Data Processing Addendum

This GDPR Data Processing Addendum (“DPA”) forms an integral part of our Master Subscription Agreement. This denotes that all our customers can rely on our GDPR DPA terms whenever they use/purchase/subscribe/access our services or provide us with their personal information. 

This DPA document forms an agreement between Schoole (Schoole, Data Processor) and the Customer (Client, Data Controller) (together Parties) for subscription or purchase of services (included in Annex 1).  

By taking these services, Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its authorized Affiliates, if and to the extent Schoole processes Personal Data for which such authorized Affiliates qualify as the Controller. For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and authorized Affiliates . All capitalized terms not defined herein shall have the meaning set forth in the Agreement. 

In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be applicable to enter in this Data Processing Addendum.

Relevance of this DPA

• If a Customer purchase or subscribes any service provided by the company then they automatically enters this DPA.
• If a Customer entering this DPA is a party to the earlier signed Agreement, this DPA is an addendum to and forms part of that Agreement. In such case, Company’s entity that is a party to the Agreement is a party to this DPA. 
• If the Customer entity entering this DPA has executed an Order Form with Schoole or its Affiliate pursuant to the Agreement, this DPA is an addendum to that Order Form and applicable renewal Order Forms.

Data Processing Terms

Definitions

In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly

1. “Applicable Laws” means (a) European Union or Member State laws with respect to any Organization’s Personal Data in respect of which any Organization’s Member is subject to EU Data Protection Laws; and (b) any other applicable law with respect to any Company Personal Data in respect of which any Company Group Member is subject to any other Data Protection Laws
2. “Company Affiliate” means an entity that owns or controls, is owned or controlled by or is under common control or ownership with Company, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise
3. “Company Group Member” means Company or any Company Affiliate
4. “Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of a Company Group Member pursuant to or in connection with the Agreement
5. “Contracted Processor” means Vendor or a Subprocessor
6. “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country
7. “EEA” means the European Economic Area
8. “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR
9. “GDPR” means EU General Data Protection Regulation 2016/679
10. “Restricted Transfer” means:
    1. transfer of Personal Data from any Company Group Member to a Contracted Processor; or
    2. an onward transfer of Company Personal Data from a Contracted Processor to a Contracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of the Standard Contractual Clauses to be established under section 9.
11. “Services” means the services and other activities to be supplied to or carried out by or on behalf of Vendor for Company Group Members pursuant to the Principal Agreement
12. “Standard Contractual Clauses” means the contractual clauses set out in Annex 3
13. “Subprocessor” means any person (including any third party and any Vendor Affiliate, but excluding an employee of Vendor or any of its subcontractors) appointed by or on behalf of Vendor or any Vendor Affiliate to Process Personal Data on behalf of any Company Group Member in connection with the Agreement.

Data Processing 

1. Scope and Roles  This DPA applies when Customer Data is processed by Schoole. In this context, Schoole will act as “processor” to Customer who will act as “controller” (as each term is defined in the GDPR).
2. Customer Controls The Services provide Customer with a number of controls, including security features and functionalities, that Customer may use to retrieve, correct, delete or restrict Customer Data as described in the Documentation. Customer may use these controls as technical and organisational measures to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects.
3. Details of Data Processing 
   1. • Subject matter. The subject matter of the data processing under this DPA is Customer Data. 
      • Duration. As between Schoole and Customer, the duration of the data processing under this DPA is determined by Customer. 
      • Purpose. The purpose of the data processing under this DPA is the provision of the Services initiated by Customer from time to time.
      • Nature of the processing. Compute, storage and such other Services as described in the Documentation and initiated by Customer from time to time. 
      • Type of Customer Data. Customer Data uploaded to the Services under Customer’s accounts. 
      • Categories of data subjects. The data subjects may include Customer’s customers, employees, suppliers and end-users (teachers, students).

