Annex: WhatsApp Notification Service

circle 1. Service description circle 2. Terms of use circle 3. Guarantees circle 4. Responsibility circle 5. Service modifications circle 6. Special provisions regarding data processing

* This annex was originally written in Spanish. In case of discrepancies between the original and a translated version, the original version in Spanish will prevail over all others.

1circle Service description

Fracttal, through the integrator module Fracttal HUB, enables the functionality to send automated notifications to WhatsApp numbers related to events registered within the Fracttal One platform.

2circle Terms of use

The client is responsible for previously registering WhatsApp numbers authorized to receive automatic notifications through Fracttal's service. This registration must include only WhatsApp numbers under the client’s control and with the explicit consent of the holders to receive such notifications. It is highly recommended to use corporate numbers, as this will not only ensure greater effectiveness in receiving alerts but also facilitate the identification and management of institutional communication. Fracttal reserves the right to verify the validity of the registered numbers and request additional documentation to certify their authorization. Furthermore, the client must ensure that the registered numbers are kept up to date and notify Fracttal promptly of any changes. The use of unauthorized or personal numbers for notification purposes may result in the interruption of the service and the client being held responsible for any issues that may arise.

The client is responsible for keeping the registered numbers updated and ensuring the proper use of the service. Fracttal collects only the data necessary for the functionality of the service.

By using the service, the client agrees to the processing of data in compliance with the applicable laws and regulations in the place of use, including those concerning privacy and data protection, under the purposes outlined in our data processing policy: https://www.fracttal.com/en/privacy-policy

It is the sole responsibility of the client to ensure that the WhatsApp numbers configured are owned by the client organization or, where applicable, that they have the proper authorization for the data processing of the users of such accounts configured in Fracttal One under the purposes outlined in our data processing policy. If the client lacks the authorization for the data processing of users who own the WhatsApp lines, including the explicit consent of such holders to receive notifications, the client fully assumes the non-compliance with the terms and conditions of the service and any resulting damages.

3circle Guarantees

1. Fracttal provides the WhatsApp notification service as-is, without any guarantees of any kind. This includes, but is not limited to, the accuracy, reliability, availability, timeliness, or suitability for any specific purpose of such notifications. Fracttal does not guarantee that the service will be error-free, uninterrupted, or accessible at all times, especially in the event of failures in the WhatsApp service. Additionally, the service is provided without any guarantee regarding the effective delivery of messages due to factors beyond Fracttal's control, such as network connectivity issues, third-party application blocking settings, or changes to WhatsApp's usage policies. Under no circumstances will Fracttal be liable for any loss or damage, whether direct or indirect, resulting from the use of this service.

2. Fracttal provides the notification service, which may naturally be subject to interruptions of any kind due to factors beyond Fracttal's control. This may include scheduled or unscheduled maintenance, failures, WhatsApp service limitations, technical problems, and/or force majeure events that prevent the provision of the service.

The Client acknowledges and accepts that access and connectivity conditions may be affected by external factors, thereby releasing Fracttal from any liability for losses, notification delivery delays, or any direct or indirect damage that may arise from the use of the service under this Add-On.

4circle Responsibility

Fracttal will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of WhatsApp notifications, even if advised of the possibility of such damages.

The WhatsApp number from which automatic notifications are sent is intended exclusively for communicating alerts and notifications related to events recorded on the Fracttal One platform. The client agrees that this number cannot be used to respond to received notifications or to send promotional, commercial, or business advertising messages in any form. Any inappropriate use of this number, including but not limited to the dissemination of unsolicited advertising materials or responding to notifications, may result in the suspension of the notification service.

5circle Service modifications

Fracttal reserves the right to modify, suspend, or discontinue the WhatsApp notification service at any time, with or without prior notice to the client. Any changes will be communicated through the usual channels that Fracttal uses to communicate with its clients.

6circle Special provisions regarding data processing

By configuring the name and phone number, the client acknowledges and agrees that the Data Controller for personal data collected through WhatsApp notifications sent via the Fracttal HUB integrator module is Fracttal Tech, S.L. The client accepts the purpose of such processing, which is to process and send relevant information and updates about notifications related to Assets, Human Resources, Third Parties, Warehouses, Tasks, Work Orders, Monitoring, Work Requests, Material Requests, Virtual Disk, among others.

The following categories of personal data may be processed: name, phone number, and other information necessary for the corresponding notifications. This data will be processed within the European Union. Personal data will not be shared with third parties unless there is a legal obligation to do so or explicit consent is obtained from the data subject. As part of the service provision, the client authorizes Fracttal to transmit the data to its AWS servers located in the European Union to allow data retrieval for the purposes of service provision and under the purposes outlined.

Data subjects have the right to access, rectify, and delete their personal data, as well as request the limitation of its processing and object to it. To exercise these rights, data subjects may contact andres.scott@fracttal.com in writing

Fracttal will implement the necessary technical measures to ensure an adequate level of security, protecting the data against unauthorized processing, loss, destruction, or other incidents, provided such data is not manipulated or accessed by third parties legally or illegally, outside the contractual relationship.

Data will be retained for as long as necessary to fulfill the purpose for which it was collected, while the commercial relationship exists, and up to five (5) years after the relationship ends to comply with applicable legal obligations.