EU Data Act Addendum
GREENHOUSE SOFTWARE, INC.
Last Updated: February 1, 2026
This EU Data Act Addendum (“EU Data Act Addendum”) supplements the MSA, available at MSA, and is hereby incorporated by reference into the Agreement between Greenhouse and Customer. This EU Data Act Addendum governs the Parties’ respective rights and obligations under the EU Data Act with respect to Customer’s use of the Greenhouse Services. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement. In the event of any conflict between this EU Data Act Addendum and the MSA, this EU Data Act Addendum shall control to the extent of the conflict with respect to the subject matter herein.
For the avoidance of doubt, this Addendum applies only if Customer is subject to Regulation (EU) 2023/2854 (the “EU Data Act”).
1. DEFINITIONS
“Customer Data” for purposes of this Addendum only means the Customer’s exportable data (i.e., data and related metadata generated by Customer’s use of the Services), and Digital Assets (i.e., digital elements for which Customer has an independent right of use, such as metadata indicating the configuration of settings) that relate to eligible Data Processing Services and that may be ported to Customer’s on-premises ICT infrastructure or an alternative provider’s environment. This does not include Greenhouse proprietary information, such as data specific to the internal functioning of the Greenhouse Services, that is protected by intellectual property rights, that constitute a trade secret of Greenhouse or any third party, or data related to the integrity and security of the Greenhouse Services. For all other purposes under the Agreement, "Customer Data" shall have the meaning set forth in the MSA.
“Data Processing Services” means the elements of the Greenhouse Services offered by Greenhouse that constitute data processing services under Article 2(8) of the EU Data Act.
“Notice Period” means the two (2) month written notice period required under Section 2(a)
“Switching” has the meaning set forth in Article 2(34) of the EU Data Act.
“Transition Period” means the period of 30 days (or longer if so notified) as described in Section 3(a) during which Customer may export Customer Data.
2. SWITCHING RIGHTS AND NOTICE
(a) Notice Requirement. Prior to exercising its right to Switching, Customer shall notify Greenhouse in writing of its intent to initiate Switching by contacting privacy@greenhouse.io. To the extent permitted by the EU Data Act, Customer may exercise its right to switch by providing Greenhouse with at least two (2) months’ prior written notice by emailing privacy@greenhouse.io (“Switching Notice”). The Switching Notice must specify:
(i) Which Data Processing Services Customer wishes to switch;
(ii) Whether Customer intends to switch to a different service provider, move to on-premises ICT infrastructure, or request data erasure; and
(iii) Customer's desired timeframe for the Switching process.
A Switching Notice is binding upon its receipt by Greenhouse and may only be modified or rescinded with its express written consent.
(b) Acknowledgment of Data Processor Role. This Addendum does not affect the Parties’ roles with respect to the processing of Customer Data that is Personal Data as set out in the Data Processing Addendum entered into between the Parties.
3. TRANSITION PERIOD AND DATA EXPORT
(a) Transition Period. Following the Notice Period, Greenhouse will enable Customer a transition period of thirty (30) days to export Customer Data (“Transition Period”) from the relevant Greenhouse Services.
(b) Extension of Transition Period. If Greenhouse determines that Switching is technically unfeasible within the standard Transition Period, Greenhouse will notify Customer within fourteen (14) business days of receiving the Switching Notice and propose an alternative Transition Period not exceeding seven (7) months. Customer may also request a one-time extension of the Transition Period for a reasonable period not exceeding seven (7) months provided it gives at least fourteen (14) days notice to Greenhouse.
4. SWITCHING ASSISTANCE AND FEES
(a) Reasonable Assistance. Greenhouse will provide Customer and third parties authorized by Customer reasonable assistance during the Switching process. Any assistance beyond what is reasonable will qualify as Greenhouse Professional Services, be compensated at standard rates and subject to a separate order form or terms as Greenhouse makes available to customers generally for its Professional Services.
