Industrial Color, Inc. (“Industrial Color”) and the counterparty agreeing to these terms (“Customer”) have entered into the Terms of Services for the provision of the Processor Services (as amended from time to time, the “TOS”).

These Data Processing Terms (including the appendices, “Data Processing Terms”) are entered into by Industrial Color and Customer and supplement the TOS. These Data Processing Terms will be effective and replace any previously applicable terms relating to their subject matter (including any data processing amendment or data processing addendum relating to the Processor Services), from the Terms Effective Date.

If you are accepting these Data Processing Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Data Processing Terms; (b) you have read and understand these Data Processing Terms; and (c) you agree on behalf of Customer, to these Data Processing Terms. If you do not have the legal authority to bind Customer, please do not accept these Data Processing Terms.

1.1 1. Introduction

These Data Processing Terms reflect the parties’ agreement on the terms governing the processing and security of Personal Data in connection with the Data Protection Legislation.

1.2 2. Definitions and Interpretation

2.1 In these Data Processing Terms:

“Additional Product” means a product, service or application provided by Industrial Color or a third party that: (a) is not part of the Processor Services; and (b) is accessible for use within the user interface of the Processor Services or is otherwise integrated with the Processor Services.

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.

“Customer” means the person or entity (i) who has subscribed to the Industrial Color Products and Services and/or created a Company Account with Industrial Color; and (ii) has specifically authorized as an Authorized User to access Industrial Color Products and Services under their Company Account subject to TOS.

“Industrial Color Affiliate Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Data Incident” means a breach of Industrial Color’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data on systems managed by or otherwise controlled by Industrial Color. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

“Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

“Data Subject” means an identified and identifiable natural person.

“Data Subject Tool” means a tool (if any) made available by Industrial Color to data subjects that enables Industrial Color to respond directly and in a standardized manner to certain requests from data subjects in relation to Personal Data (for example, online advertising settings or an opt-out browser plugin).

“EEA” means the European Economic Area.

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

“Google” means the Google Entity that is party to the reseller agreement with Industrial Color.

“Google Entity” means Google LLC, Google Ireland Limited or any other Affiliate of Google LLC.

“ISO 27001 Certification” means ISO/IEC 27001:2013 certification or a comparable certification for the Processor Services.

“Notification Email Address” means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means provided by Industrial Color, to receive certain notifications from Industrial Color relating to these Data Processing Terms.

“Privacy Shield” means the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.

“Processor Services” mean access to the globaledit’s Suite of Applications and/or Ancillary Software including globaledit Apps, globaledit Transport, and professional services including set up, analysis, and training.

“Security Documentation” means the certificate issued for the ISO 27001 Certification and any other security certifications or documentation that Industrial Color may make available in respect of the Processor Services.

“Security Measures” has the meaning given in Section 7.1.1 (Industrial Color’s Security Measures).

“Subprocessors” means third parties authorized under these Data Processing Terms to have logical access to and process Personal Data in order to provide parts of the Processor Services and any related technical support.

“Term” means the period from the Terms Effective Date until the end of Google’s provision of the Processor Services under the TOS.

“Terms Effective Date” means, as applicable:

(a) 25 May 2018, if Customer agreed to these Data Processing Terms before or on such date; or

(b) the date on which Customer agreed to these Data Processing Terms, if such date is after 25 May 2018.

“Third Party Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).

2.2 The terms “controller”, “data subject”, “personal data”, “processing”, “processor” and “supervisory authority” as used in these Data Processing Terms have the meanings given in the GDPR.

2.3 Any phrase introduced by the terms “including”, “include” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms. Any examples in these Data Processing Terms are illustrative and not the sole examples of a particular concept.

2.4 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.

3. Duration of these Data Processing Terms

These Data Processing Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, remain in effect until, and automatically expire upon, deletion of all Personal Data by Industrial Color as described in these Data Processing Terms.

