ALWAYSDATA STANDARD TERMS OF SERVICE(Last updated: November 1st, 2022)

PLEASE READ THESE STANDARD TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICESPROPOSED BY ALWAYSDATA.
THESE STANDARD TERMS SET OUT THE TERMS AND LEGAL OBLIGATIONS THAT APPLY TO ANY PERSONSIGNING UP FOR ALWAYSDATA SERVICES ON WWW.ALWAYSDATA.COM PROPOSED BY
ALWAYSDATA.

1. Purpose - Acceptance - Validation of Contracts
The purpose of these Standard Terms of Service (the “Standard Terms”) and the special terms (the “Special
Terms”) specific to the one or more Services ordered by the Customer, is to set out the terms andconditions on which Alwaysdata, a French société à responsabilité limitée (private limited company) with ashare capital of €200,000, registered in Paris Trade and Companies Register under number 492 893 490,
whose registered office is located at 91 rue du Faubourg Saint-Honoré – 75008 Paris, known under its
trading name “Alwaysdata” (hereinafter referred to as“Alwaysdata”), provides the Services to Customers.
By using the Services provided by Alwaysdata, the Customer is deemed to have first become familiar with
the Standard Terms and the Special Terms specific to the Services proposed by Alwaysdata (shared hosting
service, managed dedicated hosting service, gold hosting service, free plan etc.), to have accepted themwithout any exceptions or reservations by following the technical procedures in force on the
Alwaysdata website at that time and to have agreed to strictly comply with the said terms.
Alwaysdata and each Customer expressly agree that their relationship is not governed by any contractual
provisions other than those referred to in the Standard Terms, the Special Terms applicable for theone or more Services ordered and the Purchase Order validated by each Customer.
All of these contract documents constitute the law between the Parties and are hereinafter collectively
referred to as the “Contract”.

2. Verification of Suitability
The Customer represents and acknowledges that before signing up for the one or more Services, theCustomer checked the suitability of the said Services for its/his/her needs and that the Customer does infact consider them to be suitable for these needs. Likewise, the Customer represents and acknowledges
that Alwaysdata has provided it/him/her with all the information and advice needed to enter into thisContract, and accordingly, the Customer waives any right to bring any claim inthis respect.

The Customer also represents that it/he/she has the required knowledge, skills and resources, inparticular human and technological resources, for the use of any ordered Service and that accordingly, theCustomer also waives any right to bring a claim in this respect.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

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3. Definitions
The following terms and expressions, where capitalised and whether they are used in the singular or in theplural in these Standard Terms or in any supplementary Special Terms, will have the meaning assigned
below unless the context otherwise requires:- “Admin Area” or “Customer Area”: the Customer’s private online area on the Alwaysdata website
containing, in particular, information on the Services provided by Alwaysdata and allowing the Customer tomanage the said Services.
- “Administration”: any act of management for the operation and use of the Server. These acts
include, in particular, saving data, settings, publication and data and application updates etc.
- “Error”: means any material problem affecting the physical machines used and any problem
affecting the Service.
- “Bandwidth”: maximum amount of data transferred on the Internet network, usually expressedas the number of bits per second, with the rate being determined by Alwaysdata. The Bandwidth may beshared between several different Customers (shared hosting service) or may be assigned to one single
Customer (managed dedicated hosting service).
- “Customer”: any private individual or legal entity (whether public or private) with the legal
capacity to contract who accordingly enters into a Contract for the Services proposed by Alwaysdata.
- “User Credentials”: username (“Username”) and password (“Password”) chosen by the Customer
to allow the latter to access the Services and manage them via the Admin Area.
- “Special Terms”: the contractual terms governing each specific Service proposed by Alwaysdata(shared hosting service, managed dedicated hosting service, gold hosting service, free plan etc.).
- “Consumer”: means, for the purposes of the French Consumer Code (Code de la Consommation),any private individual acting for any purpose other than his/her commercial, industrial, small-scale orfreelance activity.
- “Data”: any electronic document or digital file installed or changed by the Customer when using
the Server and/or the Services.
- “Publisher”: means the private individual or legal entity publishing a piece of software, whoaccordingly holds the corresponding intellectual property rights.
- “Email”: electronic mail sent via the Internet network using various protocols: POP, IMAP,

etc.
- “Major Upgrade”: means any analysis and development work lasting for more than twodays, carried out by Alwaysdata for the Customer.
- “Order Form”: online purchase order available on the Alwaysdata website(https://www.alwaysdata.com/en/), to be used to validate the Service signed up for by the Customer. For
the purposes hereof, the expressions “Order Form” and “Purchase Order” refer to the same form.
- “Guaranteed Response Time”: maximum time in which a member of Alwaysdata’s staff will
respond, expressed in business hours, guaranteed by Alwaysdata in the event of Downtime.
- “Guaranteed Resolution Time”: maximum time for a return to operation (temporary or
permanent solution) expressed in business hours, guaranteed by Alwaysdata in the event of Downtime.
- “Downtime”: any technical failure preventing physical access to the Website and/or the Data
and/or the Services.

-“Personal Data”: any information provided by the Customer, to allow the latter to be identified
by Alwaysdata (surname, first name, postal address, email address, telephone number, company name andorganisation name, where applicable etc.).
- “Infrastructure”: all technical equipment: servers, switch, load balancer etc. used by Alwaysdata
to provide the Service.
- “Static IP” or “IP Address”: a numerical label representing 32 bits (IPV4) or 128 bits (IPV6)
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

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providing a unique identifier for each Server connected to the Internet.
- “Software”: a set of computer programs, databases, scripts, processes and operating systems
etc. designed to process data automatically and made available to the Customer by Alwaysdata and/or by
their respective publishers as part of the Service.
- “Party”: Alwaysdata or the Customer, as appropriate. The term “Parties” refers to both
Alwaysdata and the Customer.
- “System Resources”: storage capacity, RAM and ROM of the Server and its processor (CPU), thecorresponding Software and the Bandwidth capacity made available to Customers by Alwaysdata as part of
the Service.
- “Technical Restrictions”: technical restrictions on the use and exploitation of the Service imposedby Alwaysdata, primarily due to the characteristics of the server and/or the Infrastructure, Alwaysdata’s
sales policy, Alwaysdata’s technological choices or technological developments etc.
- “Server”: computer performing the functions (including storing files, transferring emails etc.)with the
exception of the software, used by Alwaysdata to provide the Service.
- “Dedicated Server”: Server whose entire storage space is reserved for the Data of one single
Customer.
- “Shared Server”: Server whose storage space is shared by several Customers.
- “Service(s)”: service provided by Alwaysdata, involving the provision of online services including,in particular, the provision of Data hosting services, the provision of managed dedicated or shared Servers
for hosting, the installation and maintenance of Software on the Server to allow its use by the Customer,
access to an FTP server, the creation and hosting of Emails and the provision of the corresponding
management, monitoring and supervision services, 24 hours a day, 7 days a week, save in the event of aService(s) interruption for maintenance purposes.
- “Additional Service(s)”: services that were not stated in the Order Form, that the Customer
wishes to receive. In such a case, the Customer will place a specific or supplementary order with
Alwaysdata.
- “Free Plan(s)”: services provided by Alwaysdata as part of the Service, at no cost.
- “Managed Dedicated Hosting Service(s)”: Data storage and processing services, via the provisionof a Server managed by Alwaysdata, System Resources, Software and Bandwidth made available to one
single Customer, to be used to publish the Customer’s Data on the Internet network.
- “Shared Hosting Service(s)”: service involving the provision by Alwaysdata of storage space (asdescribed in the Purchase Order) on Alwaysdata’s Server and/or Infrastructure, to which System Resources
are assigned, shared by several Customers, to be used to publish Customers’ Data on the Internet
network.
- “Website”: the website(s), computer applications, software packages, software and databases
etc. and the Customer’s corresponding content published on the Internet network.
- “Traffic”: amount of computer Data sent or received by the Customer on or from the Server
and/or the Website over a given period. Monthly traffic is measured as the amount of Data transferredfrom and to the Customer’s website or server.
- “Processing”: process by which Alwaysdata’s teams approve the Customer’s request relating tothe order for the Service, causing Alwaysdata to prepare the Service in order to make it available to theCustomer.

4. Signing-Up – Registration
The Customer is informed that it/he/she may only sign up for the Service online, on the Alwaysdata
website (https://www.alwaysdata.com/en/).

4.1.

