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This Annex applies to a User who is subject to the Regulation (EU) 2022/2554 (“DORA”) (each a “DORA Covered User”) and supplements the AfterShip Terms of Service solely to the extent necessary to enable a DORA Covered User to meet its obligations under Article 30(2) of DORA when using AfterShip services.

This Annex forms part of the Terms of Service and does not constitute a separate agreement. In the event of conflict, this Annex shall prevail over the General Terms in respect of matters governed by DORA.

These provisions apply only where DORA is legally applicable to the User. It is the User’s responsibility to reasonably demonstrate that it qualifies as a regulated financial entity under DORA, thus making User a DORA Covered User. In the absence of such demonstration, this Annex shall not apply.

  1. Description of Services and Subcontracting: AfterShip provides shipment tracking, returns management, notifications, and related services, as described on our website. The Parties acknowledge that the Services are not designed to support critical or important functions, as set out under Section 30.3 of DORA, unless jointly determined in writing. The Services may involve use of Subcontractors, including cloud infrastructure providers and the Authorized Subprocessors. Subcontracting is permitted in accordance with the Terms of Service.

  2. Service Locations and Notifications: The Services are provided from premises of AfterShip and its Affiliates and to the extent applicable, the locations of the Authorized Subprocessors listed here. Should AfterShip plan a material change to the data storage or processing location, we will use reasonable endeavours to provide at least 30 days’ advance notice.

  3. Data Protection and Security: AfterShip maintains measures to ensure the availability, authenticity, integrity and confidentiality of User Data, as described in our Privacy Policy and Data Processing Agreement.

  4. Data Return and Access Upon Termination: Provided that DORA Covered User stipulates such a request in the written termination notice, such DORA Covered User may retrieve Data via AfterShip’s standard export tools for a period of, the shorter of: (i) up to thirty (30) days, or (ii) AfterShip’s then current data retention policy. Data is provided in standard formats (e.g. JSON, CSV) and may thereafter be permanently deleted.

  5. Incident Support: AfterShip strives to maintain service availability consistent with industry norms. Service status updates, notifications and any applicable service levels are set out under AfterShip’s Technical Support Terms.

  6. Cooperation with Authorities: AfterShip will provide reasonable cooperation with competent supervising regulatory authorities acting lawfully, within scope, and having binding jurisdiction over a DORA Covered User (each a “Regulatory Authority”). Requests must be in writing and legally supported.

  7. Termination: A Dora Covered User may terminate the Services for cause in accordance with our Terms of Service, including where instructed to so by a Regulatory Authority.

  8. Order of Precedence: If there is any conflict between this Addendum and the Terms of Service (or any Work Order), this Addendum prevails solely to the extent necessary to comply with DORA.