Data Processing Agreement

This Data Processing Agreement ("DPA") supplements the Factory Terms and Conditions (the "Agreement") that you ("Customer") accepted when Customer paid the Fees to access the selected Services. This DPA incorporates the terms of the Agreement, and any terms not defined in this DPA shall have the meaning set forth in the Agreement.

1. Definitions

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 Factory to perform its obligations under this DPA or the Agreement, and who is either (1) listed in Exhibit A or (2) subsequently authorized under Section 5.2 of this DPA.

1.3. "Contact Data" means the Personal Data that Factory Processes as a Controller, such as account information, payment information, and event attendee information.

1.4. “Customer Personal Data” means Personal Data provided by Customer to, or which is collected on behalf of Customer by, Factory to provide services to Customer pursuant to the Agreement. Customer Personal Data does not include Contact Data.

1.5. "Data Exporter" means Customer.

1.6. "Data Importer" means Factory.

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: (i) U.S. Privacy Laws, (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 Swiss Federal Act on Data Protection; (iv) the UK Data Protection Act 2018; (v) the Privacy and Electronic Communications (EC Directive) Regulations 2003as updated, amended or replaced from time to time.

1.8. "Data Subject", "Personal Data", "Personal Data Breach", "Processing", “Process”, "Processor," "Controller," and "Supervisory Authority" shall have the meanings set forth in the Data Protection Laws. “Data Subject” includes “Consumer” as that term is defined under U.S. Privacy Laws.“Processor” includes “Service Provider” or “Contractor” as those terms are defined in the U.S. Privacy Laws.

1.9. "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 7.2 of this DPA.

1.10. "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.

1.11. "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 the United 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.

1.12. "Personal Data" means "personal data", "personal information", "personally identifiable information" or similar information defined in and governed by Data Protection Laws.

1.13. “Share,” “Shared,” and “Sharing” have the meaning defined in the CCPA.

1.14. “Sale” and “Selling” have the meaning defined in the U.S. Privacy Laws.

1.15. "Service-Generated Data" means usage data and metadata that is generated through the use of the Services, including data generated through the use of Support Services. This DPA applies to Service-Generated Data to the extent Service-Generated Data constitutes Personal Data.

1.16. "Services" shall have the meaning the services provided by Factory to Customer set forth in the Agreement and involve the Processing of Personal Data.

1.17. "Standard Contractual Clauses" means the EU SCCs and the UK Addendum..

1.18. “UK Addendum” means the addendum to the SCCs issued by the UK Information Commissioner under Section 119A(1) of the UK Data Protection Act 2018 (version B1.0, in force March 21, 2022).

1.19. “U.S. Privacy Laws” means, collectively, all United States federal and state privacy laws and their implementing regulations, as amended or superseded from time to time, that apply generally to the Processing of individuals’ Personal Data and that do not apply solely to specific industry sectors (e.g., financial institutions), specific demographics (e.g., children), or specific classes of information (e.g., health or biometric information). U.S. Privacy Laws include, but are not limited to the following:,

1.19.1. Alabama Personal Data Protection Act;

1.19.2. California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”);

1.19.3. Colorado Privacy Act;

1.19.4. Connecticut Personal Data Privacy and Online Monitoring Act;

1.19.5. Delaware Personal Data Privacy Act;

1.19.6. Indiana Consumer Data Protection Act;

1.19.7. Iowa Consumer Data Protection Act;

1.19.8. Kentucky Consumer Data Protection Act;

1.19.9. Louisiana Data Privacy Act;

1.19.10. Maryland Online Data Privacy Act;

1.19.11. Minnesota Consumer Data Privacy Act;

1.19.12. Montana Consumer Data Privacy Act;

1.19.13. Nebraska Data Privacy Act;

1.19.14. Nevada Consumer Health Privacy Act (NV SB 370);

1.19.15. New Hampshire Act Relative to the Expectation of Privacy;

1.19.16. New Jersey Act Concerning Online Services, Consumers, and Personal Data;

1.19.17. Oklahoma Consumer Data Privacy Act;

1.19.18. Oregon Consumer Privacy Act;

1.19.19. Rhode Island Data Transparency and Privacy Protection Act;

1.19.20. Tennessee Information Privacy Act;

1.19.21. Texas Data Privacy and Security Act;

1.19.22. Utah Consumer Privacy Act;

1.19.23. Virginia Consumer Data Protection Act; and

1.19.24. Washington My Health My Data Act.

2. Relationship of the Parties; Processing of Data

2.1. This DPA applies only to Factory’s Processing of Customer Personal Data for the nature, limited and specific purposes, and duration set forth in Exhibit A.

