Privacy Policy for Partnerhub®

This website, Partnerhub.app, and other properties, is owned and operated by Partnerprograms Inc, which does business under the name Partnerprograms.io.

We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to let you know what Personal Information we collect when you use this Site, how we use and share the Personal Information we collect, and how we protect your privacy. It is important to note that this Policy applies only to Personal Information collected through this Site and does not apply to Personal Information obtained or used by Partnerprograms through other means.

Throughout this Policy we use certain capitalized terms, which are defined at the end of this Policy.

If you have any questions about this Policy or our privacy practices, please contact us using the following information:

Partnerprograms Inc. 1616 N Western Ave. Chicago IL, 60647

Your Consent

Please take a few minutes to review this Policy before using this Site. By using this Site you are consenting to the collection, use, and disclosure of your Personal Information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site.

This Policy is Part of Our Terms of Use

This Policy is part of the Terms of Use that govern your use of this Site.

Privacy Notices

This Policy may be supplemented or amended from time to time by Privacy Notices posted on this Site. These Privacy Notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain Privacy Notices providing details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement.”

Information for Users Accessing this Site from Outside the United States

Partnerhub is headquartered in Chicago, Illinois in the United States. This Site is currently hosted on servers located in the United States, although we reserve the right to relocate this Site to other servers elsewhere in the world. Your Personal Information may be stored on servers located within the United States or in another country. In addition, we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your Personal Information than others. Please know, however, that no matter where your Personal Information is collected, used, transferred or stored, if it was collected through this Site, it will be protected by the terms of this Policy.

Partnerhub is headquartered in Chicago, Illinois in the United States. This Site is currently hosted on servers located in the United States, although we reserve the right to relocate this Site to other servers elsewhere in the world. Your Personal Information may be stored on servers located within the United States or in another country. In addition, we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your Personal Information than others. Please know, however, that no matter where your Personal Information is collected, used, transferred or stored, if it was collected through this Site, it will be protected by the terms of this Policy.

Types of Information We Collect

Information You Volunteer. Partnerhub collects the Personal Information you and others knowingly and voluntarily provide when you use this Site. For example, we collect the Personal Information you submit when you register with this Site, sign up for one of our programs or communities, comment on a news item, or contact us with questions.

Information From Third-Party Social Media Platforms

You may be able to choose to register, log-on, or enhance your profile on this Site using functionalities provided by a third-party social media platform, such as Facebook Connect. By doing this, you are asking the third-party social media platform to send to us information from your profile on that platform. We treat that information as we do any other information you give to us when you register, log-on, or enhance your profile. After you have connected, the third party may also send us additional information from your profile that allows us to offer certain functionalities on the pages you view.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings.

More About IP Addresses. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. IP addresses do not include your name, email address, or other information that identifies you personally, but in some cases, they can be used to identify you. For example, if you have registered with this Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service providers who can use it to identify your state and zip code. This gives us valuable demographic information about the individuals who use this Site. In addition, if we suspect inappropriate or criminal activity or a threat to the security of this Site or its users, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

Collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page; to support the features and functionality of this Site—for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits; and to personalize your experience when you use this Site. Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, for example, by registering on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies.

Information from your mobile device. If you access this Site through your mobile device, we may automatically collect certain information from or about your mobile device. The types of information we may collect include the type of device you use, your device’s unique ID, the IP address of your device, your device’s operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile application(s) and this Site.

Using GPS technology, and with your opt-in consent, we may also collect precise, real-time location information from your mobile device and use that information to deliver tailored content to you. Your mobile device may allow you to adjust your settings so that location information is not available to any mobile website or application. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device.

Third-Party Cookies

In addition to the cookies Partnerhub delivers to your computer through this Site, certain third parties may deliver cookies to your computer for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with this Site.

Other third parties may deliver cookies to your computer through this Site for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on this Site or on other websites.

Partnerhub does not have access to, nor control over, the cookies of third-party service providers or advertisers. However, you have choices about the collection of information by third parties on this Site.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to this or other sites, click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each participating entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and/or deletion of cookies.