4. Application of these Data Processing Terms

4.1 Application of Data Protection Legislation. These Data Processing Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Personal Data, including if:

(a) the processing is in the context of the activities of an establishment of Customer in the EEA; and/or

(b) personal Data is processed relating to data subjects who are in the EEA, and such processing relates to the offering to them of goods or services or the monitoring of their behavior in the EEA.

4.2 Application to Processor Services. These Data Processing Terms will only apply to the Processor Services for which the parties agreed to these Data Processing Terms (for example: if the TOS incorporates these Data Processing Terms by reference, the Processor Services that are the subject of the TOS).

5. Processing of Data

5.1 Roles and Regulatory Compliance; Authorization.

5.1.1 Processor and Controller Responsibilities. Industrial Color and Customer acknowledge and agree that:

(a) Appendix 1 describes the subject matter and details of the processing of Personal Data;

(b) Customer is a controller or processor, as applicable, of Personal Data under the Data Protection Legislation;

(c) Industrial Color is a processor of Personal Data under the Data Protection Legislation;

(d) Industrial Color and Customer will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Personal Data.

5.1.2 Authorization by Third Party Controller. If Customer is a processor, Customer warrants to Industrial Color that Customer’s instructions and actions with respect to Personal Data, including its appointment of Industrial Color as another processor, have been authorized by the relevant controller.

5.2 Customer’s Instructions. By entering into these Data Processing Terms, Customer instructs Industrial Color to process Personal Data only in accordance with applicable law: (a) to provide the Processor Services and any related technical support; (b) as further specified via Customer’s use of the Processor Services (including in the settings and other functionality of the Processor Services) and any related technical support; (c) as documented in the form of the TOS, including these Data Processing Terms; and (d) as further documented in any other written instructions given by Customer and acknowledged by Industrial Color as constituting instructions for purposes of these Data Processing Terms.

5.3 Industrial Color’s Compliance with Instructions. Industrial Color will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which Industrial Color is subject requires other processing of Personal Data by Industrial Color, in which case Industrial Color will inform Customer (unless that law prohibits Industrial Color from doing so on important grounds of public interest).

5.4 Additional Products. If Customer uses any Additional Product, the Processor Services may allow that Additional Product to access Personal Data as required for the interoperation of the Additional Product with the Processor Services. For clarity, these Data Processing Terms do not apply to the processing of personal data in connection with the provision of any Additional Product used by Customer, including personal data transmitted to or from that Additional Product.

6. Data Deletion

6.1v Deletion During Term.

6.1.1 Processor Services With Deletion Functionality. During the Term, if:

(a) the functionality of the Processor Services includes the option for Customer to delete Personal Data;

(b) Customer uses the Processor Services to delete certain Personal Data; and

(c) the deleted Personal Data cannot be recovered by Customer (for example, from the “trash”),then Industrial Color will delete such Personal Data from its systems as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage. If deletion is not technically feasible, Industrial Color will undertake efforts to restrict access or to render data inaccessible or otherwise restrict access to Personal Data.

6.1.2 Processor Services Without Deletion Functionality. During the Term, if the functionality of the Processor Services does not include the option for Customer to delete Personal Data, then Industrial Color will comply with:

(a) any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Processor Services and unless EU or EU Member State law requires storage; and

(b) the Industrial Color data retention practices for any data deletion under Section 6.1.2.

6.2 Deletion on Term Expiry. On expiry of the Term, Customer instructs Industrial Color to delete all Personal Data (including existing copies) from Industrial Color’s systems in accordance with applicable law. Industrial Color will comply with this instruction as soon as reasonably practicable, and to the extent technically feasible, and within a maximum period of 180 days, unless EU or EU Member State law requires storage. If deletion is not technically feasible, Industrial Color will undertake efforts to restrict access or to render data inaccessible or otherwise restrict access to Personal Data

7. Data Security

7.1 Industrial Color’s Security Measures and Assistance.

7.1.1 Industrial Color’s Security Measures. Industrial Color will implement and maintain technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access (the “Security Measures”). The Security Measures include measures: (a) to safeguard personal data against loss, unauthorized access, or misuse; (b) to help ensure the ongoing confidentiality, integrity, availability and resilience of Industrial Color’s systems and services; (c) to help restore timely access to personal data following an incident; and (d) for regular testing of effectiveness. Industrial Color 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 Processor Services.

