Certain identified confidential information has been redacted from this exhibit because both (i) it is customarily and actually treated as private or confidential and (ii) it is not material.
Confidential portions of this Exhibit are designated by [*****].
FIRST AMENDMENT TO THE AGREEMENT FOR ACCREDITOR’S PARTICIPATION IN ELO PAYMENT ARRANGEMENTS
SUMMARY
The following parties (individually referred to as Party, and jointly as Parties) have decided to execute this Amendment:
Address: Avenida Brigadeiro Faria Lima, 1.384, 4º andar (Parte A), São Paulo, SP, Postal Code: 01451-001
CNPJ/MF: 08.561.701/0001-01
(i)ELO SERVIÇOS and the PARTICIPANT have executed on 02.13.2019, the AGREEMENT FOR ACCREDITOR’S PARTICIPATION IN ELO PAYMENT ARRANGEMENTS (“Instrument”), setting forth the rights and obligations of each Party, as specified therein;
(ii)Law 13,709/2018, the General Data Protection Law, provides for the handling of personal data, including in electronic means, by individual and private or public legal entities, with the purpose of protecting fundamental freedom and privacy rights and free personal development of the individual; and
(iii)the Parties hereby undertake to the terms and conditions established in this amendment in relation to data protection and privacy, specially concerning the performance of the Instrument.
Thus, the Parties have decided to enter into this Amendment to the Instrument (“Amendment”), subject to the following clauses and conditions:
SECTION ONE - DATA PROTECTION AND PRIVACY
1.1. The Parties hereby undertake to comply with all applicable laws on data protection and privacy, including (at all times and as applicable) the Brazilian Federal Constitution, the Brazilian Consumer Protection Code, the Brazilian Civil Code, the Brazilian Civil Rights Framework for the Internet (Federal Law No. 12,965/2014), its regulatory decree (Decree No. 8,771/2016), the General Data Protection Law (Federal Law No. 13,709/2018), and other associated or general rules on the subject matter.
SECTION TWO – GENERAL PROVISIONS
2.1. The Parties represent to have analyzed all terms, clauses and conditions hereof, and acknowledge such terms, clauses and conditions pursuant to the applicable laws, under all aspects.
2.2. The Parties hereby acknowledge and agree that this Amendment may be electronically signed upon electronic signature submitted through tool and/or system appointed by ELO SERVICES at the time. The Parties’ electronic signatures shall be considered as an original signature for all legal intents and purposes.
2.3. This Amendment binds the Parties and their successors, at any title, on an irrevocable and irreversible basis for all legal intents and purposes.
2.4. All other terms and conditions of the Instrument herein amended shall remain the same and are hereby ratified, provided that they have not been expressly changed by this Amendment.
IN WITNESS WHEREOF, the Parties have executed this Amendment in two (2) counterparts, same in form and content, in the presence of two (2) undersigned witnesses.
