International Addendum

Part A. Terms that apply in every Covered Country

A1. Who this applies to. This Addendum forms part of the TCM Terms and Conditions (the "Terms") and the TCM Mutual Nondisclosure Agreement (the "Mutual NDA") for any User established in a country or region listed in Part B (a "Covered Country"), from the date that Covered Country appears on the list of Supported Countries at thecosmeticmanufacturer.com/legal/countries. Capitalized terms have the meaning given in the Terms. "Local Law" means the law of the Covered Country in which the User is established. Where this Addendum and the Terms or the Mutual NDA conflict, this Addendum controls, for that User only.

A2. Mandatory law comes first. The Terms and the Mutual NDA are governed by the law of the State of Oregon. That choice does not deprive a User of the protection of any provision of Local Law that cannot be excluded or limited by contract. Section 14.8 of the Terms applies throughout.

A3. Personal data.

A3.1 Who is responsible. XYM Health LLC, doing business as The Cosmetic Manufacturer, PO Box 19667, Portland, Oregon 97280-0667, United States, is responsible for the personal data it processes to operate the Platform, as a controller, organization, agency or personal information controller, as Local Law describes it. Privacy questions and requests go to support@thecosmeticmanufacturer.com.

A3.2 What we process and why. We process the business contact details of Users and their personnel (name, title, business email, phone, company); account and security data; the acceptance record described in Section 17.11 of the Terms (including IP address); Briefs, messages and documents Users submit; and business contact details of a Manufacturer's personnel that appear in Public Data. We process it to create and secure accounts, to make and record agreements, to operate matching and Introductions, to share information with the counterparty a User directs under Section 7.2 of the Terms, to administer fees, to respond to correction requests, to comply with law, and to establish or defend legal claims. We do not sell personal data, do not use it for cross context behavioral advertising, and do not use it to train models made available outside TCM.

A3.3 Transfer to the United States. Personal data is transferred to and stored in the United States, and may be processed by the service providers listed at thecosmeticmanufacturer.com/legal/subprocessors. We protect those transfers using the safeguard Local Law recognizes, as described in Part B and in our Privacy Policy.

A3.4 Retention. We keep account data for as long as the account is open. We keep acceptance records, Introduction records and records needed to administer fees for the longer of seven (7) years after account closure or the end of the last applicable Revenue Term, and otherwise for as long as Local Law requires. We keep other personal data only as long as the purpose for which we collected it requires.

A3.5 Your rights. You may ask to access, correct, delete or receive a copy of your personal data, object to or restrict its processing, and withdraw any consent, as Local Law provides. Withdrawing a consent that the Platform needs in order to operate (for example, consent to share a Brief with a counterparty) means we cannot provide that function. You may complain to the privacy regulator named in Part B.

A3.6 Security incidents. Where Local Law requires us to notify a regulator or affected individuals of a data breach, we will do so within the time Local Law sets, in addition to our commitments in Section 10.5 of the Mutual NDA.

A4. Commercial electronic messages. We send commercial emails and messages to a User's personnel, including invitations to claim a Profile, only where Local Law permits, identify ourselves in each message, include a working unsubscribe mechanism, and honor an unsubscribe request within the period Local Law sets. Operational messages about an account, a Brief, an Introduction or an invoice are not commercial messages.

A5. Changes to the Terms. For a User established in a Covered Country, Section 17.1 of the Terms applies with these changes:

(a) we will change the Terms, the Mutual NDA or this Addendum only where the change is reasonably necessary to protect our legitimate interests, to reflect a change in law or in how the Platform works, or to add features, and not to shift commercial risk to the User;

(b) we will give at least thirty (30) days notice of a material change, by email and in the Platform, explaining what changed;

(c) if the User does not accept a material change, it may close its account before the change takes effect without charge, and any unused portion of a prepaid Access Subscription will be refunded pro rata; and

(d) a change never alters a fee rate, Attribution Term or Revenue Term that already applies, as Section 8.3.5 of the Terms provides.

