Data Processing Addendum

Last updated: January 30, 2024

This Data Processing Addendum (“DPA”) supplements the Terms of Service (the “Terms”), entered into by and between the customer that is a party to the Terms (“Customer”) and Released PTY LTD, 273 Lilyfield Road, 2040 NSW, Australia ("Company")

By agreeing to and accepting the Terms (which reference this DPA), the parties enter into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws (defined below), in the name and on behalf of its Affiliates (defined below), if any. This DPA is effective on the date that it has been entered into by the parties (“Effective Date”) and amends, supersedes and replaces any prior agreement relating to data processing and/or data protection the parties entered into. This DPA forms an integral part of the Terms.

1. Definitions

Any terms not defined in this DPA shall have the meaning set forth in the Terms.

1.1 “Affiliate” means (i) an entity of which a party directly or indirectly owns fifty percent (50%) or more of the stock or other equity interest, (ii) an entity that owns at least fifty percent (50%) or more of the stock or other equity interest of a party, or (iii) an entity which is under common control with a party by having at least fifty percent (50%) or more of the stock or other equity interest of such entity and a party owned by the same person, but such entity shall only be deemed to be an Affiliate so long as such ownership exists

1.2 “Authorized Sub-Processor” means a third-party who has a need to know or otherwise access Customer’s Personal Data to enable Company to perform its obligations under this DPA or the Terms, and who is either (1) listed on the List (as defined below) or (2) subsequently authorized under Section 4.2 of this DPA.

1.3 “Company Account Data” means personal data that relates to Company’s relationship with Customer, including the names or contact information of individuals authorized by Customer to access Customer’s account and billing information of individuals that Customer has associated with its account. Company Account Data also includes any data Company may need to collect for the purpose of managing its relationship with Customer, identity verification, or as otherwise required by applicable laws and regulations.

1.4 “Company Usage Data” means Service usage data collected and processed by Company in connection with the provision of the Services, including without limitation data used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Services, and to investigate and prevent system abuse.

1.5 “Data Exporter” means Customer.

1.6 “Data Importer” means Company.

1.7 “Data Protection Laws” means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of Personal Data, including, without limitation: (i) California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 et seq.) as amended by the California Privacy Rights Act (“CPRA”); (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”) and the EU GDPR as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) (together, collectively, the “GDPR”); (iii) the UK Data Protection Act 2018; (iv) the Privacy and Electronic Communications (EC Directive) Regulations 2003; and (v) the Virginia Consumer Data Protection Act (Va. Code §§ 59.1-575 et seq.) (“VCDPA”); in each case, as updated, amended or replaced from time to time. The terms “Data Subject,” “Personal Data,” “Personal Data Breach,” “processing,” “processor,” “controller,” and “supervisory authority” shall have the meanings set forth in the GDPR.

1.8 “EU SCCs” means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time), as modified by Section 6.2 of this DPA.

1.9 “ex-EEA Transfer” means the transfer of Personal Data, which is processed in accordance with the GDPR, from the Data Exporter to the Data Importer (or its premises) outside the European Economic Area (the “EEA”), and such transfer is not governed by an adequacy decision made by the European Commission in accordance with the relevant provisions of the GDPR.

1.10 “ex-UK Transfer” means the transfer of Personal Data covered by Chapter V of the UK GDPR, which is processed in accordance with the UK GDPR and the Data Protection Act 2018, from the Data Exporter to the Data Importer (or its premises) outside theUnited Kingdom (the “UK”), and such transfer is not governed by an adequacy decision made by the Secretary of State in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018.

1.11 “Security Incident” means a confirmed or reasonably suspected accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.

1.12 “Services” shall have the meaning set forth in the Terms.

1.13 “Standard Contractual Clauses” means the EU SCCs and the UK SCCs.

1.14 “Third Party Request” means any request, correspondence, inquiry, or complaint from a data subject, regulatory authority, or third party.

1.15 “UK SCCs” means the EU SCCs, as amended by the UK Addendum.

2. Relationship of the Parties; Processing of Data

2.1 The parties acknowledge and agree that with regard to the processing of Personal Data, Customer may act either as a controller or processor and, except as expressly set forth in this DPA or the Terms, Company is a processor. Customer shall, in its use of the Services, at all times process Personal Data in compliance with Data Protection Laws. Customer is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to Company by or on behalf of Customer, (ii) the means by which Customer acquired any such Personal Data, and (iii) the instructions it provides to Company regarding the processing of such Personal Data (as described below). Customer shall not provide or make available to Company any Personal Data in violation of the Terms or otherwise inappropriate for the nature of the Services, and shall indemnify Company from all claims and losses in connection there with.

Customer appoints Company as a processor to process Personal Data on behalf of, and in accordance with, Customer’s instructions (a) as set forth in the Terms, this DPA, and as otherwise necessary to provide the Services to Customer, and which includes investigating security incidents and preventing spam, fraudulent activity, and detecting and preventing network exploits or abuse; (b) as necessary to comply with applicable law or regulation, including applicable Data Protection Laws; and (c) as otherwise agreed in writing between Customer and Company. Customer acknowledges that Company is neither responsible for determining which laws or regulations are applicable to Customer’s business nor whether Company’s provision of the Services meets or will meet the requirements of such laws or regulations. Company will inform Customer if it becomes aware, or reasonably believes, that Customer’s instructions violate any applicable law or regulation, including applicable Data Protection Laws.

