Regional Data Hosting Policy

PLEASE READ THESE TERMS CAREFULLY

Our Keepnet Regional Data Hosting Policy ("Policy") explains where Keepnet will host customer data. This Policy sets out our commitment to hosting Customer Data in a specific location and the exceptions to that commitment.

We offer customers a location-specific regional data hosting service (“Regional Data Hosting”) as part of their subscription.

Any terms not defined in this Policy will have the same meaning as set out in the Keepnet Customer Terms of Service. In the event of a conflict between this Policy and the Agreement, this Policy will control. We may periodically update this Policy. We will post any changes on this page and, if the changes are material, we will provide an update through the notification app in your Keepnet account.

1. Regional Data Hosting Location and Customer Data

1.1 Definitions

"Location" means the region or geographic area where your Customer Data is primarily stored within our cloud infrastructure (e.g., North America, Europe, etc.). The location will be indicated on your Order Form or in your Keepnet account. If no location is specified in your order form, your customer data will be hosted in Europe.

"Exclusions" means the services and processing not covered by the Regional Data Hosting Policy and will continue outside the Location, as described in the ‘Exclusions’ section below.

1.2 If you purchase your Subscription Service after July 19, 2021, and you are located in Europe (including Switzerland and the United Kingdom), Russia, the Middle East, and Africa (based on your IP address on sign up) we will store Customer Data within Europe for the duration of your Subscription Term in accordance with the terms of this Policy. You agree that for the purposes of the DPA, this Policy constitutes your Instructions in relation to the storage of Customer Data. The Location will be indicated on your Order Form. If no Location is specified in your Order Form your Customer Data will be hosted in the USA. Your Location will also be indicated in your Keepnet account. Your Customer Data will be replicated for disaster recovery and back-up purposes to other data centers within the Location.

1.3 You understand and agree that while Customer Data will be primarily stored and processed in the Location: (i) Keepnet, Inc. is located in the USA and certain storage and processing may continue outside of the Location, including in the USA and other regions where we, our Affiliates and Sub-processors operate; (ii) we may change Sub-processors in order to provide the Subscription Service, in accordance with the DPA; (iii) Customer Data may be accessed outside of the Location if Users accessing the Subscription Service are located outside of Europe; (iv) except as otherwise agreed only Customer Data that was submitted or collected after Regional Data Hosting was included as part of your subscription will be stored in the Location; and (v) we make no warranty that Regional Data Hosting will meet your data residency requirements. Regional Data Hosting does not apply to the Exclusions, see the ‘Exclusions’ section below for further information.

1.4 This Policy does not apply if you previously agreed to the Keepnet Regional Data Hosting Beta Terms. In that case, the terms in this Policy do not apply to you and the Keepnet Regional Data Hosting Beta Terms will continue to apply until either (i) your Keepnet account is migrated to the Location, or (ii) we notify you of the end of the Keepnet Regional Data Hosting Beta Program. The Keepnet Regional Data Hosting Beta Terms will then cease to apply and this Policy will apply.

2. Exclusions

2.1 Keepnet, Inc. is located in the USA and certain storage and processing may continue outside the Location, including in the USA and other regions where Keepnet, its Affiliates and Sub-Processors operate. Customer Data may be transferred and/or accessed outside the Location for the following Exclusions:

(i) Customer and Product Development Support: In order to provide customer support and product development support, Keepnet employees from other office locations and Sub-Processors may access your Keepnet account and Customer Data. For example, we may access your Keepnet account if you call Keepnet Support and have a question about how to use a certain feature or to fix a bug.

(ii) Security and Abuse Prevention: Keepnet employees from other office locations may access your Keepnet account and Customer Data to investigate or remediate security incidents and/or product abuse.

(iii) Integrations: If you choose to use integrations that process Customer Data, those integrations may process and/or store Customer Data in locations other than the Location. Before installing integrations, you should investigate how data is being passed to these integrations and where the data will be stored and/or processed. You are responsible for any integrations you use in conjunction with your Keepnet account.

(iv) User Access: Your Users may log in to your Keepnet account from areas outside of the Location. This means that data may be accessed and transferred from the User’s location. User access is your responsibility.

(v) Usage Data: As described in the ‘Customer Data’ section of the Customer Terms of Service, we may collect data about how you use and interact with the Subscription Service. This usage data will be transferred from the Location to the USA.

(vi) Sub-Processors: Keepnet uses Sub-Processors to provide the Subscription Service and Consulting Services. These Sub-Processors may process Customer Data (which may contain Personal Data). As a Keepnet Customer, your Customer Data will be stored and processed by these Sub-Processors within the Location, except for those listed in the table below.

You can review the list of Sub-Processors in Annex 3 of the DPA. You may choose to not use certain features or integrations supported by the Sub-Processors included in the table below. If you wish to use the features or integrations supported by these Sub-Processors, you acknowledge your Customer Data will be processed and/or stored outside of the Location.

Third Party Sub- Processor	Purpose	Applicable Service	US Data Center Sub-Processor Location: United States	EU Data Center Sub-Processor Location: EU UK or Other
Microsoft Azure	Hosting & Infrastructure	Used as an on- demand cloud computing platforms and APIs	United States	United Kingdom, Germany
Cloudflare, Inc.	Content Delivery Network	Used as a web infrastructure and website security, providing content delivery network services, DDoS mitigation, internet security, and distributed	United States	Local **Data Centers located all around the world. Traffic will be automatically routed to the
Google LLC		Used as an on- demand cloud computing platforms and APIs	United States	United Kingdom, Germany
OpenAI, LLC		Used to offer AI integration to our products and services.	United States
Stripe, Inc.		Used to collect payment for a service or subscription	United States	Europe
Twilio, Inc.	Emailing, Calling, and SMS Functionality	Used to support Keepnet’s emailing, calling, and SMS functionality	United States	*United States
Amazon AWS	Content Delivery, Storage, Message Queuing Service,	Used to support platforms content delivery through CDN and to that need to store files on S3, and utilize queuing service for messaging	United States	Europe, United Kingdom
Microsoft PowerBI	Reporting	Used to support creating advanced reports		Europe

*see https://www.cloudflare.com/network/ for further information on Cloudflare.