Schedule D — Data Processing Agreement

Version: v1.3
Effective Date: 11 August 2026
Incorporated into: Capafy Publisher Agreement

This Schedule D forms part of the Publisher Agreement between CAPAFY PTE. LTD. (UEN: 202619379G) ("we", "us", "Capafy", or the "Platform") and the Publisher ("you" or the "Publisher"). It governs the parties' data-protection arrangements for Personal Data processed in connection with cloud-hosted Agents.

Section D.1 sets out how the parties' data-protection roles are allocated for each category of data and processing activity covered by this Schedule. Where Capafy acts as a processor or sub-processor, the processor provisions of this Schedule are intended to address the applicable requirements of GDPR Article 28(3) and analogous applicable laws.

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Table of Contents

• D.1 Scope and Applicability
• D.2 Definitions
• D.3 Instructions and Processor Partner Obligations
• D.4 Processing Purposes and Limitations
• D.5 Confidentiality and Access Controls
• D.6 Data Retention and Deletion
• D.7 Technical and Organizational Security Measures
• D.8 Data Protection Impact Assessments
• D.9 Data Subject Rights Assistance
• D.10 Sub-Processors
• D.11 Cross-Border Data Transfers
• D.12 Term, Termination, and Data Deletion
• D.13 Liability
• D.14 GDPR Article 28(3) Compliance
• D.15 General
• Appendix D-1 — Subject Matter and Details of Data Processing
• Appendix D-2 — Additional Terms for European Data Protection Law

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D.1 Scope and Applicability

This Schedule applies to Subscription and Hourly cloud-hosted access, and to a security review only to the extent the review processes Personal Data. It does not apply to post-delivery use of a Download Skill Package, except for Capafy's own account, payment, security, compliance and Platform Operational Data.

The same Personal Data may be processed for more than one distinct purpose. The parties' roles are determined separately for each processing activity set out below.

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D.2 Definitions

Agent Files — the complete set of files, prompts, scripts, and configurations you submit to us for cloud-hosted execution.

Real-Time Agent Execution Data — User–Agent interaction content processed transiently by Capafy solely to route a request, execute the Publisher's Agent, and return the resulting output. It excludes copies or records retained by Capafy as Execution Logs or Platform Operational Data for Capafy's independent-controller purposes under Section D.1.

Credential Proxy — our mechanism for injecting your hosted API credentials into Agent requests at runtime. Credentials are stored in encrypted form; no person, including our engineers, has access to the plaintext value. The Credential Proxy applies only to credentials you register through the Publisher Console as hosted credentials. Credentials embedded directly in your Agent Files — including credentials written to environment variable declarations, configuration files, prompt templates, or any other component of the Skill Package — are not managed, stored, or protected by us and fall entirely outside the scope of this mechanism.

Execution Logs — structured records of Agent execution activity and User–Agent conversation content retained by Capafy for the independent-controller purposes stated in Section D.1, including dispute resolution and audit. Execution Logs are indexed by session, retained for 90 days following instance cleanup unless a longer retention period is required by applicable law, and are not made available to Publishers through the Publisher Console or any routine data channel.

Instructions — your directives to us regarding the processing of personal data under this Schedule, including the configuration and operation of the Platform as described in the Publisher Agreement, and any additional written instructions you provide.

Processor Partner — a Publisher who is itself a data processor acting on behalf of an upstream data controller.

Publisher-Selected External Service — an external LLM provider, API, database, search provider or other service selected or configured by the Publisher for use with an Agent.

Review Sandbox — an isolated test environment used by our review team to evaluate Agent behavior during the security review process. The Review Sandbox is designed so that our reviewers observe Agent behavior without being able to access your original Agent Files.

Security Incident — any event involving unauthorized access to, disclosure of, alteration of, or destruction of personal data.

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D.3 Instructions and Processor Partner Obligations

This Section applies only to Agent Files and Real-Time Agent Execution Data described in Section D.1, where Capafy acts as a processor or sub-processor. Capafy will process that Personal Data only on the Publisher's documented Instructions, unless applicable law requires otherwise. The Publisher's Instructions are set out in this Schedule, the Publisher Agreement, the Publisher's configured Agent and any further written Instructions consistent with those documents.

If Capafy reasonably believes an Instruction would violate applicable Data Protection Laws, or applicable law prevents Capafy from following it, Capafy will notify the Publisher promptly and suspend the affected processor processing until the issue is resolved. Capafy is not in breach of this Schedule for declining an Instruction it reasonably believes to be unlawful.

