Terms + Conditions

General terms and conditions – Kickstarter app

V e r s i o n   2 6 – 0 6 – 2 0 2 5

Article 1. Definitions

1.1 In the Agreement, the following capitalized terms shall have the meanings ascribed to them below.

Account: Client’s own environment in the Service;

Agreement: The agreement between Briggs+Walker and Client regarding the use of the Platform, to which these Terms and Conditions apply;

Briggs+Walker: the limited liability company PTTN B.V., registered and having its offices at (2031BJ) Haarlem at Hendrik Figeeweg 3-G 17;

Client Data: The data on the Platform that originates from Client, including location data, any data that an End User stores in the Platform, and information related to propositions and follow-up;

Client: The contractual counterparty of Briggs+Walker to the Agreement;

Credits: The payment method for the Service;

Data Processing Agreement: The data processor agreement between Briggs+Walker and Client regarding the processing of personal data in connection with the Service, which is attached as Appendix A to this Agreement;

End User: An employee of Client, or of a party engaged by Client, who uses the Service with Client’s permission;

Fee: A fee payable by Client to Briggs+Walker for the Service;

IP rights: All intellectual or industrial property rights, such as copyrights, patent rights, trademark rights, database rights and rights to know-how;

Party: Briggs+Walker or the Client;

Personal Data: Has the meaning given in the Data Processing Agreement;

Platform: The Platform as described on the Website;

Service: Making the Platform available remotely under the terms of the Agreement;

Terms and Conditions: These general terms and conditions.

Website: Briggs+Walker’s website for the Platform, available at briggsandwalker.com.

Article 2. Agreement and Order of Precedence

2.1 The Agreement consists of the Terms and Conditions and the Data Processing Agreement. In case of conflict or inconsistency between the provisions of the documents that collectively constitute the Agreement, the following order of precedence shall apply, with the highest ranked document taking precedence over the documents listed below it:

a. The provisions of these Terms and Conditions;
b. The Data Processing Agreement;

2.2 The applicability of Client’s general (purchase) terms and conditions, are expressly rejected. Reference by Client to the applicability of its own general (purchase) conditions before, during or after the conclusion of the Agreement shall have no legal effect.

2.3 Briggs+Walker may amend these Terms and Conditions from time to time. Upon any change the revised Terms and Conditions will be brought to the attention of the Client prior to entry into force. Field Sales Made Smarter

2.4 Briggs+Walker shall have no obligation to provide Services other than those agreed to in this Agreement.

2.5 These general terms and conditions apply to all Briggs+Walker Services.

2.6 Briggs+Walker is not bound by the text of any document when it should be reasonably obvious to Client that such text contains an error.

Article 3. Service and License

3.1 Briggs+Walker shall use its best efforts as a good contractor to provide the Service. Upon registration by the Client, Briggs+Walker may decide to cancel a Client’s registration and Account within 5 Business Days for any or no reason.

3.2 Briggs+Walker grants Client, for the term and under the terms of the Agreement, the right to use the Service as described in this Section (the “License”), subject to Client’s timely payment of all Fees.

3.3 Client may only allow the Service to be used by End Users, and only for the internal purposes of its organization. Client may not (commercially or non-commercially) offer the Service to third parties, without prejudice to Client’s right to allow a contractor engaged by Client to use the Service as an End User.

3.4 Client is responsible for any use of the Service by End Users and warrants that End Users will act in accordance with this Agreement.

3.5 Use of the Service by Client and End Users is at Client’s expense and risk.

3.6 The Service may contain third party software. Briggs+Walker makes no warranty with respect to such software, is not liable for such software, and is not responsible for its use and maintenance. Client acknowledges that third party terms of use and additional fees may apply to the use of such software.

3.7 Briggs+Walker may, in its sole discretion, modify the Service from time to time in areas that are, in Briggs+Walker’s sole discretion, of minor importance. Upon prior notice, Briggs+Walker may also make substantial changes to the Service, interrupt the Service and temporarily block access to the Service (for example, due to maintenance, updates and/or expansion of work by Briggs+Walker with respect to the Service). In this case, the Client shall not be entitled to compensation or set-off of the Fees.

