Data Processing Agreement

This Data Processing Agreement (“DPA”) is entered between Ours Wellness, Inc. (“Ours Wellness”) and Client (“Client”) (each a “Party” and collectively the “Parties”). This DPA applies to Ours Wellness Processing of Client Personal Data in connection with the provision of Cloud Products, Software, and Services (as such terms are defined below).

1. Recitals.

1.1. Client wishes to make available to Ours Wellness Client Personal Data for the purposes described herein.

1.2. For the avoidance of doubt, this DPA does not pertain to protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its attendant regulations and, where applicable, any Business Associate Agreement executed by Client in which Ours serves as a business associate or subcontractor.

2. Definitions. The following terms as used herein shall have the following meanings.

2.1. “Client Personal Data” means any information that is Processed in connection with Ours Wellness’s provision of Cloud Products, Software, and Services to Client and (a) that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, data subject, or household; or (b) is defined as “personal information,” “personal data,” “personally identifiable information,” “protected health information,” “nonpublic personal information,” or similar term under Data Protection Laws.

2.2. “Cloud Products” means the proprietary Ours Wellness web-based products and services purchased by Client and subsequently made available by Ours Wellness.

2.3. “Data Protection Laws” means any and all Applicable Laws related to data privacy, data protection, data security, data transfer, breach notifications, or marketing, as applicable from time to time, and as amended from time to time, including without limitation, the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., including as amended by the California Privacy Rights Act of 2020 (“CCPA”); the Colorado Privacy Act, Colo. Rev. Stat. § 6-1-1301 et seq.; the Connecticut Personal Data Privacy and Online Monitoring Act, Conn. Gen. Stat. §§ 42-515 to 42-525 (“CTDPA”); Connecticut’s SB3, amending the CTDPA, Conn. Gen. Stat. § 42-522(a); the Delaware Personal Data Privacy Act, 6 Del. Code. § 12D-101 et seq.; the Iowa Consumer Data Protection Act, Iowa 2024 Code Chapter 715D; the Maryland Online Data Privacy Act, Md. Code Com. Law § 14-4601 et seq.; Minnesota Consumer Data Privacy Act, HF 4757; the Montana Consumer Data Privacy Act, Mont. Code §§ 30-14-2801 et seq.; the Nebraska Data Privacy Act, LB 1074; the Nevada Health Data Privacy Act, Nev. Rev. Stat. §§ 603A.400 to 603A.500; the New Hampshire Privacy Act, N.H. Rev. Stat. 507-H:1 et seq.; the New Jersey Privacy Act, N.J. Stat. 56:8-166.4 et seq.; the Oregon Consumer Data Privacy Act, ORS 646A.570; the Tennessee Information Protection Act, Tenn. Code § 47-18-3301 et seq.; the Texas Data Privacy and Security Act, Tex. Bus. & Com. Code 541.001 et seq.; the Utah Consumer Privacy Act, Utah Code § 13-61-101 et seq.; the Virginia Consumer Data Protection Act, Va. Code § 59.1-571 et seq.; Washington’s My Health My Data Act, Wash. Rev. Code § 19.373.005 et seq.; and all amendments, equivalent, comparable, or applicable privacy, security and data breach notification laws, and any regulations promulgated under any of the foregoing.

2.4. “Prohibited Personal Data” means any of the following: credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS“); social security numbers, driver’s license numbers or other government ID numbers; data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or genetic data or biometric data used for the purpose of uniquely identifying a natural person.

2.5. “Security Incident” means any actual unauthorized, accidental or unlawful access, acquisition, loss, destruction, use, alteration, modification or disclosure of Client Personal Data.

2.6. “Services” means professional consulting services purchased by Client and relating to assistance with Cloud Products or Software installation, deployment, or usage; or development or delivery of additional related software or technology.

2.7. “Software” means (i) the proprietary Ours Wellness basic code products that are installed by Client on digital properties; and (ii) all related Specifications for and any support and maintenance releases of the same Software.

2.8. “Specifications” means the technical specification documentation generally made available by Ours Wellness to its subscription Clients with regard to the Software. For the avoidance of doubt, “Specifications” does not include the business or legal specifications regarding the implementation and use of the Software, which are to be provided at Client’s exclusive direction and supervision.

