to loyalty programs. Maestra provides data on the history of interaction with customers

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra CDP: analytics and reports

20. PURPOSE: Uploading data to the system from CSV files or via API

Categories of personal data processed

Customer’s database

Nature of the processing

Customer can upload its database in CSV format or via API and merge it with data in Maestra system.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

21. PURPOSE: Advertising campaign analytics and report generation (conversion, advertising effectiveness measurement)

Categories of personal data processed

What pages are opened
Which buttons are clicked
Whether the emails have been read (opening rate)

Nature of the processing

Customer may generate report with aggregated statistics on the conversion and advertising effectiveness.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

22. PURPOSE: Generating reports on newsletters

Categories of personal data processed

Clicks on the newsletter
Openings of the newsletter
Name of the newsletter
Newsletter campaign
Newsletter channel
Newsletter type
Tag
Brand
Conversions
Unsubscribtions
Revenue
Orders

Nature of the processing

Analysis of data on newsletters’ views, openings, etc. and reports generation.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

23. PURPOSE: Generating reports on customers

Categories of personal data processed

Subscription status
Brand
Date of subscription
Whether customer’s client is registered on the chosen channel
Average Open rate
Average Click rate
Orders history
Age, Sex
Region
Segment
Viewing product
Viewing product categories
Information about the loyalty program

Nature of the processing

Generation of reports on particular actions/characteristics.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

24. PURPOSE: Generating a report on billing actions

Categories of personal data processed

Customer’s database

Nature of the processing

View of billing metrics to verify the correctness of the invoice. The report uses key indicators such as the number of personal and customer actions, transitions between recalculated and static segments.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

25. PURPOSE: Integration of Maestra system with testing environment

Categories of personal data processed

Nature of the processing

Customer may simplify integration with Maestra by integrating it with testing environment.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

Maestra product recommendations

26. PURPOSE: Finding Look-A-like audiences in relation to the products they buy

Categories of personal data processed

Behaviour of similar clients
History of client’s interaction with products, newsletters, etc.

Nature of the processing

Search of people with similar interests and other characteristics.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

II. Processings of controller’s customers’ and anonymous customers’ data

Maestra Next Best Action algorithm

1. PURPOSE: Build a scenario of recommendations for products

Categories of personal data processed

Orders history
Viewing product
Viewing product categories
Actions with client’s lists
Behaviour of similar clients
Client’s actions with product categories
Product recommendations
History of client’s interaction with productsnewsletters, etc.
Region
Web ID
Maestra ID (customer)

Nature of the processing

Controller indicates, which product to recommend based on customers’ behaviour.

Subprocessors, subject matter, nature and duration of the processing

The data are stored on the servers of Microsoft Corporation LLC and Leaseweb Deutschland GmbH, Amazon Web Service, within the EU. It is deleted in accordance with the storage period identified for this processing. The access to the data can also have Mindbox Group of Companies, including Mindbox AM LLC (Armenia), Mindbox KZ LLP (Kazakhstan), to perform technical operations on data processing.

2. PURPOSE: Generate the next offer

Categories of personal data processed

Orders history
Viewing product
Viewing product categories
Actions with client’s lists
Behaviour of similar clients
Client’s actions with product categories
The list of clients most likely to buy products (tomorrow)
Product recommendations
History of client’s interaction with products, newsletters, etc.
Region
Web ID
Maestra ID (customer)

Nature of the processing

The algorithm defines next marketing offer for a customer based on their behavior.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

3. PURPOSE: Creating a look-a-like for a loyal audience

Categories of personal data processed

Segment
Information about the loyalty program

Nature of the processing

Search of potential customers by identifying common characteristics of customers subscribed to loyalty programs.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

III. Processings of controller’s admin and authorized users’ data

Maestra Customer account & billing

1. PURPOSE: Creating an employee account in the system

Categories of personal data processed

Login
Password
Internal ID (employee)

Nature of the processing

The registration of customer’s profile in Maestra system. The customer manages marketing activities and interaction with its customers using this profile.

