Legal

Data Processing Addendum

Last modified: October 15, 2026

For an executable copy of this DPA, please contact us at contact@userback.io.

The customer agreeing to these terms (“Customer”) has accepted Userback’s Terms and Conditions or entered into a SaaS Services Agreement with Userback Pty Ltd. (“Userback”) under which Userback has agreed to provide services to Customer (as amended from time to time, the “Agreement”).

This Data Processing Addendum, including its applicable Appendices (the “Addendum”) will be effective and replace any previously applicable data processing and security terms as of the Addendum Effective Date (as defined below). This Addendum forms part of the Agreement.

1. Definitions

For purposes of this Addendum, the terms below shall have the meanings set forth below. Capitalized terms that are used but not otherwise defined in this Addendum shall have the meanings set forth in the Agreement.

1.1 “Addendum Effective Date” means the date on which the parties agreed to this Addendum.

1.2 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity, where “control” refers to the power to direct or cause the direction of the subject entity, whether through ownership of voting securities, by contract or otherwise.

1.3 “Agreement” means (a) Userback’s Terms and Conditions, as such terms may be updated by Userback from time to time, or (b) where Customer has entered into one, the SaaS Services Agreement between Userback and Customer, in each case governing the provision of the Services to Customer.

1.4 “Audit Reports” has the meaning given in Section 5.4.4 (Audit Reports).

1.5 “CCPA” means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, together with its implementing regulations (Cal. Code Regs. tit. 11, § 7000 et seq.).

1.6 “Customer Personal Data” means any personal data or personal information of data subjects contained within the data provided to or accessed by Userback by or on behalf of Customer or Customer end users in connection with the Services.

1.7 “Global Data Protection Legislation” means the European Data Protection Legislation, CCPA, US State Privacy Laws, Australian Privacy Law, LGPD, and any other data protection or privacy law that applies to the processing of Customer Personal Data under the Agreement.

1.8 “EEA” means the European Economic Area.

1.9 “EU” means the European Union.

1.10 “European Data Protection Legislation” means the GDPR and other data protection laws of the EU, its Member States, Switzerland (including the FADP), Iceland, Liechtenstein and Norway and the United Kingdom (including the UK GDPR and the Data Protection Act 2018, each as amended), applicable to the processing of Customer Personal Data under the Agreement.

1.11 “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data of EU data subjects and on the free movement of such data, and repealing Directive 95/46/EC.

1.12 “Information Security Incident” means a breach of Userback’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data in Userback’s possession, custody or control. “Information Security Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

1.13 “LGPD” means the Brazilian General Data Protection Law.

1.14 “Standard Contractual Clauses” or “SCCs” has the meaning set forth in Appendix 3 (Region-Specific Terms) of this Addendum.

1.15 “Security Documentation” means all documents and information made available by Userback under Section 5.4.1 (Audits).

1.16 “Security Measures” has the meaning given in Section 5.1.1 (Userback’s Security Measures).

1.17 “Services” means the services and/or products to be provided by Userback to Customer under the Agreement.

1.18 “Subprocessors” means third parties authorized under this Addendum to process Customer Personal Data in relation to the Services.

1.19 “Term” means the period from the Addendum Effective Date until the end of Userback’s provision of the Services.

1.20 “Transfer Solution” means the Standard Contractual Clauses or another solution that enables the lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR, Article 45A or 46 of the UK GDPR, or Article 33 of the LGPD.

1.21 The terms “personal data”, “data subject”, “processing”, “controller”, “processor” and “supervisory authority” as used in this Addendum have the meanings given in the GDPR (or, for personal data subject to the UK GDPR, the UK GDPR), the LGPD and the US State Privacy Laws, as applicable, and the terms “data importer” and “data exporter” have the meanings given in the Standard Contractual Clauses. The terms “personal information”, “Business”, “Service Provider”, “sell”, “share”, “consumer” and “business purpose” have the meanings set forth in the CCPA.

1.22 “FADP” means the Swiss Federal Act on Data Protection of 25 September 2020 and its ordinances, each as amended.

1.23 “FDPIC” means the Swiss Federal Data Protection and Information Commissioner.

1.24 “UK GDPR” means the GDPR as it forms part of the law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018, together with the Data Protection Act 2018, each as amended (including by the Data (Use and Access) Act 2025).

1.25 “UK Addendum” has the meaning given in Appendix 3 (Region-Specific Terms).

1.26 “Brazil SCCs” has the meaning given in Appendix 3 (Region-Specific Terms).

1.27 “Anonymised Data” has the meaning given in Section 12 (Anonymised and Aggregated Data).

1.28 “US State Privacy Laws” means the comprehensive consumer privacy laws of US states, other than the CCPA, that apply to the processing of Customer Personal Data (including the Virginia Consumer Data Protection Act, the Colorado Privacy Act and the Connecticut Data Privacy Act), each as amended and together with their implementing regulations.

1.29 “Australian Privacy Law” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles and the notifiable data breaches scheme in Part IIIC, each as amended.

2. Duration of Addendum

This Addendum will take effect on the Addendum Effective Date and, notwithstanding the expiration of the Term, will remain in effect until, and automatically expire upon, Userback’s deletion of all Customer Personal Data as described in this Addendum.

3. Processing of Data

3.1 Roles and Regulatory Compliance; Authorization.

3.1.1 Processor and Controller Responsibilities. This Addendum only applies to the extent that Userback is processing Customer Personal Data on behalf of Customer. Userback is an independent controller of the account, billing and website usage data it holds about Customer’s account holders and other users of its website, as described in its Privacy Policy, and this Addendum does not apply to that data. If the European Data Protection Legislation, LGPD, CCPA or US State Privacy Laws apply to the processing of Customer Personal Data, the parties acknowledge and agree that:

(a) the subject matter and details of the processing are described in Appendix 1;

(b) Userback is a processor of that Customer Personal Data under the European Data Protection Legislation, LGPD or US State Privacy Laws, and/or a Service Provider with respect to that Customer Personal Data under the CCPA, as applicable;

(c) Customer is either a controller or processor of that Customer Personal Data under European Data Protection Legislation, LGPD or US State Privacy Laws, and/or a Business with respect to that Customer Personal Data under the CCPA, as applicable; and

(d) each party will comply with the obligations applicable to it under the applicable Global Data Protection Legislation with respect to the processing of that Customer Personal Data.

