WiseStamp Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the commercial agreement (“Agreement”) which was executed by WiseStamp Technologies Ltd. and/or WiseStamp Inc. any of their affiliates (“WiseStamp”) and/or its Affiliates and the person or entity whose details are indicated in the applicable online registration form, order form or the Agreement to which this DPA is attached to (“Customer”) to reflect the parties’ agreement on the Processing of Customer Data (as defined below) as part of the provision of Services. WiseStamp and customer may collectively be referred to herein as the “Parties” and each singularly as a “Party”.

All capitalized terms not defined herein will have the meaning set forth in the Agreement, or under the applicable Privacy Laws and Regulations. All terms under the Agreement apply to this DPA, except that the terms of this DPA will supersede any conflicting terms under the Agreement. In the event of any conflict or inconsistency between this DPA and the EU SCCs, the EU SCCs will prevail.

In the course of providing the service to Customer pursuant to the Agreement (“Service”), WiseStamp may Process Personal Data on behalf of Customer as a data processor (“Customer Data”) subject to the terms of this DPA. 

1. DEFINITIONS
   1. “Adequate Country” is a country that received an adequacy decision from the European Commission or other applicable data protection authority.
   2. The terms “Business“, “Business Purpose“, “Consumer“, “Controller“, “Data Subject“, “Personal Data“, “Personal Data Breach“, “Personal Information“, “Processing” (and “Process“), “Processor“, “Holder“, “Service Provider“, “Sale“, “Sell” and “Share“, “Special Categories of Personal Data“, “Sensitive Data” and “Supervisory Authority“, shall all have the same meanings as ascribed to them under the applicable Data Protection Laws. Further, under this DPA: “Data Subject” shall also mean and refer to a “Consumer“, “Personal Data” shall also mean and refer to “Personal Information” and “Special Categories of Data” or “Highly Sensitive Data” shall also mean and refer to “Sensitive Data“.
   3. “Data Protection Law” means any and all applicable privacy and data protection laws and regulations (including, where applicable, EU Data Protection Law, UK Data Protection Laws, Swiss Data Protection Laws, Israeli Law and the U.S. Data Protection Laws) as may be amended or superseded from time to time.
   4. “Deidentified Data” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, be linked directly or indirectly with, or be reasonably be used to infer information about an identifiable natural person, all as defined under applicable US Data Protection Laws.
   5. “Data Privacy Framework” or “DPF” means the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework self-certification programs (as applicable) operated by the U.S. Department of Commerce; as may be amended, superseded, or replaced.
   6. “DPF Principles” means the Principles and Supplemental Principles available at:

https://www.dataprivacyframework.gov/program-articles/Participation-Requirements- Data-Privacy-Framework-(DPF)-Principles ; as may be amended, superseded or replaced.

1. “EEA” means the European Economic Area.
2. “European Data Protection Law” means, collectively, the laws and regulations of the European Union, the EEA, their member states, and the United Kingdom, applicable to the Processing of Personal Data, including (where applicable): (i) “EU Data Protection Laws”- EU General Data Protection Regulation (Regulation 2016/679) (“EU GDPR”); Regulation 2018/1725; and the e-Privacy Directive (Directive 2002/58/EC), as amended (e-Privacy Law); (ii) “UK Data Protection Laws” – the Data Protection Act 2018 (DPA 2018), as amended, and EU GDPR as incorporated into UK law as amended (“UK GDPR” and collectively with the EU GDPR shall be referred to herein as the “GDPR”); (iii) “Swiss Data Protection Laws” or “FADP” – the Swiss Federal Data Protection Act (dated June 19, 1992, as of March 1, 2019) (“FDPA”) and the Ordinance on the Federal Act on Data Protection (“FODP”); (iv) any national data protection laws made under, pursuant to, replacing or succeeding the EU GDPR or the e-Privacy Law; (v) any amendment or legislation replacing or updating any of the foregoing; and (vi) any judicial or administrative interpretation of any of the above, including any binding judicial or administrative interpretation of any of the above, or approved certification mechanisms issued by any relevant Supervisory Authority.
3. “Instructions” means the written, documented instructions provided by the Customer to Wisestamp directing Wisestamp to perform a specific or general action with regard to Customer Data.
4. “Israeli Data Protection Laws” means, collectedly, the: (i) Israeli Protection of Privacy Law, 5741-1981 (as amended under Amendment 13); (ii) the regulations promulgated pursuant thereto, including the Israeli Protection of Privacy (Data Security) Regulations, 5777-2017 and the Israeli Protection of Privacy (Transfer of Data to Databases Abroad) Regulations, 5761-2001; (iii) any amendments or legislation replacing or updating any of the foregoing; and (iv) any judicial or administrative interpretation of any of the above, including any binding guidance, guidelines, codes of practice, approved codes of conduct or certification mechanisms approved by the Israeli Privacy Protection Authority.
5. “Security Incident” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data. Any Personal Data Breach will comprise a Security Incident.
6. “Standard Contractual Clauses” or “SCCs” means: (i) the standard contractual clauses for

