Afterpay - Cross Border Privacy Terms

LAST UPDATED: 31 August 2021

These Cross Border Privacy Terms apply and form part of the global Master Services Agreement and applicable regional statement of work (“SOW”) or other regional written or electronic merchant agreement (“Merchant Agreement”) for the provision of deferred payment services by Afterpay to Merchants (the SOW and/or the Merchant Agreement (as applicable) are each referred to as the “Afterpay Agreement”) to reflect the parties’ agreement with regard to the processing of personal information. Any references to ‘personal data’ shall be construed with the same meaning as ‘personal information’.

In these Cross Border Privacy Terms:

• Afterpay means the Afterpay legal entity identified in the SOW or Merchant Agreement; and

• Merchant means the merchant legal entity identified in the SOW or Merchant Agreement.

By entering into the Afterpay Agreement, Merchant enters into these Cross Border Privacy Terms. Any capitalised terms not otherwise defined in these Cross Border Privacy Terms have the same meaning as set out in the Afterpay Agreement.

Subject to Afterpay providing Merchant written notice of approved Territories where the Merchant may allow Cross Border Transactions, the following terms shall apply when processing personal data in relation to such Cross Border Transactions in the approved Territories. For the avoidance of doubt, not all Territories are currently available to Merchants for Cross Border Transactions.

Territory	Terms
Cross Border Transactions for Customers in Australia	You and we will, when performing obligations in relation to Cross Border Transactions for Customers located in Australia, comply with any applicable laws and regulations relating to the collection or handling of personal information in Australia, including the Privacy Act 1988 (Cth).
Cross Border Transactions for Customers in New Zealand	You and we will, when performing obligations in relation to Cross Border Transactions for Customers located in New Zealand, comply with any applicable laws and regulations relating to the collection or handling of personal information in New Zealand, including the Privacy Act 2020.
Cross Border Transactions for Customers in Canada	You and we will, when performing obligations in relation to Cross Border Transactions for Customers located in Canada, comply with any applicable laws and regulations relating to the collection or handling of personal information in Canada, including The Personal Information Protection and Electronic Documents Act (PIPEDA), Personal Information Protection Act (British Columbia), Personal Information Protection Act (Alberta) and Personal Information Protection Act (Quebec).
Cross Border Transactions for Customers in the USA	You and we will, when performing obligations in relation to Cross Border Transactions for Customers located in the USA, comply with any applicable laws and regulations relating to the collection or handling of personal information in the USA, including the Gramm-Leach-Bliley Act and the California Consumer Privacy Act of 2018.
Cross Border Transactions for Customers in the United Kingdom	You and we will, when performing obligations in relation to Cross Border Transactions for Customers located in the United Kingdom, each comply with the Data Sharing Terms set out below.

Data Sharing Terms

1. Interpretation

1.1. Where there is a reference to “United Kingdom” or “UK” and “UK GDPR” in these Data Sharing Terms, a party shall interpret the obligations and rights to also refer to the “European Economic Area” and “GDPR” respectively if applicable to the processing of Shared Personal Data under these Data Sharing Terms.

1.2. In the event of any conflict between the provisions of these Data Sharing Terms and any provision of the Afterpay Agreement, these Data Sharing Terms shall prevail to the extent of inconsistency.

2. Obligations of the parties

2.1. The parties acknowledge and agree that in relation to the Shared Personal Data, each party acts as a Data Controller in its own right. Each party acknowledges that one party ("Data Discloser") will regularly disclose to the other party ("Data Receiver") the Shared Personal Data for the Permitted Purposes.

2.2. Each party shall comply with its obligations under the Data Protection Laws at all times during the Term of the Afterpay Agreement. In particular, each party shall:

a. nominate a single point of contact ("POC") for the purposes of these Data Sharing Terms (as identified in the Appendix to these Data Sharing Terms or as otherwise notified to the other party from time to time in writing);

b. ensure that the Shared Personal Data is not irrelevant or excessive with regard to the Permitted Purposes;

c. ensure that it processes the Shared Personal Data fairly and lawfully during the term of the Afterpay Agreement;

d. inform the Data Subjects, on or before the date when that party commences the processing of their Personal Data, of the purposes for which it will process their Personal Data and to provide all the information that it is obliged to provide under Data Protection Laws to ensure that the Data Subjects understand how their Personal Data will be processed by that party; and

e. be responsible for dealing with its own requests from Data Subjects under Data Protection Laws in relation to the Shared Personal Data and shall provide such assistance as is reasonably required to enable the other party to comply with such requests.