2.2. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer may act either as a Controller or Processor on behalf of a third-party Controller and, except as expressly set forth in this DPA or the Agreement, Factory is a Processor or sub-Processor respectively. Customer is the single point of contact for Factory for any Processing on behalf of a third-party Controller under this DPA and undertakes to issue all instructions on behalf of such a third-party Controller.

2.3. Customer shall, in its use of the Services, at all times Process Customer Personal Data, and provide instructions for the Processing of Customer Personal Data, in compliance with Data Protection Laws. Customer shall ensure that the Processing of Customer Personal Data in accordance with Customer's instructions will not cause Factory to be in breach of the Data Protection Laws. Customer is solely responsible for the accuracy, quality, and legality of (i) the Customer Personal Data provided to Factory by or on behalf of Customer, (ii) the means by which Customer acquired any such Customer Personal Data, and (iii) the instructions it provides to Factory regarding the Processing of such Customer Personal Data. Customer shall not provide or make available to Factory any Customer Personal Data in violation of the Agreement or otherwise inappropriate for the nature of the Services, and shall indemnify Factory from all claims and losses in connection therewith.

2.4. Factory is prohibited from (i) Selling or Sharing Customer Personal Data, (ii) retaining, using, or disclosing Customer Personal Data for any purpose other than for the specific purpose documented in the Customer instructions, (iii) retaining, using, or disclosing Customer Personal Data outside of the direct business relationship between Customer and Factory, and (iv) combining Customer Personal Data with Personal Data obtained from, or on behalf of, sources other than Customer, except as expressly permitted under applicable Data Protection Law.

2.5. Factory shall not Process Customer Personal Data (i) for purposes other than those set forth in the Agreement and Exhibit A, (ii) any other documented instructions provided by Customer unless required to do so by Supervisory Authority competent over Factory’s processing activities; in such a case, Factory shall inform the Customer of that 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 Factory to Process Customer Personal Data in accordance with the foregoing and as part of any Processing initiated by Customer in its use of the Services.

2.6. Customer acknowledges that Factory may also Process Customer Personal Data, including in de-identified form, relating to the operation, support, or use of the Services for its own business purposes, such as billing, account management, data analysis, benchmarking, technical and customer support, product improvement, model training and compliance with law. In particular, Factory may use Service-Generated Data to operate, improve and support the Services, to provide marketing and service-related messages and for other lawful business practices, such as analytics, benchmarking and reporting. Subject to applicable Data Protection Laws, Factory may be the Controller for such Processing and will Process such data in accordance with Data Protection Laws.

2.7. The Parties acknowledge and agree that the exchange of Personal Data between the Parties does not form part of any monetary or other valuable consideration exchanged between the Parties with respect to the Agreement or this DPA.

2.8. Notwithstanding any provision to the contrary in the Agreement or this DPA, the terms of this DPA shall not apply to Factory’s Processing of Customer Personal Data that is exempt from applicable Data Protection Laws.

2.9. Following completion of the Services, at Customer's choice and expense, Factory shall return or delete Customer's Personal Data, unless further storage of such Customer Personal Data is required or authorized by applicable law. If return or destruction is impracticable or prohibited by law, rule or regulation, Factory shall take measures to block such Customer 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 Customer Personal Data remaining in its possession, custody, or control.