2.9. “Business Purpose(s)”, “Controller”, "Data Subject(s)", “Personal Information”, “Person(s)”, “Process” (and other variations thereof), “Processor”, “Sale” (including “Sell” and other variations thereof), “Service Provider”, and “Share” (and other variations thereof) shall have the meanings given to those terms in Data Protection Laws.

3. Data Processing.

3.1. Relationship of the Parties. With respect to the Processing of Client Personal Data, Client acts as a Controller, and Ours Wellness act as Processor or Service Provider, as such terms are defined in Data Protection Laws.

3.2. Compliance With Data Protection Laws. Ours Wellness shall comply at all times with Data Protection Laws in connection with Client Personal Data, and shall provide Client with all reasonably requested assistance and cooperation to enable Client to comply with and fulfill its obligations under Data Protection Laws in connection with Client Personal Data. Upon Client’s reasonable request, Ours Wellness shall provide Client with all reasonably requested information in its possession necessary to demonstrate Ours Wellness’s compliance with its obligations under Data Protection Laws in connection with Client Personal Data.

3.3. Client Instructions and Obligations. Ours Wellness shall Process Client Personal Data in accordance with the instructions of Client. Ours Wellness shall inform Client in writing if Ours Wellness believes any of the instructions of Client violate Data Protection Laws. Client is responsible for the accuracy, quality, and legality of the Client Personal Data. Client warrants and represents to Ours Wellness that it has provided notice and obtained all consents, permissions, and rights necessary for Ours Wellness to lawfully Process Client Personal Data for the purposes contemplated by the Agreement. Client Personal Data shall only include sensitive data if the Agreement authorizes, with specificity, the exchange of such data, and Client has obtained the consents necessary to Process the sensitive data. If consent is not necessary, Client must have provided the Data Subject the opportunity to opt-out of such Processing.

3.4. Prohibited Data. Client shall not use the Cloud Products or Software to Process any Prohibited Personal Data. Client acknowledges that Ours Wellness is not a payment card processor and that the Cloud Products is not PCI DSS compliant. Ours Wellness shall have no liability under this DPA for use of Prohibited Personal Data, notwithstanding anything to the contrary herein.

3.5. Confidentiality. Ours Wellness shall ensure the confidential nature and use restrictions of Client Personal Data, and that access to Client Personal Data is limited to personnel needed to perform the Services and who are subject to the same restrictions and obligations set forth in this DPA, including a duty of confidentiality with respect to the Client Personal Data.

3.6. Subprocessors. Ours Wellness may subcontract its Processing obligations under this DPA, in whole or in part, to another person or entity (“Subprocessor(s)”). Any such activity between Ours Wellness and its Subprocessor shall be governed by a written contract that imposes contractual obligations on the Subprocessor that are as protective as those imposed on Ours Wellness in this DPA. Ours Wellness shall notify Client in of any intended changes concerning Subprocessors prior to such intended change. Client may object to the appointment of any new Subprocessor within fourteen (14) days of having been notified of the Ours Wellness’s appointment of the Subprocessor, in which event the parties shall negotiate in good faith this objection. In the event the parties, acting reasonably and in good faith, have not reached an amicable solution, then Client may terminate the portion of the Agreement that requires the employment of said Subprocessor.

3.7. Data Transfer. Ours Wellness may Process Client Personal Data in any country in which Ours Wellness and its Subprocessors operate to perform the Services, and Client authorizes Ours Wellness to perform any such transfer of Client Personal Data to any such country and to Process Client Personal Data in such country in relation to the provision of the Services.

3.8. Requests and Assistance. The Parties agree to provide assistance as is reasonably required and requested by the other Party to enable it to comply with a request from a Data Subject regarding Client Personal Data to exercise their rights under Data Protection Laws, or any complaint, investigation, or inquiry from a supervisory authority, regulator, or other third party that relates to the Processing activities and Client Personal Data in this Agreement (“Request”). Each Party is responsible for maintaining proper records of all Data Subject Requests it receives and decisions made with respect thereto, as required under Data Protection Laws.

3.9. Return or Deletion. Upon Client's request or after termination of the Agreement, Ours Wellness shall securely and permanently delete or provide to Client all Client Personal Data in Ours Wellness’s possession or control, unless Ours Wellness is required to retain the data under applicable law.

