Terms of Use

“Agreement” or “Terms” shall mean this entire Terms of Use and incorporates by reference the Privacy Policy and any attached Exhibits, Annexes, and Addendums.

“Authorized User” shall mean the Subscriber or the Subscriber’s partners, members, permanent or temporary employees, and independent contractors who have been added to the account as users.

“Confidential Information” shall mean the Content (as defined in Section 1(d)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes specifications, designs, drawings diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of these Terms, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises.

“Content” shall mean any information you upload or post to the Service, including data that you, an Authorized User or a Registered Client submit to the Services, data synchronized from third-party business systems at your direction and data generated through use of the Services (for example configurations, access rules, logs and reports), and any information provided by you to Blue Ocean Labs in connection with the Service, including, without limitation, information about your Authorized Users or Registered Clients, as defined in Section 1(e). Payment card data is not included as it is handled by our payment processor. SecureSync does not store full payment card numbers.

“Registered Client” means an individual who has been invited to use the client-facing features of the Service in a limited capacity as a client of an Authorized User.

“SecureSync” is a software-as-a-service platform that enables Authorized Users and Registered Clients to connect supported third-party systems, synchronize selected data into SecureSync and present the data through configurable admin dashboards and Registered Client-branded portals.

“Service” shall mean SecureSync and any related software or services provided by Blue Ocean Labs, including but not limited to all of Blue Ocean Labs owned and operated websites, applications, platforms, products, and codes.

“Security Incident” means any confirmed accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Content, including Subscriber Personal Data (as defined in the DPA).

“Subscriber” means the entity or individual that subscribes to the Service and is responsible for the account, billing, and compliance obligations under this Agreement.

You, your Authorized Users, and any Registered Client agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Blue Ocean Labs or any other software, product, or service provided by Blue Ocean Labs.

You, your Authorized Users, and any Registered Client agree that you will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in violation of the terms of this Agreement.

The Services are not intended to process Protected Health Information (“PHI”) unless you (a) subscribe to a HIPAA-eligible plan, (b) execute a Business Associate Agreement (“BAA”) with Blue Ocean Labs, and (c) configure the Services in accordance with SecureSync’s HIPAA requirements. Absent a fully executed BAA, you may not upload, transmit, store or otherwise make available any PHI through the Services. Where a BAA is in place, the BAA governs with respect to PHI and controls in the event of any conflict.

Blue Ocean Labs reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that Blue Ocean Labs shall provide the Authorized User with 30-days’ notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Authorized User’s acceptance of the modification.

Blue Ocean Labs does not review or pre-screen the content or data which the Authorized User or a Registered Client inputs, and Blue Ocean Labs claims no intellectual property rights with respect to such content and data.

You are solely responsible for (i) selecting and configuring third-party business systems; (ii) determining which data is synchronized; (iii) managing portal content, layouts and permission; and (iv) ensuring that Authorized Users and Registered Clients are authorized to access the information made available to them and no other.

In the event that you, an Authorized User, or any Registered Client enable features that write data back (“Two-Way Syncing”) to a third-party business system, the applicable person authorizes Blue Ocean Labs to transmit Content and perform the requested operations on your behalf. The person that enables Two-Way Syncing is solely responsible for verifying the accuracy of changes, managing permissions and understanding the risk of conflicts, overwrites or unintended propagation.

The Services depend on third-party systems and their Application Program Interface (API). Changes made by third-party providers (including schema/field changes, permission changes, deprecations, outages, or rate limits) may prevent, delay, or alter Content synchronization. Blue Ocean Labs may update mappings or configurations as reasonably necessary to maintain service and will use reasonable efforts to notify Subscriber of material impacts.

Blue Ocean Labs processes the Content solely to provide, maintain and improve the Services and as otherwise permitted by the Terms, ancillary documents, and applicable law.

Blue Ocean Labs reserves the right to temporarily suspend access to the Services for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than 2 business days’ notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method deemed appropriate by Blue Ocean Labs. Further, Blue Ocean Labs shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to Authorized Users but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, Blue Ocean Labs will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.

Authorized User grants to Blue Ocean Labs a non-exclusive, royalty-free right during Authorized User’s use of the Service, to use the Confidential Information for the sole purpose of performing Blue Ocean Labs’s obligations under these Terms. Such rights shall include permission for Blue Ocean Labs to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with this Section.

If you, an Authorized User, or a Registered Client provides suggestions, enhancement requests, recommendations, or other feedback regarding the Services (“Feedback”), the author grants Blue Ocean Labs a worldwide, perpetual, irrevocable, royalty-free right to use, modify, incorporate, and otherwise exploit the Feedback without restriction or obligation, provided that we do not publicly attribute Feedback to its author without consent.

The administrative features of the Services are intended for use by adults. Where Subscriber invites individuals to use Registered Client portals, Subscriber is responsible for ensuring that each such individual is legally permitted to use the portal and that any required parental consent and notices are obtained (including under COPPA and applicable local laws). We do not knowingly collect personal information from children as a controller, except as described in the Privacy Policy and as directed by Subscriber in its role as controller.

Subscriber is responsible for (i) all use of the Services under its account, including by Authorized Users and Registered Clients it invites or enables; (ii) establishing and maintaining appropriate roles, permissions, portal layouts, and access rules; (iii) ensuring that Content made available through the Services is accurate, lawful, and shared only with authorized recipients; and (iv) compliance with all laws applicable to Subscriber’s use of the Services, including privacy, consumer protection, and sector-specific requirements. Blue Ocean Labs may rely on Subscriber’s instructions and configurations.

You control access to the Services through profiles, permissions and layouts. You are responsible for verifying that configurations correctly reflect your intended access rules.

Only an Authorized User or a Registered Client is permitted to access and use the Service. Any person accessing the Service is required to provide their full legal name, a valid email address, and any other information reasonably requested by the service.

Each user will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User or Registered Client to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users or Registered Clients.

Any and all Content uploaded or posted to the Service remains the property of the party that uploads it. Upon cancellation or termination, Subscriber may export Content for up to 30 days (or the longer period required by an Order Form). Following the export period, Blue Ocean Labs will delete or de-identify Content within 90 days, except for (i) limited logs and audit records retained for security, billing, and service integrity, (ii) configuration metadata necessary to evidence transactions, and (iii) copies retained in backups and disaster recovery systems that will be overwritten in the ordinary course (typically within 90 days). Any retained data will remain subject to the confidentiality and security obligations provided in these Terms.

All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

The Services depend on access to third-party business systems and their APIs. Availability, performance, data completeness and timeliness may be impacted by third-party business systems limitations, rate limits, maintenance, outages, changes in API behavior or Customer’s credentials and permissions. Authorized Users and Registered Clients are permitted to access and use the Service using an API subject to the following conditions:

Any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by these Terms;

Blue Ocean Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Blue Ocean Labs has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API;

Blue Ocean Labs cannot and does not guarantee that synchronized data will be complete, current or error-free at all times.

Excessive use of the Service using an API may result in temporary or permanent suspension of access to the Service via an API. Blue Ocean Labs, in its sole discretion, will determine excessive use of the Service via an API, and will make a reasonable attempt to warn the Authorized User prior to suspension; and

Blue Ocean Labs reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.

Subscriber must keep API keys/tokens confidential, rotate them if compromised, and ensure they are used only by authorized applications.

Subscriber will not (i) scrape, bulk export, or index the Services except through documented API endpoints, (ii) benchmark, load-test, or publish performance results without Blue Ocean Labs’s prior written consent, (iii) attempt to probe, scan, or test the vulnerability of the Services or bypass any access or authentication controls without written authorization, or (iv) use the API in a manner that violates applicable law or the rights of others.

In the event that Blue Ocean Labs detects API misuse or a security risk, it may suspend or revoke API access immediately and will use reasonable efforts to notify Subscriber.

Without limiting the foregoing, Blue Ocean Labs may implement and enforce rate limits, quotas, and throttling to protect the Services.

Your relationship with third-party business systems is between you and the third-party business systems provider. Blue Ocean Labs is not responsible for third-party business systems terms, security practices or availability

Blue Ocean Labs will provide mechanisms that:

allow for user password management;

transmit passwords in a secure format; and

protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.

You, your Authorized Users and Registered Clients are responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.

