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DATA PROCESSING AGREEMENT

[Last Updated: June 13, 2026]

This Data Processing Agreement (“DPA”) is by and between Howazit Ltd. (“Howazit”), and the customer, named in the order form to which this DPA is ancillary to (“Customer”), forms part of, and governed by Howazit Terms and Conditions available on Company’s website, or which was otherwise entered into in writing, and any other agreement (“Agreement”). Howazit and Customer shall each be referred to as “party” and collectively as “parties”.

This DPA shall be effective as of the Agreement comes into effect in accordance with its terms (“Effective Date”). The term of this DPA coincides with the term of the Agreement and terminates upon expiration or earlier termination of the Agreement or, if later, the date on which Howazit ceases all Processing of Customer Data.

All capitalized terms not defined herein shall have the meaning set forth in the Agreement.

WHEREAS, Howazit provides Customer with Howazit’s products and services, governed under the Agreement (“Service”) and the applicable order form; and

WHEREAS, the Services require Howazit to Process Customer Data, which may include Personal Data (as such terms are defined below) on Customer’s behalf, subject to the terms and conditions of this DPA and applicable Data Protection Laws.

Definitions

  1. “Adequate Country” is a country that received an adequacy decision from the European Commission or other applicable data protection authority.
  2. The terms “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” (and “Process”), “Processor”, “Holder”, “Special Categories of Personal Data”, “Sensitive Data” and “Supervisory Authority”, shall all have the same meanings as ascribed to them under the applicable Data Protection Laws. Further, under this DPA: “Data Subject” shall also mean and refer to a “Consumer”, “Personal Data” shall also mean and refer to “Special Categories of Data” or “Highly Sensitive Data” shall also mean and refer to “Sensitive Data”.
  3. “Customer Data” means any Personal Data the Customer uploads or otherwise uses in connection with the Services Processed by Howazit in the course of providing the Services, all as detailed in Annex I attached herein.
  4. “Data Protection Law” means any and all applicable privacy and data protection laws and regulations (including, where applicable, EU Data Protection Law, UK Data Protection Laws, Swiss Data Protection Laws, and Israeli Law) as may be amended or superseded from time to time.
  5. “Data Privacy Framework” or “DPF” means the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework self-certification programs (as applicable) operated by the U.S. Department of Commerce; as may be amended, superseded, or replaced.
  6. “DPF Principles” means the Principles and Supplemental Principles available at: https://www.dataprivacyframework.gov/program-articles/Participation-Requirements-Data-Privacy-Framework-(DPF)-Principles ; as may be amended, superseded or replaced.
  7. “EEA” means the European Economic Area.
  8. “European Data Protection Law” means, collectively, the laws and regulations of the European Union, the EEA, their member states, and the United Kingdom, applicable to the Processing of Personal Data, including (where applicable): (i) “EU Data Protection Laws”- EU General Data Protection Regulation (Regulation 2016/679) (“EU GDPR”); Regulation 2018/1725; and the e-Privacy Directive (Directive 2002/58/EC), as amended (e-Privacy Law); (ii) “UK Data Protection Laws” – the Data Protection Act 2018 (DPA 2018), as amended, and EU GDPR as incorporated into UK law as amended (“UK GDPR”and collectively with the EU GDPR shall be referred to herein as the “GDPR”); (iii) “Swiss Data Protection Laws” or “FADP” – the Swiss Federal Data Protection Act (dated June 19, 1992, as of March 1, 2019) (“FDPA”) and the Ordinance on the Federal Act on Data Protection (“FODP”); (iv) any national data protection laws made under, pursuant to, replacing or succeeding the EU GDPR or the e-Privacy Law; (v) any amendment or legislation replacing or updating any of the foregoing; and (vi) any judicial or administrative interpretation of any of the above, including any binding judicial or administrative interpretation of any of the above, or approved certification mechanisms issued by any relevant Supervisory Authority.
  9. “Instructions” means the written, documented instructions provided by the Customer to Howazit directing Howazit to perform a specific or general action with regard to Customer Data.
  10. “Israeli Data Protection Laws” means, collectedly, the: (i) Israeli Protection of Privacy Law, 5741-1981 (as amended under Amendment 13); (ii) the regulations promulgated pursuant thereto, including the Israeli Protection of Privacy (Data Security) Regulations, 5777-2017 and the Israeli Protection of Privacy (Transfer of Data to Databases Abroad) Regulations, 5761-2001; (iii) any amendments or legislation replacing or updating any of the foregoing; and (iv) any judicial or administrative interpretation of any of the above, including any binding guidance, guidelines, codes of practice, approved codes of conduct or certification mechanisms approved by the Israeli Privacy Protection Authority.
  11. “Security Incident” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data. Any Personal Data Breach will comprise a Security Incident.
  12. “Standard Contractual Clauses” or “SCCs” means: (i) the standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council adopted by the European Commission Decision 2021/914 of 4 June 2021, which may be found at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN and incorporated herein by reference (“EU SCC”); (ii) the UK “International Data Transfer Addendum to the European Commission Standard Contractual Clauses” available at: available at: https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf and incorporated herein by reference (“UK SCC”); or (iii) the applicable standard data protection clauses issued, approved or recognized by the Swiss Federal Data Protection and Information Commissioner (“Swiss SCC”).

