Backlink Brain Terms

USER TERMS AND CONDITIONS

This Terms and Conditions ("Agreement"), effective as of February 1, 2026 ("Effective Date"), is entered  into by and between The User ("Licensee") and Mad Mango Marketing, LLC.,  a Florida limited liability company, with its principal place of business at 235 3rd Ave N, Unit 557, St. Petersburg, FL 33701 ("Company"). Licensee and Company may each be referred to herein as a  "Party" and collectively as the "Parties". 

WHEREAS, The Company is the owner or has legal rights in and to a propriety platform of  browsing the internet anonymously and perform queries; and 

WHEREAS, Licensee wishes to receive a license for the Company’s mobile application for the purpose of using and accessing the Platform (the “Services”) solely for the purpose set forth herein, and the Company agrees to provide the Licensee with the Services, all as detailed below and subject to the terms herein. 

NOW THEREFORE, in consideration of the mutual agreements and covenants hereinafter set  forth, the Parties hereto agree as follows: 

  1. SCOPE OF SERVICE & LICENSE 

1.1. Following the Effective Date, the Company shall provide access to the application or other credentials (“Credentials”) enabling the Licensee to access and use the Services. The Licensee is solely responsible for maintaining the confidentiality of  the Credentials and is solely responsible for all activities which occur under the use of the  Credentials. Licensee agrees to immediately notify the Company of any disclosure or unauthorized use or breach of security. 

1.2. Subject to the terms and conditions of this Agreement, the Company grants Licensee with  a revocable, limited, non-exclusive, non-transferable non- assignable and non-sub  licensable license, during the Term, to download, access and use the Services and the  relevant and necessary components of the Services solely for the purpose of Licensee’s  internal business operations (the “License”). 

1.3. Pursuant to the License, Licensee may sublicense, distribute, lease, sell, or otherwise make  available the information extracted by Licensee while using the Services (the "Extracted  Information") to third parties, as follows: (a) upon Licensee's request, and only as a  supplementary product to other Licensee's products and/or services, at an individual level  for the purposes of building links, and/or for identifying websites and individuals to pitch  to within organizations; and/or (b) with changes and supplements, all provided that, all  such third parties are bound by written agreements to use the Extracted Information (or  portions thereof) solely for their own internal business purposes, not to sublicense,  distribute, lease, sell, or otherwise make available the Extracted Information (or portions  thereof) to any third party, and such third parties are contractually prohibited from further  distribution and Mad Mango Marketing, LLC. is identified as the original data source with appropriate  attribution. (c) Licensee shall maintain records of all third parties receiving Extracted  Information and shall be directly liable for any third party's use of Extracted Information  in violation of this Agreement. Upon Company's request, Licensee shall provide  certification of compliance with these provisions. 

1.4. Pursuant to the License, Licensee shall also have the right to aggregate and anonymize the  Extracted Information (or portions thereof), and sublicense, distribute, lease, sell or  otherwise make available to third parties: (a) an aggregated and anonymized view of every  position in the workforce, together with various factors such as count, inflow, and outflow  for specific periods of time, e.g., monthly, annually, etc.; (b) generate from the Extracted Information professional profiles, job titles, skills, activities, contact counts, geographic  composition, career transitions, gender, and ethnicity, and other forms of aggregate data;  and/or (c) otherwise process and disclose the aggregated and anonymized Extracted  Information (or portion thereof) for any lawful purpose. 

1.5. Pursuant to the License, Licensee shall further have the right to customize and/or integrate  all or part of the Extracted Information (a) for research and analytics purposes; (b) with  any Licensee’s products and/or services, and use such customized/integrated information  to perform its services and/or provide its products; and (c) to license, sell, distribute, lease  or otherwise make available Licensee’s products and/or services containing all or any part  of the customized/integrated Extracted Information to third parties. 

1.6. Within the parameters set forth in Sections 1.2 to 1.5, Licensee shall determine the  purposes and means of the Processing of the Personal Data included in the Extracted  Information (within the meaning of the terms Processing and Personal Data in Schedule A), and undertakes not to sell, lease, sublicense, distribute or otherwise transfer the  Extracted Information or any portion thereof “AS-IS”, or allow any third party to use the  Extracted Information or any portion thereof for any purpose not permitted herein. 

1.7. For the avoidance of doubt, any sublicense of the Extracted Information (or portions  thereof) to third parties by Licensee as permitted under the License shall survive termination solely with respect to data lawfully extracted prior to termination. This survival provision applies solely to validly granted third-party sublicenses and  does not affect Licensee's direct rights under this Agreement, which shall terminate as set  forth in Section 7.3. 

1.8. Licensee shall: (i) not sell, lease, sublicense or distribute any rights of use in the Services  or any part thereof or allow any third party to use such rights for any purpose; (ii) not  directly or indirectly, take any action to contest Company's intellectual property rights or  infringe Company’s rights in any way; or (iii) use the name, trademarks, trade-names, and  logos of the Company without the Company’s prior written approval. 

1.9. The Licensee may provide the Company with feedback data (e.g., questions, comments,  suggestions, improvements, enhancements or the like) regarding the Company’s Services  and the Platform (collectively, “Feedback”). The Licensee is not required to provide such  Feedback, however, to the extent it shall do so, such Feedback shall be solely owned by  Company, and shall not, under any circumstance constitute Licensee’s confidential or  proprietary information, and the Licensee further acknowledges that Company may use  such Feedback in any manner the Company sees fit, without restrictions or limitations, and  without any payment of royalty or other consideration. 

  1. PRIVACY 

The License for the Platform and the provision of the Services involves the Processing of  Personal Data by the Company on behalf of the Licensee, and therefore, the Data Sharing  Addendum attached as Schedule A will apply to the Parties and form a part hereof (the  “DPA”). 

  1. CONSIDERATION 

3.1. As a condition precedent to receiving the Services and the License granted herein, Licensee  must maintain a current and active Backlink Brain subscription plan that incorporates access credits as a component of the subscription benefits. Access to and use of the application is contingent upon Licensee's continuous maintenance of such qualifying subscription plan. Company reserves the right to immediately suspend or terminate Licensee's access to the application upon lapse, expiration, or cancellation of the qualifying subscription plan. 

3.2. Licensee is solely responsible for payment of any taxes resulting from this Agreement.  Any taxes required to be withheld shall not be deducted from the Fees. All Fees under this  Agreement are presented as net prices and are exclusive of levies, duties, taxes, including  withholding taxes, which shall be payable by the Licensee in addition to the Fees owed to  Company. 

3.3. All Pre-Payments are non-refundable, unless the Services is terminated due to the  Company’s breach which prevents the Licensee to use a service that has already been paid  for. 

  1. INTELLECTUAL PROPERTY RIGHTS 

4.1. All right, title and ownership in and to the Services and any part thereof, including any and  all related documentation, component, software, code, know-how, logos, reports or any  information delivered therein as well as any updates, modifications or derivative works  therein lie exclusively with the Company and/or its licensors. 

4.2. Except as explicitly provided herein, the Company does not grant to the Licensee any right,  title or ownership in and to the Services. Further, the Company retains the right, at its sole  discretion, to: (a) modify, upgrade or update the Services at any time; (b) cease the  operation of the Services or any part thereof, temporarily or permanently, at any time,  without liability to the Licensee. 

  1. REPRESENTATIONS AND WARRANTIES 

5.1. Each Party hereby represents and warrants that: (i) it has the full corporate right, power  and authority to enter into this Agreement and to perform the acts required hereunder; (ii)  the execution of this Agreement and the performance of its obligations and duties  hereunder does not violate any agreement to which it is a Party or by which it is otherwise  bound; (iii) when executed and delivered, the Agreement will constitute the legal, valid  and binding obligation of each Party, enforceable against each Party in accordance with its  terms. 

5.2. The Company further represents and warrants it will provide the Services by using  professional care, skill and knowledge, subject to the Service Level detailed in Section 9  below. Except for the express representations and warranties stated in the Service Level,  the Company makes no warranties whatsoever and explicitly disclaims any other  warranties of any kind, either express or implied. 

5.3. The Licensee further represent and warrant that, when using the Services, it shall at all  times comply with any and all applicable laws, regulations and the terms of this  Agreement. 