the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council adopted by the European Commission Decision 2021/914 of 4 June 2021, which may be found at: https://eur- lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN and

incorporated herein by reference־ (“EU SCC”); (ii) the UK “International Data Transfer Addendum to the European Commission Standard Contractual Clauses” available at: available at: https://ico.org.uk/media/for-

organisations/documents/4019539/international-data-transfer-addendum.pdf and

incorporated herein by reference (“UK SCC”); or (iii) the applicable standard data protection clauses issued, approved or recognized by the Swiss Federal Data Protection and Information Commissioner (“Swiss SCC”).

1. “Usage Data” means information about Customer’s or its authorized users use of the platform and services, such information may include without limitation, access logs, sessions replays, clickstream, errors, and crashes.

1.14. “US Data Protection Laws” means any and all applicable federal and state privacy laws and regulations applicable to the Supplier’s Processing activities of Wisestamp Personal Data under this DPA, and any implementing regulations and amendment thereto, including without limitation the: (i) California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 – 1798.199) of 2018 including as modified by the California Privacy Rights Act as well as all regulations promulgated thereunder from time to time (‘CCPA‘); (ii) the Colorado Privacy Act C.R.S.A. § 6-1-1301 et seq. (SB 21-190) (‘CPA‘); (iii) the Connecticut Data Privacy Act, S.B. 6 (Connecticut 2022) (‘CTDPA‘); (iv) the Florida Digital Bill of Rights S.B 262 (‘FDBR‘);

1. the Montana Consumer Data Privacy Act 68th Legislature 2023, S.B. 0384 (‘MTCDPA‘);
2. the Oregon Consumer Data Privacy Act ORS 646A.570-646A.589 (‘OCDPA‘); (vii) the Texas Data Privacy and Security Act, Tex. Bus. & Com. Code Ann. § 541.001 et seq (‘TDPSA‘); (viii) the Utah Consumer Privacy Act, Utah Code Ann. § 13-61-101 et seq (‘UCPA‘); (ix) the Washington “My Health My Data” Act, Wash. Rev. Code § 19.373.005 et seq., and Nev. Rev. Stat. § 603A, as amended by Nevada S.B. 370 (together, the “Washington and Nevada Consumer Health Data Laws”); and (x) the Virginia Consumer Data Protection Act, Va. Code Ann. § 59.1-575 et seq. (SB 1392). All as amended or superseded from time to time and including any implementing regulations and amendments thereto.

