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Local Data Protection Laws covered by the DPA

The BrainCreators Data Processing Addendum at http://www.BrainCreators.com/dpa (DPA) applies to the Processing of Personal Data by BrainCreators on behalf of Client under the Agreement in order to provide and improve the BrainCreators BrainMatter as a Service Solution(s) and other BrainCreators services that utilize the same underlying technology or tools, and as otherwise set out in the Agreement, if and to the extent i) the European General Data Protection Regulation (EU/2016/679) (GDPR); or ii) any other data protection laws identified below apply. The DPA prevails over any conflicting term of the Agreement.

European Economic Area:

European Union Regulations and EEA Member State laws, other than GDPR, requiring a contract governing the processing of personal data, identical to or substantially similar to the requirements specified in Art. 28 of the GDPR.

United Kingdom:

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, as amended, superseded or replaced, once entering into force, and the UK Data Protection Act 2018.

State of California, United States:

The California Consumer Privacy Act of 2018 (CCPA) upon entering into force. BrainCreators's obligations to Client under the DPA are those that the CCPA requires that a "Business" have in place with a "Service Provider" (including new Section 1.6 below), as "Service Provider" and "Business" are defined by the CCPA:

1.6 BrainCreators will not further collect, sell, retain, disclose or use the Personal Information of the Consumer for any purpose other than to perform the Services specified in the Agreement, or as otherwise permitted by CCPA. BrainCreators certifies that it understands and will comply with the restrictions set forth in this Section 1.6.

The terms used in the applicable provisions of the DPA shall be replaced as follows: "Personal Data" shall mean "Personal Information"; "Controller" shall mean "Business"; "Processor" shall mean "Service Provider"; and "Data Subject" shall mean "Consumer".