EU Data Regulations

Last updated: February 26, 2026

This Exhibit applies to (a) Customers in the EU, where all provisions apply, and to (b) Customers outside the EU, where only Clause 4 applies and only when switching to a data provider domiciled within the EU, as defined in the Data Act. This Exhibit does not apply in any other circumstances.

1.   SCOPE OF THIS EXHIBIT

1.1.    This Exhibit is intended to comply with Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules for fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828, which is binding (hereinafter referred to as the “Data Act”).

1.2.    The obligations applicable to Partium under the Data Act are the generic obligations for data holders on Public Body requests and those for data processing service providers. The obligations of connected product manufacturers and related service providers do not apply to the Software neither Professional Services provided by Partium.

1.3.    In all matters not specified or contradicted by the definitions below, the definitions contained in the Agreement apply.

2.    DEFINITIONS

In this Exhibit, the definitions in the Agreement apply, as well as the following:

• “Partium Protected Assets” means any Partium information content or assets, including generated or reconstructed images, databases, models, indexes, taxonomies, rules, methodologies and other information assets that (i) are protected by intellectual property or database rights and/or (ii) constitute trade secrets of Partium; provided, however, that “Partium Protected Assets” shall exclude (a) any Customer Data, and (b) any images (including renders or similar outputs) that are specifically created by Partium for Customer as deliverables of Professional Services expressly purchased under the applicable Schedule (“Customer-Commissioned Images”).

• "Exportable Data(s)" means, for switching purposes only, input and output data, including Metadata, generated or co-generated, directly or indirectly, by Customer's use of the service data processing. This definition includes Customer Data, defined in the MSA.

Exportable Data of the Customer expressly excludes: (i) any third party content subject to Third Party Rights; (ii) any Partium Protected Assets; (iii) any assets or data protected by intellectual property rights, or constituting a trade secret, of Partium (including Partium Protected Assets) or any third party; and (iv) any category of data specific to the internal operation of the Software, or related to the integrity and security of the Software, the export of which would expose the Software to cybersecurity vulnerabilities, provided that such exclusions do not prevent or unduly delay the switching process.

For the avoidance of doubt, nothing in this definition shall be construed to mean that Partium is obligated to disclose Partium Protected Assets.

Enriched Data may include or be subject to Third-Party Rights and/or may constitute Partium Protected Assets. Accordingly, not all Enriched Data constitutes Customer’s Exportable Data, and Customer’s rights with respect to Enriched Data are limited to those expressly granted under the Agreement and the applicable Schedule(s).

• “Interoperability” means ability of two data processing providers to simultaneously process the data of the same customer.

• “Metadata” means a structured description of the content or use of the data that facilitates the search or use of such data.

• “Exceptional Need” means that the data requested is necessary to respond to a public emergency and the Public Agency is unable to obtain the data by alternative means in a timely and effective manner under equivalent conditions. Similarly, where personal data is not involved, Exceptional Need shall mean where the Public Authority is acting on the basis of Union or national law and has identified specific data the absence of which would prevent it from performing a specific task carried out in the public interest, which has been expressly provided for by law, such as the production of official statistics or the mitigation of or recovery from a public emergency, and has exhausted all other means at its disposal to obtain such data, including purchasing non-personal data on the market by offering market prices, or relying on existing obligations to make data available or adopting new legislative measures that may ensure the availability of the data in a timely manner.

• “Public Body” means a public sector body, the European Commission, the European Central Bank or a body of the European Union.

3.    PUBLIC BODY REQUEST

3.1.    Partium may be required to make available certain data to Public Body where such entity demonstrates an Exceptional Need.

3.2.    In the event Partium receives a Public Body Request, Partium will assess the request and, where legally required, will make available the data falling within the scope of the request to the extent and for the period strictly necessary to satisfy the exceptional need, together with any relevant metadata needed to interpret and use such data.

3.3.    Partium will use reasonable efforts to: (i) limit any disclosure to the minimum amount of data required; (ii) apply appropriate technical and organizational safeguards, including security measures and confidentiality protections; and (iii) notify Customer of the Public Body Request where permitted by law and without jeopardizing the purpose of the request. Where a Public Body Request concerns personal data, any disclosure will be subject to and carried out in accordance with applicable data protection law, including Regulation (EU) 2016/679 (GDPR).

3.4.    Nothing in this Section shall be construed as granting any public authority broader rights of access than those strictly provided under applicable law, nor as requiring Partium to disclose Partium’ s trade secrets or other Partium Protected Assets except to the extent mandated under Chapter V of the Data Act and subject to the safeguards therein.

4.    MEASURES ON SWITCHING OF PROVIDER OF THE DATA PROCESSING SERVICES

4.1.    The Customer shall have the right, upon two (2) months’ prior written request (“Notice”), to switch the data processing service provider or to move the Exportable Data to an ICT infrastructure or to delete its Exportable Data. The switching request shall not be deemed to have been made if the Customer does not include all the information necessary to make the switch of provider.