3.8 If a change in the Service results in a material change in functionality, Briggs+Walker will notify Client within a reasonable period of time. If Client does not agree to such a change, Client has the right to terminate the Agreement subject to one month’s notice.

Article 4. Reimbursement and Payment

4.1 Payment for the Service is done with Credits. The Client can purchase Credits on the Website. The price for Credits is stated on the Website and is exclusive of VAT. The Fee for the Service in Credits is stated on the Website.

4.2 Credits must be used within 12 months after purchase. Upon expiration of these 12 months, the Credits will expire and Briggs+Walker will not refund any (unused) Credits.

4.3 Briggs+Walker may increase the price of Credits once a year by up to the consumer price index figure of Statistics Netherlands for the previous year. Briggs+Walker will inform Client in advance of a proposed change in the Fees.

4.4 In addition to Section 4.3, Briggs+Walker may adjust the price of Credits, in which case Briggs+Walker shall give at least three months written notice. If Client does not agree to the adjustment, Client may terminate the Agreement within thirty days of such written notice.

4.5 In case of a negative Credit balance , Briggs+Walker may suspend the Agreement and block access to the Service.

Article 5. Access to the Platform

5.1 Client shall keep the usernames and passwords provided by Briggs+Walker confidential. Briggs+Walker is not liable for misuse of usernames and passwords and may assume that an End User who logs on with an End User’s username and password is actually that End User.

5.2 As soon as the Client knows or has reason to suspect that the username and password have fallen into the hands of unauthorized persons, or the Service is being misused, it must notify Briggs+Walker, without prejudice to the Client’s own obligation to take effective action immediately.

Article 6. Obligations of Client

6.1 Client is responsible for managing and configuring his Account, the use of the Service and the Client Data. Errors in configuring the Account may result in errors in the Service. Briggs+Walker is in no event liable for such errors.

6.2 The Client is solely responsible when the Client grants third parties access to the Service, and is liable for all damages suffered by Briggs+Walker as a result, even if Briggs+Walker has granted prior permission for such use.

6.3 Client is solely responsible for the selection and proper functioning of its own IT devices and infrastructure and a functioning Internet connection.

6.4 Client warrants that:

a. Client and third parties engaged by it will at all times fulfill their obligations under the Agreement, and that they will comply with all laws and regulations relating to their activities;

b. Client and any third parties engaged by it will not use the Service for any purpose other than that for which it was provided, and that it will not use the Service to copy or replace it or otherwisecompete with Briggs+Walker;

c. Client is duly authorized to use the Platform by virtue of valid agreements with clients, recruiters, and other parties involved, and does not add any clients or recruiters to the platform who have not given their explicit consent.

d. The Client Data processed by Client and third parties engaged by it and the use of the results of the Service do not infringe on intellectual property rights of third parties, do not violate applicable laws or regulations, are not contrary to public order or decency and do not invade the privacy of third parties;

e. Client and third parties engaged by it will not develop or contribute to activities that may be considered unethical marketing, deception, unfair trade practices or fraud;

f. Client and any third parties engaged by it shall not attempt to access the remote servers operated by Briggs+Walker or interrupt, attempt to interrupt, disrupt or otherwise interfere with the functionality of the Service and the underlying Software.

6.5 Client acknowledges that Briggs+Walker has no control over Client Data processed while using the Service, and indemnifies Briggs+Walker against any claim by a third party as a result of the use of Client Data.

6.6 If Client acts in violation of the Agreement, or if Briggs+Walker has reasonable cause to suspect that Client will act in violation of the Agreement, Briggs+Walker may temporarily or permanently block access to the Service with immediate effect.

Article 7. Fair Use

7.1 This fair use clause describes the guidelines for acceptable use of the Platform to ensure fair and equitable use for all users and to protect the Platform from misuse.