1. ROLES AND DETAILS OF PROCESSING
   1. The parties agree and acknowledge that under the performance of their obligations set forth in the Agreement, and with respect to the Processing of Customer Data, Wisestamp is acting as a Data Processor (or Sub-processor, as applicable) and Customer is acting as a Data Controller (or Processor, as applicable). Notwithstanding the above, Wisestamp is the owner and Data Controller of the Usage Data (as defined in the Agreement) and other account information, such as contact information, transactions and other data which is used to manage the customer relationship, provide support, repair bugs, facilitate security, optimize the user experience, provide maintenance and carry out core business functions such as accounting, billing, and filing taxes.
   2. The Customer shall be exclusively responsible to ensure its Instructions are compliant with applicable Data Protection Laws and enable a lawful Processing of Customer Data, including by obtaining any required consent and providing any required disclosures under applicable Data Protection Laws.
   3. The subject matter and duration of the Processing carried out by Wisestamp on behalf of the Customer, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects are described in Annex Iattached hereto.
   4. For the purposes of providing the Services, Customer shall not disclose, transfer, or otherwise make available to Wisestamp any of the following categories of information: (i) any information that constitutes “Sensitive Personal Information”, “Sensitive Data”, “Sensitive Data Inferences”, “Highly Sensitive Data”, or “Special Categories of Personal Data” as those terms are defined under Data Protection Laws; (ii) Any information that constitutes “consumer health data” under the CTDPA or the Washington and Nevada Consumer Health Data Laws; (iii) any information that constitutes “protected health information” under the Health Insurance Portability and Accountability Act of 1996, 5 U.S.C. § 553 et seq., together with any amending legislation and any regulations promulgated thereunder; and (iv) any Personal Data that is deemed by US regulatory authorities as meriting sensitive treatment under US Data Protection Laws or U.S. state or federal consumer protection laws.
2. PROCESSING OF PERSONAL DATA
   1. Wisestamp represents and warrants that it shall Process Customer Data, on behalf of the Customer, solely for the purpose of providing the Services, all in accordance with Customer’s Instructions. Notwithstanding the above, in the event Wisestamp is required under applicable laws, including Data Protection Law, to Process Customer Data other than as instructed by Customer, it shall make its best efforts to inform the Customer of such requirement prior to Processing such Customer Data, unless prohibited under applicable law.
   2. Wisestamp shall inform Customer without undue delay in the event that, according to Wisestamp’s reasonable discretion, any of Customer’s Instructions infringes applicable laws, and Wisestamp shall have the right to immediately cease and suspend any such Processing activity related to the infringing Instruction.
   3. Wisestamp hereby certifies it understands the rules, requirements and definitions under applicable Data Protection Laws, and shall not: (i) Sell or Share the Customer Data; (ii) retain, use or disclose the Customer Data for any purpose other than for a Business Purpose specified in the Agreement; or (iii) combine the Customer Data with other Personal Data that it receives from, or on behalf of another customer.
   4. Wisestamp shall comply with the requirements set forth under applicable Data Protection Laws with regards to processing of Deidentified Data.
   5. WiseStamp may process data based on extracts of Customer Data on an aggregated and non-identifiable form for WiseStamp’s legitimate business purposes, including for testing, development, control, operations of the Service, improvement, statistical analysis and creation of benchmarking data, and may share and retain such data at WiseStamp’s discretion, provided that such data cannot reasonably identify the Customer and Data Subjects. WiseStamp shall own all rights, title and interest in such anonymized data.
   6. Wisestamp shall provide reasonable cooperation and assistance to the Customer in ensuring compliance with its obligation to carry out data protection impact assessments and prior consultations with Supervisory Authorities or other competent data privacy authorities to the extent required under applicable Data Protection Laws, provided that, Wisestamp shall only be required to assist as for information which is reasonably available to Wisestamp and Customer does not have reasonable access to such information.
   7. Wisestamp shall ensure: (i) the reliability of its staff and any other person acting under its supervision who may come into contact with or otherwise have access to and Process Customer Data; and (ii) that persons authorized to Process the Customer Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
3. DATA SUBJECTS RIGHTS AND REQUESTS
   1. It is agreed that where Wisestamp receives a data subject request or a request from a regulator or authority in respect to Customer Data, where applicable, Wisestamp will notify the Customer of such request promptly and direct the Data Subject or the applicable authority to the Customer in order to enable the Customer to respond directly to the Data Subject’s or the applicable authority’s request, unless otherwise required under applicable laws or prohibited.
   2. Wisestamp reasonably cooperate and assist Customer in responding to such request, provided that the Customer cannot reasonably fulfill such obligations independently with help of available in the documentation, the website or any other self-service feature provided by Wisestamp.
4. SUB-PROCESSING
