ANNEXURE A TO PLATFORM SERVICES AGREEMENT: DATA PROTECTION ADDENDUM

Version : 1.0, Last Updated on : 02 OCT 2026

Terms used in this Addendum shall have the meaning as defined herein. Capitalised terms not otherwise defined shall have the meaning given to them in the Agreement. Except as amended below, the terms of the Agreement shall remain in full force and effect. In the event of any conflict or inconsistency between the terms of the Agreement and this Addendum, this Addendum will prevail.

1. Definitions

1.1. In this Addendum, the following terms shall have the meanings set out below:

1.1.1. “Contracted Processor” means GSBN or a Subprocessor;

1.1.2. “China Data Protection Laws” means the PRC Personal Information Protection Law;

1.1.3. “Data Protection Laws” means to the extent applicable: EU Data Protection Laws, UK Data Protection Laws, Hong Kong Data Protection Laws, Singapore Data Protection Laws and China Data Protection Laws;

1.1.4. “EU Data Protection Laws” means Directive 2002/58/EC and the EU General Data Protection Regulation 2016/679 (“GDPR”) (and its derivatives), in each case as transposed into domestic legislation of each European Union Member State or Member State of the European Economic Area, and any other data protection laws issued by any relevant Supervisory Authority (or applicable laws amending, replacing or superseding any of the foregoing);

1.1.5. “Hong Kong Data Protection Laws” means the Personal Data (Privacy) Ordinance (Cap 486);

1.1.6. “International Transfer” means a transfer of Personal Data which results in that Personal Data becoming Posted Personal Data and where that transfer is from a data exporter in one jurisdiction to GSBN as data importer in another jurisdiction;

1.1.7. “Personal Data Breach” means any actual or suspected accidental, unlawful or unauthorised destruction, loss, alteration, erasure, disclosure of, or access to Posted Personal Data;

1.1.8. “Posted Personal Data” means Personal Data Posted by or on behalf of Customer on the GSBN Platform or to GSBN in connection with the Agreement (including Customer’s use and receipt of the Services), where “Post” means with respect to any Personal Data, the act of uploading, downloading, posting, exchanging, transmitting, transferring, generating, or communicating, whether via the GSBN Platform or any application, email, application programming interface, electronic data interchange, short messaging, or any other interface or means, electronic and non-electric, and “Posted” shall be construed accordingly;

1.1.9. “Services” means (a) the provision of access to the GSBN Platform and the Documentation; and (b) the Membership Services, under the terms of the Agreement;

1.1.10. “Singapore Data Protection Laws” means the Personal Data Protection Act 2012 (as amended);

1.1.11. “Subprocessor” means any person (including any third party and excluding an employee of GSBN) appointed by or on behalf of GSBN to Process Posted Personal Data on behalf of Customer in connection with the Agreement;

1.1.12. “Supervisory Authority” means: (a) an independent public authority which is established by a European Union Member State or member of the EEA pursuant to Article 51 GDPR; and (b) any similar regulatory authority (whether at local or national level) responsible for the enforcement of Data Protection Laws in the relevant jurisdiction;

1.1.13. “Standard Contractual Clauses” means the Standard Contractual Clauses as set out in Annex 3 to this Addendum (“SCCs”), as amended or replaced from time to time by a competent authority under the relevant Data Protection Laws, to the extent that they relate to an International Transfer;

1.1.14. “UK Data Protection Laws” means the GDPR as transposed into United Kingdom national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR”), together with the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 and other data protection or privacy legislation in force from time to time in the United Kingdom; and

1.1.15. “UK SCCs” means the standard contractual clauses for the transfer of personal data established in third countries which do not ensure an adequate level of protection as set out in Commission Decision 2010/87/EU, as updated, amended, replaced or superseded from time to time by a competent authority under the UK Data Protection Laws.

1.2. The terms “Controller”, “Data Subject”, “Processing or Process” and “Processor” (or such similar terms) have the same meanings as defined in applicable Data Protection Laws.

2. Processing of Posted Personal Data

2.1. Customer agrees that it is the independent Controller of the Posted Personal Data or has obtained authorisation from the relevant Controller(s) to involve GSBN in the Processing of the Posted Personal Data in connection with the Agreement. If Customer is not the independent Controller of the Posted Personal Data, it undertakes to (a) inform GSBN of the identify and contact details of the relevant Controller(s) prior to Posting the Posted Personal Data; and (b) act for and on behalf of the relevant Controller(s) as the single point of contact under this Addendum and in respect of their rights and obligations under data protection laws. Customer appoints GSBN to Process the Posted Personal Data in connection with the provision of the Services. Details of the types of Posted Personal Data, the categories of Data Subjects and the nature, purpose, subject matter and duration of the Processing of the Posted Personal Data in connection with the Services are set out in Annex 1.

2.2. GSBN shall:

2.2.1. Process Posted Personal Data only pursuant to Customer’s documented instructions set out in the Agreement or as otherwise agreed in writing between the Parties, unless Processing is required by applicable laws to which GSBN is subject (in which case GSBN shall inform Customer of that legal requirement, unless the relevant law prohibits this); and

2.2.2. not retain, use or disclose Posted Personal Data: (a) for any purpose (including any commercial purpose) other than to perform the Services (as more fully described in Annex 1 to this Addendum); or (b) outside of the direct business relationship between Customer and GSBN.