During the registration process, the Customer undertakes to follow the instructions given on the
Alwaysdata website and to provide its/his/her personal data (surname, first name, postal address, email
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

3address, company name and organisation name, where applicable etc.) in a correct, accurate and truthfulmanner.
The Customer is reminded that Alwaysdata has no liability, in any circumstances whatsoever, for thecontent, the accuracy, the genuineness, the completeness, the relevance or the scope of the information
provided by the Customer for this purpose.

4.2. The Customer must keep its/his/her personal data updated at all times. If the data provided proves
to be inaccurate, incomplete or false, Alwaysdata reserves the following rights, with no right for the
Customer to claim any refund, credit note or compensation, in any circumstances whatsoever:(i)

The right to decide not to activate and/or to suspend the Service until the Customer corrects theerrors;(ii)

The right to terminate the one or more Contracts, as of right.

The same will apply if the appropriate bodies (for example, banks or holders of credit/debit cards)
challenge the payments made by the Customer.

4.3. Once the registration form has been validated, the Customer will need to choose its/his/her User
Credentials in the form of a username consisting of the Customer’s email address and a password. To thisend, the Customer must choose a password that is at least twelve characters long and contains at least one
lower case letter, one upper case letter, one numeric character and one special character. The Customer
acknowledges that the username and password are the sole means to be used to identify the Customer
and validate the Customer’s access to the Services and the Admin Area, and that no other means may be
used.
4.4. The Customer has sole responsibility for retaining its/his/her username and password. The
Customer may authorise any trusted person of its/his/her choice to access the Admin Area, at any time andfor any reasons whatsoever, under the Customer’s sole liability. Accordingly, the Customer undertakes tomaintain the absolute confidentiality of the username and password and to log out at the end of eachsession. For security reasons, the Customer is required to change them regularly, at least once every threemonths.
Whenever the said username and password are used, they will be deemed to have been used by
the Customer and the latter shall bear the consequences of any use of the said username and password,
even if by fraud.

4.5.

4.6. The Customer agrees that any acts carried out using the above-mentioned username and password
will be automatically treated as having been carried out by the Customer directly and as binding acts. The
Customer agrees that any computer or electronic records made by Alwaysdata and/or its providers for theprovision of the Services, of any acts carried out, primarily through the Customer’s Admin Area, may berelied on or used before any appropriate administrative authority and/or court of law as evidence.
4.7. The Customer acknowledges that it/he/she is solely liable for any acts carried out using its/his/her
User Credentials. The Customer undertakes to use them on a strictly personal basis only.
In the event of a loss, theft or any fraudulent act affecting the User Credentials, the Customer shall be
responsible for giving Alwaysdata swift notice by email and/or registered post with acknowledgement ofreceipt, and will need to prove its/his/her identity, using any available means. Upon receipt of this duly
justified written notice, Alwaysdata will examine the matter and may suspend any form of access to the
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

4Admin Area, for security reasons. Alwaysdata will process the Customer’s request as swiftly as possible andprovide the Customer with new temporary User Credentials by return email. The Customer must
accordingly use them to access its/his/her Admin Area and then change them as swiftly as possible.

5. Duration of the Service
The Standard Terms take effect on the date on which the Customer registered on the Alwaysdata website.
The provision of the one or more Services will commence on the same date.
Unless the Parties agree better terms, these Standard Terms are agreed for an initial continuous period of
twelve (12) months. Thereafter, they will be automatically renewed for further one-year periods, unlessterminated by either Party, by giving prior notice of two (2) months sent by registered post withacknowledgement of receipt.
The Customer is informed that at the end of the Contract, howsoever caused, all Services will be
automatically stopped and then deleted, on the expiry date stated in the Admin Area and by Email.

6. Nature of the Services - Fees and Payment
6.1. The nature and type of the Services provided by Alwaysdata are described in each set of Special
Terms accepted by the Customer and/or on the Alwaysdata website. The fees charged for the Services andthe terms, conditions and time for payment are notified by email and/or on the Alwaysdata website.
The Customer shall pay, within the agreed times, the total fees set out in the Purchase Order,
including VAT, where applicable, and shall bear any and all costs associated with payment, including bankcharges (for making and receiving transfers).

6.2.

If the fees are paid by cheque or wire transfer, the Customer shall state the order number,
its/his/her personal data, the Customer account number, where applicable, its/his/her website and any
information identifying the payment and the corresponding order.

6.3.

6.4. The Customer is informed that Alwaysdata will not fulfil the order if only a partial or incomplete
payment is received.
Alwaysdata disclaims all liability for any loss of data or late processing of an order etc. caused by a
failure to comply with any one of the provisions of Clause 6 hereof (Nature of the Services - Fees andPayment).

6.5.

6.6. Invoices will be made available in the Admin Area. The Customer will be informed of this in an
email sent to the address stated in the Customer profile. Accordingly, the Customer is required to update
the email address stated in its/his/her Customer profile whenever necessary.
6.7. Subject to the special provisions set out in Clause 5 hereof (Duration of the Service), no refund will
be given for any suspension, cancellation or transfer of the Service due to an act or omission by the
Customer or following any wrongful conduct by the Customer in the fulfilment of the obligations set out
herein, prior to the end of the contractual period in force at that time.
6.8.

If the Customer fails to pay an invoice on time and after formal notice given by registered post with

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

5acknowledgement of receipt with which the Customer fails to comply within fifteen (15) days of receipt,
Alwaysdata will charge late payment interest on the outstanding amount, at three times the legal interest
rate, effective from the date of the above-mentioned formal notice.

6.9. The fixed debt collection fee owed to the creditor in the event that the outstanding amounts arepaid after the said date is set at €40 (forty euros), pursuant to Decree No. 2012-1115 of 2 October 2012setting the amount of the fixed debt collection fee in commercial transactionsprovided for in Article L. 44110 of the French Commercial Code (Code de Commerce).
If the debt collection costs incurred exceed the amount of this fixed debt collection fee, thecreditor is entitled to demand additional compensation, against receipts.

6.10.

7. Use of the Services and Liability of the Customer
7.1.

Compliance of the Customer’s Website

The Customer warrants to Alwaysdata that it has obtained all administrative authorisations and made alladministrative declarations required for the operation of the Website hosted on Alwaysdata’s Server.
The Customer warrants, in particular, that it/he/she:Has carried out all the legal and regulatory diligence to be in compliance with the General Data
Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to theprocessing of personal data and on the free movement of such data (GDPR) and with the French Data
Protection Act No. 78-17 of 6 January 1978 as subsequently amended;ii)
Inserts all mandatory legal notices on its/his/her website, in particular, the publisher’s name andfull contact details, the name of the Director or co-Director responsible for publishing its/his/her Website
along with the name and contact details for Alwaysdata, as the hosting service provider, pursuant to theprovisions of Article 6-III-1 of the French Digital Economy Confidence Act of 21 June 2004.

i)

The Customer undertakes to complete all formalities and steps required under the laws and regulations inforce, directly and without any type of involvement by Alwaysdata, primarily with respect to the nature of
the Services selected by the Customer. Alwaysdata disclaims all liability for any dispute or court award that
may arise from the Customer’s failure to comply with applicable regulations.

7.2.

Editorial Control

7.2.1. The Customer undertakes not to use the Services for any unlawful purposes and not to in any
way breach applicable national and international rules or statutory, regulatory or administrativeprovisions.
The Customer warrants to Alwaysdata that it will only use the Service for strictly lawful purposes.

7.2.2. The Customer warrants especially, at all times, that it/he/she:--is the sole owner of the information and data that the Customer publishes on its/his/her Website
and/or has the right to publish this information and data;
will not infringe, by the publication of this information or data, any protected rights, covering bothhuman rights and those protected under the French Intellectual Property Code (Code de la
Propriété Intellectuelle) (copyright, related rights, trademarks, patents etc.);
will not publish any false information about certified designations of origin (AOC, etc.) or a

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

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protected label (AB, etc.);
will not publish any information, especially :
o

o
o
o

o

o

o

o
o

7.3.

that could incite any person to commit a crime against humanity or acts of terrorism (orpromote them), acts of paedophilia, anti-Semitism, hatred, discrimination, racism, fanaticism or
physical violence in relation to individuals or groups of individuals;that could harass third parties or encourage third parties to commit acts of harassment;
soliciting personal data from minors;
showing or advocating unlawful activities or defamatory, offensive, obscene, threatening orslanderous conduct or false or misleading information;
proposing pirate or unauthorised copies of works protected by copyright or as patents ortrademarks;
that could incite, provoke or encourage phishing, the transmission of unsolicited emails, chain
email or email blasts, unwanted instant messages or advertisements or unsolicited mail letters;that assists or encourages any criminal activity or venture or gives information or instructions
on how to assist unlawful activities, invasions of privacy or the spreading and creation ofcomputer viruses;
soliciting passwords or personal data from other users for unlawful commercial purposes;
distributing, reproducing, publishing or modifying, in any manner whatsoever, any item
protected by copyright, registered trademarks or any property right held by third parties
without their prior consent.

