Data Protection Addendum

• In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
  1. “Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with either Client or the Organization (as the context allows), where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
  2. “Client Personal Data” means any Personal Data provided by or made available by Client to the Organization or collected by the Organization on behalf of Client which is Processed by the Organization to perform the Services;
  3. “Controller to Processor SCCs” means the standard contractual clauses for cross-border transfers published by the European Commission on June 4, 2021 governing the transfer of European Area Personal Data to Third Countries as adopted by the European Commission, the Swiss Federal Data Protection and Information Commissioner (“Swiss FDPIC”) relating to data transfers to Third Countries (collectively “EU SCCs”); (ii) the international data transfer addendum (“UK Transfer Addendum”) adopted by the UK Information Commissioner’s Office (“UK ICO”) for data transfers from the UK to Third Countries; or (iii) any similar such clauses adopted by a data protection regulator relating to Personal Data transfers to Third Countries, including without limitation any successor clauses thereto;
  4. “Data Protection Laws” means any local, state, or national law regarding the processing of Personal Data applicable to the Organization in the jurisdictions in which the Services are provided to Client, including, without limitation, privacy, security, and data protection law;
  5. “EU Area” means the European Union, European Economic Area, United Kingdom, and Switzerland;
  6. “EU Area Law” means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 (“EU GDPR”) together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons; (ii) the Data Protection Act 1998 of the United Kingdom and the EU GDPR as saved into United Kingdom Law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”); (iii) the swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”); (iv) any other law relating to the data protection, security, or privacy of individuals that applies in the EU Area; or (v) any successor or amendments thereto (including, without limitation, implementation of the EU GDPR by Member States into their national law);
  7. “Security Incident” means any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Client Personal Data being Processed by the Organization;
  8. “Services” means the services to be supplied by the Organization to Client or Client’s Affiliates pursuant to the Service Agreement; and
  9. “Third Country” means countries that, where required by applicable Data Protection Laws, have not received an adequacy decision from an applicable authority relating to cross-border data transfers of Personal Data, including regulators such as the European Commission, UK ICO, or Swiss FDPIC.
• The terms “Business”, “Business Purpose”, “commercial purpose”, “Contractor”, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Process”, “Processor”, “Sell”, “Service Provider”, “Share”, “Subprocessor”, “Supervisory Authority”, and “Third Party” have the same meanings as described in applicable Data Protection Laws and cognate terms shall be construed accordingly.
• Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Service Agreement.

This Addendum applies to the Organization’s Processing of Client Personal Data under the Service Agreement to the extent such Processing is subject to Data Protection Laws. This Addendum is governed by the governing law of the Service Agreement unless otherwise required by Data Protection Laws.

• The Parties acknowledge and agree that with regard to the Processing of Client Personal Data, and as more fully described in Annex 1 hereto, Client acts as a Business or Controller, and the Organization acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of Client Personal Data by the Organization acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1).
• The Parties expressly agree that Client shall be solely responsible for ensuring timely communications to Client’s Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Client’s Affiliates or the relevant Controller(s) to comply with such Laws.
• Client is solely responsible for complying with Security Incident notification laws applicable to Client and fulfilling any obligations to give notices to government authorities, affected individuals or others relating to any Security Incidents.

• In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the Client Personal Data to be Processed by the Organization pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements or to address the requirements of Data Protection Laws from time to time. Annex 1 does not create any obligation or rights for any Party.
• The purpose of Processing under this Addendum is the provision of the Services pursuant to the Service Agreement and any Order Form(s).
•  

• Client shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum and the Processing of Client Personal Data. In connection with its access to and use of the Services, Client shall Process Client Personal Data within such Services and provide the Organization with instructions in accordance with applicable Data Protection Laws. As between the Parties, Client shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to the Organization of Client Personal Data. Client agrees not to provide the Organization with any data concerning a natural person’s health, religion or any special categories of data as defined in Article 9 of the GDPR.
• the Organization shall comply with all applicable Data Protection Laws in the Processing of Client Personal Data and the Organization shall:
  1. Process the Client Personal Data for the purposes of the Service Agreement and for the specific purposes in each case as set out in Annex 1 to this Addendum and otherwise solely on the documented instructions of Client, for the purposes of providing the Services and as otherwise necessary to perform its obligations under the Service Agreement. the Service Agreement, this Addendum, and Client’s use of the Services’ features and functionality are Client’s written instructions to the Organization in relation to Processing Client Personal Data, including as follows:
     1. the Organization shall use, retain, disclose, or otherwise Process Client Personal Data only on behalf of Client and for the specific business purpose of providing the Services and in accordance with Client’s instructions, including as described in the Service Agreement. the Organization shall not Sell or Share Client Personal Data, nor use, retain, disclose, or otherwise Process Client Personal Data outside of its business relationship with Client or for any other purpose (including the Organization’s commercial purpose) except as required or permitted by law. the Organization shall immediately inform Client (a) if the Organization determines that it is no longer able to meet its obligations under Data Protection Laws or (b) if, in the Organization’s opinion, an instruction infringes applicable Data Protection Laws. Client reserves the right to take reasonable and appropriate steps to ensure Graphite’s Processing of Client Personal Data is consistent with Client’s obligations under Data Protection Law and discontinue and remediate unauthorized use of Client Personal Data;
     2. the Organization shall have rights to process Client Personal Data solely (i) to the extent necessary to (a) perform the Business Purposes and its obligations under the Service Agreement; (b) operate, manage, test, maintain and enhance the Services including as part of its business operations; (c) to disclose aggregate statistics about the Services in a manner that prevents individual identification or re-identification of Client Personal Data, including without limitation any individual device or individual person; and/or (d) protect the Services from a threat to the Services or Client Personal Data; or (ii) if required by court order of a court or authorized governmental agency, provided that prior notice first be given to Client; (iii) as otherwise expressly authorized by Client;
     3. the Organization will not combine Client Personal Data which the Organization Processes on Client’s behalf, with Personal Data which it receives from or on behalf of another person or persons, or collects from its own interaction with individual, provided that Graphite may combine personal information to perform any Business Purpose permitted or required under the Service Agreement to perform the Services;
  2. implement and maintain measures designed to ensure that the Organization personnel authorized to process the Client Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality unless disclosure is required by law or professional regulations;
  3. implement and maintain the technical and organizational measures set out in the Service Agreement, and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain any further commercially reasonable and appropriate administrative, technical, and organizational measures designed to ensure a level of security appropriate to the risk of the Processing of Client Personal Data in accordance with Article 32 of the GDPR, and specifically:
     1. pseudonymization and encryption of Client Personal Data;
     2. ensuring ongoing confidentiality, integrity, availability and resilience of the Organization’s processing systems and services that process Client Personal Data;
     3. restoring availability and access to Client Personal Data in a timely manner in the event of a physical or technical incident; and
     4. regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of the Client Personal Data.
  4. Client hereby agrees that the Organization is generally authorized to engage and appoint Sub-processors, and specifically the Sub-processors listed in Annex 2 hereto, subject to the Organization’s:
     1. notifying Client at least thirty (30) calendar days in advance of any intended changes or additions to its Sub-processors listed in Annex 2 by emailing notice of the intended change to Client;
     2. including data protection obligations in its contract with each Sub-processor that are materially the same as those set out in this Addendum; and
     3. remaining liable to Client for any failure by each Sub-processor to fulfill its obligations in relation to the Processing of the Client Personal Data.
