Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the agreement between Boom Interactive Inc. (“Boom”, “Processor”) and the customer accepting it (“Customer”, “Controller”) for use of the CoreSpec 3D service (the “Service”). It applies where Boom processes personal data contained in Customer Content on the Customer’s behalf. By accepting the Terms of Service or using the Service, the Customer agrees to this DPA.

1. Roles & Instructions

The Customer is the Controller and Boom is the Processor of personal data within Customer Content. Boom processes such personal data only on the Customer’s documented instructions (the agreement and this DPA constituting the complete instructions) and as required by law.

2. Confidentiality

Boom ensures that persons authorized to process the personal data are bound by confidentiality obligations and granted access on a least-privilege, need-to-know basis.

3. Security Measures

Boom maintains appropriate technical and organizational measures to protect personal data, including: encryption in transit (TLS 1.2+) and at rest (AES-256); access control with enforced multi-factor authentication; logical tenant isolation; automated backups with tested restore; logging and monitoring; secure development practices; personnel confidentiality and screening; and vendor security governance.

4. Sub-processors

The Customer provides general authorization for Boom to engage sub-processors in the following categories: cloud infrastructure, hosting and object storage; identity and authentication; payment processing; artificial intelligence and machine learning services used to process Customer Content; mapping, geocoding and location services; email, messaging and support tooling; and analytics, logging and error monitoring.

Boom imposes data-protection obligations on each sub-processor no less protective than those in this DPA and remains liable for their performance. Boom maintains a current list of its sub-processors, naming each one and the category it serves, and will provide that list to the Customer on request. Boom will give at least 30 days’ notice of any intended addition or replacement of a sub-processor that processes Customer personal data, allowing the Customer to object on reasonable grounds.

5. Assistance to the Controller

Taking into account the nature of processing, Boom assists the Customer, so far as possible, in fulfilling its obligations to respond to data-subject requests and to ensure security, breach notification, and data protection impact assessments under the GDPR.

6. Personal Data Breach

Boom will notify the Customer without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting the Customer’s personal data, and will provide information reasonably necessary for the Customer to meet its own obligations.

7. Return & Deletion

On termination of the Service, and at the Customer’s choice, Boom will delete or return all personal data and delete existing copies, unless applicable law requires continued storage.

8. Audit

Boom makes available information reasonably necessary to demonstrate compliance with this DPA and will allow for and contribute to audits. Boom may satisfy this obligation by providing third-party audit reports (including its sub-processors’ SOC 2 / ISO 27001 reports and, when available, Boom’s own certifications), subject to confidentiality.

9. International Data Transfers

Where Boom processes personal data of EEA or UK data subjects in the United States, the parties incorporate by reference the EU Standard Contractual Clauses (Module Two, Controller to Processor, Commission Implementing Decision (EU) 2021/914) and, for UK data, the UK International Data Transfer Addendum. The Standard Contractual Clauses prevail over this DPA in the event of any conflict regarding the transfer.

10. General

This DPA supplements the agreement for the Service; in the event of a conflict on data-protection matters, this DPA controls. Enterprise customers requiring a countersigned copy of this DPA may request one at info@cs3d.ai.

Contact

Boom Interactive Inc — info@cs3d.ai