Integrity of the Information System

The Customer undertakes to take utmost care in the use of the Services, by complying with the rules ofuse and technical restrictions set out in the Special Terms and/or on the Alwaysdata websiteand/or notified
by Alwaysdata. The Customer undertakes to ensure that the stability, security and quality of the Services,
Alwaysdata’s Infrastructure, the programs, the networks or the Bandwidth of Alwaysdata’s other
Customers or third parties are not affected or undermined by the Customer’s use of the Services.
If Alwaysdata discovers that the Customer’s use of the Service endangers or has a negative impact on thestability, security or quality of the Services, the Infrastructure, the programs, the networks the
Bandwidth or the infrastructure of Alwaysdata, Alwaysdata’s other Customers or third parties, Alwaysdata
reserves the right to suspend or even cease the provision of the Service, including without prior notice.

7.4. The Customer undertakes to consult its/his/her Admin Area regularly and to read all information
communicated by Alwaysdata. The Customer also undertakes to actively co-operate with Alwaysdata forthe activation and/or smooth running of the Service.
The Customer undertakes to take out insurance covering all risks associated with the operation of
its/his/her Website and the use of the Service, in particular any indirect losses that may be caused. The
Customer also undertakes to inform Alwaysdata, as swiftly as possible, of anyclaim, complaint or legal
action directly or indirectly connected to the provision of the Service and/or the website, by letter sent byregistered post with acknowledgement of receipt.

7.5.

The Customer shall provide and/or confirm its/his/her contact details (surname, first name, postal
address, email address etc.) for each order. The Customer is under an obligation to always provide
personal data that is accurate, true and genuine in all respects.

7.6.

If the Customer provides information that is clearly false, inaccurate or bogus, Alwaysdata will suspend or
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

7even terminate, without prior notice, the Services ordered by the Customer causing a permanent deletionof the Data and the closure of the relevant Customer account, and in such a case, the Customer may
not claim any credit note, refund or compensation for the loss sustained by the Customer or any third
party.

7.7. The Customer is also informed that within the framework of the performance of the one or more
Services, Alwaysdata may ask the Customer to provide it with a copy of a form of identification matching
the information stated in the Customer’s profile, especially if the User Credentials are lost.
If the Customer fails to produce such a document within the prescribed time, Alwaysdata will suspend oreven terminate, without prior notice, the Services ordered by the Customer causing a permanent deletionof the Data and the closure of the relevant Customer account, and in such a case, the Customer may
not claim any credit note, refund or compensation for the loss sustained by the Customer or any third
party.

7.8. Alwaysdata may conduct targeted surveillance operations, from time to time, in relation to the useof the Services and, where applicable, prevent access to the Services, for control and security purposes andin order, primarily, to avoid any weakening of the security of the Infrastructure, the System Resources or
the Servers.
8. Communications between the Parties - Correspondence - Enforceability of Electronic Documents
Unless otherwise specifically provided in these Standard Terms or the Special Terms or otherwise
instructed by Alwaysdata, correspondence may only be sent between the Parties electronically, throughthe Admin Area following the procedures supplied by Alwaysdata.
The Parties expressly agree that the information and data taken from the IT system of Alwaysdata and/or
its subcontractors and/or its partners are to be treated as written proof within the meaning of Article 1366
of the French Civil Code (Code Civil) and that the connection between this data and the relevant Party will
be presumed until proven otherwise.
Accordingly, they are admissible as evidence between the Parties and are binding on them in the samemanner, on the same terms and with the same probative value as any written document signed in paper
form by the Parties.
The same will apply, in particular, to data and emails exchanged between the Parties using their email
addresses and to the usernames and passwords used by the Customer to access the Admin Area, manage it
and validate Purchase Orders, etc.
The Customer expressly acknowledges and accepts that its/his/her consent, in particular, to the collection,
processing, retention and archiving of its/his/her personal data, as provided for in Clause16 hereof, may be proven by producing information and data taken from the IT system of Alwaysdata
and/or its subcontractors and/or its partners.
Lastly, mails exchanged between the Parties will be deemed to have been validly received upon theirdispatch, unless proven otherwise. Likewise, the usernames and passwords will be deemed to have beenused by the Customer.

9. Intellectual Property Rights
9.1.

Any Software that may be made available to the Customer as part of the Service will remain the full

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

8and exclusive property of Alwaysdata and/or the respective publishers, in particular as regards theassociated intellectual property rights. Accordingly, the licences granted as part of the Service may not betreated, in any circumstances whatsoever, as an assignment of the intellectual property rights in the
Software made available to the Customer.

9.2. Alwaysdata hereby grants the Customer, for the duration of the Service, a non-exclusive licence to
use the Software made available as part of the Services signed up for by the Customer. The Customer may
only use the Software for the use of the relevant Service. Unless otherwise provided, Alwaysdata and/or
the publisher concerned are deemed to retain the right to modify and correct the Software.
9.3. If the Service involves the use of external software, the terms of the licences granted by therelevant publishers will apply in addition to the terms hereof. In this respect, Alwaysdata may not grant theCustomer more extensive rights than under the publisher’s licence, in any circumstances whatsoever.
9.4. The Software provided as part of the Service will be delivered “as is” and without any warranty of
any kind from Alwaysdata, in particular as regards the suitability of the features of the said Software for
the Customer’s needs and requirements, non-interruption or its error-free nature, correction of defects,
bugs etc. The Parties expressly agree that the warranty set out in Article 1641 of the French Civil Code does
not apply for the Software.
9.5. Given the technical and economic developments specific to software publishing businesses, theCustomer unconditionally acknowledges and accepts that Alwaysdata is not responsible for end-of-life,
support or the Software upgrade policy of the relevant publisher, that Alwaysdata reserves the right toreplace a piece of Software with equivalent Software (as regards the available features) for the purpose of
the Service and that Alwaysdata reserves the right to update Software, in order to install a new version.
None of the foregoing may be treated as a ground for the termination of the Contract and/or the relevant
special terms or give rise to any refund, credit note or compensation for the Customer.
9.6. If the Software is discontinued by the relevant publisher, for any reason whatsoever (cessation of
trading, instigation of collective insolvency proceedings, technical incident etc.) and may not be replaced,
Alwaysdata shall inform the Customer as swiftly as possible.
The Customer undertakes not to use the Software for any purpose other than the Service, as
described in the Purchase Order, on the Alwaysdata website and the corresponding Special Terms. Unlessotherwise specifically provided in the corresponding special terms, the Customer undertakes not to copy,
reproduce, display, adapt, modify or decompile, in any manner whatsoever, the Software and/or thecorresponding documentation, if any.

9.7.

The Customer’s Data hosted on the Server will remain the exclusive property of the Customer andAlwaysdata may not issue any type of challenge to this property right.

9.8.

Alwaysdata warrants to the Customer that it will not access the Customer’s Data without theCustomer’s prior express permission and accordingly, agrees not to in any way exploit and/or use it otherthan as justified by the performance hereof.

9.9.

10. Alwaysdata’s Liability
10.1.

Provision of the Service

10.1.1. Alwaysdata cannot warrant to the Customer the continuous and permanent availability of the
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
A French société à responsabilité limitée (private limited company) with a share capital of €200,000, Paris Trade and Companies Register No.
492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

9Service. However, Alwaysdata shall use its best efforts to provide the Service, subject to periods ofmaintenance.

10.1.2. Alwaysdata reserves the right to interrupt the Service for maintenance and/or improvement workon the Service. The Customer will be given prior notice of these Service interruptions, whenever possible
for Alwaysdata, and they must be conducted, to the extent possible, at the times causing the least
disruption to the Customer’s use of the Services. However, in urgent situations, Alwaysdata reserves theright to partially or completely suspend the Service, for a reasonable time, in order to conduct any
technical operation required. The Customer will not be entitled to claim anycompensation for these Service
interruptions.