You must implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify Blue Ocean Labs upon suspicion that a username and password has been lost, stolen, compromised, or misused.

Subscriber must enable multi-factor authentication (MFA) for all administrative and other high-privilege accounts where the Services support it, and will strongly encourage MFA for all other users. If Subscriber elects not to enable MFA where available, Subscriber acknowledges increased risk of unauthorized access.

Blue Ocean Labs maintains administrative, technical and physical safeguards designed to protect Content, including access controls and encryption in transit and at rest. At all times, Blue Ocean Labs, and any third-party vendors and hosting partners it utilizes to provide the Service, will:

use information security best practices for transmitting and storing your Content, adhering to industry standards;

employ information security best practices with respect to network security techniques, including, but not limited to, firewalls, intrusion detection, and authentication protocols, vulnerability and patch management;

ensure its host facilities maintain industry standards for security and privacy.

Blue Ocean Labs shall notify Subscriber, with all available relevant details (except those which could compromise the security of data uploaded by other customers), of any Security Incident without undue delay and, in any event, within 72 hours after becoming aware of the Security Incident, and will provide reasonable status updates as the investigation progresses.

No method of transmission or storage is 100% secure and we cannot guarantee absolute security. In the event of a Security Incident, Blue Ocean Labs will (a) investigate and take reasonable steps to contain and remediate the Security Incident which may require working with Subscriber to identify the cause of the Security Incident and to identify any affected Content; (b) cooperate with Subscriber as reasonably necessary for Subscriber to meet applicable notification obligations; and (c) provide information about the nature of the incident, affected data, and remediation efforts as it becomes available.

You will provide Blue Ocean Labs with a valid credit card for payment of applicable fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which you agree to pay based on where you are domiciled. In addition to any fees, the Authorized User may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, mobile carrier message and data rates, and other data transmission charges.

No refunds or credits will be issued for partial periods of service, including those where you cancel before the end of a billing period, upgrade/downgrade refunds, or refunds for periods unused with any subscription or account, including, but not limited to, instances involving removal of an Authorized User or Registered Client.

All prices are subject to change upon notice. Such notice may be provided by an e-mail message to you or in the form of an announcement on the Service.

You are responsible for paying all taxes associated with the subscription to the Service. If Blue Ocean Labs has the legal obligation to pay or collect taxes for which you are responsible under this section, the appropriate amount shall be charged to and paid by you, unless you provide Blue Ocean Labs with a valid tax exemption certificate authorized by the appropriate taxing authority.

Any and all payments by or on account of the compensation payable under these Terms shall be made free and clear of and without deduction or withholding for any taxes. If the Authorized User is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Blue Ocean Labs receives an amount equal to the sum it would have received had no such deduction or withholding been made.

We reserve the right to suspend or terminate your access to the Services at any time in our sole discretion if a) you are in breach of this Terms; or b) your use of the Services could cause a risk of harm or loss to us or our other users; or c) we decline to renew your subscription. When reasonable and as permitted by law, we will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to our decision. We will not be able to provide this advance notice if you are in material breach of this Terms, or if such notice would lead to civil or criminal liability for us, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, we may still make a determination that it does not want to continue offering you access to the Services at any time for any or no reason.

In lieu of termination, we may suspend access to the Services by Subscriber and its Authorized Users and Registered Clients if any undisputed fees are more than ten (10) days past due, after providing notice of the past-due balance. Blue Ocean Labs will promptly restore access upon payment in full.

Upon termination or suspension of the Services: (i) all licenses and access rights granted to you will immediately terminate or be suspended; (ii) you remain responsible for all fees incurred through the effective date of termination or suspension; and (iii) export and deletion of Content will be handled as described in Section 8 of these Terms and, where applicable, the DPA.

Survival. Provisions of these Terms that by their nature should survive termination will survive, including Section 1 (Definitions), Section 9 (Confidential Information), Section 11 (Legal Compliance), Section 12 (with respect to accrued payment obligations), Section 14 (Arbitration Agreement), Section 15 (Disclaimers; Limitation of Liability; Indemnity; and Force Majeure), Section 17 (Copyright Infringement; DMCA Notices), Section 19 (Choice of Law), Section 20 (Notice), and Section 24 (Entire Agreement; Order of Precedence).

