Data Processing Addendum

This Data Processing Addendum ("DPA") forms part of and is subject to the provisions of Blab’s Agreement (Terms and Conditions). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

1. Definitions

"Affiliate" means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.

"Agreement" means Blab’s Terms and Conditions, which govern the provision of the Services to Customer, as such terms may be updated by Blab from time to time.

"Control" means an ownership, voting, or similar interest representing fifty percent (50%) or more of the total interests than outstanding of the entity in question. The term "Controlled" shall be construed accordingly.

"Customer Data" means any Personal Data that Blab processes on behalf of Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.

"Applicable Data Protection Laws" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, the EU Data Protection Law and the California Consumer Privacy Act (CCPA).

"Data Controller" means an entity that determines the purposes and means of the processing of Personal Data.

"Data Processor" means an entity that processes Personal Data on behalf of a Data Controller.

"EU Data Protection Law" means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).

"California Consumer Privacy Act" or "CCPA" means the California Consumer Privacy Act of 2018 after its effective date on January 1, 2020.

"EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom, and Switzerland.

"Group" means any and all Affiliates that are part of an entity's corporate group.

"Personal Data" means any information relating to an identified or identifiable natural person.

"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.

"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data.

"Services" means any product or service provided by Blab to Customer pursuant to the Agreement.

"Sub-processor" means any Data Processor engaged by Blab or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the Blab Group.

2. Relationship with the Agreement

2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.

2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.

2.4 No one other than a party to this DPA, its successors, and permitted assignees shall have any right to enforce any of its terms.

2.5 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement unless required otherwise by Applicable Data Protection Laws.

3. Scope and Applicability of this DPA

3.1 This DPA applies where and only to the extent that Blab processes Customer Data that originates from the EEA and/or that is otherwise subject to Applicable Data Protection Laws on behalf of Customer as Data Processor in the course of providing Services pursuant to the Agreement.

4. Roles and Scope of Processing

4.1 Role of the Parties. As between Blab and Customer, Customer is the Data Controller of Customer Data, and Blab shall process Customer Data only as a Data Processor acting on behalf of Customer.

4.2. Customer Processing of Customer Data. Customer agrees that (i) it shall comply with its obligations as a Data Controller under Applicable Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to Blab; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Applicable Data Protection Laws for Blab to process Customer Data and provide the Services pursuant to the Agreement and this DPA.

4.3 Blab Processing of Customer Data. Blab shall process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to Blab in relation to the processing of Customer Data and processing outside the scope of these instructions (if any) shall require a prior written agreement between Customer and Blab.

4.4 Details of Data Processing

(a) Subject matter: The subject matter of the data processing under this DPA is Customer Data.

(b) Duration: As between Blab and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.

(c) Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of Blab’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.

(d) Nature of the processing: The Services as described in the Agreement and initiated by you from time to time.

(e) Categories of data subjects: You, Your End Users, and any other individuals whose personal data is included in Content.

(f) Types of Customer Data: Your Controlled Data relating to you, your End Users, or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.

4.5 Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that Blab shall have a right to use and disclose data relating to the operation, support, and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development, and sales and marketing. To the extent any such data is considered Personal Data under Applicable Data Protection Laws, Blab is the Data Controller of such data and accordingly shall process such data in accordance with the Blab Privacy Policy and Applicable Data Protection Laws.

5. Subprocessing

5.1 Authorized Sub-processors. Customer agrees that Blab may engage Sub-processors to process Customer Data on the Customer's behalf. The Sub-processors currently engaged by Blab and authorized by Customer are listed in Annex A.

5.2 Sub-processor Obligations. Blab shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Applicable Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause Blab to breach any of its obligations under this DPA.

6. Security

6.1 Security Measures. Blab shall implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents and to preserve the security and confidentiality of the Customer Data, in accordance with Blab‘s security standards described in Annex B ("Security Measures").

6.2 Updates to Security Measures. The customer is responsible for reviewing the information made available by Blab relating to data security and making an independent determination as to whether the Services meet the Customer’s requirements and legal obligations under the Applicable Data Protection Laws. The customer acknowledges that the Security Measures are subject to technical progress and development and that Blab may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

6.3 Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Services and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Services.

7. International Transfers

Datacenter locations. Blab may transfer and process Customer Data anywhere in the world where Blab, its Affiliates, or its Sub-processors maintain data processing operations. Blab shall at all times provide an adequate level of protection for the Customer Data processed, in accordance with the requirements of the Applicable Data Protection Laws.

