EU Data Addendum for Galaxy

STARBURST DATA EU DATA ADDENDUM FOR GALAXY

This Starburst Data EU Data Addendum for Galaxy (“Addendum”) shall apply to Customers located in the European Union who have purchased a subscription from Starburst Data (“Starburst”) to the Starburst Galaxy Service (“Service”).

1. Transferring or Retrieving and Deleting Data. If, during the Subscription Term, Customer decides to switch to a different provider(s) of services covering the same type of service as Starburst Galaxy (the “Service”), or to an on-premises solution of the same type of service, and desires that Starburst transfer or delete Customer data (to the extent applicable), Customer will inform Starburst of its decision in writing or by email to privacy@starburstdata.com. At minimum, the notification provided by Customer will include the following information:

(a) Whether Customer has decided:

• to switch to one or several different providers of services that share the same primary objective, data processing service model and main functionalities as the Service, or
• to switch to use of on-premises infrastructure owned, rented or leased by Customer, located in the data center of the Customer itself and operated by the Customer or by a third party;

(b) A plausible and credible presentation of Customer’s intent to switch;

(c) All necessary details of the new provider(s), unless Customer decided to switch to on-premises infrastructure;

(d) The requested date of the initiation of the switching process for the Service, which shall not be earlier than 30 days after Starburst’s receipt of the notification (“Notice Period”); and

(e) Whether Customer does not wish to transfer data relating to the Service, if any, but to erase its exportable data and digital assets upon Service termination.

2.  Data Transfer Process

(a) Transitional Period. Where Customer notified Starburst that Customer wishes to transfer exportable data and digital assets relating to the Service, a Transitional Period applies. “Transitional Period” means 30 days following the Notice Period, unless Starburst has notified Customer within 14 working days of the making of the switching request that a 30-day transitional period is technically unfeasible, and has provided proper justification for the technical unfeasibility, and has indicated an alternative Transitional Period, which shall not exceed three months, in which case such alternative Transitional Period will apply. Customer has the right to extend the Transitional Period once for a period that Customer considers more appropriate for its own purposes.

(b) Data Retrieval Period. Following the Transitional Period, Customer is entitled to retrieve data for 30 days, or a longer period if agreed between Customer and Starburst (“Data Retrieval Period”), provided Customer is in compliance with the Agreement and pays any applicable fees for use of the Service.

(c) Support and Cooperation. During the Transitional Period, Starburst will perform its obligations under the EU Data Act and support Customer’s exit strategy relevant to the Service. Customer will, and will ensure that the destination provider will, at all times cooperate with Starburst to make the switching process effective and enable the timely transfer of data. Any support by Starburst is subject to Customer’s compliance with the Agreement and payment of any applicable fees for the Service.

3. Termination of Subscription. The subscription(s) to the Service will be considered terminated upon successful completion of the switching process, and Starburst will notify Customer of the termination. The switching process shall be considered successfully completed upon expiration of the Data Retrieval Period. Where Customer does not wish to transfer the data relating to the Service but wants Starburst to erase its exportable data and digital assets upon service termination, the subscription to the Service will be considered terminated at the end of the Notice Period. Where the Transitional Period or Data Retrieval Period extends beyond the Subscription Term, Customer will be granted access only to those functionalities of the Service required for switching services.

4.  Data Erasure

Within 30 days after completion of the switching process, or a longer period agreed by the parties, Starburst will erase all exportable data and digital assets generated directly by Customer, or relating to Customer directly (except as otherwise agreed with or permitted by Customer or for any personal exportable data which Starburst is allowed to store under EU or other applicable laws).

5. No Data Transfer Fees

In the event a Service subscription is terminated in accordance with this Addendum, there are no additional fees or restrictions on the transfer of Customer data, but Customer remains responsible for all subscription fees due for the remainder of the subscription term set forth on the applicable Service Order Form.  Customer recognizes and agrees that such fees are clear, proportionate and fair, representing  reasonable costs incurred by Starburst in providing the services at a discounted rate, procuring equipment, materials and services, and engaging suppliers, and is not a penalty for switching providers.