Clinical Data Schedule

This Schedule is between the Subscriber identified in the executed Schedule or Order Form and Aradyne Limited, a company registered in the Republic of Cyprus under registration number HE 486706, with its registered office at Orfeos 3a, Nicosia 1070, Cyprus (“Aradyne”). Aradyne offers this Schedule at its discretion. Nothing in the Agreement obliges Aradyne to offer or to execute it, and no Subscriber acquires any right to submit Clinical Data by reason of its industry, the vertical or template from which its Tenant was provisioned, or the features visible in its Tenant.

PART A — CONDITIONS, SCOPE, AND THE SUBSCRIBER’S OBLIGATIONS

A1. Definitions.

“Clinical Data”means Personal Data concerning the health of the Subscriber’s patients within the meaning of Article 9(1) of the GDPR that the Subscriber or its Users submit to, or generate within, the Service, including dental and medical charting and per-tooth records; diagnostic, treatment, and clinical notes; radiographs, intra-oral photographs, and other clinical images and scans, together with their metadata; laboratory prescriptions (including tooth notation and shade) and laboratory results; and consent and refusal records relating to any of the foregoing. Clinical Data does not include genetic data or biometric data unless expressly declared in the Details of Processing, and does not include protected health information subject to the United States Health Insurance Portability and Accountability Act (“HIPAA”), which remains Prohibited Input Data.

“Clinical Layer”means the Tenant settings, controlled only by Aradyne, that enable per-tooth clinical charting and the acceptance of clinical imaging and scan file formats, together with any other feature that Aradyne designates in writing as part of the Clinical Layer. The Clinical Layer is disabled for every Tenant unless enabled under Section A4. The availability in a Tenant of other features capable of holding text or files, such as notes, note templates, and documents, does not authorise the submission of Clinical Data to that Tenant.

“Details of Processing”means the particulars set out in Section B11, as completed for the Subscriber on execution of this Schedule.

A2. Conditions for the Exception to the Prohibition.

The exception to limbs (i) and (iv) of Section 6.9 of the Agreement, to the corresponding limbs of Section 3.6 of the Acceptable Use Policy, and to the corresponding items of Section 13 of the Privacy Policy applies to a Subscriber only when all of the following conditions are satisfied, and only for so long as they remain satisfied: (a) this Schedule has been executed by the Subscriber and Aradyne in accordance with Section A3; (b) the Details of Processing have been completed for the Subscriber, including the categories of Clinical Data, the Subscriber’s Article 6(1) basis and Article 9(2) condition, and whether it treats minors; (c) Aradyne has identified to the Subscriber in writing the Sub-processors that will process the Subscriber’s Clinical Data and their processing locations, in accordance with Section B4; and (d) Aradyne has enabled the Clinical Layer for the Subscriber’s Tenant in accordance with Section A4. Clinical Data submitted before all of these conditions are satisfied, or submitted to any other Tenant, is Prohibited Input Data.

A3. Execution.

This Schedule is executed only by (i) a written counterpart signed by both Parties, by hand or by qualified electronic signature, or (ii) an Order Form signed by both Parties that expressly incorporates this Schedule. Acceptance of the Agreement online, any click-through, and continued use of the Service do not execute this Schedule. On execution, this Schedule is incorporated into the Agreement for that Subscriber in accordance with Section 9.5 of the Agreement.

A4. Tenant Enablement.

The Clinical Layer is disabled for every Tenant by default, irrespective of the Subscriber’s industry or of the vertical, template, or configuration from which its Tenant was provisioned. It is enabled for a Tenant only by Aradyne, as an operator action taken for that Tenant alone after this Schedule has been executed for the Subscriber that holds that Tenant; it is never enabled by default for any industry or vertical, and it cannot be enabled by the Subscriber, by any User, or through any setting available within the Service. Aradyne shall not enable the Clinical Layer for a Tenant until conditions (a) to (c) of Section A2 are satisfied. Where a Subscriber holds more than one Tenant, each Tenant is enabled separately. Aradyne will disable the Clinical Layer for a Tenant on termination of this Schedule, as provided in Section A9, and may suspend it in accordance with that Section.

A5. Lawful Basis.

The Subscriber is the controller of Clinical Data. Before submitting any Clinical Data, the Subscriber shall have, and shall declare in the Details of Processing, a lawful basis under Article 6(1) of the GDPR and a condition under Article 9(2) of the GDPR — ordinarily Article 9(2)(h) (the provision of health care or treatment, subject to the conditions and safeguards of Article 9(3)), or Article 9(2)(a) (explicit consent). The Subscriber shall notify Aradyne without undue delay if either ceases to apply. Aradyne gives no assurance as to the Subscriber’s lawful basis.

A6. Subscriber Obligations.