3.10. CCPA Provisions. To the extent that the CCPA applies to the Processing of Client Personal Data, the Parties further agree as follows:

(a) Ours Wellness shall Process Client Personal Data as a Service Provider.

(b) All Client Personal Data disclosed or made available to Ours Wellness pursuant to the Agreement is done so for the limited and specified Business Purpose(s) identified in Schedule 1.

(c) Ours Wellness shall comply with applicable obligations under the CCPA and shall notify Client in the event it makes a determination that it can no longer meets its obligations under the CCPA.

(d) Ours Wellness shall not Sell or Share the Client Personal Data. Except as permitted by the CCPA, Ours Wellness shall not collect, retain, use, or disclose the Client Personal Data for any purpose other than the Business Purpose(s) specified above or outside of the direct business relationship between Client and Ours Wellness or the above purposes.

(e) Except as permitted by the CCPA, Ours Wellness shall not combine Client Personal Data with Personal Data it receives from another person or persons, or otherwise.

(f) Client may take reasonable and appropriate steps to ensure Ours Wellness uses Client Personal data in a manner consistent with the Client’s obligations under the Data Protection Laws.

(g) Client may, upon notice, to take reasonable and appropriate steps to stop and remediate Ours Wellness’s unauthorized use of Client Personal Data

4. Security and Audits.

4.1. Security Measures. Ours Wellness shall implement and maintain reasonable security measures, procedures and practices appropriate to the nature of the Client Personal Data and as required by Data Protection Laws in connection with the Client Personal Data to protect such information from a Security Incident.

4.2. Security Incidents. In the event Ours Wellness has notice of a Security Incident, Ours Wellness will take any necessary action to stop the active breach or similar recurring breaches and shall notify Client in writing of the Security Incident and any third-party legal process relating to the Security Incident.

4.3. Audit Rights. Ours Wellness shall allow for, and contribute to, reasonable assessments and inspections by Client or Client’s designated assessor. Ours Wellness shall provide Client with access to such records, personnel, and facilities as Client may reasonably require for such purpose.

5. Indemnification and Liability.

5.1. Ours Wellness Indemnity. Subject to the remainder of this Section 5, Ours Wellness shall defend Client against any third party claim that the Cloud Products or Software infringes such third party’s U.S. patent or copyright (an “Infringement Claim”), and indemnify Client from the resulting costs and damages awarded against Client to the third party making such Infringement Claim, by a court of competent jurisdiction or agreed to in settlement; provided that Client: (a) notifies Ours Wellness promptly in writing of such Infringement Claim, (b) grants Ours Wellness sole control over the defense and settlement thereof, and (c) reasonably cooperates in response to a Ours Wellness request for assistance. Ours Wellness will have the exclusive right to defend any such Infringement Claim and make settlements thereof at its own discretion, and Client may not settle or compromise such Infringement Claim, except with prior written consent of Ours Wellness.

5.2. Options. Should any Cloud Products or Software become, or in Ours Wellness’s opinion be likely to become, the subject of such an Infringement Claim, Ours Wellness shall, at its option and expense, (a) procure for Client the right to make continued use of the Cloud Products or Software, (b) replace or modify such so that it becomes non-infringing, or (c) request return of the Software or termination of the access to the Cloud Products and upon such request the corresponding licenses under this Agreement shall be terminated and Ours Wellness shall refund the fees paid by Client for the term in which the Infringement Claim was asserted, less a pro rata portion of the fee reflecting that portion of the term that was fulfilled prior to termination.

5.3. Exclusions. Ours Wellness will have no obligation for claims of infringement resulting from (i) any modification of the Software by a party other than Ours Wellness if such infringement would have been avoided in the absence of such modifications; (ii) Client’s failure, within a reasonable time frame, to implement any replacement or modification of Cloud Products or Software provided by Ours Wellness; (iii) any combination, operation, or use of the Cloud Products or Software with any products, equipment, software, hardware, data, or business processes not supplied by Ours Wellness, including without limitation Client Data, (iv) use for a purpose or in a manner for which the Cloud Products or Software were not designed, (v) any intellectual property right owned or licensed by Client, excluding the Cloud Products or Software, (vi) Ours Wellness’s compliance with any materials, designs, specifications or instructions provided by Client, (vii) Client using the Cloud Products or Software after Ours Wellness notifies Client to discontinue using due to such a claim, or (viii) third party open source software.