   1. The Customer acknowledges that Wisestamp may transfer Customer Data to and otherwise interact with third party data Processors (“Sub-Processor“). The Customer hereby authorizes Wisestamp to engage and appoint such Sub-Processors as listed in https://www.wisestamp.com/subprocessors/, to Process Customer Data, as well as permits each Sub-Processor to appoint a SubProcessor on its behalf. Wisestamp may continue to use those Sub-Processors already engaged by it, as listed in https://www.wisestamp.com/subprocessors/, or to engage an additional or replace an existing SubProcessors to Process Customer Data, subject to the provision of a thirty (30) days prior notice of its intention to do so to the Customer (via email correspondence). In case the Customer has not objected to the adding or replacing of a Sub-Processor within such notice period, such Sub-Processor shall be deemed approved by the Customer. In the event the Customer objects to the adding or replacing of a Sub-Processor, within such notice period, Wisestamp may, under Wisestamp sole discretion, suggest the engagement of a different Sub-Processor for the same course of services, or otherwise terminate the Agreement where the Services cannot be reasonably provided under such circumstances, without liability to Customer.
   2. Wisestamp shall, where it engages any Sub-Processor, impose, through a legally binding contract between Wisestamp and the Sub-Processor, data protection obligations that are no less onerous than, and provide at least the same level of protection as, those set out in this DPA. Wisestamp shall ensure that such contract will require the Sub-Processor to provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the Processing will meet the requirements of Data Protection Laws.
   3. Wisestamp shall remain responsible to the Customer for the performance of the SubProcessor’s obligations in accordance with this DPA.
5. TECHNICAL AND ORGANIZATIONAL MEASURES
   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, and without prejudice to any other security standards agreed upon by the parties, Wisestamp hereby confirms that it has implemented and will maintain appropriate physical, technical and organizational measures to protect the Customer Data as required under Data Protection Laws to ensure lawful Processing of Customer Data and safeguard Customer Data from unauthorized, unlawful or accidental processing, access, disclosure, loss, alteration or destruction.
   2. The parties acknowledge that security requirements are constantly changing, and that effective security requires the frequent evaluation and regular improvement of outdated security measures.
   3. The security measures implemented and maintained by Wisestamp are further detailed in Annex II.
6. SECURITY INCIDENT
   1. Wisestamp will notify the Customer without undue delay upon becoming aware of any Security Incident involving the Customer Data and will take necessary steps to remediate, minimize any effects of and investigate any Security Incident and to identify its cause. Upon Customer’s request, Wisestamp will reasonably co-operate with the Customer and provide the Customer with such assistance and information as it may reasonably require in connection with the containment, investigation, or mitigation of the Security Incident.
   2. Wisestamp will notify the Customer in writing and will keep the Customer informed of any material developments in connection with the Security Incident. Wisestamp’s notification or compliance with its obligations under this Section shall not be construed as an acknowledgment by Wisestamp of any fault or liability with respect to the Security Incident.
7. AUDIT RIGHTS
   1. Wisestamp shall maintain accurate written records of any and all the Processing activities carried out under this DPA and shall make such records available to the Customer upon 30-day prior written request, and not more than once per twelve (12) months during the Term of the Agreement. Such records provided shall be considered Wisestamp’s Confidential Information and shall be subject to confidentiality obligations.
   2. In the event the records and documentation provided subject to Section 8.1 above are reasonably determined as not sufficient for the purpose of demonstrating compliance, Customer may audit Wisestamp compliance with this DPA and Data Protection Laws by requesting a certificate issued for security verification reflecting the outcome of an audit conducted by a third party auditor (e.g.,ISO27001 certificate) or a comparable certification or other security certification of an audit conducted by a third-party auditor, within twelve (12) months as of the date of Customer’s request.
   3. Alternatively, in the event the records and documentation provided subject to Section 8.1 and 8.2 above are not sufficient for the purpose of demonstrating compliance, Wisestamp shall make available, solely upon prior reasonable written notice and no more than once per calendar year, to a reputable auditor nominated by the Customer, information necessary to reasonably demonstrate compliance with this DPA and Data Protection Laws, and shall allow for audits, including inspections, by such reputable auditor solely in relation to the Processing of the Customer Data (“Audit“) in accordance with the terms and conditions hereunder. The auditor shall be subject to standard confidentiality obligations (including towards third parties). Wisestamp may object to an auditor appointed by the Customer in the event Wisestamp reasonably believes the auditor is not suitably qualified or is a competitor of Wisestamp. Customer shall bear all expenses related to the Audit and shall (and ensure that each of its auditors shall) over the course of such Audit, avoid causing any damage, injury, or disruption to Wisestamp’s premises, equipment, personnel and business while its personnel are on those premises in the course of such Audit.
   4. Nothing in this DPA will require Wisestamp to either disclose to Customer or its third-party auditor, or to allow Customer or its third-party auditor to access: (i) any data of any other Wisestamp’s customer; (ii) Wisestamp’s internal accounting or financial information; (iii) any trade secret of Wisestamp or its Affiliates; (iv) any information that, in Wisestamp’s reasonable opinion, could compromise the security of any Wisestamp’s systems or cause any breach of its obligations under applicable law or its security or privacy obligations to any third party; or (v) any information that Customer or its third-party auditor seeks to access for any reason other than the good faith fulfillment of Customer’s obligations under the Data Protection Laws.
   5. Without derogating from the generality of the aforesaid, subject to Customer request, Wisestamp will provide the Customer with a report on the fulfillment of its obligations under the Data Protection Laws and this DPA, and at least annually.