Roles and Details of Processing

  1. The parties agree and acknowledge that under the performance of their obligations set forth in the Agreement, and with respect to the Processing of Customer Data, Howazit is acting as a Data Processor and Customer is acting as a Data Controller. Notwithstanding the above, Howazit is the owner and Data Controller of the Usage Data (as defined in the Agreement) and other account information, such as contact information, transactions and other data which is used to manage the customer relationship, provide support, repair bugs, facilitate security, optimize the user experience, provide maintenance and carry out core business functions such as accounting, billing, and filing taxes.
  2. The Customer shall be exclusively responsible to ensure its Instructions are compliant with applicable Data Protection Laws and enable a lawful Processing of Customer Data, including by obtaining any required consent and providing any required disclosures under applicable Data Protection Laws.
  3. The subject matter and duration of the Processing carried out by Howazit on behalf of the Customer, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects are described in Annex I attached hereto.
  4. For the purposes of providing the Services, Customer shall inform Howazit and provide prior written notice in the event the Customer disclose, transfer, or otherwise make available to Howazit any information that constitutes “Sensitive Personal Information”, “Sensitive Data”, “Sensitive Data Inferences”, “Highly Sensitive Data”, or “Special Categories of Personal Data” as those terms are defined under Data Protection Laws.

Processing of Personal Data

  1. Howazit represents and warrants that it shall Process Customer Data, on behalf of the Customer, solely for the purpose of providing the Services, all in accordance with Customer’s Instructions. Notwithstanding the above, in the event Howazit is required under applicable laws, including Data Protection Law, to Process Customer Data other than as instructed by Customer, it shall make its best efforts to inform the Customer of such requirement prior to Processing such Customer Data, unless prohibited under applicable law.
  2. Howazit shall inform Customer without undue delay in the event that, according to Howazit’s reasonable discretion, any of Customer’s Instructions infringes applicable laws, and Howazit shall have the right to immediately cease and suspend any such Processing activity related to the infringing Instruction.
  3. Howazit shall provide reasonable cooperation and assistance to the Customer in ensuring compliance with its obligation to carry out data protection impact assessments and prior consultations with Supervisory Authorities or other competent data privacy authorities to the extent required under applicable Data Protection Laws, provided that, Howazit shall only be required to assist as for information which is reasonably available to Howazit and Customer does not have reasonable access to such information.
  4. Howazit shall ensure: (i) the reliability of its staff and any other person acting under its supervision who may come into contact with, or otherwise have access to and Process Customer Data; and (ii) that persons authorized to Process the Customer Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Data Subjects Rights and Requests

  1. It is agreed that where Howazit receives a data subject request or a request from a regulator or authority in respect to Customer Data, where applicable, Howazit will notify the Customer of such request promptly and direct the Data Subject or the applicable authority to the Customer in order to enable the Customer to respond directly to the Data Subject’s or the applicable authority’s request, unless otherwise required under applicable laws or prohibited.
  2. Howazit reasonably cooperate and assist Customer in responding to such request, provided that the Customer cannot reasonably fulfill such obligations independently with help of available in the documentation, the website or any other self-service feature provided by Howazit.