5.4. Indemnity by Client. Client shall defend Ours Wellness against any third party Infringement Claim to the extent that they arise from any combination of Cloud Products or Software provided by Ours Wellness with products, data or business processes not supplied by Ours Wellness, and indemnify Ours Wellness for any damages, attorney fees and costs finally awarded against Ours Wellness as a result of, or for any amounts paid by Ours Wellness under a court-approved settlement of, an Infringement Claim against Ours Wellness; provided that Ours Wellness (a) promptly gives Client written notice of the Infringement Claim against Ours Wellness; (b) gives Client sole control of the defense and settlement of the Infringement Claim against Ours Wellness (provided that Client may not settle any Infringement Claim against Ours Wellness unless the settlement unconditionally releases Ours Wellness of all liability); and (c) provides to Client all reasonable assistance, at Client’s expense.

5.5. Limitation. THIS SECTION STATES CLIENT’S SOLE AND EXCLUSIVE REMEDY AND OURS WELLNESS’S ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.

5.6. LIMITATION OF LIABILITY AND DAMAGES. EACH PARTY’S TOTAL AGGREGATE LIABILITY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHER THEORY, WITH RESPECT TO ALL SUBJECT MATTER RELATING TO THE AGREEMENT SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID AND PAYABLE TO OURS WELLNESS (WHETHER OR NOT INVOICED) IN THE YEAR PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. NEITHER PARTY WILL BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF REVENUES; (C) LOSS OF PROFITS; (D) LOSS OR INACCURACY OF DATA; OR (E) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, ARISING IN CONNECTION WITH THIS DPA, IN EACH CASE, REGARDLESS OF THE FORM OF ACTION (AND WHETHER (B) THROUGH (E) ARE DIRECT, SPECIAL, INDIRECT, INCIDENT, OR CONSEQUENTIAL), WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHER THEORY. THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THIS SECTION 5.6 SHALL NOT APPLY TO INDEMNIFICATION OBLIGATIONS, CLIENT’S PAYMENT OBLIGATIONS, AND WILLFUL MISCONDUCT. NOTHING IN THIS DPA SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

6. Dispute Resolution. NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND OURS WELLNESS HAVE AGAINST EACH OTHER ARE RESOLVED AND REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST OURS WELLNESS TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

6.1. DISPUTE RESOLUTION PROCESS. This Dispute Resolution Process, including the obligation to arbitrate any claims against Ours Wellness, shall apply to Client’s use of the Software and Cloud Products, Client’s purchase of any product from Ours Wellness, the Messaging Program, or any other dispute Client may have with Ours Wellness, including claims that arose before the existence of this or any prior agreement between the parties (collectively, “Dispute”). For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern this Dispute Resolution Process and the arbitrability of all Disputes between Ours Wellness and Client. The law of the State of Delaware or federal law, where applicable, shall govern the substance of any Dispute.

6.2. Informal Dispute Resolution. If Client believe Client have a Dispute with Ours Wellness, please contact Ours Wellness by email at support@oursprivacy.com so Ours Wellness can try to resolve Client’s concerns. Ours Wellness will likewise contact Client by email or other available contact information if it believes it has a Dispute with Client. For a period of sixty (60) days from the date of receipt of notice from the other party, Ours Wellness and Client will engage in a dialogue directly through consultation and good faith negotiations in order to attempt to resolve the Dispute, though nothing will require either Client or Ours Wellness to resolve the Dispute on terms with respect to which Client and Ours Wellness are not comfortable. Most concerns may be quickly resolved in this manner. Participation in this informal dispute resolution process—during which any applicable statute of limitations or filing fee deadline will be tolled—shall be a precondition to either party initiating a lawsuit or arbitration. Any Dispute that is not resolved through informal resolution shall be submitted to binding arbitration or small claims court as provided below.