  1. RESTRICTIONS OF USE 

The Licensee shall only to use the Services in accordance with the terms of this Agreement,  including the Acceptable Use Policy attached herein as Exhibit B. The Licensee shall not,  nor shall authorize or encourage any third party to: (i) use the Services in a non-compliant  or illegal manner, or any fraudulent or inappropriate purpose or in any manner that may be  deemed as an infringement of third party’s rights, including intellectual property rights,  copyrights and privacy rights; (ii) prevent others from using the Services; (iii) circumvent,  disable or otherwise interfere with security-related features of the Services nor use the  Services to distribute any virus, adware, worms, Trojan horses, malware, spyware or any  other similar malicious activities and products or any other computer code, files or  programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality  of any computer software, hardware, network or telecommunications equipment; (iv) modify, create a derivative work of, reverse engineer, disassemble the Services; (v) deface, obscure, or alter the Services; (vi) circumvent any limitation imposed by the Company  with respect to the Services. The Licensee is solely responsible for any of its actions which  breach or could be reasonably construed as a breach of this Agreement. The Company  reserve the right, at its sole discretion, to limit the Licensee’s use or prevent the Licensee  from accessing or using the Services if the Company will become aware of any action  which breaches or which is reasonably construed as a breach of this Agreement, without  prior notice or liability to the Licensee. 

  1. TERM &TERMINATION 

7.1. This Agreement shall be effective as of the Effective Date and shall remain in full force  and effect for a period of one (1) year unless terminated earlier by either party upon  advance 30 days’ written notice (the “Term”). If not terminated earlier, this Agreement  will automatically be renewed for an additional period of one (1) year, unless either Party  sent a 60-day prior notice to the other Party, according to which such Party requests not to  renew the Agreement at the end of the applicable period. Notwithstanding anything to the  contrary herein, each notice of termination in accordance with this Section, shall enter into  effect only on the last calendar day of the month in which the termination notice was sent  (the “Termination Date”). 

7.2. Notices required in accordance with this Section 7 will be done by giving written notice  (email correspondence shall be sufficient). Nonetheless, the Company shall be entitled to  terminate this Agreement either (i) by 7 days prior notice to Licensee in the event the  Licensee acts in a manner which breaches or may be deemed as a breach of this Agreement;  and (ii) immediately without prior notice in the following events: (a) Licensee’s attempt to  transfer or assign any of its rights, liabilities or obligations under this Agreement contrary  to the provisions thereof; or (b) the Licensee becomes insolvent or bankrupt or compounds  with or grants a trust deed for the benefit of his creditors; (c) Company believes it is  necessary to do so to comply with applicable law, and/or in the event of a change in the  applicable law, pursuant to which the Company considers that its representations and  warranties can no longer comply with (in full or in part), or (d) a force majeure event occurs  which materially affects Company’s ability to provide the Services. 

7.3. Upon termination of this Agreement for any reason: (i) all rights and License granted to  Licensee herein shall be terminated immediately, provided however that any validly granted third-party sublicenses of Extracted Information as permitted under Section 1.7  shall survive such termination; and (ii) Licensee will immediately cease use of the  Services, remove and delete the account provided by the Company and the Credentials, and shall return to Company all its Confidential Information. Following the termination of the  Agreement, any provisions of the Agreement that in order to fulfill their purpose need to survive the termination of the Agreement shall survive and remain in effect in perpetuity,  including without limitation, Sections 4 (Intellectual Property Rights), 8 (Confidentiality),  10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 13 (General). 

7.4. Upon termination of this Agreement, Licensee shall immediately pay all fees and  payments, and all balance due for data delivered to Licensee up to and including the  Termination Date. 