1. CROSS BORDER PERSONAL DATA TRANSFERS
   1. Wisestamp shall ensure any recipients of Customer Data, including recipients of onward transfers are recognized as Adequate Country or certified under the DPF. Further, where European Data Protection Laws apply Wisestamp will not transfer Customer Data originating from the EEA, UK or Switzerland, unless it takes all such measures as are necessary to ensure the transfer is in compliance with European Data Protection Laws. Such measures may include (without limitation): (i) transferring such Customer Data to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, including to an Adequate Country or data privacy and transfer frameworks; (ii) to a recipient that has achieved binding corporate rules authorization in accordance with applicable Data Protection Law; or (iii) to a recipient that has executed the Standard Contractual Clauses.
   2. When Customer and Wisestamp rely on the SCC to facilitate a transfer to a third country the following shall apply:

1. For Transfer of Customer Data from the EEA the EU SCC shall apply and completed as follows: (1) Module II (Controller to Processors) will apply; (2) In Clause 7 the optional docking clause will not apply; (3) In Clause 9, option 2 (general written authorization) shall apply for the Sub-Processors listed https://www.wisestamp.com/subprocessors/and the method for appointing Sub-Processor shall be as set forth in the Sub-Processing Section of the DPA; (4) In Clause 11, the optional language will not apply, and Data Subjects shall not be able to lodge a complaint with an independent dispute resolution body; (5) In Clause 17, option 1 shall apply, and the EU SCC shall be governed by the law of the Republic of Ireland; (6) In Clause 18(b) the parties choose the competent courts of the Republic of Ireland, as their choice of forum and jurisdiction; (7) Annex I(A) of the EU SCC is completed as follows: Customer is the Data Exporter, Wisestamp is the Data Importer, the parties’ contact details Agreement Effective Date; Annex I(B) of the EU SCC is completed as set out in Annex I of this DPA; Annex I(C) of the EU SCC shall identify the competent supervisory authority/ies as the supervisory authority Republic of Ireland; (8) Annex II of the EU SCC is deemed completed with the information set out in Annex II of this DPA; (9) Annex III of the EU SCC shall be completed with the list of Sub-Processors set out in Annex III of this DPA.
2. For transfer of Customer Data from the UK, the UK SCC shall apply and completed as follows: (1) Table 1 shall be completed as set forth in section (a)(7) above; (2) Table 2 shall be completed as set forth in Section (a)(1) – (a)(4) above; (3) Tables 3 shall be completed as follows: Annex 1A shall be completed with relevant information as set out in Section (a)(7) above; Annex 1B shall be completed with relevant information as set out in Annex I of this DPA; Annex II shall be completed with relevant information as set out in Annex II of this DPA; Annex III shall be completed with the list of sub-processors set out https://www.wisestamp.com/subprocessors/; (4) Table 4 shall be completed with the “neither party” option; and (5) Any conflict between the terms of the EU SCC and the UK SCC will be resolved in accordance with Section 10 and Section 11 of the UK SCC.