3.1.2 Authorization by Third Party Controller. If the European Data Protection Legislation applies to the processing of Customer Personal Data and Customer is a processor, Customer warrants to Userback that Customer’s instructions and actions with respect to that Customer Personal Data, including its appointment of Userback as another processor and its consent to Userback’s onward transfers of Customer Personal Data to its Subprocessors, have been authorized by the relevant controller.

3.1.3 Affiliates. Customer enters into this Addendum on behalf of itself and, to the extent required under the Global Data Protection Legislation, in the name and on behalf of its Affiliates that are permitted to use the Services under the Agreement. For this Addendum, “Customer” includes those Affiliates, and Customer remains responsible for their compliance and for coordinating all communications with Userback on their behalf.

3.2 Scope of Processing

3.2.1 Customer’s Instructions. By entering into this Addendum, Customer instructs Userback to process Customer Personal Data only in accordance with applicable law: (a) to provide the Services; (b) as authorized by the Agreement, including this Addendum and its Appendices, and by Customer’s configuration and use of the Services (for example, enabling AI-assisted features or integrations); and (c) as further documented in any other written instructions given by Customer and acknowledged in writing by Userback as constituting instructions for purposes of this Addendum.

3.2.2 Userback’s Compliance with Instructions. Userback will only process Customer Personal Data in accordance with Customer’s instructions described in Section 3.2.1 (including with regard to data transfers) (“Customer’s Instructions”) unless the applicable Global Data Protection Legislation to which Userback is subject requires other processing of Customer Personal Data by Userback, in which case Userback will notify Customer (unless that law prohibits Userback from doing so on important grounds of public interest).

3.2.3 Userback will promptly inform Customer if, in its opinion, an instruction given under Section 3.2.1 infringes the Global Data Protection Legislation. Customer is responsible for ensuring that its instructions comply with applicable law, and Userback is not required to monitor Customer’s compliance.

3.3 Region-Specific Terms. Appendix 3 sets out terms for cross-border transfers from Europe and Brazil and for the United States and Australia. Where the laws or rules those terms refer to apply to Customer Personal Data, the terms apply.

4. Data Deletion

4.1 Deletion on Termination. Unless otherwise set forth in the Agreement, upon expiration of the Term and subject to Sections 4.2 and 4.3, Customer instructs Userback to delete all Customer Personal Data (including existing copies) from Userback’s systems as required by and in accordance with applicable law, unless applicable law prevents Userback from deleting such data.

4.2 Export, Account Closure and Retention. While its account is open, Customer may export its Customer Personal Data using the export features available to it in the Services under its plan. When Customer closes its account, or the Agreement otherwise terminates or expires, Customer immediately loses access to its Customer Personal Data. Customer instructs Userback to keep that data for thirty (30) days after closure solely so that Customer can reopen its account, and during that period Userback will not use it for any other purpose, except as applicable law requires. If the account has not been reopened by the end of that period, Userback will delete the Customer Personal Data permanently and automatically. Customer may ask Userback in writing to delete it earlier. On request, Userback will confirm in writing that deletion has taken place.

4.3 EU Switching. Despite Section 4.2, where Regulation (EU) 2023/2854 (the Data Act) applies and Customer initiates switching under the Agreement, Userback will keep Customer Personal Data available for retrieval for the period the Agreement provides for switching, and will then delete it permanently and automatically when that period ends, without the thirty (30) day retention period in Section 4.2.

4.4 Back-ups and Legal Retention. Copies on Userback’s back-up systems will be securely isolated from further processing and deleted in accordance with Userback’s back-up retention schedule. To the extent that Customer is bound by laws or regulations that would require Userback to retain Customer Personal Data after expiration of the Term and Customer does not inform Userback of such retention obligations, Customer shall be solely liable for any deletion of such data by Userback in accordance with this Section 4.

5. Data Security

5.1 Userback’s Security Measures, Controls and Assistance.

5.1.1 Userback’s Security Measures. Userback will implement and maintain technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Personal Data as described in Appendix 2 (the “Technical and Organizational Security Measures”). Userback may update or modify the Security Measures from time to time provided that such updates and modifications do not materially decrease the overall security of the Services.

5.1.2 Security Compliance by Userback Staff. Userback will grant access to Customer Personal Data only to employees, contractors, and Subprocessors who need such access for the scope of their performance, and are subject to appropriate confidentiality arrangements.

5.1.3 Userback’s Security Assistance. Userback will (taking into account the nature of the processing of Customer Personal Data and the information available to Userback) provide Customer with reasonable assistance necessary for Customer to comply with its obligations in respect of Customer Personal Data under Global Data Protection Legislation, including Articles 32 to 34 (inclusive) of the GDPR, Articles 6 and 46 of the LGPD and Australian Privacy Principle 11, by:

(a) implementing and maintaining the Security Measures in accordance with Section 5.1.1 (Userback’s Security Measures);

(b) complying with the terms of Section 5.2 (Information Security Incidents); and

(c) providing Customer with the Security Documentation in accordance with Section 5.4.1 (Audits) and the Agreement, including this Addendum.

5.2 Information Security Incidents.

5.2.1 Information Security Incident Notification. If Userback becomes aware of an Information Security Incident, Userback will: (a) notify Customer of the Information Security Incident without undue delay after becoming aware of the Information Security Incident; and (b) take reasonable steps to identify the case of such Information Security Incident, minimize harm and prevent a recurrence.

5.2.2 Details of Information Security Incident. Notifications made pursuant to this Section 5.2 (Information Security Incidents) will describe, to the extent reasonably practicable, details of the Information Security Incident, including (i) the nature of the Information Security Incident including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned; (ii) the name and contact details of the data protection officer or other contact point where more information can be obtained, (iii) the likely consequences of Information Security Incident; (iv) steps taken, or proposed to be taken, to mitigate the potential risks and steps Userback recommends Customer take to address the Information Security Incident including, where appropriate, measures to mitigate its possible adverse effects.