1. Compliance with Laws Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of this DPA, including the GDPR.

Confidentiality of Customer Data

Schoole will not access or use, or disclose to any third party, any Customer Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body. If a governmental body sends Schoole a demand for Customer Data, Schoole will attempt to redirect the governmental body to request that data directly from Customer. As part of this effort, Schoole may provide Customer’s basic contact information to the governmental body. If compelled to disclose Customer Data to a governmental body, then Schoole will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless Schoole is legally prohibited from doing so.

Rights of a Data Subject

Binding to GDPR, this DPA provides Data Subject’s with right of access, right to rectification, restriction of Processing, erasure (”right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making.

Customer Instructions

The parties agree that this DPA constitute Customer’s documented instructions regarding Schoole’s processing of Customer Data (“Documented Instructions”). Schoole will process Customer Data only in accordance with Documented Instructions. Additional instructions outside the scope of the Documented Instructions (if any) require prior written agreement between Schoole and Customer, including agreement on any additional fees payable by Customer to Schoole for carrying out such instructions. Customer is entitled to terminate this DPA and the Agreement if Schoole  declines to follow instructions requested by Customer that are outside the scope of, or changed from, those given or agreed to be given in this DPA.

Security

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, Schoole shall in relation to the Customer’s Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
2. In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

Sub-processing 

Customer agrees that Schoole may use sub-processors to fulfill its contractual obligations under this DPA or to provide certain services on its behalf, such as providing cloud services. The customer can demand the list of sub-processors and has the right to object any of the sub-processor and Schoole shall try to find a way out to fulfil the need. Customer consents to Schoole’s use of sub-processors as described in this Section. Except as set forth in this Section, or as Customer may otherwise authorise, Schoole will not permit any sub-processor to carry out processing activities on Customer Data on behalf of Customer.

Schoole authorises its sub-processors as described below;

1. Schoole will restrict the sub-processor’s access to Customer Data only to what is necessary to maintain the Services or to provide the Services to Customer and any End Users in accordance with the Documentation and Schoole will prohibit the sub-processor from accessing Customer Data for any other purpose
2. Schoole will enter into a written agreement with the sub-processor and, to the extent that the sub-processor is performing the same data processing services that are being provided by Schoole under this DPA
3. Schoole will remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the sub-processes that cause Schoole to breach any of its obligations under this DPA

Security breach incident

Schoole will (a) notify Customer of a Security Incident without undue delay after becoming aware of the Security Incident, and b) take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident. Schoole shall make reasonable efforts to identify the cause of such Customer Data Incident and take those steps as necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within Schoole’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users.

Transfer of Personal Data

1. Regions. Customer may specify the location(s) where Customer Data will be processed within Schoole’s server locations. Once Customer has made its choice, Schoole will not transfer Customer Data from Customer’s selected Region(s) except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses.
   
   
2. Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognised by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR). The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses (or obligations the same as those under the Standard Contractual Clauses) will not apply if Schoole has adopted Binding Corporate Rules for Processors or an alternative recognised compliance standard for the lawful transfer of personal data (as defined in the GDPR) outside the EEA.

Termination of the DPA

This DPA shall continue in force until the termination of the Agreement (the “Termination Date”).

Return or Deletion of Customer Data

The Services provide Customer with controls that Customer may use to retrieve or delete Customer Data as described in the Documentation. Up to the Termination Date, the Customer will continue to have the ability to retrieve or delete Customer Data in accordance with this Section. For 90 days following the Termination Date, Customer may retrieve or delete any remaining Customer Data from the Services, subject to the terms and conditions set out in the Agreement, unless prohibited by law or the order of a governmental or regulatory body or it could subject Schoole or its Affiliates to liability. No later than the end of this 90 day period, Customer will close all Schoole accounts. Schoole will delete Customer Data when requested by Customer by using the Service controls provided for this purpose by them.