2.3. The Data Receiver shall not retain or process Shared Personal Data for longer than is necessary to carry out the Permitted Purposes and shall be responsible for implementing appropriate measures to ensure the Shared Personal Data is destroyed or deleted at the end of such periods.

2.4. Notwithstanding paragraph 2.3, each party may continue to retain Shared Personal Data in accordance with any applicable statutory or professional retention periods.

2.5. The Data Receiver may only transfer Shared Personal Data to a third party located outside of the United Kingdom provided that it ensures that: (i) the transfer is to a country approved by the United Kingdom as providing adequate protection pursuant to Article 45 of UK GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 of UK GDPR; or (iii) one of the derogations for specific situations in Article 49 of UK GDPR applies to the transfer.

2.6. The parties acknowledge and agree that to the extent Merchant processes any Shared Personal Data outside the United Kingdom (in a country that has not been designated as providing an adequate level of protection for Personal Data, Merchant and Clearpay shall enter into the Standard Contractual Clauses. In the event that the Standard Contractual Clauses are amended, replaced and/or superseded from time to time, Merchant and Clearpay (or Afterpay if permitted) shall enter into such amended, replaced and/or superseded standard contractual clauses as approved by a competent authority.

2.7. Each party shall implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk (taking into account the nature, scope, context and Permitted Purposes of processing the Shared Personal Data), including from unauthorised or unlawful processing of such Shared Personal Data, or accidental loss or destruction of, or damage to, such Shared Personal Data.

2.8. In the event of a dispute or claim brought by a Data Subject or a supervisory authority concerning the processing of Shared Personal Data against either or both the parties, the parties shall inform each other about any such disputes or claims and will cooperate with a view to settling them amicably in a timely fashion.

3. Data Secrecy

3.1. The parties shall take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access to the Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know and/or access the Shared Personal Data, as strictly necessary for the purposes of the Afterpay Agreement, and to comply with any applicable laws in the context of that individual’s duties to the parties, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

3.2. Each party shall be obliged to ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality relating to the Personal Data and processing activities covered by the Afterpay Agreement and these Data Sharing Terms.

4. Data Processors

4.1. Where the Data Receiver appoints a Data Processor to process the Shared Personal Data, it shall comply with Article 28 of the UK GDPR and shall remain liable to the Data Discloser for the acts and/or omissions of the Data Processor.

4.2. Data Receiver shall choose such Data Processor diligently with special attention to its good standing and experience.

4.3. Data Receiver shall enter into a written contract with any Data Processor and such contract shall impose upon the Data Processor the same obligations as imposed by the UK GDPR, to the extent applicable to the subcontracted activities.

5. Indemnity

5.1. Each party ("Indemnifying Party") undertakes to indemnify the other party ("Indemnified Party") from all claims, liabilities, costs, expenses, damages, fines and losses the Indemnifying Party causes the Indemnified Party as a result of the Indemnifying Party's breach of any of the provisions of these Data Sharing Terms.

6. Definitions

6.1. In these Data Sharing Terms:

a. Clearpay means Clearpay Finance Limited (company number 05198026);

b. Customer User Terms means the Afterpay consumer terms of service relating to the provision of deferred payment services;

c. Data Controller has the meaning given to it in the Data Protection Laws (as applicable);

d. Data Processor has the meaning given to it in the Data Protection Laws (as applicable);

e. 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) in the UK the UK GDPR as defined in The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019; the Data Protection Act 2018; and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and (ii) in the European Economic Area, the General Data Protection Regulation EU 2016/679 (“GDPR”) and any laws and regulations implementing or made pursuant to EU Directive 2002/58/EC (as amended by 2009/136/EC); in each case, as updated, amended or replaced from time to time;

f. Data Subject means a potential Customer or a Customer who is the subject of Personal Data and as set out in the Appendix to the Data Sharing Terms;

g. Personal Data has the meaning given to it in the Data Protection Laws (as applicable);

h. Permitted Purpose is as detailed in the Appendix to these Data Sharing Terms;