5.2.3 Notification. Subject to Appendix 3, section 4.1.3, Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third-party notification obligations related to any Information Security Incident(s).

5.2.4 No Acknowledgement of Fault by Userback. Userback’s notification of or response to an Information Security Incident under this Section 5.2 (Information Security Incidents) will not be construed as an acknowledgment by Userback of any fault or liability with respect to the Information Security Incident.

5.3 Customer’s Security Responsibilities and Assessment.

5.3.1 Customer’s Security Responsibilities.

Customer agrees that, without prejudice to Userback’s obligations under Section 5.1 (Userback’s Security Measures, Controls and Assistance) and Section 5.2 (Information Security Incidents):

(a) Customer is solely responsible for its use of the Services, including:

(i) making appropriate use of the Services to ensure a level of security appropriate to the risk in respect of the Customer Personal Data;

(ii) securing the account authentication credentials, systems and devices Customer uses to access the Services; and

(iii) securing Customer’s systems and devices Userback uses to provide the Services; and

(iv) backing up its Customer Personal Data.

(b) Userback has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Userback’s and its Subprocessors’ systems (for example, offline or on-premises storage).

5.3.2 Customer’s Security Assessment.

(a) Customer is solely responsible for reviewing the Security Documentation and evaluating for itself whether the Services, the Security Measures and Userback’s commitments under this Section 5 (Data Security) will meet Customer’s needs, including with respect to any security obligations of Customer under the applicable Global Data Protection Legislation.

(b) Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Userback as set out in Section 5.1.1 (Userback’s Security Measures) provide a level of security appropriate to the risk in respect of the Customer Personal Data.

5.4 Reviews and Audits of Compliance.

5.4.1 Audits. Customer may audit Userback’s compliance with its obligations under this Addendum up to once per year. In addition, to the extent required by the applicable Global Data Protection Legislation, including where mandated by Customer’s supervisory authority, Customer or Customer’s supervisory authority may perform more frequent audits (including inspections). Userback will contribute to such audits by providing Customer or Customer’s supervisory authority with the information and assistance reasonably necessary to conduct the audit, including any relevant records of processing activities applicable to the Services.

5.4.2 Objections to Third Party Auditor. If a third party is to conduct the audit, Userback may object to the auditor if the auditor is, in Userback’s reasonable opinion, not suitably qualified or independent, a competitor of Userback, or otherwise manifestly unsuitable. Such objection by Userback will require Customer to appoint another auditor or conduct the audit itself.

5.4.3 Request for Audit. To request an audit, Customer must submit a detailed proposed audit plan to Userback at least two weeks in advance of the proposed audit date. The proposed audit plan must describe the proposed scope, duration, and start date of the audit. Userback will review the proposed audit plan and provide Customer with any concerns or questions (for example, any request for information that could compromise Userback security, privacy, employment or other relevant policies). Userback will work cooperatively with Customer to agree on a final audit plan. Nothing in this Section 5.4 (Reviews and Audits of Compliance) shall require Userback to breach any duties of confidentiality.

5.4.4 Audit Reports. If the requested audit scope is addressed in an SSAE 16/18/ISAE 3402 Type 2, AICPA SOC 2 (SOC for Service Organizations: Trust Services Criteria), ISO, NIST or similar audit report performed by a qualified third-party auditor (“Audit Reports”) within twelve (12) months of Customer’s audit request and Userback confirms there are no known material changes in the controls audited, Customer agrees to accept those findings in lieu of requesting an audit of the controls covered by the report.

5.4.5 Conduct of Audit. The audit must be conducted during regular business hours at the applicable facility, subject to the agreed final audit plan and Userback’s health and safety or other relevant policies, and may not unreasonably interfere with Userback business activities.

5.4.6 Conditions of Audit. Customer will promptly notify Userback of any non-compliance discovered during the course of an audit and provide Userback any audit reports generated in connection with any audit under this Section 5.4 (Reviews and Audits of Compliance), unless prohibited by the applicable Global Data Protection Legislation or otherwise instructed by a supervisory authority. Customer may use the audit reports only for the purposes of meeting Customer’s regulatory audit requirements and/or confirming compliance with the requirements of this Addendum. The audit reports and any Userback information shared during the audit process are Confidential Information of the parties under the terms of the Agreement.

5.4.7 Expenses of Audit. Any audits are at Customer’s expense. Customer shall reimburse Userback for any time expended by Userback or its Subprocessors in connection with any audits or inspections under this Section 5.4 (Reviews and Audits of Compliance) at Userback’s then-current professional services rates, which shall be made available to Customer upon request. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit.

5.4.8 Standard Contractual Clauses. The parties agree that this Section 5.4 (Reviews and Audits of Compliance) shall satisfy Userback’s obligations under the audit requirements of the 2021 Standard Contractual Clauses applied to Data Importer under Clause 8 and Clause 13(a) and to any Subprocessors under Clause 9.

6. Impact Assessments and Consultations

Userback will (taking into account the nature of the processing and the information available to Userback) reasonably assist Customer in complying with its obligations under the applicable Global Data Protection Legislation in respect of data protection impact assessments, risk assessments, cybersecurity audits and prior consultation, including, if applicable, Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:

6.1 Audit Reports and Security Measures. Making available for review copies of the Audit Reports or other documentation describing relevant aspects of Userback’s information security program and the security measures applied in connection therewith; and

6.2 Additional Information. Providing the information contained in the Agreement including this Addendum.

7. Data Subject Rights and Third-Party Requests

7.1 Customer’s Responsibility for Requests. During the Term, if Userback receives any request or complaint from a data subject in relation to Customer Personal Data, Userback will, at its sole discretion, (i) advise the Customer of the request or complaint, (ii) advise the data subject to submit his or her request or complaint to Customer, and/or (iii) notify the data subject that his or her request or complaint has been forwarded to the Customer. Customer will be responsible for responding to any such request or complaint.