The Subscriber shall: (i) be lawfully entitled to provide the health care in connection with which it processes Clinical Data, and ensure that every User who accesses Clinical Data is subject to an obligation of professional secrecy or an equivalent obligation of confidentiality; (ii) provide its patients with the information required by Articles 13 and 14 of the GDPR, including that Aradyne processes their Clinical Data as the Subscriber’s processor; (iii) submit only the categories of Clinical Data declared in the Details of Processing, and use the Clinical Layer only for the purposes declared there; (iv) administer its Users’ access to Clinical Data, including prompt provisioning and removal of access, no shared credentials, and the protection of any paired device or personal PIN; (v) carry out any data protection impact assessment required of it under Article 35 of the GDPR — Aradyne will assist in accordance with Section 4.4 of the DPA, but Aradyne’s assistance is not the Subscriber’s assessment; (vi) respond, as controller, to its patients’ requests to exercise their rights under the GDPR; (vii) where it relies on consent, obtain and record that consent and give effect to its withdrawal, in accordance with the GDPR; and (viii) retain its clinical records for the periods required by the law and professional rules applicable to it, and export its Clinical Data in accordance with Section B8 before this Schedule or the Agreement ends.

A7. Scope Limited to Clinical Data.

This Schedule excepts Clinical Data only. All data within limbs (i) and (iv) of Section 6.9 of the Agreement other than Clinical Data, including data subject to HIPAA, and all data within limbs (ii), (iii), and (v), including payment card data and government-issued identification numbers, remain Prohibited Input Data for every Subscriber, including a Subscriber that has executed this Schedule.

A8. AI Assistant.

The Subscriber shall not submit Clinical Data to the AI Assistant, and shall not instruct the AI Assistant to retrieve, analyse, or act on Clinical Data. Aradyne’s corresponding technical measure is set out in Section B5(d).

A9. Suspension and Termination.

Aradyne may suspend the Clinical Layer for a Tenant — during which the Subscriber shall not create or modify Clinical Data, Aradyne may technically prevent it from doing so, and no Clinical Data is deleted — where the Subscriber is in breach of Section A5, A6(i), A6(iii), or A7, or where required by law or by a supervisory authority. Either Party may terminate this Schedule on thirty (30) days’ written notice without terminating the Agreement. On termination of this Schedule, Section B8 applies to the Subscriber’s Clinical Data; Aradyne will suspend the Clinical Layer for the export period provided in Section B8 and disable it at the end of that period; and Section 6.9 of the Agreement applies in full to any data the Subscriber submits after termination.

A10. Fees.

Any fees for the Clinical Layer are as stated in the Order Form. No fee is payable under this Schedule unless so stated.

PART B — PROCESSING OF CLINICAL DATA (Article 28 GDPR)

Part B supplements the DPA for Clinical Data. The DPA applies to Clinical Data except as modified by Part B. In the event of a conflict concerning Clinical Data, Part B prevails over the DPA and over the body of the Agreement, as provided in Section 14.9 of the Agreement and Section 2.3 of the DPA.

B1. Roles and Documented Instructions.

The Subscriber is the controller and Aradyne is the processor of Clinical Data. Aradyne processes Clinical Data only on the Subscriber’s documented instructions, which consist of the Agreement, this Schedule, the Details of Processing, and the Subscriber’s use of the functions of the Service, including with regard to any transfer of Clinical Data. Aradyne shall immediately inform the Subscriber if, in its opinion, an instruction infringes the GDPR or other Union or Member State data-protection law.

B2. Purpose Limitation.

Aradyne shall process Clinical Data solely to (a) provide the Service to the Subscriber; (b) prevent or address a technical or security problem, where less intrusive means are inadequate and subject to Section B5(c); and (c) comply with Union or Member State law to which Aradyne is subject, in which case Aradyne shall inform the Subscriber of that legal requirement before processing, unless that law prohibits such information. Notwithstanding Section 2.2(c) of the DPA and Section 7.5 of the Agreement, Aradyne shall not use Clinical Data to verify, improve, develop, or benchmark the Service; shall not include Clinical Data in any aggregated, de-identified, anonymised, or statistical dataset; shall not use Clinical Data to train, fine-tune, or evaluate any machine-learning model; and shall not process Clinical Data for marketing, profiling, or automated decision-making.

B3. Confidentiality.

Aradyne shall ensure that each person it authorises to process Clinical Data has committed themselves to confidentiality by a written undertaking that expressly extends to data concerning health and survives the end of their engagement, or is under an appropriate statutory obligation of confidentiality.

B4. Sub-processors and Location of Processing.

The general written authorisation in Section 5.1 of the DPA does not apply to Clinical Data. Before enabling the Clinical Layer, Aradyne shall identify to the Subscriber in writing, as part of the Details of Processing, each Sub-processor that will process the Subscriber’s Clinical Data and its processing location. Aradyne shall engage no other Sub-processor to process Clinical Data without the Subscriber’s prior specific written authorisation. Aradyne shall impose on each such Sub-processor, by written contract, data-protection obligations no less protective than those in this Part B, and remains fully liable to the Subscriber for the performance of those obligations. Clinical Data, including backup copies, shall be stored and processed within the European Economic Area (EEA) unless a different location is identified in the Details of Processing before execution and the transfer is made under a mechanism provided by Chapter V of the GDPR that the Subscriber has agreed in writing. Aradyne shall not enable the Clinical Layer until it has confirmed in writing, as part of the Details of Processing, the storage location of the Subscriber’s Clinical Data and of its backup copies.