A6. Estimated invoices. Section 8.8.3 of the Terms applies with this change: an estimated invoice will state how it was calculated; silence does not make it final; and a User may, at any time within ninety (90) days after the invoice date, deliver actual figures and have the invoice adjusted to them, with any overpayment credited or refunded.

A7. Renewal reminders. For an Access Subscription, we will send a renewal reminder at least sixty (60) days and again at least thirty (30) days before the end of each Subscription Period, stating the renewal price and how to give notice of nonrenewal.

A8. Termination for convenience is mutual. Either party may end the relationship on thirty (30) days notice for convenience. If we do so during a paid Subscription Period, Section 12.4 of the Terms applies. If the User does so, no unpaid instalment for a later quarter falls due, and Section 12.4 applies to accrued and accruing fees.

A9. Reciprocal limitation. Where Section 14.2 of the Terms limits our liability, the User's liability to us is limited to the same amount, except for: fees, interest and costs of collection under Section 8; breach of the Mutual NDA; breach of Section 10.4; and the User's indemnity under Section 15.1.

A10. Disputes. Arbitration under Section 16.3 of the Terms is administered by the International Centre for Dispute Resolution under its International Arbitration Rules, seated in Portland, Oregon, and conducted in English. Hearings may be held by video. Either party may seek interim relief in the courts of the Covered Country under Section 16.4. Where Local Law does not recognize a jury trial or class action waiver, those waivers have no effect and nothing else in Section 16 is affected.

A11. Taxes. Section 8.13 of the Terms applies. Each User will give us its tax registration number (for example, a VAT, GST, HST, ABN, NZBN or business registration number) when it chooses a Billing Election, and, where a tax treaty may reduce withholding, a certificate of tax residence.

A12. Regulatory status. The Platform's product gates reflect United States classifications only (Section 3.3 of the Terms). TCM makes no determination under the cosmetic, drug, therapeutic goods, natural health product, chemical or functional cosmetic laws of any Covered Country.

Part B. Country schedules

B1. Canada

B1.1 Privacy. We handle personal information under the Personal Information Protection and Electronic Documents Act and applicable provincial law. Personal information is transferred to and stored in the United States, where it may be accessible to courts and authorities under United States law. Complaints may be made to the Office of the Privacy Commissioner of Canada, or to the relevant provincial commissioner.

B1.2 Quebec. For a User established in Quebec:

(a) we are responsible for the protection of personal information we hold, and the person in charge of the protection of personal information is our Managing Member, reachable at support@thecosmeticmanufacturer.com;

(b) we have assessed the transfer of personal information outside Quebec and concluded it is adequately protected, as the Act respecting the protection of personal information in the private sector requires;

(c) these Terms, the Mutual NDA, this Addendum and the Manufacturer Commercial Terms are provided in French. The User receives the French version first and may then expressly choose to be bound by the English version. That choice is recorded in the acceptance record. Où l'utilisateur a choisi la version anglaise après avoir reçu la version française, les parties conviennent expressément que ces documents et tous les documents s'y rattachant soient rédigés en anglais.

B1.3 Commercial electronic messages. Commercial electronic messages to Canadian Users comply with Canada's Anti Spam Legislation. We rely on express consent, or on implied consent only where the recipient's business email address is conspicuously published, is not accompanied by a statement that it does not wish to receive unsolicited messages, and our message relates to the recipient's business role.

B1.4 Taxes. Fees are exclusive of goods and services tax, harmonized sales tax and Quebec sales tax, which apply as the Excise Tax Act and provincial law provide.

B2. European Union and European Economic Area

B2.1 Controller and representative. XYM Health LLC is the controller. Where Article 27 of Regulation (EU) 2016/679 (the "GDPR") requires it, our representative in the Union is identified at thecosmeticmanufacturer.com/legal/representatives.