2.2 Company shall not process Personal Data (i) for purposes other than those set forth in the Terms and/or Exhibit A, (ii) in a manner inconsistent with the terms and conditions set forth in this DPA or any other documented instructions provided by Customer, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by applicable Data Protection Laws, and in such a case, the Company shall inform the Customer of such legal requirement before processing, unless that law prohibits such information on important grounds of public interest, or (iii) in violation of Data Protection Laws. Customer hereby instructs Company to process Personal Data in accordance with the foregoing and as part of any processing initiated by Customer in its use of the Services.

2.3 The subject matter, nature, purpose, and duration of this processing by Company, as well as the types of Personal Data collected and categories of Data Subjects, are described in Exhibit A to this DPA.

2.4 Following completion of the Services, at Customer’s choice, Company shall return or delete Customer’s Personal Data, unless further storage of such Personal Data is required or authorized by applicable Data Protection Laws. If return or destruction is impracticable or prohibited by law, rule or regulation, Company shall take measures to block such Personal Data from any further processing (except to the extent necessary for its continued hosting or processing required by law, rule or regulation) and shall continue to appropriately protect the Personal Data remaining in its possession, custody, or control. If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the certification of deletion of Personal Data that is described in Clause 8.1(d) and Clause 8.5 of the EU SCCs (as applicable) shall be provided by Company to Customer only upon Customer’s request.

3. Confidentiality

3.1 Customer agrees that Company may disclose Personal Data to its advisers, auditors or other third parties as reasonably required in connection with the performance of its obligations under this DPA, the Terms, or the provision of Services to Customer.

3.2 In the event any Third Party Request is made directly to Company in connection with Company’s processing of Personal Data, Company will promptly inform Customer and provide details of the same, to the extent legally permitted. Company will not respond to any Third Party Request without Customer’s prior consent, except as legally required to do so or to confirm that such Third Party Request relates to Customer.

3.3 Company will ensure that any person it authorizes to process Personal Data has agreed to protect Personal Data in accordance with Company’s confidentiality obligations as set forth in the Terms.

4. Authorized Sub-Processors

4.1 Customer acknowledges and agrees that Company may (1) engage its Affiliates and (2) the Authorized Sub-Processors in accordance with Section 4.2, in each case, to access and process Personal Data in connection with the Services. Customer provides general written authorization to Company to engage sub-processors as necessary to perform the Services.

4.2 A list of Company’s current Authorized Sub-Processors (the “List”) is available here. Such List may be updated by Company from time to time. The List contains a mechanism for Customers to subscribe to notifications of new Authorized Sub-Processors. If Customer subscribes to such notifications, Company will provide details of any change in Authorized Sub-Processors as soon as reasonably practicable. At least ten (10) days before enabling any third party other than existing Authorized Sub-Processors to access or participate in the processing of Personal Data, Company will add such third party to the List and notify Customer in writing, which may be posted via our Authorized Sub-Processor change log here. Customer may object to such an engagement by informing Company within ten (10) days of receipt of the aforementioned notice by Customer, provided such objection is in writing and based on reasonable grounds relating to data protection. Customer acknowledges that certain sub-processors are essential to providing the Services and that objecting to the use of a sub-processor may prevent Company from offering the Services to Customer.

4.3 If Customer reasonably objects to an engagement in accordance with Section 4.2, and Company cannot provide a commercially reasonable alternative within 90 days of such objection, Customer may discontinue the use of the affected Service by providing written notice to Company. Discontinuation shall not relieve Customer of any fees owed to Company under the Terms.

4.4 If Customer does not object to the engagement of a third party in accordance with Section 4.2 within ten (10) days of notice by Company, that third party will be deemed an Authorized Sub-Processor for the purposes of this DPA.

4.5 Company agrees to impose contractual data protection obligations, including appropriate technical and organizational measures to protect personal data, on any sub-processor it appoints that require such Authorized Sub-Processor to protect Personal Data to the standard required by Applicable Data Protection Law and this DPA. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such agreement with Company, Company will remain liable to Customer for the performance of the Authorized Sub-Processor’s obligations under such agreement.

4.6 If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), (i) the above authorizations will constitute Customer’s prior written consent to the subcontracting by Company of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the parties agree that the copies of the agreements with Authorized Sub-Processors that must be provided by Company to Customer pursuant to Clause 9(c) of the EU SCCs may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by the Company beforehand, and that such copies will be provided by the Company only upon request by Customer.

5. Security of Personal Data

‍5.1 Taking into account the nature, scope, context and purposes of processing and many other factors, Company shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing Personal Data. Exhibit C sets forth additional information about Company’s technical and organizational security measures.

5.2 Company will provide notification of a Security Incident in the following manner:

(a) Customer will, to the extent permitted by applicable law or regulation, notify Customer without undue delay, but in no event later than seventy-two (72) hours after Customer’s discovery of a Security Incident impacting Personal Data of which Company is a processor;

‍(b) Company will, to the extent permitted and required by applicable law or regulation, notify Customer without undue delay of any Security Incident involving Company Account Data and/or Company Usage Data of which Company is a controller; and

(c) Company will notify Customer of any Security Incident via email to the email address(es) designated by Customer in Customer’s account.

Company will make reasonable efforts to identify a Security Incident, and to the extent a Security Incident is caused by Company’s violation of this DPA, without undue delay, remediate the cause of such Security Incident based on its sole discretion to the extent Company deems necessary and reasonable to remediate such violation. Company will provide reasonable assistance to Customer in the event that Customer is required under applicable Data Protection Laws to notify a regulatory authority or any data subjects impacted by a Security Incident. Company’s obligation to report or respond to a Security Incident will not be construed as an acknowledgement by Company of any fault or liability with respect to the Security Incident.