If the Publisher is a Processor Partner, the Publisher warrants that the relevant upstream controller has authorised the processing described in this Schedule and the appointment of Capafy as sub-processor for the applicable processing category. The Publisher must forward to that controller any notice that applicable law requires the controller to receive.

For Execution Logs, Platform Operational Data, account, checkout, payment, settlement, security and other independent-controller processing described in Section D.1, Capafy acts under its Privacy Policy and applicable law, not under Publisher Instructions.

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D.4 Processing Purposes and Limitations

Processor processing. For Agent Files and Real-Time Agent Execution Data only, Capafy processes Personal Data solely to:

• host and execute the Publisher's Agent and deliver its output to the relevant User;
• create, maintain and terminate the session needed to execute that Agent;
• route requests and responses through Capafy's proxy or relay infrastructure;
• inject Publisher-hosted API credentials through the Credential Proxy; and
• provide the security measures necessary to protect that processor processing.

Independent-controller processing. Capafy processes Execution Logs, Platform Operational Data and the other independent-controller categories in Section D.1 for Platform security and integrity, fraud and abuse prevention, security review, dispute resolution, audit, billing and settlement support, legal compliance and the retention periods stated in this Schedule, the Publisher Agreement and the Privacy Policy.

Message security. Capafy may screen incoming messages for security threats and filter outgoing Agent output for credential leakage. Where a credential is detected, Capafy may replace it with a redaction marker and will notify the Publisher.

Capafy will not:

• use Agent Files, including prompts, logic and configurations, to train an AI model or machine-learning system;
• copy or adapt the Agent's functional logic to build a competing product or service;
• provide Agent Files to an unauthorised third party;
• contact Users to circumvent the Publisher and establish an independent commercial relationship; or
• permit access to raw User conversation data outside Capafy's authorised dispute, audit, security or legal-compliance processes.

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D.5 Confidentiality and Access Controls

We ensure that all personnel with access to your Agent Files or User interaction data are bound by appropriate confidentiality obligations.

• Access to Agent code and content is subject to strict least-privilege controls
• Our review team evaluates Agent behavior through the Review Sandbox, which is designed to prevent access to your original Agent Files
• Access to raw User conversation data by our technical personnel requires dual approval and is limited to Capafy's authorised dispute, audit, security and legal-compliance processes
• Your API credentials are stored in encrypted form, isolated from our general business systems, and are inaccessible in plaintext to any person

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D.6 Data Retention and Deletion

Retention periods:

Publisher-initiated deletion:

• You may remove or replace hosted API credentials at any time via the Publisher Console; replacements take effect at the next container start and deletions take effect immediately.
• Delisting an Agent removes it from the marketplace and prevents new sessions; it does not delete Agent Files held for active or pending sessions.
• To request permanent deletion of your Agent Files upon deregistration, contact [email protected].

Data subject deletion requests:

Data subject deletion requests concerning Execution Logs, Platform Operational Data, account data, payment data or other Capafy independent-controller processing are handled by Capafy under its Privacy Policy and applicable law. Capafy is not required to disclose the User's Capafy account email address, personal profile, or raw User conversation logs to the Publisher, except where disclosure is required by applicable law.

Where a request concerns Agent Files or Real-Time Agent Execution Data for which Capafy acts as processor or sub-processor, Capafy will provide reasonable assistance under Section D.9. Capafy may request limited factual input from the Publisher where reasonably necessary, but will provide only the minimum information necessary and will not provide raw Execution Logs through the Publisher Console or another routine channel.

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D.7 Technical and Organizational Security Measures

Our security measures:

Storage security:

• Agent Files, Execution Logs, and API credentials are encrypted at rest
• API credentials are stored in a dedicated, isolated secrets store; no plaintext access is available to any person, including our engineers
• Access between different Publishers' Agent Files is strictly segregated; access between different Users' session data is strictly segregated
• Production data access by personnel requires dual approval

Execution environment security:

• Each User session runs in an isolated environment; data from one User's session is not accessible to another User
• Sessions used for security review and internal testing are fully isolated from commercial User sessions; they do not generate orders or revenue records
• Outbound network access from Agent environments is controlled; the Credential Proxy injects API credentials only for requests to the API URLs declared in your Agent

Message security pipeline:

• All User messages pass through a security screening layer before reaching your Agent
• All Agent output passes through a security filter before being delivered to the User; output containing detected credential formats is redacted
• These security layers operate outside the Agent execution environment and cannot be circumvented by Agent code