Appendix to Data Sharing Terms

1. Shared Personal Data and Permitted Purposes

Shared Personal Data provided by You to

Afterpay (including Data Subject)

Permitted Purpose

• First name, surname and mobile number of potential Customers and Customers

• Email address and IP address of

potential Customers and Customers

For the purpose of enabling Afterpay to:

• undertake fraud prevention; and

• on-board the Customer

For the purpose of Afterpay exercising its rights and performing its obligations under the Afterpay Agreement and Customer User Terms.

• Customer address

• Customer order number

• Customer first name, surname and email address

For the purpose of enabling Afterpay to:

• deal with Customer complaints relating to the service We provide to Customers

For the purpose of Afterpay exercising its rights and performing its obligations under the Afterpay Agreement and Customer User Terms.

First name, surname, email address and contact

number of Your employees

For the purpose of Afterpay exercising its rights and performing its obligations under the Afterpay Agreement and Customer User Terms.

Shared Personal Data provided by Afterpay

to You (including Data Subject)

Permitted Purpose

• Customer address

• Customer order number

• Customer first name, surname and email address

For the purpose of enabling You to:

• deliver Goods to Customers where Merchant utilises the Afterpay express checkout function on their Website;

• deal with Customer complaints relating to the services You provide to Customers;

• deal with refunds and/or orders and queries from Customers in relation to refunds and/or orders (via the

Merchant Portal or otherwise)

First name, surname, email address and contact

number of Afterpay employees

For the purpose of You exercising your rights and performing your obligations under the Afterpay Agreement.

2. Merchant POC

To be provided by the Merchant in writing on signature of the Afterpay Agreement.

Afterpay’s UK POC:

Name: Anu Putrevu

Title: Data Protection Officer Email: [email protected]

Standard Contractual Clauses Set II

As set out in the annex to Commission Decision 2004/915/EC

Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)

Name of the data exporting organisation: Clearpay Finance Limited

Address: 125 Kingsway, London, WC2B 6NH

Tel: n/a

Fax: n/a

Email: [email protected]

Other information needed to identity the Company registration number: 05198026 organisation:

(the data exporter)

Name of the data importing organisation: Merchant.

Address: As set out in the Afterpay Agreement.

Tel: As set out in the Afterpay Agreement.

Fax: As set out in the Afterpay Agreement.

Email: As set out in the Afterpay Agreement.

Other information needed to identity the organisation:

(the data importer)

each a ‘party’; together the ‘parties’.

Definitions

For the purposes of the clauses:

(a) “personal data”, “special categories of data/sensitive data”, “process/processing”, “controller”, “processor”, “data subject” and “supervisory authority/authority” shall have the same meaning as in Directive 95/46/EC of 24 October 1995 (whereby “the authority” shall mean the competent data protection authority in the territory in which the data exporter is established);

(b) “the data exporter” shall mean the controller who transfers the personal data;

(c) “the data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;

(d) “clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.

The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.

1. Obligations of the data exporter

The data exporter warrants and undertakes that:

(a) The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.

(b) It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.

(c) It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.

(d) It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.

(e) It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause 3, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.

2. Obligations of the data importer

The data importer warrants and undertakes that:

(a) It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

(b) It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.

(c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.

(d) It will process the personal data for purposes described in Annex B and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.

(e) It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause 1(e).

(f) At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfil its responsibilities under clause 3 (which may include insurance coverage).

(g) Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any

independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.

