Mintt Studio

Data Processing Addendum

Last modified: May 16, 2026

This Data Processing Addendum ("Addendum") forms part of the Contract for Services under Mintt Studio's Terms and Conditions (the "Principal Agreement") between Velvet Symphony Lda., trading under the registered brand Mintt Studio, Rua Parque da Republica, 116, 4430-164 Vila Nova de Gaia, Portugal (referred to as the "Processor") and the Company using Mintt Studio's services (referred to as the "Company").

This Addendum governs the specific requirements of Data Protection Laws to the extent that the Company's use of Mintt Studio Services implies the processing of Personal Data subject to Data Protection Laws.

This Addendum is complementary to our Privacy Policy, which serves as the primary reference for our data protection practices and measures.

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

WHEREAS

  • A) The Company acts as a Data Controller (the "Controller").
  • B) The Company wishes to subcontract certain Services (as defined below), which imply the processing of Personal Data, to Velvet Symphony Lda., trading under the registered brand Mintt Studio, acting as a Data Processor (the "Processor").
  • C) The Parties seek to implement a data processing addendum that complies with the requirements of the current legal framework in relation to data processing and with 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) and other applicable data protection laws.
  • D) 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 Addendum shall have the following meaning:

  • 1.1) "Addendum" means this Data Processing Addendum and all Schedules;
  • 1.2) "Company Personal Data" means any Personal Data related to the Company or Company's customers or employees Processed in connection with the Principal Agreement;
  • 1.3) "Contracted Processor" means a Subprocessor;
  • 1.4) "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
  • 1.5) "EEA" means the European Economic Area;
  • 1.6) "EU Data Protection Laws" means the GDPR and any other data protection laws of the European Union or of a Member State;
  • 1.7) "GDPR" means EU General Data Protection Regulation 2016/679;
  • 1.8) "Data Transfer" means:
    • 1.8.1) a transfer of Company Personal Data from Controller to the Processor or a Contracted Processor; or
    • 1.8.2) an onward transfer of Company Personal Data from the Processor to a Subprocessor, or between two establishments of a Subprocessor;
  • 1.9) "Services" means online services provided by the Processor, such as Shopify Apps. The details and pricing of the Services can be found on the Processor's website.
  • 1.10) "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of Controller in connection with the Principal Agreement.

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 or other applicable Data Protection Laws, and their cognate terms shall be construed accordingly.

2. Processing of Company Personal Data

Processor shall:

  • 2.1) comply with all applicable Data Protection Laws in the Processing of Company Personal Data;
  • 2.2) not process Company Personal Data other than on the Controller's documented instructions in section 2;
  • 2.3) inform the Company without undue delay if, in the Processor's opinion, an instruction infringes the GDPR or other applicable Data Protection Laws.

Controller instructs Processor to process Company Personal Data to:

  • 2.4) provide the Services and related technical support;
  • 2.5) fulfill legal obligations or resolve disputes;
  • 2.6) exercise any internal task aimed to optimize the security, privacy, confidentiality, and functionalities of the Services;
  • 2.7) exercise internal reporting, financial reporting, and other similar internal tasks.

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 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/or to comply with Data Protection Laws and other relevant legislation 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

In accordance with Article 32 (1) of the GDPR, the Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing. These measures shall be designed to protect the rights and freedoms of natural persons, considering the risks of varying likelihood and severity, including the risk of a Personal Data Breach.

The Processor shall also assess the risks associated with processing activities and apply measures that are consistent with the requirements set forth in Article 32 (1) GDPR, ensuring the security of Company Personal Data at all times.

5. Subprocessing

Subject to this Addendum, the Company grants general authorization to the Processor to engage Subprocessors and disclose or transfer Company Personal Data to them. The current list of Subprocessors is available at minttstudio.com/subprocessors. The Company acknowledges and approves that list. The Processor may update the list from time to time. For material additions, the Processor will notify the Company (including by email to the address associated with the Services or via the Services). The Company may object by contacting legal@minttstudio.com or by uninstalling the Services. Continued use of the Services without objection constitutes approval of the updated list. Furthermore, the Company authorizes the Processor to disclose and transfer Personal Data to any company within its corporate group.

Processor ensures that Subprocessors are subject to an agreement with Processor no less restrictive and protective than the present Addendum with respect to the protection of Company Personal Data to the extent applicable to the nature of the services provided by the Subprocessor.

6. Data Subject Rights

Taking into account the nature of the processing, the Processor shall reasonably assist the Company in the fulfillment of the Company's obligations to respond to requests to exercise Data Subject rights under the Data Protection Laws.