3. Compliance

3.1. Factory, its employees, agents, subcontractors, and sub-processors (a) shall comply with the obligations of the Data Protection Laws, (b) shall provide the level of privacy protection required by the Data Protection Laws, (c) shall provide Customer with all reasonably-requested assistance to enable Customer to fulfill its own obligations under the Data Protection Laws, and (d) understand and shall comply with this DPA. Upon the reasonable request of Customer, Factory shall make available to Customer information in Factory’s possession necessary to demonstrate Factory’s compliance with this subsection.

3.2. Customer has the right to take reasonable and appropriate steps to ensure that Factory uses Customer Personal Data consistent with Customer’s obligations under applicable Data Protection Laws and this DPA.

4. Confidentiality

4.1. Factory shall ensure that any person it authorizes to Process Customer Personal Data is subject to a duty of confidentiality with respect to Customer Personal Data.

5. Authorized Sub-Processors

5.1. Customer acknowledges and agrees that Factory may (1) engage its Affiliates and the Authorized Sub-Processors listed in the List to access and Process Customer Personal Data in connection with the Services and (2) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the Processing of Customer Personal Data. By way of this DPA, Customer provides general written authorization to Factory to engage sub-processors as necessary to perform the Services.

5.2. Factory’s current Authorized Sub-Processors (the “List”) are located at https://trust.factory.ai/subprocessors. Such List may be updated by Factory from time to time. Customer agrees to receive notification of new Authorized Sub-Processors via subscribing to such notifications at https://trust.factory.ai/subprocessors. At least ten (10) days before enabling any third party other than existing Authorized Sub-Processors to access or participate in the Processing of Customer Personal Data, Factory will add such third party to the List and Customer shall receive notification via subscription. Customer may object to such an engagement by informing Factory 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 Authorized Sub-Processors are essential to providing the Services and that objecting to the use of an Authorized Sub-Processors may prevent Factory from offering the Services to Customer.

5.3. In the event Customer objects, the Parties shall discuss Customer’s concerns in good faith with a view to achieving a commercially reasonable resolution. If the Parties cannot reach a commercially reasonable alternative within a reasonable period of time, Customer may discontinue the use of the affected Service by providing written notice to Factory. Discontinuation shall not relieve Customer of any fees owed to Factory under the Agreement.

5.4. If Customer does not object to the engagement of a third party in accordance with Section 5.2 within ten (10) days of notice by Factory, that third party will be deemed an Authorized Sub-Processor for the purposes of this DPA.

5.5. Factory will enter into a written agreement with the Authorized Sub-Processor imposing on the Authorized Sub-Processor data protection obligations comparable to those imposed on Factory under this DPA with respect to the protection of Customer Personal Data. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such written agreement with Factory, Factory will remain liable to Customer for the performance of the Authorized Sub-Processor’s obligations under such agreement.

5.6. If Customer and Factory have entered into Standard Contractual Clauses as described in Section 7 (Transfers of Customer Personal Data), the parties agree that the copies of the agreements with Authorized Sub-Processors that must be provided by Factory to Customer pursuant to Clause 9(c) of the EU SCCs, as applicable, may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by Factory beforehand, and that such copies will be provided by Factory only upon request by Customer.

6. Security of Customer Personal Data

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Parties shall maintain commercially reasonable technical and organizational measures to provide a level of security appropriate to the risk of Processing Customer Personal Data. Exhibit B sets forth additional information about Factory’s technical and organizational security measures. Customer acknowledges that the security measures in Exhibit B are appropriate in relation to the risks associated with Customer’s intended Processing and will notify Factory prior to any intended Processing for which Factory’s security measures may not be appropriate.

7. Transfers of Customer Personal Data

7.1. The parties agree that Factory may transfer Customer Personal Data Processed under this DPA outside the EEA, the UK, or Switzerland as necessary to provide the Services. Customer acknowledges that Factory’s primary Processing operations take place in the United States. If Factory transfers Customer Personal Data protected under this DPA to a jurisdiction that has not been deemed adequate by the European Commission, or the competent UK or Swiss authorities as applicable, Factory will ensure that appropriate safeguards have been implemented for the transfer of Customer Personal Data in accordance with Data Protection Laws.

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

7.2.1. Module Two (Controller to Processor) of the EU SCCs apply when Customer is a Controller and Factory is Processing Customer Personal Data for Customer as a Processor under this DPA.