10.1.3. If the Service is unavailable due to technical problems to be resolved by Alwaysdata, Alwaysdata
shall use its best efforts to resolve the problem or problems as swiftly as possible after their detection
using the supervision and monitoring tools implemented by Alwaysdata or after written notice given to
Alwaysdata by the Customer, through the Admin Area only, provided in the latter case that:
The Customer describes the problems encountered as accurately as possible;
The said problems are reproducible;
The Customer collaborates fully with Alwaysdata;
The said problems were not caused by the Customer’s misuse of the Service and/or the Data
and/or the website.

(i)
(ii)
(iii)
(iv)

10.1.4. Alwaysdata disclaims all liability for any Service interruption and/or problems caused by:
The Customer breaching or failing to fulfil any one of its/his/her obligations under the Standard
Terms or the Special Terms or the instructions given by Alwaysdata;(ii)
The defective functioning or inappropriate use of the means of access to the Service used by the
Customer and/or an inappropriate use of the Service by the Customer;(iii)
A case of force majeure, defined as an event (a) beyond the control of the Party that suffers it, (b)which could not be reasonably foreseen when entering into the Contract and (c) the effects of whichcannot be avoided by appropriate measures within the meaning of article 1218 of the (new) French
Civil Code;(iv)
Malfunction of the terminals or other communication systems used by the Customer;(v)
The Customer’s own acts or omissions.

(i)

Alwaysdata shall use its best efforts to ensure the continuity of the Services. However,given the complexity of hosting services and the specific circumstances in which hosting service providers
work, Alwaysdata is only subject to a best efforts obligation under these Standard Terms and the Special
Terms.

10.1.5.

Accordingly, Alwaysdata may not be held liable for any lateness or problems affecting the delivery of emails
or computer data, lost data, problems with access or refused access, slow connections or any othertechnical problems caused by circumstances and/or technical intermediaries external to Alwaysdata, andthe effects of which cannot be avoided by appropriate measures within the meaning of article 1218 of the(new) French Civil Code.
Moreover, the Customer undertakes to carry out any operation requested by Alwaysdata as swiftly as
required, including the reinstallation and/or reconfiguration of its/his/her service.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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The Customer will be given prior notice thereof, in its/his/her Admin Area. The Customer will also be
provided with general information on the Alwaysdata website and/or in its/his/her Admin Area. The
Parties agree that Alwaysdata will not be responsible for carrying out any of these (re)configuration
operations for the Customer and will not bear any of the costs associated with these operations.

10.1.6. If contractual breaches were to be attributed to Alwaysdata, the Customer the Customer could
only claim direct, personal and certain damages suffered by the Customer, with the express exclusion ofcompensation for all indirect and / or immaterial damages such as, as an indication only and as a nonexhaustive list, commercial damage, loss of business and / or turnover, loss of customers, loss of profits,
loss of computer data, moral damage, image damage, etc.

IT IS AN ESSENTIAL AND DETERMINATIVE CONDITION OF THESE STANDARD TERMS THATIF ALWAYSDATA IS HELD LIABLE UNDER THESE STANDARD TERMS AND/OR UNDER ANY SPECIALTERMS AND CONDITIONS REFERRING TO THE SAID STANDARD TERMS, THE COMPENSATION THAT
ALWAYSDATA COULD BE LIABLE TO PAY CANNOT EXCEED, IN ANY CIRCUMSTANCES WHATSOEVER
AND FOR ALL CAUSES OF ACTION, AN AGGREGATE CAP EQUAL TO THE AMOUNT PAID BY THE
CUSTOMER TO ALWAYSDATA FOR THE MONTH IN WHICH THE EVENT OCCURRED THAT TRIGGEREDITS LIABILITY AND ONLY FOR THE SERVICE AFFECTED BY THE CONSIDERED BREACH OF CONTRACT BY
ALWAYSDATA. ALL OTHER TYPES OF COMPENSATION AND/OR DAMAGES AND/OR PAYMENTS OF
ANY KIND ARE THEREFORE EXPRESSLY EXCLUDED BY THE PARTIES AND THE CUSTOMER EXPRESSLYAND IRREVOCABLY AGREES TO THE FOREGOING BY ITS/HIS/HER ELECTRONIC ACCEPTANCE OF
THESE STANDARD TERMS AND THE SPECIAL TERMS ASSOCIATED WITH THE ONE OR MORESERVICES SELECTED BY THE CUSTOMER.

10.1.7.

10.1.8. The Parties agree that the provisions of this clause are binding on Alwaysdata and on any
company that assumes control of Alwaysdata within the meaning of the provisions of Article L. 233-3 etseq. of the French Commercial Code and all companies to which it may transfer all or any part of the rights
and/or obligations arising under the Contract.
10.2.

Liability as a Technical Intermediary

The Customer acknowledges that it/he/she is solely and exclusively liable for the activities directly or
indirectly carried out through the Service or that may be connected thereto.
Alwaysdata disclaims all liability for any dispute, complaint, claim, challenge, award or proceedings etc., ofany kind whatsoever, directly or indirectly connected to the use of the Services for unlawful purposes or inbreach of any one of the Customer’s obligations under these Standard Terms and the Special Terms.
Accordingly, the Customer represents that it/he/she fully accepts all legal obligations arising from theownership of its/his/her services and no claim may ever be threatened or issued against Alwaysdata in thisrespect, for any reason whatsoever, including in the event of a breach of the laws or regulations applicableto the Customer’s services.
If the Customer fails to fulfil the obligations set out in these Standard Terms or the Special Terms, and inparticular if the Customer runs any business that could incur civil and/or criminal liability, Alwaysdata will
be entitled to disconnect and/or interrupt the Customer’s services, with immediate effect and without any
prior formal notice, and to immediately terminate the Contract, as of right, without prejudice to any
damages that Alwaysdata may otherwise be entitled to claim.
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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The Customer undertakes to directly pay the person issuing the claim any sums that person claims from
Alwaysdata. The Customer also undertakes to join, at Alwaysdata’s request, any proceedings issued against
Alwaysdata and to hold Alwaysdata harmless from and against any awards that may be made against it in
the proceedings. Accordingly, the Customer undertakes to be personally responsible for any claims and/or
proceedings, regardless of their form, purpose or nature, that maybe issued against Alwaysdata, connectedto the Customer’s obligations under this Contract.
The Customer unconditionally agrees that in the event that Alwaysdata’s liability is directly or indirectly
incurred in its capacity as a technical intermediary by any person or entity whatsoever, Alwaysdata
reserves the right to take any administrative and/or technical steps to allow it to protect its interests
and/or fulfil its obligations.

10.3.

Exclusion of Liability

Alwaysdata cannot guarantee the availability of the Customer’s Website and/or access to theCustomer’s Data from the Server in the following situations:➢ in the event of a defective development of the Customer’s Website (miscoded website, presenceof critical or non-critical errors, etc.);➢ in the event that the Customer exceeds the maximum storage space made available to theCustomer on the Server (as stated in the Purchase Order).
Alwaysdata may not be held liable for any minor problem affecting the use of the Software made available
to the Customer, as a result of which:➢ the Customer’s Data hosted on the Server is not backed up for more than 72 hours, if this failure
does not cause or has not caused the Customer to sustain any direct loss;➢ non-critical errors occur in the Admin Area, if the hosting of the Customer’s Data on the Server
and the remote access to this Data has remained or remain possible despite these errors.
Furthermore, ALWAYSDATA may not be held liable if the integrity of the backup cannot be ensured forreasons attributable to the Customer.