(b) Fees. Customer acknowledges that:
(i) Outstanding Fees: All fees due under the Agreement and any Order Forms for the full subscription term remain fully owed and payable for the Greenhouse Services, including any fees related to Professional Services for the remainder of the Term (“Early Termination Fee”).
(ii) No Refunds: Customer is not entitled to any refund of fees previously paid under the Agreement or pursuant to any Order Form.
(iii) Distinction from Switching Charges: Any Early Termination Fee owed by Customer is separate from and not considered a “switching charge” under the EU Data Act.
5. GREENHOUSE OBLIGATIONS DURING SWITCHING
(a) Business Continuity. Greenhouse will act with due care to maintain business continuity and continue providing the Greenhouse Services in accordance with the Agreement throughout the Transition Period.
(b) Security Measures. Greenhouse will maintain the security measures specified in the Agreement during the Transition Period.
(c) Risk Disclosure. Greenhouse will inform Customer of any known risks to the Greenhouse Services’ continuity during the switching process.
6. CUSTOMER OBLIGATIONS
(a) Completion of Export. Customer must retrieve the Customer Data from the relevant Greenhouse Services within thirty (30) calendar days starting after the expiration of the Transition Period.
(b) Notification of Completion. Customer must notify Greenhouse in writing by contacting privacy@greenhouse.io upon successful completion of data export. In the absence of such a notification, the Switching will be deemed completed within thirty (30) calendar days following the expiration of the Transition Period.
(c) Rights and Permissions. It is Customer’s sole responsibility to ensure that it has all necessary rights and permissions for Switching and porting Customer Data, including with respect to any Affiliates or third parties who may be impacted.
(d) Indemnification. Customer shall indemnify Greenhouse from any claim, demand, action, or processing brought by a third party or regulatory authority arising from Customer’s acts, omissions, or failure to comply with applicable obligations in connection with the Switching process.
7. TERMINATION
(a) Automatic Termination. The Agreement will terminate with respect to the relevant Greenhouse Services upon the earlier of:
(i) Customer’s written notification of successful data export or in the absence of such a notification, upon expiration of the Transition Period;
(ii) If Customer requests data erasure only, two (2) months after Greenhouse receives the Switching Notice.
Customer will be notified of the termination.
(b) Service Continuation. Greenhouse will continue providing the Data Processing Services until the termination date specified in Section 7(a).
8. DATA DELETION
(a) Post-Transition Deletion. Following Customer’s written notification of successful data export, or expiration of the Transition Period, Greenhouse will take reasonable steps to erase Customer Data in accordance with the Agreement’s data retention provisions and in compliance with applicable law.
9. EXCLUSIONS
(a) Non-Applicability. The following Greenhouse Services are not eligible for Switching:
(i) Beta or testing services;
(ii) Services provided for evaluation purposes; or
(iii) Non-production environments or sandboxes.
10. GOOD FAITH
(a) Fair Dealing. Both Parties agree to act in good faith and cooperate to give full effect to this Addendum while respecting the commercial terms of the Agreement. The Customer confirms it has no present intention to depart or deviate from the agreed commercial structure set forth in any Order Form, including fees and subscription term, and both Parties agree to act in good faith and to cooperate with the other to give full effect to the commercial intent of this Addendum, the Order Form and the Agreement.
11. LIMITATION OF LIABILITY
(a) Liability. Greenhouse's liability for any issues arising from or related to Switching, including data integrity or loss, system downtime, compatibility issues, or any other disruptions or failure that may occur during or as a result of Switching, shall be governed by the limitation of liability provisions in the Agreement. Customer assumes full responsibility for successful completion of the Switching process.
12. GENERAL PROVISIONS
(a) Governing Law. This Addendum is governed by the same law as the Agreement.
(b) Survival. Sections 4(b)(i) (Early Termination Fees), 8 (Data Deletion), and 11 (Limitation of Liability) survive termination of this Addendum.