  1. CONFIDENTIALITY 

Each Party agrees to take commercially reasonable precautions to keep confidential and  protect from disclosure the Confidential Information that it receives from the other Party,  and shall only use such Confidential Information in connection with this Agreement. For  the purpose of this Agreement “Confidential Information” shall mean information that is  disclosed in a manner that would reasonably suggest that the information is confidential,  including without limitation any commercial, financial, business, technical or other  information regarding the Company’s business methodology, know-how, business methods, intellectual property, trade secrets, data collection, etc., including the Services.  Confidential Information shall not include any information that: (i) is, or later rightfully  becomes, available to the public through any act or omission of the receiving Party; (ii)  was in the receiving Party’s rightful possession prior to receipt of the information from the  disclosing Party; (iii) is lawfully disclosed to the receiving Party by a third party; or (iv) is  proven to be independently developed by the receiving Party without the use or benefit of  the Confidential Information. Further, a Party may disclose Confidential Information to  the limited extent required by applicable law or court order. Licensee shall notify Company  within 24 hours of any actual or reasonably suspected security breach affecting the  Services, Credentials, or Extracted Information. Notification shall include the nature of the  breach, affected data, remediation steps taken, and potential impact. Failure to provide  timely notification shall constitute a material breach of this Agreement. 

  1. SERVICE LEVEL 

Company’s service commitments do not include downtime to the extent resulting from:  previously scheduled maintenance and events beyond Company’s reasonable control,  including, however not limited to, any downtime: (a) caused by outages to any public  Internet backbones, networks or servers; (b) caused by any failures of Licensee’s system,  equipment, etc.; or (c) act of God. Except for failure due to the event detailed above, the  Company makes no guarantees for up time over any given calendar month. The Company shall provide reasonable technical support. The Company shall make best efforts to respond to any support request following up to 72 hours as of receipt. Licensee’s sole remedy in the event of noncompliance with this Service Level provision shall be termination of this Agreement.  Such termination does not affect payments of Fees due with regards to any use of the  Services prior to termination. 

  1. DISCLAIMER OF WARRANTIES 

Except for the express representations and warranties stated herein the Services are  provided “as-is” and “as-available” and the Company makes no other warranties and  explicitly disclaims any other warranties of any kind, either express or implied, including  but not limited to warranties of merchantability, fitness for a particular purpose or non 

infringement. The Company does not have any obligation to monitor the use of the  Platform and it is not responsible for the availability, accuracy, applicability or legality of  any information, data or domain. Further, the Company does not represent or warrant that: (i) the Services or the information derived therethrough will be error free or that any errors  will be corrected; (ii) the operation of the Services will be uninterrupted or that it will be  able to be used at any time. The Company shall not be responsible for unauthorized access  to or alteration to the Platform and will not be liable for any damages or loss incurred to  the Licensee, or any other third party as a result or in connection with the Services or in  connection with use of or reliance on any the Services or any information derived through  the Platform. In addition, the Company shall not be responsible or liable for unauthorized  access to Licensee’s systems or for the use of the Services by the Licensee. The access and  use of the Services, including the information available through the Platform, is solely at  the Licensee’s own risk. 

  1. LIMITATION OF LIABILITY 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE  COMPANY BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA,  COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY  OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES,  HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR  BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT  LIABILITY), OR OTHERWISE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER OR ARISING OUT OF  OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL  

AMOUNT OF FEES ACTUALLY PAID BY THE LICENSEE DURING THE THREE (3) MONTHS PRECEDING ANY CLAIM UNDER WHICH SUCH LIABILITY SHALL  ARISE. 

  1. INDEMNIFICATION 

The Licensee agrees to indemnify and hold the Company harmless from any and all  damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action  (“Claim”) by a third party (including reasonable attorney fees) arising from or in  connection to Licensee’s access or use of the Services or any breach of Licensee’s  responsibilities or obligations, representations or warranties under this Agreement  (including the DPA). The Company shall notify the Licensee in writing of the Claim and  shall make commercially reasonable efforts to provide the Licensee with reasonable  assistance and information. 

  1. GENERAL 

13.1. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the  remaining provisions of the Agreement will remain in full force and effect. The headings  used herein are for the convenience of the Parties only and will not affect the interpretation  of this Agreement. 

13.2. For the purposes of this Agreement, the parties will at all times be independent contractors  with no right to bind or obligate the other in any manner whatsoever. 

13.3. The Licensee may not transfer or assign its rights or obligations under this Agreement to  any third party without the Company’s prior written approval. 

13.4. This Agreement constitutes the entire agreement between the Parties and supersedes any  previous agreements or representations, either oral or written with respect to the subject  matter of this Agreement. Any reference to the Agreement herein shall include the  applicable Backlink Brain subscription agreement and the terms and conditions thereunder. 