6. Transfers of Personal Data

6.1 The parties agree that Company may transfer Personal Data processed under this DPA outside the EEA, the UK, or Switzerland as necessary to provide the Services. Customer acknowledges that Company’s primary processing operations take place in the United States, and that the transfer of Customer’s Personal Data to the United States is necessary for the provision of the Services to Customer. If Company transfers Personal Data protected under this DPA to a jurisdiction for which the European Commission has not issued an adequacy decision, Company will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws.

6.2 Ex-EEA Transfers. The parties agree that ex-EEA Transfers are made pursuant to the EU SCCs, which are deemed entered into (and incorporated into this DPA by this reference) and completed as follows:

6.2.1 Module One (Controller to Controller) of the EU SCCs apply when Company is processing Personal Data as a controller pursuant to Section 9 of this DPA.

6.2.2 Module Two (Controller to Processor) of the EU SCCs apply when Customer is a controller and Company is processing Personal Data for Customer as a processor pursuant to Section 2 of this DPA.

6.3 For each module, where applicable the following applies:

6.3.1 The optional docking clause in Clause 7 does not apply;

6.3.2 In Clause 9, Option 2 (general written authorization) applies, and the minimum time period for prior notice of sub-processor changes shall be as set forth in Section 4.2 of this DPA;

6.3.3 In Clause 11, the optional language does not apply;

6.3.4 All square brackets in Clause 13 are hereby removed;

6.3.5 In Clause 17 (Option 1), the EU SCCs will be governed by the laws of Ireland;

6.3.6 In Clause 18(b), disputes will be resolved before the courts of Dublin, Ireland;

6.3.7 Exhibit B to this DPA contains the information required in Annex I and Annex III of the EU SCCs;

6.3.8 Exhibit C to this DPA contains the information required in Annex II of the EU SCCs; and

6.3.9 By entering into this DPA, the parties are deemed to have signed the EU SCCs incorporated herein, including their Annexes.

6.4 Ex-UK Transfers. The parties agree that ex-UK Transfers are made pursuant to the UK SCCs, which are deemed entered into and incorporated into this DPA by reference, and amended and completed in accordance with the UK Addendum, which is incorporated herein as Exhibit D of this DPA.

6.5 Transfers from Switzerland. The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:

6.5.1 The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the Federal Act on Data Protection of 19 June 1992 (the “FADP,” and as revised as of 25 September 2020, the “Revised FADP”) with respect to data transfers subject to the FADP.

6.5.2 The terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP.

6.5.3 Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Section 13 shall be observed.

6.5.4 The term “EU Member State” as utilized in the EU SCCs shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from exercising their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.

6.6 Supplementary Measures. In respect of any ex-EEA Transfer or ex-UK Transfer, the following supplementary measures shall apply:

6.6.1 As of the date of this DPA, the Data Importer has not received any formal legal requests from any government intelligence or security service/agencies in the country to which the Personal Data is being exported, for access to (or for copies of) Customer’s Personal Data (“Government Agency Requests”);

6.6.2 If, after the date of this DPA, the Data Importer receives any Government Agency Requests, Company shall attempt to redirect the law enforcement or government agency to request that data directly from Customer. As part of this effort, Company may provide Customer’s basic contact information to the government agency. If compelled to disclose Customer’s Personal Data to a law enforcement or government agency, Company shall give Customer reasonable notice of the demand and cooperate to allow Customer to seek a protective order or other appropriate remedy unless Company is legally prohibited from doing so. Company shall not voluntarily disclose Personal Data to any law enforcement or government agency. Data Exporter and Data Importer shall (as soon as reasonably practicable) discuss and determine whether all or any transfers of Personal Data pursuant to this DPA should be suspended in the light of the such Government Agency Requests; and

6.6.3 The Data Exporter and Data Importer will meet regularly to consider whether:

(i) the protection afforded by the laws of the country of the Data Importer to data subjects whose Personal Data is being transferred is sufficient to provide broadly equivalent protection to that afforded in the EEA or the UK, whichever the case may be;

(ii) additional measures are reasonably necessary to enable the transfer to be compliant with the Data Protection Laws; and

(iii) it is still appropriate for Personal Data to be transferred to the relevant Data Importer, taking into account all relevant information available to the parties, together with guidance provided by the supervisory authorities.

6.6.4 If Data Protection Laws require the Data Exporter to execute the Standard Contractual Clauses applicable to a particular transfer of Personal Data to a Data Importer as a separate agreement, the Data Importer shall, on request of the Data Exporter, promptly execute such Standard Contractual Clauses incorporating such amendments as may reasonably be required by the Data Exporter to reflect the applicable appendices and annexes, the details of the transfer and the requirements of the relevant Data Protection Laws.

6.6.5 If either (i) any of the means of legitimizing transfers of Personal Data outside of the EEA or UK set forth in this DPA cease to be valid or (ii) any supervisory authority requires transfers of Personal Data pursuant to those means to be suspended, then Data Importer may by notice to the Data Exporter, with effect from the date set out in such notice, amend or put in place alternative arrangements in respect of such transfers, as required by Data Protection Laws.

7. Rights of Data Subjects

7.1 Company shall, to the extent permitted by applicable Data Protection Law, notify Customer upon receipt of a request by a Data Subject to exercise the Data Subject’s right of: access, rectification, erasure, data portability, restriction or cessation of processing, withdrawal of consent to processing, and/or objection to being subject to processing that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”). If Company receives a Data Subject Request in relation to Customer’s data, Company will advise the Data Subject to submit their request to Customer and Customer will be responsible for responding to such request, including, where necessary, by using the functionality of the Services. Customer is solely responsible for ensuring that Data Subject Requests for erasure, restriction or cessation of processing, or withdrawal of consent to processing of any Personal Data are communicated to Company, and, if applicable, for ensuring that a record of consent to processing is maintained with respect to each Data Subject.