How We Use Personal Information Collected Through This Site

Generally, we use the Personal Information we collect through this Site to provide the information, products and services you request; to better understand your needs and interests; to provide you with a personalized experience when you use this Site; to provide you with effective customer service; to improve the content, functionality and usability of this Site; to contact you with information and notices related to your use of this Site; to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us); to invite you to participate in surveys and provide Feedback to us (in accordance with any privacy preferences you have expressed to us); to improve our products and services; to improve our marketing and promotional efforts; for security, credit or fraud prevention purposes; and for any other purpose identified in any other agreement between you and us. Please see below for information about the choices you have about the ways we use your Personal Information.

Your Choices In General. We respect your right to make choices about the ways we collect, use, and disclose your Personal Information. Discussed above are choices you have about delivery of cookies to your computer through this Site and choices you have about our collection of location information. In addition, we may ask you to indicate certain choices at the time we collect your Personal Information. For example, at the time you give us your contact information, we may provide to you an opportunity to choose (via “opt out” or “opt in”) whether you receive certain communications from us and/or our business partners. We will also include an “unsubscribe” link in each electronic newsletter or promotional email we send to you.

Previously Expressed Preferences

You may change previously expressed preferences regarding how we use your Personal Information. If you have registered with this Site, you may be able to change certain privacy preferences through your account settings. Otherwise, if at any time you wish to be taken off our mailing lists, please contact us using the information provided above. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request.

How to Access, Update or Correct Your Personal Information

If you have registered with this Site, you may be able to access, update, or correct your Personal Information through your account settings. Otherwise, you may need our help. If you wish to access, update, or correct your Personal Information, please contact us using the information provided above. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.

Steps We Take to Safeguard your Personal Information

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. For example, we use SSL encryption to protect your credit card information as it travels over the Internet. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

How We Share Your Personal Information With Others

Third–Party Vendors. We may share Personal Information collected through this Site with third-party platforms which make Partnerhub work. For example, we may share Personal Information with companies that provide credit card verification services, storage, data compliance or verification platforms, user messaging... These third-party vendors may need information about you to function.

Partnerprograms Inc. is the Corporation which operates Partnerhub. When you provide personal Information through Partnerhub, it goes into communication, storage and analysis platforms operated by Partnerprograms Inc. Before doing so, however, we may offer you the opportunity to “opt out.” Partnerprograms, and any brands it operates, are required to handle information collected through this site in accordance with this policy and the privacy preferences you have expressed to us. We will only use your personal Information as permitted under this policy (and any applicable Privacy Notices) and will honor the privacy preferences you have expressed to us.

User-Generated Content. The User-Generated Content you submit on or through this Site is available to others who visit this Site. Any Personal Information contained in User-Generated Content you submit can be read, collected, or used by others, and could be used to send you unsolicited messages. In addition, we may use User-Generated Content you submit on or through this Site in connection with our news gathering and reporting activities or for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes. Therefore, you should have no expectation of privacy with respect to User-Generated Content you submit on or through this Site. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. In particular, your submissions must not violate the privacy or other rights of others.

Other Carefully Selected Third Parties. From time to time, we may share your Personal Information with carefully selected third parties (other than our vendors and related companies). For example, we may partner with a third party to offer a contest or giveaway through this Site, and we may share with the third party the Personal Information you submit for purposes of participating in the contest or giveaway. Your ability to participate in the contest or giveaway may be conditioned on your consent to such disclosure. In other cases, we may offer you an opportunity to “opt out” of such disclosure.

Business Negotiations. We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing one or more of our businesses. In negotiating with a third party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

Business Transfers. Your Personal Information may be transferred to a successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.

Compliance with Laws and Protection of Our Rights and the Rights of Others. We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

As Described in a Privacy Notice. We reserve the right to disclose your Personal Information as described in any Privacy Notice posted on the Web page where you provide that information. By providing your Personal Information on that Web page you will be consenting to the disclosure of your Personal Information as described in that Privacy Notice.

Children Under the Age of Thirteen

This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact us using the information provided above.

Links to Other Sites

This Site contains links to other websites operated by Partnerprograms and its service providers, websites operated by Partnerprograms’s related companies, and websites operated by non-affiliated organizations. This Policy does not apply to Personal Information collected through the Personal Insight Network or to Personal Information collected on any other website. When you access another website through a link on this Site, please take a few minutes to review the privacy policy posted on that site.

This Policy May Change

This Policy describes Partnerprograms’s current policies and practices with regard to the Personal Information we collect through this Site.

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy.

For your convenience, whenever this Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if this Policy has been revised since your last visit.

You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.