13.5. All amendments may be made only in written and signed by both Parties. 

13.6. All notices will be made in writing and given by personal delivery, overnight courier,  facsimile, email or other means of transmission or by certified or registered mail to the  Parties at their respective addresses set forth in this Agreement. 

13.7. This Agreement, and any legal action or proceeding arising out of or related to this  Agreement, shall be interpreted in accordance with and governed by the laws of the State  of Florida, or, as appropriate, by federal law as applied by a federal court with respect  to any legal action or proceeding arising out of or related to this Agreement, both without  regard to Florida choice of law rules. Any legal action or proceeding arising out of  or related to this Agreement, including without limitation matters connected with its  performance, shall be subject to the exclusive jurisdiction of the state or federal courts  sitting in Florida, with the Parties agreeing not to dispute any discretionary federal  court jurisdiction over the entirety of any legal action or proceeding arising out of or related  to this Agreement if at least one party asserts a federal claim. The Parties hereby  irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all  objections to such venue. 

Schedule A 

DATA SHARING ADDENDUM

This data sharing addendum (the “Addendum”) forms a part of the license agreement (the “Principal  Agreement”) entered into by and between Mad Mango Marketing, LLC, a company incorporated under the laws of  the state of Florida, (“Mad Mango”) and The User (“Customer”, Mad Mango and Customer may also be referred to herein as a “Party”, and collectively they may also be referred  to as the “Parties”). 

By entering into the Principal Agreement, the Parties enter into this Addendum. For the purposes of  this Addendum only, any reference to any Party shall also refer to such Party's Affiliates, as the term  Affiliate is defined below. 

By virtue of the Principal Agreement, Mad Mango may share certain Agreement Personal Data (as this  term is defined below) with Customer. Therefore, each Party wishes to ensure that the other Party  fulfills its obligations under Applicable Privacy Laws in connection with the Agreement Personal  Data, and otherwise agree to set out the responsibilities in relation thereto (as the terms Applicable  Privacy Laws and Agreement Personal Data are defined below). 

  1. Definitions 

In this Addendum, the following words and phrases shall (unless the context otherwise  requires) have the meanings set out beside them: 

1.1. “Agreement Personal Data” shall mean any Personal Data Processed by any Party  pursuant to or in connection with the Principal Agreement. 

1.2. “Affiliate” shall mean person or entity controlling, controlled by or under the common  control with the relevant Party; the term “control”, for the purpose of this definition, shall  mean direct or indirect possession of the power to direct or cause the direction of the  management or policies of the Party in question, whether through the ability to exercise  voting power, by contract or otherwise. 

1.3. “Applicable Privacy Laws” shall mean all laws and regulations, including the laws and  regulations of the European Union, the European Economic Area and/or their member  states, Switzerland, the United Kingdom and the United States and its states, applicable  to the Processing of Agreement Personal Data. 

1.4. “CCPA” means the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq.,  and its implementing regulations. 

1.5. “Controller” means the entity which determines the purposes and means of the  Processing of Agreement Personal Data. 

1.6. “Controller to Controller Standard Contractual Clauses” shall mean the Controller to  Controller standard contractual clauses available at the following link: https://eur lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN 

1.7. “EEA” means the European Economic Area. 

1.8. “EU Privacy Laws” means EU Directive 95/46/EC, as transposed into domestic  legislation of each EU member state and as amended, replaced or superseded from time  to time, including by the GDPR and laws, rules and guidelines implementing or  supplementing the GDPR. 

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

1.10. “International Organization” means an organization and its subordinate bodies  governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. 

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

1.12. “Personal Data Breach” means a breach of security leading to the accidental or unlawful  destruction, loss, alteration, unauthorized disclosure of, or access to, Agreement Personal  Data transmitted, stored, or otherwise processed. 

1.13. “Processing” means any operation or set of operations which is performed on Personal  Data or on sets of Personal Data, whether or not by automated means, such as collection,  recording, organization, structuring, storage, adaptation or alteration, retrieval,  consultation, use, disclosure by transmission, dissemination or otherwise making  available, alignment or combination, restriction, erasure or destruction. 

1.14. “Processor” means the entity which Processes Personal Data on behalf of the Controller,  including, as applicable, any “service provider” as this term is defined by the CCPA. 