8. Additional Security

8.1 Confidentiality of processing. Blab shall ensure that any person who is authorized by Blab to process Customer Data (including its staff, agents, and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

8.2 Security Incident Response. Upon becoming aware of a Security Incident, Blab shall notify the Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by the Customer.

9. Changes to Sub-processors

9.1 Blab shall (i) provide an up-to-date list of the Sub-processors it has appointed upon written request from Customer; and (ii) notify Customer (for which email shall suffice) if it adds or removes Sub-processors at least 10 days prior to any such changes.

9.2 Customer may object in writing to Blab’s appointment of a new Sub-processor within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection. In such an event, the parties shall discuss such concerns in good faith with a view to achieving resolution. If this is not possible, Customer may suspend or terminate the Agreement (without prejudice to any fees incurred by Customer prior to suspension or termination).

10. Deletion of Data

Upon termination or expiration of the Agreement, Blab shall (at Customer's election) delete all Customer Data (including copies) in its possession or control, save that this requirement shall not apply to the extent Blab is required by the applicable law to retain some or all of the Customer Data, or to Customer Data, it has archived on back-up systems, which Customer Data Blab shall securely isolate and protect from any further processing, except to the extent required by applicable law.

Customers can request end user’s data by filling in a form through their account by going to Website Settings -> Advanced - Request User Data. The request will be fulfilled within 72 hours of receiving it. The customer will be notified in their email of the result of the request.

Customers can also request their data by contacting us via Email/Live Chat or filling the Data Request Form here.

A complete deletion of data might take up to 60 days from all Blab’s systems.

11. Cooperation

11.1 The Services provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, Blab shall (at Customer's expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to Blab, Blab shall not respond to such communication directly without the Customer's prior authorization, unless legally compelled to do so. If Blab is required to respond to such a request, Blab shall promptly notify the Customer and provide it with a copy of the request unless legally prohibited from doing so.

11.2 If a law enforcement agency sends Blab a demand for Customer Data (for example, through a subpoena or court order), Blab shall attempt to redirect the law enforcement agency to request that data directly from the Customer. As part of this effort, Blab may provide the Customer’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then Blab shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedies unless Blab is legally prohibited from doing so.

11.3 To the extent Blab is required under Applicable Data Protection Laws, Blab shall (at Customer's expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

12. Liability

The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Blab in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or Applicable Data Protection Laws shall reduce Blab’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.

13. Miscellaneous

You are responsible for any costs and expenses arising from Blab’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by Blab generally through the Services.

Annex A - List of Blab’s Sub-processors

Blab uses its Affiliates and a range of third-party Sub-processors to assist it in providing the Services (as described in the Agreement). These Sub-processors set out below provide cloud hosting and storage services; content delivery and review services; assist in providing customer support; as well as incident tracking, response, diagnosis, and resolution services.

Amazon Web Services (AWS)

https://aws.amazon.com/privacy/

All of Blab’s infrastructure is hosted on AWS virtual servers. Our system emails are sent through Amazon SES.

Google Analytics

https://policies.google.com/privacy

Analytics of how users are using Blab services

Braintree

https://www.braintreepayments.com/legal/braintree-privacy-policy

Used for payments on all plans or payment forms

Intercom

https://www.intercom.com/terms-and-policies#privacy

To provide live chat support

ConvertFox

https://convertfox.com/privacy

To provide live chat support

Zoho Mail

https://www.zoho.eu/privacy.html

Used for email correspondence

FreshDesk

https://www.freshworks.com/privacy/

For ticketing and support

Mailerlite

https://www.mailerlite.com/privacy-policy

For email marketing

Google Adwords

https://policies.google.com/privacy

For PPC campaigns

Calendly

https://calendly.com/pages/privacy

For meetings scheduling

Annex B - Security Measures

Security Measures as of the date of this DPA:

• Blab has certification for compliance with ISO/IEC 27001:2017 that ensures the safety of Customer Data. (available here)

• Blab maintains technical safeguards and other security measures to ensure the security and confidentiality of Customer Data. Encryption at rest and in transit between public networks is employed, as applicable, according to industry-standard practice.
• Blab's employees are introduced to the best security practices which allow them to identify Customer Data Breach and take any actions needed.
  
• Blab limits access to Customer Data to employees with a defined need-to-know or a role requiring such access.
  