Definitions

The terms “Partnerprograms,” “we,” “us,” and “our” refer to Partnerprograms Inc. d/b/a Partnerprograms.io and Partnerhub.

The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content that you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site. See also the definition of “User-Generated Content.”

The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and email address.

The term “Privacy Notice” refers to notices posted on particular pages of this Site that provide a level of detail that we cannot provide in this more general description of our privacy practices. Privacy Notices provide details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

The terms “Privacy Policy” and “Policy” refer to this online Privacy Policy.

References to this “Site” refer to the website owned by Partnerprograms and located at partnerprograms.io and/or Partnerhub.app.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other content that you post on or through this Site using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site.

Partnerhub™ Data Processing Addendum

This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between Partnerprograms Inc. d/b/a Partnerhub™ (together with its Affiliates, “Partnerhub™”) and the customer entity that is a party to the Agreement as a Member (“Customer”). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).

1. Definitions

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

“Agreement” means Partnerhub™’s Standard Terms of Use, or other written or electronic agreement, which govern the provision of the Service to Customer, as such terms or agreement may be updated from time to time.

“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.

“Customer Data” means any personal data that Partnerhub™ processes on behalf of Customer via the Service, as more particularly described in this DPA.

“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, European Data Protection Laws and Non-European Data Protection Laws.

“European Data Protection Laws” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and of the Council 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) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); (iv) the GDPR as it forms part of UK law by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (together, “UK Data Protection Laws”); and (v) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”).

“Europe” means, for the purposes of this DPA, the European Economic Area and its member states (“EEA”), Switzerland and the United Kingdom (“UK”).

“Non-European Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); the Brazilian General Data Protection Law (“LGPD”), Federal Law no. 13,709/2018; and the Privacy Act 1988 (Cth) of Australia, as amended (“Australian Privacy Law”).

“SCCs” means either (i) the standard contractual clauses between controllers and processors adopted by the European Commission in its Implementing Decision 2010/87/EU of 5 February 2010; (ii) the standard contractual clauses between controllers and processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021; or (iii) the standard contractual clauses between processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021; as applicable in accordance with Section 6.3.

“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, or alteration of, or unauthorized disclosure of or access to, Customer Data on systems managed or otherwise controlled by Partnerhub™.

“Sensitive Data” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.

“Sub-processor” means any processor engaged by Partnerhub™ or its Affiliates to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA. Sub-processors may include third parties or Affiliates of Partnerhub™ but shall exclude Partnerhub™ employees, contractors, or consultants.

The terms “personal data”, “controller”, “data subject”, “processor” and “processing” shall have the meaning given to them under applicable Data Protection Laws or if not defined thereunder, the GDPR, and “process”, “processes" and “processed”, with respect to any Customer Data, shall be interpreted accordingly.

2. Roles and Responsibilities

2.1 Parties’ roles. If European Data Protection Laws or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that with regard to the processing of Customer Data, Partnerhub™ is a processor acting on behalf of Customer (whether itself a controller or a processor). For the avoidance of doubt, this DPA shall not apply to instances where Partnerhub™ is the controller (as defined by European Data Protection Laws) unless otherwise described in Annex C (Jurisdiction-Specific Terms) of this DPA.

2.2 Purpose limitation. Partnerhub™ shall process Customer Data, as further described in Annex A (Details of Data Processing) of this DPA, only in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the Agreement, including this DPA, along with the Customer’s configuration of or use of any settings, features, or options in the Service (as the Customer may be able to modify from time to time) constitute the Customer’s complete and final instructions to Partnerhub™ in relation to the processing of Customer Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the parties.

2.3 Prohibited data. Customer will not provide (or cause to be provided) any Sensitive Data to Partnerhub™ for processing under the Agreement, and Partnerhub™ will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.

2.4 Customer compliance. Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Partnerhub™; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Partnerhub™ to process Customer Data for the purposes described in the Agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Without prejudice to the generality of the foregoing, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any Campaigns (as defined in the Agreement) or other content created, sent, or managed through the Service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.