  5. In relation to any notice received under section 4.2(d)(i), Client shall have a period of 30 (thirty) days from the date of the notice to inform the Organization in writing of any reasonable objection on data protection grounds to the use of that Sub-processor. The parties will then, for a period of no more than 30 (thirty) days from the date of Client’s objection, work together in good faith to attempt to find a commercially reasonable solution for Client which avoids the use of the objected-to Sub-processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Service Agreement) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty or indemnification whatsoever (but without prejudice to any fees incurred by Client prior to termination);
  6. to the extent legally permissible, promptly notify Client in case of any legally binding requests (i.e., disclosures required by law, court order, or subpoena) for disclosure of Client Personal Data by the Organization. In case if it is not legally binding then Client Personal Data would not be disclosed and the Organization will notify the Client of such request rejection. A record of all legally binding disclosure requests relating to Client Personal Data shall be maintained.
  7. to the extent legally permissible, promptly notify Client of any communication from a Data Subject regarding the Processing of Client Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection Laws in respect of the Client Personal Data. the Organization will not respond to any such request or complaint unless expressly authorized to do so by Client or is otherwise required to respond under applicable Data Protection Laws. Taking into account the nature of the Processing, the Organization will reasonably assist Client (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Client’s, Client’s Affiliates’ or the relevant Controller(s)’ obligation to respond to requests for exercising the data subject’s rights laid down in Chapter Ill GDPR. Client agrees to pay the Organization for time and for out of pocket expenses incurred by the Organization in connection with the performance of its obligations under this Section 4.2(e);
  8. upon the Organization’s becoming aware of a Personal Data Breach involving Client Personal Data, notify Client without undue delay of any Personal Data Breach involving Client Personal Data, such notice to include, to the extent reasonably available to the Organization, all timely information reasonably required by Client (or the relevant Controller) to comply with its data breach reporting obligations under the applicable Data Protection Laws. the Organization shall further take all such measures and actions as are necessary to remedy or mitigate the effects of such Security Incident and shall keep Client reasonably informed of developments concerning Client Personal Data. Client acknowledges that the Organization’s notification of a Security Incident is not an acknowledgement by the Organization of its fault or liability. Security Incidents do not include unsuccessful attempts or activities that do not compromise the security of Client Personal Data, including unsuccessful login attempts, pings, port scans, denial of service attacks or other network attacks on firewalls or networked systems;
  9. to the extent required by the applicable Data Protection Laws, provide reasonable assistance to Client, Client’s Affiliates’ or the relevant Controller(s)’ with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and information available to the Organization; Client agrees to pay the Organization for time and for out of pocket expenses incurred by the Organization in connection with any assistance provided in connection with Articles 35 and 36 of the GDPR;
  10. cease Processing the Client Personal Data upon the termination or expiry of the Service Agreement, and at option of Client, Client’s Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the Client Personal Data Processed by the Organization, unless (and solely to the extent and for such period as) applicable law requires the Organization to retain some or all of the Client Personal Data. Any such Client Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Service Agreement; and
  11. the Organization shall maintain the necessary records in support of demonstrating compliance with its obligations (as specified in the applicable contract) for the processing of Client Personal Data carried out on behalf of the Client.
  12. make available to Client all information reasonably necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by Client, or an independent third party auditor mandated by Client, provided that Client gives the Organization reasonable prior notice of its intention to audit, conducts its audit during the Organization’s normal business hours, and takes all reasonable measures to prevent unnecessary disruption to the Organization’s operations. For the purposes of demonstrating compliance with this Addendum under this Section 4.2(i), the Parties agree that in the first instance, once per year during the term of the Service Agreement (except if and when required by instruction of a competent Supervisory Authority or where Client believes a further audit is necessary due to a Personal Data Breach concerning Client Personal Data suffered by the Organization), the Organization will provide to Client responses to cybersecurity and other assessments and only where Client cannot establish the Organization’s compliance with this Addendum from the Organization’s responses shall Client request to inspect the Organization’s processing operations. Client agrees to pay the Organization for time and for out of pocket expenses incurred by the Organization in connection with assistance provided in connection with such audits, responses to cybersecurity and other assessments.

