Data Processing Addendum

This Addendum forms part of an accepted Safeera service agreement when Safeera processes personal data on behalf of the customer identified in that agreement (“Customer”). It governs that processing and prevails over conflicting general terms on data protection. It does not itself authorize a regulated workload, new recipient or international transfer.

1. Roles and instructions

Customer is the controller, or a processor acting on a controller’s lawful instructions, for personal data in its authorized workloads (“Customer Personal Data”). Safeera acts as processor or subprocessor for that data. Each party remains independently responsible for personal information it lawfully controls for its own account administration, legal compliance or business records, as described in the applicable privacy notice.

Safeera will process Customer Personal Data only on documented instructions in the agreement, accepted service order, authorized configurations and lawful customer requests, except where law requires otherwise. Safeera will notify Customer of a legal requirement before processing unless prohibited. If an instruction appears to violate applicable data protection law, Safeera will promptly inform Customer and may suspend the affected instruction while the parties resolve it.

2. Processing description

Subject matter and purpose: providing the ordered GPU compute, inference, storage, orchestration, authorized support and related security functions. No separate advertising, data brokerage or general model-training purpose is authorized.

Nature: receiving, transmitting, temporarily storing, retrieving, computing on and returning or deleting data as required by the ordered service. Support access is limited to the authorized issue. Operational metadata is limited to what is necessary to deliver, meter and protect the service.

Duration: the accepted service period plus the agreed retrieval and deletion period, or a longer period required by law under restricted handling. The order must identify whether storage is persistent or ephemeral before the service starts.

Data subjects and categories: persons whose data Customer is entitled to process through the ordered workload, such as its employees, contractors, business contacts and end users; the identifiers, communications, business records and user-provided content Customer lawfully selects for that workload. Customer must identify materially different data categories or data subjects before adding them. Health, biometric, children’s, financial-account, precise-location and other sensitive or specially regulated data are excluded unless a specific accepted service schedule authorizes them and states the additional safeguards.

Locations and recipients: the processing region, permitted site class and any named subprocessors disclosed and authorized for the order. No processing begins until these are supplied to Customer and the required authorization is obtained. A physical host with potential access to personal data must be addressed in the applicable recipient and security arrangements; it is not exempt merely because it owns equipment.

3. Customer duties

Customer is responsible for the lawful basis, required notices, permissions and instructions for its processing, including authority from an upstream controller where applicable. Customer will minimize unnecessary data, configure available protections, manage its users and promptly notify Safeera of relevant restrictions. Customer’s duties do not excuse Safeera’s own obligations.

4. Personnel and confidentiality

Access is limited to persons who need it for an authorized purpose, are subject to confidentiality duties and are instructed on relevant safeguards. Safeera will not use Customer Personal Data for its own unrelated purposes or permit a host, agent or contractor to do so. A support or safety task does not authorize unrestricted access to private files, prompts, model weights or sensor recordings.

5. Required security measures

Safeera will apply measures appropriate to the service and risk, including the following requirements for processing under this Addendum:

• Access controls based on role and need, protected privileged access, credential revocation and records of material administrative actions.
• Encryption of service-managed transfers over public networks, and protection of stored personal data through encryption or an agreed equivalent appropriate to the service. Customer-managed encryption and key responsibilities must be identified in the order.
• Separation of tenants and management functions, controlled provisioning, and sanitization of reusable compute and storage before allocation to another tenant.
• Physical access restrictions appropriate to the approved site, protection of interfaces and removable media, and limits on host access to workload contents.
• Vulnerability management, security updates, incident handling and safe change and recovery procedures proportionate to the offering.
• Retention controls, deletion procedures and safeguards for any backups included in the ordered service.

These are contractual requirements, not a statement that a particular certification, confidential-computing capability, disaster-recovery target or dedicated facility was purchased. Specific stronger measures in the order remain binding. If required protections cannot be supplied for a proposed workload, it must not be activated in that environment.

6. Subprocessors

Safeera may engage a subprocessor only under the authorization provided by Customer for the service. The initial list, functions and locations must be supplied before processing. For a proposed addition or replacement under general authorization, Safeera will give at least 30 days’ advance notice where practicable, and otherwise as much notice as possible for a necessary urgent change. Customer may object on reasonable data-protection grounds before the change takes effect.

The parties will seek an alternative. If no compliant alternative is available, Customer may end the affected unprovided service and receive a refund of its unused prepayment. Safeera will impose written obligations no less protective for the relevant processing and remains responsible for its subprocessor’s performance of those duties. Subprocessor authorization does not authorize a prohibited international transfer.

7. Security incidents

Safeera will notify Customer without undue delay after becoming aware of a personal-data breach affecting Customer Personal Data. It will not wait for a complete investigation. Notice will provide known information about the nature, affected data and persons, likely consequences, containment and proposed measures, with updates as information becomes available.

Safeera will cooperate in investigation, mitigation and legally required notices. Customer directs notices to its data subjects and regulators unless law requires Safeera to act independently. Neither party will delay a mandatory deadline awaiting the other’s approval. Report suspected incidents to security@safeera.ai. Notice is not an admission of liability.

8. Rights and compliance assistance

Taking account of the processing and available information, Safeera will reasonably assist Customer with access, correction, deletion, objection and other rights requests, security duties, impact assessments and prior regulator consultations required by applicable law. Safeera will forward requests about Customer-controlled data to Customer and not respond substantively without instructions unless law requires.

Safeera will make information reasonably necessary to demonstrate compliance available to Customer and permit proportionate audits by Customer or an independent auditor subject to confidentiality and reasonable security safeguards. Existing relevant assurance may be used first, but does not eliminate a necessary audit. Audits must protect other tenants and avoid unnecessary disruption. No confidentiality clause prevents lawful regulator access.

9. Return, deletion and legal retention

At the end of the relevant service, Customer may instruct return or deletion within the agreed retrieval period. Safeera will delete remaining Customer Personal Data and copies unless law requires retention. Legally retained data is isolated and used only for the required purpose. Protected backups are subject to the disclosed deletion cycle and are not restored for ordinary processing after deletion except as necessary for lawful recovery, followed by renewed deletion. Safeera will confirm completion on reasonable request.

Ephemeral processing and any absence of a backup service must be disclosed before use. This Addendum does not create an undisclosed storage charge or allow billing disputes to erase an agreed retrieval right.

10. U.S. service-provider restrictions

Where applicable U.S. law treats Safeera as a service provider or contractor, it will not sell or share Customer Personal Data for behavioral advertising, retain or use it outside the specified business purposes or direct business relationship except as law permits, or combine it with other information except as permitted for those purposes. Safeera will provide the required level of protection, inform Customer if it can no longer meet the obligations, and allow reasonable steps to stop and remediate unauthorized processing. Safeera certifies that it understands and will comply with these restrictions to the extent they apply.

11. Transfers, regulated data and general terms

A transfer requiring standard contractual clauses, a UK transfer instrument or another lawful mechanism may occur only after the appropriate instrument and required details are completed and accepted. This Addendum is not itself those transfer clauses and does not claim that a transfer certification exists. Protected health information also requires a separate applicable business associate agreement before processing.

The underlying agreement governs commercial terms, subject to this Addendum and mandatory data protection law. No limitation removes a data subject’s statutory remedies or required regulator powers. Material changes require the acceptance necessary under the agreement and law. Privacy notices and requests: privacy@safeera.ai. Legal notices: legal@safeera.ai; Safeera, Attention: Privacy, 101 Jefferson Dr., Menlo Park, CA 94025, United States.