Transmission security:

• All data in transit is encrypted using current industry-standard transport security protocols

Ongoing security:

• We conduct continuous internal security testing of our infrastructure and code, and will engage independent third-party penetration testing as our scale and risk profile warrant
• We run continuous automated vulnerability scanning across our infrastructure and code, and conduct Skill-level static and behavioral analysis of Agent Files prior to and during listing
• We maintain, or work towards maintaining, an industry-recognized security certification (such as ISO 27001 or an equivalent standard); details are available upon written request
• Where we detect malicious code in an Agent, we immediately delist the Agent, notify affected Users, and publish a security notice

Your security responsibilities:

You are responsible for:

• Using the Platform in a secure manner and in accordance with the Publisher Agreement
• Maintaining the security and confidentiality of your Publisher Console credentials
• Configuring Agent security settings appropriately for your use case
• Any personal data stored or processed on systems outside the Platform, including your own servers or third-party services called by your Agent
• Ensuring that any credentials required by your Agent are registered through the Publisher Console as hosted credentials. If you embed credentials — including API keys, tokens, or secrets — directly in your Agent Files (for example, in environment variable declarations, configuration files, or prompt templates), those credentials are not within our control or protection. We bear no liability for any exposure, leakage, or misuse of credentials embedded in this manner

You acknowledge that our security measures, taking into account the nature of the services and the state of the art, provide an appropriate level of protection for the personal data processed under this Schedule.

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D.8 Data Protection Impact Assessments

Where you are required under applicable data protection law (including GDPR Article 35) to conduct a Data Protection Impact Assessment in connection with your use of the Platform, we will assist you by providing, upon written request:

• a description of our data processing activities and security measures relevant to the assessment
• information about our sub-processors and data transfer mechanisms
• relevant excerpts from our security documentation

We will respond to such requests within a reasonable time.

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D.9 Data Subject Rights Assistance

This Section applies only where Capafy acts as a processor or sub-processor for Agent Files or Real-Time Agent Execution Data under Section D.1. Taking into account the nature of that processor processing, Capafy will provide reasonable assistance to the Publisher in responding to a valid data-subject request to the extent required by applicable Data Protection Laws.

For requests concerning Execution Logs, Platform Operational Data, account data, payment data or other Capafy independent-controller processing, Capafy responds in its own role under its Privacy Policy and applicable law. The Publisher is not entitled to receive raw Execution Logs, User conversation content, the User's Capafy account email address or the User's personal profile in connection with such a request, except where applicable law requires disclosure.

For processor processing, Capafy may provide appropriate status information, execute a documented rectification, restriction or deletion instruction where legally required, and assist with a response by a secure case-specific process. This does not require Capafy to make raw Execution Logs available to the Publisher.

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D.10 Service Providers and Sub-Processors

For Agent Files and Real-Time Agent Execution Data processed by Capafy as processor or sub-processor, Capafy may use the following sub-processors, subject to the notification and objection process in this Section:

Capafy may appoint a new sub-processor for that processor or sub-processor processing by giving at least 30 days' prior written notice of a material change. The Publisher may make a reasoned written objection within 14 days after notice. If Capafy cannot reasonably resolve the objection, the Publisher may terminate the affected processor processing on 30 days' written notice without penalty.

For Execution Logs, Platform Operational Data and other data Capafy processes as independent controller, Capafy may use service providers acting on Capafy's behalf. Those service providers are Capafy's processors, not the Publisher's sub-processors, and are governed by Capafy's Privacy Policy and applicable law.

Publisher-Selected External Services. A Publisher-Selected External Service is not a Capafy sub-processor solely because Capafy routes interaction content to it through the proxy or relay infrastructure. The Publisher is responsible for selecting, configuring and contracting with that service, determining the applicable data-protection role, and making the data-flow disclosures required by the Publisher Agreement. This does not limit Capafy's responsibility for a processor or sub-processor that Capafy independently engages for its own processing activities.

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D.11 Cross-Border Data Transfers

Where we transfer personal data outside the jurisdiction in which it was collected, we rely on the following mechanisms:

Any SCCs, UK IDTA or UK Addendum, or Swiss modifications incorporated by this Schedule apply only to the transfers and role arrangements expressly described in Section D-2.4.

If you conclude that a transfer mechanism we rely on no longer provides adequate protection, you may notify us in writing. We will work with you in good faith to identify an alternative mechanism. If no adequate mechanism can be agreed within 30 days, you may terminate this Schedule for convenience without penalty.