(h) It will process the personal data, at its option, in accordance with:

(i) the data protection laws of the country in which the data exporter is established, or

(ii) the relevant provisions¹ of any Commission decision pursuant to Article 25(6) of Directive 95/46/EC, where the data importer complies with the relevant provisions of such an authorisation or decision and is based in a country to which such an authorisation or decision pertains, but is not covered by such authorisation or decision for the purposes of the transfer(s) of the personal data², or

(iii) the data processing principles set forth in Annex A.

Data importer to indicate which option it selects: (i) Initials of data importer:

;

(i) It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and

(i) the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or

(ii) the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or

(iii) data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or

(iv) with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer

3. Liability and third party rights

(a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.

(b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses 1(b), 1(d), 1(e), 2(a), 2(c), 2(d), 2(e), 2(h), 2(i), 3(a), 5, 6(d) and 7 against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights

1 “Relevant provisions” means those provisions of any authorisation or decision except for the enforcement provisions of any authorisation or decision (which shall be governed by these clauses).

2 However, the provisions of Annex A.5 concerning rights of access, rectification, deletion and objection must be applied when this option is chosen and take precedence over any comparable provisions of the Commission Decision selected.

against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

4. Law applicable to the clauses

These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause 2(h), which shall apply only if so selected by the data importer under that clause.

5. Resolution of disputes with data subjects or the authority

(a) In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.

(b) The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.

(c) Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.

6. Termination

(a) In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.

(b) In the event that:

(i) the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);

(ii) compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;

(iii) the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;

(iv) a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or

(v) a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs

then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.

(c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.

(d) The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause 5(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

(e) In the event of termination of these clauses, the data importer must return all personal data and all copies of the personal data subject to these clauses to the data exporter forthwith or, at the data exporter’s choice, will destroy all copies of the same and certify to the data exporter that it has done so, unless the data importer is prevented by its national law or local regulator from destroying or returning all or part of such data, in which event the data will be kept confidential and will not be actively processed for any purpose. The data importer agrees that, if so requested by the data exporter, it will allow the data exporter, or an inspection agent selected by the data exporter and not reasonably objected to by the data importer, access to its establishment to verify that this has been done, with reasonable notice and during business hours.

7. Variation of these clauses

The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.

8. Description of the Transfer

The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause 1(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.

9. Indemnification

The parties will indemnify each other and hold each other harmless from any cost, charge, damages, expense or loss which they cause each other as a result of their breach of any of the provisions of these clauses. Indemnification hereunder is contingent upon (a) the party(ies) to be indemnified (the “indemnified party(ies)”) promptly notifying the other party(ies) (the “indemnifying party(ies)”) of a claim, (b) the indemnifying party(ies) having sole control of the defence and settlement of any such claim, and (c) the indemnified party(ies) providing reasonable cooperation and assistance to the indemnifying party(ies) in defence of such claim.

Dated:

On behalf of the data exporter On behalf of the data importer

Name: Richard Bayer Name:

Position: EVP, Country Manager, UK Position:

Signature: Signature:

ANNEX A

DATA PROCESSING PRINCIPLES

1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.

2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.

3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.

4. Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.

5. Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.

6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under clause II.

7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.

8. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:

(a) (i) such decisions are made by the data importer in entering into or performing a contract with the data subject, and

(ii) (the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.

(b) where otherwise provided by the law of the data exporter.

ANNEX B DESCRIPTION OF THE TRANSFER

Data subjects

The personal data transferred concerns the following categories of data subjects: As described in the Data Sharing Terms Appendix

Purpose of the transfer

The transfer is made for the follow purposes:

As described in the Data Sharing Terms Appendix

Categories of data

The personal data transferred concern the following categories of data:

As described in the Data Sharing Terms Appendix

Recipients

The personal data transferred may only be disclosed to the following recipients or categories of recipients: As described in the Data Sharing Terms Appendix

Sensitive data (if appropriate)

The personal data transferred concern the following categories of sensitive data: As described in the Data Sharing Terms Appendix

Data protection registration information of data exporter (where applicable)

The data exporter’s Information Commissioner’s Office registration number is ZA285684

Additional useful information

n/a

Contact points for data protection enquiries: Data Exporter: DPO of Clearpay Finance Limited Data Importer: