This Customer Privacy Policy ofSIGHTX, INC.(“SightX” or the “Company”), a Delaware Corporation. covers the collection, use, and disclosure of personal information that may be collected by the Company anytime you interact with the Company, such as when you visit our web site, when you purchase, license, or and/or utilize the Company’s products and services online, or when you call our sales or support associates. Please take a moment to carefully read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at the Company, and we go to great lengths to protect it.

1. Fees and Payments

Fees for Services: You agree to pay to the Company any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method agreed upon when your services agreement was signed. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions: Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel by contacting our customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

Taxes: Unless otherwise stated, you are responsible for any taxes (other than SightX’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay SightX for the Services without any reduction for Taxes. If SightX is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide SightX with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to SightX, you must provide SightX with an official tax receipt or other appropriate documentation to support such payments.

Price Changes: SightX may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. SightX will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

2. What we Collect and the Reasons the Company Collects Personal Information

We collect information directly from individuals, from third parties, and automatically through the Company Platform. When you create an account and profile on the Company Platform, we collect your name, contact information, and other information you provide. It helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about.

3. Use of Information

There are a number of situations in which your personal information may help us give you better products. For example: We may ask for your personal information when you’re discussing a service issue on the phone with an associate, participating in an online survey, registering your products, or purchasing a product. When you interact with the Company, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Company products and services you subscribe to and information relating to a support or service issue. We also collect information for market research purposes, to gain a better understanding of our customers and thus provide more valuable service.

We collect information regarding customer activities on our websites and portals. This helps us to determine how best to provide useful information to customers and to understand which parts of our web sites, products, and Internet services are of most interest to them.

We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.

This information may be shared with third parties or in special circumstances as described elsewhere in this policy, unless other terms are specifically agreed upon between, as evidenced by a written agreement accepted and executed by the Company.

4. Services

The Company also enables you to offer our products and services to various third parties. To fulfill your request, the Company may require personal information about the person to whom you are sending the product or service such as their name, physical address, email address, and the like. The personal information you provide about that person is used only for the purpose for which it is collected. Our company will not solicit your end users or use their data without your consent.

5. Publicly Displayed Information is Public

In the event the Company develops bulletin boards, chat features, or other shared communication features on our web site, you should be aware that any information you share might be visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. The Company is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously nonpublic, available by enabling certain user features, the Company will collect that information from your interaction and the information may become publicly available.

6. When the Company Discloses Your Information

The Company takes your privacy very seriously. The Company does not sell or rent your contact information to other marketers.

To help us provide superior service, your personal information may be shared with legal entities within our corporate group globally who will take steps to safeguard it in accordance with our privacy policy.

There are also times when it may be advantageous for the Company to make certain personal information about you available to companies that the Company has a strategic relationship with or that perform work for the Company to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or surveys. In such situations, these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with the Company’s policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to fully utilize our products and services, or access certain services, offers, and content on our web site.

The Company may take the personal information we receive from individuals responding to our services (surveys, research analytics, etc.) and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions. The Company then uses the aggregated information to improve the quality of its services to you, and to develop new services and products. This aggregated non-personally identifying information may be shared with third parties.

We also reserve the right to disclose your personal information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies and procedures. Finally, we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

7. How the Company Protects Your Personal Information

The Company takes precautions, including administrative, technical, and physical measures, to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

Our web sites use best-in-class encryption on all web pages where personal information is required. However, no website or Internet transmission is completely secure. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.

8. Integrity of Your Personal Information

The Company has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up-to-date by notifying us of any changes to your personal information. In addition, you can request a copy of your personal information, your service use history, and your interactions with our sales and support agents by contacting one of our support associates.

9. Privacy of Children

Protecting children’s privacy is especially important to us. The Company recognizes that parents, guardians, or other adults may purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Company purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to the Company and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our web site to persons 18 years or older.


10. Cookies and Other Technologies

As is standard practice on many corporate web sites, our web site may use “cookies” and other technologies to help us understand which parts of our web sites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our web site, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. Please note that certain features of our web site will not be available if cookies are disabled.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. The Company will not use the information collected to market directly to that person.

In some of our email messages we use a “click-through URL” linked to content on our web site. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition, we may use pixel tags, tiny graphic images, to tell us what parts of our web site customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format, which customers can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer.

11. Commitment to Your Privacy

The Company takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within the company. In addition, the Company supports industry initiatives to preserve privacy rights on the Internet and in all aspects of electronic commerce.

12. International Users

The Company abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information.


13. Links to Sites of Other Companies

Our web site may provide links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

14. Further Questions Regarding Privacy

If you have questions or concerns about the Company’s Customer Privacy Policy or data processing, please use the appropriate regional email addresses to contact us. The Company’s Data Control department in your region will respond to your inquiry within thirty (30) days.

Country or Region

Contact Information


If you do not want the Company to keep you up-to-date with Company news and the latest information on products and services, please notify us. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so, however, please note that certain features of our web site will not be available in the event you change your privacy preferences.

15. Effective Date; Updates to Privacy Policy

The terms and conditions in this policy statement came into effect on July 14th, 2015 and were most recently updated as of April 8, 2018. The Company reserves the right to revise, amend, or modify this policy at any time and in any manner. When we change the policy in a material way, a notice will be posted on our web site along with the updated privacy policy. Your use of our web site and any other services provided by the Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.

16. Express Usage Terms


Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Company may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Any comments or materials sent to the Company including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential. The Company shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, the Company shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Information that the Company publishes on the World Wide Web may contain references or cross references to Company products, programs and services that are not announced or available in your country. Such references do not imply that the Company intends to announce such products, programs or services in your country. Consult your local Company business contact for information regarding the products, programs and services, which may be available to you.

The Company makes no representations whatsoever about any other web site, which you may access through this one. When you access a non-Company web site, please understand that it is independent from the Company, and that the Company has no control over the content on that web site. In addition, a link to a non-Company web site does not mean that the Company endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, “Trojan Horses” and other items of a destructive nature.


SightX, Inc.

GDPR Data Processing Addendum

Effective as of September 27, 2021

Data Processing Agreement


    1. Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; for the purposes of this DPA, where Customer acts as processor for another controller, it shall in relation to SightX be deemed as additional and independent Controller with the respective controller rights and obligations under this DPA.

    2. Data Protection Law” means the applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the processing of Personal Data under the Agreement.

    3. Data Subject” means an identified or identifiable natural person as defined by Data Protection Law.

    4. EEA” means the European Economic Area, namely the European Union Member States along with Iceland, Liechtenstein and Norway.

    5. GDPR” means the General Data Protection Regulation 2016/679.

    6. New SCC Relevant Transfer” means a transfer (or an onward transfer) to a Third Country of Personal Data that is either subject to GDPR or to applicable Data Protection Law and where any required adequacy means under GDPR or applicable Data Protection Law can be met by entering into the New Standard Contractual Clauses.

    7. New Standard Contractual Clauses” means the unchanged standard contractual clauses, published by the European Commission, reference 2021/914 or any subsequent final version thereof which shall automatically apply. To avoid doubt Modules 2 and 3 shall apply as set out in Section 8.

    8. Personal Data” means any information relating to a Data Subject which is protected under Data Protection Law. For the purposes of the DPA, it includes only personal data which is:

      1. entered by Customer or its Authorized Users into or derived from their use of the Cloud Service; or

      2. supplied to or accessed by SightX or its Subprocessors in order to provide support under the Agreement. Personal Data is a sub-set of Customer Data (as defined under the Agreement).

    9. Personal Data Breach” means a confirmed:

      1. accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or unauthorized third-party access to Personal Data; or

      2. similar incident involving Personal Data, in each case for which a Controller is required under Data Protection Law to provide notice to competent data protection authorities or Data Subjects.

    10. Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, be it directly as processor of a controller or indirectly as subprocessor of a processor which processes personal data on behalf of the controller.

    11. Schedule” means the numbered Appendix with respect to the Standard Contractual Clauses (2010) and the numbered Annex with respect to the New Standard Contractual Clauses.

    12. Standard Contractual Clauses (2010)” means the Standard Contractual Clauses (processors) published by the European Commission, reference 2010/87/EU.

    13. Subprocessor” or “sub-processor” means SightX Affiliates, and third parties engaged by SightX, SightX’ Affiliates in connection with the Cloud Service and which process Personal Data in accordance with this DPA.

    14. Technical and Organizational Measures” means the technical and organizational measures for the relevant Cloud Service set out in Schedule 2.

    15. Third Country” means any country, organization or territory not acknowledged by the European Union under Article 45 of GDPR as a safe country with an adequate level of data protection.


    1. Purpose and Application

      1. This document (“DPA”) is incorporated into the Agreement and forms part of a written (including in electronic form) contract between SightX and Customer.

      2. This DPA applies to Personal Data processed by SightX and its Subprocessors in connection with its provision of the Cloud Service.

      3. This DPA does not apply to non-production environments of the Cloud Service if such environments are made available by SightX. Customer shall not store Personal Data in such environments.

    2. Structure Schedules 1 and 2 are incorporated into and form part of this DPA. They set out the agreed subject-matter, the nature and purpose of the processing, the type of Personal Data, categories of data subjects (Schedule 1) and the applicable Technical and Organizational Measures (Schedule 2).

    1. Governance

      1. SightX acts as a Processor and Customer and those entities that it permits to use the Cloud Service act as Controllers under the DPA.

      2. Customer acts as a single point of contact and shall obtain any relevant authorizations, consents and permissions for the processing of Personal Data in accordance with this DPA, including, where applicable approval by Controllers to use SightX as a Processor. Where authorizations, consent, instructions or permissions are provided by Customer these are provided not only on behalf of the Customer but also on behalf of any other Controller using the Cloud Service. Where SightX informs or gives notice to Customer, such information or notice is deemed received by those Controllers permitted by Customer to use the Cloud Service. Customer shall forward such information and notices to the relevant Controllers.


      1. Applicability of the Technical and Organizational Measures SightX has implemented and will apply the Technical and Organizational Measures. Customer has reviewed such measures and agrees that as to the Cloud Service selected by Customer in the Order Form the measures are appropriate taking into account the state of the art, the costs of implementation, nature, scope, context and purposes of the processing of Personal Data.

      2. Changes.

        1. SightX applies the Technical and Organizational Measures to SightX’ entire customer base hosted out of the same data center or receiving the same Cloud Service. SightX may change the Technical and Organizational Measures at any time without notice so long as it maintains a comparable or better level of security. Individual measures may be replaced by new measures that serve the same purpose without diminishing the security level protecting Personal Data.

        2. SightX will publish updated versions of the Technical and Organizational Measures at


      1. Instructions from Customer. SightX will process Personal Data only in accordance with documented instructions from Customer. The Agreement (including this DPA) constitutes such documented initial instructions and each use of the Cloud Service then constitutes further instructions. SightX will use reasonable efforts to follow any other Customer instructions, as long as they are required by Data Protection Law, technically feasible and do not require changes to the Cloud Service. If any of the before-mentioned exceptions apply, or SightX otherwise cannot comply with an instruction or is of the opinion that an instruction infringes Data Protection Law, SightX will immediately notify Customer (email permitted).

      2. Processing on Legal Requirement. SightX may also process Personal Data where required to do so by applicable law. In such a case, SightX shall inform Customer of that legal requirement before processing unless that law prohibits such information on important grounds of public interest.

      3. Personnel. To process Personal Data, SightX and its Subprocessors shall only grant access to authorized personnel who have committed themselves to confidentiality. SightX and its Subprocessors will regularly train personnel having access to Personal Data in applicable data security and data privacy measures.

      4. Cooperation.

        1. At Customer’s request, SightX will reasonably cooperate with Customer and Controllers in dealing with requests from Data Subjects or regulatory authorities regarding SightX’ processing of Personal Data or any Personal Data Breach.

        2. If SightX receives a request from a Data Subject in relation to the Personal Data processing hereunder, SightX will promptly notify Customer (where the Data Subject has provided information to identify the Customer) via e-mail and shall not respond to such request itself but instead ask the Data Subject to redirect its request to Customer.

        3. In the event of a dispute with a Data Subject as it relates to SightX’ processing of Personal Data under this DPA, the Parties shall keep each other informed and, where appropriate, reasonably co-operate with the aim of resolving the dispute amicably with the Data Subject.

        4. SightX shall provide functionality for production systems that supports Customer’s ability to correct, delete or anonymize Personal Data from a Cloud Service, or restrict its processing in line with Data Protection Law. Where such functionality is not provided, SightX will correct, delete or anonymize any Personal Data, or restrict its processing, in accordance with the Customer’s instruction and Data Protection Law.

      5. Personal Data Breach Notification. SightX will notify Customer without undue delay after becoming aware of any Personal Data Breach and provide reasonable information in its possession to assist Customer to meet Customer’s obligations to report a Personal Data Breach as required under Data Protection Law. SightX may provide such information in phases as it becomes available. Such notification shall not be interpreted or construed as an admission of fault or liability by SightX.

      6. Data Protection Impact Assessment. If, pursuant to Data Protection Law, Customer (or its Controllers) are required to perform a data protection impact assessment or prior consultation with a regulator, at Customer’s request, SightX will provide such documents as are generally available for the Cloud Service (for example, this DPA, the Agreement, audit reports and certifications). Any additional assistance shall be mutually agreed between the Parties.


      1. Export and Retrieval by Customer. During the Subscription Term and subject to the Agreement, Customer can access its Personal Data at any time. Customer may export and retrieve its Personal Data in a standard format. Export and retrieval may be subject to technical limitations, in which case SightX and Customer will find a reasonable method to allow Customer access to Personal Data.

      2. Deletion. Before the Subscription Term expires, Customer may use SightX’ self-service export tools (as available) to perform a final export of Personal Data from the Cloud Service (which shall constitute a “return” of Personal Data). At the end of the Subscription Term, Customer hereby instructs SightX to delete the Personal Data remaining on servers hosting the Cloud Service within a reasonable time period in line with Data Protection Law (not to exceed 6 months) unless applicable law requires retention.


      1. Customer Audit. Customer or its independent third-party auditor reasonably acceptable to SightX (which shall not include any third-party auditors who are either a competitor of SightX or not suitably qualified or independent) may audit SightX’ control environment and security practices relevant to Personal Data processed by SightX only if:

        1. SightX has not provided sufficient evidence of its compliance with the Technical and Organizational Measures that protect the production systems of the Cloud Service through providing either: (i) a certification as to compliance with ISO 27001 or other standards (scope as defined in the certificate); or (ii) a valid ISAE3402 or ISAE3000 or other SOC1-3 attestation report. Upon Customer’s request audit reports or ISO certifications are available through the third-party auditor or SightX;

        2. a Personal Data Breach has occurred;

        3. an audit is formally requested by Customer’s data protection authority; or

        4. provided under mandatory Data Protection Law conferring Customer a direct audit right and provided that Customer shall only audit once in any 12-month period unless mandatory Data Protection Law requires more frequent audits.

      2. Other Controller Audit. Any other Controller may assume Customer’s rights under Section 6.1 only if it applies directly to the Controller and such audit is permitted and coordinated by Customer. Customer shall use all reasonable means to combine audits of multiple other Controllers to avoid multiple audits unless the audit must be undertaken by the other Controller itself under Data Protection Law. If several Controllers whose Personal Data is processed by SightX based on the Agreement require an audit, Customer shall use all reasonable means to combine the audits and to avoid multiple audits.

      3. Scope of Audit. Customer shall provide at least 60 days advance notice of any audit unless mandatory Data Protection Law or a competent data protection authority requires shorter notice. The frequency and scope of any audits shall be mutually agreed between the parties acting reasonably and in good faith. Customer audits shall be limited in time to a maximum of 3 business days. Beyond such restrictions, the parties will use current certifications or other audit reports to avoid or minimize repetitive audits. Customer shall provide the results of any audit to SightX.

      4. Cost of Audits. Customer shall bear the costs of any audit unless such audit reveals a material breach by SightX of this DPA, then SightX shall bear its own expenses of an audit. If an audit determines that SightX has breached its obligations under the DPA, SightX will promptly remedy the breach at its own cost.


      1. Permitted Use. SightX is granted a general authorization to subcontract the processing of Personal Data to Subprocessors, provided that:

        1. SightX or SightX affiliates on its behalf shall engage Subprocessors under a written (including in electronic form) contract consistent with the terms of this DPA in relation to the Subprocessor’s processing of Personal Data. SightX shall be liable for any breaches by the Subprocessor in accordance with the terms of this Agreement;

        2. SightX will evaluate the security, privacy and confidentiality practices of a Subprocessor prior to selection to establish that it is capable of providing the level of protection of Personal Data required by this DPA; and

        3. SightX’ list of Subprocessors in place on the effective date of the Agreement will make it available to Customer upon request, including the name, address and role of each Subprocessor SightX uses to provide the Cloud Service.

        4. SightX may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:

            • Amazon Web Services (cloud infrastructure)
            • Hubspot (customer data)
            • Google (website analytics)
            • Mandrill (email processing)
            • Twilio (SMS processing)
      2. New Subprocessors. SightX’ use of Subprocessors is at its discretion, provided that:

        1. SightX will inform Customer in advance (by email or by posting on the Cloud Service) of any intended additions or replacements to the list of Subprocessors including name, address and role of the new Subprocessor; and

        2. Customer may object to such changes as set out in Section 7.3.

      3. Objections to New Subprocessors.

        1. If Customer has a legitimate reason under Data Protection Law to object to the new Subprocessors’ processing of Personal Data, Customer may terminate the Agreement (limited to the Cloud Service for which the new Subprocessor is intended to be used) on written notice to SightX. Such termination shall take effect at the time determined by the Customer which shall be no later than 30 days from the date of SightX’ notice to Customer informing Customer of the new Subprocessor. If Customer does not terminate within this 30-day period, Customer is deemed to have accepted the new Subprocessor.

        2. Within the 30-day period from the date of SightX’ notice to Customer informing Customer of the new Subprocessor, Customer may request that the parties discuss in good faith a resolution to the objection. Such discussions shall not extend the period for termination and do not affect SightX’ right to use the new Subprocessor(s) after the 30-day period.

        3. Any termination under this Section 7.3 shall be deemed to be without fault by either party and shall be subject to the terms of the Agreement.

      4. Emergency Replacement. SightX may replace a Subprocessor without advance notice where the reason for the change is outside of SightX’ reasonable control and prompt replacement is required for security or other urgent reasons. In this case, SightX will inform Customer of the replacement Subprocessor as soon as possible following its appointment. Section 7.2 applies accordingly.


      1. Conditions for International Processing. SightX shall be entitled to process Personal Data, including by using Subprocessors, in accordance with this DPA outside the country in which the Customer is located as permitted under Data Protection Law.

      2. Applicability of the Standard Contractual Clauses (2010)

          1. Where, for the period up to and including 26 September 2021, Personal Data of a Controller that is subject to GDPR is processed in a Third Country, or where Personal Data of a Swiss or United Kingdom based Controller or another Controller is processed in a Third Country and such international processing requires an adequacy means under the laws of the country of the Controller and the required adequacy means can be met by entering into Standard Contractual Clauses (2010), then:

            1. SightX and Customer enter into the Standard Contractual Clauses (2010);

            2. Customer joins the Standard Contractual Clauses (2010) entered into by SightX or the relevant SightX affiliate and the Subprocessor as an independent owner of rights and obligations; or

            3. Other Controllers whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into Standard Contractual Clauses (2010) with SightX or the relevant Subprocessors in the same manner as Customer in accordance with Section 8.2.1 a) and b) above. In such case, Customer will enter into the Standard Contractual Clauses (2010) on behalf of the other Controllers.

          2. The Standard Contractual Clauses (2010) shall be governed by the law of the country in which the relevant Controller is established.

          3. Where applicable Data Protection Law adopts the New Standard Contractual Clauses as meeting any required adequacy means as an alternative or update to the Standard Contractual Clauses (2010) then the New Standard Contractual Clauses shall apply in accordance with Section 8.3.

      3. Applicability of New Standard Contractual Clauses

          1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers

            1. Where SightX is not located in a Third Country and acts as a data exporter, SightX has entered in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers.

            2. Where SightX is in a Third Country:
               SightX and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SightX as the data importer which shall apply as follows:

              1. Module 2 (Controller to Processor) shall apply where Customer is a Controller; and

              2. Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SightX acknowledges that Customer acts as Processor under the instructions of its Controller(s).

          2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SightX in the same manner as Customer in accordance with Section above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors.

          3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SightX (including the relevant Schedules), available to Data Subjects.

      1. Relation of the Standard Contractual Clauses to the Agreement Nothing in the Agreement shall be construed to prevail over any conflicting clause of the Standard Contractual Clauses (2010) or the New Standard Contractual Clauses. For the avoidance of doubt, where this DPA further specifies audit and Subprocessor rules, such specifications also apply in relation to the Standard Contractual Clauses (2010) and the New Standard Contractual Clauses.

      2. Third Party Beneficiary Right under the New Standard Contractual Clauses

          1. Where Customer is located in a Third Country and acting as a data importer under Module 2 or Module 3 of the New Standard Contractual Clauses and SightX is acting as Customer’s sub-processor under the applicable Module, the respective data exporter shall have the following third-party beneficiary right:

          2. If Customer has factually disappeared, ceased to exist in law or has become insolvent (in all cases without a successor entity that has assumed the legal obligations of the Customer by contract or by operation of law), the respective data exporter shall have the right to terminate the affected Cloud Service solely to the extent that the data exporter’s Personal Data is processed. In such event, the respective data exporter also instructs SightX to erase or return the Personal Data.


        1. Each party is responsible for its compliance with its documentation requirements, in particular maintaining records of processing where required under Data Protection Law. Each party shall reasonably assist the other party in its documentation requirements, including providing the information the other party needs from it in a manner reasonably requested by the other party (such as using an electronic system), in order to enable the other party to comply with any obligations relating to maintaining records of processing.

      This Schedule 1 applies to describe the Processing of Personal Data for the purposes of the Standard Contractual Clauses (2010), New Standard Contractual Clauses and applicable Data Protection Law.


        1. Under the Standard Contractual Clauses (2010)

          1. Data Exporter
             The data exporter under the Standard Contractual Clauses (2010) is the Customer who subscribed to a Cloud Service that allows Authorized Users to enter, amend, use, delete or otherwise process Personal Data. Where the Customer allows other Controllers to also use the Cloud Service, these other Controllers are also data exporters.

          2. Data Importer
             SightX and its Subprocessors that provide and support the Cloud Service are data importers under the Standard Contractual Clauses (2010).

        2. Under the New Standard Contractual Clauses

          1. Module 2: Transfer Controller to Processor
             Where SightX is located in a Third Country, Customer is the Controller and SightX is the Processor, then Customer is the data exporter and SightX is the data importer.

          2. Module 3: Transfer Processor to Processor
             Where SightX is located in a Third Country, Customer is a Processor and SightX is a Processor, then Customer is the data exporter and SightX is the data importer.


          1. Data Subjects
             Unless provided otherwise by the data exporter, transferred Personal Data relates to the following categories of Data Subjects: employees, contractors, business partners or other individuals having Personal Data stored in the Cloud Service, transmitted to, made available to, accessed or otherwise processed by the data importer.

          2. Data Categories
             The transferred Personal Data concerns the following categories of data:
             Customer determines the categories of data per Cloud Service subscribed. Customer can configure the data fields during implementation of the Cloud Service or as otherwise provided by the Cloud Service. The transferred Personal Data typically relates to the following categories of data: name, phone numbers, e-mail address, address data, system access / usage / authorization data, company name, contract data, invoice data, plus any application-specific data that Authorized Users enter into the Cloud Service.

          3. Special Data Categories (if agreed)

            1. The transferred Personal Data may comprise special categories of personal data set out in the Agreement (“Sensitive Data”). SightX has taken Technical and Organizational Measures as set out in Schedule 2 to ensure a level of security appropriate to protect also Sensitive Data.

            2. The transfer of Sensitive Data may trigger the application of the following additional restrictions or safeguards if necessary to take into consideration the nature of the data and the risk of varying likelihood and severity for the rights and freedoms of natural persons (if applicable):

              1. training of personnel;

              2. encryption of data in transit and at rest;

              3. system access logging and general data access logging.

            1. In addition, the Cloud Services provide measures for handling of Sensitive Data as described in the Documentation.

          1. Purposes of the data transfer and further processing; Nature of the processing

            1. The transferred Personal Data is subject to the following basic processing activities:

              1. use of Personal Data to set up, operate, monitor and provide the Cloud Service (including operational and technical support);

              2. continuous improvement of service features and functionalities provided as part of the Cloud Service including automation, transaction processing and machine learning;

              3. provision of professional services;

              4. communication to Authorized Users;

              5. storage of Personal Data in dedicated data centers (multi-tenant architecture);

              6. release, development and upload of any fixes or upgrades to the Cloud Service;

              7. back up and restoration of Personal Data stored in the Cloud Service

              8. computer processing of Personal Data, including data transmission, data retrieval, data access;

              9. network access to allow Personal Data transfer;

              10. monitoring, troubleshooting and administering the underlying Cloud Service infrastructure and database;

              11. security monitoring, network-based intrusion detection support, penetration testing; and

              12. execution of instructions of Customer in accordance with the Agreement.