7.1.2 Security Compliance by Industrial Color Staff. Industrial Color will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.1.3 Industrial Color’s Security Assistance. Customer agrees that Industrial Color will (taking into account the nature of the processing of Personal Data and the information available to Industrial Color) assist Customer in ensuring compliance with any obligations of Customer in respect of security of personal data and personal data breaches, including (if applicable) Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:

(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Industrial Color’s Security Measures);

(b) complying with the terms of Section 7.2 (Data Incidents); and

(c) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in these Data Processing Terms.

7.2 Data Incidents.

7.2.1 Incident Notification. If Industrial Color becomes aware of a Data Incident, Industrial Color will: (a) notify Customer of the Data Incident promptly and without undue delay; and (b) promptly take reasonable steps to minimize harm and secure Personal Data.

7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Industrial Color recommends Customer take to address the Data Incident.

7.2.3 Delivery of Notification. Industrial Color will deliver its notification of any Data Incident to the Notification Email Address or, at Industrial Color’s discretion (including if Customer has not provided a Notification Email Address), by other direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for providing the Notification Email Address and ensuring that the Notification Email Address is current and valid.

7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third-party notification obligations related to any Data Incident.

7.2.5 No Acknowledgement of Fault by Industrial Color. Industrial Color’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Industrial Color of any fault or liability with respect to the Data Incident.

7.3 Customer’s Security Responsibilities and Assessment.

7.3.1 Customer’s Security Responsibilities. Customer agrees that, without prejudice to Industrial Color’s obligations under Sections 7.1 (Industrial Color’s Security Measures and Assistance) and 7.2 (Data Incidents):

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

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

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

(b) Industrial Color has no obligation to protect Personal Data that Customer elects to store or transfer outside of Industrial Color’s and its Subprocessors’ systems.

7.3.2 Customer’s Security Acknowledgment. Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context, and purposes of the processing of Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Industrial Color as set out in Section 7.1.1 (Industrial Color’s Security Measures) provide a level of security appropriate to the risk in respect of Personal Data.

7.4 Security Program. To evaluate and help ensure the continued effectiveness of the Security Measures, Industrial Color will ensure appropriate technical and organizational measures are employed to appropriately protect your information, and to minimize the chance of unauthorized access, alteration, disclosure, or destruction of information

7.5 Reviews and Audits of Compliance.

7.5.1 Reviews of Security. To demonstrate compliance by Industrial Color with its obligations under these Data Processing Terms, Industrial Color will promptly respond to customer requests for additional information regarding its security program.

7.5.2 Customer’s Audit Rights.

(a) Industrial Color will allow Customer, or a third-party auditor appointed by Customer to verify Industrial Color’s compliance with its obligations under these Data Processing Terms in accordance with Section 7.5.3 (Additional Business Terms for Audits). Industrial Color will reasonably assist with such audits of its Security Programs described in Section 7.4 and Section 7.5.

(b) Customer may also request information regarding Industrial Color’s compliance with its obligations under these Data Processing Terms.

7.5.3 Additional Business Terms for Audits.

(a) Customer will send any request for information under Section 7.5.2(a) to Industrial Color as described in Section 12.1 (Contacting Industrial Color).

(b) Following receipt by Industrial Color of a request under Section 7.5.3(a), Industrial Color and Customer will discuss and agree in advance on the reasonable start date, scope, and duration of, and security and confidentiality controls applicable to, and any inquiry under Section 7.5.2 (a).

(c) While Industrial Color will act in cooperation with Customer, Industrial Color may charge a fee (based on Industrial Color’s reasonable costs incurred for such Audit) for any audit or information demand under Section 7.5.2(a). Industrial Color will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any third-party auditor appointed by Customer to execute any such audit.

