Data Act addendum

ISwitching conditions and procedure

The Customer may, at any time during the subscription term, with no less than two (2) months’ notice of its decision, request Eterny in writing to either (a) switch to a different service provider of data processing services; or to port all data to an on-premises ICT infrastructure; or (b) request Eterny to erase data upon termination of Services (collectively “Switch Request”). Eterny shall initiate the switching process no later than 2 months after receiving the Switch Request (the “Notice Period”).

The switching shall then be carried out during a transitional period of 30 calendar days, starting at the end of the Notice Period. Where justified by the volume, complexity or regulatory nature of the data, Eterny may extend the transitional period for up to a total of 7 months from the Switch Request upon no less than 14-day notice from the Switch Request to the Customer.

During such transition period, Customer shall continue to have access to the Services and the Agreement shall remain in force. During the transitional and retrieval period, Eterny shall act with due care and maintain business continuity, assist the Customer in the switching process, and ensure the continued security of the data and Services. Any services not expressly included in the scope of the Services or described in this Addendum shall be deemed out of scope and may be provided by Eterny only under a separate written agreement.

Eterny may charge the Customer reasonable, cost-based switching fees covering the direct technical and operational effort required to execute the transfer and maintain continuity of service, and these fees shall be invoiced and payable prior to data export.

If the Customer exercises the switching right before the expiry of any fixed or committed subscription term, in addition to the switching fees, all remaining subscription fees for that committed term shall become immediately due and payable as a reasonable and proportionate early termination fee. Such early termination fee is a genuine pre-estimate of loss, intended to compensate Eterny for unrecovered costs and discounts granted for the committed term, and shall not be treated as a penalty. All amounts already paid are non-refundable and non-cancellable.

Services shall be deemed terminated, and the Customer shall be notified of such termination, in either of the following cases:

• (a) Switching completed: upon the successful completion of the switching process by the Customer at the end of the applicable transitional period; or
• (b) Data erasure: at the end of the applicable Notice Period, where the Customer elects not to switch to another provider but to have Eterny erase all exportable data and digital assets upon termination of the Services.

Upon expiry of the transitional period, the Customer shall have an additional thirty (30)-day retrieval period (the “Retrieval Period”) to access and download its exportable data and digital assets. The Customer shall pay Eterny a pro-rated portion of the annual fees for such Retrieval Period. After successful completion of the switching process and expiry of the Retrieval Period (or any later period agreed in writing), Eterny shall permanently delete or anonymise all Customer data in accordance with its data-retention policies, except where retention is required by law.

IIInformation required according to Article 26 of the Data Act (online register)

The register below includes a list of all categories of exportable data and digital assets that can be ported during the switching process.

Data portability: Eterny shall make available, and the customer may extract content at any time during the subscription in the commonly accepted and used formats as indicated below.

• CSV: ideal for importing data into other database tools or spreadsheets.
• HTML: useful for sharing data in a web-friendly format, with the option to copy the export data to the clipboard.
• PDF: suitable for creating read-only versions of your data for reports and presentations.
• XLS: best for working with data in Excel, allowing full editing, formatting, and use of formulas.
• TXT: ideal for exporting plain text data that can be opened in any text editor or processed by other applications.
• Other formats used by customer and uploaded to the Eterny Platform.

Exportable data list: the list below provides a complete overview of all data categories of exportable data and digital assets that can be exported or transferred during the switching process.

You can export the following data from the Eterny Platform

• All data that you have uploaded to the Eterny Platform
• All data that you were granted access to as a Trusted contact or Beneficiary
• Profile page

Data that can’t be exported

• Automation rules
• Settings
• Third-party apps and app data
• Internal system logs
• Metadata for fraud prevention/security
• Aggregated usage stats
• System-level authentication logs

Methods of data transfer (to another provider / ICT)

• Secure download via HTTPS/API
• Bulk export via admin interface

Known limitations

• Attachments may need separate export
• Formatting may differ across the Eterny Platform

Eterny may inform customer about any further risks to the continuity in the provision of the services and/or technical limitations as a result of the switching once the switching request is submitted or as otherwise indicated by Eterny.

IIISafeguards against unauthorized access by government administrations to data stored in the EU

Data access requests: where legally permissible, Eterny will notify the customer if it receives a legally binding request from a public authority (including judicial or administrative authorities, or national security or intelligence agencies) for disclosure of or access to the customer’s data or becomes aware of any direct access by such authorities. Eterny will cooperate with the customer and provide reasonable assistance to respond to the request.

Eterny will use all reasonably available legal mechanisms to challenge any binding legal requests for disclosure of or access to customers’ data made by any public authority that it receives, as well as any non-disclosure provisions attached to any such request. Eterny will review any legal requests in line with art. 32 of the Data Act. Eterny further states that it will make reasonable efforts to provide public authorities with only the minimum information required, based on a reasonable interpretation of the request.

If Eterny is prohibited by applicable law or regulation from notifying the customer or disclosing the details of a public authority request to the customer, Eterny will use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible.

Security measures: for a general description of the technical, organisational and contractual measures adopted by Eterny in order to prevent international governmental access to or transfer of non-personal data held in the Union where such access or transfer would create a conflict with Union law or the national law of the relevant Member State, please see our Technical and Organisational Measures.

IVJurisdiction to which the ICT infrastructure deployed for data processing is subject

The jurisdiction applicable to Eterny Platform infrastructure, where your data and your assets will be stored, depends on a number of factors, including the region(s) where they are physically located. The location where the data is hosted is: Ireland, the Czech Republic.