7.2 Userback’s Data Subject Request Assistance. Userback will (taking into account the nature of the processing of Customer Personal Data) provide Customer with self-service functionality through the Services or other reasonable assistance as necessary for Customer to fulfill its obligation under the applicable Global Data Protection Legislation to respond to requests by data subjects and to handle complaints from data subjects about the processing of Customer Personal Data, including if applicable, Customer’s obligation to respond to requests for exercising the data subject’s rights set out in Chapter III of the GDPR, Articles 18 and 19 of the LGPD, Australian Privacy Principles 12 and 13, or the CCPA (including Sections 1798.105, 1798.106, 1798.110 and 1798.115). Customer shall reimburse Userback for any such assistance beyond providing self-service features included as part of the Services at Userback’s then-current professional services rates, which shall be made available to Customer upon request.

7.3 Third-Party and Government Requests. Unless the law prohibits it, Userback will promptly notify Customer of any valid legal process or government request for Customer Personal Data, and will disclose only what the law requires. If Userback receives an inquiry from a regulator or other third party about the processing of Customer Personal Data, it will refer the inquiry to Customer and will not provide information unless the law requires it. This section is in addition to the duties in the Standard Contractual Clauses.

8. Data Transfers

8.1 Data Storage and Processing Facilities. Userback may, subject to Section 8.2 (Cross-Border Transfers), store and process Customer Personal Data anywhere Userback or its Subprocessors maintains facilities.

8.2 Cross-Border Transfers.

8.2.1 Userback’s Transfer Obligations. If the storage and/or processing of Customer Personal Data (as set out in Section 8.1 (Data Storage and Processing Facilities) involves transfers of Customer Personal Data out of the EEA, the United Kingdom, Switzerland or Brazil, and the European Data Protection Legislation or the LGPD applies to the transfers of such data (“Transferred Personal Data”), the terms set forth in Appendix 3 (Region-Specific Terms) will apply. Userback will make such transfers in accordance with a Transfer Solution, and make information available to Customer about such Transfer Solution upon request.

8.2.2 Customer’s Transfer Obligations. In respect of Transferred Personal Data, Customer agrees that if under European Data Protection Legislation or the LGPD Userback reasonably requires Customer to use another Transfer Solution offered by Userback (other than the Standard Contractual Clauses, which are attached hereto as Appendix 3 and incorporated by reference to the extent that Customer is transferring Customer Personal Data out of the EEA, the United Kingdom, Switzerland or Brazil to Userback) and Userback reasonably requests that Customer take any action (which may include execution of documents) required to give full effect to such solution, Customer will do so.

9. Subprocessors

9.1 Consent to Subprocessor Engagement. Customer generally authorizes the engagement of any other third parties as Subprocessors and authorizes onward transfer of Customer Personal Data to any Subprocessors engaged by Userback. If Customer has entered into Standard Contractual Clauses as described in Section 8.2 (Cross-Border Transfers), the above authorizations will constitute Customer’s prior written consent to the subcontracting by Userback of the processing of Customer Personal Data if such consent is required under the Standard Contractual Clauses.

9.2 Information about Subprocessors. Information about Subprocessors, including their functions and locations, is available at https://userback.io/userback-subprocessors/ (as may be updated by Userback from time to time in accordance with this Addendum).

9.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, Userback will enter into a written contract with such Subprocessor containing data protection obligations not less protective than those in the Agreement (including this Addendum) with respect to the protection of Customer Personal Data to the extent applicable to the nature of the Services provided by such Subprocessor and, for personal information subject to the CCPA, a contract complying with Cal. Code Regs. tit. 11, § 7051(a). Userback shall be liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.

9.4 Opportunity to Object to Subprocessor Changes.

When any new Subprocessor is engaged during the Term, Userback will, at least thirty (30) days before the new Subprocessor processes any Customer Personal Data, notify Customer of the engagement (including the name and location of the relevant Subprocessor and the activities it will perform). Userback will give that notice by updating the Subprocessor list referred to in Section 9.2 and by emailing Customer’s account owner and any other contact Customer has designated for notices.

Customer may object to any new Subprocessor by providing written notice to Userback within the thirty (30) day period prior to the engagement of the Subprocessor as described above. In the event Customer objects to a new Subprocessor, Customer and Userback will work together in good faith to find a mutually acceptable resolution to address such objection. If the parties are unable to reach a mutually acceptable resolution within a reasonable timeframe, Customer may, as its sole and exclusive remedy, terminate the Agreement by providing written notice to Userback.

10. Processing Records

10.1 Userback’s Processing Records. Customer acknowledges that Userback is required under the GDPR to:

(a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Userback is acting and, where applicable, of such processor’s or controller’s local representative and data protection officer; and

(b) make such information available to the supervisory authorities. Accordingly, if the GDPR applies to the processing of Customer Personal Data, Customer will, where requested, provide such information to Userback, and will ensure that all information provided is kept accurate and up-to-date.

11. Liability

11.1 Liability Cap. The total combined liability of either party and its Affiliates towards the other party and its Affiliates, whether in contract, tort or any other theory of liability, under or in connection with the Agreement, this Addendum, and the Standard Contractual Clauses if entered into as described in Section 8.2 (Cross-Border Transfers) combined will be limited to limitations on liability or other liability caps agreed to by the parties in the Agreement, subject to Section 11.2 (Liability Cap Exclusions).

11.2 Liability Cap Exclusions. Nothing in Section 11.1 (Liability Cap) will affect any party’s liability to data subjects under the third-party beneficiary provisions of the Standard Contractual Clauses to the extent limitation of such rights is prohibited by the European Data Protection Legislation, the LGPD or the Brazil SCCs.

12. Anonymised and Aggregated Data

12.1 Customer instructs Userback, as a documented instruction under Section 3.2.1, to create aggregated statistics and metrics from Customer Personal Data and data derived from the Services (such as counts, volumes, rates and usage trends) that meet the definition of Anonymised Data, and to use Anonymised Data to operate, secure, maintain and improve the Services.

12.2 “Anonymised Data” means data derived from Customer Personal Data that (a) does not identify, relate to or reasonably allow identification of Customer or any natural person, household or device, taking into account all means reasonably likely to be used by Userback or any other person; and (b) is aggregated or otherwise irreversibly anonymised, so that it is not personal data or personal information under the Global Data Protection Legislation, and is aggregate consumer information or deidentified information (as those terms are defined in the CCPA) or deidentified data under the US State Privacy Laws.

