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Data Processing Addendum

Studio58, Inc. (operating Kaldune) · Last updated 13 October 2026 · Version 2.1

This Data Processing Addendum is part of the Kaldune Terms of Service for every business and workspace customer. It applies automatically when the Terms do; no signature is needed. A countersigned copy is available on request from enterprise@kaldune.ai. This document is published in English, and the English version governs.

1. Parties and scope

1.1. This Data Processing Addendum ("DPA") forms part of the Kaldune Terms of Service or other written agreement (the "Agreement") between Studio58, Inc., a Delaware corporation ("Kaldune", "Processor"), and the customer that accepts it ("Customer").

1.2. It applies to personal data that Customer, or its authorized users, submit to the Kaldune service or that Kaldune generates for Customer in a brief ("Customer Personal Data").

1.3. Where this DPA and the Agreement conflict on the processing of Customer Personal Data, this DPA governs. Where the Standard Contractual Clauses apply and conflict with this DPA, the Standard Contractual Clauses govern.

2. Definitions

"Applicable Data Protection Law" means the EU General Data Protection Regulation 2016/679 ("GDPR"), the UK GDPR and Data Protection Act 2018, the Swiss Federal Act on Data Protection, the California Consumer Privacy Act as amended ("CCPA"), and other data protection laws that apply to the processing. "Controller", "Processor", "Data Subject", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" have the meanings given in the GDPR. "Subprocessor" means a third party Kaldune engages to process Customer Personal Data. "Standard Contractual Clauses" or "SCCs" means the clauses approved by European Commission Implementing Decision (EU) 2021/914.

3. Roles

3.1. Customer is the Controller (or a Processor acting for a third-party Controller) of Customer Personal Data. Kaldune is the Processor (or Subprocessor).

3.2. Kaldune is an independent Controller of the account, billing, security and service-usage data it needs to run the service (for example sign-in records, wallet and invoice records, device and fraud signals). That processing is governed by the Kaldune Privacy Policy, not this DPA.

3.3. For the CCPA, Kaldune is a service provider. It does not sell or share Customer Personal Data, and does not retain, use or disclose it outside the direct business relationship or for any purpose other than providing the service.

4. Details of processing

5. Kaldune's obligations

Kaldune will:

(a) process Customer Personal Data only on Customer's documented instructions, which are the Agreement, this DPA and Customer's use of the service, including for transfers to a third country, unless the law requires otherwise, in which case it will tell Customer first unless the law forbids it; and tell Customer if, in its opinion, an instruction infringes Applicable Data Protection Law;

(b) ensure that every person it authorises to process Customer Personal Data is bound by confidentiality (Section 6);

(c) take the security measures in Annex 1 (Section 7);

(d) engage Subprocessors only under Section 8;

(e) assist Customer with Data Subject requests (Section 10);

(f) assist Customer with its obligations on security, breach notification, data protection impact assessments and prior consultation, taking into account the nature of the processing and the information available to Kaldune;

(g) at the end of the services, delete or return Customer Personal Data under Section 12;

(h) make available the information needed to demonstrate compliance with this DPA and allow for and contribute to audits under Section 13.

Kaldune does not use Customer Personal Data to train models.

6. Confidentiality

Kaldune limits access to Customer Personal Data to personnel and service identities that need it to provide the service, and binds its personnel to written confidentiality obligations that survive the end of their engagement. Kaldune does not read the content of Customer's work in the normal course; support personnel access it only at the request of Customer or its authorized user, for the stated purpose.

7. Security

7.1. Kaldune implements and maintains the technical and organisational measures in Annex 1, and may update them provided the update does not lower the overall level of protection.

7.2. Kaldune requires each Subprocessor to protect Customer Personal Data with measures at least as protective as those in this DPA.

8. Subprocessors

8.1. General authorisation. Customer authorises Kaldune to engage the Subprocessors listed at kaldune.ai/legal/sub-processors (the "Subprocessor List", Annex 2).

8.2. Flow-down. Kaldune enters into a written agreement with each Subprocessor imposing data protection obligations no less protective than this DPA, and remains liable to Customer for each Subprocessor's performance.

8.3. Notice of new Subprocessors. Kaldune will give at least 30 days' notice before a new Subprocessor begins processing Customer Personal Data, by updating the Subprocessor List and by email to every Customer who asks for these notices at privacy@kaldune.ai.

8.4. Objection. Customer may object in writing on reasonable data protection grounds within the 30-day notice period. The parties will discuss the objection in good faith. If it is not resolved, Customer may terminate the affected part of the service and receive a pro-rata refund of prepaid, unused fees for it.

8.5. Emergency replacement. Where a Subprocessor must be replaced urgently for security or continuity reasons, Kaldune may do so with notice as soon as practicable, and Customer keeps its objection right under 8.4.

9. International transfers

9.1. Kaldune processes Customer Personal Data in the United States (Google Cloud: region us-central1, US multi-region storage, and a backup copy in us-west1). Some Subprocessors process in other countries, as the Subprocessor List states.

9.2. For transfers of personal data from the EEA to a country without an adequacy decision, the SCCs are incorporated by reference: Module Two (controller to processor) where Customer is a Controller, and Module Three (processor to processor) where Customer is a Processor. Clause 7 (docking) applies; in Clause 9, Option 2 (general authorisation) applies with the notice period in Section 8.3; the optional wording in Clause 11 does not apply; in Clauses 17 and 18, the law and courts of Ireland are selected; Annex I is Section 4 of this DPA; Annex II is Annex 1; Annex III is the Subprocessor List.

9.3. For transfers from the United Kingdom, the UK International Data Transfer Addendum to the SCCs (version B1.0) is incorporated by reference, with Tables 1 to 3 completed by Section 4 and the annexes, and Table 4 allowing either party to end it.

9.4. For transfers from Switzerland, the SCCs apply with references to the GDPR read as references to the Swiss Federal Act on Data Protection, the Swiss Federal Data Protection and Information Commissioner as the competent supervisory authority, and "Member State" read to include Switzerland.

9.5. The parties will cooperate on any transfer impact assessment Applicable Data Protection Law requires.

10. Data Subject requests

Kaldune will promptly forward to Customer any request it receives from a Data Subject about Customer Personal Data, and will not answer it except on Customer's instruction or as law requires. The service gives Customer the means to meet such requests itself: an export of its account data, deletion of individual work and of the account, and correction of account details. Where Customer cannot meet a request itself, Kaldune will assist on request.

11. Personal Data Breach

11.1. Kaldune will notify Customer without undue delay, and in any event within 72 hours, after becoming aware of a Personal Data Breach affecting Customer Personal Data.

11.2. The notice will describe, as far as known: the nature of the breach, the categories and approximate numbers of Data Subjects and records concerned, the likely consequences, the measures taken or proposed, and a contact point. Information not available at first notice follows as it becomes available.

11.3. Kaldune will take reasonable steps to contain and remedy the breach and will cooperate with Customer's own investigation and notifications. Notice is not an admission of fault.

12. Return and deletion

12.1. During the term, Customer may export its account data and delete its work at any time from Settings.

12.2. When the Agreement ends, or when Customer deletes its account, Kaldune deletes Customer Personal Data from its active systems within 30 days, including every stored version of Customer's work, and revokes every share and publish link Customer created. Deleted data can persist in encrypted backups until they cycle out, no longer than 40 days after it leaves the active systems.

12.3. Kaldune may retain data where law requires, under this DPA's protections, and only for as long as required. Kaldune's own credit and receipt history is deleted with the account; invoices and payment records stay with Kaldune's payment processor for as long as tax and accounting law requires.

12.4. On request, Kaldune will confirm the deletion in writing.

13. Audits

13.1. Kaldune will make available the information reasonably needed to demonstrate compliance with this DPA.

13.2. Kaldune will answer reasonable written security questionnaires. If Kaldune holds an independent audit report, it will provide it under confidentiality on request, and that report will be the primary means of meeting audit requests.

13.3. Where the information above is not enough to demonstrate compliance, or a Supervisory Authority requires it, Customer may conduct an audit (itself or through an independent auditor bound by confidentiality) on at least 30 days' written notice, during business hours, no more than once in any 12 months except after a Personal Data Breach, at Customer's cost, and without access to other customers' data.

14. Voice and likeness

14.1. Where Customer submits a recording of a person's voice or image, or asks the studio to make a voice model or a likeness of a person, Kaldune processes the recording, the voice model and the likeness only on Customer's instructions and only to produce Customer's work.

14.2. Customer warrants that it has the consent of each person whose voice or likeness it submits, or another lawful basis, for that use.

14.3. Kaldune never uses a voice recording, a voice model or a likeness to train models, and never makes it available to anyone other than Customer and the people Customer shares the work with. Customer may delete them at any time under Section 12.

15. Liability

Each party's liability under this DPA is subject to the limitations and exclusions of liability in the Agreement, except where Applicable Data Protection Law or the SCCs do not permit a limitation.

16. Term and general

This DPA takes effect when the Agreement does and ends when Kaldune no longer processes Customer Personal Data. It is governed by the law that governs the Agreement (Delaware), except where the SCCs require otherwise. Notices to Kaldune under this DPA go to privacy@kaldune.ai.

Annex 1: Technical and organisational security measures

Hosting and network

Encryption

Storage of Customer work

Backups and resilience

Access control

Deletion

Monitoring and incident response

Providers

Annex 2: Subprocessors

The Subprocessor List is published at kaldune.ai/legal/sub-processors. It is generated from the same list the software checks its outbound calls against, so it names every provider the service sends Customer Personal Data to, what each receives and where it processes it.