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D.12 Term, Termination, and Data Deletion

Term. This Schedule takes effect and applies as described in Section D.15. It remains in force until the Publisher has deregistered as a Publisher or the Publisher account has been terminated.

Data deletion on termination:

At the end of the applicable processor or sub-processor processing, Agent Files are deleted within 30 days after the end of any transition period permitted under Sections 5.5 and 15.4 of the Publisher Agreement, or within 30 days of termination where no transition period applies, in each case subject to applicable law, legal holds and ordinary backup rotation.

At the Publisher's written request made before deletion, Capafy will return the remaining Personal Data processed solely as processor or sub-processor in a commonly used format and then delete its remaining processor copies, unless applicable law requires retention.

Data retained after termination:

Continuing obligations:

Our confidentiality obligations with respect to your Agent Files survive termination of this Schedule indefinitely. Our prohibition on using your Agent Files or derived information for competitive purposes is permanent.

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D.13 Liability

The limitations of liability in Section 11 of the Publisher Agreement apply to claims arising under or in connection with this Schedule, except to the extent liability cannot be excluded or limited under applicable law.

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D.14 GDPR Article 28(3) Compliance

For Agent Files and Real-Time Agent Execution Data only, where Capafy acts as a processor or sub-processor under Section D.1, this Schedule is intended to address the applicable requirements of GDPR Article 28(3). It does not characterise Capafy's independent-controller processing as processor processing:

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D.15 General

Amendments to this Schedule. We may amend this Schedule:

• to comply with a change in applicable data protection law or a binding decision of a competent supervisory authority;
• to reflect changes to sub-processors notified under §D.10; or
• for non-material administrative changes that do not reduce your rights or expand our processing activities.

For material amendments, we will give notice in accordance with PA §14. Standard Contractual Clauses incorporated into this Schedule may only be modified as expressly permitted under the applicable SCC framework; nothing in this Schedule overrides or modifies any SCC provision.

Order of precedence. If there is a conflict between this Schedule and the body of the Publisher Agreement on a matter of data processing, this Schedule prevails. If Standard Contractual Clauses apply, they prevail over the remainder of this Schedule to the extent of any conflict.

Governing law and disputes. This Schedule is governed by the law of Singapore. Disputes arising under this Schedule are resolved in accordance with the dispute resolution provisions of the Publisher Agreement.

Language. English is the sole authoritative language of this Schedule. Any translation is provided for reference only.

Acceptance. This Schedule takes effect when the Publisher Agreement is accepted under Sections 2.2 or 2.3 of that Agreement. The processor provisions in Sections D.3 to D.10 apply only from the time Capafy begins processing Agent Files or Real-Time Agent Execution Data as a processor or sub-processor under Section D.1.

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Appendix D-1 — Subject Matter and Details of Data Processing

This Appendix satisfies the description requirements of GDPR Article 28(3)(a).

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Appendix D-2 — Additional Terms for European Data Protection Law

D-2.1 Application

This Appendix applies where European Data Protection Law governs processor or sub-processor processing of Agent Files and Real-Time Agent Execution Data under Section D.1. "European Data Protection Law" means, as applicable: the EU General Data Protection Regulation (GDPR 2016/679); the UK GDPR and Data Protection Act 2018; and the Swiss Federal Act on Data Protection (FADP).

Where this Appendix conflicts with the remainder of this Schedule on a matter governed by European Data Protection Law, this Appendix prevails. Where Standard Contractual Clauses apply under §D-2.4, the SCCs prevail over the remainder of this Appendix and this Schedule to the extent of any conflict.

D-2.2 Additional Definitions

Adequate Country — a country, territory, or sector recognised under applicable European Data Protection Law as providing an adequate level of protection for personal data (including, for EU GDPR purposes, countries listed in a European Commission adequacy decision).

EEA — the European Economic Area.

SCCs — the Standard Contractual Clauses for the transfer of personal data to third countries pursuant to the EU GDPR, adopted by the European Commission by Decision 2021/914 of 4 June 2021, in the module applicable to the transfer as set out in §D-2.4.

UK IDTA — the International Data Transfer Agreement issued by the UK Information Commissioner's Office, as amended from time to time.

Supervisory Authority — the competent data protection supervisory authority under applicable European Data Protection Law.

D-2.3 Processor Partner (European Context)

Where you are a Processor Partner under §D.3 and European Data Protection Law applies, you must additionally:

• ensure that the upstream data controller has been informed of and has authorised the sub-processing described in this Schedule, as required by GDPR Article 28(2); and
• forward to the relevant data controller, promptly and without undue delay, any notice we provide to you under this Appendix that the controller is entitled to receive under applicable law.