12.3 Pseudonymised data, and individual records from which only direct identifiers have been removed, are not Anonymised Data.

12.4 Userback will (a) take reasonable measures to prevent Anonymised Data being associated with Customer or any individual or household; (b) maintain and use Anonymised Data only in anonymised form and not attempt to re-identify it; and (c) require anyone who receives Anonymised Data to agree to the same restrictions.

12.5 Data that does not meet the definition in Section 12.2 remains Customer Personal Data and is subject to this Addendum. Section 4 does not apply to Anonymised Data.

12.6 Except to provide the Services (including for the purposes in Appendix 1) and to create Anonymised Data under Section 12.1, Userback does not use individual feedback records, screenshots, recordings or free-text content submitted through the Services for its own purposes, whether or not direct identifiers have been removed.

13. Notices

Notwithstanding anything to the contrary in the Agreement, any notices required or permitted to be given by Userback to Customer may be given (a) in accordance with any notice clause of the Agreement; (b) to Userback’s primary points of contact with Customer; and/or (c) to any email provided by Customer for the purpose of providing it with Service-related communications or alerts. Customer is solely responsible for ensuring that such email addresses are valid. Notices to Userback under this Addendum, including objections under Section 9.4 and audit requests under Section 5.4.3, may be sent to contact@userback.io.

14. Effect of These Terms

Notwithstanding anything to the contrary in the Agreement, if there is any conflict or inconsistency, the following order of precedence applies, from highest to lowest: (a) the Standard Contractual Clauses, as provided in Appendix 3, Section 2.4; (b) the other terms of Appendix 3 (Region-Specific Terms); (c) the main body of this Addendum and its other Appendices; and (d) the Agreement.

Appendix 1: Subject Matter and Details of the Data Processing

This Appendix 1 is incorporated into the Addendum, and also forms part of the Standard Contractual Clauses (if such Standard Contractual Clauses are applicable to Customer).

Data Importer. The Data Importer (or Service Provider/Processor) is Userback, a provider of web-based customer feedback solutions.

Data Exporter. The Data Exporter (or Business/Controller) is the Customer that is a party to the Addendum.

Subject Matter. Userback’s provision of the Services to Customer as set forth in the Agreement and the Addendum.

Duration of the Processing. The Term plus the period from the expiry of the Term until deletion of all Customer Personal Data by Userback in accordance with the Addendum.

Nature and Purpose of the Processing. Userback will receive, process and store Customer Personal Data only for these specific business purposes: (a) hosting, storing and transmitting feedback, screenshots, recordings, session data and related content collected through the Services; (b) providing the features and integrations Customer or its administrators enable, including AI-assisted features where Customer has opted in and connections to third-party tools that Customer selects, as described below; (c) communicating with Customer and its end users about the Services and providing customer support; (d) securing the Services, detecting and investigating security incidents, and debugging; and (e) maintaining and monitoring the Services, and creating Anonymised Data under Section 12 to improve the Services. Userback does not sell or share Customer Personal Data (as those terms are defined in the CCPA), and does not disclose it to third parties for compensation or for those third parties’ own business interests.

AI-Assisted Features, Integrations and MCP. Where Customer enables AI-assisted features (such as AI Assist, including transcription and summaries of video feedback, and Insights), Userback sends the relevant feedback content (such as text, recordings and automatically generated transcripts) to the AI model providers listed as Subprocessors, solely to generate outputs for Customer’s workspace. If Customer does not enable these features, no Customer Personal Data is sent to those providers. Where Customer or its administrators connect a third-party service or AI tool (for example through Userback’s MCP server or another integration), Userback transmits Customer Personal Data to, and receives it from, that service at Customer’s direction. Those services are selected and controlled by Customer and are not Subprocessors. Userback does not use Customer Personal Data to train AI models.

Categories of Personal Data.

First and last name
Title
Position
Employer
Contact information (company, email, phone, physical business address)
IT information (IP addresses, usage, cookies, online navigation, location, and browser data)
Other electronic data submitted, stored, sent, or received by an end-user (which may include special categories of personal data under the GDPR, or sensitive personal data under the LGPD, as described under Sensitive Data below)
Information related to invoices or payments made for the Userback service
Feedback content: text comments, descriptions, bug reports, feature requests and survey responses
Screenshots, annotations, screen and video recordings (which may include audio), automatically generated transcripts, and session replay data
Technical diagnostic data, such as console logs, network requests, page URLs, and browser and device information
Reporter, commenter and assignee names, email addresses and roles

Sensitive Data.

Userback does not request or require any sensitive or special categories of personal data for provision of the Services.
Customer Personal Data. Sensitive data may, from time to time be processed via the Services where Customer or its end users choose to include sensitive data within the communications that are transmitted using the Services or upload sensitive data to the Services. Customer is responsible for ensuring that suitable safeguards are in place prior to transmitting or processing, or prior to permitting Customer’s end users to transmit or process any sensitive data via the Services.

Safeguards for Sensitive Data. Where sensitive data is processed, Userback applies purpose limitation under Section 3.2, restricts access to personnel who need it under Section 5.1.2, and applies the technical and organizational measures in Appendix 2.

Data Subjects.

Employees, agents, advisors, and/or freelancers of Customer (who are natural persons), and/or individuals about whom data is provided to Userback via the Services by (or at the direction of) Customer
End users authorized by Customer to use the Services
End users of Customer’s websites and applications who submit feedback or whose sessions are recorded through the Services

Subprocessors. Customer hereby consents to subprocessing by the entities set out at: https://userback.io/userback-subprocessors/. AI model providers on that list process Customer Personal Data only where Customer enables AI-assisted features.

Appendix 2: Technical and Organizational Security Measures

This Appendix 2 is incorporated into the Addendum, and also forms part of the Standard Contractual Clauses (if such Standard Contractual Clauses are applicable to Customer).