Duties to Inform

Where Customer Data becomes subject to confiscation during bankruptcy or insolvency proceedings, or similar measures by third parties while being processed by Schoole, the company will inform Customer without undue delay. Schoole will, without undue delay, notify all relevant parties in such action (e.g. creditors, bankruptcy trustee) that any Customer Data subjected to those proceedings is Customer’s property and area of responsibility and that Customer Data is at the Customer’s sole disposition.

Entire Agreement; Conflict

Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between any other agreement between the parties including the Agreement and this DPA, the terms of this DPA will control, except that the Service Terms will control over this DPA.

Annex 1:List of Services Provided by Schoole 

Schoole as an EdTech company offers below mentioned services: 

• Managed hosting 
• Software development and customisation 
• Software integration 
• E-learning consulting 

Schoole as an official Moodle partner provides below mentioned Moodle services: 

• Moodle hosting 
• Moodle mobile app development 
• Integration 
• Customisation 
• Training 
• E-Commerce services 
• Support

Annex 2:Details of Data Processing

Nature and Purpose of Processing

Schoole will Process Personal Data as necessary to perform the Services pursuant to the Agreement, as further specified in the Documentation, and as further instructed by Customer in its use of the Services. 

Duration of Processing 

Subject to Section 10 of the DPA, Schoole will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing. 

Categories of Data Subject  

Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects: 

• Details of employees (e.g. teachers) 
• Details of other end users (e.g. students)

Type of Personal Data 

Customer may submit Personal Data to the Services, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data: 

• First and last name 
• Title 
• Position 
• Organisation’s name 
• Contact information (email, phone, physical business address) 
• ID data 
• Localisation data

Annex 3:Standard Contractual Clauses

Standard Contractual Clauses (processors)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection 

The entity identified as “Customer” in the DPA (the “data exporter”) 

and 

Schoole Corporation, 3824 Cedar Springs Rd #801-5501 Dallas, TX 75219 

(the “data importer”)

each a “party”; together “the parties”, 

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1:Definitions 

For the purposes of the Clauses:

• ‘personal data‘, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
• ‘the data exporter‘ means the controller who transfers the personal data; 
• ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

• ‘the subprocessor‘ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
• ‘the applicable data protection law‘ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; 

‘technical and organisational security measures‘ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2:Details of the transfer 

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3:Third-party beneficiary clause

1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary. 
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4:Obligations of the data exporter 

The data exporter agrees and warrants: 

1. 1. that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
   2. that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses; 
   3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
   4. that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
   5. that it will ensure compliance with the security measures; 
   6. that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
   7. to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
   8. to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
   9. that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
   10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5:Obligations of the data importer 

The data importer agrees and warrants: 

1. 1. to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; 
   2. that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
   3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
   4. that it will promptly notify the data exporter about:
   5. any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation, 
   6. any accidental or unauthorised access, and 
   7. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
   8. to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
   9. at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
   10. to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
   11. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
   12. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
   13. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6:Liability

1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered. 
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities. 
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7:Mediation and jurisdiction

1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: 
   • to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; 
   • to refer the dispute to the courts in the Member State in which the data exporter is established. 
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8:Cooperation with supervisory authorities

1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. 
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9:Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10:Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11:Subprocessing

1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter.Where the data importer subcontracts its obligations under Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement. 
2. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring a claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses. 
3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. 
4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Clause 12:Obligation after the termination of personal data processing services

1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. 
2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

Appendix 1:To The Standard Contractual Clauses

Data exporter 

The data exporter is the entity identified as “Customer” in the DPA 

Data importer 

The data importer is Schoole Edusystems Private Limited

Data subjects 

Data subjects are defined in Section 2.3 of the DPA. 

Categories of data 

The personal data is defined in Section 2.3 of the DPA. 

Processing operations 

The personal data transferred will be subject to the following basic processing activities (please specify): The processing operations are defined in Section 2.3 of the DPA.

Appendix 2:To The Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed by the parties. 

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached): 

The technical and organisational security measures implemented by the data importer are as described in the DPA.