2020-887-E Economic Dev - Submittable Holdings Inc grant management software

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DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D 1.2 The data exporter means the controller who transfers the personal data; 1.3 The data importer means the processor who agrees to receive from the data exporter personal data intended for processing on its behalf after the transfer in accordance with its instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; 1.4 The sub-processor means any processor engaged by the data importer or by any other sub- processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with its instructions, the terms of the Clauses and the terms of the written subcontract; 1.5 The applicable data protection law means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; 1.6 Technical and organisational security measures means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. 2. Details of the transfer. The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix A of the DPA which forms an integral part of the Clauses. 3. Third-party beneficiary clause. The data subject can enforce against the data exporter this clause 3, clause 4.1 to clause 4.9, clause 5.1 to clause 5.5, clause 5.7 to clause 5.10, clause 6.1 and clause 6.2, clause 7, clause 8.2, and clause 9 to clause 12 as third-party beneficiary. 3.1 The data subject can enforce against the data importer this clause 3, clause 5.1 to clause 5.5, clause 5.7, clause 6, clause 7, clause 8.2, and clause 9 to clause 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 3.2 The data subject can enforce against the sub-processor this clause 3, clause 5.1 to clause 5.5 and clause 5.7,clause 6, clause 7, clause 8.2, and clause 9 to clause 12,in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses. 3.3 The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. 4. Obligations of the data exporter. The data exporter agrees and warrants: 4.1 that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law Submittable Customer Terms of Service v1.1—Exhibit B,Appendix C Page 2 of 8