Data Processor Agreement Ver 1.1

1. Introduction

   1. This agreement regarding processing of personal data (the ”Data Processor Agreement” or “DPA”) regulates M-BIZ Global AG, Company registration CHE-339.626.146, and its affiliates who are under common control by M-BIZ Global AG (the ”Data Processor”) processing of personal data on behalf of the Customer or Advertiser (the ”Data Controller”) and is attached as appendix A to the https://www.aitalk.ch/law/terms-of-use (the ”Main Agreement”), in which the parties have agreed the terms for the Data Processor’s delivery of services to the Data Controller (the ”Main Services”). The term “You” in the Main Agreement refers to the Customer who publishes their services using AI Talk provided by M-BIZ Global AG for their marketing campaign towards their audience as the “Data Controller”. “Customer Data” means any personal data that M-BIZ Global AG processes on behalf of Customer or Advertiser as a Data Processor in the course of providing the services as described in the Main Agreement and in the DPA.

   2. This DPA applies where and only to the extent that M-BIZ Global AG processes Customer Data originating from the EEA and/or subject to EU Data Protection Law on behalf of Customer as Data Processor in the course of providing Services pursuant to the Main Agreement.

   3. Any claims against M-BIZ Global AG or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Main Agreement. Customer further agrees that any regulatory penalties arising from Customer’s failure to comply with obligations under this DPA shall reduce M-BIZ Global AG’s liability under the Agreement.

   4. This DPA shall be governed by the governing law and jurisdiction provisions in the Main Agreement.

2. Legislation

   1. The Data Processor Agreement ensures compliance with applicable data protection and privacy legislation (“Applicable Law”), including GDPR (Regulation 2016/679).

3. Processing of Personal Data

   1. Roles: Customer is the Data Controller of Customer Data, and M-BIZ Global AG processes Customer Data solely as Data Processor on behalf of Customer.

   2. Customer Obligations: Customer must comply with Data Protection Laws and provide necessary consents and rights for data processing.

   3. Processor Obligations: M-BIZ Global AG processes Customer Data strictly per Customer’s instructions defined in this DPA and the Agreement.

   4. Details: Processing includes providing an AI-based assistant service, analytics, customer interaction management, and related tools.

   5. M-BIZ Global AG retains the right to use operational data for legitimate business purposes as Data Controller under its Privacy Policy.

4. Instruction

   M-BIZ Global AG processes data strictly per the documented instructions of Customer for delivering the Main Services.

5. Obligations of the Data Processor

   Includes confidentiality, security, compliance documentation, assistance in data protection impact assessments, responding to data subject requests, and maintaining a register of Personal Data Breaches.

6. Sub-Processors

   Customer authorizes engagement with Sub-processors, including Amazon Web Services located in Ireland. Additional analytics services (Google, Mixpanel, Facebook, MailChimp) require customer confirmation.

7. Breach and Liability

   Liability conditions under this DPA match the Main Agreement terms. Liability limitations apply except for gross negligence or regulatory expenses.

8. Duration and Termination

   DPA remains valid until termination of the Main Agreement, after which M-BIZ Global AG continues necessary processing per applicable law and deletes Customer Data as instructed.

9. Sub-appendix A

   • - Personal Data includes employee contact information, user data (names, emails), and usage-related information.

   • - Data subjects include customers and end-users.

10. Sub-appendix B

    • - Authorized Sub-processor: Amazon Web Services (Ireland).

    • - Future Sub-processors notified per procedures in this DPA.