Common use of Sub-Processing Clause in Contracts

Sub-Processing. 4.1. Fyber engages sub-processors to perform certain Processing of your Personal Data on your behalf. Prior to an engagement with a sub-processor, Fyber requires or receives adequate assurances that the sub-processor complies with obligations substantially similar to the obligations as set out in this DPA. 4.2. Upon the execution of this DPA, you hereby give Fyber your consent to engage the companies detailed at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/subprocessors as sub-processors. 4.3. Where a sub-processor fails to fulfill its data protection obligations or statements, Fyber will remain fully liable to you for the performance of the sub-processor’s obligations to the same extent that Fyber would be liable to you directly under the terms of this DPA, except as otherwise set forth in the Agreement, if Fyber would have performed the obligations of the sub-processor. 4.4. Fyber will inform you of an Fyber’s engagement with a new sub-processor. You may object to the use of new or additional sub-processor by promptly sending Fyber a written notice. If you object to the new sub-processor, Fyber will make commercially reasonable efforts to provide you the same level of Service(s) without the use of such sub-processor. Notwithstanding, your objection and the results thereof will not amend, alter or reduce your obligations under the Agreement. 4.5. Notwithstanding the provisions here above (e.g. prior consent by you), you hereby authorize Fyber to sub-contract the Processing to service providers based outside of the European Economic Area (EEA), to the extent necessary, at Fyber sole discretion, to duly perform the Service(s) on condition that the service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a Privacy Shield certification according to EU Commission Decision 2016/1250, or a sub- contracting agreement which is based on the standard contractual clauses launched by virtue of the EU Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on such other applicable trans-border data transfer mechanisms. Any such Model Contract Clauses concluded by Fyber shall be treated as if concluded in the name and on behalf of you. You shall be responsible to obtain regulatory approvals from the relevant data protection authorities, when required by Law.

Sub-Processing. 4.1. 4.1 Fyber engages sub-processors to perform certain Processing of your Personal Data on your behalf. Prior to an engagement with a sub-processor, Fyber requires or receives adequate assurances that the sub-processor complies with obligations substantially similar to the obligations as set out in this DPA. 4.2. 4.2 Upon the execution of this DPA, you hereby give Fyber your consent to engage the companies detailed at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/subprocessors as sub-processors. 4.3. 4.3 Where a sub-processor fails to fulfill its data protection obligations or statements, Fyber will remain fully liable to you for the performance of the sub-processor’s 's obligations to the same extent that Fyber would be liable to you directly under the terms of this DPA, except as otherwise set forth in the Agreement, if Fyber would have performed the obligations of the sub-processor. 4.4. 4.4 Fyber will inform you of an Fyber’s its engagement with a new sub-processor. You may object to the use of new or additional sub-processor by promptly sending Fyber a written notice. If you object to the new sub-processor, Fyber will make commercially reasonable efforts to provide you the same level of Service(s) without the use of such sub-processor. Notwithstanding, your objection and the results thereof will not amend, alter or reduce your obligations under the Agreement. 4.5. 4.5 Notwithstanding the provisions here above (e.g. prior consent by you), you hereby authorize Fyber to sub-contract the Processing to service providers based outside of the European Economic Area (EEA), to the extent necessary, at Fyber sole discretion, to duly perform the Service(s) on condition that the service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a Privacy Shield certification according to EU Commission Decision 2016/1250, or a sub- sub-contracting agreement which is based on the standard contractual clauses launched by virtue of the EU Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on such other applicable trans-border data transfer mechanisms. Any such Model Contract Clauses concluded by Fyber shall be treated as if concluded in the name and on behalf of you. You shall be responsible to obtain regulatory approvals from the relevant data protection authorities, when required by Law.

Sub-Processing. 4.1. 4.1 Fyber engages sub-processors to perform certain Processing of your Personal Data on your behalf. Prior to an engagement with a sub-processor, Fyber requires or receives adequate assurances that the sub-processor complies with obligations substantially similar to the obligations as set out in this DPA. 4.2. 4.2 Upon the execution of this DPA, you hereby give Fyber your consent to engage the companies detailed at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/subprocessors as sub-processors. 4.3. 4.3 Where a sub-processor fails to fulfill its data protection obligations or statements, Fyber will remain fully liable to you for the performance of the sub-processor’s 's obligations to the same extent that Fyber would be liable to you directly under the terms of this DPA, except as otherwise set forth in the Agreement, if Fyber would have performed the obligations of the sub-processor. 4.4. 4.4 Fyber will inform you of an Fyber’s its engagement with a new sub-processor. You may object to the use of new or additional sub-processor by promptly sending Fyber a written notice. If you object to the new sub-processor, Fyber will make commercially reasonable efforts to provide you the same level of Service(s) without the use of such sub-processor. Notwithstanding, your objection and the results thereof will not amend, alter or reduce your obligations under the Agreement. 4.5. 4.5 Notwithstanding the provisions here above (e.g. prior consent by you), you hereby authorize Fyber to sub-contract the Processing to service providers based outside of the European Economic Area (EEA), to the extent necessary, at Fyber sole discretion, to duly perform the Service(s) on condition that the service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a Privacy Shield certification according to EU Commission Decision 2016/1250, or a sub- sub-contracting agreement which is based on the standard contractual clauses launched by virtue of the EU Commission Decision 2010/87/EU Court of 5 February 2010 Justice of the European Union (CJEU) decision in July 2020 on standard contractual clauses for the transfer of personal data to processors Processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on such other applicable trans-border data transfer mechanisms. Any such Model Contract Clauses concluded by Fyber shall be treated as if concluded in the name and on behalf of you. You shall be responsible to obtain regulatory approvals from the relevant data protection authorities, when required by Law.