3. Customer Responsibilities

3.1. Subject to, and in accordance with the terms of this Addendum, Customer instructs GSBN (and authorizes GSBN to instruct each Subprocessor) to Process Posted Personal Data, including without limitation to, transfer Posted Personal Data to any country or jurisdiction, as reasonably necessary in connection with the provision of the Services .

3.2. Customer agrees that:

3.2.1. it is and will at all relevant times remain duly and effectively authorised to provide the instructions and permissions as set out in Section a;

3.2.2. all Posted Personal Data has been and will be collected in accordance with applicable Data Protection Laws;

3.2.3. it will comply with applicable Data Protection Laws and its obligations in this Addendum in connection with the Agreement and its use of the Services;

3.2.4. the Posted Personal Data and any other Personal Data provided or made available to GSBN shall not contain or comprise state secrets, national core data or important data (each as defined under applicable Mainland China laws) or any other data which is otherwise prohibited under applicable laws from being accessed or transferred outside of Mainland China;

3.2.5. it shall ensure that all Posted Personal Data is only Personal Data of the types set out in Annex 1 (or as otherwise agreed in writing by the Parties);

3.2.6. it shall promptly inform GSBN if at any time it suspects that any Processing of Platform Personal Data under the Agreement would violate applicable Data Protection Laws; and

3.2.7. nothing in the Agreement relieves it (or the relevant Controller(s)) of any responsibilities or liabilities that it or they have under applicable Data Protection Laws.

3.3. Customer shall indemnify and keep indemnified each Contracted Processor against any and all losses, damages, fines and sanctions howsoever arising from any breach of Section b.

4. GSBN Personnel

4.1. GSBN shall ensure that any person acting under its authority who has access to Posted Personal Data is subject to an appropriate contractual or statutory obligation of confidentiality in respect of the Posted Personal Data and that such access is limited to those persons who need to know/ access the Posted Personal Data for the purposes of the Agreement.

5. Security

5.1. GSBN shall implement and maintain appropriate technical and organisational measures (including physical measures) to ensure a level of security appropriate to the risks in connection with the Processing of Posted Personal Data to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of Posted Personal Data.

5.2. In assessing the appropriate level of security, GSBN shall take account of the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risks that are presented by Processing, in particular from a Personal Data Breach.

5.3. Customer agrees that the technical and organizational measures set out in Annex 2 to this Addendum provide an appropriate level of security with regard to the Processing of Posted Personal Data. GSBN is responsible for implementing and maintaining the measures set out in Annex 2 within the blockchain and related platform components it operates as a Processor. The Controller remains responsible for implementing any additional safeguards required for its own Processing activities and for assessing residual linkability risks arising from its specific use of the Platform.

6. Personal Data Breach

6.1. GSBN shall inform Customer without undue delay upon becoming aware of a Personal Data Breach, and shall provide such reasonable information as it has to allow Customer to meet its obligations to report such Personal Data Breach under applicable Data Protection Laws.

6.2. GSBN shall co-operate with Customer and take, in a timely manner, such reasonable commercial steps as directed by Customer to assist in the investigation, mitigation and remediation of each Personal Data Breach, taking into account the nature of the Processing and information available to GSBN.

7. Data Subject Rights; Response to Enquiries; Accuracy

7.1. GSBN shall as soon as practicable notify Customer if it receives a request from a Data Subject under applicable Data Protection Laws in respect of Posted Personal Data. Unless directed by Customer or where required by applicable Data Protection Laws, GSBN shall not respond to a request from a Data Subject exercising her/his rights under such Data Protection Laws.

7.2. Responsibility for responding to and complying with data subject rights requests under applicable Data Protection Laws rests solely with the Customer. Taking into account the nature of the Processing and subject to Section 7.4, GSBN shall, by implementing appropriate technical and organizational measures as per Annex 2, provide at the reasonable request of Customer reasonable assistance and information reasonably required in a timely manner to Customer to enable Customer to: (a) respond to any requests by Data Subjects exercising their rights under applicable Data Protection Laws relating to Posted Personal Data; and/or (b) otherwise comply with any assessment, enquiry, notice or investigation under applicable Data Protection Laws relating to Posted Personal Data.

7.3. Subject to Section 7.4, GSBN shall if instructed by Customer update Posted Personal Data as soon as practicable if Customer indicates that Posted Personal Data is no longer accurate or correct or consent to Processing has been withdrawn.

7.4. The Customer acknowledges that GSBN cannot delete, modify or otherwise alter cryptographic hashes or transactional references recorded on the blockchain ledger due to the immutable nature of distributed ledger technology as further described in Annex 1. GSBN does not determine the retention period or persistence of such ledger records.

8. Audit Rights

8.1. Subject to Sections 8.2 and 8.3, GSBN shall make available to Customer on request information reasonably necessary to demonstrate compliance with this Addendum, and shall allow for and contribute to audits, including inspections, by Customer, Customer’s regulator and/or any auditor appointed by Customer and/or Customer’s regulator(s), in relation to the Processing of Posted Personal Data. Any information so provided shall only be used for assessing GSBN’s compliance with this Addendum and not for any other purpose.