            1. The purpose of the transfer is to provide and support the Cloud Service. SightX and its Subprocessors may support the Cloud Service data centers remotely. SightX and its Subprocessors provide support when a Customer submits a support ticket as further set out in the Agreement.

          1. Additional description in respect of the New Standard Contractual Clauses:

            1. Applicable Modules of the New Standard Contractual Clauses

              1. Module 2: Transfer Controller to Processor

              2. Module 3: Transfer Processor to Processor

            1. For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:
               In respect of the New Standard Contractual Clauses, transfers to Subprocessors shall be on the same basis as set out in the DPA.

            2. The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
               Transfers shall be made on a continuous basis.

            3. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period.
               Personal Data shall be retained for the duration of the Agreement and subject to Section 5.2 of the DPA.


            1. In respect of the New Standard Contractual Clauses:

              1. Module 2: Transfer Controller to Processor

              2. Module 3: Transfer Processor to Processor

            2. Where Customer is the data exporter, the supervisory authority shall be the competent supervisory authority that has supervision over the Customer in accordance with Clause 13 of the New Standard Contractual Clauses.

          Schedule 2 Technical and Organizational Measures

          This Schedule 2 applies to describe the applicable technical and organizational measures for the purposes of the Standard Contractual Clauses (2010), New Standard Contractual Clauses and applicable Data Protection Law.
          SightX will apply and maintain the Technical and Organizational Measures.
          To the extent that the provisioning of the Cloud Service comprises New SCC Relevant Transfers, the Technical and Organizational Measures set out in Schedule 2 describe the measures and safeguards which have been taken to fully take into consideration the nature of the personal data and the risks involved. If local laws may affect the compliance with the clauses, this may trigger the application of additional safeguards applied during transmission and to the processing of the personal data in the country of destination (if applicable: encryption of data in transit, encryption of data at rest, anonymization, pseudonymization).

             The following sections define SightX’ current technical and organizational measures. SightX may change these at any time without notice so long as it maintains a comparable or better level of security. Individual measures may be replaced by new measures that serve the same purpose without diminishing the security level protecting Personal Data.

            1. Physical Access Control. Unauthorized persons are prevented from gaining physical access to premises, buildings or rooms where data processing systems that process and/or use Personal Data are located.

                • SightX protects its assets and facilities using the appropriate means based on the SightX Security Policy

                • In general, buildings are secured through access control systems (e.g., smart card access system).

                • As a minimum requirement, the outermost entrance points of the building must be fitted with a certified key system including modern, active key management.

                • Depending on the security classification, buildings, individual areas and surrounding premises may be further protected by additional measures. These include specific access profiles, video surveillance, intruder alarm systems and biometric access control systems.

                • Access rights are granted to authorized persons on an individual basis according to the System and Data Access Control measures (see Section 1.2 and 1.3 below). This also applies to visitor access. Guests and visitors to SightX buildings must register their names at reception and must be accompanied by authorized SightX personnel.

          Additional measures for Data Centers:

                • All Data Centers adhere to strict security procedures enforced by guards, surveillance cameras, motion detectors, access control mechanisms and other measures to prevent equipment and Data Center facilities from being compromised. Only authorized representatives have access to systems and infrastructure within the Data Center facilities. To protect proper functionality, physical security equipment (e.g., motion sensors, cameras, etc.) undergo maintenance on a regular basis.

                • SightX and all third-party Data Center providers log the names and times of authorized personnel entering SightX’ private areas within the Data Centers.

            1. System Access Control. Data processing systems used to provide the Cloud Service must be prevented from being used without authorization.

                • Multiple authorization levels are used when granting access to sensitive systems, including those storing and processing Personal Data. Authorizations are managed via defined processes according to the SightX Security Policy

                • All personnel access SightX’ systems with a unique identifier (user ID).