• Blab maintains business continuity and backup plans in order to minimize the loss of service and comply with applicable laws. The Backup plan addresses threats to the Services and any dependencies, and has an established procedure for resuming access to, and use of, the Services. The Backup plan is evaluated and tested at regular intervals.
  
• Blab maintains policies and procedures for monitoring, testing, and applying changes to the Services, including underlying infrastructure and system components, to ensure quality standards are being met. Any vulnerabilities found will be remediated in accordance with Blab’s procedures.
  

We, The Brand Shop T/A Blab Builder (PTY) Ltd. (“Blab Builder”, “we”, “us” or “our”) via this privacy policy wish to hereby inform Blab Builder users and visitors of our websites as to the purpose, type, and extent of the processing of personal information. Our websites and services are constantly being revised and improved.

By using any of Blab Builder’s Services, you confirm you have agreed to the Terms and Conditions and read and understood this Privacy Policy as well as the Cookie Policy.

Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information following our website.

What personal information do we collect from the people that visit Blab Builder?

When registering on Blab Builder, as appropriate, you will be asked to enter your name, email address, and password to complete your registration. When submitting for paid services with Blab Builder, you will be asked to provide name, company name (optional), vat id (optional), company id(optional), address, and card info. The information is used to verify your location, verify credit card authenticity and issue the correct documentation regarding your payment. We DO NOT store credit card information with us, only the 4 digits of the card will be provided to us by the payment processor. We store all the other information on our secure servers until the termination of services when we destroy any sensible information.

The email address shall be used to send notifications regarding the Blab Builder website to the user. These notifications include for example login data, information, announcements, etc. Users always have the option to unsubscribe from the newsletter and the individual module notifications.

Information you share with us in connection with surveys, contests, or promotions.

When you use our services we collect analytical information regarding your and your customer's usage of the website. This includes IP addresses, preferences, web pages you visited before coming to our or our Users’ sites, information about your browser, network, or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services and our Users’ sites (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).

Additional information that you submit to us directly or through Third Party Services if you use a Third Party Service to create an Account (based on your privacy settings with such Third Party Service).

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to our newsletter, fill out a form, or enter information on our site. We collect information automatically when you use our

Services or Users’ sites (including via technologies like cookies).

We receive information from Third Party Services (like from our payment processor when submitting a payment, via our live chat software, etc.)

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To administer our site and for internal operations, including troubleshooting;
• To improve our services by analyzing the behavior in the platform and websites and provide a better user experience. We usually do this based on anonymous, pseudonymized, or aggregated information that does not focus on you individually.
• To send periodic emails products and services that might interest you and improve your overall experience with the platform.
• To follow up with them after correspondence (live chat, email, or phone inquiries)
• To ensure the security and integrity of our Services.
• As part of our efforts to keep our website safe and secure and to monitor actual or suspected fraudulent activity;
• Carry out retargeting advertising.
• To comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts, and law enforcement requests.

When connecting the Google Calendar application to an operator in your Booking & Appointments section in the CRM, you agree with us being able to add and remove events from your selected calendar upon setup.

We also host and process User Content for our Users. Our Users tell us what to do with User Content, and we follow their instructions. This Privacy Policy does not describe what we do with User Content on our

Users’ instructions (i.e., as their processor). If you are an End User of one of our User’s sites and want to know how a User handles your information, you should check its privacy policy. If you want to know about what we do for our purposes, read on.

If you are a User, see our Data Processing Addendum learn more about how we process User Content on your instructions or with your permission.

How do we protect your information?

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. Also, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

We believe in the complete security of your data and for that reason, we use the services of one of the leading cloud server providers - Amazon. All the data is being stored on secured, GDPR compliant Amazon Cloud Servers in The United States. To learn more on the Data Protection Addendum from Amazon, please review this PDF file

How do we share your information?

The data of Blab Builder Users shall not be sold to third parties. We shall not share or pass on any personal information without your explicit consent, unless:

• We are legally obligated to do so
• To fulfill contractual services for the Blab Builder user and/or to enforce the rights and obligations of these terms of use and the corresponding contractual relationship between the Blab Builder user and Blab Builder.
• To perform the Blab Builder service, it may be necessary for Blab Builder to employ the use of third-party services. In that case, data may be shared with the list of companies in Annex A

Your Rights

You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at support@blabBuilder.com to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address.