7.2 Client will only use the Platform in a reasonable and responsible manner. The Platform is designed to accommodate normal usage patterns for business purposes. For Clients accessing the Platform for commercial purposes, reasonable use includes activities that:

a. Do not overburden system resources;

b.Maintain usage within anticipated volume thresholds for your account type;

c. Do not attempt to gain competitive advantage through excessive or automated access;

d. Comply with any specified rate limits or access restrictions;

7.3 The following usage patterns may be considered unfair use of our platform:

a. The use of multiple Accounts for one and the same organization;

b. Excessive API calls or requests beyond reasonable operational needs;

c. Automated scraping or data harvesting that places undue burden on our infrastructure;

d. Deliberate attempts to overload or stress-test the platform;

e. Sharing access credentials beyond authorized users;

f. Using the platform to provide a competing service to third parties;

g. Any usage that significantly impairs the experience of other users;

7.4 Briggs+Walker reserves the right to monitor Platform usage and take appropriate action when unfair use is detected. Such actions may include temporary throttling of access, issuing warnings to Client, requiring upgrade to an appropriate usage tier, temporary suspension of service, termination of access in cases of repeated or severe violations.

7.5 When possible, Briggs+Walker will notify Client in advance of potential fair use violations and provide an opportunity to remedy the situation before taking restrictive actions.

Article 8. Guarantees

8.1 Briggs+Walker provides the Service “as is” and “as available” and makes no further warranty. Briggs+Walker does not warrant the suitability of the Service for any specific purpose, does not guarantee its full availability or security, and may suspend or terminate the Service and/or make the Service temporarily inaccessible to perform maintenance work, without any rights of Client.

8.2 Any use of the Service is at the expense and risk of the Client. Briggs+Walker does not guarantee anypossible results from the use of the Service. Briggs+Walker shall not be liable for damages suffered by Client in the event of loss of or damage to Client Data or other results of the Service.

8.3 Briggs+Walker does not guarantee that the Service will be available at all times without any interruption, failure, error or defect. Failure of the Service or sub-optimal operation of the Service, from any cause whatsoever, shall in no event give rise to any liability of Briggs+Walker to the Client. Outages may result from Internet, hardware or telephone connection failures, or may result from viruses, errors or defects. Client is responsible for compliance with the technical and functional requirements related to the use of the Service.Field Sales MadeSmarter

Article 9. Duration and Termination

9.1 The Agreement is entered into as of the date of signup on the Website by Client and for the term of one month. After this period, the Agreement will be renewed by periods of 1 month each time, unless a Party terminates the Agreement at least one month before the end of the current term.

9.2 Briggs+Walker may terminate the Agreement with immediate effect if:

a. Client in Briggs+Walker’s opinion damages Briggs+Walker’s reputation;

b. Client fails to fulfill its payment or other obligations under the Agreement, provided that Briggs+Walker has given Client written notice of default and Client’s performance fails even after a reasonable period of time included in the notice of default.

c. Client becomes bankrupt, is granted suspension of payments, if Client’s business is liquidated or terminated other than for the purpose of corporate merger.

d. Client is inactive for a period of 6 months.

9.3 Briggs+Walker shall not be obliged to compensate any damages or repay any monies already received because of such termination.

9.4 If, at the time of any termination of the Agreement, obligations to the Client have already been fulfilled, such fulfillment and related payment obligations cannot be the subject of dissolution. Amounts invoiced by Briggs+Walker prior to dissolution shall remain due and shall become immediately payable upon dissolution.

9.5 If the Agreement terminates for any reason, all amounts due are immediately due and payable. Briggs+Walker will keep the Service available for thirty calendar days following the termination of the Agreement solely to allow Client to retrieve Client Data and/or make a backup copy. It will no longer be possible to process information during such period. During the aforementioned period, Briggs+Walker shall have no obligations other than ensuring the availability of the Client Data as described above, subject to timely request.

Article 10. Privacy

10.1 In the course of providing the Service, Briggs+Walker will process Personal Data on behalf of Client. The parties agree that the Client is the controller for the processing of Personal Data during the use of the Service, and Briggs+Walker is the processor. The terms of such processing of Personal Data are set forth in the Data Processing Agreement.

10.2 During the use of the Service Briggs+Walker may collect statistical information on the use of the Platform by Clients. To the extent that such statistical information includes Personal Data, Briggs+Walker will process such Personal Data in accordance with its privacy statement for the Service, available on the Website.

Article 11. Intellectual Property Rights

11.1 Briggs+Walker grants Client only a limited, non-exclusive, non-transferable License to use the Platform, which cannot be sublicensed, as provided in Section 3.

