EEA Standard Contractual Clauses

Effective: February 07, 2024

Standard Contractual Clauses (processors)
Data Controller as defined in the Data Processing Agreement (the “data exporter”),

And

Pup Culture Designs, which is based at 140 W. Franklin St, Suite 203, Monterey, CA 93940, United States, if the data exporter is transferring personal data to Pup Culture Designs under the Data Processing Agreement; (the relevant Pup Culture Designs entity described above is referred to as the “data importer”),
each a “party”; together “the parties”, HAVE AGREED on the following Contractual Clauses (the “Clauses”) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal
data specified in Appendix 1.

SECTION I
Clause 1
Purpose and scope
(a) The purpose of these standard contractual clauses is to ensure compliance with the
requirements of 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 (General Data Protection Regulation) (1) for the transfer
of personal data to a third country.
(b) The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter
‘entity/ies’) transferring the personal data, as listed in Annex I. A (hereinafter each ‘data
exporter’), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or
indirectly via another entity also Party to these Clauses, as listed in Annex I. A (hereinafter each
‘data importer’)
have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral
part of these Clauses.
Clause 2
Effect and invariability of the Clauses
(a) These Clauses set out appropriate safeguards, including enforceable data subject rights
and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU)
2016/679 and, with respect to data transfers from controllers to processors and/or processors to
processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679,
provided they are not modified, except to select the appropriate Module(s) or to add or update
information in the Appendix. This does not prevent the Parties from including the standard
contractual clauses laid down in these Clauses in a wider contract and/or adding other clauses
or additional safeguards, provided that they do not contradict, directly or indirectly, these
Clauses or prejudice the fundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by
virtue of Regulation (EU) 2016/679.

Clause 3
Third-party beneficiaries
(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against
the data exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9 – Clause 9(a), (c), (d) and (e);
(iv) Clause 12 – Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18 – Clause 18(a) and (b);
(b) Paragraph (a) is without prejudice to the rights of data subjects under Regulation (EU)
2016/679.
Clause 4
Interpretation
(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms
shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU)
2016/679.

(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations
provided for in Regulation (EU) 2016/679.

Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements
between the Parties, existing at the time these Clauses are agreed or entered into thereafter,
these Clauses shall prevail.

Clause 6
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are
transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7
Docking clause
(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede
to these Clauses at any time, either as a data exporter or as a data importer, by completing the
Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become
a Party to these Clauses and have the rights and obligations of a data exporter or data importer
in accordance with its designation in Annex I.A.

(c) The acceding entity shall have no rights or obligations arising under these Clauses from the
period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data
importer is able, through the implementation of appropriate technical and organisational
measures, to satisfy its obligations under these Clauses.
8.1 Instructions
(a) The data importer shall process the personal data only on documented instructions from the
data exporter. The data exporter may give such instructions throughout the duration of the
contract.
(b) The data importer shall immediately inform the data exporter if it is unable to follow those
instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the
transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as
completed by the Parties, available to the data subject free of charge. To the extent necessary
to protect business secrets or other confidential information, including the measures described
in Annex II and personal data, the data exporter may redact part of the text of the Appendix to
these Clauses prior to sharing a copy but shall provide a meaningful summary where the data
subject would otherwise not be able to understand its content or exercise his/her rights. On
request, the Parties shall provide the data subject with the reasons for the redactions, to the
extent possible without revealing the redacted information. This Clause is without prejudice to
the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has
become outdated, it shall inform the data exporter without undue delay. In this case, the data
importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B.
After the end of the provision of the processing services, the data importer shall, at the choice of
the data exporter, delete all personal data processed on behalf of the data exporter and certify
to the data exporter that it has done so, or return to the data exporter all personal data
processed on its behalf and delete existing copies. Until the data is deleted or returned, the data
importer shall continue to ensure compliance with these Clauses. In case of local laws
applicable to the data importer that prohibit return or deletion of the personal data, the data
importer warrants that it will continue to ensure compliance with these Clauses and will only
process it to the extent and for as long as required under that local law. This is without prejudice
to Clause 14, in particular, the requirement for the data importer under Clause 14(e) to notify the
data exporter throughout the duration of the contract if it has reason to believe that it is or has
become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
(a) The data importer and, during transmission, also the data exporter shall implement
appropriate technical and organisational measures to ensure the security of the data, including

