When applicable, this Data Processing Addendum (“DPA”) and the 2021 Standard Contractual Clauses (“2021 SCC”), along with its Schedules are incorporated into the Terms of Service Agreement or other written or electronic agreement (the “Agreement”) between oAppsNET Partners LLC (“oAppsNET Partners LLC”) and Customer (collectively the “Parties”) for the purchase of the oAppsNET Partners LLC OAN Portal ( “the Service”) to reflect the Party’s agreement with regards to the processing of Personal Data. By signing the Agreement, Customer enters into this DPA and when applicable, the 2021 SCC, on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its Authorized Affiliates, if and to the extent oAppsNET Partners LLC processes Personal Data for which such Authorized Affiliates qualify as a Controller. For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and Authorized Affiliates. This Addendum will terminate automatically upon termination of the Agreement, or as terminated earlier pursuant to the terms of this Addendum. In the course of providing the Service to the Customer pursuant to the Agreement, oAppsNET Partners LLC may process Personal Data on behalf of Customer and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith. The duration of processing will be the same as the duration of the Agreement, except as otherwise agreed in writing between the Parties. The scope and further details of the processing activities to be performed by oAppsNET Partners LLC under or in connection with the Agreement and this Addendum which are attached herein.
1.0 Definitions. Unless otherwise defined in the Agreement, all capitalized terms used in this Addendum will have the meanings as given below:
1.1 “Affiliate” means any legal entity directly or indirectly controlling, controlled by, or under common control with a Party, where control means the ownership of a majority share of the stock, equity or voting interests of such entity.
1.2 “Authorized Affiliate” means any of Customer’s Affiliates which (a) are subject to the Data Protection Laws and Regulations, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) are permitted to use the Service pursuant to the Agreement between Customer and oAppsNET Partners LLC, but has not signed its own Agreement with oAppsNET Partners LLC and is not a “Customer” as defined in the Agreement.
1.3 “Controller” means the entity which determines the purposes and means of the processing of Personal Data.
1.4 “Data Incident” means (a) any unlawful access to Personal Data stored in the Service or systems, equipment, or facilities of oAppsNET Partners LLC, the oAppsNET Partners LLC Entities, or its Sub-processors, or (b) unauthorized access to such the Service, systems, equipment, or facilities that results in loss, disclosure, or alteration of Personal Data.
1.5 “Data Protection Laws and Regulations” means (i) General Data Protection Regulation (GDPR); and (ii) any other data privacy or data protection laws or regulations of the European Union, the European Economic Area and their member states, and Switzerland, that apply to the processing of Personal Data under this Addendum using the 2021 SCC as a recognized transfer mechanism. United Kingdom (UK) data protection laws and regulations shall apply in instances where the data exporter is established in the UK or falls within the territorial scope of application of UK data protection laws and regulations.
1.6 “Data Subject” means the identified or identifiable person to whom Personal Data relates.
1.7 “oAppsNET Partners LLC Entities” means oAppsNET Partners LLC’s parent company, oAppsNET Private Limited., and any of its affiliates.
1.8 “GDPR” means the EU General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ 2016 L 119/1.
1.9 “Personal Data” means any information that is uploaded to the Service under Customer’s account that relates to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii) such data is Personal Data.
1.10 “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.11 “Processor” means the entity which processes Personal Data on behalf of the Controller.
1.12 “Standard Contractual Clauses (“2021 SCC”)” means the standard contractual clauses adopted by Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council as currently set out at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj.
1.13 “Sub-processors” means (a) all oAppsNET Partners LLC Entities that have logical access to, and process, Personal Data, and (b) all third parties (other than oAppsNET Partners LLC Entities) that are contractually engaged by oAppsNET Partners LLC to provide services to Customer and that have logical access to, and process, Personal Data.