Binding Arbitration. You and Blue Ocean Labs agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Blue Ocean Labs, and not in a court of law.

Waiver of Jury Trial. You understand and agree that you and Blue Ocean Labs are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Blue Ocean Labs otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceedings. However, you and Blue Ocean Labs each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights.

Governing Law. The Arbitration will be administered in accordance with the Arizona Revised Uniform Arbitration Act (the “RUAA”) then in effect, except as modified by this Arbitration Agreement.

Location, Procedure, and Fees. Unless you and Blue Ocean Labs otherwise agree, the arbitration will be conducted in Pima County, Arizona. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Blue Ocean Labs submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the RUAA. Subject to the RUAA, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Your responsibility to pay any arbitration filing, administrative and arbitrator fees will be solely as set forth in the RUAA.

Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the RUAA. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. AN ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING ON ALL PARTIES. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law.

Severability and Survival. If any portion of the Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, or consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Limitation of Liability. Blue Ocean Labs shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services regardless of the negligence (either active, affirmative, sole, or concurrent) of Blue Ocean Labs, even if Blue Ocean Labs has been advised of the possibility of such damages.

Indemnity. You agree to indemnify and hold Blue Ocean Labs and its affiliates and their members, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of the Services; (2) your breach or violation of any of these Terms; or (3) your violation of the rights of any Registered Clients or other third parties.

Force Majeure. Neither Blue Ocean Labs nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond the parties’ reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Damages resulting from Misconfiguration or Misuse. As previously stated, you control access to the Services through profiles, permissions and layouts. You are solely responsible for verifying that configurations correctly reflect your intended access rules. You are also responsible for ensuring that Two-Way syncing is enabled as you intend. Blue Ocean Labs may not be held responsible for damages resulting from or arising from misconfiguration or misuse of the Services, including, but not limited to, deletion or overwriting of data, propagation of errors, or external system, API, schema, or permission changes that break syncs, including damages arising from the actions of users with access credentials provided by you. Blue Ocean Labs may adjust configurations as reasonably necessary to maintain the Service and will endeavor to notify administrators of material impacts. Should you need assistance to set up the correct configuration, Blue Ocean Labs offers a security compliance review for a fee.

Exhibit Definitions

“Subscriber Core Group” means Subscriber’s employees who have been trained on the Service and who are familiar with Subscriber’s business practices.

“Subscriber User Community” means all users who input, extract or view data in the Service, including all Registered Clients.

“Downtime” means any period, greater than ten minutes, within the Scheduled Available Time during which the Subscriber is unable to access or use the Service because of an Error (as defined below), excluding (i) any such period that occurs during any Scheduled Downtime and/or Recurring Downtime (as defined below), or (ii) document preview, search, FTP or sync functions of the Service.

“Error(s)” means the material failure of the Service to conform to its published functional specifications.

“Procedural Issues” means those issues that are to be addressed by Subscriber through adjustment of a specific business process to accomplish work in the Service.

“Recurring Downtime” means 4 hours per month on the third Saturday of the month from 12:00 A.M. to 4:00 A.M. PST (USA).

“Request” means a modification to the Service outside of the scope of the functional specifications.

“Scheduled Available Time” means 24 hours a day, 7 days a week.

“Scheduled Downtime” means the time period identified by Blue Ocean Labs in which it intends to perform any planned upgrades and/or maintenance on the Service or related systems and any overrun beyond the planned completion time.

“Uptime Percentage” means the total number of minutes of Scheduled Available Time for a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes of Scheduled Available Time in such calendar month. Uptime Percentage will be calculated by Blue Ocean Labs solely using records and tools available to Blue Ocean Labs.

“User Administration Support” means issues that impact the usability of the Service and are addressable through the adjustment of Registered Client’s access privileges, processes or procedures.