For transfer of Customer Data from Switzerland, the Swiss SCC shall apply in with following modifications (i) references to “Regulation (EU) 2016/679” will be interpreted as references to the Swiss DPA; (ii) references to “EU”, “Union” and “Member State law” will be interpreted as references to Swiss law; and (iii) references to the “competent supervisory authority” and “competent courts” will be replaced with the “the Swiss Federal Data Protection and Information Commissioner” and the “relevant courts in Switzerland”.

1. TERM, TERMINATION AND CONFLICT
   1. This DPA shall be effective as of the Effective Date and shall remain in force until the Agreement terminates or as long as Wisestamp Processes Customer Data.
   2. Following the termination or expiration of this DPA, Wisestamp shall, upon Customer’s written request, delete all Customer Data Processed on behalf of the Customer and certify to the Customer that it has done so, or, return all Customer Data to the Customer and delete existing copies, unless applicable law or regulatory requirements requires that Wisestamp continue to store Customer Data. Until the Customer Data is deleted or returned, the parties shall continue to ensure compliance with this DPA. Customer’s choice shall be provided in writing to Wisestamp, following effect of termination.
   3. In the event of a conflict between the terms and conditions of this DPA and the Agreement, this DPA shall prevail. For the avoidance of doubt, in the event Standard Contractual Clauses have been executed between the parties, the terms of the Standard Contractual Clauses shall prevail over those of this DPA. Except as set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect. 10.12. ANNEXDETAILS OF PROCESSING

(ALSO SERVES AS ANNEX I TO THE EU SCCS)

1. LIST OF PARTIES

• Data Controller (Exporter): Customer, whose name, address, and contact details are as detailed in the Agreement. Customer assumes the role of a Data Controller.
• Data Processor (Importer): WiseStamp Technologies Ltd. and/or WiseStamp Inc. (“WiseStamp”), whose name, address, and contact details are as detailed in the Agreement. WiseStamp assumes the role of a Data Processor.
• Activities Relevant to the Data Transferred Under the EU SCCs: provision of the Service under the Agreement.
• Contact Persons. The Parties’ contact persons are as detailed in the Agreement or the applicable order form.

To the extent required under the EU SCCs, Customer’s and WiseStamp signatures on the Agreement applies herein.

1. DESCRIPTION OF THE PROCESSING (TRANSFER)

• Categories of data subjects whose personal data is processed\transferred: Customer’s employees, Customer’s clients, and Customer’s survey respondents 

• Categories of personal data transferred: Users’ names, contact details, and any Personal Data contained in the User’s email signatures, online usage information, IP address, customer first and last names, team member first and last names, team member email addresses, ratings, and comments.

• Sensitive data transferred: Any information provided in a body of an email, subject to Customer’s discretion.

• The frequency of the transfer: Continuous basis for the duration of the Agreement.

• Nature of the processing: All operations 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 of data (whether or not by automated and large language models, general-purpose models or other artificial intelligence systems and means), etc.

• 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 will be retained during the term of the Agreement and will be deleted in accordance with the terms therein.

• For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing: The subject matter’s Personal Data, the nature of the Processing is the performance of the Service under the Agreement and as detailed above and the duration of the Processing is the term of the Agreement.

1. COMPETENT SUPERVISORY AUTHORITY

• Where the data exporter is established in an EU Member State: The supervisory authority of such EU Member State shall act as competent supervisory authority.

• Where the data exporter is not established in an EU Member State but falls within the territorial scope of the GDPR in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1): The supervisory authority of the Member State in which the representative is established shall act as competent supervisory authority.

• Where the data exporter is not established in an EU Member State but falls within the territorial scope of the GDPR in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2): The supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses, shall act as competent supervisory authority.