7.2.2. Module Three (Processor to Sub-Processor) of the EU SCCs apply when Customer is a Processor and Factory is Processing Customer Personal Data on behalf of Customer as a sub-processor under this DPA.

7.3. For each module, where applicable the following applies:

7.3.1. The optional docking clause in Clause 7 is implemented .

7.3.2. 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 5.2 of this DPA;

7.3.3. In Clause 11, the optional language does not apply;

7.3.4. In Clause 17 (Option 1), the EU SCCs will be governed by Irish law;

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

7.3.6. Exhibit A to this DPA contains the information required in Annex I and Annex III of the EU SCCs; and

7.3.7. Exhibit B to this DPA contains the information required in Annex II of the EU SCCs.

7.4. Ex-UK Transfers. The parties agree that ex-UK Transfers are made pursuant to the UK Addendum, which are deemed entered into and incorporated into this DPA by reference, and amended and completed in accordance with Exhibit D of this DPA. Part 1 of the UK Addendum is completed as follows: (i) in Table 1, the “Exporter” is Customer and the “Importer” is Factory, their details are set forth in this DPA, and the Agreement; (ii) in Table 2, the first option is selected and the “Approved EU SCCs” are the SCCs referred to in Section 7.2 of this DPA; (iii) in Table 3, Annexes 1 (A and B) and II to the “Approved EU SCCs” is Exhibit A and B respectively; and Annex III to the “Approved EU SCCs” is linked in Section 7.2 of this DPA; and (iv) in Table 4, the “Importer” can terminate the UK Addendum.

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

7.5.1. 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.

7.5.2. 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 Clause 13 shall be observed.

7.5.3. 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.

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

7.6.1. If, after the date of this DPA, the Data Importer receives any Government Agency Requests relating to the Customer Personal Data Processed by Factory as a Processor under this DPA, Factory shall attempt to redirect the law enforcement or government agency to request that data directly from Customer. As part of this effort, the parties agree that Factory 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, Factory shall give Customer reasonable notice of the demand and cooperate to allow Customer to seek a protective order or other appropriate remedy unless Factory is legally prohibited from doing so. Factory shall not disclose Customer Personal Data to any law enforcement or government agency, unless Factory determines in good faith that such disclosure is required by applicable law, including EU, Member State law or local laws.

7.6.2. If Data Protection Laws require the Data Exporter to execute the Standard Contractual Clauses applicable to a particular transfer of Customer 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.

7.6.3. If either (i) any of the means of legitimizing transfers of Customer 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 Customer 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.

8. Data Subject Rights

8.1. Factory shall, to the extent permitted by 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 or restriction of Processing, withdrawal of consent to Processing, and/or objection to being subject to Processing, including Processing that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”) subject to applicable Data Protection Laws. If Factory receives a Data Subject Request in relation to Customer’s data, Factory will advise the Data Subject to submit their request to Customer and Customer will be responsible for responding to such Data Subject Request, including, where necessary, by using the functionality of the Services.

8.2. Factory shall, at the request of the Customer, and taking into account the nature of the Processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Customer in complying with Customer’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Customer is itself unable to respond without Factory’s assistance and (ii) Factory is able to do so in accordance with all applicable laws, rules, and regulations. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Factory.

8.3. Factory shall not be required to delete any Customer Personal Data to comply with a Consumer’s request directed by Customer if retaining such information is specifically permitted by applicable Data Protection Laws; provided, however, that in such case, Factory will promptly inform Customer of the exceptions relied upon under applicable Data Protection Laws and Factory shall not use Customer Personal Data retained for any purpose other than provided for by that exception.

9. Actions and Access Requests; Audits

9.1. Factory shall, taking into account the nature of the Processing and the information available to Factory, 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 related prior consultations with Supervisory Authorities , 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 Factory.