2.5 Lawfulness of Customer’s instructions. Customer will ensure that Partnerhub™’s processing of the Customer Data in accordance with Customer’s instructions will not cause Partnerhub™ to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Partnerhub™ shall promptly notify Customer in writing, unless prohibited from doing so under European Data Protection Laws, if it becomes aware or believes that any data processing instruction from Customer violates European Data Protection Laws. Where Customer acts as a processor on behalf of a third-party controller (or other intermediary to the ultimate controller), Customer warrants that its processing instructions as set out in the Agreement and this DPA, including its authorizations to Partnerhub™ for the appointment of Sub-processors in accordance with this DPA, have been authorized by the relevant controller. Customer shall serve as the sole point of contact for Partnerhub™ and Partnerhub™ need not interact directly with (including to provide notifications to or seek authorization from) any third-party controller other than through regular provision of the Service to the extent required under the Agreement. Customer shall be responsible for forwarding any notifications received under this DPA to the relevant controller, where appropriate.

3. Sub-processing

3.1 Authorized Sub-processors. Customer agrees that Partnerhub™ may engage Sub-processors to process Customer Data on Customer’s behalf. The Sub-processors currently engaged by Partnerhub™ and authorized by Customer are available here.

3.2 Sub-processor obligations. Partnerhub™ shall: (i) enter into a written agreement with each Sub-processor containing data protection obligations that provide at least the same level of protection for Customer Data as those in this DPA, to the extent applicable to the nature of the service provided by such Sub-processor; and (ii) remain responsible for such Sub-processor’s compliance with the obligations of this DPA and for any acts or omissions of such Sub-processor that cause Partnerhub™ to breach any of its obligations under this DPA. Customer acknowledges and agrees that, where applicable, Partnerhub™ fulfills its obligations under Clause 9 of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) by complying with this Section 3 and that Partnerhub™ may be prevented from disclosing Sub-processor agreements to Customer due to confidentiality restrictions but Partnerhub™ shall, upon request, use reasonable efforts to provide Customer with all relevant information it reasonably can in connection with Subprocessor agreements.

4. Security

4.1 Security Measures. Partnerhub™ shall implement and maintain appropriate technical and organizational security measures that are designed to protect Customer Data from Security Incidents and designed to preserve the security and confidentiality of Customer Data in accordance with Partnerhub™’s security standards described in Annex B (“Security Measures”) of this DPA.

4.2 Confidentiality of processing. Partnerhub™ shall ensure that any person who is authorized by Partnerhub™ to process Customer Data (including its staff, agents, and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

4.3 Updates to Security Measures. Customer is responsible for reviewing the information made available by Partnerhub™ relating to data security and making an independent determination as to whether the Service meets Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Partnerhub™ may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Service provided to Customer.

4.4 Security Incident response. Upon becoming aware of a Security Incident, Partnerhub™ shall: (i) notify Customer without undue delay, and where feasible, in any event no later than 48 hours from becoming aware of the Security Incident; (ii) provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and (iii) promptly take reasonable steps to contain and investigate any Security Incident. Partnerhub™’s notification of or response to a Security Incident under this Section 4.4 shall not be construed as an acknowledgment by Partnerhub™ of any fault or liability with respect to the Security Incident.

4.5 Customer responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Service, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Service, and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Service.

5. Security Reports and Audits

5.1 Audit rights. Partnerhub™ shall make available to Customer all information reasonably necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections by Customer in order to assess compliance with this DPA. Customer acknowledges and agrees that it shall exercise its audit rights under this DPA (including this Section 5.1 and where applicable, the SCCs) and any audit rights granted by Data Protection Laws, by instructing Partnerhub™ to comply with the audit measures described in Sections 5.2 and 5.3 below.

5.2 Security reports. Customer acknowledges that Partnerhub™ is regularly audited against SSAE 16 and PCI standards by independent third party auditors and internal auditors respectively. Upon written request, Partnerhub™ shall supply (on a confidential basis) a summary copy of its most current audit report(s) (“Report”) to Customer, so that Customer can verify Partnerhub™’s compliance with the audit standards against which it has been assessed and this DPA.

5.3 Security due diligence. In addition to the Report, Partnerhub™ shall respond to all reasonable requests for information made by Customer to confirm Partnerhub™’s compliance with this DPA, including responses to information security, due diligence, and audit questionnaires, by making additional information available regarding its information security program upon Customer’s written request to help@partnerhub.app, provided that Customer shall not exercise this right more than once per calendar year.

6. International Transfers

6.1 Data center locations. Subject to Section 6.2, Customer acknowledges that Partnerhub™ may transfer and process Customer Data to and in the United States and anywhere else in the world where Partnerhub™, its Affiliates or its Sub-processors maintain data processing operations. Partnerhub™ shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.