protection against a breach of security leading to accidental or unlawful destruction, loss,
alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’). In
assessing the appropriate level of security, the Parties shall take due account the state of the
art, the costs of implementation, the nature, scope, context and purpose(s) of processing and
the risks involved in the processing for the data subjects. The Parties shall in particular consider
having recourse to encryption or pseudonymisation, including during transmission, where the
purpose of processing can be fulfilled in that manner. In the case of pseudonymisation, the
additional information for attributing the personal data to a specific data subject shall, where
possible, remain under the exclusive control of the data exporter. In complying with its
obligations under this paragraph, the data importer shall at least implement the technical and
organisational measures specified in Annex II. The data importer shall carry out regular checks
to ensure that these measures continue to provide an appropriate level of security.
(b) The data importer shall grant access to the personal data to members of its personnel only
to the extent strictly necessary for the implementation, management and monitoring of the
contract. It shall ensure that persons authorised to process the personal data have committed
themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data
importer under these Clauses, the data importer shall take appropriate measures to address the
breach, including measures to mitigate its adverse effects. The data importer shall also notify
the data exporter without undue delay after having become aware of the breach. Such
notification shall contain the details of a contact point where more information can be obtained,
a description of the nature of the breach (including, where possible, categories and an
approximate number of data subjects and personal data records concerned), its likely
consequences and the measures taken or proposed to address the breach including, where
appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not
possible to provide all information at the same time, the initial notification shall contain the
information then available and further information shall, as it becomes available, subsequently
be provided without undue delay.
(d) The data importer shall cooperate with and assist the data exporter to enable the data
exporter to comply with its obligations under Regulation (EU) 2016/679, in particular, to notify
the competent supervisory authority and the affected data subjects, taking into account the
nature of processing and the information available to the data importer.

8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, trade union membership, genetic data, or biometric data for
the purpose of uniquely identifying a natural person, data concerning health or a person’s sex
life or sexual orientation, or data relating to criminal convictions and offences (hereinafter
‘sensitive data), the data importer shall apply the specific restrictions and/or additional
safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented
instructions from the data exporter. In addition, the data may only be disclosed to a third party
located outside the European Union (4) (in the same country as the data importer or in another
third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these
Clauses, under the appropriate Module, or if:
(a) the onward transfer is to a country benefiting from an adequacy decision pursuant to Article
45 of Regulation (EU) 2016/679 that covers the onward transfer;
(b) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47
Regulation of (EU) 2016/679 with respect to the processing in question;
(c) the onward transfer is necessary for the establishment, exercise or defence of legal claims
in the context of specific administrative, regulatory or judicial proceedings; or
(d) the onward transfer is necessary in order to protect the vital interests of the data subject or
of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards
under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
(a) The data importer shall promptly and adequately deal with enquiries from the data exporter
that relate to the processing under these Clauses.

(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the
data importer shall keep appropriate documentation on the processing activities carried out on
behalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary to
demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s
request, allow for and contribute to audits of the processing activities covered by these Clauses,
at reasonable intervals or if there are indications of non-compliance. In deciding on a review or
audit, the data exporter may take into account relevant certifications held by the data importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent
auditor. Audits may include inspections at the premises or physical facilities of the data importer
and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the
results of any audits, available to the competent supervisory authority on request.
Clause 9
Use of sub-processors
(a) The data importer has the data exporter’s general authorisation for the engagement of
sub-processor(s) from an agreed list. The data importer shall specifically inform the data
exporter in writing of any intended changes to that list through the addition or replacement of
sub-processors at least fourteen days in advance, thereby giving the data exporter sufficient
time to be able to object to such changes prior to the engagement of the sub-processor(s). The
data importer shall provide the data exporter with the information necessary to enable the data
exporter to exercise its right to object.
(b) Where the data importer engages a sub-processor to carry out specific processing activities
(on behalf of the data exporter), it shall do so by way of a written contract that provides for, in
substance, the same data protection obligations as those binding the data importer under these
Clauses, including in terms of third-party beneficiary rights for data subjects. (8) The Parties
agree that, by complying with this Clause, the data importer fulfils its obligations under Clause
8.8. The data importer shall ensure that the sub-processor complies with the obligations to
which the data importer is subject pursuant to these Clauses.