11.2 All IP rights in the Service and all modifications, extensions, updates and/or improvements thereto, including, but not limited to, those proposed or requested by the Client, belong to Briggs+Walker.

11.3 All Client Data is and shall remain the sole property of Client and its licensors. Briggs+Walker will not use such Client Data for any purpose other than to provide, administer, maintain and improve the Service, to collect anonymous usage statistics – which are not traceable to Client or any individual – and to comply with applicable law.

11.4 Client hereby grants Briggs+Walker an irrevocable, non-exclusive license to use, upload, display, copy, modify, process and store Client Data for the purpose of providing the Service, in accordance with the Agreement.

11.5 At the request of the Client, Briggs+Walker may engage third party software in the provision of (parts of) the Service. The use of such software originating from a third party in the Service shall be subject to the relevant license and usage terms of that third party, all in addition to the Agreement.

Article 12. Confidentiality

12.1 The parties undertake to keep all confidential information received from each other under this Agreement strictly confidential and not to disclose it to third parties without the prior written consent of the other party. This duty of confidentiality applies both during the term of this Agreement and after its termination.

12.2 “Confidential Information” means any information provided by one party (the “Disclosing Party”) to the other party (the “Recipient”), including Client Data, that is marked as confidential or that the Recipient should reasonably understand to be confidential.

12.3 The obligation of confidentiality does not apply to information that:

a. is already publicly available or becoming available without being the result of;

b. was lawfully obtained from a third party without violation of any confidentiality obligations;

c. independently developed by the Recipient without using or referring to the Disclosing Party’s confidential information;

d. must be disclosed pursuant to a legal obligation, court order or other mandatory law or regulation, provided that the Recipient promptly notifies the Disclosing Party of such request and cooperates to ensure confidentiality to the maximum extent possible.

12.4 The obligations of this provision shall remain in effect for a period of five (5) years after termination of this Agreement.

Article 13. Liability

13.1 Client acknowledges and agrees that the Platform will include only the functionalities present at the start date of the Agreement.

13.2 Client agrees that it is solely responsible and liable for (i) the accuracy of information provided by Client, (ii) all activities that occur under Client’s account, including any acts or omissions of its employees or any party engaged by Client, and (iii) acquiring all authorizations and/or consents necessary for the use of the Client Data as contemplated by the Agreement.

13.3 The total liability of Briggs+Walker for any attributable breach of the Agreement or on any other ground shall be limited to compensation for direct damages incurred as a direct result of the failure and up to the amount actually paid out by Briggs+Walker’s insurance company in connection with the event causing the damages, and in all cases up to a maximum of €5,000.

13.4 In no event shall Briggs+Walker be liable to the Client for any damages other than those listed in Section 12.3, such as pure property damage, lost profits, third party claims against the Client, damages resulting from business interruption or corruption of data and loss of business, revenue, contracts or goodwill.

13.5 If, for any reason, Briggs+Walker’s insurance company does not pay to Briggs+Walker (in full), the total liability of Briggs+Walker shall at all times per incident be limited to the total sum of the fees (exclusive of VAT and any other taxes) actually paid by Client under this Agreement during the past two months, which may be zero.

13.6 The limitations and exclusions of this Article 14 do not apply in the event of:

a. Intent or gross misconduct;

b. Death or personal injury or other liabilities that cannot be limited or excluded by law.

13.7 Claims for damages against Briggs+Walker shall expire by the mere lapse of six months, unless the Client institutes legal action within that period.

Article 14. Force Majeure

14.1 A Party shall not be liable to the other Party for any failure in the performance of an Agreement (with the exception of payment obligations) if it is prevented by force majeure from performing the Agreement, for the duration that the force majeure continues. Force majeure means every circumstance independent of the will of that Party, foreseen or unforeseen, which makes performance of the Contract permanently or temporarily impossible and, insofar as not already included, war, act of war, civil war, riots, strikes, boycotts or lockouts, sabotage or fire, lightning strikes, extreme weather conditions and measures taken by Dutch or foreign government agencies.