2.0 Data Processing.
2.1 Roles of the Parties. The Parties acknowledge and agree that with regard to the processing of Personal Data, Customer is the Controller, oAppsNET Partners LLC is the Processor, and that oAppsNET Partners LLC will engage Sub-processors pursuant to the requirements set forth elsewhere in this Addendum. oAppsNET Partners LLC will not process Personal Data, except as necessary to provide the Service. Customer shall at all times during this Addendum comply with all its obligations as a Controller under the applicable Data Protection Laws and Regulations. oAppsNET Partners LLC shall at all times during this Addendum comply with all its obligations as a Processor under the applicable Data Protection Laws and Regulations. Furthermore, oAppsNET Partners LLC will process Personal Data in accordance with the Data Protection Laws and Regulations directly applicable to oAppsNET Partners LLC’s provisioning of the Service. Upon Customer’s written request, oAppsNET Partners LLC will provide Customer with reasonable cooperation and assistance needed for Customer to fulfill its obligations under the Data Protection Laws and Regulations: (i) to carry out a data protection impact assessment related to Customer’s use of the Service, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to oAppsNET Partners LLC, (ii) in consultations with the supervisory authority prior to Processing where a data protection impact assessment indicates that the Processing would result in a high risk in the absence of measures taken by the Controller to mitigate the risk, and (iii) in responding to a Data Incident. Customer shall remain solely responsible and liable for complying with any data protection assessment obligation under applicable Data Protection Laws and Regulations.
2.2 Customer’s Instructions for Data Processing. oAppsNET Partners LLC will process Personal Data in accordance with Customer’s instructions. oAppsNET Partners LLC will treat all Personal Data as Confidential Information as defined in the Agreement. The Parties agree that this Addendum is Customer’s complete and final instructions to oAppsNET Partners LLC in relation to processing of Personal Data. Processing outside the scope of this Addendum, if any, unless required to do so by European Union or European Union member state law to which oAppsNET Partners LLC is subject, will require prior written agreement between oAppsNET Partners LLC and Customer on additional instructions for processing, including agreement on any additional fees Customer will pay to oAppsNET Partners LLC for carrying out such instructions. All of Customer’s instructions shall comply with the Data Protection Laws and Regulations. Customer may terminate this Addendum if oAppsNET Partners LLC declines to follow instructions requested by Customer that are outside the scope of this Addendum.
2.3 Customers Processing of Personal Data. Customer shall, in its use of the Service, process Personal Data in accordance with the requirements of the Data Protection Laws and Regulations. Customer’s instructions for the processing of Personal Data shall comply with the Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data, provided that oAppsNET Partners LLC shall immediately inform the Customer if, in its opinion, an instruction infringes the applicable Data Protection Laws and Regulations.
2.4 Personnel. oAppsNET Partners LLC shall ensure that its personnel engaged in the processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and are subject to obligations of confidentiality and that such obligations shall survive the termination of that person’s engagement with oAppsNET Partners LLC. oAppsNET Partners LLC shall take commercially reasonable steps to ensure the reliability of any oAppsNET Partners LLC personnel engaged in the processing of Personal Data. oAppsNET Partners LLC shall ensure that access to Personal Data is limited to those personnel performing services in accordance with the Agreement and that its personnel Process the minimum amount of Personal Data needed to provide the services in accordance with this Agreement.
2.5 Data Subject Rights. oAppsNET Partners LLC shall, to the extent legally permitted, promptly notify Customer if oAppsNET Partners LLC receives a request from a Data Subject to exercise the Data Subject’s right of access, right to rectification, restriction of processing, erasure (“right to be forgotten”) data portability, object to the processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). Taking into account the nature of the processing, oAppsNET Partners LLC shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer’s obligations to respond to a Data Subject Request under the Data Protection Laws and Regulations. In addition, to the extent Customer, in its use of the Service, does not have the ability to address a Data Subject Request, oAppsNET Partners LLC shall upon Customer’s written request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent oAppsNET Partners LLC is legally permitted to do so and the response to such Data Subject Request is required under the Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any reasonable costs arising from oAppsNET Partners LLC’s provision of such assistance.
2.6 Legally Required Disclosures. If oAppsNET Partners LLC receives any subpoena, judicial, administrative, or arbitral order of an executive or administrative agency, regulatory agency, or other governmental authority which is related to the Personal Data (“Disclosure Request”), it will promptly pass on such Disclosure Request to Customer without responding to it, unless otherwise required by applicable law (including to provide an acknowledgement of receipt to the authority that made the Disclosure Request).