                • SightX has procedures in place so that requested authorization changes are implemented only in accordance with the SightX Security Policy (for example, no rights are granted without authorization). In case personnel leaves the company, their access rights are revoked.

                • The company network is protected from the public network by firewalls.

                • SightX uses up–to-date antivirus software at access points to the company network (for e-mail accounts), as well as on all file servers and all workstations.

                • Security patch management is implemented to provide regular and periodic deployment of relevant security updates. Full remote access to SightX’ corporate network and critical infrastructure is protected by strong authentication.

            2. Data Access Control. Persons entitled to use data processing systems gain access only to the Personal Data that they have a right to access, and Personal Data must not be read, copied, modified, or removed without authorization in the course of processing, use and storage.

                • As part of the SightX Security Policy, Personal Data requires at least the same protection level as “confidential” information according to the SightX Information Classification standard.

                • Access to Personal Data is granted on a need-to-know basis. Personnel have access to the information that they require to fulfill their duty. SightX uses authorization concepts that document grant processes and assigned roles per account (user ID). All Customer Data is protected in accordance with the SightX Security Policy.

                • All production servers are operated in the Data Centers or in secure server rooms. Security measures that protect applications processing Personal Data are regularly checked. To this end, SightX conducts internal and external security checks and penetration tests on its IT systems.

                • An SightX security standard governs how data and data carriers are deleted or destroyed once they are no longer required.

            3. Data Transmission Control. Except as necessary for the provision of the Cloud Services in accordance with the Agreement, Personal Data must not be read, copied, modified, or removed without authorization during transfer. Where data carriers are physically transported, adequate measures are implemented at SightX to provide the agreed-upon service levels (for example, encryption and lead-lined containers).

                • Personal Data in transfer over SightX internal networks is protected according to SightX Security Policy.

                • When data is transferred between SightX and its customers, the protection measures for the transferred Personal Data are mutually agreed upon and made part of the relevant agreement. This applies to both physical and network-based data transfer. In any case, the Customer assumes responsibility for any data transfer once it is outside of SightX-controlled systems (e.g., data being transmitted outside the firewall of the SightX Data Center).

            4. Data Input Control. It will be possible to retrospectively examine and establish whether and by whom Personal Data have been entered, modified, or removed from SightX data processing systems.

                • SightX only allows authorized personnel to access Personal Data as required in the course of their duty.

                • SightX has implemented a logging system for input, modification, and deletion, or blocking of Personal Data by SightX or its subprocessors within the Cloud Service to the extent technically possible.

            1. Job Control. Personal Data being processed on commission (i.e., Personal Data processed on a customer’s behalf) is processed solely in accordance with the Agreement and related instructions of the customer.

                • SightX uses controls and processes to monitor compliance with contracts between SightX and its customers, subprocessors or other service providers.

                • As part of the SightX Security Policy, Personal Data requires at least the same protection level as “confidential” information according to the SightX Information Classification standard.

                • All SightX employees and contractual subprocessors or other service providers are contractually bound to respect the confidentiality of all sensitive information including trade secrets of SightX customers and partners.

            2. Availability Control. Personal Data will be protected against accidental or unauthorized destruction or loss.

                • SightX employs regular backup processes to provide restoration of business-critical systems as and when necessary.

                • SightX uses uninterrupted power supplies (for example: UPS, batteries, generators, etc.) to protect power availability to the Data Centers.

                • SightX has defined business contingency plans for business-critical processes and may offer disaster recovery strategies for business-critical Services as further set out in the Documentation or incorporated into the Order Form for the relevant Cloud Service.

                • Emergency processes and systems are regularly tested.

            3. Data Separation Control.

                • SightX uses the technical capabilities of the deployed software (for example: multi- tenancy, system landscapes) to achieve data separation among Personal Data originating from multiple customers.

                • Customer (including its Controllers) has access only to its own data.

            4. Data Integrity Control. Personal Data will remain intact, complete and current during processing activities.
               SightX has implemented a multi-layered defense strategy as a protection against unauthorized modifications. In particular, SightX uses the following to implement the control and measure sections described above:

                • Firewalls;

                • Security Monitoring Center;

                • Antivirus software;

                • Backup and recovery;

                • External and internal penetration testing;

                • Regular external audits to prove security measures.