B5. Security of Processing.

Aradyne implements, for Clinical Data, the technical and organisational measures described in Annex 2 of the DPA, and in addition: (a) the Clinical Layer is enabled per Tenant, and a Tenant for which it has not been enabled does not accept clinical imaging and scan file formats; (b) exports and erasures of a patient’s Clinical Data are recorded in the Tenant’s audit trail, and those records identify the action and its scope without reproducing the Clinical Data itself; (c) Aradyne personnel shall access Clinical Data only where necessary under Section B2(b) or B2(c), by named individuals, and Aradyne shall record each such access and notify it to the Subscriber; and (d) Aradyne shall not enable the Clinical Layer for a Tenant unless, for that Tenant, (i) the AI Assistant is technically prevented from retrieving Clinical Data, (ii) access to Clinical Data within the Service is limited to the User roles that the Subscriber designates for clinical records, and (iii) each access to Clinical Data by Aradyne personnel is recorded.

B6. Data Subject Rights.

Taking into account the nature of the processing, Aradyne assists the Subscriber by appropriate technical and organisational measures in responding to its patients’ requests to exercise their rights under Chapter III of the GDPR, including through functions of the Service that export a patient’s clinical record and that permanently erase it, including uploaded files, and otherwise in accordance with Section 4.3 of the DPA. Aradyne shall not respond to a patient’s request itself, other than to refer the patient to the Subscriber.

B7. Assistance with the Subscriber’s Obligations.

Taking into account the nature of the processing and the information available to it, Aradyne assists the Subscriber in ensuring compliance with its obligations under Articles 32 to 36 of the GDPR, including any data protection impact assessment and prior consultation with a supervisory authority, in accordance with Section 4.4 of the DPA.

B8. Retention, Return, and Deletion.

Aradyne shall retain Clinical Data for the duration of this Schedule and shall not delete it except on the Subscriber’s instruction (including the Subscriber’s use of the erasure functions of the Service) or as this Section B8 provides. The Subscriber is responsible for retaining its clinical records for the periods required by the law and professional rules applicable to it; the Service is not a records archive of last resort. On termination of this Schedule alone, the Subscriber shall export its Clinical Data within thirty (30) days after termination takes effect, during which the Clinical Layer is suspended as described in Section A9 and this Schedule continues to govern that data. On termination of the Agreement, the Subscriber shall export its Clinical Data before the later of the end of the frozen period described in Section 9.3 of the Agreement and the end of any retrieval period under the Cloud Switching & Exit Schedule. At the end of the applicable period, Aradyne shall delete the Subscriber’s Clinical Data and existing copies, unless Union or Member State law requires Aradyne to store it; backup copies are deleted in the ordinary course of the backup cycle and remain subject to this Schedule until deleted. The Subscriber may instruct earlier deletion at any time. Section 11 of the DPA applies to Clinical Data subject to this Section B8.

B9. Data Breaches.

Section 8 of the DPA applies to any Data Breach affecting Clinical Data.

B10. Information and Audit.

Aradyne shall make available to the Subscriber all information necessary to demonstrate compliance with Article 28 of the GDPR and this Part B, and shall allow for and contribute to audits, including inspections, conducted by the Subscriber or an auditor mandated by it, in accordance with Section 4.6 of the DPA.

B11. Details of Processing (Article 28(3) GDPR).

Parameter	Description
Subject Matter	Processing of the Subscriber’s Clinical Data in the provision of the Clinical Layer.
Duration	The term of this Schedule, and thereafter until deletion in accordance with Section B8.
Nature of Processing	Storage, structuring, retrieval, display to the Subscriber’s authorised Users, transmission on the Subscriber’s instruction, export, and erasure.
Purpose	The purposes in Section B2, and no other.
Categories of Data Subjects	The Subscriber’s patients and, where applicable, their parents or guardians.
Types of Personal Data	The categories of Clinical Data declared by the Subscriber on execution, together with the identification and contact details needed to associate that data with the patient.
Special Categories of Personal Data	Data concerning health. Genetic data and biometric data are excluded unless expressly declared by the Subscriber on execution and accepted by Aradyne.
Lawful Basis and Article 9(2) Condition	Declared by the Subscriber on execution, in accordance with Section A5.
Minors	The Subscriber states on execution whether it treats minors. The Subscriber is responsible for any parental or guardian authorisation required by the law applicable to it.
Retention	As provided in Section B8. Statutory and professional retention obligations applicable to the Subscriber’s clinical records are the Subscriber’s.
Sub-processors and Locations	Identified to the Subscriber in writing before the Clinical Layer is enabled, in accordance with Section B4.

EXECUTION

A Subscriber that provides health care and wishes to submit Clinical Data should contact Aradyne at legal@aradyneltd.com. This Schedule has no effect for any Subscriber before 1 November 2026, and thereafter has effect for a Subscriber only from its execution under Section A3 and only for the Tenant or Tenants for which Aradyne has enabled the Clinical Layer under Section A4.