8.2. Customer shall give GSBN reasonable (and in any event at least 35 days’) prior notice of any audit or inspection to be conducted under Section 8.1 and shall (and ensure that each of its mandated auditors shall) take all reasonable steps to avoid causing any damage, injury or disruption to the Contracted Processors’ premises, equipment, personnel and business during the course of such an audit or inspection. GSBN may object in writing to an auditor appointed by Customer to conduct any audit under Section 8.1 if the auditor is, in GSBN’s reasonable opinion, not suitably qualified or independent, a competitor, or otherwise manifestly unsuitable. Customer shall (and ensure that each of its mandated auditors shall) comply with any conditions that GSBN may reasonably impose on such audit or inspection. Except as otherwise required by applicable Data Protection Laws, a Supervisory Authority or any other applicable industry regulations with which Customer must comply, any audit or inspection will be at Customer’s sole expense and conducted within normal business hours no more than once in any calendar year and in a manner which preserves the confidentiality of any confidential information. A Contracted Processor need not give access to its premises for the purposes of such an audit or inspection to any individual unless he or she produces reasonable evidence of identity and authority.

8.3. Customer shall ensure that a written report is produced with the findings of any audit or inspection conducted under this Section 8 and that a copy of such report is promptly provided to GSBN and any such information obtained or received shall only be used or disclosed to the extent strictly necessary to assess GSBN’s compliance with this Addendum and not for any other purpose.

9. Subprocessing

9.1. Customer authorises GSBN to appoint and replace appointed Subprocessors, provided such is done in accordance with this Section 9 and Section 10.

9.2. Subject to GSBN meeting its obligations set out in Section 9.4, GSBN may continue to use those Subprocessors already engaged by a Contracted Processor as at the date of this Addendum provided that a list of such Subprocessors is provided to Customer in advance of the Parties entering into this Addendum.

9.3. GSBN shall give Customer prior notice of the appointment of any new Subprocessor. If, within thirty (30) calendar days of receipt of that notice, Customer notifies GSBN in writing of any objections (on reasonable grounds) to the proposed appointment, GSBN shall take reasonable steps to address the objections raised by Customer and provide Customer with a reasonable explanation of the steps taken.

9.4. GSBN shall ensure that each Subprocessor is bound by contractual obligations with regard to its Processing of Posted Personal Data that are no less onerous than those set out in this Addendum.

9.5. GSBN shall remain fully liable to Customer (to the extent set out in this Addendum) where a Subprocessor fails to perform its obligations with regard to the Processing of Posted Personal Data.

9.6. The Customer acknowledges that node operators participating in the distributed ledger are subject to GSBN’s governance requirements but are not engaged by GSBN as Subprocessors.

10. International Transfers of Personal Data

10.1. Customer hereby permits GSBN in order to provide the Services to transfer the Posted Personal Data outside the jurisdiction from which it was originally collected or first disclosed to GSBN, including but not limited to Hong Kong SAR, Singapore, United States of America and Mainland China. The transfer of Posted Personal Data outside the European Economic Area is only permitted in case the requirements of Section 10.4 are met.

10.2. Except as provided in Section 10.1 or Annex 1 to this Addendum and except as permitted or required by applicable laws, GSBN shall not otherwise transfer any Posted Personal Data outside the jurisdiction from which it was originally collected or first disclosed to GSBN: (a) without Customer’s prior written consent; and (b) unless in accordance with any terms Customer may reasonably impose on such transfer to comply with applicable Data Protection Laws (which may be at Customer’s cost).

10.3. GSBN shall ensure that such Posted Personal Data is at all times subject to an equivalent or comparable level of protection as the jurisdiction in which the Posted Personal Data was originally collected or first disclosed to GSBN or otherwise to meet such standards required by applicable Data Protection Laws.

10.4. Subject to Sections 10.1 and 10.3, where such International Transfer involves the transfer of Posted Personal Data outside of the European Economic Area, the Processing of Posted Personal Data by GSBN shall be subject to and in accordance with the following:

10.4.1. Processing of Posted Personal Data by a Contracted Processor is in a jurisdiction that has been designated by the European Commission as providing adequate levels of protection with respect to data protection for the purposes of Chapter V of the GDPR; or

10.4.2. in respect of International Transfers to which Section 10.4.1 does not apply, Customer acting on its own behalf, or where it is not an independent Controller in respect of the Posted Personal Data, as agent and on behalf of the relevant Controller(s) (each as “data exporter”) and GSBN acting on its own behalf and as agent for each Contracted Processor (each as “data importer”) with effect from the commencement of the relevant International Transfer, shall enter into the SCCs (attached as ANNEX 3) in respect of any International Transfer from Customer to a Contracted Processor (or onward transfer). If acting as agent on behalf of the relevant Controller(s), Customer shall ensure that it has a proper power of attorney to conclude the SCCs on behalf of the relevant Controller(s). If Customer is unable to enter into the SCCs as agent and on behalf of the relevant Controller(s), it shall immediately procure that such relevant Controller(s) execute the SCCs as data exporter with any relevant Contracted Processor as the data importer prior to the commencement of the relevant International Transfer.