7.2 Company shall, at the request of the Customer, and taking into account the nature of the processing applicable to any Data Subject Request, assist Customer in complying with Customer’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance within the timeframe of applicable Data Protection Laws, where possible, provided that (i) Customer is itself unable to respond without Company’s assistance (including pursuant to any self-service features made available to Customer) and (ii) Company is able to do so in accordance with all applicable Data Protection Laws. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.

8. Actions and Access Requests; Audits

8.1 Company shall, taking into account the nature of the processing and the information available to Company, provide Customer with reasonable cooperation and assistance where necessary for Customer to comply with its obligations under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance, provided that Customer does not otherwise have access to the relevant information. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.

8.2 Company shall, taking into account the nature of the processing and the information available to Company, provide Customer with reasonable cooperation and assistance with respect to Customer’s cooperation and/or prior consultation with any governmental authority, where necessary and where required by the GDPR. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.

8.3 Customer and Company acknowledge that Customer must be able to assess Company’s compliance with its obligations under applicable Data Protection Laws and this DPA. Company shall maintain records sufficient to demonstrate its compliance with its obligations under this DPA, and retain such records for a period of three (3) years after the termination of the Terms.

8.4 Upon Customer’s written request at reasonable intervals, and subject to reasonable confidentiality controls, Company shall, either (i) make available for Customer’s review copies of certifications or reports demonstrating Company’s compliance with prevailing data security standards applicable to the processing of Customer’s Personal Data, or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Data Protection Laws, allow Customer’s independent third party representative to conduct an audit or inspection of Company’s data security infrastructure and procedures that is sufficient to demonstrate Company’s compliance with its obligations under Data Protection Laws, provided that (a) Customer provides reasonable prior written notice of any such request for an audit and such inspection shall not be unreasonably disruptive to Company’s business; (b) such audit shall only be performed during business hours and occur no more than once per calendar year; and (c) such audit shall be restricted to data relevant to Customer. Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Company for any time expended for on-site audits. If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the audits described in Clause 8.9 of the EU SCCs shall be carried out in accordance with this Section 8.4.

8.5 Company shall immediately notify Customer if an instruction, in the Company’s opinion, infringes the Data Protection Laws or supervisory authority.‍

9. Company’s Role as a Controller

The parties acknowledge and agree that with respect to Company Account Data and Company Usage Data, Company is an independent controller, not a joint controller with Customer. Company will process Company Account Data and Company Usage Data as a controller (i) to manage the relationship with Customer; (ii) to carry out Company’s core business operations, such as accounting, audits, tax preparation and filing and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of the Services, and to prevent harm to Customer; (iv) for identity verification purposes; (v) to comply with legal or regulatory obligations applicable to the processing and retention of Personal Data to which Company is subject; and (vi) as otherwise permitted under Data Protection Laws and in accordance with this DPA and the Terms. Company may also process Company Usage Data as a controller to provide, optimize, and maintain the Services, to the extent permitted by Data Protection Laws. Any processing by the Company as a controller shall be in accordance with the Company’s Privacy Policy.

10. Conflict

In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the applicable terms in the Standard Contractual Clauses; (2) the terms of this DPA; (3) the Terms; and (4) the Company’s privacy policy. Any claims brought in connection with this DPA will be subject to the terms and conditions, including, but not limited to, the exclusions and limitations set forth in the Terms.

Exhibit A - Details of Processing

Nature and Purpose of Processing: Company will process Customer’s Personal Data as necessary to provide the Services under the Terms, for the purposes specified in the Terms and this DPA, and in accordance with Customer’s instructions as set forth in this DPA. The nature of the processing shall include, without limitation: Receiving, holding, using, updating, protecting, returning, erasing data.

Duration of Processing: Company will process Customer’s Personal Data as long as required (i) to provide the Services to Customer under the Terms; (ii) for Company’s legitimate business needs; or (iii) by applicable law or regulation. Company Account Data and Company Usage Data will be processed and stored as set forth in Company’s privacy policy.

Categories of Data Subjects: Personal Data of any other individuals provided by Customer in connection with the Services (including Customer’s employees and end users)

Categories of Personal Data: Company processes Personal Data contained in Company Account Data, Company Usage Data, and any Personal Data provided by Customer (including any Personal Data Customer collects from its end users and processes through its use of the Services) or collected by Company in order to provide the Services or as otherwise set forth in the Terms or this DPA.

Categories of Personal Data may include real name (as provided by Customer), internet protocol address, email address, job function, work or personal address, account name, or any other Personal Data inputted by Customer on behalf of Customer’s employees or end-users.

Sensitive Data or Special Categories of Data: Company’s Terms forbid Customer from processing any data containing passwords, credit card information,Patient Health Information, personal identification numbers or other similar types of sensitive personal information.

Exhibit B - Authorized persons, entitled persons, Communication channel

The following includes the information required by Annex I and Annex III of the EU SCCs, and Table 1, Annex 1A, and Annex 1B of the UK Addendum.

1. The Parties

Data exporter(s):

‍Name: Customer

Address: As designated by Customer under my.atlassian.com for the respective product identified by the SEN (Service Entitlement Number).

Contact person’s name, position and contact details: As designated by Customer under my.atlassian.com for the respective product identified by the SEN (Service Entitlement Number).

Signature and date: By signing up for the Services and accepting the Terms, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, as of the Effective Date of the Terms.