Scope of Service Level Commitments. Blue Ocean Labs’s obligations do not extend to Errors or other issues caused by:

any modification of the Service made by any person other than Blue Ocean Labs;

any third-party hardware, software or API used by Authorized User or any Registered Clients except as otherwise provided in the then current Documentation;

the improper operation or misconfiguration of the Service by Authorized User or Registered Clients;

the accidental or deliberate damage to, or intrusion or interference with the Service;

the use of the Service other than in accordance with any user Documentation or the reasonable instructions of Blue Ocean Labs;

ongoing test or training instances of the Service provided to Subscriber; or

services, circumstances or events beyond the reasonable control of Blue Ocean Labs, including, without limitation, any force majeure events, the performance and/or availability of local ISPs employed by Subscriber, or any network beyond the demarcation or control of Blue Ocean Labs.

Scheduled Downtime and Guaranteed Uptime. Blue Ocean Labs will use commercially reasonable efforts to provide at least 24 hours’ prior notice before undertaking any Scheduled Downtime. Commencing on the effective date of the applicable Subscription Term, in the event the Service experiences an Uptime Percentage of less than 99.9% in any calendar month, Blue Ocean Labs will provide to Subscriber a credit (“SLC Credit”) equal to the credit percentage identified in the table SLC Credits table below multiplied by the Subscriber’s fees paid to Blue Ocean Labs for the Service that are attributable to such month (calculated on a straight line pro-rated basis with respect to any fees paid in advance). Subscriber will submit a written SLC Credit request to Blue Ocean Labs in writing within 30 days of such Downtime. The SLC Credit is Subscriber’s sole and exclusive remedy for any failure by Blue Ocean Labs to meet any performance obligations pertaining to the Service, including, without limitation, any support obligations except as provided in the Agreement.

Availability of SLC Credits. Subscribers who are past due on any payments owed to Blue Ocean Labs are not eligible to receive SLC Credits. Blue Ocean Labs will issue SLC Credits, as determined in its sole discretion, either on future billing cycles or as a refund against annual fees paid. In order to receive any SLC Credit, Subscriber must notify Blue Ocean Labs within 30 days from the time Subscriber becomes eligible to receive a SLC Credit. Failure to comply with this requirement will forfeit Subscriber’s right to receive a SLC Credit. In no event will the total amount of SLC Credits if any, exceed the fees paid by Subscriber for the corresponding month.

Support Services. Blue Ocean Labs will provide support services to assist Subscriber in resolving Errors (“Support Services”). Support Services do not include (a) physical installation or removal of the API and any Documentation; (b) visits to Subscriber’s site; (c) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; (d) any work with any third party equipment, software or services; (e) any professional services (“Professional Services”) associated with the Service, including, without limitation, any custom development, or data modeling.

Definitions. The following capitalized terms used in this DPA shall be defined as follows:

“Controller” has the meaning given in the GDPR.

“Data Protection Laws” means the EU General Data Protection Regulation 2016/679 (“GDPR”), the UK GDPR and the UK Data Protection Act 2018, the Swiss Federal Act on Data Protection (“FADP”), to the extent applicable, the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”) and other applicable U.S. state privacy laws, and any applicable national implementing legislation in each case as amended, replaced or superseded from time to time, and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Subscriber Personal Data.

“Data Subject” has the meaning given in the GDPR.

“European Economic Area” or “EEA” means the Member States of the European Union together with Iceland, Norway, and Liechtenstein.

“Processing” has the meaning given in the GDPR, and “Process” will be interpreted accordingly.

“Processor” has the meaning given in the GDPR.

“Security Incident” means any confirmed accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Subscriber Personal Data.

“Standard Contractual Clauses” means the standard contractual clauses for the transfer of personal data to third countries approved by European Commission Implementing Decision (EU) 2021/914 (Module Two: Controller to Processor), as supplemented, where applicable, by the UK International Data Transfer Addendum issued by the UK Information Commissioner and the adaptations required for transfers subject to Swiss law, in each case as amended or replaced from time to time (which will automatically apply).

“Subprocessor” means any Processor engaged by Blue Ocean Labs who agrees to receive Subscriber Personal Data from Blue Ocean Labs.

“Subscriber Personal Data” means the “personal data” (as defined in the GDPR) described in the Annex and any other personal data contained in the Content or that Blue Ocean Labs processes on Subscriber’s behalf in connection with the provision of the Service.

“Supervisory Authority” has the meaning given in the GDPR.