As from the Addendum Effective Date, Userback will implement and maintain the technical and organizational Security Measures set out at https://userback.io/security-overview. Userback may update or modify such Security Measures from time to time provided that such updates and modifications do not materially decrease the overall security of the Services.

The following table provides more information regarding the technical and organizational security measures set forth below:

Technical and Organizational Security Measure	Evidence of Technical and Organizational Security Measure
Measures of pseudonymisation and encryption of personal data	See Section 5.1 (Data Classification) and Section 5.5 (Data Encryption) of the Security Overview
Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services	See Section 7 (Business Continuity and Disaster Recovery) of the Security Overview
Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident	See Section 6 (Vulnerability and Incident Management) and Section 7 (Business Continuity and Disaster Recovery) of the Security Overview
Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing	See Section 1 (Purpose, Scope, and Organization) of the Security Overview
Measures for user identification and authorization	See Section 3 (Personnel Identity and Access Management) of the Security Overview
Measures for the protection of data during transmission	See Section 5 (Data Classification and Processing) of the Security Overview
Measures for the protection of data during storage	See Section 2 (Personnel and Office Environment), Section 4 (Technology), and Section 5 (Data Classification and Processing) of the Security Overview
Measures for ensuring physical security of locations at which personal data are processed	See Section 4.2 (Datacentre Security) of the Security Overview
Measures for ensuring system configuration, including default configuration	See Section 4 (Technology) and Section 6 (Vulnerability and Incident Management) of the Security Overview
Measures for internal IT and IT security governance and management	See Section 1 (Purpose, Scope, and Organization) and Section 2 (Personnel and Office Environment) of the Security Overview
Measures for certification/assurance of processes and products	See Section 4.3 (Third Party Services), Section 4.2 (Datacenter Security) and Section 5 (Data Classification and Processing) of the Security Overview
Measures for ensuring data minimisation	More information about how Userback processes personal data is set forth in the Privacy Policy available at https://userback.io/privacy/.
Measures for ensuring data quality	More information about how Userback processes personal data is set forth in the Privacy Policy available at https://userback.io/privacy/.
Measures for ensuring accountability	More information about how Userback processes personal data is set forth in the Privacy Policy available at https://userback.io/privacy/.
Measures for allowing data portability and ensuring erasure	For data portability, see Section 5.3 (Customer Access) of the Security Overview
Technical and organizational measures to be taken by the (sub-) processor to provide assistance to the controller and, for transfers from a processor to a (sub-) processor, to the Customer.	When Userback engages a Subprocessor under Section 9 (Subprocessors) of this Addendum, Userback and the Subprocessor enter into an agreement with data protection obligations substantially similar to those contained in this Addendum. Each Subprocessor agreement must ensure that Userback is able to meet its obligations to Customer. In addition to implementing technical and organizational measures to protect personal data, Subprocessors must (a) notify Userback in the event of a Security Incident so Userback may notify Customer; (b) delete personal data when instructed by Userback in accordance with Customer’s instructions to Userback; (c) not engage additional Subprocessors without Userback’s authorization; (d) not change the location where personal data is processed; or (e) process personal data in a manner which conflicts with Customer’s instructions to Userback.

Appendix 3: Region-Specific Terms

This Appendix sets out terms for particular regions. Section 2 covers cross-border transfers from Europe and Brazil, section 3 covers the United States, and section 4 covers Australia.

1. Definitions

For the purposes of the Clauses:

1.1 “Standard Contractual Clauses” means, depending on the circumstances unique to Customer, any of the following:

1.1.1 the UK Addendum (together with the 2021 Standard Contractual Clauses to which it is appended); or

1.1.2 the 2021 Standard Contractual Clauses; or

1.1.3 the Brazil Standard Contractual Clauses.

1.2 “UK Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (version B1.0), issued by the UK Information Commissioner under section 119A of the Data Protection Act 2018, as revised under Section 18 of its Mandatory Clauses.

1.3 “2021 Standard Contractual Clauses” means the Standard Contractual Clauses approved by the European Commission in decision 2021/914.

1.4 “Brazil Standard Contractual Clauses” or “Brazil SCCs” means the standard contractual clauses approved by the Brazilian National Data Protection Authority (ANPD) in Annex II of Resolution CD/ANPD No. 19 of 23 August 2024, as published by the ANPD.

2. Europe and Brazil: Cross Border Data Transfer Solutions

2.1 Order of Precedence. In the event the Services are covered by more than one Transfer Solution, the transfer of personal data will be subject to a single Transfer Solution in accordance with the following order of precedence: (a) the UK Addendum, as set out in Section 2.2; (b) the 2021 Standard Contractual Clauses, as set out in Section 2.3; (c) the Brazil SCCs, as set out in Section 2.5; and, if none of (a), (b) or (c) is applicable, then (d) other Transfer Solutions permitted under applicable Global Data Protection Legislation.

2.2 UK Addendum. The UK Addendum applies to personal data transferred via the Services from the United Kingdom, directly or by onward transfer, to any country or recipient outside the United Kingdom that is not covered by UK regulations approving transfers (including under Article 45A of the UK GDPR). For those transfers it is deemed entered into, appended to the 2021 Standard Contractual Clauses as completed in Section 2.3, and completed as follows:

2.2.1 Table 1 (Parties): Start Date is the Addendum Effective Date. Exporter is Customer. Importer is Userback Pty Ltd (ABN 80 611 444 878), 9 Aspire Street, Rochedale, Queensland 4123, Australia. Contacts and signature are as in Section 2.3.3(f); each party is deemed to have signed by entering into the Agreement.

2.2.2 Table 2 (Selected SCCs, Modules and Selected Clauses): the 2021 Standard Contractual Clauses as completed in Section 2.3; Modules Two and Three in operation; Clause 7 docking clause not applying; Clause 11 optional language not applying; Clause 9(a) General Written Authorisation, with a 30-day notice period (Section 9.4).

2.2.3 Table 3 (Appendix Information): Annex I.A as in Section 2.3.3(f); Annex I.B as in Section 2.3.3(g); Annex II is Appendix 2; Annex III is the subprocessor list referred to in Section 9.2.

