Of Katanox B.V., the ultimate parent company of the Katanox Group, a private limited liability company under the laws of the Netherlands, having its official seat in Amsterdam, the Netherlands, and its office address at Kleine Gartmanplantsoen 21-6th floor, 1017 RP Amsterdam, the Netherlands, registered with the Commercial Register of the Chamber of Commerce under number 75629763 which includes:

Katanox Financial Technology BV, a Dutch private limited liability company, wholly owned by Katanox B.V., having its office address at Kleine-Gartmanplantsoen 21-6, 1017 RP Amsterdam, the Netherlands, registered with the Commercial Register of the Chamber of Commerce under number; 85692549 licensed Payment Service Provider for the European Economic Area by the Dutch National Bank under number: 724500GLLXB682M9DD36

Katanox Financial Technology Ltd. a British private limited liability company, wholly owned by Katanox B.V., having its office address at 2 Eastbourne Terrace, London W2 6LG, United Kingdom, registered with the Companies House under number; 14423621

Katanox Financial Technology Inc. a company organised under the laws of Delaware, United States, wholly owned by Katanox, having its office address at 500, 7th Avenue, New York, 10018, registered with FinCEN as a Money Services Business under number: 31000246128534

hereinafter referred to as “Katanox”.

INTRODUCTION:

This Data Processing Agreement ****(“DPA”) is entered into between the Buyer (“Buyer) and Katanox, with each of the Buyer or Katanox referred to as a Party and collectively as the Parties.

This DPA shall form part of and is incorporated into the Buyer Agreement entered into between the parties hereto (“Agreement”) and is effective from the date of last signature of that Agreement (the “Effective Date”).

Buyer enters into this DPA on behalf of itself and, to the extent required under Applicable Law (defined hereinafter), in the name and on behalf of its Affiliates, if and to the extent Katanox Processes Personal Data for such Affiliates. For the purposes of the GDPR, Buyer and its Affiliates qualify as the data controller of the Processing activities under this DPA. For the purposes of the GDPR, Katanox is the data processor of the Processing activities under this DPA.

All capitalized terms not defined herein shall have the meaning set forth in the Agreement. While providing the Services to Buyer pursuant to the Agreement, Katanox may Process Personal Data on behalf of Buyer and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.

HOW THIS DPA APPLIES:

This DPA is an addendum to and forms part of the Agreement entered into between the Buyer and Katanox.

In the event of a conflict between this DPA and any other terms or conditions regarding the Processing of Personal Data contained in the Agreement (including any existing data processing addendum to the Agreement), this DPA shall prevail.

The terms herein apply to the Processing of Personal Data for the purposes set forth in the Agreement and this DPA.

Article 1 Definitions

  1. In this DPA the following terms shall have the meaning as defined below:

Affiliate” means an entity that controls, is directly or indirectly controlled by, or is under common control of the relevant Party;

Applicable Law” means (i) applicable data protection laws or regulations in the jurisdiction in which the Personal Data is hosted; (ii) Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (the “GDPR”);

Buyer Data” ****means the Personal Data provided by Buyer and Processed through Buyer's use of the Services, including Guest Data;

Data Subject” means “data subject” as defined under the GDPR;