11. Technical Provisions
The Customer is informed that Alwaysdata will not provide it/him/her with any devices and/or equipment.
The Customer acknowledges and accepts that it/he/she will not be granted any access to any physicalserver, computer or Infrastructure etc. at the Alwaysdata’s data centre or those hosted at Alwaysdata’s
subcontractors or partner companies and that the latter remain the full and exclusive property of
Alwaysdata or the said subcontractors or partner companies.
The Customer acknowledges and accepts that it/he/she may not have recourse to (and/or use) DNS servers
and, more generally, configurations and/or IT systems other than those supplied by Alwaysdata without
incurring its/his/her liability. In such a case, Alwaysdata may not have the technical resources to effectively
repair any failure reported on the relevant server.
In such circumstances, Alwaysdata disclaims all liability for any downtime of the Customer’s Website
and/or if the Customer is unable to access its/his/her Data.
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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1212. Suspension - Termination - Expiry
12.1. Unless otherwise provided in these Standard Terms or the relevant Special Terms, if the Customer
fails to fulfil any one of its/his/her obligations, Alwaysdata reserves the right to suspend the Service, bygiving a period of prior notice that is reasonable in the relevant circumstances, until the Customer has
fulfilled its/his/her obligations in full.
12.2. If the Customer fails to pay for an ordered Service, including cases in which an online payment iscancelled or refused, Alwaysdata shall inform the Customer of the incident within 30 days following thedate on which the non-payment was discovered, inviting the Customer to make the payment as swiftly as
possible. Alwaysdata reserves the right to suspend the Service for an additional period of 30 days until
the price has been paid in full. If the Customer fails to pay by the end of this additional period, Alwaydata
reserves the right to terminate this Contract, as of right, with the consequences set out in Clause 13(Backup and Deletion of the Customer’s Data -Warning).
12.3. The Service will be automatically suspended, at Alwaysdata’s discretion, if the Customer
deliberately declares inaccurate information or information from doubtful sources, if the Customer
deliberately fails to update the information supplied to Alwaysdata, in particular the User Credentials or if
the Customer fails to reply to Alwaysdata’s requests, in particular in relation to the accuracy of theinformation supplied by the Customer.
12.4. Unless otherwise specifically provided, if a Party fails to fulfil its/his/her obligations, the other Party
may terminate this Contract by letter sent by registered post with acknowledgement of receipt, fifteen (15)days after formal notice with which the defaulting Party fails to comply. In such a case, the Contract will beterminated, without prejudice to any damages that may be claimed from the defaulting Party and theCustomer may not claim any refund or compensation for the loss sustained by the Customer or any third
party.
If the Customer uses the Service in breach of the terms of Clauses 7.1 (Compliance of the
Customer’s Website), 7.2 (Editorial Control), 7.3 (Integrity of the Information System) or 9 (Intellectual
Property Rights) hereof, the Customer will be deemed to be in serious breach of its/his/her contractual
obligations, authorising Alwaysdata, at its own discretion, to:12.5.

Suspend the Service and/or access to the Admin Area at any time - merely after sendingnoticeby Email - until the Customer complies with its/his/her obligations, and/or,ii)
Give the Customer formal notice to comply with its/his/her obligations, and/or,iii)
Terminate this Contract, as of right, without prejudice to any damages for direct and/or
indirect losses that Alwaysdata may claim.

i)

Alwaysdata also reserves the right to sue the Customer for compensation for the loss caused to Alwaysdata
by the Customer.
The Customer will not be entitled to any compensation for any suspension, termination or deactivation of
the Service on the ground of the Customer’s breach, in particular in the circumstances set out in thisclause, and will not be entitled to any refund.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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492 893 490 - French Activity Code (Code APE): 6311Z - VAT No: FR 66493893490

1313. Backup and Deletion of the Customer’s Data - Warning
13.1. Backup of the Customer’s Data
Alwaysdata recommends that the Customer back up the Data hosted on Alwaysdata’s Servers as often as
possible.
To this end, the Customer may subscribe to the remote backup offer to third-party servers offered by
Alwaysdata, in particular under the financial conditions in force on the Alwaysdata website on the date of
the subscription.
Once the Data has been transferred to the remote backup server, the conditions and procedures forstoring this Data will be exclusively governed by the agreement concluded between the Customer andthe manager of said remote server, without the liability of Alwaysdata being able to be sought in
no way on this count.

13.2. Deletion of the Customer’s DataWARNING: IF THIS CONTRACT IS TERMINATED FOR ANY REASON WHATSOEVER OR
EXPIRES, THE
CUSTOMER’S DATA WILL BE PERMANENTLY DELETED FROM ALWAYSDATA’S SERVERS. THE
CUSTOMER
WILL BE INFORMED BY EMAIL, AT FREQUENT INTERVALS, OF THE DATE OF THE PERMANENT
DELETION OF THE DATA FROM THE SERVER.
THE CUSTOMER SHALL BE RESPONSIBLE, WITHIN THE PRESCRIBED TIME - NO LESS THAN 24 HOURS
BEFORE THE DEADLINE - FOR RETRIEVING ALL OF ITS/HIS/HER WEBSITE AND DATA DIRECTLY.
FAILING THIS, ALWAYSDATA WILL PERMANENTLY DELETE THESE ITEMS WITHOUT INCURRING ITS
LIABILITY, IN ANY MANNER WHATSOEVER.

14. Cancellation Right - Waiver - Absence
Pursuant to Article L. 221-18 of the French Consumer Code, Consumer Customers are informed that they
have a period of 14 (fourteen) days, commencing on the date on which they register on the Alwaysdata
website, in which to exercise their cancellation right, without having to give any reasons and without any
charge.
To this end, Consumer Customers must inform Alwaysdata of their decision to cancel by filling in thecancellation form and then sending it to Alwaysdata before the end of the period of fourteen (14) days,
or by sending it any other clear declaration expressing the Customer’s decision to cancel within the same
period.
The cancellation form or the clear declaration of cancellation must be sent to the following address:
ALWAYSDATA
Service des Relations Clients
91 rue du Faubourg Saint-Honoré – 75008 ParisEmail:contact@alwaysdata.com
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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Where necessary, Consumer Customers shall return or send back any materials that may have been
received following registration, to the postal address set out above, without undue delay and no later thanfourteen (14) days after the communication of the Customer’s decision to exercise the right to cancel.
Alwaysdata shall refund to the Consumer Customer the fees paid for his/her registration within thestatutory maximum period of fourteen (14) days, commencing on the date of receipt of the decision tocancel notified by the Consumer Customer.
Pursuant to Article L. 221-28 of the French Consumer Code and to the extent that the contractual
relationship falls within the scope of the provision of an electronic Service, Consumer Customers will haveno right to cancel if they start using the Service before the end of the period of fourteen(14) days following registration.

Accordingly, the Consumer Customer expressly waives his/her right to cancel in such a case, by theelectronic acceptance of these Standard Terms and the Special Terms associated with the Services selectedby the Consumer Customer.

15. Force majeure
Any event beyond a Party’s control, that the said Party could not reasonably be expected to have madeprovision for, will constitute a force majeure event and will accordingly suspend the Parties’ obligations.
The Parties contractually agree between them that any damage originating from or caused by the following
will be treated as a force majeure event, without limitation: a strike (telecommunications operators,
registries, NIC and other authorities etc.), power cuts (for example, electricity cuts), a failure in thetelecommunications network used by Alwaysdata and/or any networks replacing it, a civil or internationalwar, riots or civil uprisings, attacks, volcanic eruptions, tsunami, storm, earthquake, loss of Internet
connection, etc.
However, if the suspension lasts for more than one (1) month, each Party reserves the right to terminate
these Standard Terms, as of right, without any entitlement to compensation and without any prior notice,after sending notice of termination by registered post with acknowledgement of receipt.

16. GDPR - Personal Data Protection
16.1. Consent to the Collection and Processing of Personal Data
By signing these Standard Terms, the Customer agrees to the collection and processing of the Customer’s
personal data for the purposes of the Service signed up for under this Contract.
The Customer authorises Alwaysdata to process that data in accordance with applicable statutory,
regulatory and EU provisions, in particular the GDPR and the non-conflicting provisions of the French Data
Protection Act.
For more information, please see our Privacy Policy.

Pursuant to Articles 4, 6 and 7 of the GDPR, the Special Conditions applicable to the Customer
Area are set out in Annex I of these Term of uses.

16.2. Liability of the Controller
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In accordance with article 24 of the GDPR, each Party is treated as the Data Controller whenever it
determines the purposes and means of the processing.
Accordingly, taking into account the nature, scope, context and purposes of the processing as well as therisks of varying likelihood and severity for the rights and freedoms of natural persons, each Party shall
implement appropriate technical and organisational measures within the meaning of Article 24 of the
GDPR, to ensure and to be able to demonstrate that its processing is performed in accordance with the
GDPR. Those measures shall be reviewed and updated where necessary.
Where proportionate in relation to processing activities, the measures referred to in the previous
paragraph shall include the implementation of appropriate data protection policies by the Data Controller.
Adherence to approved codes of conduct as referred to in Article 40 of the GDPR or approved certification
mechanisms as referred to in Article 42 of the GDPR may be used as an element by which to demonstratecompliance with the obligations of the Data Controller.