4.2.    Partium undertakes, in the process of the switch, within a maximum period of 30 calendar days starting from the end of the Notice or, if earlier, from the beginning of the switch of provider (“Switching Period”) to:

1. Provide reasonable assistance to Customer and the Third Party.
2. Act with due care to maintain business continuity and continue the provision of the functions or services under the Agreement.
3. Provide clear information about known risks to the continuity of the provision of the functions or services provided by Partium, if any, that may have an impact on the Customer and any other relevant information about the exit process.
4. Ensure a high level of security in the switch process.
5. Inform about the procedures available for the exchange and transfer, as well as methods and formats and the technical restrictions or limitations that may be involved.
6. This Switching Period may be extended once at the Customer’s request. In the event that the switch is technically unfeasible within the established Switching Period, Partium will notify the Customer within fourteen (14) business days of the Customer’s request for switch, indicating the justification for such unfeasibility and establishing a new switching period not to exceed 7 months.

For the avoidance of doubts, the Switching Period may be subject to an extension due to justified reasons alleged by Partium.

4.3.    Customer shall have a period of thirty (30) days following the expiry of the Switching Period (or, where applicable, any extension thereof) (the “Extraction Period”) to extract the Exportable Data.

Once the Extraction Period has elapsed and the switch has been completed without any unresolved, duly notified technical impediments affecting the extraction or usability of the Customer’s Exportable Data, Partium shall, after a further period of thirty (30) days (the “Waiting Period”), delete such Customer’s Exportable Data.

For the avoidance of doubt, the foregoing shall be without prejudice to: (i) any longer retention period required by applicable law, regulatory obligations or binding orders; (ii) the retention of data strictly necessary for the establishment, exercise or defense of legal claims; and (iii) the retention of Partium Protected Assets, system logs, backups and data that is irreversibly anonymized or aggregated, provided that such data does not permit the reconstruction of the Customer’s Exportable Data.

4.4.    During the Waiting Period the Customer shall notify Partium in writing whether the switch to an alternative provider has been completed successfully. In case the Customer does not notify Partium to the contrary withing 5 (five) business days after the expiration of the Waiting Period, the switch shall be deemed successfully completed.  If the Customer notifies Partium that the switching was unsuccessful, the Parties shall agree in writing, on a reasonable basis, an extension of the Waiting Period.

4.5.    The Agreement shall be deemed terminated upon written notice to Customer in any of the following events:

1. when, if applicable, the process of switching provider or migrating the Customer’s Exportable Data has been successfully completed, in accordance with the provisions of the preceding clauses; or
2. once the maximum period of Notice has elapsed, if the Customer has expressed its will not proceed with the switch of provider, requesting instead the deletion of all its Exportable Data at the end of the contractual relationship.

The termination shall take effect from the date indicated in the notification, without prejudice to the outstanding obligations arising from the Agreement.

4.6.    In cases where this switch of provider results in the termination of the Agreement, outside the cases provided for Termination for Convenience in Clause 11.4 of the MSA (“Termination by Switching”), and which has been paid for in advance by the Customer, Partium may pass on the following costs to the Customer:

1. Non-recoverable costs already incurred, by way of example and without limitation, technical onboarding, custom developments, non-reusable configurations, infrastructure costs reserved exclusively for the Customer, etc.
2. Costs directly linked to the switching that Partium has borne in the process of switching provider.

4.7.    Without prejudice to the provisions of Clause 4.6., the Termination by Switching, in contracts paid in advance, may have the following financial consequences:

1. Partium will refund to the Customer the amount corresponding to the period of the corresponding Schedule(s) not enjoyed as of the effective date of Termination by Switching. This refund shall not include amounts corresponding to periods of the Schedule(s) already enjoyed or amounts derived from Professional Services, implementation, configuration, integration or any other service independent of the data processing itself.
2. Any discounted pricing granted to Customer in consideration of a minimum term commitment and/or advance payment (the “Commitment Discount”) is conditional upon Customer’s completion of the applicable Schedule Term. If the applicable Schedule is terminated for any reason other than due to Partium’ s uncured material breach, prior to the end of its Schedule Term, then: (i) the Commitment Discount shall be deemed forfeited and Customer shall pay Partium an amount equal to the difference between (a) the fees that would have been payable at Partium’s standard (non-discounted) rates and (b) the discounted fees actually charged, for all invoiced and/or used portions of the Schedule Term that are not part of a Completed Prepaid Billing Period (as defined below); and (ii) any fees payable after the effective date of termination (if any) shall be charged at Partium’ s then-current standard (non-discounted) rates.