2.7 Return and Deletion of Personal Data. Personal Data shall be returned or deleted upon termination of the Agreement.
3.0 Security. oAppsNET Partners LLC has implemented and shall maintain appropriate technical and organizational measures for the processing of Personal Data. These measures take into account the nature, scope, and purposes of processing as specified in this Addendum, and are intended to protect Personal Data against the risks inherent to the processing of Personal Data in the performance of the Service, in particular risks from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored, or otherwise processed. In particular, oAppsNET Partners LLC has implemented appropriate physical access, system access, data access, transmission and encryption, input, data backup, and security oversight, enforcement, and other security controls and measures.
4.0 Personal Data Transfer Mechanisms. Personal Data in the Service will be hosted in regional data centers. oAppsNET Partners LLC will not migrate Customer’s Personal Data to a different regional data center without Customer’s prior written authorization except as necessary to comply with the law or a valid and binding order of a law enforcement agency. To date, oAppsNET Partners LLC has received no Section 702 FISA or EO 12333 requests from any United States Federal Government entity. Notwithstanding the previous sentence, in accordance with the Data Protection Laws and Regulations. oAppsNET Partners LLC may access and process Personal Data on a global basis as necessary to perform the Service, as well as for purposes such as: IT security, maintenance and performance and related infrastructure, and technical and professional services support. The 2021 SCC, signed separately between the Parties, shall apply to Personal Data that is transferred outside the European Economic Area (“EEA”), either directly or via onward transfer, to any country not recognized by the European Commission as providing an adequate level of protection for Personal Data (as described and defined in the GDPR). The 2021 SCC shall not apply to Personal Data that is not transferred, either directly or via onward transfer, outside the EEA.
5.0 Third-Party Certifications. oAppsNET Partners LLC is certified under ISO 27001 and agrees to maintain an information security program for the oAppsNET Partners LLC OAN Portal and FlyDoc Products that complies with the ISO 27001 standards or such other alternative standards as are substantially equivalent to ISO 27001 for the establishment, implementation, control, and improvement of the oAppsNET Partners LLC security standards. oAppsNET Partners LLC uses external third-party auditors to verify the adequacy of its security measures, including the security of the physical data centers. This audit: (a) will be performed at least annually; (b) will be performed according to ISO 27001 standards or such other alternative standards that are substantially equivalent to ISO 27001; and (c) will be performed by independent third-party security professionals at oAppsNET Partners LLC’s selection and expense. Upon Customer’s written request, and subject to the confidentiality obligations set forth in the Agreement or a non-disclosure agreement, oAppsNET Partners LLC shall provide Customer with a copy of oAppsNET Partners LLC’s most recent third-party audits reports or certifications, as applicable. Customer is solely responsible for reviewing the information made available by oAppsNET Partners LLC relating to data security and making an independent determination as to whether the Service meets Customer’s requirements and for ensuring that Customer’s personnel and consultants follow the guidelines they are provided regarding data security.
6.0 Auditing Rights. On an annual basis, or as otherwise requested by a Customer, oAppsNET Partners LLC shall provide, upon demand, copies of its SSAE-18 SOC1 Type II, or current equivalent, audit report for examination of oAppsNET Partners LLC’s internal controls and procedure with regard to Services, deliverables, professional services, work product and work provided under the Agreement. In addition, in connection with the audit rights granted to Customer under the Agreement, during the term of the Agreement and for a period of one year thereafter, Customer has the right to audit oAppsNET Partners LLC, once a year, by following the steps here below and according to the following conditions: Step 1: Per Customer’s written request, oAppsNET Partners LLC will supply a copy of audit reports related to the current certifications in place within oAppsNET Partners LLC or other materials to ensure oAppsNET Partners LLC’s compliance with the terms of the Agreement for Customer and/or its independent auditor’s remote review and consideration; Step 2: if Customer’s audit key points are not covered by those reports or there are any reasonable concerns with the completeness or veracity of those reports, Customer or an independent auditor appointed by Customer, will be able to send a second written request to supplement or clarify the responses provided under Step 1 for Customer and/or its independent auditor’s remote review and consideration; Step 3: If there are any questions regarding the completeness or veracity of the information provided under Step 2, Customer or its auditor may organize a conference call with the oAppsNET Partners LLC representatives subject to reasonable prior notice and a detailed agenda. At no time during any audit shall Customer, any of its employees, or any third party acting on behalf of the Customer be permitted to conduct its own physical testing of any kind, be it remote, on premise, or over-the-shoulder testing, of any part of the oAppsNET Partners LLC on Demand Technical Platform. The oAppsNET Partners LLC OAN Technical Platform are defined as a group of infrastructures, composed of software and hardware and designed to run the specific oAppsNET Partners LLC OANProduct.