16.3. Data Security
Each Party shall take all steps required under Article 32 of the GDPR (“Security of Processing”) to protect
the security and confidentiality of the Personal Data it processes and, in particular, shall implement
technical and organisational measures to ensure a level of security appropriate to the risk, taking into
account the state of the art, the costs of implementation and the nature, scope, context and purposes ofthe processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural
persons.
Those technical and organisational measures may include inter alia as appropriate:a. The pseudonymisation and encryption of personal data;
b. The ability to ensure the ongoing confidentiality, integrity, availability and resilience ofprocessing systems and services;c. The ability to restore the availability and access to personal data in a timely manner in theeventof a physical or technical incident;

d. A process for regularly testing, assessing and evaluating the effectiveness of technical andorganisational measures for ensuring the security of the processing.

Adherence to an approved code of conduct as referred to in Article 40 of the GDPR or an
approved certification mechanism as referred to in Article 42 of the GDPR may be used as an element bywhich to demonstrate compliance with the requirements set out in this Clause 16.3.

16.4. Non-Transfer of Data Principle
Without prejudice to the provisions of Clause 16.5 hereof, Alwaysdata will not disclose or communicate
any personal data to third parties without the Customer’s explicit consent. However, Alwaysdata may bereleased from this requirement if it is required to make such a disclosure or communication by law or if it isconvinced, in utmost good faith, that such an action is required.

16.5. Limited transfer, for the requirements of the Service
The Customer agrees that Alwaysdata may transfer its/his/her personal data, for the purposes of the
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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16performance of the Service, to Alwaysdata’s partners located within the European Union and to the callcentre used by Alwaysdata to receive telephone calls from Customers, also located within the European
Union.

16.6. Rights of the data subjects
Pursuant to Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016
(hereinafter the “GDPR”) and the provisions (other than those conflicting with the said Regulation) of
French Data Protection Act No. 78-17 of 6 January 1978 as subsequently amended (hereinafter the “French
Data Protection Act”), the Customer has the right to object to the collection and processing of the
Customer’s personal data, a right to request access to that data, the right to request the rectification or
erasure of it (right to be forgotten), the right not to be subject to a decision based solely on automatedprocessing, including profiling, the right to request a restriction of processing for the processing of the
Customer’s personal data, the right to obtain information on the persons to whom the data controller has
transferred the Customer’s personal data, and the right to data portability, as those rights are described in
Articles 15 to 22 of the GDPR. The Customer may exercise those rights by sending a request to
dpo@alwaysdata.com with the required supporting documents, in particular proof of the Customer’s
identity and the subject of his request.

17. Subcontracting clauses
17.1. Subcontracting between the Customer and third parties
If the Customer allows third parties to benefit from all or part of the Services, the provisions of theseStandard Terms and the Special Terms applicable to the relevant Service will be fully binding on andenforceable against those third parties, but they will not be entitled to rely on them against Alwaysdata.

17.2. Subcontracting between the Customer (in its/his/her capacity as the data Controller) and Alwaysdata(in its capacity as the data Processor)
Pursuant to Clause 17.2, the Customer is the data controller as defined in the GDPR and Regulation (EU)2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices andagencies and on the free movement of such data (hereafter “Regulation 2018/1725”) and Alwaysdata is
the data processor as defined by the said regulations, for all personal data processed by Alwaysdata on
behalf of the Customer under the terms of this Contract and the applicable Special Conditions.
However, the GDPR and Regulation 2018/1725 require that processing by a processor shall be governed bya contract or other legal act containing the provisions provided for in their Articles 28 and 29 (art. 28-3° of
the GDPR and art. 29-3° of Regulation 2018/1725).
In accordance with Commission implementation Decision (EU) 2021/915 of 04 June 2021 relating tostandard contractual clauses between controllers and processors, taken pursuant to the aforementioned
Articles 28 and 29, Alwaysdata has formalized in the clauses 17.2.1 to 17.2.10 hereafter the requirements
applicable to the contractual relations between Alwaysdata and each of its Customers and processors.
These clauses complement the other contractual documents entered into between Alwaysdata and its
customers and/or processors, as well as the document formalizing Alwaysdata’s personal data protection
policy.
17.2.1. Purpose and scope
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(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4)of the GDPR and/or Article 29(3) and (4) of Regulation 2018/1725.

(b) The controllers and processors listed in Annex II have agreed to these Clauses in order to ensure compliance with
Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.

(c) These Clauses apply to the processing of personal data as specified in Annex III.
(d) Annexes II to V are an integral part of the Clauses.
(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU)2016/679 and/or Regulation (EU) 2018/1725.

(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers inaccordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
17.2.2. Invariability of the Clauses(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating
information in them.

(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses
in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly
or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
17.2.3. Interpretation(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725
respectively, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 orRegulation (EU) 2018/1725 respectively.

(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in
Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or
freedoms of the data subjects.
17.2.4. Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between theParties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shallprevail.
17.2.5. Docking clause(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at
any time as a controller or a processor by completing the Annexes and signing Annex II.

(b) Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses
and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex II.
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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(c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to
becoming a Party.
17.2.6. Description of processing(s)The details of the processing operations, in particular the categories of personal data and the purposes of processing
for which the personal data is processed on behalf of the controller, are specified in Annex III.
17.2.7. Obligations of the Parties
17.2.7.1 Instructions(a) The processor shall process personal data only on documented instructions from the controller, unless required
to do so by Union or Member State law to which the processor is subject. In this case, the processor shallinform the controller of that legal requirement before processing, unless the law prohibits this on important
grounds of public interest. Subsequent instructions may also be given by the controller throughout the
duration of the processing of personal data. These instructions shall always be documented.

(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by thecontroller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member Statedata protection provisions.
17.2.7.2 Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out inAnnex III, unless it receives further instructions from the controller.
17.2.7.3 Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Annex III.
17.2.7.4 Security of processing(a) The processor shall at least implement the technical and organisational measures specified in Annex IV to ensure
the security of the personal data. This includes protecting the data against a breach of security leading toaccidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data
breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, thecosts of implementation, the nature, scope, context and purposes of processing and the risks involved for thedata subjects.

(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to theextent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensurethat persons authorised to process the personal data received have committed themselves to confidentiality or are
under an appropriate statutory obligation of confidentiality.
17.2.7.5 Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious orphilosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely
identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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19relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions
and/or additional safeguards.
17.2.7.6 Documentation and compliance(a) The Parties shall be able to demonstrate compliance with these Clauses.
(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data inaccordance with these Clauses.

(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the
obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU)2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing
activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding
on a review or an audit, the controller may take into account relevant certifications held by the processor.

(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include
inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out withreasonable notice.

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to thecompetent supervisory authority/ies on request.
17.2.7.7 Use of sub-processors(a) OPTION 2: GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for
the engagement of sub-processors from an agreed list (Annex V). The processor shall specifically inform in writing
the controller of any intended changes of that list through the addition or replacement of sub-processors atleast one (1) month in advance, thereby giving the controller sufficient time to be able to object to suchchanges prior to the engagement of the concerned sub-processor(s). The processor shall provide thecontroller with the information necessary to enable the controller to exercise the right to object.

(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of thecontroller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the samedata protection obligations as the ones imposed on the data processor in accordance with these Clauses. The
processor shall ensure that the sub-processor complies with the obligations to which the processor is subject
pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any
subsequent amendments to the controller. To the extent necessary to protect business secret or otherconfidential information, including personal data, the processor may redact the text of the agreement prior tosharing the copy.

(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligationsin accordance with its contract with the processor. The processor shall notify the controller of any failure by
the sub- processor to fulfil its contractual obligations.

(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event theprocessor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall havethe right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the
personal data.
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2017.2.7.8 International transfers(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on thebasis of documented instructions from the controller or in order to fulfil a specific requirement under Union orMember State law to which the processor is subject and shall take place in compliance with Chapter V ofRegulation (EU) 2016/679 or Regulation (EU) 2018/1725.

(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carryingout specific processing activities (on behalf of the controller) and those processing activities involve a transfer of
personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor
can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses
adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided theconditions for the use of those standard contractual clauses are met.
17.2.8. Assistance to the controller(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shallnot respond to the request itself, unless authorised to do so by the controller.