B2.2 Lawful bases. We process personal data: to perform our contract with the User and take steps at its request (Article 6(1)(b)); to comply with legal obligations (Article 6(1)(c)); and for our legitimate interests in operating a secure and accurate matchmaking platform, compiling Profiles from Public Data, preventing fraud and circumvention, and establishing or defending legal claims (Article 6(1)(f)). A User may object to processing based on legitimate interests. Where we collect personal data from Public Data rather than from the person concerned, we provide the information Article 14 requires, including through our Privacy Policy.

B2.3 Transfers. Transfers to the United States rely on the EU-U.S. Data Privacy Framework where we are certified under it and, otherwise, on the Standard Contractual Clauses adopted by the European Commission, which are incorporated into this Addendum by reference and available on request.

B2.4 Supervisory authority. A User may complain to the data protection authority of the Member State where it is established, works, or where an alleged infringement occurred.

B2.5 Digital Services Act. Our single point of contact for authorities and Users under Regulation (EU) 2022/2065 is support@thecosmeticmanufacturer.com, in English. Where Article 13 requires it, our legal representative in the Union is identified at thecosmeticmanufacturer.com/legal/representatives. Anyone may notify us of content on the Platform they consider illegal at the same address. We will review notices diligently and tell the notifier and the affected User what we decided and why, and the User may contest that decision through the same address. Section 4.4 of the Terms continues to govern corrections to Profiles.

B2.6 Mandatory law. Nothing in the Terms limits liability for intent or gross negligence, for injury to life, body or health, or for any other liability that the law of the User's Member State does not permit to be limited in standard business terms.

B2.7 Trade secrets. The Parties agree that the Mutual NDA is among the reasonable steps each takes to keep its information secret within the meaning of Directive (EU) 2016/943 and the national laws implementing it.

B2.8 Taxes. Our services are supplied business to business, and value added tax is accounted for by the User under the reverse charge where applicable.

B3. United Kingdom

B3.1 Privacy. Section B2.1 to B2.3 apply with references to the GDPR read as the UK GDPR and the Data Protection Act 2018, to the Union read as the United Kingdom, and to the Standard Contractual Clauses read as the International Data Transfer Addendum issued by the Information Commissioner, or the UK Extension to the EU-U.S. Data Privacy Framework where we are certified under it. Our United Kingdom representative, where required, is identified at thecosmeticmanufacturer.com/legal/representatives. A User may complain to the Information Commissioner's Office.

B3.2 Reasonableness. Each limitation and exclusion in the Terms is subject to the requirement of reasonableness under the Unfair Contract Terms Act 1977, where that Act applies, and Section 14.8 of the Terms applies.

B3.3 Electronic marketing. Commercial electronic messages comply with the Privacy and Electronic Communications Regulations 2003.

B3.4 Taxes. Value added tax is accounted for by the User under the reverse charge where applicable.

B4. Australia

B4.1 Privacy. We handle personal information in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth). Personal information is disclosed to recipients in the United States, including XYM Health LLC and its service providers, and we take reasonable steps to ensure those recipients handle it consistently with the Australian Privacy Principles. A User may complain to us and then to the Office of the Australian Information Commissioner.

B4.2 Australian Consumer Law. Where TCM supplies services to a User that is a "consumer" under the Australian Consumer Law (for example, because the price of the services is A$100,000 or less), the consumer guarantees in that law apply and cannot be excluded. To the extent that law permits, and because our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

B4.3 Unfair contract terms. Sections A5 to A9 apply so that the Terms operate fairly for small businesses. Nothing in the Terms allows us to vary the upfront price, rate or term of a Covered Transaction unilaterally, and any right we hold that the User does not hold is to be read as reasonably necessary to protect our legitimate interests in operating the Platform and collecting fees we have earned.

B4.4 Spam. Commercial electronic messages comply with the Spam Act 2003 (Cth).

B4.5 Taxes. Where our services are supplied to a User registered for goods and services tax, the User accounts for it under the reverse charge where applicable. Otherwise, goods and services tax applies as the law provides.