7.0 Breach Notification. oAppsNET Partners LLC will notify Customer of a Data Incident without undue delay after oAppsNET Partners LLC becomes aware of such Data Incident and takes reasonable steps to identify the cause, mitigate the effects and minimize any damage resulting from a Data Incident. Customer agrees that an unsuccessful Data Incident will not be subject to this section. An unsuccessful Data Incident is one that results in no unauthorized access to Personal Data or to any of oAppsNET Partners LLC’s equipment or facilities storing Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers) or similar incidents; and oAppsNET Partners LLC’s obligation to report or respond to a Data Incident under this section is not and will not be construed as an acknowledgement by oAppsNET Partners LLC of any fault or liability of oAppsNET Partners LLC with respect to a Data Incident. Notifications of Data Incidents, if any, will be delivered to one or more of Customer’s administrators by any means oAppsNET Partners LLC selects, including via e-mail. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information with oAppsNET Partners LLC to ensure proper notification. The obligations herein shall not apply to Data Incidents that are caused by Customer or Customer’s users and shall, in no way, have any bearing on Customer’s communication obligations to Data Subjects as specified under the law.
8.0 oAppsNET Partners LLC Entities and Sub-processors. Customer agrees and consents to oAppsNET Partners LLC using oAppsNET Partners LLC Entities and Sub-processors to fulfill its contractual obligations under this Addendum or to provide certain services to Customer on its behalf, such as professional services, technical support services, and telecommunication services. oAppsNET Partners LLC maintains a list of authorized Sub-processors, which is available to Customer for review upon written request. Within ten (10) business days of oAppsNET Partners LLC notifying Customer that an oAppsNET Partners LLC Entity or Sub-processors would be providing certain services, Customer may object to the intended involvement in writing to oAppsNET Partners LLC. In the event Customer’s objection is justified, oAppsNET Partners LLC and Customer will work together in good faith to find a mutually acceptable resolution to address such objection. To the extent oAppsNET Partners LLC and Customer are unable to reach a mutually acceptable resolution within a reasonable time frame, Customer shall have the right to terminate the Agreement in accordance with its terms. oAppsNET Partners LLC will restrict the oAppsNET Partners LLC Entities and Sub-processors’ access to Personal Data to only what is necessary to perform the Service or to provide the Service to Customer and any of Customer’s users in accordance with the documentation provided by oAppsNET Partners LLC and oAppsNET Partners LLC will prohibit the oAppsNET Partners LLC Entities or Sub-processors from accessing Personal Data for any other purpose. oAppsNET Partners LLC will impose appropriate contractual obligations in writing upon the oAppsNET Partners LLC Entities or Sub-processors that are no less protective than this Addendum, including relevant contractual obligations regarding confidentiality, data protection, data security, and audit rights. oAppsNET Partners LLC will remain responsible for the performance of the oAppsNET Partners LLC Entities and Sub-processors’ obligations in compliance with the terms of this Addendum.
9.0 Nondisclosure. Customer agrees that the details of this Addendum are not publicly known and constitute oAppsNET Partners LLC’s Confidential Information under the confidentiality provisions of the Agreement or non-disclosure agreement. If the Agreement does not include a confidentiality provision protecting oAppsNET Partners LLC’s confidential information and Customer and oAppsNET Partners LLC, or the oAppsNET Partners LLC Entities, do not have a non-disclosure agreement in place covering this Addendum, then Customer shall not disclose the contents of this Addendum to any third party except as required by applicable law.