(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests toexercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordancewith (a) and (b), the processor shall comply with the controller’s instructions(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shallfurthermore assist the controller in ensuring compliance with the following obligations, taking into accountthe nature of the data processing and the information available to the processor:(1) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protectionof personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a highrisk to the rights and freedoms of natural persons;(2) the obligation to consult the competent supervisory authority/ies prior to processing where a dataprotection impact assessment indicates that the processing would result in a high risk in the absence ofmeasures taken by the controller to mitigate the risk;(3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without
delay if the processor becomes aware that the personal data it is processing is inaccurate or has become
outdated;(4) the obligations in Article 32 of Regulation (EU) 2016/679 and/or Articles 33 and 36 to 38 of Regulation(EU) 2018/1725.

(d) The Parties shall set out in Annex IV the appropriate technical and organisational measures by which theprocessor is required to assist the controller in the application of this Clause as well as the scope and theextent of the assistance required.
17.2.9. Notification of personal data breach
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In the event of a personal data breach, the processor shall cooperate with and assist the controller for thecontroller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under
Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing
and the information available to the processor.
17.2.9.1 Data breach concerning data processed by the controller
In the event of a personal data breach concerning data processed by the controller, the processor shall assist thecontroller:(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after
the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk
to the rights and freedoms of natural persons);(b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679 and/or
Article 34(3) of Regulation (EU) 2018/1725, shall be stated in the controller’s notification, and must at least
include:(1) the nature of the personal data including where possible, the categories and approximate number of data
subjects concerned and the categories and approximate number of personal data records concerned;(2) the likely consequences of the personal data breach;(3) the measures taken or proposed to be taken by the controller to address the personal data breach, including,where appropriate, measures to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification
shall contain the information then available and further information shall, as it becomes available, subsequently
be provided without undue delay.

(c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679 and/or Article 35 of Regulation (EU)2018/1725, with the obligation to communicate without undue delay the personal data breach to the data
subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural
persons.
17.2.9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify thecontroller without undue delay after the processor having become aware of the breach. Such notification shallcontain, at least:(a) a description of the nature of the breach (including, where possible, the categories and approximate numberof data subjects and data records concerned);(b) the details of a contact point where more information concerning the personal data breach can be obtained;(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to
mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shallcontain the information then available and further information shall, as it becomes available, subsequently be
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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provided without undue delay.

The Parties shall set out in Annex IV all other elements to be provided by the processor when assisting the controller
in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679
and/or Articles 34 and 35 of Regulation (EU) 2018/1725.
17.2.10.

Non-compliance with the Clauses and termination(a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the eventthat the processor is in breach of its obligations under these Clauses, the controller may instruct the processor tosuspend the processing of personal data until the latter complies with these Clauses or the contract isterminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses,
for whatever reason.

(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data inaccordance with these Clauses if:(1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and
if compliance with these Clauses is not restored within a reasonable time and in any event within one
month following suspension;(2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU)2016/679 and/or Regulation (EU) 2018/1725;(3) the processor fails to comply with a binding decision of a competent court or the competent supervisory
authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or
Regulation (EU) 2018/1725.

(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data underthese Clauses where, after having informed the controller that its instructions infringe applicable legal
requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.
Following termination of the contract, the processor shall, at the choice of the controller, delete all personal
data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal
data to the controller and delete existing copies unless Union or Member State law requires storage of the personal
data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these
Clauses.

18. Amendments to the Standard Terms and/or the Special Terms
The Customer is informed that these Standard Terms and the provisions of the Special Terms may beamended at any time. Alwaysdata shall inform the Customer of any amendment to these Standard Termsor the Special Terms at least one (1) month prior to the effective date of the amendment. Any Customer
refusing these amendments may either terminate the Service within no more than one (1) month of thenotice given or ask Alwaysdata to continue to apply the former standard terms of service until the expiry of
the Customer’s contract. Thereafter, the Customer will be deemed to have accepted the amendments.
Alwaysdata reserves the right to change the characteristics of the Service at any time, without effecting
material changes. In such a case, Alwaysdata shall inform the Customers of these changes fifteen (15) days
prior to the effective date thereof.
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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2319. Entire Agreement
The provisions of these Standard Terms and the Special Terms concerned express the entire agreement
reached between the Customer and Alwaysdata. They prevail over any proposal or exchange of letters
before the conclusion hereof and also over any other provisions set out in the documents exchanged
previously between the Parties in relation to the subject matter of the Standard Terms and the Special
Terms concerned.

20. Severability
If one or more provisions of these Standard Terms are considered to be invalid or held invalid under a law,regulations or following a final judgment issued by an appropriate court, the other provisions of theseStandard Terms will remain in full force and effect.
Where applicable, Alwaysdata undertakes to immediately delete and replace the said clause by a legallyvalid clause.

21. Headings
If interpretation problems are encountered between the headings and chapters of any given clause andany one of the clauses of these Standard Terms, the headings should be disregarded.

22. No Waiver
If a Party fails to enforce a provision of these Standard Terms or the Special Terms on a temporary or
permanent basis, this may not be treated as a waiver of the rights held by the said Party.

23. Business References
The Customer expressly authorises Alwaysdata to refer to the Customer and/or the corresponding website
as a business and/or advertising reference. Alwaysdata may refer to the Services provided to theCustomer in connection with any adv
ertising or events and at specialist professional conferences
and in specialist professional publications, and also in its sales documents and/or its brochure.

24. Language of the Contract
The language of these Standard Terms or the Special Terms is French and the French version will prevailover any other versions translated into another language.

25. Jurisdiction - Governing Law
French law is the only law applicable to these Standard Terms and the additional Special Terms.
In the event of a dispute concerning these Standard Terms or the additional Special Terms, the Parties shallfirst seek an amicable solution before any legal action.
Therefore, the Parties will make all necessary efforts to ensure that this amicable settlement is reachedwithin three (03) months of the notification of the existence of the dispute by the most diligent Party.
IF THE PARTIES DO NOT FIND AN AMICABLE SETTLEMENT WITHIN THIS THREE (03) MONTH PERIOD, THE
MOST DILIGENT PARTY SHALL SUBMIT THE DISPUTE TO THE COMPETENT COURTS OF PARIS,
ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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NOTWITHSTANDING PLURALITY OF DEFENDANTS AND EXPERTISE.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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ANNEX ICUSTOMER’S AREA ON ALWAYSDATA’S WEBSITE

ALWAYSDATA (hereinafter "ALWAYSDATA") has set up a customer area (hereinafter "Customer Area" or"Admin") on its website (hereinafter the "Website") whose access, by login and password (hereinafter the"Identifier Codes"), is reserved for its customers (hereinafter the "Customers") according to the standard
terms of service (hereinafter the "Standard Terms") defined by ALWAYSDATA.
Access to the Customer Area requires the Customer to accept the Standard Terms without reservation
when he first logs in. These Standard Terms then remain available on the Website, butalso on request.
In addition, the management of the Admin account requires the processing of personal data by
ALWAYSDATA. However, according to the European general data protection regulation 2016/679 of 27 April
2016 (known as "GDPR"), the consent by which the data subject accepts that his personal data beprocessed must be freely given, specific, informed and unambiguous.
Therefore, we have defined and formalized in this document the special terms ensuring the validity of theprocessing of personal data implemented in the Customer Area (hereinafter the "Special Terms - Personal
Data of the Customer Area" or the "ST-Personal Data").
The ST-Personal Data supplemente the Standard Terms with which they are one and form an indivisible
whole.

1. PURPOSE OF DATA PROCESSING
a. The purpose of processing is to :
●
●
●
●
●

Allow Customers to access the Services offered by ALWAYSDATA and manage them via theAdmin.
Manage Customers’ requests and interact with ALWAYSDATA.
Facilitate the updating of their data by Customers.
Provide a secure channel of exchanges.
Measure Admin usage and Customers’ satisfaction (statistics).

b. Legal basis
Article 6-1 a/, b/ ou f/ of the GDPR, namely :● The Customer’s consent for the processing of his/her personal data for one or morespecificpurposes, in this case for the management of the Customer Area.
● Processing is necessary for the performance of a contract to which the Customer is party orin orderto take steps at the request of the Customer prior to entering into a contract.
● Processing is necessary for the purposes of the legitimate interests pursued byALWAYSDATA.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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2. DATA PROCESSED
a. Categories of processed data
Identification data: Surname, first name, email address, password, telephone numer (landline/mobile),
physical address with postal code, city and country, origin of the relationship (or how the Customer knew
ALWAYSDATA), account name allowing ALWAYSDATA to determine in particular the address of the
subdomain assigned to the Customer (For example, if the name is superman, the associated subdomain will
be http://superman.alwaysdata.net), internal processing code allowing the identification of the Customer,
copy of an identity document (kept for example for the purpose of proof in the context of the exercise oflegal rights provided for by the GDPR or to meet a legal obligation), promo code.
Economic and financial information: Means of payment used by the Customer (bank details, bank details,cheques, bank cards, etc.), it being specified that online financial transactions are subcontracted to an
online payment service provider.
Connection data: IP address, logs, etc.

b. Data origin
The processed data comes exclusively from the Customers; no data comes from third parties.

c.