For purposes of the foregoing, a “Completed Prepaid Billing Period” means the applicable prepaid billing period selected in the relevant Schedule (which may be monthly, quarterly, semi-annual, annual or otherwise), provided that (x) it has been paid in full in advance and (y) it has fully elapsed prior to the effective date of termination. Amounts relating to any Completed Prepaid Billing Period shall not be subject to any retroactive re-pricing, reconciliation, or clawback.

4.8.    In the event that the process of switching provider is very costly, complex or when it is impossible to switch provider without significant interference in the Exportable Data or Software, Partium will communicate it to the Customer through a specific section on Partium’ s website or in any other easily accessible way.

4.9.    Partium, in Annex I of this Exhibit (available online at https://www.partium.io/legal/eu-data-regulations), exposes the following information:

1. Procedures available for the exchange and transfer of Exportable Data, including information on exchange and transfer methods and formats available, as well as technical restrictions and limitations known to Partium.
2. Details of the structures, the categories of data that are exportable or non-exportable and data formats, as well as relevant standards and open interoperability specifications.
3. The jurisdiction to which the Software is subject in the MSA.
4. General description of the technical, organizational, and contractual measures adopted by Partium to prevent access or international transfers to public administrations when such access or transfer may conflict with Union Law or Austrian data processing Law.
5. The standard cost related to the switching of provider and possible penalties for early termination of the Agreement.
6. If applicable, the information relating to Clause 4.8.

4.10.    The Customer acknowledges having received all the pre-contractual information, prior to contracting, which can be found in the link of the previous clause.

4.11.    In case open or harmonized interoperability standards are published, Partium guarantees compatibility at least within 12 months after their publication in the central repository of the Union of standards for interoperability of data processing services following the publication of the corresponding implementing acts in the Official Journal of the European Union. This aspect will be updated in the section of the website listed in Clause 4.8. In case no specifications have been published, the Exportable Data shall be in a structured, common and machine-readable format.

5.    SIMULTANEOUS PROCESSING MEASURES BETWEEN PROVIDERS

5.1.    The following obligations of this Exhibit shall apply for simultaneous processing by more than one data processing provider: Clause 4.2.b) and d); Clause 4.7.b); and Clause 4.9.

6.    BREACH AND DISPUTE RESOLUTION

6.1.    Any failure to comply with the provisions of this Exhibit shall be excused if due to force majeure or impediments beyond Partium’ s control. Partium shall use its best efforts to resolve any such impediment to the extent that such resolution of the impediment is possible for Partium.

6.2.    In the event of any dispute arising out of the contents of this Exhibit relating to (a) abusive clauses as described in the Data Act may exist, or (b) a breach relating to the switching between data processing services on the Exportable Data, the Customer may refer to a dispute resolution body that is certified in accordance with the said Data Act.

 

ANNEX I

1.    Procedures available for the exchange and transfer of Exportable Data

All Exportable Data can be read through the Catalog API. This API and the corresponding limits, constrainsts, and formats is documented in the Documentation.

2.    Structures and categories of Exportable Data

Exportable Data is structured as follows:

• Bill of Material (BoM) implemented as assignments between parts and assemblies.
• Standard Ontology implemented as a set of attributes with one or multiple values per attribute, with values in text format.
• Parts data with:
  • Technical attributes that are subject to the Standard Ontology.
  • Assignments to assemblies.
  • Image files with supported formats specified in the Documentation.
  • Non-image files with supported formats specified in the Documentation.
  • Parts alternative relations implemented as a 1-to-1 relation between two parts in the Catalog that are set as alternatives either as part of Customer Data or through the Software.

Depending on what is provided as Customer Data by the Customer, some structures may be empty of data. For instance, the Customer may not have provided a BoM or any image file during the term of the corresponding Schedule(s).

3.    Jurisdiction to which the Software is subject

As set out per Clause 12.5. “Governing Law and Dispute Resolution” of the MSA.

4.    Technical, organizational, and contractual measures

A description of the technical, organizational and contractual measures adopted by Partium is provided in the Exhibit “Technical and Organizational Security Measures” available online at https://partium.io/legal/tom.

5.    Costs related to switching providers

Partium offers access to the Catalog API at no additional cost for Agreements with a Schedule that includes such access. In cases where Customer did not purchase access to the Catalog API, Partium has the right, at its sole discretion, to offer access to the Catalog API free of charge or apply a fee for the use of that API during the Switching Period, Extraction Period, and/or Waiting Period.

In the event that the Customer requires premium assistance for the purposes of switching, Partium may offer, at its sole discretion, Professional Services, as defined in the MSA, at a fee of 120 EUR per hour of switching services.

In the event that the Customer expects to perform or is attempting to perform the extraction of Exportable Data at a rate superior to that supported by the normal operation of the Software and in particular of the Catalog API, as documented in the Documentation, Partium will communicate to Customer the impossibility of surpassing those limits and when applicable, reject API calls, that do not respect those limits.

6.    Penalties for early termination

Penalties for early termination are specified in Clauses 4.6 and 4.7 of this Exhibit.