MiPush Technology Service Data Protection Appendix

1、Background

The developer and Xiaomi have signed the "Mi Push Technology Terms of Service" (hereinafter referred to as the "Main Agreement"). Xiaomi provides Mi Push technology services to the developer and sends app notification messages to end users through the Xiaomi message push platform.This data protection appendix (hereinafter referred to as "this Appendix") is an important part of the Main Agreement. This Appendix contains the developer data processing and security guarantee clauses involved in the process of providing Mi Push technology services to developers by both parties.If there is any conflict or inconsistency between this Appendix and the Main Agreement, the provisions of this Appendix shall prevail.
This appendix takes effect from the date when the developer signs the master agreement, and the developer shall abide by the principles, procedures and related responsibilities stipulated in this Appendix.

2、Declaration

3、The roles, data processing scope and obligations of both parties

3.1 Both parties have unanimously confirmed that, in accordance with the Data Protection Law, the developer is the data controller and Xiaomi is the data processor.Xiaomi processes personal data on behalf of developers in accordance with the provisions of the Data Protection Law.
3.2 Xiaomi shall only process personal data in accordance with the Main Agreement and the provisions in this Appendix and the instructions issued by the developer.
3.3 Xiaomi processes personal data in the name of the developer for the reasonable purpose of providing developers with Mi Push technology services. For details, please refer to The Processing of Personal Data.
3.4 Developers shall ensure that the instructions issued by them comply with all applicable data protection laws.If Xiaomi discovers or reasonably believes that the instructions issued by the developer violate any applicable data protection laws, Xiaomi shall notify the developer immediately. However, Xiaomi's notification does not affect the developer's responsibility for the issuing of their instructions.
3.5 Developers should ensure that Xiaomi’s data processing activities have a legitimate basis.
3.6 Xiaomi shall take necessary measures in accordance with the instructions of the developer to assist the developer in complying with the Data Protection Law and the master agreement and the obligations stipulated under this Appendix.
3.7 Developers shall independently bear third-party claims arising from their non-compliance with the obligations of the data controller and applicable data protection laws.

4、Subcontractor

4.1 Xiaomi reserves the right to transfer the rights and obligations under this Appendix to subcontractors in whole or in part.
4.2 Xiaomi and its subcontractors should sign a written agreement, which must contain provisions no lower than the Main Agreement and this Appendix on the substantive protection of personal data.Xiaomi shall bear full responsibility for the data processing activities of the subcontractors.

5、Cross-Border Data Transmission

Currently, Xiaomi has data centers in China, Mumbai (India), Frankfurt (Germany), Moscow (Russia), and Singapore.When you integrate the Mainland China version of the PUSH client SDK, your app and end user data will be stored in Mainland China.When you integrate the PUSH client SDK of non-Mainland China version, please select the applicable data storage location in accordance with relevant laws, regulations, and regulatory requirements.Mi Push Service will store and process users' personal information according to your instructions.When you send a message to a MIUI-equipped device, if the data storage location you select is different from the region set by the user, Xiaomi will prioritize the region set by the user when determining the data storage location after obtaining your authorization.
If Xiaomi transfers personal data from the European Economic Area to other jurisdictions located outside the European Economic Area, Xiaomi will perform the cross-border data transfer in accordance with the Standard Contractual Clauses (see Annex 1).

6、Data Subject Rights

6.1 The developer shall bear independent responsibility for the realization of the data subject's request for the rights of his or her personal data.Xiaomi shall provide appropriate technical and organizational measures to assist developers in receiving and fulfilling data subjects' rights requests regarding their personal data based on applicable data protection laws, including but not limited to accessing, correcting, and deleting their personal data.
6.2 After receiving the request from the data subject, Xiaomi shall immediately inform the developer of the relevant information requested by the data subject.

7、Personal Data Deletion

After the termination or expiration of this Appendix, or the completion of the purpose agreed in this Appendix, or at the request of the developer (whichever comes first), unless prohibited by the laws that Xiaomi should abide by, Xiaomi shall stop processing or completely delete personal data within a reasonable time frame.

8、Data Breaches

8.1 As long as Xiaomi has reasonable grounds to believe that a data breach has occurred, it shall notify the developer of the breach within a reasonable time frame.
8.2 Xiaomi shall provide developers with reasonable assistance and take reasonable measures to assist in the investigation, mitigation and remediation of the adverse effects caused by the data leakage.

9、Security Guarantee

9.1 Both parties shall:
9.1.1 Take appropriate technical and organizational measures in accordance with all applicable data protection laws to protect personal data from unauthorized or illegal acquisition, use, processing or modification; and
9.1.2 Ensure that only authorized employees have the right to access personal data within these limits when they need to access personal data in order to fulfill the obligations under the master agreement and this Appendix; and
9.1.3 Ensure that every employee who has access to personal data knows and understands his or her obligations under the Data Protection Law and this Appendix; and
9.1.4 Ensure the reliability of employees who access personal data, and ensure that all personnel have received training on personal data protection and signed a confidentiality agreement.

10、Liability for Breach of Contract

10.1 Both parties shall ensure that they will not directly or indirectly cause the other party to suffer any legal actions, litigation, claims, requests, expenses and damages (including reasonable litigation fees and legal fees that do not undermine the general provisions of this article), otherwise it shall bear the legal responsibility independently and compensate the other party for all losses.
10.2 Under any condition, the total liability of Xiaomi under this Appendix shall not exceed the contract amount paid by the developer under the agreement.

11、Appendix Termination

11.1 Under the following circumstances, when no other rights or remedies are impaired (whether in accordance with this Appendix or in accordance with the law), either party has the right to terminate this Appendix immediately after serving a written notice to the other party:
11.1.1 The other party has violated any of the important obligations under this Appendix, and if the breached obligation is remedy, the other party has not taken remedial measures 30 (thirty) natural days after receiving the written notice;
11.1.2 The Main Agreement has been terminated.
Annex:1:Standard Contractual Clauses
The following Clauses provide adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the Transfer by the data exporter to the data importer of the personal data specified in Annex 1.
Clause 1 Definitions
For the purposes of the Clauses:
(a) 'personal data', 'special categories of data', 'process/processing', 'controller', 'processor', 'data subject' and 'supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ;
(b) 'the data exporter' means the controller who Transfers the personal data;
(c) 'the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the Transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) 'the subprocessor' means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the Transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) 'the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) 'technical and organisational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Clause 2 Details of the Transfer
The details of the Transfer and in particular the special categories of personal data where applicable are specified in the Processing Appendix which forms an integral part of the Clauses.
Clause 3 Third-Party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-Party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-Party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
4. The Parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Clause 4 Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the Transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data Transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the Transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the Transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the Transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Clause 5 Obligations of the data importer
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the Transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the Transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data Transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
(ii) any accidental or unauthorised access, and
(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the Transfer and to abide by the advice of the supervisory authority with regard to the processing of the data Transferred;
(f) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
Clause 6 Liability
1. The Parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any Party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, in which case the data subject can enforce its rights against such entity.
The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.
Clause 7 Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-Party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The Parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Clause 8 Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The Parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).
Clause 9 Governing Law
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Clause 10 Variation of the contract
The Parties undertake not to vary or modify the Clauses. This does not preclude the Parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Clause 11 Subprocessing
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses . Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor's obligations under such agreement.
2. The prior written contract between the data importer and the subprocessor shall also provide for a third-Party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-Party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established,
4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority.
Clause 12 Obligation after the termination of personal data processing services
1. The Parties agree that on the termination of the provision of data processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data Transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data Transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data Transferred and will not actively process the personal data Transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

Appendix 1
to the Standard Contractual Clauses
Data exporter
The data exporter is (please specify briefly your activities relevant to the transfer):
Data importer
The data importer is (please specify briefly activities relevant to the transfer):
Data subjects
The personal data transferred concern the following categories of data subjects (please specify):
Categories of data
The personal data transferred concern the following categories of data (please specify):
Special categories of data (if appropriate)
The personal data transferred concern the following special categories of data (please specify):
Processing operations
The personal data transferred will be subject to the following basic processing activities (please specify):
DATA EXPORTER
Name:
Authorised Signature
DATA IMPORTER
Name:
Authorised Signature
Appendix 2
to the Standard Contractual Clauses
Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):