2.2.4 Table 4 (Ending this Addendum when the Approved Addendum changes): the Importer may end the UK Addendum as set out in Section 19 of its Mandatory Clauses.

2.2.5 Part 2 (Mandatory Clauses): Part 2: Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.

2.2.6 For these transfers, Clauses 17 and 18 apply as amended by the Mandatory Clauses (laws and courts of England and Wales), and the ICO is the competent supervisory authority. Sections 2.3.3(d), (e) and (h) and Section 2.3.4 do not apply to transfers subject to the UK Addendum.

2.3 2021 Standard Contractual Clauses. The parties agree that the 2021 Standard Contractual Clauses will apply to personal data that is transferred via the Services from the European Economic Area or Switzerland, either directly or via onward transfer, to any country or recipient outside the European Economic Area or Switzerland that is not recognized by the European Commission (or, in the case of transfers from Switzerland, the Swiss Federal Council) as providing an adequate level of protection for personal data. For data transfers from the European Economic Area or Switzerland that are subject to the 2021 Standard Contractual Clauses, the 2021 Standard Contractual Clauses will be deemed entered into (and incorporated into this Addendum by this reference) and completed as follows (and, for Switzerland, as modified by Section 2.3.4):

2.3.1 Module Two (Controller to Processor) of the 2021 Standard Contractual Clauses will apply where Customer is a controller of Customer Personal Data and Userback is processing Customer Personal Data.

2.3.2 Module Three (Processor to Processor) of the 2021 Standard Contractual Clauses will apply where Customer is a processor of Customer Personal Data and Userback is processing Customer Personal Data.

2.3.3 For each Module, where applicable:

(a) in Clause 7 of the 2021 Standard Contractual Clauses, the optional docking clause will not apply;

(b) in Clause 9 of the 2021 Standard Contractual Clauses, Option 2 “General Written Authorisation” will apply and the time period for prior notice of Subprocessor changes will be as set forth in Section 9 (Subprocessors) of this Addendum;

(d) in Clause 17 (Option 1), the 2021 Standard Contractual Clauses will be governed by Irish law;

(e) in Clause 18(b) of the 2021 Standard Contractual Clauses, disputes will be resolved before the courts of Ireland;

(f) in Annex I, Part A (List of Parties) of the 2021 Standard Contractual Clauses:

(i) Data Exporter: Customer.

(ii) Contact details: The email address(es) designated by Customer in Customer’s account via its notification preferences.

(iii) Data Exporter Role: The Data Exporter’s role is set forth in Section 3.1 (Roles and Regulatory Compliance; Authorization) of this Addendum. The parties acknowledge and agree that with regard to the processing of Customer Personal Data, Customer may act either as a controller or processor and Userback is a processor. Userback will process Customer Personal Data in accordance with Customer’s Instructions as set forth in Section 3.2.1.

(iv) Signature and Date: By entering into the Agreement, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, including their Annexes, as of the effective date of the Agreement.

(v) Data Importer: Userback Pty Ltd.

(vi) Address: 9 Aspire Street, Rochedale, Queensland 4123, Australia

(vii) Contact details: Userback Data Security Team – contact@userback.io

(viii) Data Importer Role: The Data Importer’s role is set forth in Section 3.1 (Roles and Regulatory Compliance; Authorization) of this Addendum. The parties acknowledge and agree that with regard to the processing of Customer Personal Data,Customer may act either as a controller or processor and Userback is a processor. Userback will process Customer Personal Data in accordance with Customer’s Instructions as set forth in Section 3.2.1.

(ix) Signature and Date: By entering into the Agreement, Data Importer is deemed to have signed these Standard Contractual Clauses, incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

(g) in Annex I, Part B (Description of Transfer) of the 2021 Standard Contractual Clauses:

(i) The categories of data subjects, categories of personal data, sensitive data and safeguards, and the nature and purpose of the processing are described in Appendix 1 (Subject Matter and Details of the Data Processing) under the headings Data Subjects, Categories of Personal Data, Sensitive Data, Safeguards for Sensitive Data, and Nature and Purpose of the Processing.

(ii) The frequency of the transfer is continuous for the duration of the Agreement.

(iii) The period for which personal data will be retained and the criteria used to determine that period is as follows: Prior to the termination of the Agreement, Userback will process stored Customer Personal Data for the permitted purposes set forth in Section 3.2.1 (Customer’s Instructions) until Customer elects to delete such Customer Personal Data via the Services. Prior to the termination of the Agreement, Customer agrees that it is solely responsible for deleting Customer Personal Data via the Services. While its account is open, Customer may export its Customer Personal Data using the export features available to it in the Services under its plan. When Customer closes its account or the Agreement otherwise terminates, Customer immediately loses access to that data. Userback will (i) keep the stored Customer Personal Data for thirty (30) days after closure, solely so that Customer can reopen its account, and (ii) delete it permanently and automatically when that period ends, or earlier on Customer’s request, unless alternate timeframes for retention and/or deletion are otherwise set forth in the Agreement. Any Customer Personal Data archived on Userback’s back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable law or regulation.

(iv) For transfers to Subprocessors, the subject matter, nature, and duration of the processing is set forth at https://userback.io/userback-subprocessors/.

(h) In Annex I, Part C of the 2021 Standard Contractual Clauses: (i) for transfers subject to the GDPR, the competent supervisory authority is determined under Clause 13(a): the authority responsible for Customer where Customer is established in an EU Member State; otherwise the authority of the Member State where Customer’s Article 27 representative is established; failing which, the Irish Data Protection Commission; and (ii) for transfers subject to the FADP, the FDPIC, as provided in Section 2.3.4(b).

(i) Appendix 2 (Technical and Organizational Security Measures) of this Addendum serves as Annex II of the Standard Contractual Clauses.

2.3.4 Switzerland. For transfers from Switzerland that are subject to the FADP (alone or together with the GDPR), the 2021 Standard Contractual Clauses apply as completed in this Section 2.3 and are modified as follows:

(a) references to the GDPR and its articles are read as references to the FADP, to the extent the transfer is subject to the FADP;

(b) the FDPIC is the competent supervisory authority under Clause 13 and Annex I.C to the extent the FADP governs the transfer, acting in parallel with the authority identified in Section 2.3.3(h) to the extent the GDPR also governs it;

(d) the term “Member State” in Clause 18(c) must not be read to prevent data subjects in Switzerland from suing for their rights in Switzerland, their place of habitual residence.