Processor shall:

  • 6.1) promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
  • 6.2) ensure that it does not respond to that request except on the documented instructions of the Controller or as required by Applicable Laws to which the Processor is subject, in which case the Processor shall to the extent permitted by Applicable Laws inform the Controller of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

The Processor shall manage any Personal Data Breach in compliance with applicable Data Protection Laws and its internal Personal Data Breach procedures. In the event of a Personal Data Breach affecting Company Personal Data, the Processor shall notify the Company without delay, providing sufficient information to enable the Company to fulfill its obligations under Data Protection Laws, including informing Data Subjects as necessary. In such cases, the Processor shall provide the 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 Company and take reasonable commercial steps as directed by Company to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.

Each party shall bear the costs of the investigation, remediation, mitigation, and other related costs to the extent a Data Breach is caused by such party.

Each party shall bear the costs of any fines, penalties, damages, or other related amounts imposed by an authorized regulatory body, governmental agency, or court of competent jurisdiction to the extent arising from such party's breach of its obligations under this Addendum.

8. Data Protection Impact Assessment and Prior Consultation

Processor shall provide reasonable assistance to Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Controller 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

Upon cessation of any Service involving the Processing of Company Personal Data, the Company may instruct the Processor to delete or return Company Personal Data. If the Company does not give such an instruction within a reasonable period, the Processor shall delete Company Personal Data. Deletion or return shall be carried out to the extent permitted by applicable laws, and subject to any retention required by law or remaining in backups until those backups are overwritten. Should the Company require a copy of their data, they must request it before deletion; requests made after deletion can no longer be considered.

10. Audit rights

Subject to this section 10, Processor shall make available to Company on request all information necessary to demonstrate compliance with this Addendum and shall allow for and contribute to audits, including inspections, by Company or an auditor mandated by Company in relation to the Processing of the Company Personal Data by the Contracted Processors. The Company shall not exercise its audit rights more than once per calendar year except following a Personal Data Breach or an instruction by a regulatory authority. Company shall give Processor at least sixty (60) days prior written notice of its intention to audit Processor pursuant to this Addendum. The audit shall be conducted during the Processor's business hours, shall not disrupt the Processor's operations and shall ensure the protection of the Company's, Processor's, and other Data Subjects' Personal Data. Processor and Company shall mutually agree in advance on the date, scope, duration and security and confidentiality controls applicable to the audit. The Company acknowledges that the signing of a non-disclosure agreement may be required by the Processor prior to the conduction of the audit.

Information and audit rights of the Company only arise under section 10 to the extent that the Principal Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

To the extent possible, the Processor shall only transfer or authorize the transfer of Data to countries within UK, the EU and/or countries subject to an adequacy decision, as provided for in art. 45 GDPR. If Personal Data processed under this Addendum is transferred from any country within the EU or any country subject to an adequacy decision to a country outside of this scope, the Parties shall ensure that the Personal Data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU- and/or UK- approved and then-current standard contractual clauses for the transfer of Personal Data or other transfer mechanisms as provided for by Data Protection Laws. Processor shall be authorized to perform such transfers to Subprocessors provided that adequate safeguards are implemented with regards to the nature of the transfer.

12. General Terms

Compliance with Applicable Laws. Processor will process Company Personal Data in accordance with this Addendum and Data Protection Laws applicable to its role under this Addendum. Processor is not responsible nor liable for complying with Data Protection Laws solely applicable to Company by virtue of its business or industry.

Confidentiality. Each party must keep any information it receives about the other party and its business in connection with this Addendum ("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:

  • (a) disclosure is required by law;
  • (b) the relevant information is already in the public domain through no fault of the Parties.

Notices. All notices and communications given under this Addendum must be in writing and will be sent by email. Controller shall be notified by email sent to the address related to its use of the Services under the Principal Agreement. Processor shall be notified by email sent to the address: legal@minttstudio.com

Governing Law and Jurisdiction. This Addendum shall be governed by Portuguese law, without regard to the choice or conflicts of law provisions of any jurisdiction to the contrary, and disputed actions, claims, or causes of action arising out of or in connection with this Addendum, an order form, any document incorporated by reference, Mintt Studio technology, or the Services shall be subject to the exclusive jurisdiction of Vila Nova de Gaia, Portugal.

13. Details of Processing

The following describes the Processing of Company Personal Data under this Addendum:

  • 13.1) Subject matter: providing Mintt Studio apps, including Instafeed, and related support.
  • 13.2) Duration: the term of the Principal Agreement.
  • 13.3) Nature and purpose: providing the Services, related support, and security.
  • 13.4) Categories of data subjects: the Company's merchant users; storefront visitors where the Company uses the Services on its store.
  • 13.5) Types of personal data: store and account data; Instagram connection and content; technical request data; optional usage and attribution data.