1.15. “Restricted Processing” shall mean (1) the transferring of Agreement Personal Data  outside the EEA or to an International Organization, and (2) any Processing of Agreement  Personal Data that was transferred to any country outside the EEA or to an International  Organization; in each case, where such transferring or Processing of Agreement Personal  Data would be prohibited by Applicable Privacy Laws in the absence of Controller to  Controller Standard Contractual Clauses. 

1.16. “Business”, “Service Provider”, “Third Party” and “Sale” shall have the meanings  ascribed to them in the CCPA. 

  1. Acknowledgment and Compliance 

2.1. By virtue of the Principal Agreement, the Parties acknowledge that in respect of  Agreement Personal Data Processed pursuant to the Principal Agreement the Parties are  separate Controllers and separate Businesses, as defined under any Applicable Privacy  Laws. 

2.2. Each Party shall determine the purposes and means of Processing of Agreement Personal  Data thereby independently. Accordingly, the Parties shall neither Process Agreement  Personal Data as joint controllers, nor as Controller and Processor, Business and Service  Provider, or Business and Third Party, under Applicable Privacy Laws. 

2.3. Schedule 2.3 to this Addendum sets out certain details regarding the sharing of  Agreement Personal Data between the Parties under the Principal Agreement. 

2.4. It is clarified, that the Agreement Personal Data is not intended to include special  categories of personal data, within the meaning of this term is the GDPR. Accordingly,  Customer undertakes that in case that it locates special categories of personal data within  the Agreement Personal Data transferred to it by Mad Mango, it shall (i) delete such data  immediately and refrain from using it for any purpose whatsoever and (ii) notify Mad Mango so that it can remove such data from its own database. 

2.5. Each Party shall comply with its respective obligations under Applicable Privacy Laws  in the Processing of Agreement Personal Data. 

  1. Data Security 

Customer shall implement appropriate technical and organizational measures to secure the  Agreement Personal Data, consistent with the best-practice standard of care. Without  derogating from the generality of the aforesaid, as a minimum requirement, Customer commits  to implement and apply the technical and organizational measures set forth in Schedule 3 to  protect the security of the Agreement Personal Data. 

 

  1. Restricted Processing 

4.1. The Parties hereby enter into the Controller to Controller Standard Contractual Clauses.  In the event of any conflict or inconsistency between this Addendum and the Controller  to Controller Standard Contractual Clauses, the Controller to Controller Standard  Contractual Clauses shall prevail. 

4.2. The Controller to Controller Standard Contractual Clauses entered into by and between  the Parties pursuant to Article 4.1 above, shall apply to any Restricted Processing that  will be carried out by either Party. 

4.3. Should a change in, or a decision of a competent authority under, an Applicable Privacy  Law, require to make changes to the Controller to Controller Standard Contractual  Clauses in order to validate Restricted Processing under Applicable Privacy Laws, each Party shall cooperate in good faith with the other Party to re-negotiate the terms of the  Controller to Controller Standard Contractual Clauses in light of such change or decision,  so as to ensure compliance with any Applicable Privacy Laws. 

4.4. For the avoidance of doubt, this Section 4 shall not apply in respect of Processing of  Agreement Personal Data that are allowed by EU Privacy Laws without entering into the  Controller to Controller Standard Contractual Clauses or an agreement incorporating the  Controller to Controller Standard Contractual Clauses. 

  1. Cooperation 

In any event where a Party receives correspondence, inquiry or a complaint from a third party  that relates to the Processing of Agreement Personal Data by the other Party, the following  provisions shall apply: 

5.1. The Party receiving such correspondence, inquiry or a complaint shall promptly notify  the other Party of such correspondence, inquiry or a complaint, providing it with all  details related to such correspondence, inquiry or a complaint. 

5.2. The Parties shall cooperate in good faith in order to respond to the correspondence,  inquiry or complaint in accordance with the requirements of the Applicable Privacy Laws. 

  1. Survival 

This Addendum shall survive termination or expiry of the Principal Agreement. Upon  termination or expiry of the Principal Agreement, each Party may continue to Process  Agreement Personal Data, provided that such Processing complies with Applicable Privacy  Laws and the provisions of this Addendum. 