Sub-processing

  1. The Customer acknowledges that Howazit may transfer Customer Data to and otherwise interact with third party data Processors (“Sub-Processor”). The Customer hereby authorizes Howazit to engage and appoint such Sub-Processors as listed in Annex III, to Process Customer Data, as well as permits each Sub-Processor to appoint a Sub-Processor on its behalf. Howazit may continue to use those Sub-Processors already engaged by it, as listed in Annex III, or to engage an additional or replace an existing Sub-Processors to Process Customer Data, subject to the provision of a thirty (30) days prior notice of its intention to do so to the Customer (via email correspondence). In case the Customer has not objected to the adding or replacing of a Sub-Processor within such notice period, such Sub-Processor shall be deemed approved by the Customer. In the event the Customer objects to the adding or replacing of a Sub-Processor, within such notice period, Howazit may, under Howazit sole discretion, suggest the engagement of a different Sub-Processor for the same course of services, or otherwise terminate the Agreement where the Services cannot be reasonably provided under such circumstances, without liability to Customer.
  2. Howazit may update the list of Sub-processors online, available at: https://www.howazit.com/subcontractors-list/ which contains a mechanism for Customer to subscribe to notifications of new sub-contractors.
  3. Howazit shall, where it engages any Sub-Processor, impose, through a legally binding contract between Howazit and the Sub-Processor, data protection obligations that are no less onerous than, and provide at least the same level of protection as, those set out in this DPA. Howazit shall ensure that such contract will require the Sub-Processor to provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the Processing will meet the requirements of Data Protection Laws.
  4. Howazit shall remain responsible to the Customer for the performance of the Sub-Processor’s obligations in accordance with this DPA.

Technical and Organizational Measures

  1. Taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, and without prejudice to any other security standards agreed upon by the parties, Howazit hereby confirms that it has implemented and will maintain appropriate physical, technical and organizational measures to protect the Customer Data as required under Data Protection Laws to ensure lawful Processing of Customer Data and safeguard Customer Data from unauthorized, unlawful or accidental processing, access, disclosure, loss, alteration or destruction.
  2. The parties acknowledge that security requirements are constantly changing, and that effective security requires the frequent evaluation and regular improvement of outdated security measures.
  3. The security measures implemented and maintained by Howazit are further detailed in Annex II.

Security Incident

  1. Howazit will notify the Customer without undue delay upon becoming aware of any Security Incident involving the Customer Data and will take necessary steps to remediate, minimize any effects of and investigate any Security Incident and to identify its cause. Upon Customer’s request, Howazit will reasonably co-operate with the Customer and provide the Customer with such assistance and information as it may reasonably require in connection with the containment, investigation, or mitigation of the Security Incident.
  2. Howazit will notify the Customer in writing and will keep the Customer informed of any material developments in connection with the Security Incident. Howazit’s notification or compliance with its obligations under this Section shall not be construed as an acknowledgment by Howazit of any fault or liability with respect to the Security Incident.