D-2.4 Transfers of Personal Data Outside the EEA, UK, or Switzerland

This Section applies only where Personal Data in the Agent Files or Real-Time Agent Execution Data category is transferred from the EEA, UK or Switzerland to Capafy in Singapore and Capafy acts as a processor or sub-processor under Section D.1.

The EU Standard Contractual Clauses adopted by Commission Implementing Decision (EU) 2021/914 are incorporated into this Schedule for those transfers as follows:

Where Capafy collects or retains Execution Logs, Platform Operational Data, account, checkout, payment or settlement data as independent controller, this Section does not purport to apply Module Two or Module Three to that independent-controller processing. Any separate controller-to-controller transfer, if one occurs, must be assessed and documented under the transfer mechanism applicable to that specific transfer.

For UK transfers within the scope of this Section, the UK IDTA or a valid UK Addendum to the EU SCCs applies, completed using the information in Appendix D-1, Section D.7 and Section D.10. For Swiss transfers within the scope of this Section, the SCCs apply with the modifications required by Swiss law and applicable guidance.

D-2.5 Instruction Notifications (European Context)

We will notify you without undue delay if, in our assessment, an Instruction you have given us would violate European Data Protection Law. We will suspend the affected processing pending your clarification or a revised Instruction. This obligation is without prejudice to our general instruction notification obligations under §D.3.

D-2.6 Data Subject Rights (European Context)

Taking into account the nature of the processing, we will assist you in responding to data subject requests under European Data Protection Law by the means described in §D.9. Where a data subject submits a request directly to us, Capafy will acknowledge receipt and verify identity where practicable. Capafy will determine and handle requests concerning its independent-controller processing under its Privacy Policy and applicable law. For processor or sub-processor processing within the scope of this Appendix, Capafy will provide assistance as described in Section D.9 and, where appropriate, may refer the data subject to the Publisher or request limited information from the Publisher. Capafy is not required to disclose the data subject's Capafy account email address, personal profile, or raw User conversation logs to the Publisher except where required by applicable law.

D-2.7 Security Incident Notification (European Context)

Where a Security Incident involves personal data protected by European Data Protection Law:

• we will notify you without undue delay and in any case in sufficient time to allow you to meet your notification obligations under GDPR Article 33 (72 hours from your awareness of a personal data breach);
• our notification will include, to the extent available at the time: the nature of the incident; the categories and approximate number of data subjects and records affected; likely consequences; and measures taken or proposed to address the incident;
• we will cooperate with you and provide all further information reasonably requested to assist you in notifying the relevant Supervisory Authority and, where required, affected data subjects.

D-2.8 Compliance Information (European Context)

Where European Data Protection Law applies, we will make available to you, upon written request, documentation reasonably necessary to demonstrate compliance with our obligations under GDPR Article 28. We satisfy this obligation primarily through written documentation — including descriptions of our data processing activities, the security measures described in §D.7, and any existing independent security assessment or certification we hold. You agree to treat any documentation provided as confidential.

D-2.9 Sub-Processors (European Context)

Where European Data Protection Law applies, we ensure that each sub-processor is bound by a written contract imposing data protection obligations equivalent to those in this Schedule, as required by GDPR Article 28(4). We remain liable to you for the performance of sub-processors to the extent set out in §D.10.

D-2.10 Processing Records (European Context)

We maintain records of processing activities carried out on your behalf as required by GDPR Article 30(2) and make them available to the competent Supervisory Authority upon request. We may ask you to confirm or update the processing information you have provided to us where this is necessary to keep our records accurate.

D-2.11 No Modification of SCCs

Nothing in this Schedule (including this Appendix) modifies the SCCs or the UK IDTA, or prejudices the rights of data subjects under European Data Protection Law. In the event of a conflict between the SCCs or the UK IDTA and any other term of this Schedule, the SCCs or UK IDTA (as applicable) prevail.

D-2.12 Updates to SCCs

We may update the SCC module or version incorporated under §D-2.4 where a new or replacement version is adopted by the relevant authority, provided that the updated version does not materially reduce the level of protection afforded to data subjects. We will give you reasonable notice of any such update.

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This Schedule is issued by CAPAFY PTE. LTD. (UEN: 202619379G)
Registered address: 60 PAYA LEBAR ROAD, #11-47, PAYA LEBAR SQUARE, SINGAPORE 409051