  1. Miscellaneous 

7.1. Nothing in this Addendum reduces either Party's obligations under the Principal  Agreement or Applicable Privacy Laws in relation to the protection of Agreement  Personal Data or permits either Party to Process (or permit the Processing of) Agreement  Personal Data in a manner which is not explicitly authorized by the Principal Agreement. 

7.2. Subject to the provisions of Article 7.1 above, with regard to the subject matter of this  Addendum, in the event of inconsistencies between the provisions of this Addendum and  any other agreements between the Parties, including the Principal Agreement, the  provisions of this Addendum shall prevail. 

7.3. Without derogating from the provisions of Clauses 17 (Governing law) and 18 (Choice  of forum and jurisdiction) of the Controller to Controller Standard Contractual Clauses: 

7.3.1. This Addendum and all non-contractual or other obligations arising out of or in  connection with it are governed by the laws of the country or territory stipulated  

for this purpose in the Principal Agreement; 

7.3.2. The Parties hereby submit to the choice of jurisdiction stipulated in the Principal  Agreement with respect to any disputes or claims howsoever arising under this 

Addendum, including disputes regarding its existence, validity or termination or  the consequences of its nullity. 

7.4. If any provision of this Addendum is held by a court of competent jurisdiction to be  unenforceable, then such provision shall be excluded from this Addendum and the  remainder of this Addendum shall be interpreted as if such provision was so excluded and  shall be enforceable in accordance with its terms; provided, however, that in such event  this Addendum shall be interpreted so as to give effect, to the greatest extent consistent  with and permitted by applicable law, to the meaning and intention of the excluded  provision as determined by such court of competent jurisdiction. 

7.5. Any notice or other document to be given under this Addendum shall be in writing and  shall be deemed to have been duly given if sent via email, delivered by hand or sent by  recorded delivery to the other Party at the address noted in the preamble to Principal  Agreement. Any such notice or other documents shall be deemed to have been received  by the addressee 7 (seven) days following the date of dispatch if the notice or other  document is sent by registered post, or in the following business day after the day in which  the notice is received by personal delivery or sent via email. 

 

IN WITNESS WHEREOF, this Data Sharing Addendum is entered into and becomes a binding  part of the Agreement with effect from the date first set out above. 

Schedule 2.3 to the Addendum 

DESCRIPTION OF THE SHARING OF AGREEMENT PERSONAL DATA 

Data subjects 

The personal data transferred concern the following categories of data subjects:  

Individuals who published personal data in publicly available web pages. 

Purposes of the transfer(s) 

The transfer is made for the following purposes: 

For the provision of license and/or services by Mad Mango to Customer pursuant to the Principal Agreement. 

Categories of data 

The personal data transferred concern the following categories of data: 

Name, number of contacts, general description, country location, position, workplace, education  data, professional experience, membership in social groups, language proficiency,  recommendations, professional certificates, social activities, participation in projects and  participation in volunteer activities. 

Recipients 

The personal data transferred may be disclosed only to the following recipients or categories of recipients: 

Recipients and categories of recipients specified in the public-facing privacy policy of the  Customer, as shall be from time to time. 

Sensitive data 

The personal data transferred concern the following categories of sensitive data:  

Not applicable. 

Nature of the transfer 

The personal data transferred will be processed as part of the License pursuant to the Principal Agreement.

Schedule 3 

Minimum technical and organizational requirements:

  1. Information security program. A written security program is implemented, maintained and complied  with. As part of the program, Customer will: (i) implement an audit program to test and, if necessary,  remediate identified gaps of all security controls at least annually or whenever there is a material change  in business practices that may reasonably implicate the security or integrity of records containing  Agreement Personal Data; (ii) conduct, in line with SOC 2 Type II or similar standards, an annual risk  assessment that assesses the threats and vulnerabilities associated with systems; and (iii) produce  (pursuant to the results of (i) and (ii)) a documented risk assessment and, where appropriate, risk  remediation plan. 
  2. Security official. A designated management level or above security official is responsible for the  development, implementation, and ongoing maintenance of the information security program. The  appointed official has appropriate recognized information security credentials and qualifications. 
  3. Access control. Access rights are assigned according to the principle that employees and third parties  are only granted the level of access they need to perform their activities (need-to-know principle). Access  rights are granted according to defined (role-based) permissions. The access rights granted are reviewed  regularly. Rights that are no longer required are withdrawn immediately. 
  4. Physical access control. Secure areas are defined on the basis of information security and data  protection requirements and protected against unauthorized access by appropriate physical safeguards,  defined based on the protection needs of the information located or accessed within them. 
  5. Incident response plan. Policies and procedures are implemented, designed to detect, respond to, and  otherwise address incidents, including specific points of contact in the event of an incident, and  procedures to: (i) monitor and detect actual and attempted attacks on, or intrusions into, the processing  systems, (ii) identify and respond to suspected or known incidents, (iii) immediately mitigate the harmful  effects of any incidents without detriment to measures or actions necessary to determine the seriousness  of the breach. 
  6. System Testing and Maintenance. Customer tests and maintain systems to protect data including,  without limitation: (i) installing of critical security patches for operating systems and applications within  thirty (30) days of publication, and within three (3) months for other types of patches and updates, (ii)  installing the latest recommended versions of operating systems, software and firmware for all system  components, and (iii) ensuring that up-to-date system security agent software includes malware  protection set to receive automatically updated (at least daily) patches and virus definitions. 
  7. Audit logging. Hardware, software, or procedural mechanisms are implemented and maintained to  record and examine activity in processing systems that contain or use electronic information, including  appropriate logs and reports concerning the security requirements set forth in this Schedule. 

Security awareness and privacy training. Ongoing security and privacy awareness and training program is  maintained for all employees (including management, employees, contractors and other agents), which  includes training on how to implement and comply with the information security program and setting forth  disciplinary measures for violation of the security program. Security and privacy awareness training are  conducted at least annually.

ACCEPTABLE USE POLICY

The Acceptable Use Policy (“Policy”) describes prohibited uses of the Services under the License  Agreement. The examples described in this Policy are not exhaustive. In the event of breach of this  Policy by the Licensee, the Company may suspend or terminate the Licensee’s use of the Services. 

You may not use the Services to engage in, or promote illegal, fraudulent, abusive, or inappropriate  behavior, including, without limitations: 

  • Use of the Services through a device not owned by the Licensee or without the device owner’s  authorization; 
  • Collecting personal data, as described under applicable law without the consent of the applicable  individual (including, without limitation, phishing, Internet scamming, password robbery, etc.); 
  • Use the Services in any manner that might be deemed as copyright infringement or infringement  of any other third party’s intellectual property rights, and proprietary rights under applicable laws. 
  • Use of the Services for illegal activities including threats, terrorism related purposes, marketing  schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, identity theft, defamation, slander,  view or promotion of child pornography, etc. 
  • Use of the Services for the purpose of denial of service attacks, distributed denial of service  attacks, or engage in similar activities. 
  • Use of the Services for the purpose of distributing malware, virus software, root kits, password  crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious  activity. 
  • Use of the Services to violate or interfere with the security or integrity of any network, computer  or communications system, software, device, etc. 
  • Using of the Services for the purpose of hacking activities or any to gain unauthorized access to  any network or system, including attempting to test the vulnerability of any other system or the Platform. 
  • Use of the Services for the purpose of impersonating any other person or take on any other  individual’s identity or entity. 
  • Use the Services in order to encourage, promote any harmful or offensive content, including  content which is violent, harassing, hate speech, non-consensual sex acts, defamatory, promotes illegal  drugs, illegal gambling or violates an individual’s privacy, creates a risk to a person's safety or health,  creates a risk to public safety or health, compromises national security or interferes with an investigation  by law enforcement. 
  • Any conduct that is likely to result in any damage to the Company or whom on its behalf or bring  the Company into disruption. 

The Company reserve the right to investigate violations of this Policy or misuse of the Services, as well  as to suspend the Licensee’s use of the Services during such investigation. In the event to Company will  decide, subject to its sole discretion, the Licensee has breached this Policy, the Company may terminate  the Agreement immediately, without prior notice and without liability to the Licensee. Further, the  Company may report any activity that is suspected by it to violate applicable law to the law enforcement  authorities or other applicable third parties, include the disclosure of the Licensee’s information and  information related to alleged violations of this Policy.