B5. New Zealand

B5.1 Privacy. We handle personal information in accordance with the Privacy Act 2020, including information privacy principle 12 on disclosure outside New Zealand. A User may complain to us and then to the Office of the Privacy Commissioner.

B5.2 In trade. The Platform is supplied and acquired in trade. To the extent permitted by section 43 of the Consumer Guarantees Act 1993 and section 5D of the Fair Trading Act 1986, the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable that they are bound by this Section.

B5.3 Unfair contract terms. Sections A5 to A9 apply. Where the Terms form a small trade contract under the Fair Trading Act 1986, no term will be relied on to the extent a court would declare it unfair.

B5.4 Unsolicited messages. Commercial electronic messages comply with the Unsolicited Electronic Messages Act 2007.

B5.5 Taxes. Goods and services tax applies to our services as the Goods and Services Tax Act 1985 provides for remote services supplied to registered businesses.

B6. Republic of Korea

B6.1 Separate consents. Under the Personal Information Protection Act, we obtain the following consents separately, each by its own checkbox, and never bundled with acceptance of the Terms. A User may refuse any of them; refusal of a consent in (b) or (c) means we cannot provide the functions that depend on it, and the consequence is shown next to the checkbox.

(a) Collection and use. Items: name, title, business email, phone, company, account and security data, the acceptance record including IP address, and content the User submits. Purposes: operating accounts, matching, Introductions and fees. Retention: as set out in Section A3.4.

(b) Provision to third parties. Recipient: the counterparty Brand or Manufacturer in an Introduction the User confirms or accepts. Items: company name, the name, title and business contact details of the User's contact person, and the Brief or Profile content. Purpose: allowing the parties to communicate about a potential project. Retention by the recipient: as the recipient's own policy provides.

(c) Overseas transfer. Recipient: XYM Health LLC and the service providers listed at thecosmeticmanufacturer.com/legal/subprocessors. Country: the United States. Time and method: at the time of collection, by encrypted network transmission. Items and purpose: as in (a). Retention: as set out in Section A3.4. Contact: support@thecosmeticmanufacturer.com.

B6.2 Rights and complaints. A User may exercise its rights under the Personal Information Protection Act by contacting support@thecosmeticmanufacturer.com, and may apply for dispute mediation to the Personal Information Dispute Mediation Committee or report to the Personal Information Protection Commission. Where the Act requires a domestic representative, we will appoint one and identify it at thecosmeticmanufacturer.com/legal/representatives.

B6.3 Standard terms. Consistent with the Act on the Regulation of Terms and Conditions, Section A5 applies to any change of the Terms, and nothing in the Terms excludes or limits liability for our intentional misconduct or gross negligence.

B6.4 Advertising messages. We send advertising information by email or messaging only with the recipient's prior consent, marked "(광고)" at the start of the subject line, and with a free means to withdraw consent, as the Act on Promotion of Information and Communications Network Utilization and Information Protection requires.

B6.5 Language. The Terms, the Mutual NDA, this Addendum and the Manufacturer Commercial Terms are provided in English, and the English version is the binding version, except that where Korean law gives a Korean version priority, that version controls to that extent.

B6.6 Taxes. A User that is required to withhold tax on payments to us will apply any reduced rate available under the tax treaty between the Republic of Korea and the United States on receipt of our certificate of residence, and Section 8.13.2 of the Terms applies to any remaining withholding.

Part C. General

C1. Order of precedence. For a User established in a Covered Country, the order of precedence in Section 17.2 of the Terms and Section 17 of the Mutual NDA applies, with this Addendum ranking immediately after any signed written agreement between the User and TCM.

C2. Changes to this Addendum. We may add a country to this Addendum, or update a country schedule, under Section A5.

C3. Acceptance. This Addendum is accepted together with the Terms and the Mutual NDA, and is recorded in the same acceptance record.