GravityCerts Data Processing Addendum

This GravityCerts Data Processing Addendum (“Addendum” or “DPA“) amends the GravityCerts Terms of Service (the “Agreement“) by and between you and GravityCerts.

1. Definitions

“Data Protection Legislation” means European Union Regulation 2016/679 (the “General Data Protection Regulation”), the California Civil Code Section 1798.100–1798.199 (the “California Consumer Privacy Act of 2018,” as amended by the California Privacy Rights Act of 2020, “CCPA/CPRA”), and any other applicable U.S. state privacy law, as applicable, and any legislation and/or regulation implementing or made pursuant to any of the foregoing, or which amends or replaces any of it;

“Data Processor,” “Data Controller,” “Data Subject,” “Processing,” “Subprocessor,” and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;

“Business,” “Service Provider,” and “Sensitive Personal Information” shall be interpreted in accordance with the CCPA/CPRA;

“Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with, an identifiable or identified Data Subject who visits or engages in transactions through your website (a “Customer”), which GravityCerts Processes as a Data Processor, Service Provider, or on your behalf as a Business, in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that GravityCerts Processes in the context of services that it provides directly to a consumer, such as through its consumer-facing services (see GravityCerts’ Privacy Policy);

“Sensitive Personal Information” includes, without limitation, Social Security numbers, driver’s license or state identification numbers, financial account information, and health/medical information collected through your website’s quote or intake forms, Client Center, or Agency Dashboard;

“Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, correction, portability, or limitation of use of your Customer’s Personal Data; and

All other capitalized terms in this Addendum shall have the same definition as in the Agreement.

2. Data Protection

2.1 International Transfers

Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be Processed by GravityCerts in the United States. As part of providing the Services, this Personal Data may be transferred to other regions, including Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.

2.2 GravityCerts’ Obligations

When GravityCerts Processes Personal Data in the course of providing the Services, GravityCerts will:

2.2.1. Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If GravityCerts is required by law to Process the Personal Data for any other purpose, GravityCerts will provide you with prior notice of this requirement, unless GravityCerts is prohibited by law from providing such notice;

2.2.2. Acknowledge that you (Website Owner) acts as an independent Data Controller/Business with regard to your Customers’ Personal Data, and that GravityCerts acts as an independent Data Controller only with regard to Personal Data it collects directly from consumers through its own consumer-facing services (not through your website);

2.2.3. Notify you if, in GravityCerts’ opinion, your instruction for the Processing of Personal Data infringes applicable Data Protection Legislation;

2.2.4. Notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to GravityCerts’ Processing of the Personal Data;

2.2.5. Implement reasonable technical and organizational measures enabling you to execute Data Subject Requests that you are obligated to fulfill;

2.2.6. Implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected, including, where Sensitive Personal Information is involved, encrypted connections (TLS) for data in transit, access controls limiting exposure to authorized personnel, and reliance on PCI-DSS-compliant payment processors for payment card data;

2.2.7. Upon request, provide reasonable information to help you complete your data protection impact assessments;

2.2.8. Upon request, provide you with up-to-date attestations, reports, or extracts thereof where available from a source charged with auditing GravityCerts’ data protection practices (e.g., external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;

2.2.9. Notify you without undue delay, and in no event later than required by applicable Data Protection Legislation, upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;

2.2.10. Ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose Customer Personal Data; and

2.2.11. Upon termination of the Agreement, promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, GravityCerts will provide you with a copy of such Personal Data.

2.3 CCPA/CPRA Service Provider Terms and Certification

In addition to the obligations above, and to the extent GravityCerts Processes Personal Data as a Service Provider under the CCPA/CPRA, GravityCerts certifies that it understands the restrictions set out in this Section 2.3 and will comply with them. GravityCerts shall not:

2.3.1. Sell or share (as those terms are defined under the CCPA/CPRA) any Personal Data Processed on your behalf;

2.3.2. Retain, use, or disclose Personal Data Processed on your behalf for any purpose other than the specific business purpose of providing the Services, including any commercial purpose of GravityCerts’ own;

2.3.3. Retain, use, or disclose Personal Data Processed on your behalf outside the direct business relationship between you and GravityCerts; or

2.3.4. Combine Personal Data Processed on your behalf with Personal Data that GravityCerts receives from or on behalf of another person or entity, or collects from its own consumer-facing services — except to perform a business purpose permitted under the CCPA/CPRA (e.g., detecting security incidents across GravityCerts’ shared hosting infrastructure) or as you direct.

GravityCerts will notify you if it makes a determination that it can no longer meet its obligations as a Service Provider under the CCPA/CPRA.

2.4 Sensitive Personal Information

Where your website collects Sensitive Personal Information from your Customers, GravityCerts will limit its use of that Sensitive Personal Information to the purposes permitted under Cal. Civ. Code § 1798.121 and comparable state law — namely, to provide the Services you have requested, to perform the business purposes set out in this Addendum, and as otherwise required by law. GravityCerts will not use Sensitive Personal Information to infer characteristics about a Data Subject or for any independent commercial purpose of its own.

2.5 Scope and Nature of Processing

The Personal Data Processed under this Addendum is collected through the following categories of Services, as applicable to your account: website quote and intake forms (including commercial and personal lines, and niche-specific forms); the Client Center customer portal; the Agency Dashboard; video quote proposals; property data lookup and VIN/vehicle decoder tools; and related hosting and support functions. Processing continues for the duration of the Agreement and is limited to the purpose of providing the Services described above.

2.6 Your Obligations

You acknowledge and agree that, as between you and GravityCerts, you are the Data Controller and/or Business with respect to your Customers’ Personal Data, and you are solely responsible for: (a) the accuracy, quality, and legality of the Personal Data collected through your website and the means by which you acquired it; (b) determining the lawful basis and providing any notices, disclosures, or consents required under applicable Data Protection Legislation for your collection and use of that Personal Data; (c) responding to Data Subject Requests directed to you, with GravityCerts’ reasonable assistance as set out in this Addendum; and (d) your own compliance with any industry-specific law applicable to your business, including the Gramm-Leach-Bliley Act and state insurance privacy laws, where applicable. GravityCerts is not a licensed insurance agency, carrier, or broker and does not assume any of your regulatory obligations by entering into this Addendum.

2.7 Subprocessors

You acknowledge and agree that GravityCerts may use Subprocessors to Process the Personal Data. GravityCerts’ use of any specific Subprocessor to Process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between GravityCerts and the Subprocessor that requires comparable protections to this Addendum. GravityCerts’ current Subprocessors are listed below and may be updated from time to time; GravityCerts will provide reasonable notice of new Subprocessors materially affecting the Processing of your Personal Data. If you object to the appointment of a Subprocessor, you may terminate the Agreement in accordance with the Terms of Service.

3. Miscellaneous

3.1. In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that GravityCerts may amend this Addendum from time to time by posting the relevant amended and restated Addendum on GravityCerts’ website, available at https://gravitycerts.com/legal/dpa/, and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to GravityCerts’ website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.

3.2. Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.

3.3. The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the State of Hawaii and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Hawaii with respect to any dispute or claim arising out of or in connection with this Addendum.

Last Updated: August 17, 2026