10.5. Subject to Sections 10.1 and 10.3, where such International Transfer involves the transfer of Posted Personal Data outside of the United Kingdom, the Processing of Posted Personal Data by GSBN shall be subject to and in accordance with the following:

10.5.1. Processing of Posted Personal Data by a Contracted Processor is in a jurisdiction that has been designated by the UK Government as providing adequate levels of protection with respect to data protection for the purposes of Chapter V of the UK GDPR; or

10.5.2. in respect of International Transfers to which Section 10.5.1 does not apply, Customer acting on its own behalf, or where it is not an independent Controller in respect of the Posted Personal Data, as agent and on behalf of the relevant Controller(s) (each as “data exporter”) and GSBN acting on its own behalf and as agent for each Contracted Processor (each as “data importer”) with effect from the commencement of the relevant International Transfer, shall enter into the UK SCCs in respect of any International Transfer from Customer to a Contracted Processor (or onward transfer), which are hereby incorporated into this Addendum by reference and which shall apply from the commencement of a relevant International Transfer. Appendix 1 to the UK SCCs shall be deemed to be prepopulated with the relevant sections of Annex 1 to this Addendum. Appendix 2 shall be deemed to be prepopulated with the security measures set out in Annex 2 to this Addendum. If acting as agent on behalf of the relevant Controller(s), Customer shall ensure that it has a proper power of attorney to conclude the SCCs on behalf of the relevant Controller(s). If Customer is unable to enter into the UK SCCs as agent and on behalf of the relevant Controller(s), it shall immediately procure that such relevant Controller(s) execute the UK SCCs as data exporter with any relevant Contracted Processor as the data importer prior to the commencement of the relevant International Transfer. With respect to International Transfers to Subprocessors, Customer authorizes GSBN to enter into the UK SCCs for and on behalf of Customer with any Subprocessor.

10.5.3. If at any time the UK Government approves the SCCs for use under UK Data Protection Laws, the provisions of Section 10.4 shall apply in place of this Section 10.5 in respect of International Transfers subject to UK Data Protection Laws, subject to any modifications to the SCCs required by UK Data Protection Laws (and subject to the governing law of the SCCs being English law and the supervisory authority being the Information Commissioner’s Office).

10.6. Notwithstanding Sections 10.1 to 10.5:

10.6.1. the Parties acknowledge that the GSBN Platform operates a permissioned distributed ledger, and that cryptographic hashes and transactional references recorded on the blockchain ledger may be replicated across nodes operated by approved node operators, including nodes located outside the European Economic Area or the United Kingdom. Such ledger records do not include identifiable personal data and form part of the decentralised ledger infrastructure of the Platform; and

10.6.2. node operators participating in the distributed ledger are subject to GSBN’s governance requirements but are not engaged by GSBN as Subprocessors. Replication of such ledger records to nodes does not constitute a transfer of Posted Personal Data by GSBN for the purposes of this Section 10.

10.7. GSBN shall, upon reasonable request, provide the Customer with high-level information regarding node geography and the ledger replication model to support Customer’s assessment of any applicable international data transfer obligations. The Parties’ position that ledger replication does not constitute a data transfer (as stated in Section 10.6.2) reflects the technical architecture whereby only non-identifiable cryptographic hashes are stored on-chain. However, this position has not been definitively established under Data Protection Laws and may be subject to challenge by Supervisory Authorities, particularly if linkage between on-chain and off-chain data could enable re-identification. The parties acknowledge this legal uncertainty and acting reasonable and in good faith agree to: (a) monitor regulatory developments and guidance on blockchain data transfers; (b) implement supplementary measures as may be required; and (c) cooperate between the Parties if Supervisory Authorities challenge this position.

11. Data Protection Impact Assessment and Prior Consultation

11.1. GSBN shall provide reasonable assistance to Customer with (a) data protection impact assessments or security assessments which are required under applicable Data Protection Laws (in particular in respect of any International Transfer); and (b) any prior consultations to any Supervisory Authority of Customer, in each case which are required under applicable Data Protection Laws, and in each case solely in relation to Processing of Posted Personal Data by GSBN on behalf of Customer and taking into account the nature of the Processing and information available to GSBN.

11.2. The Customer is solely responsible for determining whether a data protection impact assessment is required under Data Protection Laws in relation to its use of the GSBN Platform, and for carrying out any such assessment. In doing so, the Customer is responsible for identifying and assessing any risks arising from its activities, including risks specific to the use of distributed ledger technology, such as immutability, dissemination of ledger records across nodes, linkages between on-chain records and off-chain data, and cryptographic key management.

12. Records

12.1. GSBN shall maintain a record of its Processing activities conducted for and on behalf of Customer. Such record shall contain:

12.1.1. the name and contact details of GSBN and the name and contact details of Customer;

12.1.2. the categories of Processing carried out on behalf of Customer;

12.1.3. (where applicable) details of any International Transfers as referred to in Sections 10.1, 10.4 and 10.5; and

12.1.4. a general description of the technical and organisational measures GSBN has put in place to ensure the security of Posted Personal Data.

12.2. At Customer’s reasonable request, GSBN shall make available the record of Processing activities referred to in this Section 12 as soon as reasonably practicable after receiving such request.

13. Deletion or Return of Personal Data

13.1. Subject to Section 13.2, upon termination or expiration of the Agreement, GSBN shall delete, or at Customer’s request return, Posted Personal Data to Customer within ninety (90) days following the end of the Services.