Article 15. Other

15.1 The Agreement is governed by Dutch law. All disputes arising from or related to the Agreement will be submitted to the competent court in Noord-Holland, location Haarlem.

15.2 Where the Agreement speaks of ” in writing,” it shall include by e-mail.

15.3 The Agreement constitutes the entire agreement between the Parties with respect to the subjects described herein. The Agreement supersedes all prior understandings between the Parties with respect to these subjects, and in interpreting the Agreement, the Parties acknowledge that they have not relied on any representation, warranty, collateral contract, or other assurance except those expressly set forth in this Agreement. No amendment, modification or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both Parties. Any conflicting terms in purchase orders, invoices or other documents shall be of no force or effect.

Appendix A: Data Processing Agreement

Article 1. Definitions

1.1 In this Data Processing Agreement, the following terms, always capitalized, shall have the following meanings whether used in plural or singular:

Annex: Appendix to the Data Processing Agreement, which is an inseparable part of the Data Processing Agreement;

Data Processing Agreement: The present agreement which forms part of the Agreement;

Personal data: Any data that can be directly or indirectly traced to a natural person as referred to in Article 4 introductory phrase and under 1 GDPR;

Processing: The processing of Personal Data as referred to in Article 4, introductory paragraph and 2 GDPR;

Subprocessor: A subcontractor engaged by Briggs+Walker, which Processes Personal Data under this Data Processing Agreement on behalf of Client as referred to in Article 28 paragraph 4 GDPR;

1.2 Capitalized terms not defined in this Data Processing Agreement shall have the meaning set out in the Terms and Conditions.

1.3 The provisions of the Agreement shall apply in full to the Data Processing Agreement. To the extent that the Agreement contains provisions regarding the processing of personal data, the provisions of this Data Processing Agreement shall prevail.

Article 2. Purpose of Processing Personal Data

2.1 Client and Briggs+Walker have entered into this Data Processing Agreement for the purpose ofProcessing Personal Data in the context of the Agreement.An overview of the type of Personal Data, thecategories of data subjects and the purposes for which the Processing of Personal Data takes place is set out in Annex 1.

2.2 Client warrants that it is authorized to provide the Personal Data to Briggs+Walker under this Data Processing Agreement.

2.3 Client fully independently determines the purpose of processing the Personal Data, and thus has full control over the Personal Data. Client is thus responsible for all obligations that rest on a data controller like Client under the GDPR, including retention periods, the application of proper access rights, and informing data subjects regarding their rights.

2.4 Briggs+Walker shall Process Personal Data solely for the purposes of the activities specified in this Data Processing Agreement and/or the Agreement. Without the express and written consent of the Client, Briggs+Walker will not use the Personal Data Processed under this Data Processing Agreement in any way, unless Briggs+Walker is required to do so by law. To the extent reasonably possible, Briggs+Walker will promptly notify the Client, prior to Processing, of that legal requirement.Field Sales MadeSmarter

2.5 Briggs+Walker will keep Client’s Personal Data separate from (Personal) Data it processes for itself or for third parties.

2.6 Briggs+Walker does not acquire any rights in respect of the Personal Data processed on behalf of Client, nor does it acquire ownership thereof. Briggs+Walker does not control the purpose of the processing. Briggs+Walker will not make independent decisions regarding the use of the Personal Data and the duration of any retention period.

Article 3. General Duty of care Briggs+Walker

3.1 Briggs+Walker shall ensure compliance with this Processing Agreement as well as the laws and regulations applicable to it, including but not limited to the GDPR. Upon request, Briggs+Walker undertakes to inform Client about the measures taken by Briggs+Walker regarding this duty of care.

Article 4. Technical and Organizational Measures

4.1 Briggs+Walker shall implement appropriate technical and organizational measures to secure Personal Data against theft or against any form of unlawful Processing of Personal Data in order to ensure a level of security that is appropriate in relation to the associated level of risk, as set out in Annex 2 (Specification of Security Measures). These measures guarantee an appropriate level of security, taking into account the state of the art and the costs of implementation, given the risks involved in the Processing of Personal Data and the nature of the data to be protected. In any event, Briggs+Walker will take the necessary measures to protect Personal Data against accidental or unlawful destruction, accidental or intentional loss, falsification, unauthorized disclosure or access, or any other form of unlawful Processing.