(d) Industrial Color may object to any third-party auditor appointed by Customer to conduct any audit under Section 7.5.2(a) if the auditor is, in Industrial Color’s reasonable opinion, not suitably qualified or independent, a competitor of Industrial Color or otherwise manifestly unsuitable. Any such objection by Industrial Color will require Customer to appoint another auditor or conduct the audit itself.

(e) Nothing in these Data Processing Terms will require Industrial Color either to 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 customer of Industrial Color;

(ii) Industrial Color internal accounting or financial information;

(iii) any trade secret of Industrial Color including software source code;

(iv) any information that, in Industrial Color’s reasonable opinion, could: (A) compromise the security of Industrial Color systems or premises; or (B) cause Industrial Color to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or 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 fulfilment of Customer’s obligations under the Data Protection Legislation.

8. Impact Assessments and Consultations

Customer agrees that Industrial Color will (taking into account the nature of the processing and the information available to Industrial Color) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:

(a) providing the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation);

(b) providing the information contained in these Data Processing Terms; and

(c) providing or otherwise making available, in accordance with Industrial Color’s standard practices, other materials concerning the nature of the Processor Services and the processing of Personal Data (for example, help center materials).

9. Data Subject Rights

9.1 Responses to Data Subject Requests. If Industrial Color receives a request from a data subject in relation to Personal Data, Industrial Color will:

(a) if the request is made via a Data Subject Tool, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Tool; or

(b) if the request is not made via a Data Subject Tool, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.

9.2 Industrial Color’s Data Subject Request Assistance. Customer agrees that Industrial Color will (taking into account the nature of the processing of Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:

(a) providing the functionality of the Processor Services;

(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and

(c) if applicable to the Processor Services, making available Data Subject Tools.

10. Data Transfers

10.1 Data Storage and Processing Facilities. Customer acknowledges and agrees that Industrial Color (or its Subprocessor(s), as the case, may be) may store and process Personal Data in the United States and any other country in which Industrial Color or any of its Subprocessors maintains facilities. Where a customer utilizes Processor Services to transfer personal data from the EU to the United States or any other country in which Industrial Color or any of its Subprocessors maintain facilities, such transfers must be done in a manner which affords that personal data adequate protection.

10.2 Data Center Information. Data centers where Industrial Color stores data are located at 32 Avenue of Americas, 22nd Floor, New York, NY 10013 USA; and Amazon Web Services (various global CDNs).

11. Subprocessors

11.1 Consent to Subprocessor Engagement. Customer specifically authorizes the engagement of third parties as Industrial Color’s Subprocessors (“Third Party Subprocessors”) as needed in the rendering of Processor Services.

11.2 Information about Subprocessors. Information about Industrial Color’s Subprocessors is available here

11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, Industrial Color will ensure via a written contract that:

(a) the Subprocessor only accesses and uses Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the TOS (including these Data Processing Terms) and Privacy Shield; and

(b) if the GDPR applies to the processing of Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Subprocessor; and

11.4 Opportunity to Object to Subprocessor Changes.

(a) When any new Third Party Subprocessor is engaged during the Term, Industrial Color will, at least 30 days before the new Third Party Subprocessor processes any Personal Data, inform Customer of the engagement (including the name and location of the relevant subprocessor and the activities it will perform) by sending an email to the Notification Email Address.

(b) Consistent with Data Protection Legislation, Customer may, under certain limited circumstances, object to any new Third Party Subprocessor, and terminate the TOS upon written notice to Industrial Color, on condition that Customer provides such notice within 45 days of being informed of the engagement of the new Third Party Subprocessor as described in Section 11.4(a).

12. Contacting Industrial Color; Processing Records

12.1 Contacting Industrial Color. Customer may contact Industrial Color in relation to the exercise of its rights under these Data Processing Terms via privacy@globaledit.com or via such other means as may be provided by Industrial Color from time to time.

12.2 Industrial Color’s Processing Records. Customer acknowledges that Industrial Color is required under the GDPR to: (a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Industrial Color is acting and (if applicable) of such processor’s or controller’s local representative and data protection officer; and (b) make such information available to the supervisory authorities. Accordingly, Customer will, where requested and as applicable to Customer, provide such information to Industrial Color via the user interface of the Processor Services or via such other means as may be provided by Industrial Color, and will use such user interface or other means to ensure that all information provided is kept accurate and up to date.