13.2. GSBN shall only retain Posted Personal Data for as long as necessary or in accordance with the term of the Agreement or such other period agreed by the Parties in writing, provided that: (i) off-chain Posted Personal Data (including user identifiers, authentication data, and account linkage information) shall be deleted no later than ninety (90) days following termination unless a longer period is required by specific applicable laws (which GSBN shall identify in writing); (ii) cryptographic hashes and transactional references on the immutable blockchain ledger will persist indefinitely due to technical limitations, but GSBN shall delete all off-chain linkage data that would enable association of such hashes with identifiable individuals; (iii) upon deletion of off-chain linkage data, on-chain hashes shall be considered effectively anonymized and no longer constitute Personal Data. Notwithstanding the foregoing, GSBN may retain a copy of Posted Personal Data for record-keeping or archiving purposes only to the extent required by applicable Data Protection Laws or any other applicable record retention laws or regulations with which GSBN must comply, and GSBN shall document the specific legal basis for any such extended retention.

14. General Terms

14.1. GSBN Data Protection Contact. GSBN can be contacted in respect of any data protection matters at: info@gsbn.trade.

14.2. Costs. Customer shall reimburse GSBN for all costs (including internal and third party costs) which are reasonably and properly incurred by GSBN in the performance of GSBN’s obligations under Section 6. Section 7, Section 8 inclusive and/or Section 11 of this Addendum. GSBN shall charge for internal resources at GSBN’s current professional day rates as set by GSBN from time to time.

14.3. Order of Precedence. In the event of any conflict or inconsistency between the terms of the Agreement (excluding this Addendum) and the terms of this Addendum, the terms of this Addendum will prevail.

15. Refer to annex 1 for the DETAILS OF PROCESSING OF POSTED PERSONAL DATA

16. Refer to annex 2 for the TECHNICAL AND ORGANISATIONAL MEASURES

17. Refer to annex 3 for the Standard Contractual Clause

ANNEX 1: DETAILS OF PROCESSING OF POSTED PERSONAL DATA

This Annex 1 includes details of the Processing of Posted Personal Data in connection with the Agreement.

Subject Matter and Duration of the Processing of Posted Personal Data:

The subject matter and duration of the Processing of the Posted Personal Data are set out in the Agreement and this Addendum. Unless otherwise stated in the Agreement and this Addendum, the duration of the Processing of the Posted Personal Data corresponds with the duration of the relevant Service and for a limited period thereafter in accordance with applicable Data Protection Laws.

The Nature and Purpose of the Processing of Posted Personal Data:

GSBN is engaged to provide the Services to Customer which involve the Processing of Posted Personal Data. The scope of the Services is set out in the Agreement, and the Posted Personal Data will be Processed by GSBN to deliver the Services, to exercise its rights and perform its obligations under the Agreement and otherwise to comply with applicable laws. This Processing includes operations incidental to the provision of the Services under the Agreement (including monitoring, testing, modifying, improving the systems used, and services offered, by GSBN in connection with the GSBN Platform).

Description of Processing environment for Posted Personal Data relating to distributed ledger:

1. Platform architecture and on-chain data

The GSBN Platform leverages a permissioned blockchain environment designed to support the validation and recording of organisational transactions only. Data recorded on the blockchain ledger is limited to cryptographic hashes of transactional references that evidence the occurrence, sequencing and integrity of transactions. The hashing process is a one-way cryptographic function that results in a loss of informational content, such that on-chain records do not permit the reconstruction, inference or determination of the substance of underlying documents or any Posted Personal Data contained within them.

2. Account structure and transaction attribution

Transactions recorded on the GSBN Platform are associated with organisational accounts established by Controllers. Organisational accounts may be linked, off-chain, to individual user accounts for the purposes of access control, authentication, auditability and operational accountability. Any such linkage is maintained exclusively within GSBN-managed off-chain systems and does not alter the on-chain data model, which remains limited to cryptographic hashes and transactional references. The linkage does not permit the reconstruction or determination of the content of underlying transaction documents or Posted Personal Data.

3. Off-chain Processing of Posted Personal Data

• All Posted Personal Data Processed in connection with the GSBN Platform, including user identifiers and user-related, access or operational metadata, is Processed off-chain within GSBN-managed systems, acting as a Processor on the documented instructions of the Controller.

• Personal data contained within transaction documents referenced by an on-chain hash is stored off-chain in encrypted form under the exclusive control of the Controller and is not accessible to, visible by, or otherwise Processed by GSBN.

4. Governance model and node participation

The GSBN Platform operates under a permissioned governance model. Participation is restricted to approved node operators onboarded in accordance with GSBN’s governance framework. GSBN is responsible for the onboarding, operational management and offboarding of node operators, including the granting, suspension and revocation of node access. Node operators are required to comply with GSBN’s applicable technical, security and data-handling requirements to ensure the consistent and secure operation of the GSBN Platform.

5. Allocation of roles and determination of means

• GSBN operates and maintains the GSBN Platform infrastructure, including the technical coordination of nodes, in its capacity as a Processor. In doing so, GSBN determines only non-essential technical and organisational means of the Service, such as infrastructure architecture, security controls, availability, resilience and performance parameters. GSBN does not determine the purposes of Processing, nor the essential means of any Processing of Posted Personal Data carried out by or on behalf of the Controller.