4.2 The technical and organizational measures to be taken by Briggs+Walker resulting in an appropriate level of security are listed in Annex 2. By agreeing to the terms of this Briggs+Walker Agreement, Client warrants that it has assessed the technical and organizational measures described in Annex 2 and acknowledges that these measures taken by Briggs+Walker result in an appropriate level of security for the Personal Data to be Processed.

Article 5. Audit

5.1 Briggs+Walker shall cooperate to the extent reasonable with Client’s requests to monitor Briggs+Walker’s compliance with this Agreement, so that Client is able to adequately review compliance with what the Parties have agreed.

5.2 The costs incurred by Briggs+Walker in connection with such audit shall be borne by Client, and Client shall share all results with Briggs+Walker.

5.3 If an audit reveals a deficiency by Briggs+Walker, Briggs+Walker shall correct the deficiency as soon as reasonably possible.Field Sales MadeSmarter

Article 6. Confidentiality

6.1 Briggs+Walker will itself, and will ensure that any person acting under its authority and/or accessing the Personal Data:

a. keep the Personal Data and other confidential information of which they become aware confidential, except to the extent that any legal requirement obliges them to disclose or the need to disclose arises from their duties;

b. Process Personal Data only on behalf of and for the benefit of the Client and to the extent necessary in the context of the agreed service provision, subject to differing legal obligations, and comply with all instructions from the Client; and

c. not Process or cause to be Processed the Personal Data for any other purpose and not perform any actions with Personal Data other than those agreed upon in the context of the services.

6.2 Briggs+Walker shall ensure that anyone who may have access to the Personal Data that Briggs+Walker Processes for Client shall sign a confidentiality agreement which shall include at least the elements in clause 6.1 of this Data Processing Agreement.

6.3 Briggs+Walker shall in no way disclose the contents of the Agreement and/or cooperation with Client as well as the information that becomes known to it to third parties, unless it is required to do so by mandatory law or if this is done pursuant to Client’s prior written consent.

Article 7. Subprocessors

7.1 Briggs+Walker shall not outsource the performance of the Processing on behalf of Client in whole and/or in part to third parties without Client’s prior written consent.

7.2 The Subprocessors engaged by Briggs+Walker are listed in Annex 1. Client hereby consents to these Subprocessors. If Briggs+Walker wishes to engage other Subprocessors, Briggs+Walker shall inform Client of the intended changes and provide Client with the opportunity to object to these changes.

Article 8. Personal Data Breach

8.1 Briggs+Walker will notify Client without unreasonable delay of:

a. a Personal Data breach as defined in the GDPR and/or any other incident regarding the security of Personal Data;

b. a breach of any of the obligations set forth in this Data Processing Agreement; and/or

c. a request or order from, or investigation by, a regulator or other competent authority, to the extent permitted under applicable mandatory laws and regulations.

8.2 Briggs+Walker will provide all relevant information regarding a Personal Data breach to Client without unreasonable delay. Briggs+Walker will keep Client informed of any new developments regarding a Personal Data breach.

Article 9. Assistance to Client

9.1 Briggs+Walker shall assist Client in fulfilling its duty under the GDPR to respond to requests for the exercise of a data subject’s rights, in particular the right to inspection (Art. 15 GDPR), rectification (Art. 16GDPR), data erasure (Art. 17 GDPR), restriction (Art. 18 GDPR), portability (Art. 20 GDPR) and the right to object (Art. 21 and 22 GDPR). When Briggs+Walker receives a complaint or a request from a data subject regarding the Processing of Personal Data, Briggs+Walker will forward the request to Client, who is responsible for handling the request.

9.2 Briggs+Walker shall, to the extent possible, assist the Client in enforcing its obligation under the GDPR to conduct a data protection impact assessment (Art. 35 and 36 GDPR).

9.3 Briggs+Walker shall make available to the Client all information necessary to demonstrate Briggs+Walker’s compliance with its obligations under the GDPR.