10.0 Global Data Protection Officer; Chief Compliance Officer-United States.oAppsNET Partners LLC’s Global Data Protection Officer can be contacted at euprivacy@oAppsNET.com. oAppsNET Partners LLC’s Chief Compliance Officer in the United States can be contacted at usprivacy@oAppsNET.com
11.0 Entire Agreement; Conflict. Except as amended by this Addendum and the Schedules attached hereto, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this Addendum, the terms of this Addendum will control solely as to the subject matter contained herein. In all other instances, the Agreement shall govern. The relevant provisions contained in the 2021 SCC are hereby incorporated by reference and are an integral part of this DPA. Any clauses that require specific modules or optional language as provided by the EU Commission for the purposes of a complete 2021 SCC are set out in Schedule 1. The information required for the purposes of the Appendices to the 2021 SCC are set out in Schedule 2. If, at any time the Data Protection Laws or Regulations require any further steps to be taken in order to permit the transfer of Personal Data as envisaged under this DPA, then Customer and oAppsNET Partners LLC shall work together in good faith to take all steps reasonably required to ensure that the transfer of Personal Data meets the requirements of Data Protection Laws and Regulations.
SCHEDULE 1: STANDARD CONTRACTUAL CLAUSES OPERATIVE PROVISIONS AND ADDITIONAL TERMS
Clause 7 (Docking Clause): Parenthetical (a) shall apply.
Module 2 (Controller to Processor) shall apply under the following Clauses: clause 8 (Data Protection Safeguards), 10 (Data Subject Rights), 11 (Redress), 12 (Liability), 13 (Supervision), 14 (Local laws and practices affecting compliance with the Clauses), 15 (Obligations of the data importer in case of access by public authorities), 17 (Governing Law), and 18 (Choice of forum and jurisdiction) unless otherwise agreed to between the Parties. Furthermore, regarding Clause 17 the Parties agree the Member State shall be France and the Choice of forum and jurisdiction in Clause 18 shall be the courts of Lyon, France.
Additionally, the General Written Authorisation for Module 2 shall apply to Clause 9 (Use of Sub-processors) with further information described in Schedule 2. Further details of Clause 13 are described in Schedule 2.
SCHEDULE 2: DESCRIPTION OF PROCESSING/TRANSFER
LIST OF PARTIES
Data exporter(s):
Name:The entity identified as “Customer” in the introductory paragraph of the Agreement.
Address: Customer’s address as specified in the introductory paragraph of the Agreement.
Contact person’s name, position and contact details: Customer’s contact information is specified in the Agreement.
Activities relevant to the data transferred under these Clauses: The activities as specified in various Exhibits of the Agreement.
Signature and date: By signing the Agreement, the data exporter will be deemed to have signed this Schedule.
Role: Controller
Data importer(s):
Name: oAppsNET Partners LLC
Address: oAppsNET Partners LLC’s address as specified in the introductory paragraph of the Agreement.
Contact person’s name, position and contact details: The contact details for oAppsNET Partners LLC’s Global Data Protection Officer are specified in the DPA.
Activities relevant to the data transferred under these Clauses: The activities as specified in various Exhibits of the Agreement.
Signature and date: By signing the Agreement, the data importer will be deemed to have signed this Schedule.
Role: Processor
DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred: Customer may submit Personal Data to the Service, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
● Prospects, customers, business partners and vendors of Customer (who are natural persons)
● Employees or contact persons of Customer’s prospects, customers, business partners and vendors
● Employees, agents, advisors, freelancers of Customer (who are natural persons)
● Customer’s Users authorized by Customer to use the Services
Categories of personal data transferred: Customer may submit Personal Data to the Service, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
● First and last name
● Title and Position
● Employer
● Contact information (company, email, phone, physical business address)
● Log-in credentials
● Professional life data
● Connection data (including ERP information)
● Purchasing data
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: Data exporter may submit special categories of data to the Service, the extent of which is determined and controlled by the data exporter in its sole discretion, and which is for the sake of clarity Personal Data with information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis):On a continuous basis for the duration as defined in the Agreement.
Nature of the processing: Collect, record, organize, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, erase or destruct.
Purpose(s) of the data transfer and further processing: oAppsNET Partners LLC will Process Personal Data as necessary to perform the Service pursuent to the Agreement.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: The duration of the personal data process is defined in the Agreement and in any applicable oAppsNET Partners LLC Privacy Policy.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing: As described below.