6.2 Australian data. To the extent that Partnerhub™ is a recipient of Customer Data protected by the Australian Privacy Law, the parties acknowledge and agree that Partnerhub™ may transfer such Customer Data outside of Australia as permitted by the terms agreed upon by the parties and subject to Partnerhub™ complying with this DPA and the Australian Privacy Law.

6.3 European Data transfers. To the extent that Partnerhub™ is a recipient of Customer Data protected by European Data Protection Laws (“European Data”) in a country outside of Europe that is not recognized as providing an adequate level of protection for personal data (as described in applicable European Data Protection Laws), the parties agree to abide by and process European Data in compliance with the SCCs, which shall be incorporated into and form an integral part of this DPA as follows: (a) if Customer started using the Service before 27 September 2021, the 2010 Controller-to-Processor Clauses shall apply (regardless of whether Customer is a controller or a processor) until December 27, 2022, and thereafter the 2021 Controller-to-Processor Clauses and/or the 2021 Processor-to-Processor Clauses shall automatically apply (according to whether Customer is a controller and/or a processor) thereafter; (b) if Customer started using the Service on or after 27 September 2021, the 2021 Controller-to-Processor Clauses and/or the 2021 Processor-to-Processor Clauses shall apply (according to whether Customer is a controller and/or a processor) immediately.

6.4 Compliance with the SCCs. The parties agree that if Partnerhub™ cannot ensure compliance with the SCCs, it shall promptly inform Customer of its inability to comply. If Customer intends to suspend the transfer of European Data and/or terminate the affected parts of the Service, it shall first provide notice to Partnerhub™ and provide Partnerhub™ with a reasonable period of time to cure such non-compliance, during which time Partnerhub™ and Customer shall reasonably cooperate to agree what additional safeguards or measures, if any, may be reasonably required. Customer shall only be entitled to suspend the transfer of data and/or terminate the affected parts of the Service for non-compliance with the SCCs if Partnerhub™ has not or cannot cure the non-compliance within a reasonable period.

6.5 Alternative transfer mechanism. To extent that and for so long as the SCCs as implemented in accordance with Section 6.3 cannot be relied on to lawfully transfer personal data in compliance with UK Data Protection Laws, the standard data protection clauses for processors adopted pursuant to or permitted under Article 46 of the UK GDPR (“UK SCCs”) shall be incorporated by reference and deemed completed with the relevant information set out in the Annexes of this DPA. Additionally, to the extent Partnerhub™ adopts an alternative lawful data transfer mechanism for the transfer of European Data not described in this DPA (“Alternative Transfer Mechanism”), the Alternative Transfer Mechanism shall apply instead of the transfer mechanisms described in this DPA (but only to the extent such Alternative Transfer Mechanism complies with applicable European Data Protection Laws and extends to the countries to which European Data is transferred). In addition, if and to the extent that a court of competent jurisdiction or supervisory authority orders (for whatever reason) that the measures described in this DPA cannot be relied on to lawfully transfer European Data (within the meaning of applicable European Data Protection Laws), Partnerhub™ may implement any additional measures or safeguards that may be reasonably required to enable the lawful transfer of European Data.

7. Return or Deletion of Data

Deletion or return on termination. Upon termination or expiration of the Agreement, Partnerhub™ shall (at Customer’s election) delete or return to Customer all Customer Data (including copies) in its possession or control, except that this requirement shall not apply to the extent Partnerhub™ is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Partnerhub™ shall securely isolate, protect from any further processing and eventually delete in accordance with Partnerhub™’s deletion policies, except to the extent required by applicable law. The parties agree that the certification of deletion of Customer Data described in Clause 8.5 and 16(d) of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) shall be provided by Partnerhub™ to Customer only upon Customer’s written request.

