Data Processing Addendum

Effective from: 21.Nov.2025

Introduction

This Data Processing Addendum (“Addendum“) forms part of the End-User License Agreement (EULA) (hereinafter referred to as the “Principal Agreement“) between

DevAcrobats Ltd – a registered vendor or partner in the Atlassian Marketplace and provider of software and cloud applications (“Apps”) under the DevAcrobats brand name through the Atlassian Marketplace or any other means that are designed to interoperate with applicable Atlassian Products (the “Processor”)

and

**The Customer **– either an individual or a single legal entity that is an Atlassian customer holding a license or subscription to the Atlassian Product with which the App will be enabled or used (the “Controller”)

together, the “Parties”

WHEREAS:

(A) The Customer acts as a Data Controller.

(B) The Customer intends to use the Apps of the Processor published on the Atlassian Marketplace, the operation of which requires the Processing of Customer Personal Data by the Processor.

(C) The Parties seek to implement a Data Processing Addendum that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Addendum shall have the following meaning:

1.1.1 “Addendum” means this Data Processing Addendum;

1.1.2 “Customer Personal Data” means any Personal Data Processed by the Processor or a Contracted Processor on behalf of the Customer pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Sub-processor;

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Customer Personal Data from the Customer (Controller) to the Processor; or

1.1.8.2 an onward transfer of Customer Personal Data from the Processor to a Sub-processor (or between two establishments of the Processor);

in each case, where such transfer is to a country outside the European Economic Area (EEA) and/or the United Kingdom (UK) that is not deemed to provide an adequate level of data protection by the European Commission or the competent UK authority.

1.1.9 “Apps” means the software and cloud applications the Processor provides, as detailed in the Principal Agreement.

1.1.10 “Sub-processor” means any third party appointed by or on behalf of Processor to process Personal Data on behalf of the Customer in connection with the Addendum or the Principal Agreement.

1.2 The terms “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing”, and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Customer Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Customer Personal Data; and

2.1.2 only process Customer Personal Data to the extent and for the purpose strictly necessary to: (a) provide and support the Apps and Services used by the Customer; or (b) fulfill any other purpose to which the Customer has provided prior consent or agreement (such as purposes described in the Processor’s Privacy Policy).

2.2 The Customer entrusts the Processor to process Customer Personal Data.

2.3 The Customer warrants that: (a) they are the sole and exclusive Controller of the Personal Data provided to the Processor under this Addendum; (b) they have all necessary right, title, interest, and authority to disclose, transfer, and instruct the Processor to Process the Personal Data in accordance with this Addendum and the Principal Agreement; and (c) the Personal Data has been collected and will be transferred to the Processor in compliance with all applicable Data Protection Laws, including obtaining all required consents and providing all necessary notices to the Data Subjects.

2.4 The Parties agree that the Apps are not designed to process sensitive personal data and such data shall not be submitted or made available to the Processor.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of the Processor who may have access to the Customer Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know/access the relevant Customer Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Customer Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1. The Customer agrees that the Processor may engage Sub-processors to Process Customer Personal Data in connection with facilitating the delivery and proper functioning of the Apps (including cloud hosting, data storage, and communications). The Processor may also appoint Sub-processors to fulfill any other purposes explicitly authorized by the Customer, as outlined in the Principal Agreement or the Privacy Policy.

5.2 The Processor shall ensure that the selected Sub-processors provide sufficient guarantees to implement appropriate technical and organizational measures to ensure the Processing meets the requirements of the applicable Data Protection Law and this Addendum.

5.3 Processor shall remain liable to the Customer for any breach of this Addendum caused by the act or omission of its Sub-processors.

5.4 The Processor makes available to the Customer a current list of all Sub-processors utilized to Process Personal Data. The list is available at: https://devacrobats.com/subprocessors/.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist Customer by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligations to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Customer if it receives a request from a Data Subject under any Data Protection Law in respect of Customer Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Customer or as required by Applicable Laws to which the Processor is subject, in which case Processor shall, to the extent permitted by Applicable Laws, inform Customer of that legal requirement before the Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Customer without undue delay upon Processor becoming aware of a Personal Data Breach affecting Customer Personal Data, providing Customer with sufficient information to allow Customer to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall cooperate with the Customer and take reasonable commercial steps as are directed by Customer to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation

Processor shall provide reasonable assistance to the Customer with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Customer reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law. Such assistance shall be solely in relation to the Processing of Customer Personal Data by the Processor and its Sub-processors, and taking into account the nature of the Processing and information available to the Processor.

9. Deletion or Return of Customer Personal Data

9.1 The Processor shall retain Customer Personal Data only for as long as necessary to meet regulatory, contractual requirements, or legitimate business needs.

9.2 Unless such legal or business obligations require retention, the Processor shall, upon the termination of any App License or Subscription involving the Processing of Customer Personal Data (the “Termination Date”), delete or anonymize all Customer Personal Data within a reasonable timeframe thereafter.

9.3 Notwithstanding the above, the Processor shall delete or, if applicable, return Customer Personal Data upon the Customer’s documented request after the Termination Date, provided such action does not conflict with mandatory applicable laws or the establishment, exercise, or defense of legal claims. For any deletion or return initiated under this section, the Processor shall procure the deletion of all copies of Customer Personal Data held by any Sub-processor within the same period.

9.4 The Processor shall comply with the Customer’s instructions regarding the deletion, return, or restriction of Customer Personal Data necessary to fulfill the Customer’s obligation to respond to a Data Subject’s exercise of their “Right to be Forgotten” or other rights under the GDPR, as described in the Processor’s Privacy Policy. The Processor shall not be required to delete or return any Customer Personal Data to the extent that retention of such data is required by mandatory applicable law or for the establishment, exercise, or defense of legal claims.