2.4 Conflict. To the extent there is any direct conflict between the Standard Contractual Clauses and any other terms in this Addendum, the Agreement, or the Privacy Policy, the provisions of the Standard Contractual Clauses will prevail.

2.5 Brazil. Where Customer Personal Data subject to the LGPD is transferred from Brazil, directly or by onward transfer, to Userback or any other recipient outside Brazil that is not covered by an ANPD adequacy decision (a “Brazil Transfer”), the Brazil SCCs apply and are incorporated into this Addendum by reference, in the form published by the ANPD, and are completed as follows:

(a) Customer is the Exporter (as controller) and Userback is the Importer (as processor). By entering into the Agreement, each party is deemed to have signed the Brazil SCCs.

(b) Clause 1 (Identification of the Parties): the details in the Agreement and Customer’s account. Userback’s contact for data subjects is its Data Protection Officer, contact@userback.io.

(d) Clause 3 (Onward Transfers): Option B applies, for transfers to Subprocessors under Section 9.

(e) Clause 4 (Responsibilities of the Parties): Option A applies, and the Exporter is the Designated Party for Clauses 14 to 16.

(f) Section III (Security Measures): Appendix 2.

(g) Nothing in this Addendum or the Agreement excludes, modifies or contradicts the Brazil SCCs, which prevail over any inconsistent term, including Section 11 and the governing law and venue provisions of the Agreement.

If Customer acts as a processor for a Brazil Transfer, or asks for a signed copy of the Brazil SCCs, the parties will enter into a signed addendum completing the Brazil SCCs for that transfer.

3. United States

3.1 CCPA Service Provider Terms. This section 3.1 applies where Userback processes personal information subject to the CCPA on Customer’s behalf.

3.1.1 Customer discloses Customer Personal Data to Userback only for the limited and specified business purposes in Appendix 1 (the “Business Purposes”).

3.1.2 Userback will not: (a) sell or share Customer Personal Data (as “sell” and “share” are defined in the CCPA); (b) retain, use or disclose it for any purpose, including any commercial purpose, other than the Business Purposes or as the CCPA otherwise permits; (c) retain, use or disclose it outside the direct business relationship between Userback and Customer; or (d) combine it with personal information Userback receives from another source or collects from its own interactions with the consumer, except as the CCPA permits.

3.1.3 Userback will comply with the CCPA provisions applicable to service providers and provide the same level of privacy protection as the CCPA requires of businesses for Customer Personal Data.

3.1.4 Customer may take reasonable and appropriate steps to ensure Userback uses Customer Personal Data consistently with Customer’s CCPA obligations, including through Section 5.4 of this Addendum. On notice, Customer may take reasonable and appropriate steps to stop and remediate any unauthorized use.

3.1.5 Userback will notify Customer after it determines it can no longer meet its CCPA obligations.

3.1.6 Userback will enable Customer to comply with consumer requests under the CCPA as set out in Section 7 of this Addendum. Customer will inform Userback of any consumer request Userback must act on and give it the information needed to do so.

3.1.7 This section does not prevent Userback from using Customer Personal Data as the CCPA regulations permit service providers, including: (a) internally, to create Anonymised Data under Section 12 of this Addendum, provided Userback does not use the personal information to perform services for another person; (b) to engage Subprocessors under Section 9 of this Addendum; (c) to prevent, detect or investigate security incidents or protect against malicious, deceptive, fraudulent or illegal activity; and (d) for the purposes in California Civil Code § 1798.145(a)(1)–(7).

3.1.8 Userback will bind each Subprocessor by a written contract that complies with the CCPA’s service provider requirements.

3.1.9 Section 12 of this Addendum does not permit Userback to use or disclose personal information, as defined in the CCPA, other than as this section 3.1 allows.

3.2 US State Privacy Laws. Where US State Privacy Laws apply to Customer Personal Data, the sections of the main body of this Addendum listed below are the processor terms those laws require, and apply in addition to section 3.1: Customer’s instructions, the nature and purpose of the processing, the types of data, the duration and the parties’ rights and obligations (Section 3.2 and Appendix 1); confidentiality of personnel (Section 5.1.2); subprocessor contracts, notice and objection (Section 9); assistance with consumer requests, security and breach notification, and assessments (Sections 5.1.3, 5.2, 6 and 7); information and assessments, including Userback’s option in Section 5.4.4 to rely on an independent assessor’s report (Section 5.4); and deletion or return (Section 4).

4. Australia

4.1 Australian Privacy Law. Where Australian Privacy Law applies to Customer Personal Data, the following applies in addition to the other terms of this Addendum.

4.1.1 Australian Privacy Law does not distinguish between controllers and processors. Each party remains responsible for its own compliance with Australian Privacy Law, and nothing in this Addendum limits an obligation that Australian Privacy Law places on either party.

4.1.2 Userback will handle Customer Personal Data in accordance with the Australian Privacy Principles that apply to it, and will take reasonable steps to ensure that each Subprocessor outside Australia handles Customer Personal Data consistently with the Australian Privacy Principles.

4.1.3 If Userback becomes aware of reasonable grounds to suspect an eligible data breach (as defined in the Privacy Act 1988 (Cth)) affecting Customer Personal Data, it will notify Customer under Section 5.2 of this Addendum and give Customer the information it reasonably needs to assess the breach. As between the parties, Customer will assess the breach and notify the Office of the Australian Information Commissioner and affected individuals where required, unless the parties agree in writing that Userback will do so or Userback is required by law to notify. The parties will cooperate so that one notification satisfies both parties’ obligations. If Userback reasonably believes Customer has not assessed or notified a breach as required, Userback may do so itself.

4.1.4 If Australian Privacy Law is amended to distinguish controllers from processors or to set a fixed deadline for breach notification, the parties will comply with the amended law, and Userback will give Customer notice in time for Customer to meet any deadline that applies to it.