8. Data Subject Rights and Cooperation

8.1 Data subject requests. As part of the Service, Partnerhub™ provides Customer with a number of self-service features, that Customer may use to retrieve, correct, delete, or restrict the use of Customer Data, which Customer may use to assist it in connection with its (or its third-party controller’s) obligations under the Data Protection Laws with respect to responding to requests from data subjects via Customer’s account at no additional cost. In addition, Partnerhub™ shall, considering the nature of the processing, provide reasonable additional assistance to Customer to the extent possible to enable Customer (or its third-party controller) to comply with its data protection obligations with respect to data subject rights under Data Protection Laws. In the event that any such request is made to Partnerhub™ directly, Partnerhub™ shall not respond to such communication directly except as appropriate (for example, to direct the data subject to contact Customer) or legally required, without Customer’s prior authorization. If Partnerhub™ is required to respond to such a request, Partnerhub™ shall, where the Customer is identified or identifiable from the request, promptly notify Customer and provide Customer with a copy of the request unless Partnerhub™ is legally prohibited from doing so. For the avoidance of doubt, nothing in the Agreement (including this DPA) shall restrict or prevent Partnerhub™ from responding to any data subject or data protection authority requests in relation to personal data for which Partnerhub™ is a controller.

8.2 Data protection impact assessment. To the extent required under applicable Data Protection Laws, Partnerhub™ shall (considering the nature of the processing and the information available to Partnerhub™) provide all reasonably requested information regarding the Service to enable Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Data Protection Laws. Partnerhub™ shall comply with the foregoing by: (i) complying with Section 5 (Security Reports and Audits); (ii) providing the information contained in the Agreement, including this DPA; and (iii) if the foregoing sub-sections (i) and (ii) are insufficient for Customer to comply with such obligations, upon request, providing additional reasonable assistance (at Customer’s expense).

9. Jurisdiction-Specific Terms

To the extent Partnerhub™ processes Customer Data originating from and protected by Data Protection Laws in one of the jurisdictions listed in Annex C, then the terms specified in Annex C with respect to the applicable jurisdiction(s) (“Jurisdiction-Specific Terms”) apply in addition to the terms of this DPA. In the event of any conflict or ambiguity between the Jurisdiction-Specific Terms and any other terms of this DPA, the applicable Jurisdiction-Specific Terms will take precedence, but only to the extent of the Jurisdiction-Specific Terms’ applicability to Partnerhub™.

10. Limitation of Liability

10.1 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA (including the SCCs) shall be subject to the exclusions and limitations of liability set forth in the Agreement.

10.2 Any claims made against Partnerhub™ or its Affiliates under or in connection with this DPA (including, where applicable, the SCCs) shall be brought solely by the Customer entity that is a party to the Agreement.

10.3 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.

11. Relationship with the Agreement

1.1 This DPA shall remain in effect for as long as Partnerhub™ carries out Customer Data processing operations on behalf of Customer or until termination of the Agreement (and all Customer Data has been returned or deleted in accordance with Section 7.1 above).

11.2 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Service.

11.3 In the event of any conflict or inconsistency between this DPA and the Standard Terms of Use, the provisions of the following documents (in order of precedence) shall prevail: (i) SCCs; then (ii) this DPA; and then (iii) the Standard Terms of Use.

11.4 Except for any changes made by this DPA, the Agreement remains unchanged and in full force and effect.

11.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.

11.6 This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

Annex A – Details of Data Processing

(a) Categories of data subjects: The categories of data subjects whose personal data is processed include (i) Members (i.e., individual end users with access to a Partnerhub™ account) and (ii) Contacts (i.e., Member’s subscribers and other individuals about whom a Member has given us information or has otherwise interacted with a Member via the Service).

(b) Categories of personal data: Customer may upload, submit, or otherwise provide certain personal data to the Service, the extent of which is typically determined and controlled by Customer in its sole discretion, and may include the following types of personal data:

• Members: Identification and contact data (name, address, title, contact details, username); financial information (credit card details, account details, payment information); employment details (employer, job title, geographic location, area of responsibility).



• Contacts: Identification and contact data (name, date of birth, gender, general, occupation or other demographic information, address, title, contact details, including email address); personal interests or preferences (including purchase history, marketing preferences and publicly available social media profile information); IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data); financial information (credit card details, account details, payment information).

(c) Sensitive data processed (if applicable): Partnerhub™ does not want to, nor does it intentionally, collect or process any Sensitive Data in connection with the provision of the Service.

(d) Frequency of processing: Continuous and as determined by Customer.

(e) Subject matter and nature of the processing: Partnerhub™ provides an email service, automation and marketing platform and other related services, as more particularly described in the Agreement. The subject matter of the data processing under this DPA is the Customer Data. Customer Data will be processed in accordance with the Agreement (including this DPA) and may be subject to the following processing activities:

• Storage and other processing necessary to provide, maintain and improve the Service provided to Customer pursuant to the Agreement; and/or



• Disclosures in accordance with the Agreement and/or as compelled by applicable law.