(c) The data importer shall provide, at the data exporter’s request, a copy of such a
sub-processor agreement and any subsequent amendments to the data exporter. To the extent
necessary to protect business secrets or other confidential information, including personal data,
the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance of
the sub-processor’s obligations under its contract with the data importer. The data importer shall
notify the data exporter of any failure by the sub-processor to fulfil its obligations under that
contract.
(e) The data importer shall agree on a third-party beneficiary clause with the sub-processor
whereby – in the event, the data importer has factually disappeared, ceased to exist in law or
has become insolvent – the data exporter shall have the right to terminate the sub-processor
contract and to instruct the sub-processor to erase or return the personal data.
Clause 10
Data subject rights
(a) The data importer shall promptly notify the data exporter of any request it has received from
a data subject. It shall not respond to that request itself unless it has been authorised to do so
by the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data
subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard,
the Parties shall set out in Annex II the appropriate technical and organisational measures,
taking into account the nature of the processing, by which the assistance shall be provided, as
well as the scope and the extent of the assistance required.
(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with
the instructions from the data exporter.
Clause 11
Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format,
through individual notice or on its website, of a contact point authorised to handle complaints. It
shall deal promptly with any complaints it receives from a data subject.
(b) In case of a dispute between a data subject and one of the Parties as regards compliance
with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely
fashion. The Parties shall keep each other informed about such disputes and, where
appropriate, cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data
importer shall accept the decision of the data subject to:
(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual
residence or place of work, or the competent supervisory authority pursuant to Clause 13;
(ii) refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body,
organisation or association under the conditions set out in Article 80(1) of Regulation (EU)
2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or
Member State law.
(f) The data importer agrees that the choice made by the data subject will not prejudice his/her
substantive and procedural rights to seek remedies in accordance with applicable laws.
Clause 12
Liability
(a) Each Party shall be liable to the other Party/ies for any damages it causes the other
Party/ies by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to
receive compensation, for any material or non-material damages the data importer or its
sub-processor causes the data subject by breaching the third-party beneficiary rights under
these Clauses.

(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the
data subject shall be entitled to receive compensation, for any material or non-material
damages the data exporter or the data importer (or its sub-processor) causes the data subject
by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to
the liability of the data exporter and, where the data exporter is a processor acting on behalf of a
controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU)
2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages
caused by the data importer (or its sub-processor), it shall be entitled to claim back from the
data importer that part of the compensation corresponding to the data importer’s responsibility
for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as a
result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable
and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to
claim back from the other Party/ies that part of the compensation corresponding to its/their
responsibility for the damage.
(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Clause 13
Supervision
(a) The parties agree that the supervisory authority with responsibility for ensuring compliance
by the data exporter with Regulation (EU) 2016/679 as regards the data transfer shall be the
Dutch Data Protection Authority (Autoriteit Persoonsgegevens), which shall act as a competent
supervisory authority.
(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the
competent supervisory authority in any procedures aimed at ensuring compliance with these
Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and
comply with the measures adopted by the supervisory authority, including remedial and

compensatory measures. It shall provide the supervisory authority with written confirmation that
the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE
OF ACCESS BY PUBLIC AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the
Clauses
(a) The Parties warrant that they have no reason to believe that the laws and practices in the
third country of destination are applicable to the processing of the personal data by the data
importer, including any requirements to disclose personal data or measures authorising access
by public authorities, prevent the data importer from fulfilling its obligations under these Clauses.
This is based on the understanding that laws and practices that respect the essence of the
fundamental rights and freedoms and do not exceed what is necessary and proportionate in a
democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU)
2016/679 are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due
account in particular the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the
number of actors involved and the transmission channels used; intended onward transfers; the
type of recipient; the purpose of the processing; the categories and format of the transferred
personal data; the economic sector in which the transfer occurs; the storage location of the data
transferred;
(ii) the laws and practices of the third country of destination– including those requiring the
disclosure of data to public authorities or authorising access by such authorities – relevant in
light of the specific circumstances of the transfer, and the applicable limitations and safeguards
(12);

(iii) any relevant contractual, technical or organisational safeguards put in place to supplement
the safeguards under these Clauses, including measures applied during transmission and to the
processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has
made its best efforts to provide the data exporter with relevant information and agrees that it will
continue to cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to
the competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these
Clauses and for the duration of the contract, it has reason to believe that it is or has become
subject to laws or practices not in line with the requirements under paragraph (a), including
following a change in the laws of the third country or a measure (such as a disclosure request)
indicating an application of such laws in practice that is not in line with the requirements in
paragraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has
reason to believe that the data importer can no longer fulfil its obligations under these Clauses,
the data exporter shall promptly identify appropriate measures (e.g. technical or organisational
measures to ensure security and confidentiality) to be adopted by the data exporter and/or data
importer to address the situation. The data exporter shall suspend the data transfer if it
considers that no appropriate safeguards for such transfer can be ensured, or if instructed by
the competent supervisory authority to do so. In this case, the data exporter shall be entitled to
terminate the contract, insofar as it concerns the processing of personal data under these
Clauses. If the contract involves more than two Parties, the data exporter may exercise this right
to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by
public authorities
15.1 Notification

(a) The data importer agrees to notify the data exporter and, where possible, the data subject
promptly (if necessary with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities, under
the laws of the country of destination for the disclosure of personal data transferred pursuant to
these Clauses; such notification shall include information about the personal data requested, the
requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred
pursuant to these Clauses in accordance with the laws of the country of destination; such
notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject
under the laws of the country of destination, the data importer agrees to 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. The data importer agrees to document its best efforts in order to
be able to demonstrate them at the request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees to
provide the data exporter, at regular intervals for the duration of the contract, with as much
relevant information as possible on the requests received (in particular, number of requests,
type of data requested, requesting authority/ies, whether requests have been challenged and
the outcome of such challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for
the duration of the contract and make it available to the competent supervisory authority on
request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to
Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply
with these Clauses.