• The operation of nodes, provision of blockchain infrastructure, enforcement of technical parameters or implementation of governance and security requirements does not give rise to controllership or joint controllership for GSBN or any node operator. Responsibility for determining the purposes and essential means of Processing remains exclusively with the Controller.

6. Distributed ledger replication and node geography

• Due to the distributed and permissioned nature of the GSBN Platform, cryptographic hashes and transactional references recorded on the blockchain ledger may be replicated across nodes operated by approved node operators, including nodes located outside the European Economic Area. These ledger records form part of the decentralised ledger infrastructure of the Platform and do not include identifiable Posted Personal Data.

• Node operators participating in the distributed ledger are subject to GSBN’s governance requirements but are not engaged by GSBN as Subprocessors.

The Types of Posted Personal Data to be Processed:

• Basic identification data (e.g. name, phone number, mailing address, job title and department and email address);
• Employee specific data (e.g. employer name, employee number, social security number, etc.);
• Financial data (e.g. bank account number, payment card details);
• Location data;
• Interaction data (e.g. which parts of the GSBN Platform or what Services Customer uses or accesses, including logs of access times and services and files accessed, created, modified or deleted); and
• Technical/device data (e.g. IP address, web browser type, MAC address, device or application ID, hashed password, username, and other digital identifiers).

It is not envisaged that any Special Category Personal Data will be Processed in connection with the Agreement.

The categories of Data Subject to whom the Posted Personal Data relates:

• Users of the Services;
• Contacts at organisations in the shipping supply chain;
• Senders or recipients of shipments or consignments; and
• Personnel, including Representatives.

The Obligations and Rights of Customer:

The obligations and rights of Customer are set out in the Agreement and this Addendum.

The Processing Operations Carried Out in Relation to the Posted Personal Data:

The Processing operations carried out in relation to the Posted Personal Data, for the purposes set out above, are as follows:

• Collecting and recording the data;
• Hosting the data;
• Organizing, structuring and storing the data;
• Checking, analysing, aggregating and de-identifying the data;
• Protecting the data including by means of encryption/decryption, restricting access to it, maintaining backups of it, performing security and business continuity/recovering testing in relation to it;
• Adapting or altering the data;
• Consulting or retrieving the data;
• Disclosing or transferring the data (including for Processing by permitted Subprocessors); and
• Returning/deleting the data once it is no longer required to be Processed pursuant to the Agreement.

Subprocessor(s):

GSBN uses the following Subprocessor(s) as at the Addendum Effective Date:

• Name: IQAX Limited (“IQAX”).
• Description of Processing: To develop, operate, manage, maintain and enhance the GSBN Platform for GSBN, including providing hosting and operations services to GSBN, making the GSBN Platform accessible to GSBN and providing application/API development, systems integrations services and other products or services as may be agreed in connection with the GSBN Platform (the “IQAX Services”).

IQAX uses the following Subprocessors in connection with its provision of the IQAX Services as at the Addendum Effective Date:

Name	Description of Processing
Microsoft	Collecting and recording the data; Hosting the data; Organizing, structuring and storing the data; and Protecting the data including by means of encryption/decryption, restricting access to it, and maintaining backups of it.
Oracle	Collecting and recording the data; Hosting the data; Organizing, structuring and storing the data; and Protecting the data including by means of encryption/decryption, restricting access to it, and maintaining backups of it.
Alibaba	Collecting and recording the data; Hosting the data; Organizing, structuring and storing the data; and Protecting the data including by means of encryption/decryption, restricting access to it, and maintaining backups of it.
CrowdStrike	Collecting and recording the data; Organizing, structuring and storing the data; and Checking, analysing, aggregating and de-identifying the data.
Global Technology Integrator Limited	Protecting the data including by means of encryption/decryption, restricting access to it, maintaining backups of it, performing security and business continuity/recovering testing in relation to it; Adapting or altering the data; Consulting or retrieving the data; and Disclosing or transferring the data.

Additional or replacement Subprocessors may be added in accordance with Section 9 of this Addendum.

ANNEX 2: TECHNICAL AND ORGANISATIONAL MEASURES

Posted Personal Data by specific IQAX Subprocessors set out in ANNEX 1 to this Addendum are subject to the technical and organisational security measures as described at https://content.iqax.com/data-protection-addendum/sub-processor/data-processing-addendum.pdf.

Subject to the foregoing, the following measures apply to all other Processing of Posted Personal Data in connection with the Agreement:

• Network security and encryption:
  • IQAX implements network security such as firewalls, content filtering, network segmentation, cloud security posture management, regular vulnerability scanning and API management.
  • IQAX looks to maintain and protect the confidentiality, integrity and availability of Platform Personal Data using measures such as encryption, role base access control, redundancy copies and backups.
  • Data transmission to and from the GSBN Platform is encrypted using encryption such as TLS 1.2. IQAX enables disk encryption for each system component or service that stores data. If a Service includes management of cryptographic keys, IQAX maintains procedures for secure key generation, issuance, distribution, storage, rotation, revocation, recovery, backup, destruction, access and use.
  • Physical media intended for off-site storage, if any, such as media containing backup files, will be encrypted prior to transport.