Role (controller/processor): The Data Exporter’s role is set forth in Section 2 of this DPA.

Data importer(s):

Name: Released Software PTY LTD

Address: 273 Lilyfield Road, Lilyfield 2040 NSW, Australia

Contact details:

Via email: [email protected]

Signature and date: By entering into the Terms, Data Importer is deemed to have signed these Standard Contractual Clauses incorporated herein, as of the Effective Date of the Terms.

Role(controller/processor): The Data Importer’s role is set forth in Sections 2 and 9 of this DPA.

2. Description of the Transfer

Data Subjects	As described in Exhibit A of the DPA.
Categories of Personal Data	As described in Exhibit A of the DPA.
Special Category Personal Data (if applicable)	As described in Exhibit A of the DPA.
Nature of the Processing	As described in Exhibit A of the DPA.
Purposes of Processing	As described in Exhibit A of the DPA.
Duration of Processing and Retention (or the criteria to determine such period)	As described in Exhibit A of the DPA.
Frequency of the transfer	As necessary to provide perform all obligations and rights with respect to Personal Data as provided in the Terms or DPA
Recipients of Personal Data Transferred to the Data Importer	The Company maintains a public list of sub processors available here.

3. Competent Supervisory Authority

The supervisory authority shall be the supervisory authority of the Data Exporter, as determined in accordance with Clause 13 of the EU SCCs. The supervisory authority for the purposes of the UK Addendum shall be the UK Information Commissioner’s Officer.

Exhibit C - Technical and Organizational Security Measures

The following includes the information required by Annex II of the EU SCCs and Annex II of the UK Addendum.

1. Purpose. This Exhibit describes the security program of the Processor, security certifications, and physical, technical, organizational and administrative controls and measures to protect Personal Data from unauthorized access, destruction, use, modification or disclosure (the “Security Measures“). The Security Measures are intended to be in line with the commonly-accepted standards of similarly-situated software-as-a-service providers (“industry standard“).

2. Updates and Modifications. The Security Measures are subject to technical progress and development and the Processor may update or modify the Security Measures from time to time, provided that such updates and modifications do not materially degrade or diminish the overall security of the application, as described in this document.

3. Definitions. Any capitalized terms used but not defined in this document have the meanings set out in the Terms of Service, as applicable.