The Parties warrant that they and any staff and/or subcontractors will comply with their respective obligations under Data Protection Laws for the term.

• The parties agree that when the transfer of Client Personal Data from Client and/or any of its Affiliates (as exporter) to the Organization (as importer) is a Restricted Transfer and EU Area Law applies, the transfer shall be subject to the appropriate Controller to Processor SCCs, which shall be deemed incorporated into and form part of this Addendum as follows:
  1. In relation to Client Personal Data that is protected by the EU GDPR and processed by the Organization on behalf of and under the instruction of Client, the EU SCCs will apply completed as follows:
     1. Module Two will apply (controller to processor transfers);
     2. In Clause 7, the optional docking clause will apply;
     3. In Clause 9, Option 2 will apply, and the time period for prior notice of sub-processor changes shall be as set out in Section 4.2(d) of this Addendum;
     4. In Clause 11, the optional language will not apply;
     5. In Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law;
     6. In Clause 18(b), disputes shall be resolved before the courts of the Republic of Ireland;
     7. Annex I of the EU SCCs shall be deemed completed with the information set out in Annex 1 to this Addendum; and
     8. Annex II of the EU SCCs shall be deemed completed with the information set out in Section 4 of Annex 1 to this Addendum.
  2. In relation to Client Personal Data that is protected by the Swiss DPA, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but with the following modifications:
     1. Any references in the EU SCCs to “Regolation (EU) 2016/679” shall be interpreted as references to the Swiss DPA and the equivalent articles or sections therein;
     2. Any references to “EU”, “Union”, “Member State”, and “Member State law” shall be interpreted as references to Switzerland and Swiss law, as the case may be;
     3. Any references to the “competent supervisory authority” and “competent courts” shall be interpreted as references to the relevant data protection authority and courts in Switzerland; and
     4. The Controller to Processor SCCs shall be governed by the laws of Switzerland and disputes shall be resolved before the competent Swiss Courts.
  3. In relation to Client Personal Data that is protected by the UK GDPR, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but as modified and interpreted by the Part 2: Mandatory Clauses of the UK Addendum, which shall be incorporated into and form an integral part of this Addendum. Any conflict between the terms of the EU SCCs and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum. In addition, tables 1 to 3 in Part 1 of the UK Addendum shall be completed respectively with the information set out in Annex I of this Addendum, and table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting both “Importer” and “Exporter”.
  4. the Organization shall process Personal Data using AI and machine learning technologies within the Hague Region, Netherlands, in accordance with the terms of this Addendum and applicable Data Protection Laws, including the General Data Protection Regulation (GDPR). The purpose of such AI processing is limited to the services provided by the Organization tool. the Organization shall ensure that any AI processing of Personal Data is conducted only to the extent necessary to achieve the specified purposes.
• The Organization shall not participate in any other Restricted Transfers of Client Personal Data (whether as an importer or an exporter of the Client Personal Data) unless the Restricted Transfer is made in compliance with applicable Data Protection Law and pursuant to the relevant Standard Contractual Clauses implemented between the relevant exporter and importer of the Client Personal Data, as necessary in order to comply with applicable Data Protection Law.
• Client should routinely review all international transfers of Personal Data on a case-by-case basis in order to monitor new risks because of the changes in local laws, data practices, etc., and implement additional safeguards (such as encryption or pseudonymization) to mitigate identified risks to ensure the Personal Data remains protected to the standard required under Data Protection Laws.
• Transfer mechanism. Where a party is located outside the EEA or an adequate country and receives Personal Data: (a) that party will act as the data importer, (b) the other party is the data exporter, and (c) the relevant Transfer Mechanism will apply. “Transfer Mechanism” refers to any lawful means of transferring personal data from the European Economic Area (EEA) or any adequate country to a third country in compliance with applicable data protection laws. This may include, but is not limited to, the following:
  1. Standard Contractual Clauses (SCCs) approved by the European Commission Decision of 4 June 2021 (as amended from time to time) for the transfer of personal data from the EEA or adequate countries to a third country;
  2. International Data Transfer Agreement issued by the Information Commissioner’s Office (ICO) under Section 119A of the Data Protection Act 2018, effective from 21 March 2022;
  3. International Data Transfer Addendum issued by the Information Commissioner’s Office (ICO) under Section 119A of the Data Protection Act 2018, effective from 21 March 2022.
• Additional measures. If the Transfer Mechanism is insufficient to safeguard the transferred Personal Data, the data importer will promptly implement supplementary measures to ensure Personal Data is protected to the same standard as required under Data Protection Laws.
• Disclosures. Subject to terms of the relevant Transfer Mechanism, if the data importer receives a request from a public authority to access Personal Data, it will (if legally allowed): challenge the request and promptly notify the data exporter about it, and only disclose to the public authority the minimum amount of Personal Data required and keep a record of the disclosure.