10. Audit Rights

10.1 Subject to this Section 10, Processor shall make available to the Customer on request all information necessary to demonstrate compliance with this Addendum, and shall allow for and contribute to audits, including inspections, by the Customer or an auditor mandated by the Customer in relation to the Processing of Customer Personal Data by the Processor.

10.2 Information and audit rights of the Customer only arise under Section 10.1 to the extent that this Addendum and the Principal Agreement do not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

10.3 The Customer shall first exercise its audit rights by submitting a written request for information to the Processor. The Processor reserves the right to satisfy the Customer’s audit requirements by providing the Customer with a copy of relevant external audit report(s) to demonstrate compliance with this Addendum. Provision of such a copy is conditional upon the Customer executing a written Non-Disclosure Agreement (NDA) acceptable to the Processor. Direct audits will only be considered if such reports are insufficient to reasonably demonstrate compliance with applicable Data Protection Law.

10.4 If the information provided under Section 10.3 (including any report supplied) is reasonably deemed by the Customer to be insufficient to reasonably demonstrate the Processor’s compliance with this Addendum, the Customer may proceed to a direct audit. The Customer may exercise its audit rights no more than once in any twelve (12) month period, unless a material Personal Data Breach reasonably requires an additional audit. The Customer shall provide the Processor with at least thirty (30) days’ prior written notice of the planned audit date. All audits shall be conducted during business hours, be strictly limited to the Processing activities covered by this Addendum, and shall not unreasonably interfere with the Processor’s business operations.

10.5 The Processor shall cooperate with the Customer or its mandated auditor, provided the auditor executes a satisfactory confidentiality agreement. The Processor shall only be obliged to implement remediation for material non-compliance findings directly related to this Addendum. The Customer shall bear all costs and expenses related to any audit or inspection conducted under this Section 10.

11. Data Transfer

11.1. The Processor may transfer or authorize the transfer of Personal Data to countries outside the European Union (EU), the European Economic Area (EEA), and/or the United Kingdom (UK), provided such transfer is carried out in compliance with the requirements of the GDPR and applicable Data Protection Laws

11.2. Where Personal Data is transferred from the EEA or the UK to a country not deemed to provide an adequate level of data protection by the European Commission or the competent UK authority, the Processor shall ensure that the transfer is protected by suitable safeguards. The Parties shall rely on one or more of the following mechanisms:

11.2.1 Adequacy Decisions: Transfers to countries for which the European Commission has issued an adequacy decision on the protection of Personal Data, without the need to fulfill additional requirements.

11.2.2 EU-U.S. Data Privacy Framework (DPF): Transfers to the United States where the Processor’s third-party service providers are certified participants in the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF.

11.2.3 Standard Contractual Clauses (SCCs): Transfers to the United States or other countries, primarily on the basis of the applicable EU Standard Contractual Clauses (and the UK Addendum, where applicable) with any necessary additional safeguards (technical and legal) implemented to ensure a level of protection essentially equivalent to that guaranteed within the EEA.

11.3. If the App documentation details the availability of a data residency option, and the Customer elects to use it, the Processor will process data in the location chosen by the Customer.

12. Limitation of Liability

12.1 Nothing in this Addendum or the Principal Agreement shall limit or exclude either Party’s liability to Data Subjects to the extent such liability cannot be limited or excluded under applicable Data Protection Law, including the GDPR.

12.2 The Processor’s liability to the Customer arising under or in connection with this Addendum (including any liabilities arising under Data Protection Laws) shall be limited to the liability provisions set forth in the Principal Agreement. Under no circumstances shall the Processor incur liability under this Addendum that exceeds the limits set forth in the Principal Agreement.

13. General Terms

13.1 Confidentiality. Each Party must treat the information it receives about the other Party and its business in connection with this Addendum (“Confidential Information”) as confidential. Neither Party shall use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by applicable law or a competent authority; or (b) the information is, or becomes, publicly available through no breach of this Addendum.

13.2 Any formal notice or communication from the Customer to the Processor (including requests related to this Addendum, security matters, audit requests, or data subject rights) must be sent to the contact details provided in the Processor’s Privacy Policy or via the official contact information listed on the Processor’s website, or to any other address or email designated by the Processor in a written notice to the Customer.

13.3 The Processor will provide any formal notices related to this Addendum (including material changes or security incidents) to the Customer’s designated technical or billing contact email address as registered by the Customer within the Atlassian platform, or to such other address or channel as the Customer may formally notify the Processor in writing.

14. Governing Law and Jurisdiction

14.1 This Addendum is governed by the laws of the Republic of Bulgaria.

14.2 Any dispute arising out of or relating to this Addendum shall follow the dispute resolution procedure set out in the Principal Agreement. The Parties shall first attempt to resolve the dispute informally for a period of sixty (60) days from the date written notice of the dispute is provided, unless the Parties agree in writing to a different period.

14.3 If the Parties are unable to resolve the dispute within the informal resolution period, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of the Republic of Bulgaria.

15. Effective Date and Acceptance

15.1 This Data Processing Addendum is effective and legally binding between the Parties upon the Customer’s electronic acceptance of the Principal Agreement, to which this Addendum is integral.

15.2 This Addendum shall continue in full force and effect until the Processor is no longer Processing Personal Data on behalf of the Customer pursuant to the Principal Agreement, including any legally required or agreed-upon retention and deletion period.