4. Security Measures. The Security Measures are described in the following table:

Measure	Measure Description
Measures of pseudonymisation and encryption of personal data	Data Encryption The Processor has and will maintain: (i) an established method to encrypt Personal Data in transit and at rest; (ii) an established method to securely store passwords following industry standard practices; and (iii) use established key management methods. Any Personal Data is encrypted in transit over public networks using TLS 1.2 or greater, with Perfect Forward Secrecy (PFS) to protect it from unauthorized disclosure or modification. Data drives on servers holding Personal Data and attachments use full disk, industry-standard, AES-256 encryption at rest.
Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services	Security Program The Processor will maintain a security management program that includes but is not limited to: a) executive review, support and accountability for all security related policies and practices; b) a written information security policy and framework that meets or exceeds industry standards and that, as a baseline, includes (i) defined information security roles and responsibilities, (ii) a formal and effective risk mitigation program and (iii) a service provider security management program; c) periodic risk assessments of all Processor owned or leased systems processing Personal Data; d) prompt review of security incidents affecting the security of the Processor's systems processing Personal Data, including determination of root cause and corrective action; e) processes to document non-compliance with the security measures; g) processes to identify and quantify security risks, develop mitigation plans, which must be approved by the Processor's CEO (or one of their delegates), and track the implementation of such plans; and h) a comprehensive security testing methodology that consists of diverse and independent approaches that, when combined, are reasonably designed to maximize coverage for a varied and diverse set of attack vectors. The Processor will periodically (and, in any event, no less frequently than annually) review, test and, where applicable, update such security management program. Security Incident Notification The Processor will notify the Controller of Security Incidents in accordance with the DPA. Employee Screening, Training, Access and Controls The Processor will maintain policies and practices that include the following controls and safeguards applied to the Processor's staff who have access to Personal Data and/or provide Services to the Controller: a) pre-hire background checks (including criminal record inquiries) on the Processor's job candidates, which are conducted by a third-party background check provider and in accordance with applicable Laws and generally accepted industry standards; b) periodic security awareness training; c) a disciplinary policy and process to be used when staff violate the Processor's security policies; d) access to the Processor's IT systems only from devices with appropriate technical security controls (including two-factor authentication); e) controls designed to limit access to Personal Data to only those staff with an actual need-to-know such Personal Data. Such controls include the use of a formal access management process for the request, review, approval and provisioning for all staff of the Processor with access to Personal Data; Other matters See the items below titled “Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident,“ and “Measures for the protection of data during storage“.
Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident	Resilience Program The Processor's business continuity and disaster recovery plans (collectively, the “BCDR Plans“) will address at least the following topics: a) the availability of human resources with appropriate skill sets; b) the availability of all IT infrastructure, telecommunications capabilities and any other technology used or relied upon by the Processor in the provision of the Products; c) The Processor's plans for storage and continuity of use of data and software; d) the potential impact of cyber events and the Processor's ability to maintain business continuity in light of such events, as well as a framework and procedure to respond to and remediate such events; e) the management of data corruption incidents; and f) procedures and frequency of testing of the BCDR Plans. The Processor will periodically (and, in any event, no less frequently than annually) review, test and, where applicable, update the BCDR Plans
Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing	Compliance Program The Processor will maintain a compliance program that includes independent third-party audits and certifications. The Processor will make available to the Controller, via the Processor's Compliance Site, copies of the most up-to-date version of the following third-party certifications or reports in relation to the Released app: (i) a SOC2 Type II report; Vulnerability Management The Processor will maintain the following vulnerability management processes: Vulnerability Scanning and Remediation. The Processor employs processes and tools in line with industry standards to conduct frequent vulnerability scanning to test the Processor's network and infrastructure and application vulnerability testing to test applications and services. The processor applies security patches to software components in production and development environments as soon as commercially practicable. Identifying Malicious Threats. The processor employs processes and tools in line with industry standards to identify malicious actors and prevent them from accessing Personal Data or the Processor's systems that process Personal Data. These include, but are not limited to, maintaining software that attempts to identify and detect attempted intrusions, behaviors consistent with Internet-based attacks, and indicators of potential compromise. The Processor will maintain a security incident and event management system and supporting processes to notify appropriate personnel in response to threats. Vulnerability Testing. a) The Processor conducts internal vulnerability testing. This includes our bug bounty program. We make the results of these internal tests publicly available and commit to making bug fixes as soon as commercially practicable. b) The Processor will use commercially reasonable efforts to address identified security vulnerabilities in the Apps and infrastructure.
Measures for the protection of data during transmission	See the item above titled “Measures of pseudonymisation and encryption of personal data“
Measures for the protection of data during storage	Data Hosting Facilities The Processor will, no less frequently than annually, request assurances (e.g., in the form of an independent third party audit report and vendor security evaluations) from its data hosting providers that store or process Personal Data that: a) such data hosting provider’s facilities are secured in an access-controlled location and protected from unauthorized access, damage, and interference; b) such data hosting provider’s facilities employ physical security appropriate to the classification of the assets and information being managed; and c) such data hosting provider’s facilities limit and screen all entrants employing measures such as on-site security guard(s), badge reader(s), electronic lock(s), or a monitored closed caption television (CCTV). Tenant Separation The Processor will use established measures to ensure that Personal Data is kept logically segregated from other Developers' data when at-rest. Data Encryption See the item above titled “Measures of pseudonymisation and encryption of personal data“
Measures for ensuring physical security of locations at which personal data are processed	See the item above titled “Measures for the protection of data during storage“.
Measures for ensuring system configuration, including default configuration	See the item above titled “Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services“.
Measures for internal IT and IT security governance and management	See the item above titled “Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services“.
Measures for certification/assurance of processes and products	See the item above titled “Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing“.
Measures for ensuring data minimisation	See Exhibit A - Details of Processing
Measures for ensuring data quality	See the items above titled “Measures of pseudonymisation and encryption of personal data“, “Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services“, and “Measures for the protection of data during storage“.
Measures for ensuring limited data retention	Data Retention and Destruction Standard The Processor maintains a Data Retention and Destruction Standard, which designates how long we need to maintain data of different types. The Data Retention and Destruction Standard is guided by the following principles: Records should be maintained as long as they serve a business purpose. Records that serve a business purpose, or which the Processor has a legal, regulatory, contractual or other duty to retain, will be retained. Records that no longer serve a business purpose, and for which the Processor has no duty to retain, should be disposed. Copies or duplicates of such data should also be disposed. To the extent the Processor has a duty to retain a specified number of copies of a Record, such number of copies should be retained. The Processor's practices implementing this Standard may vary across departments, systems and media, and will of necessity evolve over time. These practices will be reviewed under our company-wide policy review practices
Measures for ensuring accountability	See the item above titled “Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing“
Measures for ensuring erasure	Secure Deletion The Processor will maintain a process reasonably designed to ensure secure destruction and deletion of any and all Personal Data as provided in the Agreement. Such Personal Data will be securely destroyed and deleted by the Processor so that: (a) Personal Data cannot be practicably read or reconstructed, and (b) the Processor's systems that store Personal Data are securely erased and/or decommissioned disks are destroyed.

Exhibit D - UK Addendum

International Data Transfer Addendum to the EU Commission Standard Contractual Clauses

Table 1: Parties

Start Date	This UK Addendum shall have the same effective date as the DPA
The Parties	Exporter	Importer
Parties’ Details	Customer	Company
Key Contact	See Exhibit B of this DPA	See Exhibit B of this DPA

Table 2: Selected SCCs, Modules and Selected Clauses

EU SCCs

The Version of the Approved EU SCCs which this UK Addendum is appended to as defined in the DPA and completed by Section 6.2 and 6.3 of the DPA.

EU SCCs The Version of the Approved EU SCCs which this UK Addendum is appended to as defined in the DPA and completed by Section 6.2 and 6.3 of the DPA.

Table 3: Appendix Information

“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this UK Addendum is set out in:

Annex 1A: List of Parties	As per Table 1 above
Annex 2B: Description of Transfer	See Exhibit B of this DPA
Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data:	See Exhibit C of this DPA
Annex III: List of Sub processors (Modules 2 and 3 only):	See Exhibit B of this DPA

Table 4: Ending this UK Addendum when the Approved UK Addendum Changes

Ending this UK Addendum when the Approved UK Addendum changes

☐ Importer ☐ Exporter ☒ Neither Party

Entering into this UK Addendum

1. Each party agrees to be bound by the terms and conditions set out in this UK Addendum, in exchange for the other party also agreeing to be bound by this UK Addendum.

2. Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making ex-UK Transfers, the Parties may enter into this UK Addendum in any way that makes them legally binding on the Parties and allows data subjects to enforce their rights as set out in this UK Addendum. Entering into this UK Addendum will have the same effect as signing the Approved EU SCCs and any part of the Approved EU SCCs.

