Data Processing Agreement

Last updated 12 Aug 2026.

This Data Processing Agreement ("Agreement") forms part of the Contract for Services under the Diggle Terms and Conditions (the "Principal Agreement"). This Agreement is an amendment to the Principal Agreement and is effective upon its incorporation to the Principal Agreement, which incorporation may be specified in the Principal Agreement or an executed amendment to the Principal Agreement. Upon its incorporation into the Principal Agreement, this Agreement will form a part of the Principal Agreement.

We periodically update this Agreement. If you have an active Diggle account, you will be informed of any modification by email.

The term of this Agreement shall follow the term of the Principal Agreement. Terms not defined herein shall have the meaning as set forth in the Principal Agreement.

The term "Account holder" in the Principal Agreement is referred to as Company in this DPA. Specifique Norge AS and the Company are together known as the "Parties".

WHEREAS

• The Company acts as a Data Controller.
• The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor, meaning Specifique Norge AS.
• The Services include features that use artificial intelligence — including AI-assisted content creation, AI Translation, and AI-based grouping or summarization of open-ended Participant answers ("AI Features") — which may involve Processing Company Personal Data through Sub-processors engaged for that purpose.
• The Parties seek to implement a data processing agreement 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).
• The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

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

• "Agreement" means this Data Processing Agreement, Terms and Conditions and Privacy Policy.
• "Company Personal Data" means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;
• "Contracted Processor" means a Subprocessor;
• "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
• "EEA" means the European Economic Area;
• "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;
• "GDPR" means EU General Data Protection Regulation 2016/679;
• "Data Transfer" means: a transfer of Company Personal Data from the Company to a Contracted Processor; or an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
• "Services" means the use of Diggle. The Service is described more in detail in Terms and Conditions.
• "Subprocessor" means any company or person appointed by or on behalf of the Processor to process Personal Data on behalf of the Company in connection with the Agreement.
• "AI Features" means the artificial intelligence features described in the Terms and Conditions, including AI-assisted content generation and design suggestions, AI Translation, and AI-based grouping or summarization of open-ended Participant answers.
• "Sub-processor list" means the current list of Subprocessors maintained by the Processor and made available on Processor's website, as updated from time to time in accordance with Section 5 (Subprocessing) below.
• 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 Company Personal Data

Processor shall:

• comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
• not Process Company Personal Data other than on the relevant Company's documented instructions.

The Company instructs the Processor to process Company Personal Data.

Where Company or its Users choose to use AI Features, Processor shall process the relevant Company Personal Data (including, where applicable, Participant answers) through the relevant AI Sub-processor solely to provide the requested AI Feature. Processor shall not use such data, and shall not permit any Sub-processor to use such data, to train or improve any artificial intelligence model.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company 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 Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

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 Company 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.

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.

Processor's technical and organizational security measures are described in further detail in Processor's Security Policy.

5. Subprocessing

Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.

Company hereby provides Processor with general written authorization to engage Sub-processors for the purposes of providing the Services, including AI Features. Processor shall maintain the Sub-processor list and shall notify Company of any intended addition or replacement of a Sub-processor at least [30] days in advance, by posting the change to the Sub-processor list and, where Company has subscribed to such notifications, by email. Company may object to a new Sub-processor on reasonable data-protection grounds by notifying Processor in writing within that notice period. If the Parties are unable to resolve the objection, either Party may terminate the Services affected by the new Sub-processor. As of the date of this Agreement, Processor's Sub-processors include those set out in Annex 2, including Processor's Sub-processor for AI Features.

6. Data Subject Rights

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

Processor shall:

• promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
• ensure that it does not respond to that request except on the documented instructions of Company 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 Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

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

Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company 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 Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

Subject to this section 9, Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Company Personal Data.

Processor shall provide written certification to Company that it has fully complied with this section 9 within 10 business days of the Cessation Date.

Backup copies of Company Personal Data are retained and purged in accordance with Processor's standard backup retention period, described in Processor's Privacy Policy (currently up to 21 days), following which they are automatically and permanently deleted.

10. Audit rights

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

Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

Company hereby consents to such transfers where Processor relies on EU-approved Standard Contractual Clauses, a European Commission adequacy decision, or another valid transfer mechanism recognized under Data Protection Laws to protect the transferred data, without requiring Company's separate prior written consent for each individual transfer. Processor's current international hosting and sub-processing arrangements are described in the Sub-processor list and in Processor's Privacy Policy.

12. General Terms

12.1 Confidentiality

Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement ("Confidential Information") confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

• disclosure is required by law;
• the relevant information is already in the public domain.

12.2 Notices

All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of Norway.

Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Oslo Tingrett.