• Distributed ledger components:
  • In relation to the distributed ledger components of the GSBN Platform, GSBN applies the following technical and organisational measures to reduce the risk of linkability between on-chain organisational identifiers and off-chain identifiable Posted Personal Data:
    • the blockchain ledger records only cryptographic hashes of transactional references, which are designed to evidence the occurrence and integrity of organisational transactions and do not, in themselves, disclose the content of underlying documents or Posted Personal Data;
    • the ledger does not store user identifiers, Posted Personal Data fields, or user-level metadata, and does not contain mappings between on-chain transaction records and individual user identities;
    • linkage between organisational accounts, transactions and individual user accounts is maintained exclusively within GSBN-managed off-chain systems subject to the remainder of these TOMs for access control, auditability and operational purposes;
    • off-chain systems that maintain such linkage are logically and technically segregated from the blockchain ledger environment;
    • access to any off-chain account-linkage data is restricted through role-based access controls and limited to authorised personnel and systems on a need-to-know basis;
    • user-level logs, audit trails and access records are generated, stored and Processed exclusively off-chain and are not written to, or derivable from, the blockchain ledger; and
    • GSBN does not operate any functionality that permits correlation of on-chain ledger records with off-chain Posted Personal Data without access to GSBN-managed systems and the Controller’s cooperation.

• Access control/security policies:
  • IQAX implements measures designed to logically separate and prevent the Services from being exposed to, or accessed by, unauthorised persons.
  • IQAX classifies Platform Personal Data and manages it according to IQAX’s access control and handling procedure.
  • If IQAX requires access to data to provide the Services, and if such access is managed by IQAX, IQAX will restrict access to the minimum level required. Such access, including administrative access to any underlying components (privileged access), will be individual, role-based, and subject to approval and regular validation by authorised IQAX personnel following principles of segregation of duties.
  • IQAX implements measures to identify and remove redundant and dormant accounts with privileged access and will promptly revoke such access upon the account owner’s separation or upon the request of authorised IQAX personnel, such as the account owner’s manager.
  • IQAX maintains, for a reasonable period of time, audit logs of system usage and activity. IQAX maintains and follows its standard employment verification requirements for all new hires (including hires by wholly-owned IQAX subsidiaries). In accordance with IQAX internal processes and procedures, these requirements will be periodically reviewed and include educational and professional qualifications check, previous employment, character reference, proof of identity validation (HKID, Passport Number etc.), and additional checks as deemed necessary by IQAX.
  • IQAX is responsible for implementing these requirements in its hiring process as applicable and permitted under local laws.
  • IQAX maintains and follows IT security policies and practices to control IQAX employees accessing IT systems. Access requests are assessed based on role and granted on a need-to-know basis.

• Physical security measures:
• IQAX uses cloud providers that adhere to ISO27001 compliant physical and environmental security controls to define a physical security perimeter and implement physical security controls securing offices, rooms, and facilities, against external and environmental threats, and to ensure these areas are secure.
• Aside from customer connections and certain services/web sites which are intended to be accessed via Internet, connections to IQAX Cloud Services networks are restricted.
• To the extent supported by native device and operating system functionality, IQAX will maintain computer protections including endpoint firewalls, full disk encryption, signature-based malware detection and removal, time-based screen locks, and endpoint management solutions that enforce security configuration and patching requirements.
• IQAX may use wireless networking technology, including to provide maintenance and support for the Services and associated Components. Such wireless networks communication will be encrypted and require secure authentication and will not provide direct access to IQAX cloud services networks.

• Application security testing: IQAX uses industry standard systems for application code vulnerability assessment and testing.

• API security:
  • IQAX uses industry standard systems to manage, control and protect its APIs from cybersecurity threats.
  • IQAX will maintain a documented security architecture for Services as a whole. IQAX will separately review such security architecture, including measures designed to prevent unauthorized network connections to systems, applications and network devices, for compliance with its network segmentation, isolation, and defence-in-depth standards prior to implementation.

• Threat detection and response:
  • IQAX uses industry standard systems for security vulnerability scanning and malicious activity monitoring, detection, blocking and forensics on its servers.
  • IQAX maintains an appropriate level of DDOS protection for its online systems. IQAX maintains an inventory of information technology systems used by it in the provision of the Services.
  • IQAX continuously monitors and manages the health, including capacity and availability of the Services and underlying components.
  • IQAX uses multiple third party public cloud services and each cloud vendor provides monitoring of privileged access and maintains security information and event management to:
    (1) identify unauthorised access; and
    (2) record access attempts (including where the wrong password is used).
  • IQAX monitors abnormal usage such as unauthorised access and aims to facilitate a timely and appropriate response to these kind of activities.
  • Logs in which privileged access and activity are recorded are retained in compliance with IQAX policies and procedures. IQAX implements measures designed to protect against unauthorised access, modification, and accidental or deliberate destruction of such logs.

• Patches and updates:
  • IQAX takes steps to ensure that systems it uses to Process Platform Personal Data are kept up to date with the latest patches for known security vulnerabilities.
  • IQAX maintains policies and procedures designed to manage risks associated with the application of changes to the Services. Prior to implementation, changes to a Service, including its systems, networks, and underlying components, will be documented internally including recording a description of and reason for the change, implementation details and schedule, a risk statement addressing impact to the Services and IQAX’s clients, expected outcome, rollback plan, and documented approval by authorised personnel.