You can request all the collected data by filling the Data Request Form here

You have the right not to receive marketing materials via email by changing that preferences in your

Account Settings.

Please note that, for technical reasons, there can be a delay in deleting your personal information from our systems when you ask us to remove it. We also will retain personal information to comply with the law, protect our and others’ rights, resolve disputes, or enforce our legal terms or policies, to the extent permitted under applicable law.

The content on your Blab Builder website

All information that you put on your Blab Builder website can generally be viewed by other internet users. Therefore, we naturally encourage you to be careful and responsible for any personal information and confidential data you publish on your website. Please keep in mind that password-protected areas do not offer absolute protection against unauthorized access: the same applies to any files that are uploaded to password-protected websites as they can still be accessed via direct links.

As Users may have a seasonal site or come back to us after an Account becomes inactive, we don’t immediately delete your personal information when your trial expires or you cancel all Paid Services. Instead, we keep your personal information for a reasonable period, so it will be there for you if you come back.

You may delete your account by going to your Account Settings and clicking on Delete Account. Please note that the full deletion of an account might take up to 90 days from all systems of Blab Builder.

Administrative access to your Blab Builder website

Please be aware that Blab Builder team members are also authorized in specific situations to access the administration section of your Blab Builder website when fulfilling customer service requests and tracking errors. This necessarily grants them the possibility to view all parts of your Blab Builder site, including all password-protected areas.

We use cookies to:

• Authenticate you - cookies help us to verify your account and to automatically log you into your website from the same browser.
• Understand and save user's preferences for future visits
• Keep track of advertisements
• Compile aggregate data about site traffic and site interactions to offer better site experiences and tools in the future.

Third-Party Services may use cookies to help you sign into their services from our Services. Any such third-party cookie usage is governed by the policy of the third party placing the cookie.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. To learn more about Blab Builder and the cookies, please go to our Cookie Policy.

Third-party services

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

To see all the services that we use, scroll down to Annex A.

End Users’ personal information

Our customers who have created a site using Blab Builder are responsible for what they do with the personal information they collect, directly or through Blab Builder, about their End Users. This section is directed to such customers.

a. Your relationship with End Users

If you’re one of our Users, you will collect personal information about your End Users. For example, during checkout, you may ask your End Users to provide their name, address, email address, and payment information so that you can complete their orders. You may also use cookies and similar technologies to analyze usage and other trends.

You're solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them from us or using Blab Builder functionality or cookies or similar technologies. To learn more on how to make your website GDPR compliant you can check our blog post -

You must publish your privacy and cookie policy and comply with them.

We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using Blab Builder functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.

b. End-User payment information

Your End Users’ payment information may be processed via third-party eCommerce Payment Processors with which you integrate your Account, following such eCommerce Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.

Updates to this Privacy Policy

We’ll update this Privacy Policy from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Privacy Policy and post it on our sites. If we make material changes to it or the ways we process personal information, we’ll notify you (by, for example, prominently posting a notice of the changes on our sites before they take effect or directly sending you a notification).

We encourage you to check back periodically to review this Privacy Policy for any changes since your last visit. This will help ensure you better understand your relationship with us, including the ways we process your personal information.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

The Brand Shop (PTY) Ltd.

Newtown

Maun, Botswana

support@Blabbuilder.com

Annex A

Amazon Web Services (AWS)

https://aws.amazon.com/privacy/

All of Blab’s infrastructure is hosted on AWS virtual servers. Our system emails are sent through Amazon SES.

Google Analytics

https://policies.google.com/privacy

Analytics of how users are using our website

Google Calendar

https://policies.google.com/privacy

Create or delete events via the booking functionality

Facebook

https://www.facebook.com/privacy/explanation

Facebook is used for re-targeting of customers

Braintree

https://www.braintreepayments.com/legal/braintree-privacy-policy

Used for payments on all plans or payment forms

Intercom

https://www.intercom.com/terms-and-policies#privacy

To provide live chat support and notify for product updates

ConvertFox

https://convertfox.com/privacy

To provide live chat support and notify for product updates

ZohoMail

https://www.zoho.eu/privacy.html

Used for email correspondence

FreshDesk

https://www.freshworks.com/privacy/

For ticketing and support

Mailerlite

https://www.mailerlite.com/privacy-policy

For email marketing and notifications for product updates

Google Adwords

https://policies.google.com/privacy

For PPC campaigns

Calendly

https://calendly.com/pages/privacy

For meetings scheduling