Interpretation of this UK Addendum

3. Where this UK Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the Approved EU SCCs. In addition, the following terms have the following meanings:

UK Addendum	means this International Data Transfer Addendum incorporating the EU SCCs, attached to the DPA as Exhibit D.
EU SCCs	means the version(s) of the Approved EU SCCs which this UK Addendum is appended to, as set out in Table 2, including the Appendix Information shall be as set out in Table 3.
Appendix Information	See Exhibit C of this DPA
Appropriate Safeguards	means the standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making an ex-UK Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR.
Approved UK Addendum	means the template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as may be revised under Section ‎18 of the UK Addendum.
Approved EU SCCs	means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time).
ICO	means the Information Commissioner of the United Kingdom.
ex-UK Transfer	shall have the same definition as set forth in the DPA.
UK	means the United Kingdom of Great Britain and Northern Ireland
UK Data Protection Laws	means all laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018.
UK GDPR	shall have the definition set forth in the DPA.

4. The UK Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfills the Parties’ obligation to provide the Appropriate Safeguards.

5. If the provisions included in the UK Addendum amend the Approved EU SCCs in any way which is not permitted under the Approved EU SCCs or the Approved UK Addendum, such amendment(s) will not be incorporated in the UK Addendum, and the equivalent provision of the Approved EU SCCs will take their place.

6. If there is any inconsistency or conflict between UK Data Protection Laws and the UK Addendum, UK Data Protection Laws applies.

7. If the meaning of the UK Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK Data Protection Laws applies.

8. Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) as it may change over time. This includes where that legislation (or specific provision) has been consolidated, re-enacted, and/or replaced after the UK Addendum has been entered into.

Hierarchy

9. Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between the parties, the parties agree that, for ex-UK Transfers, the hierarchy in Section 10 below will prevail.

10. Where there is any inconsistency or conflict between the Approved UK Addendum and the EU SCCs (as applicable), the Approved UK Addendum overrides the EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of the EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved UK Addendum.

11. Where this UK Addendum incorporates EU SCCs which have been entered into to protect ex-EU Transfers subject to the GDPR, then the parties acknowledge that nothing in the UK Addendum impacts those EU SCCs.

Incorporation and Changes to the EU SCCs:

12.This UK Addendum incorporates the EU SCCs which are amended to the extent necessary so that:

• together they operate for data transfers made by the data exporter to the data importer, to the extent that UK Data Protection Laws apply to the data exporter’s processing when making that data transfer, and they provide Appropriate Safeguards for those data transfers;

• Sections 9 to 11 above override Clause 5 (Hierarchy) of the EU SCCs; and

13. Unless the parties have agreed alternative amendments which meet the requirements of Section 12 of this UK Addendum, the provisions of Section 15 of this UK Addendum will apply.

14. No amendments to the Approved EU SCCs other than to meet the requirements of Section 12 of this UK Addendum may be made.

15. The following amendments to the EU SCCs (for the purpose of Section 12 of this UK Addendum) are made:

• References to the “Clauses” means this UK Addendum, incorporating the EU SCCs;

• In Clause 2, delete the words: “and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679”

• Clause 6 (Description of the transfer(s)) is replaced with: “The details of the transfers(s) and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred) are those specified in Annex I.B where UK Data Protection Laws apply to the data exporter’s processing when making that transfer.”;

• Clause 8.7(i) of Module 1 is replaced with: “it is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer”;

• Clause 8.8(i) of Modules 2 and 3 is replaced with: “the onward transfer is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer;”

• References to “Regulation (EU) 2016/679”, “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 (General Data Protection Regulation)” and “that Regulation” are all replaced by “UK Data Protection Laws”. References to specific Article(s) of “Regulation (EU) 2016/679” are replaced with the equivalent Article or Section of UK Data Protection Laws;

• References to Regulation (EU) 2018/1725 are removed;

• References to the “European Union”, “Union”, “EU”, “EU Member State”, “Member State” and “EU or Member State” are all replaced with the “UK”;

• The reference to “Clause 12(c)(i)” at Clause 10(b)(i) of Module one, is replaced with “Clause 11(c)(i)”;

• Clause 13(a) and Part C of Annex I are not used;

• The “competent supervisory authority” and “supervisory authority” are both replaced with the “Information Commissioner”;

• In Clause 16(e), subsection (i) is replaced with: “the Secretary of State makes regulations pursuant to Section 17A of the Data Protection Act 2018 that cover the transfer of personal data to which these clauses apply;”;

• Clause 17 is replaced with: “These Clauses are governed by the laws of England and Wales.”;

• Clause 18 is replaced with: “Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of any country in the UK. The parties agree to submit themselves to the jurisdiction of such courts.”; and

• The footnotes to the Approved EU SCCs do not form part of the UK Addendum, except for footnotes 8, 9, 10 and 11.

Amendments to the UK Addendum

16. The parties may agree to change Clauses 17 and/or 18 of the EU SCCs to refer to the laws and/or courts of Scotland or Northern Ireland.

17. If the parties wish to change the format of the information included in Part 1: Tables of the Approved UK Addendum, they may do so by agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.

18. From time to time, the ICO may issue a revised Approved UK Addendum which:

• makes reasonable and proportionate changes to the Approved UK Addendum, including correcting errors in the Approved UK Addendum; and/or

• reflects changes to UK Data Protection Laws;

The revised Approved UK Addendum will specify the start date from which the changes to the Approved UK Addendum are effective and whether the parties need to review this UK Addendum including the Appendix Information. This UK Addendum is automatically amended as set out in the revised Approved UK Addendum from the start date specified.