COMPETENT SUPERVISORY AUTHORITY
Competent supervisory authority/ies in accordance with Clause 13:
● Where the data exporter is established in an EU Member State: The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer shall act as competent supervisory authority.
● Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679: The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established shall act as the competent supervisory authority.
● Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679: Commission nationale de l’informatique et des libertés (CNIL) – 3 Place de Fontenoy, 75007 Paris, France shall act as the competent supervisory authority.
● Where the data exporter is established in the United Kingdom or falls within the territorial scope of application of UK Data Protection Laws and Regulations, the Information Commissioner’s Office shall act as the competent supervisory authority.
● Where the data exporter is established in Switzerland or falls within the territorial scope of application of Swiss Data Protection Laws and Regulations, the Swiss Federal Data Protection and Information Commissioner shall act as competent supervisory authority insofar as the relevant data transfer is governed by Swiss Data Protection Laws and Regulations.
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
The data importer represents that it has adopted and implemented technical and organizational measures to protect personal data against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, and access, and against all other unlawful activities. To fulfill its obligations under this section, the data importer shall have in place, at a minimum any physical, technical, administrative, and organizational safeguards that provide for and ensure: (a) protection of business facilities, paper files, servers, computing equipment with information storage capabilities; and backup systems containing personal data; (b) network, application (including databases) and platform security; (c) business systems designed to optimize security and proper disposal of personal data according to the terms of these Clauses; (d) secure transmission and storage of personal information; (e) authentication and access control mechanisms over personal information, media, applications, operating systems and equipment; (f) personnel security and integrity, including background checks where consistent with applicable law; (g) annual training to the data importer’s employees on how to comply with the data importer’s physical, technical, and administrative information security safeguards and confidentiality obligations under applicable laws, rules, regulations and guidelines; and (h) storage limitations such that personal data resides only on servers in data centers that comply with industry standard data centers that have security controls. Data Importer will not materially decrease the overall security of the Service during a subscription term.
The data importer uses external auditors to verify the adequacy of its security measures, including the security of the physical data centers from which the Data importer provides services. This audit: (a) will be performed at least annually; (b) will be performed according to SSAE18/ISAE3402 or ISO 27001 standards or such other alternative standards that are substantially equivalent to SSAE18/ISAE3402 or ISO 27001; (c) will be performed by independent third-party security professionals at the data importer’s selection and expense; and (d) will result in the generation of a confidential audit report.
LIST OF SUB-PROCESSORS
The controller has authorized the use of the following sub-processors:
1. CDW – USA
Description of processing: Physical and environmental security, managed internet access, and housing facility services.
Specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter:
oAppsNET Partners LLC monitors CDW for technical and organizational measures using documentary audit. On an annual basis, oAppsNET Partners LLC request the latest available audit reports conducted for CDW (SOC 2 Type II). oAppsNET Partners LLC verifies that the examination does not mention abnormal remaining exceptions in a section related to “Management Response to Exceptions” This confirms that CDW maintains its conformity.
2. Microsoft Azure – USA & Canada
Description of processing: physical and environmental security, managed Internet access, Infrastructure as a Service (IAAS), and Software as a Service (SAAS).
Specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter:
oAppsNET Partners LLC monitors Microsoft Azure and Azure Services for technical and organizational measures using documentary audit. oAppsNET Partners LLC request the latest available audit reports conducted for Microsoft Azure Service (SOC 1 type II, SOC 2 Type II, ISO 27001). oAppsNET Partners LLC verifies that the examination does not mention abnormal remaining exceptions in a section related to “Management Response to Exceptions” This confirms that Microsoft Azure maintains its conformity.
3. Amazon Web Service (AWS) – USA
Description of processing: Physical and environmental security, managed Internet access, Infrastructure as a Service (IAAS), and Software as a Service (SAAS).
Specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter:
oAppsNET Partners LLC monitors Amazon Web Service for technical and organizational measures using documentary audit. oAppsNET Partners LLC request the latest available audit reports conducted for AWS (SOC 1 type II, SOC 2 Type II, ISO 27001). oAppsNET Partners LLC verifies that the examination does not mention abnormal remaining exceptions in a section related to “Management Response to Exceptions” This confirms that AWS maintains its conformity.
Last Modified: 8/14/2023