Mandatory or optional nature of data collection

The creation of an Admin account is mandatory to allow Customers to access the Services offered by
ALWAYSDATA.

d. Automated decision-making
The processing does not provide for automated decision-making (article 22 of the GDPR).

3. DATA SUBJECTS●●

Customers.
ALWAYSDATA’S EMPLOYEES.

4. RECIPIENTS OF THE DATA
a. Categories of recipients
Recipients of all or part of the data are :● The Customers concerned ;● ALWAYSDATA's internal departments that process data (Sales and Billing Department) ;●ALWAYSDATA’s institutional or business Partners, namely:o Public bodies and administrations legally entitled to receive the data;o Financial institutions involved in the management of ALWAYSDATA and theCustomer's
accounts;

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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o Partners for the needs of the service;o ALWAYSDATA's subcontractors.
b. Transfers of data outside the EU
No data transfer outside the European Union is carried out.

5. DATA RETENTION PERIOD
Identification data :● 5 years after the end of the commercial relationship, unless authorized by the Customer or specificduration imposed by a legal or regulatory provision;● In the event of termination of the contract for any reason whatsoever, the account is deleted withall the data it contains, after a series of express and explicit notifications and with increasingly
close frequencies until the final deletion of the account and the data relating thereto;● Data collected via Cookies are deleted after 13 months.
Economic and financial information● Depending on the Customer’s choice, he/she can freely decide to make punctual payments(andtherefore without keeping his/her bank details) or on the contrary,● To register his/her bank details for subsequent direct debits until their revocation or untilthe
expiry of the means of payment.
Connection data :● Unless specific duration imposed by a legal or regulatory provision, the connection data arekept fora maximum of one year after the last connection (or more precisely "from the day of registration")in accordance with Article R10-13 III of the French "Code des Postes et des Communications
Electroniques" (CPCE) taken pursuant to III of Article L. 34-1 of the same Code.

6. SECURITY
The security measures are summarized in the document called "Technical and organizational
measures" set up by ALWAYSDATA, including in particular:● Traceability measures;● Software protection measures;● Data backup;● Users access control.

7. YOUR RIGHTS OVER YOUR DATA
You can access and obtain a copy of your data, object to the processing of these data, have themrectified
or have them deleted. You also have the right to restrict the processing of your data.

a. Exercising your rights
You can exercise one or more of your rights by sending us (at your choice):

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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-An e-mail to the following address : dpo@alwaysdata.com ;-A postal mail to the following address :ALWAYSDATA
For the attention of the Data Protection Officer(DPO)91 rue du Faubourg Saint-Honoré – 75008
Parisb. Complaint to the CNIL
If you consider, after contacting us, that your rights over your personal data are not respected, you
can send a complaint to the Commission Nationale de l'Informatique et des Libertés (CNIL) via thecontact details you can find on its website by clicking here.

8. COOKIES AND OTHER TRACKING DEVICES
The Customer is informed that when he uses the Customer Area, cookies may be automaticallyinstalled on his computer or terminal equipment. These cookies are used in particular to track andmeasure the Customer's activity in order to improve his/her Admin experience.
In accordance with the GDPR and the amended Data Protection Act (known as Loi informatique etLibertés modifiée), ALWAYSDATA has set up a Cookies’ Policy. The Customer can consult thisCookies’ Policy by clicking here.
However, in accordance with the exemptions provided for in Article 82 of the amended Data
Protection Act (known as Loi informatique et Libertés modifiée), there is no need to set up a
Cookies and other tracking devices management form for access to a closed space such as the
Customer Area.

9. MODIFICATION OF THESE SPECIAL TERMS – PERSONAL DATAIn the event of legislative, regulatory or case-law changes, guidelines endorsed by the European
Data Protection Board (EDPB), CNIL recommendations, customs or others, ALWAYSDATA may revise
or update these ST-Personal Data at any time and without notice, the changes being valid only forthe future.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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ANNEX II

List of parties
Controller(s): [Identity and contact details of the controller(s), and, where applicable, of the controller’sdata protection officer]

1. Name :…………………………………………………………….

Adress :…………………………………………………………….

Contact person’s name,…………………………………………………………….

position and contact details:

Data Protection Officer:…………………………………………………………….

Place and date:………….., ……………………………………………………

Authorized signature……………………………, ……………………… (Name, First name)…………………………………………………….. (Position)

2. Name :…………………………………………………………….
[To be completed, where applicable, as in the previous form, if
one or more new controller join the 1st controller]

Adress :…………………………………………………………….

Contact person’s name,…………………………………………………………….

position and contact details:

Data Protection Officer:…………………………………………………………….

Place and accession date:………….., ……………………………………………………

Authorized signature……………………………, ……………………… (Name, First name)…………………………………………………….. (Position)

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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Processor(s): [Identity and contact details of the processor(s) and, where applicable, of theprocessor’s data protection officer]
1. Name :SARL ALWAYSDATA

Adress :91, rue du Faubourg Saint-Honoré
75008 Paris

Data Protection Officer:

Gustave NOUKAGUÉ
Avocat associé
NOVA-JURIS AVOCATS
84, rue du Faubourg Saint-Honoré
75008 PARIS (FRANCE)
E-mail : dpo@alwaysdata.com

Place and date:

Paris, ……………………………………………………

Authorized signature……………………………, ……………………… (Name, First name)…………………………………………………….. (Position)

2. Name :…………………………………………………………….

Adress :…………………………………………………………….

Contact person’s name,position and contact details:…………………………………………………………….

Data Protection Officer:…………………………………………………………….

Place and accession date:………….., ……………………………………………………

Authorized signature……………………………, ……………………… (Name, First name)…………………………………………………….. (Position)

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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ANNEX III
Description of the processing
Categories of data subjects whose personal data isprocessed−−−

Customer’s employees (controller)
Customer’s customers
Employees of the customer’s subcontractors

Categories of personal data processed−−−

Identification data
Connection data
Economic and financial information

Sensitive data processed (if applicable) and applied
restrictions or safeguards that fully take into
consideration the nature of the data and the risks
involved, such as for instance strict purpose limitation,access restrictions (including access only for staff
having followed specialised training), keeping a recordof access to the data, restrictions for onward transfers
or additional security measures.

Typology of sensitive
data(Variable from one
Client to another,
depending on thenature of the data hecollects under hissole responsibility)

Nature of the processing

−
−
−
−
−
−

Applied restrictions and/or
safeguards(Variable from one Client toanother, depending on thenature of the data hecollects under his sole
responsibility)

Storage/Hosting for the needs of the service
ordered by the Customer;
Display/disclosurebytransmission,
dissemination or otherwise making available
Copy/replicate/duplicate;Transmission/transfer;
Archiving;
Delete/Erasure/destruction.

Purpose(s) for which the personal data is processed The performance of the service ordered by theon behalf of the controller
Customer
Duration of the processing

Duration required to perform the services orderedby the Customer

For processing by (sub-) processors, also specify
subject matter, nature and duration of theprocessing

−
−
−
−

Sub-processors name: refer to ALWAYSDATA
Sub-processors List
Subject matter: refer to ALWAYSDATA Subprocessors List
Nature of the processing: refer to
ALWAYSDATA Sub-processors List
Duration of the processing: Duration required
to perform the services ordered by the
Customer ; or until the termination of theagreement between ALWAYSDATA and its
subprocessor ; or as requested by the
Customer.

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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ANNEX IV
Technical and organisational measures including technical and organisational measures to ensure
the security of the data
Please refer to the Technical and organzational measures implemented by ALWAYSDATA SARLALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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ANNEX V
List of sub-processors

Please refer to the List of ALWAYSDATA SARL Sub-processors (Whereas # 9 of the Commission implementing Decision
2021/915 of 4 June 2021)

ALWAYSDATA SARL - 91 rue du Faubourg Saint Honoré - 75008 Paris - France
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