• Business continuity management: IQAX maintains regular backups to ensure that the most important data on its systems can be recovered and systems can be restored in the event of a disaster, malware or ransomware attack or cyber security incident.

• ISO 27001 compliance: IQAX maintains up-to-date certification of compliance with ISO 27001 information security standards, provided that initial certification of compliance is due to take place by the end of 2021.

ANNEX 3: STANDARD CONTRACTUAL CLAUSES

SECTION I

Clause 1 Purpose and scope

(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of 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 (General Data Protection Regulation) for the transfer of personal data to a third country.

(b) The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data exporter’), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each ‘data importer’) have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).

(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.

(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2 Effect and invariability of the Clauses

(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3 Third-party beneficiaries

(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9(a), (c), (d) and (e);
(iv) Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18(a) and (b).

(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4 Interpretation

(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5 Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6 Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7 – Docking clause

(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.

(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.

(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8 Data protection safeguards The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.

8.1 Instructions

(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.

(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.

8.2 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I. B, unless on further instructions from the data exporter.

8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.4 Accuracy

If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.

8.5 Duration of processing and erasure or return of data

Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

8.6 Security of processing

(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.

(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.

8.7 Sensitive data

Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter ‘sensitive data’), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.

8.8 Onward transfers

The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person. Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.9 Documentation and compliance

(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses. (

b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.

(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non- compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.

(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 9 Use of sub-processors

(a) The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least one month in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.

(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.

(c) The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.

(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.

(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

Clause 10 Data subject rights

(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.

(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.

(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.

Clause 11 Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.

(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
(ii) refer the dispute to the competent courts within the meaning of Clause 18.

(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.

(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.

(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12 Liability

(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.

(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.

(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub- processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.

(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.

(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.

(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.

(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.

Clause 13 Supervision

(a) Where the data exporter is established in an EU Member State, the supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679, the supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.

Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679: the supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES

Clause 14 Local laws and practices affecting compliance with the Clauses

(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.

(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;
(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.

(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.

(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.

(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15 Obligations of the data importer in case of access by public authorities

15.1 Notification

(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.

(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).

(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.

(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2 Review of legality and data minimisation

(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).

(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16 Non-compliance with the Clauses and termination

(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).

(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses. In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.

(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17 Governing law

These Clauses shall be governed by the law of the EU Member State in which the data exporter is established. Where such law does not allow for third-party beneficiary rights, they shall be governed by the law of another EU Member State that does allow for third-party beneficiary rights. The Parties agree that this shall be the law of Germany.

Clause 18 Choice of forum and jurisdiction

(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

(b) The Parties agree that those shall be the courts of Germany.

(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence. The Parties agree to submit themselves to the jurisdiction of such courts.

ANNEX I to the Standard Contractual Clauses

A. LIST OF PARTIES

Data exporter(s):

1. Name, Address of Customer, Contact person’s name, position and contact details: as per particularized in the Platform Access Agreement between the Customer and GSBN (“Agreement”) Activities relevant to the data transferred under these Clauses: a user of the Services, as defined in the Data Protection Addendum to the Agreement (“Addendum”) and provided under the Agreement. Signature and date: these Clauses form part of the Agreement and their date is the date of the Addendum. Role (controller/processor): Controller.

Data importer(s):

1. Name: Global Shipping Business Network Limited (CR number 3027621) of Suite 1503, 15/F, Cityplaza Phase 4, 12 Tai Koo Wan Road, Quarry Bay, Hong Kong (“GSBN”). Address: GSBN’s contact details, as described in the Agreement. Contact person’s name, position and contact details: GSBN’s contact person, as described in the Agreement. Activities relevant to the data transferred under these Clauses: the provider of Services as defined in the Addendum and provided under the Agreement. Signature and date: these Clauses form part of the Agreement and their date is the date of that Agreement. Role (controller/processor): Processor.

B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred:

• The categories of data subjects are described in Annex 1 of the Addendum.

Categories of personal data transferred:

• The categories of personal data transferred are described in Annex 1 of the Addendum.

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures:

• Details regarding sensitive personal data transferred are described in Annex 1 of the Addendum.

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis):

• The personal data is transferred on a continuous basis.

Nature of the processing:

• The nature of the processing activities is described in Annex 1 of the Addendum.

Purpose(s) of the data transfer and further processing:

• The purposes of data transfer and further processing are described in Annex 1 of the Addendum.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:

• The period for retention is described in Annex 1 of the Addendum.

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:

• Details regarding transfers to sub-processors are described in Annex 1 of the Addendum.

C. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13 The competent supervisory authority in accordance with Clause 13 is:

a) the supervisory authority with responsibility for ensuring compliance in the jurisdiction in which Customer is established (as specified by Customer in the Agreement), if the jurisdiction in which Customer was established is an EU Member State; or

b) if Customer is not established in an EU Member State as described in a), but nonetheless have appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679, the supervisory authority of the EU Member State in which Customer’s representative is established; or

c) if Customer is not established in an EU Member State as described in a) and have not appointed a representative as described in b), the competent supervisory authority will be: Germany.

ANNEX II to the Standard Contractual Clauses

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA:

• Refer to Annex 2 of the Addendum.

ANNEX III to the Standard Contractual Clauses

LIST OF SUB-PROCESSORS:

• Refer to Annex 1 of the Addendum.