Platform Ledger Terms

These Platform Ledger Terms (these "Platform Ledger Terms") apply where Customer’s Order includes Ledgers (defined below). These Platform Ledger Terms are Additional Product Terms that are part of, and are incorporated into, the Platform Customer Agreement and the TOU (as applicable) between Customer and M-Cubed and any Order(s) (collectively, the "Agreement"). Capitalized terms used but not defined in these Platform Ledger Terms have the meanings given to them in the Agreement.

1. Ledger Services. "Ledgers" means the feature identified as "Ledgers" in the Product Tables of an Order. Ledgers is provided by M-Cubed, including through its affiliate Modern Treasury Corp., under the Agreement. "Ledger Data" means Data that Customer (including its Personnel) submits or uploads to Ledgers. Ledgers is a software feature and does not itself hold, transmit, receive, or move funds or digital assets. Any movement of funds or digital assets occurs through other Services and the applicable Payments Partners under the Agreement.

2. Data Protection.

2.1. Roles. As between the parties, and solely with respect to Ledger Data, Customer is the controller (and, where the CCPA applies, the Business) and M-Cubed processes Ledger Data as a processor (and, where the California Consumer Privacy Act, as amended (“CCPA”), applies, the “business”), each as defined in the CCPA on Customer's behalf and in accordance with Customer's documented instructions as set out in the Agreement and these Platform Ledger Terms. This Section 2 applies only to Ledger Data and does not affect M-Cubed's rights or role with respect to any other Data.

2.2. California Privacy. To the extent the CCPA applies to Ledger Data, the California Privacy terms available at https://www.moderntreasury.com/legal/california-privacy (the "California Privacy Terms") will apply to the Ledger Data. For purposes of applying the California Privacy Terms to the Ledger Data, references in the California Privacy Terms to "Customer Data" mean Ledger Data, references to the "Products" mean Ledgers, references to "Modern Treasury" mean M-Cubed, and references to the "Agreement" mean the Agreement as defined in these Platform Ledger Terms.

2.3. European and UK Privacy. If applicable, M-Cubed will make available, and cause its affiliate Modern Treasury Corp. to enter into, a Data Protection Addendum with Customer ("DPA") for Ledger Data that contains personal data of individuals from the European Economic Area or the United Kingdom. Customer may enter the DPA here. The DPA is entered into by Modern Treasury Corp. in its capacity as the M-Cubed affiliate that provides Ledgers and processes the relevant Ledger Data. For purposes of applying the DPA to Ledger Data, references in the DPA to "Customer Data" and "Content" mean Ledger Data, references to the "Products" or "Services" mean Ledgers, and references to the "Agreement" mean the Agreement as defined in these Platform Ledger Terms.

2.4. Precedence. This Section 2, together with the California Privacy Terms (to the extent the CCPA applies) and any DPA entered under Section 2.3, governs M-Cubed's processing of Ledger Data. To the extent of any conflict between this Section 2 (or any such DPA) and Section 8 (Use of Data) of the Agreement, this Section 2 and the DPA control solely with respect to M-Cubed's processing of Ledger Data.

3. Application of the Agreement. Except as expressly set out in these Platform Ledger Terms with respect to Ledgers (including Section 2 (Data Protection) above), Ledgers and Ledger Data are governed by the Agreement in the same manner as the other Services.