Sub-Processing. 4.1. 4.1 Fyber engages sub-processors to perform certain Processing of your Personal Data on your behalf. Prior to an engagement with a sub-processor, Fyber requires or receives adequate assurances that the sub-processor complies with obligations substantially similar to the obligations as set out in this DPA. 4.2. 4.2 Upon the execution of this DPA, you hereby give Fyber your consent to engage the companies detailed at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/subprocessors as sub-processors. 4.3. 4.3 Where a sub-processor fails to fulfill its data protection obligations or statements, Fyber will remain fully liable to you for the performance of the sub-processor’s 's obligations to the same extent that Fyber would be liable to you directly under the terms of this DPA, except as otherwise set forth in the Agreement, if Fyber would have performed the obligations of the sub-processor. 4.4. 4.4 Fyber will inform you of an Fyber’s its engagement with a new sub-processor. You may object to the use of new or additional sub-processor by promptly sending Fyber a written notice. If you object to the new sub-processor, Fyber will make commercially reasonable efforts to provide you the same level of Service(s) without the use of such sub-processor. Notwithstanding, your objection and the results thereof will not amend, alter or reduce your obligations under the Agreement. 4.5. 4.5 Notwithstanding the provisions here above (e.g. prior consent by you), you hereby authorize Fyber to sub-contract the Processing to service providers based outside of the European Economic Area (EEA), to the extent necessary, at Fyber sole discretion, to duly perform the Service(s) on condition that the service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a Privacy Shield certification according to EU Commission Decision 2016/1250, or a sub- sub-contracting agreement which is based on the standard contractual clauses launched by virtue of the EU Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on such other applicable trans-border data transfer mechanisms. Any such Model Contract Clauses concluded by Fyber shall be treated as if concluded in the name and on behalf of you. You shall be responsible to obtain regulatory approvals from the relevant data protection authorities, when required by Law.

Sub-Processing. 4.1. 4.1 Fyber engages sub-processors to perform certain Processing of your Personal Data on your behalf. Prior to an engagement with a sub-processor, Fyber requires or receives adequate assurances that the sub-processor complies with obligations substantially similar to the obligations as set out in this DPA. 4.2. 4.2 Upon the execution of this DPA, you hereby give Fyber your consent to engage the companies detailed at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/subprocessors as sub-processors. 4.3. 4.3 Where a sub-processor fails to fulfill its data protection obligations or statements, Fyber will remain fully liable to you for the performance of the sub-processor’s 's obligations to the same extent that Fyber would be liable to you directly under the terms of this DPA, except as otherwise set forth in the Agreement, if Fyber would have performed the obligations of the sub-processor. 4.4. 4.4 Fyber will inform you of an Fyber’s its engagement with a new sub-processor. You may object to the use of new or additional sub-processor by promptly sending Fyber a written notice. If you object to the new sub-sub- processor, Fyber will make commercially reasonable efforts to provide you the same level of Service(s) without the use of such sub-processor. Notwithstanding, your objection and the results thereof will not amend, alter or reduce your obligations under the Agreement. 4.5. 4.5 Notwithstanding the provisions here above (e.g. prior consent by you), you hereby authorize Fyber to sub-contract the Processing to service providers based outside of the European Economic Area (EEA), to the extent necessary, at Fyber sole discretion, to duly perform the Service(s) on condition that the service providers provide sufficient guarantees in relation to required level of data protection, e.g. through a Privacy Shield certification according to EU Commission Decision 2016/1250, or a sub- sub-contracting agreement which is based on the standard contractual clauses launched by virtue of the EU Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC (the “Model Contract Clauses”), or based on such other applicable trans-trans- border data transfer mechanisms. Any such Model Contract Clauses concluded by Fyber shall be treated as if concluded in the name and on behalf of you. You shall be responsible to obtain regulatory approvals from the relevant data protection authorities, when required by Law.