15.2 Review of legality and data minimisation

(a) The data importer agrees to review the legality of the request for disclosure, in particular,
whether it remains within the powers granted to the requesting public authority, and to challenge
the request if, after careful assessment, it concludes that there are reasonable grounds to
consider that the request is unlawful under the laws of the country of destination, applicable
obligations under international law and principles of international comity. The data importer shall,
under the same conditions, pursue possibilities of appeal. When challenging a request, the data
importer shall seek interim measures with a view to suspending the effects of the request until
the competent judicial authority has decided on its merits. It shall not disclose the personal data
requested until required to do so under the applicable procedural rules. These requirements are
without prejudice to the obligations of the data importer under Clause 14(e).
(b) The data importer agrees to document its legal assessment and any challenge to the
request for disclosure and, to the extent permissible under the laws of the country of destination,
make the documentation available to the data exporter. It shall also make it available to the
competent supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when
responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these
Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with
these Clauses, the data exporter shall suspend the transfer of personal data to the data
importer until compliance is again ensured or the contract is terminated. This is without
prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the
processing of personal data under these Clauses, where:

(i) the data exporter has suspended the transfer of personal data to the data importer pursuant
to paragraph (b) and compliance with these Clauses is not restored within a reasonable time
and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory
authority regarding its obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority of such non-compliance.
Where the contract involves more than two Parties, the data exporter may exercise this right to
termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to
paragraph (c) shall at the choice of the data exporter immediately be returned to the data
exporter or deleted in its entirety. The same shall apply to any copies of the data. The data
importer shall certify the deletion of the data to the data exporter. Until the data is deleted or
returned, the data importer shall continue to ensure compliance with these Clauses. In case of
local laws applicable to the data importer that prohibit the return or deletion of the transferred
personal data, the data importer warrants that it will continue to ensure compliance with these
Clauses and will only process the data to the extent and for as long as required under that local
law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the
European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679
that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU)
2016/679 becomes part of the legal framework of the country to which the personal data is
transferred. This is without prejudice to other obligations applying to the processing in question
under Regulation (EU) 2016/679.

Clause 17
Governing law

These Clauses shall be governed by the law of the EU Member State in which the data exporter
is established. Where such law does not allow for third-party beneficiary rights, they shall be
governed by the law of another EU Member State that does allow for third-party beneficiary
rights.

Clause 18
Choice of forum and jurisdiction
(a) Any dispute arising from these Clauses shall be resolved by the courts of the United States.
(b) The Parties agree that those shall be the courts of the state of California.
(c) A data subject may also bring legal proceedings against the data exporter and/or data
importer before the courts of the Member State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.

Appendix 1 to Pup Culture Designs Standard Contractual
Clauses

This Appendix forms part of the Clauses

Data exporter The data exporter is the non- Pup Culture Designs legal entity that is a party to
the Clauses.

Data importer. The data importer is: Pup Culture Designs
if the data exporter is transferring personal data to Pup Culture Designs under the Data
Processing Agreement; or

Data subjects. The personal data transferred concern the following categories of data subjects:
Data subjects include individuals about whom data that originated in the EEA is provided to Pup
Culture Designs via the Business Services by (or at the direction of) the data exporter.

Categories of data. The personal data transferred concerns the following categories of data:
Data relating to individuals provided to Pup Culture Designs via the Business Services by (or at
the direction of) data exporter, as specified in Schedule 1: Details of Data Processing of the
Data Processing Agreement.
Special categories of data (if appropriate) The personal data transferred concerns the
following special categories of data: None
Processing operations Pup Culture Designs will process the personal data for the purposes of
providing the Business Services to the data exporter in accordance with and as described in the
Data Processing Agreement, and these Clauses.

Appendix 2 to Pup Culture Designs Standard Contractual
Clauses

This Appendix forms part of the Clauses.

Description of the technical and organisational security measures implemented by the data
importer in accordance with Clauses 4(c) and 5(c). The data importer currently abides by the
security standards in Schedule 2 - Pup Culture Designs Security Measures of the Data
Processing Agreement. The data importer may update or modify these security standards from
time to time.