19. If the ICO issues a revised Approved UK Addendum under Section 18 of this UK Addendum, if a party will as a direct result of the changes in the Approved UK Addendum have a substantial, disproportionate and demonstrable increase in:

• its direct costs of performing its obligations under the UK Addendum; and/or

• its risk under the UK Addendum, and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial and disproportionate, then that party may end this UK Addendum at the end of a reasonable notice period, by providing written notice for that period to the other party before the start date of the revised Approved UK Addendum.

20. The parties do not need the consent of any third party to make changes to this UK Addendum, but any changes must be made in accordance with its terms.

Exhibit E - ‍United States Privacy Law Exhibit

This United States Privacy Law Exhibit (“Exhibit”) supplements the DPA and includes additional information required by the CPRA and the VCDPA. Any terms not defined in this Exhibit shall have the meanings set forth in the DPA and/or the Terms.

A. CALIFORNIA

Definitions

For purposes of this Section A, the terms “Business,” “Business Purpose,” “Commercial Purpose,” “Consumer,” “Personal Information,” “Processing,” “Sell,” "Service Provider,” “Share,” and “Verifiable Consumer Request” shall have the meanings set forth in the CPRA.

All references to “Personal Data,” “Controller,” “Processor,” and “Data Subject” in the DPA shall be deemed to be references to “Personal Information,” “Business,” “Service Provider,” and “Consumer”, respectively, as defined in the CPRA.

Obligations

Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge, and agree that Customer is a Business and Company is a Service Provider for the purposes of the CPRA (to the extent it applies) and Company is receiving Personal Information from Customer in order to provide the Services pursuant to the Terms, which constitutes a Business Purpose.

Customer shall disclose Personal Information to Company only for the limited and specified purposes described in Exhibit A to this DPA.

Company shall not Sell or Share Personal Information provided by Customer under the Terms.

Company shall not retain, use, or disclose Personal Information provided by Customer pursuant to the Terms for any purpose, including a Commercial Purpose, other than as necessary for the specific purpose of performing the Services for Customer pursuant to the Terms, or as otherwise set forth in the Terms or as permitted by the CPRA.

Company shall not retain, use, or disclose Personal Information provided by Customer pursuant to the Terms outside of the direct business relationship between Company and Customer, except where and to the extent permitted by the CPRA.

Company shall notify Customer if it makes a determination that it can no longer meet its obligations under the CPRA.

Except and to the extent permitted by the CPRA, Company will not combine Personal Information received from, or on behalf of, Company with Personal Information that it receives from, or on behalf of, another party, or that it collects from its own interaction with the Consumer.

Company shall comply with all obligations applicable to Service Providers under the CPRA, including by providing Personal Information provided by Customer under the Terms the level of privacy protection required by CPRA.

In the event that Company engages a new sub-processor to assist Company in providing the Services to Customer under the Terms, Company shall: (i) notify Customer of such engagement via the notification mechanism described in section 4.2 of the DPA at least ten (10) days before enabling a new Sub-Processor; and (ii) enter into a written contract with the Sub-processor requiring Sub-processor to observe all of the applicable requirements set forth in the CPRA.

Consumer Rights

Company shall assist Customer in responding to Verifiable Consumer Requests to exercise the Consumer’s rights under the CPRA as set forth in Section 7 of the DPA.

Audit Rights

To the extent required by CPRA, Company shall allow Customer to conduct inspections or audits in accordance with Section 8.4 of the DPA.

B. VIRGINIA

1. Definitions

For purposes of this Section B, the terms “Consumer,” “Controller,” “Personal data,” “Processing,” and “Processor” shall have the meanings set forth in the VCDPA.

All references to “Data Subject” in this DPA shall be deemed to be references to “Consumer” as defined in the VCDPA.

2. Obligations

Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge and agree that Customer is a Controller and Company is a Processor for the purposes of the VCDPA (to extent it applies).

The nature, purpose, and duration of Processing, as well as the types of Personal Data and categories of Consumers are described in Exhibit A to this DPA.

Company shall adhere to Customer’s instructions with respect to the Processing of Customer Personal Data and shall assist Customer in meeting its obligations under the VCDPA by:

(a) Assisting Customer in responding to Consumer rights requests under the VCDPA as set forth in Section 7 of the DPA;

(b) Complying with Section 5 (“Security of Personal Data”) of the DPA with respect to Personal Data provided by Customer;

(c) In the event of a Security Incident, providing information sufficient to enable Customer to meet its obligations pursuant to Va. Code § 18.2-186.6; and

(d) Providing information sufficient to enable Customer to conduct and document data protection assessments to the extent required by VCDPA.

Company shall maintain the confidentiality of Personal Data provided by Customer and require that each person Processing such Personal Data be subject to a duty of confidentiality with respect to such Processing;

Upon Customer’s written request, Company shall delete or return all Personal Data provided by Customer in accordance with Section 2.4 of the DPA, unless retention of such Personal Data is required or authorized by law or the DPA and/or Terms.

In the event that Company engages any other person a new Sub-processor, to assist Company in providing the Services to Customer under the Terms, Company shall enter into a written contract with the Sub-processor requiring Sub-processor to observe all of the applicable requirements of a Processor set forth in the VCDPA.

3. Audit Rights

Upon Customer’s written request at reasonable intervals, Company shall, as set forth in Sections 8.3-8.4 of the DPA, (i) make available to Customer all information in its possession that is reasonably necessary to demonstrate Company’s compliance with its obligations under the VCDPA; and (ii) allow and cooperate with reasonable inspections or audits as required under the VCDPA.