Article 10. Termination

10.1 If this Data Processing Agreement and/or the Agreement terminates in any manner and/or at Client’s first request, Briggs+Walker shall, unless otherwise provided by mandatory law:

a. Immediately cease any use or other Processing within the meaning of the GDPR of the Personal Data, unless Client requests Briggs+Walker to continue the Processing; and

b. in any event, within five (5) business days or any time period agreed upon between Client and Briggs+Walker, ensure that all documents and/or other data carriers containing and/or relating to Personal Data (including all copies in any form) are, at Client’s option, (i) returned to Respondent in a format specified by Client and/or (ii) destroyed upon Client’s written request.

Article 11. Liability

11.1 The liability provisions of the Agreement shall apply in full to this Data Processing Agreement.

Article 12. Varia

12.1 The Personal Data will be retained for a retention period of at maximum 180 days, or any such shorter period as configured by the Client in the Platform. Briggs+Walker shall not Process Personal Data for longer than in accordance with such retention periods.

12.2 The provisions of the Agreement, including but not limited to the provisions regarding notice and/or termination, choice of law and competent court, apply in full to this Data Processing Agreement.

12.3 The obligations in this Data Processing Agreement that by their nature are intended to survive termination shall survive termination of this Data Processing Agreement.

12.4 In the event of a conflict between any provision of this Data Processing Agreement and any provision of the Agreement, the provision of this Data Processing Agreement shall prevail.

12.5 This Data Processing Agreement will be amended by mutual agreement between Client and Briggs+Walker if required by (future) applicable laws and regulations or a change in service.Field Sales MadeSmarter

Annex 1

Processing overview

1 Processing purposes Acquiring personal data of subscriptions of consumers recruited via direct sales/ field marketing.

2 Data Controller Client

3 Processor Briggs+Walker

4 Subprocessor  Microsoft Azure (Infrastructure + hosting)

5 Type of personal data Name, address, place of residence, phone number, date of birth, gender, e-mail, bank account number

6Data subjects Newly acquired consumers of the Controller for the products or services offered by the Controller.

7 Location of processing Hosting of data occurs within the EEA (European Economic Area).

8 Retention periodAfter 180 days the personal data will be anonymized/removed.Field Sales MadeSmarter

Annex 2

Technical and organizational measures

Briggs+Walker will take the appropriate technical and organizational measures referred to in Article 4 of the Data Processing Agreement to secure the Personal Data in order to ensure a level of security that is appropriate in relation to the corresponding level of risk. These measures guarantee an appropriate level of security, taking into account the state of the art and the costs of implementation, given the risk involved in the processing of Personal Data and the nature of the data to be protected. Briggs+Walker has a demonstrable and documented information security policy and operates in accordance with ISO27001 & ISO27701.

Technical measures

• A development protocol is in plan to ensure that changes in software are made securely and in compliance with security policies.

• Data is stored only in both physically and digitally well-secured data centers.

• Networks within which critical information is shared are accessible only to authorized users.

• Critical information is backed up on a regular basis. Both these backups and infrastructure configurations are available from multiple regions.

• Development assumes privacy-by-default and privacy-by-design.

• Logging is maintained of events in systems containing confidential information, and/or systems involved in processes that are susceptible to fraud. This includes both user and administrator activities.

• Encryption is used when storing data.

• Application security is applied through input validation, secure APIs, and secure encryption policies, among others.

• Where possible, 2-factor authentication is forced for end users.

• Obsolete data is automatically deleted in line with data processing agreements.

• Backup recovery and fail restore tests are performed periodically.

• Periodically, technical tests (penetration tests, etc) are performed to test security. Improvement opportunities resulting from this are implemented in a timely manner.

Organizational measures

• Briggs+Walker has appointed a security- and privacy officer who oversees all processes related to information security and privacy.

• A management protocol is in place to ensure that maintenance and checks are timely and proper.

• Both in the hiring policy and during the working period, measures are taken to assess and increase the security awareness of the employees of Briggs+Walker.

• Procedures and exercises are in place on how to deal with data breaches and security incidents.

• Authorizations are managed on a need-to-know basis and only with qualified personnel. The system owner reviews (special) access rights at appropriate intervals.

• Information security and privacy risks are identified and periodically assessed.

• Both internal and external audits for information security and privacy are conducted annually by knowledgeable and independent auditors.