Subprocessors, subject matter, nature and duration of the processing

2. PURPOSE: Access distribution for customer’s employees

Categories of personal data processed

Email
Login
Access level
Internal ID (employee)

Nature of the processing

Customer may hide personal data from its certain employees.

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

3. PURPOSE: Logging customer logins and employee actions

Categories of personal data processed

Login
Password
Phone number
Internal ID (employee)

Nature of the processing

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

4. PURPOSE: Authorization of user

Categories of personal data processed

Login
Password
Phone number
Internal ID (employee)

Nature of the processing

Subprocessors, subject matter, nature and duration of the processing

The same as described for purpose 1 above.

A. COMPETENT SUPERVISORY AUTHORITY

Autoriteit Persoonsgegevens

Postbus 93374

2509 AJ DEN HAAG

Telephone number: (+31) — (0)70 — 888 85 00

https://autoriteitpersoonsgegevens.nl/en

ANNEX III

Technical and organisational measures including technical and organisational measures to ensure the security of the data

Access control policy is implemented
Employee training on data protection and information security
Monitoring the composition of hardware software and information security tools
Rules for using email and spam protection
Information security risk analysis is conducted annually
Information security policy is implemented
Differentiation of access rights
A registry of information assets is maintained
Inventory of information assets is carried out annually
Risk management policy
Areas of responsibility for information security are defined and distributed
Information security provisions are included in contracts with counterparties
MDM tool combined with anti-virus software and enforced updates
NDAs with employees are signed
Employees have access to the training material on information security
NDAs with counterparties are signed
When an employee quits, they need to complete the steps concerning infosecurity set out in the checklist (Trello)
System of accounting of hardware in the infrastructure
Confidentiality policy
Used components from data centers are transported by the employees of the Company
Network segmentation
Accounting and reporting of OS on workstations and servers
Security logs from MacOS are collected in Graylog
Data in a product are masked
Protection against brute-force attack while entering password (blocking after 5 failed attempts)
Two-factor authentication
1Password is used to ensure password security
CCTV at the entrance to company’s office
Equipment is sited as recommended by respective manufacturers and security regulations
Clean desk policy
Clean screen policy
Lock screen policy
Protection of computers with Microsoft Defender
Master Data Management tools are implemented
Daily data backup
Additional off-site backup storage shall be in place
Log of Information security incidents
Logging of user workstations is carried out by the built-in means of the OS
Users’ and administrators’ activities in the information system are logging by the built-in tools of the OS and the information system
External web application scanning for vulnerabilities
The network equipment supports the firewall features
Testing of new versions of information systems in an isolated environment
Network management and control is performed by Dlink DFL firewalls
An ACL is configured between VLANs
Rules are set up to filter incoming traffic; all ports are blocked
The recommended data transfer channels are given in the product instruction
App sessions are protected with tokens
Sessions are protected with unique links signed keys sent by email and more
License Agreements are signed with counterparties
Journal of familiarization with the rules of processing personal data for employees
Formalized list of positions allowed to process personal data
External information security audits
Logins and exits to the admin account are logged
Granting accesses are logged
The administrator can differentiate access rules for personnel
The customer can view the actions of a support employee in the action log
Personal data are masked for Maestra employees
Customer can set retention period for storing personal data
Backups of deleted data are stored for 6 months
Customer can set the password expiration date
Customer can choose to mask personal data in the accounts of its particular employees
Data encryption type is chosen by the customer in their account

Annex № 2to the Master Service Agreement№___ as of ___

Data processing agreement

STANDARD CONTRACTUAL CLAUSES SECTION I

Clause 1

Clause 2

Clause 3

Clause 4

Clause 5 — Optional

SECTION II OBLIGATIONS OF THE PARTIES

Clause 6

Clause 7

Clause 8

Clause 9

SECTION III FINAL PROVISIONS

Clause 10

ANNEX I

ANNEX II

Annex № 2
to the Master Service Agreement
№_ as of _

STANDARD CONTRACTUAL CLAUSES

SECTION I

SECTION II

OBLIGATIONS OF THE PARTIES

SECTION III

FINAL PROVISIONS