9.2. Customer has the right to monitor Factory’s compliance with this DPA through measures, including, but not limited to, ongoing manual reviews, automated scans, regular assessments, audits, or other annual technical and operational testing at least once every 12 months. Upon Customer’s reasonable written request, and subject to reasonable confidentiality controls, Factory shall, either (i) make available for Customer’s review copies of certifications or reports demonstrating Factory’s compliance with prevailing data security standards applicable to the Processing of Customer’s Personal Data at Factory’s expense, 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 Factory’s data security infrastructure and procedures that is sufficient to demonstrate Factory’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 Factory’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 Customer Personal Data Processed on Customer’s behalf under this DPA. Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Factory for any time expended for on-site audits. If Customer and Factory have entered into Standard Contractual Clauses as described in Section 7 (Transfers of Customer Personal Data), the parties agree that the audits described in Clause 8.9 of Module Two of the EU SCCs shall be carried out in accordance with this Section 9.3.

9.3. Factory shall immediately notify Customer if an instruction, in Factory’s opinion, infringes the Data Protection Laws. Factory shall promptly notify Customer if it determines that it can no longer meet its obligations under applicable Data Protection Law. Upon receiving notice from Factory in accordance with this subsection, Customer may direct Factor to take reasonable and appropriate steps to stop and remediate unauthorized use of Customer Personal Data.

9.4. In the event of a Personal Data Breach that affects Customer Personal Data Processed on behalf of Customer, Factory shall, without undue delay, inform Customer of the Personal Data Breach and take such steps as Factory in its sole discretion deems necessary and reasonable to remediate the Personal Data Breach (to the extent that remediation is within Factory’s reasonable control).

9.5. In the event of a Personal Data Breach, Factory shall, taking into account the nature of the Processing and the information available to Factory, provide Customer with reasonable cooperation and assistance necessary for Customer to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data Subjects affected by such Personal Data Breach without undue delay.

9.6. The obligations described in Sections 8.1 and 8.2 shall not apply in the event that a Personal Data Breach results from the actions or omissions of Customer. Factory’s obligation to report or respond to a Personal Data Breach under Sections 8.1 and 8.2 will not be construed as an acknowledgement by Factory of any fault or liability with respect to the Personal Data Breach.

10. Conflict

In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the terms of this DPA, including its SCCs, as applicable; (3) the Agreement; and (4) Factory’s privacy policy, where such policy has binding effect under applicable law. 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 Agreement.

11. Changes to Applicable Data Protection Laws

11.1. The Parties agree to cooperate in good faith to enter into additional terms to address any modifications, amendments, or updates to applicable statutes, regulations or other laws pertaining to privacy and information security, including, where applicable, the Data Protection Laws.

Exhibit A

1. The Parties

• Data exporter(s): Customer and authorized Affiliates of Customer ‍

  • Name: Customer

  • Contact person’s name, position and contact details: Customer's account owner name, position and email address, or to the email address(es) for which Customer elects to receive privacy communications

  • Activities relevant to the data transferred under these Clauses: Customer receives Factory’s services as described in the Agreement and this DPA and Customer provides Customer Personal Data to Factory in that context.

  • Signature and date: By entering into the Agreement, Data Exporter is deemed to have signed this DPA and the Standard Contractual Clauses incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

  • Role (Controller/Processor): Controller or Processor on behalf of a Third-Party Controller

• Data importer(s): San Francisco AI Factory, Inc.

  • Trading Name (if different): Factory

  • Address: 410 Townsend St. Suite 100 San Francisco, California, 94107

  • Contact person’s name, position and contact details: Eno Reyes, Chief Technology Officer, eno@factory.ai

  • Activities relevant to the data transferred under these Clauses: As set forth in the DPA

  • Signature and date: By entering into the Agreement, Data Importer is deemed to have signed this DPA and the Standard Contractual Clauses incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

  • Role (Controller/Processor): Processor

2. Description of the Transfer

3. Competent Supervisory Authority

The Supervisory Authority shall be the Irish Data Protection Commission, 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.The competent authority for the Processing of Customer Personal Data relating to Data Subjects located in Switzerland is the Swiss Federal Data Protection and Information Commissioner.

Exhibit B: Description of the Technical and Organisational Security Measures implemented by the Data Importer

Previous Versions

• April 29, 2026