Audit Rights

  1. Howazit shall maintain accurate written records of any and all the Processing activities carried out under this DPA and shall make such records available to the Customer upon 30-day prior written request, and not more than once per twelve (12) months during the Term of the Agreement. Such records provided shall be considered Howazit’s Confidential Information and shall be subject to confidentiality obligations.
  2. In the event the records and documentation provided subject to Section 8.1 above are reasonably determined as not sufficient for the purpose of demonstrating compliance, Customer may audit Howazit compliance with this DPA and Data Protection Laws by requesting a certificate issued for security verification reflecting the outcome of an audit conducted by a third party auditor (e.g., ISO27001 certificate) or a comparable certification or other security certification of an audit conducted by a third-party auditor, within twelve (12) months as of the date of Customer’s request.
  3. Alternatively, in the event the records and documentation provided subject to Section 8.1 and 8.2 above are not sufficient for the purpose of demonstrating compliance, Howazit shall make available, solely upon prior reasonable written notice and no more than once per calendar year, to a reputable auditor nominated by the Customer, information necessary to reasonably demonstrate compliance with this DPA and Data Protection Laws, and shall allow for audits, including inspections, by such reputable auditor solely in relation to the Processing of the Customer Data (“Audit”) in accordance with the terms and conditions hereunder. The auditor shall be subject to standard confidentiality obligations (including towards third parties). Howazit may object to an auditor appointed by the Customer in the event Howazit reasonably believes the auditor is not suitably qualified or is a competitor of Howazit. Customer shall bear all expenses related to the Audit and shall (and ensure that each of its auditors shall) over the course of such Audit, avoid causing any damage, injury, or disruption to Howazit’s premises, equipment, personnel and business while its personnel are on those premises in the course of such Audit.
  4. Nothing in this DPA will require Howazit to either disclose to Customer or its third-party auditor, or to allow Customer or its third-party auditor to access: (i) any data of any other Howazit’s customer; (ii) Howazit’s internal accounting or financial information; (iii) any trade secret of Howazit or its Affiliates; (iv) any information that, in Howazit’s reasonable opinion, could compromise the security of any Howazit’s systems or cause any breach of its obligations under applicable law or its security or privacy obligations to any third party; or (v) any information that Customer or its third-party auditor seeks to access for any reason other than the good faith fulfillment of Customer’s obligations under the Data Protection Laws.

Cross Border Personal Data Transfers

  1. Howazit shall ensure any recipients of Customer Data, including recipients of onward transfers are recognized as Adequate Country or certified under the DPF. Further, where European Data Protection Laws apply Howazit will not transfer Customer Data originating from the EEA, UK or Switzerland, unless it takes all such measures as are necessary to ensure the transfer is in compliance with European Data Protection Laws. Such measures may include (without limitation): (i) transferring such Customer Data to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, including to an Adequate Country or data privacy and transfer frameworks; (ii) to a recipient that has achieved binding corporate rules authorization in accordance with applicable Data Protection Law; or (iii) to a recipient that has executed the Standard Contractual Clauses.
  2. When Customer and Howazit rely on the SCC to facilitate a transfer to a third country the following shall apply:
    1. For Transfer of Customer Data from the EEA the EU SCC shall apply and completed as follows: (1) Module II (Controller to Processors) will apply; (2) In Clause 7 the optional docking clause will not apply; (3) In Clause 9, option 2 (general written authorization) shall apply for the Sub-Processors listed under Annex III and the method for appointing Sub-Processor shall be as set forth in the Sub-Processing Section of the DPA; (4) In Clause 11, the optional language will not apply, and Data Subjects shall not be able to lodge a complaint with an independent dispute resolution body; (5) In Clause 17, option 1 shall apply, and the EU SCC shall be governed by the law of the Republic of Ireland; (6) In Clause 18(b) the parties choose the competent courts of the Republic of Ireland, as their choice of forum and jurisdiction; (7) Annex I(A) of the EU SCC is completed as follows: Customer is the Data Exporter, Howazit is the Data Importer, the parties’ contact details Agreement Effective Date; Annex I(B) of the EU SCC is completed as set out in Annex I of this DPA; Annex I(C) of the EU SCC shall identify the competent supervisory authority/ies as the supervisory authority Republic of Ireland; (8) Annex II of the EU SCC is deemed completed with the information set out in Annex II of this DPA; (9) Annex III of the EU SCC shall be completed with the list of Sub-Processors set out in Annex III of this DPA.
    2. For transfer of Customer Data from the UK, the UK SCC shall apply and completed as follows: (1) Table 1 shall be completed as set forth in section (a)(7) above; (2) Table 2 shall be completed as set forth in Section (a)(1) – (a)(4) above; (3) Tables 3 shall be completed as follows: Annex 1A shall be completed with relevant information as set out in Section (a)(7) above; Annex 1B shall be completed with relevant information as set out in Annex I of this DPA; Annex II shall be completed with relevant information as set out in Annex II of this DPA; Annex III shall be completed with the list of sub-processors set out in Annex III of this DPA; (4) Table 4 shall be completed with the “neither party” option; and (5) Any conflict between the terms of the EU SCC and the UK SCC will be resolved in accordance with Section 10 and Section 11 of the UK SCC.
    3. For transfer of Customer Data from Switzerland, the Swiss SCC shall apply in with following modifications (i) references to “Regulation (EU) 2016/679” will be interpreted as references to the Swiss DPA; (ii) references to “EU”, “Union” and “Member State law” will be interpreted as references to Swiss law; and (iii) references to the “competent supervisory authority” and “competent courts” will be replaced with the “the Swiss Federal Data Protection and Information Commissioner” and the “relevant courts in Switzerland”.

