Intro

This First Addendum (“Addendum”) is made and entered into by and between Customer and Templafy ApS (the “Publisher” or “Templafy”) to that certain Standard Contract signed within the Azure Marketplace and AppSource Marketplace executed by the parties.

The terms of this Addendum are incorporated by reference in the Standard Contract. Except as specifically stated herein, each defined term utilized herein shall have the same meaning as is assigned to it in the Standard Contract.

In the event of any inconsistency or conflict between the Standard Contract and this Addendum, the terms and conditions of this Addendum shall govern and control.

Recital

WHEREAS, Customer and Publisher desire to affect the purchase of the Offering under the terms of the Standard Contract, in the manner set forth below.

Agreement

Section II (‘Privacy’) shall be amended to reflect that:

A. To the extent the Standard Contractual Clauses apply, Customer agrees that: (i) Module Two will apply; (ii) In Clause 7, the optional docking clause will apply; (iii) in Clause 9, Option 2 will apply, and the time period for prior notice of sub-processor changes shall be 15 days; (iv) in Clause 11, the optional language will not apply; (v) in Clause 17, Option 1 will apply, and the EU SCCs shall be governed by the laws of the Denmark; (vi) in Clause 18(b), disputes shall be resolved before the courts of the Denmark;

B. The Customer acknowledges and agrees that Publisher may process Personal Data for its own legitimate business operations as independent data controller, provided the data processing is limited to one of the following purposes: i) billing and account management; ii) internal reporting; iii) fraud and cyber-attacks prevention pertaining to the provision of the Services; iv) optimization and maintenance of the services; and v) compliance with legal and tax requirements.

C. Following the expiration or earlier termination of the Agreement, Publisher will retain Customer Data in a limited function account, securely isolated and protected from any further processing, for 90 days. Once the 90-day retention period ends, Publisher shall disable Customer’s account and delete all Customer Personal Data associated with it, or irreversibly anonymize them in such a manner that the data subject is not identifiable, unless Publisher is permitted or required by applicable law, or authorized under this DPA, to retain such data. At all times during the term of the Agreement, Customer will have the ability to access, extract and delete Customer Personal Data stored in its tenant.

D. If Customer does not object to a new sub-processor’s engagement within 14 days, that new sub-processor shall be deemed accepted.  Publisher makes available to Customer the current list of sub-processors used by Publisher to process Personal Data at https://www.templafy.com/sub-processors/

Section IV shall be amended to reflect that: Publisher’s SLA is available at: https://www.templafy.com/sla-azure-marketplace/