13. Liability

Notwithstanding anything else in the TOS, the total liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the TOS. If there is no monetary or payment-based liability cap under the TOS, then the total liability of either party towards the other party under or in connection with these Data Processing Terms will not exceed the total amount of fees paid to Industrial Color (in the case of Industrial Color’s liability) or payable (in the case of Customer’s liability) to Industrial Color with respect to the Processor Services during the 6 months before the date when the liability arose.

14. Effect of these Data Processing Terms

If there is any conflict or inconsistency between the terms of these Data Processing Terms and the remainder of the TOS, the terms of these Data Processing Terms will govern. Subject to the amendments in these Data Processing Terms, the TOS remains in full force and effect.

15. Changes to these Data Processing Terms

15.1 Changes to URLs and Processor Services. From time to time, Industrial Color may change any URL referenced in these Data Processing Terms and the content at any such URL. Industrial Color may only change the list of potential Processor Services:

(a) to reflect a change to the name of a service;

(b) to add a new service; or

(c) to remove a service where either: (i) all contracts for the provision of that service are terminated; or (ii) Industrial Color has Customer’s consent.

15.2 Changes to Data Processing Terms. Industrial Color may change these Data Processing Terms if the change:

(a) is expressly permitted by these Data Processing Terms, including as described in Section 15.1 (Changes to URLs);

(b) reflects a change in the name or form of a legal entity;

(c) is required to comply with applicable law, applicable regulation, a court order, or guidance issued by a governmental regulator or agency; or

(d) does not: (i) result in a degradation of the overall security of the Processor Services; (ii) expand the scope of, or remove any restrictions on, Industrial Color’s processing of Personal Data, as described in Section 5.3 (Industrial Color’s Compliance with Instructions); and (iii) otherwise have a material adverse impact on Customer’s rights under these Data Processing Terms, as reasonably determined by Industrial Color.

15.3 Notification of Changes. If Industrial Color intends to change these Data Processing Terms under Section 15.2(c) or (d), Industrial Color will inform Customer at least 15 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect by either: (a) sending an email to the Notification Email Address; or (b) alerting Customer via the user interface for the Processor Services. If Customer objects to any such change, Customer may terminate the TOS by giving written notice to Industrial Color within 45 days of being informed by Google of the change.

Appendix 1: Subject Matter and Details of the Data Processing

1 Subject Matter

Industrial Color’s provision of the Processor Services and any related technical support to Customer.

1.1 Duration of the Processing

The Term plus the period from expiry of the Term until deletion of all Personal Data by Industrial Color in accordance with these Data Processing Terms.

1.2 Nature and Purpose of the Processing

Industrial Color will process (including, as applicable to the Processor Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organizing, structuring, storing, altering, retrieving, using, disclosing, combining, erasing, and destroying) Personal Data for the purpose of providing the Processor Services and any related technical support to Customer in accordance with these Data Processing Terms. Industrial Color does not edit, review, or make decisions concerning information you decide to share with others, including, but not limited to, any personal information or data.

1.3 Types of Personal Data

Personal Data may include any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. However, Industrial Color does not make decisions regarding the types of data entered by customers. Industrial Color does not edit, review, or make decisions concerning information you decide to share with others, including, but not limited to, any personal information or data. Industrial Color reserves right to remove or delete customer information at any time for any reason.

1.4 Categories of Data Subjects

Personal Data will concern the following categories of data subjects:

● data subjects about whom Industrial Color collects personal data in its provision of the Processor Services; and/or

● data subjects about whom personal data is transferred to Industrial Color in connection with the Processor Services by, at the direction of, or on behalf of Customer.

Depending on the nature of the Processor Services, these data subjects may also include individuals: (a) to whom online advertising has been, or will be, directed; (b) who have visited specific websites or applications related to Industrial Color or the Processor Services provided; and/or (c) who are customers or users of Customer’s products or services.