6.3. Binding Arbitration. If we cannot resolve a Dispute as set forth in the manner described in the preceding paragraph within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES BETWEEN YOU AND Ours Wellness (BASED IN CONTRACT, TORT, STATUTE, REGULATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT (OTHER THAN SMALL CLAIMS COURT) AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any Dispute will be resolved solely by binding individual arbitration before the American Arbitration Association (“AAA”) using AAA’s then-current Consumer Arbitration Rules, including, when applicable, AAA’s Mass Arbitration Supplementary Rules. Client can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org. The arbitration will be conducted by a single arbitrator who shall be a retired state or federal court judge and who shall apply and be bound by these Terms. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator. Remedies that would otherwise be available to the parties under applicable federal, state or local laws remain available under this arbitration clause. The arbitrator will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a written statement of the essential findings and conclusions on which the award is based for each claim asserted. All issues are for the arbitrator to decide, including issues of arbitrability of any Dispute, except that issues relating to whether the parties have entered a valid agreement to arbitrate are for the court to decide. To provide the most efficient resolution process, arbitration hearings may be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting if the arbitrator determines that such a meeting is necessary for a fundamentally fair hearing. The in-person hearing shall take place in Client’s county of residence or some other location that is convenient for Client..

(a) No Class Action Matters. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PARTICIPATE IN A CLASS ACTION, OR SEEK RELIEF ON A CLASS BASIS. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the provisions of the Section titled “Jurisdictional Issues” below. The arbitrator does not have the power to vary these class action waiver provisions.

(b) Arbitration Fees. If Client initiate the arbitration, Client will be responsible for paying the initial arbitration fee. All other costs of the arbitration will be borne by Ours Wellness. Client will be responsible for Client’s own attorney fees and expenses unless the arbitration rules or applicable law permit Client to recover Client’s attorneys’ fees. Client will not be required to pay any fees or costs incurred by Ours Wellness if Client do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award Ours Wellness attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If Ours Wellness initiates an arbitration against Client, Ours Wellness will pay all costs associated with the arbitration (other than Client’s attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

(c) Injunctive Relief. The foregoing provisions of this Dispute Resolution Process will not apply to any legal action taken by Ours Wellness to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to or arising out of the Messaging Program, Ours Wellness’s intellectual property rights, Ours Wellness’s operations, or Ours Wellness’s products or services.

(d) Small Claims Matters are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying Dispute in a small claims court of competent jurisdiction.

(e) 30-Day Right to Opt Out. Client have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Client’s decision to opt out to the following address via certified mail: 1220 Blalock Road, Suite 300, Houston, TX 77055, Attention: Legal Department. The notice must be sent within thirty (30) days after the date Client first agreed to these terms of use, , otherwise Client shall be bound to arbitrate disputes in accordance with the terms of those Sections. If Client opt out of these arbitration provisions, Ours Wellness also will not be bound by them.

(f) Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Delaware. Client and Ours Wellness consent to the exclusive personal jurisdiction and venue of such courts for such matters. The law of the State of Delaware or federal law, where applicable, shall govern the substance of any Dispute (nonetheless, the FAA governs this Dispute Resolution Process).

Schedule 1

Details of Processing Activities

Subject Matter of Processing: The Processing is in relation to Our Wellness’s provision of Cloud Products, Software, and Services to Client.

Duration: The duration of the Processing is until the earlier of (i) request by Client to stop further Processing; or (ii) expiration/termination of the DPA.

Categories of Data Subjects. Client Personal Data may include the following categories of Data Subjects:

• Client's end users

• Client’s subscribers

• Client's employees and contractors

Categories of Personal Data. Client Personal Data may include the following categories of Personal Data:

• Contact information (name, address, telephone number, email address, etc.)

• Commercial and behavioral information (purchasing histories, transaction details, expressed interests and tendencies, audience information)

• Demographic or biographical information (date of birth, age, gender, nationality, income level, employment information, household information, etc.)

• Device identifiers and internet or electronic network activity (IP addresses, GAID/IDFA, browsing history, timestamps)

• Geolocation information

Sensitive Data. Client Personal Data may include the following categories of sensitive Personal Data:

• Health data (including data that can be used to identify physical or mental health conditions or treatment) or genetic data

Frequency of Transfers: The frequency of the transfer of Personal Data will be on a continuous basis.

Nature and Purpose of Processing:

• Performing services on behalf of Client

• Maintaining or servicing accounts

• Providing analytic services

• Providing advertising and marketing services

Retention: Personal Data will be retained for the duration of the Processing (as described above), and only after the duration where applicable law requires retention of the Personal Data and subject to the obligations in the DPA.