This Data Protection Addendum (the “Addendum”), effective as of the Addendum Effective Date (4th March 2025), supplements and forms an integral part of the Terms of Service (the “Terms”) entered into between MJ MEDIPORT PRIVATE LIMITED (“MJ MEDIPORT PRIVATE LIMITED”) and the customer (“Client”). MJ MEDIPORT PRIVATE LIMITED and Client are hereinafter collectively referred to as the “Parties” and individually as a “Party.”
The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Terms and references in this Addendum to the Terms are to the Terms as amended by, and including, this Addendum.
In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
“Addendum Effective Date” has the meaning given to it in Section 2.
“Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with either Client or MJ MEDIPORT PRIVATE LIMITED (as the context allows), where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
“Client Personal Data” means any Personal Data Processed by MJ MEDIPORT PRIVATE LIMITED (i) on behalf of Client (including for the sake of clarity, any Client Affiliate), or (ii) otherwise Processed by MJ MEDIPORT PRIVATE LIMITED, in each case pursuant to or in connection with instructions given by Client in writing, consistent with the Terms.
“Controller to Processors” means the Standard Contractual Clauses (processors) for the purposes of Article 26(2) of Directive 95/46/EC set out in Decision 2010/87/EC as the same are revised or updated from time to time by the European Commission.
“Data Protection Laws” means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 (“GDPR”) together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons, and (ii) The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, including the HIPAA Privacy, Security, and Breach Notification Rules, to the extent MJ MEDIPORT PRIVATE LIMITED Processes Protected Health Information (PHI) as defined thereunder; (iii) The Dubai Health Authority (“DHA”) Regulations and any other applicable health data protection and confidentiality policies or laws in Dubai or the UAE (iv) to the extent not included in sub-clause (i, ii, iii), the Data Protection Act 1998 of the United Kingdom, as amended from time to time, and including any substantially similar legislation that replaces the DPA 1998.
“Privacy Shield” means the EU-US Privacy Shield Framework.
“Services” means the services to be supplied by MJ MEDIPORT PRIVATE LIMITED to Client or Client Affiliates pursuant to the Terms.
The terms “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Process”, “Processor” and “Supervisory Authority” have the same meanings as described in applicable Data Protection Laws, and cognate terms shall be construed accordingly.
Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Terms.
This Addendum is deemed agreed by the Parties and comes into effect on the “Addendum Effective Date”, being the later of (i) the date that this Addendum is accepted by Client; and (ii) MJ MEDIPORT PRIVATE LIMITED.
The Parties acknowledge and agree that with regard to the Processing of Client Personal Data, and as more fully described in Annex 1 hereto, Client acts as a Controller and MJ MEDIPORT PRIVATE LIMITED acts as a Processor (as defined in Section 5.2.4 below). The Parties expressly agree that Client shall be solely responsible for ensuring timely communications to Client’s Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Client’s Affiliates or the relevant Controller(s) to comply with such Laws.
In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the details of the Processing of the Client Personal Data to be Processed by MJ MEDIPORT PRIVATE LIMITED pursuant to this Addendum, as required by Article 28(3) of the GDPR. Either Party may make reasonable amendments to Annex 1 by written notice to the other Party and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party.
Client shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum. As between the Parties, Client shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to MJ MEDIPORT PRIVATE LIMITED of Client Personal Data. Client agrees not to provide MJ MEDIPORT PRIVATE LIMITED with any data concerning a natural person’s health, religion, or any special categories of data as defined in Article 9 of the GDPR.
MJ MEDIPORT PRIVATE LIMITED shall comply with all applicable Data Protection Laws in the Processing of Client Personal Data and MJ MEDIPORT PRIVATE LIMITED shall:
The technical and organizational measures include:
Any amendment to such agreed measures that is necessitated by Client shall be dealt with via an agreed change control process between MJ MEDIPORT PRIVATE LIMITED and Client.
Client (on behalf of the relevant Controller(s), as applicable), hereby expressly and specifically authorizes MJ MEDIPORT PRIVATE LIMITED to engage another Processor to Process the Client Personal Data (“Other Processor”), and specifically the Other Processors listed in Annex 2 hereto, subject to MJ MEDIPORT PRIVATE LIMITED’s:
In relation to any notice received under Section 5.2.4(a), the Client shall have a period of 30 (thirty) days from the date of the notice to inform MJ MEDIPORT PRIVATE LIMITED in writing of any reasonable objection to the use of that Other Processor. The parties will then, for a period of no more than 30 (thirty) days from the date of the Client’s objection, work together in good faith to attempt to find a commercially reasonable solution for the Client which avoids the use of the objected-to Other Processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Terms) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty, or indemnification whatsoever.
To the extent legally permissible, promptly notify Client of any communication from a Data Subject regarding the Processing of Client Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection Laws in respect of the Client Personal Data and, taking into account the nature of the Processing, assist Client (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Client’s, Client’s Affiliates’ or the relevant Controller(s)’ obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR; Client agrees to pay MJ MEDIPORT PRIVATE LIMITED for time and for out of pocket expenses incurred by MJ MEDIPORT PRIVATE LIMITED in connection with the performance of its obligations under this Section 5.2.5.
Upon MJ MEDIPORT PRIVATE LIMITED’s becoming aware of a Personal Data Breach involving Client Personal Data, notify Client without undue delay, of any Personal Data Breach involving Client Personal Data, such notice to include all information reasonably required by Client (or the relevant Controller) to comply with its obligations under the applicable Data Protection Laws.