Term, Termination and Conflict

  1. This DPA shall be effective as of the Effective Date and shall remain in force until the Agreement terminates or as long as Howazit Processes Customer Data.
  2. Following the termination or expiration of this DPA, Howazit shall, upon Customer’s written request, delete all Customer Data Processed on behalf of the Customer and certify to the Customer that it has done so, or, return all Customer Data to the Customer and delete existing copies, unless applicable law or regulatory requirements requires that Howazit continue to store Customer Data. Until the Customer Data is deleted or returned, the parties shall continue to ensure compliance with this DPA. Customer’s choice shall be provided in writing to Howazit, following effect of termination. Notwithstanding the above, in any event following two (2) years from expiration or termination any personal data shall be automatically deleted.
  3. In the event of a conflict between the terms and conditions of this DPA and the Agreement, this DPA shall prevail. For the avoidance of doubt, in the event Standard Contractual Clauses have been executed between the parties, the terms of the Standard Contractual Clauses shall prevail over those of this DPA. Except as set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect.

Annex I — Details of Processing

This Annex I includes certain details of the Processing of Personal Data as required under the Data Protection Laws.

Categories of Data Subjects
The Customer Data, including the Customer’s end users.
Categories of Personal Data
Any category of Customer Data which Customer chooses to upload to the Company’s platform, including, as applicable: data subjects’ names, phone numbers.
Special Categories of Personal Data
On a case by case bases, it is Customer’s responsibility to inform Howazit in the event Special Categories of Personal Data is processed.
Nature of the processing
Collection, storage, organization, communication, transfer, host and other types of Processing for the purpose of providing the Services as set out in the Agreement.
Purpose(s) of Processing
To provide the Services.
Retention Period
For as long as is it necessary to provide the Services by Howazit, and upon termination or expiration of the Agreement, and up to two (2) years thereafter, Howazit will delete or destroy any Personal Data as requested by the Customer.
Process Frequency
Continuous basis.

Annex II — Technical and Organizational Measures

Howazit shall implement and maintain current and appropriate technical and organizational measures to protect Customer Data against accidental, unauthorized or unlawful Processing and against accidental loss, destruction, damage, alteration, disclosure or access.

  • Conduct annual penetration tests and monthly vulnerability checks.
  • Maintain a level of security appropriate to the harm that may result from any unauthorized or unlawful Processing or accidental loss, destruction, damage, denial of service, alteration or disclosure, and appropriate to the nature of Customer Data.
  • Oblige its employees, agents or other persons to whom it provides access to Customer Data to keep it confidential; take reasonable steps to ensure the integrity of any employees who have access to Customer Data; provide annual training to staff and subcontractors on the security requirements contained herein.
  • Maintain a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing of Customer Data, regularly testing such measures to validate their appropriateness and effectiveness, and implementing corrective action where deficiencies are revealed by such testing.
  • Log all individuals’ access to and activities on systems and at facilities containing Customer Data.
  • Adhere password policies for standard and privileged accounts consistent with industry best practices; protect both Howazit’s and Customer’s user accounts by using multi-factor authentication;
  • Store and transmit Customer Data using strong cryptography, consistent with industry best practices, and pseudonymize Personal Data where appropriate;
  • If applicable, any connection to Customer’s networks shall be via secured means, such as Virtual Private Network (VPN), without split tunneling, and utilizing strong cryptography consistent with industry best practices;
  • Ensure that only those personnel who need to have access to Customer Data are granted access, such access is limited to the least amount required, and only granted for the purposes of performing the Services and the obligations under this DPA. Howazit shall conduct access reviews upon each individual’s scope of responsibility change, staffing change or other change impacting the access to Customer Data.

Annex III — List of Sub-Processors

https://www.howazit.com/subcontractors-list/

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