(f) Purpose of the processing: Partnerhub™ shall only process Customer Data for the Permitted Purposes, which shall include: (i) processing as necessary to provide the Service in accordance with the Agreement; (ii) processing initiated by Customer in its use of the Service; and (iii) processing to comply with any other reasonable instructions provided by Customer (e.g., via email or support tickets) that are consistent with the terms of the Agreement.

(g) Duration of processing and period for which personal data will be retained: Partnerhub™ will process Customer Data as outlined in Section 7 (Return or Deletion of Data) of this DPA.

Annex B - Jurisdiction-Specific Terms

Europe:

1. Objection to Sub-processors. Customer may object in writing to Partnerhub™’s appointment of a new Sub-processor within five (5) calendar days of receiving notice in accordance with Section 3.1 of the DPA, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving a commercially reasonable resolution. If no such resolution can be reached, Partnerhub™ will, at its sole discretion, either not appoint such Sub-processor, or permit Customer to suspend or terminate the affected Service in accordance with the termination provisions in the Agreement without liability to either party (but without prejudice to any fees incurred by Customer prior to suspension or termination).



2. Government data access requests. As a matter of general practice, Partnerhub™ does not voluntarily provide government agencies or authorities (including law enforcement) with access to or information about Partnerhub™ accounts (including Customer Data). If Partnerhub™ receives a compulsory request (whether through a subpoena, court order, search warrant, or other valid legal process) from any government agency or authority (including law enforcement) for access to or information about a Partnerhub™ account (including Customer Data) belonging to a Customer whose primary contact information indicates the Customer is located in Europe, Partnerhub™ shall: (i) review the legality of the request; (ii) inform the government agency that Partnerhub™ is a processor of the data; (iii) attempt to redirect the agency to request the data directly from Customer; (iv) notify Customer via email sent to Customer’s primary contact email address of the request to allow Customer to seek a protective order or other appropriate remedy; and (v) provide the minimum amount of information permissible when responding to the agency or authority based on a reasonable interpretation of the request. As part of this effort, Partnerhub™ may provide Customer’s primary and billing contact information to the agency. Partnerhub™ shall not be required to comply with this paragraph 2 if it is legally prohibited from doing so, or it has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual, public safety, or Partnerhub™’s property, the Partnerhub™ Site, or Service, but where Partnerhub™ is legally prohibited from notifying Customer of requests it shall use its best efforts to obtain a waiver of the prohibition.

California:

1. Except as described otherwise, the definitions of: “controller” includes “Business”; “processor” includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the CCPA.



2. For this “California” section of Annex C only, “Permitted Purposes” shall include processing Customer Data only for the purposes described in this DPA and in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, as otherwise agreed in writing, including, without limitation, in the Agreement, or as otherwise may be permitted for “service providers” under the CCPA.



3. Partnerhub™’s obligations regarding data subject requests, as described in Section 8 (Data Subject Rights and Cooperation) of this DPA, extend to rights requests under the CCPA.



4. Notwithstanding any use restriction contained elsewhere in this DPA, Partnerhub™ shall process Customer Data to perform the Service, for the Permitted Purposes and/or in accordance with Customer’s documented lawful instructions, or as otherwise permitted or required by applicable law.



5. Notwithstanding any use restriction contained elsewhere in this Annex C, Partnerhub™ may de-identify or aggregate Customer Data as part of performing the Service specified in this DPA and the Agreement.



6. Where Sub-processors process the Personal Information of Customer contacts, Partnerhub™ takes steps to ensure that such Sub-processors are Service Providers under the CCPA with whom Partnerhub™ has entered into a written contract that includes terms substantially similar to this “California” section of Annex C or are otherwise exempt from the CCPA’s definition of “sale”. Partnerhub™ conducts appropriate due diligence on its Sub-processors.

Canada:

1. Partnerhub™ takes steps to ensure that Partnerhub™’s Sub-processors, as described in Section 3 (Sub-processing) of the DPA, are third parties under PIPEDA, with whom Partnerhub™ has entered into a written contract that includes terms substantially similar to this DPA. Partnerhub™ conducts appropriate due diligence on its Sub-processors.



2. Partnerhub™ will implement technical and organizational measures as set forth in Section 4 (Security) of the DPA.