To the extent required by the applicable Data Protection Laws, provide reasonable assistance to Client, Client’s Affiliates’ or the relevant Controller(s)’ with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and information available to MJ MEDIPORT PRIVATE LIMITED; Client agrees to pay MJ MEDIPORT PRIVATE LIMITED for time and for out of pocket expenses incurred by MJ MEDIPORT PRIVATE LIMITED in connection with any assistance provided in connection with Articles 35 and 36 of the GDPR.
Cease Processing the Client Personal Data upon the termination or expiry of the Terms, and at option of Client, Client’s Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the Client Personal Data Processed by MJ MEDIPORT PRIVATE LIMITED, unless (and solely to the extent and for such period as) Country law requires storage of the Personal Data. Notwithstanding the foregoing or anything to the contrary contained herein, MJ MEDIPORT PRIVATE LIMITED may retain Personal Data and shall have no obligation to return Personal Data to the extent required by applicable laws or regulations obligations. Any such Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Terms.
Make available to Client all information necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by Client, or an auditor mandated by Client. For the purposes of demonstrating compliance with this Addendum under Section 5.2.9, the Parties agree that once per year during the term of the Terms, MJ MEDIPORT PRIVATE LIMITED will provide to Client, on reasonable notice, responses to cybersecurity and other assessments. Client agrees to pay MJ MEDIPORT PRIVATE LIMITED for time and for out-of-pocket expenses incurred by MJ MEDIPORT PRIVATE LIMITED in connection with assistance provided in connection with such audits, responses to cybersecurity, and other assessments.
MJ MEDIPORT PRIVATE LIMITED is certified by Information Security Management as per ISO 27001:2013. MJ MEDIPORT PRIVATE LIMITED shall notify Client in writing without undue delay if it can no longer comply with its obligations under the Privacy compliance, and, in such a case, MJ MEDIPORT PRIVATE LIMITED will have the option of (i) promptly taking reasonable steps to remediate any non-compliance with applicable obligations under this Addendum, or (ii) engaging in a good faith dialogue with Client to determine a new data transfer mechanism to carry out the purposes of the Terms. MJ MEDIPORT PRIVATE LIMITED acts as a Processor with respect to Personal Data received pursuant to a data transfer.
In the event the Privacy Compliance is invalidated, Client and each Client Affiliate (on behalf of the relevant Controller(s), as the case may be), if applicable (as “data exporter”) and MJ MEDIPORT PRIVATE LIMITED (as “data importer”), with effect from the commencement of the relevant transfer, shall enter into the Controller to Processor SCCs (mutatis mutandis, as the case may be) in respect of any transfer (or onward transfer) from Client or Client Affiliate to MJ MEDIPORT PRIVATE LIMITED, where such transfer would otherwise be prohibited by applicable Data Protection Laws or by the terms of data transfer agreements put in place to address applicable Data Protection Laws. Appendix 1 to the Controller to Processor SCCs shall be deemed to be prepopulated with the relevant sections of Annex 1 to this Addendum and the processing operations are deemed to be those described in the Terms. Appendix 2 to the Controller to Processor SCCs shall be deemed to be prepopulated with the following: “Taking into account state of the art, the costs of implementation and the nature, scope, context, and purposes of processing as well as the risk of the varying likelihood for the rights and freedoms of natural persons, MJ MEDIPORT PRIVATE LIMITED shall implement appropriate technical and organizational measures as set forth in the Addendum.”
The provisions of this Addendum are supplemental to the provisions of the Terms. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Terms, the provisions of this Addendum shall prevail.
To the extent permissible by law, Client shall indemnify and hold harmless MJ MEDIPORT PRIVATE LIMITED against all (i) losses, (ii) third-party claims, (iii) administrative fines, and (iv) costs and expenses (including without limitation, reasonable legal, investigatory and consultancy fees and expenses) reasonably incurred in relation to (i), (ii) or (iii), suffered by MJ MEDIPORT PRIVATE LIMITED and that arise from any breach by Client of this Addendum or of its obligations under applicable Data Protection Laws.
The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.
The organization ensures that the contract to process PII addresses the organization’s role in providing assistance with the customer’s obligations.
The Agreement considers the following and follows:
| Name | Stefany Prakash |
| stefany@vcdoc.in |
This Annex includes certain details of the Processing of Client Personal Data as required by Article 28(3) GDPR and, as applicable, Controller to Processor SCC.
| Subject matter and duration of the Processing | The subject matter and duration of the Processing of the Client’s Personal Data are set out in Section 2 of the Terms. |
| Nature and purpose of the Processing | Due diligence and Background Verification of Organizations and Individuals. |
| Categories of Data Subject | Employees and Contractors of Clients. |
| Types of Client Personal Data Processed | Name, Address, Date of Birth, Age, Education, Email, Gender, Image, Job, Language, Phone, Related person, Related URL, User ID, and Username. |
| Special categories of data | None. |
| Obligations and rights of Client | The obligations and rights of Client are set out in the Terms and this Addendum. |
| Data exporter | The data exporter is: Client of MJ MEDIPORT PRIVATE LIMITED that uses the Services. |
| Data importer | The data importer is: PIPL, a company that provides services to the client, which requires receiving the Client’s query data. |
| Processing operations | The personal data transferred will be subject to the following basic processing activities: the provision of MJ MEDIPORT PRIVATE LIMITED limited to Client for Due Diligence and Background Verification as per Client requirements. |
| Name of Other Processor | Description of Processing | Location of Other Processor |
|---|---|---|
| Vercel | Official Website | US Eastern |
| Heroku | Content Management System | Mumbai, India |
© 2026 MJ Mediport Private Limited. All rights reserved.