The provisions of this Addendum are supplemental to the provisions of the Service Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Service Agreement, they will take priority in this order: (a) any Standard Contractual Clauses or other measures to which the parties have agreed to (Cross-Border Transfer Mechanisms) , (b) this Addendum, (c) the Service Agreement. In the event that any provision of this Addendum and/or the Service Agreement contradicts, directly or indirectly, the Controller to Processor SCCs, the Controller to Processor SCCs will control.

To the extent permissible by law, Client shall (a) defend the Organization and its Affiliates (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim”), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by Client of this Addendum or of its obligations under applicable Data Protection Laws. the Organization may participate in the defence and/or settlement of a Claim under this Section 9 with counsel of its choosing at its own expense.

• The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.

• The Addendum considers the following and follows:
  1. Privacy by Design and default
  2. Achieving security of Processing
  3. Notification of breaches involving Client Personal Data to the relevant Supervisory Authority
  4. Notification of breaches involving Client Personal Data to Client
  5. Conducting Privacy Impact Assessment where appropriate and required by applicable Data Protection Law
  6. Assurance of the Organization’s assistance by if prior consultations with relevant Supervisory Authorities are needed and required by applicable Data Protection Laws.
• The organisation shall comply with all statutory and regulatory requirements, ISO 27001:2013, ISO 27701:2019 and EU GDPR
• In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in the Organization’s control, the Data Subjects can submit such request done by contacting the Organization’s Data Protection Officer (DPO) below. Also, raising concerns and/or any complaints related to the Client’s Personal Data can be done by contacting the Data Protection Officer below:
  Name: Julia Blokhina
  Email ID: Julia.b@tbsbv.com
• There are no Temporary files getting generated during processing.

Description of Processing Activities for Client Personal Data

This Annex includes certain details of the Processing of Client Personal Data by the Organization in connection with the Services.

1.  List of Parties

           Data Exporter

          Data Importer

1. Competent Supervisory Authority

1. Processing Information

• Technical and Organisational Security Measures

Description of the technical and organisational security measures implemented by the Organization as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.

• Security
  • Security Management System.
    • Organization. The organisation designates qualified security personnel whose responsibilities include the development, implementation, and ongoing maintenance of the Information Security Program.
    • Policies. Management reviews and supports all security-related policies to ensure the security, availability, integrity and confidentiality of Client Personal Data.  These policies are updated at least once annually.
    • Assessments. The organisation engages a reputable independent third party to perform risk assessments of all systems containing Client Personal Data at least once annually.
    • Risk Treatment. The organisation maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Client Personal Data.
    • Vendor Management. the Organization maintains an effective vendor management program
    • Incident Management. the Organization reviews security incidents regularly, including effective determination of root cause and corrective action.
    • Standards. the Organization operates an information security management system that complies with the requirements of ISO/IEC 27001:2013 standard.
  • Personnel Security.
    • the Organization personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. the Organization conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.
    • Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Client Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, the Organization’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Client Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). The organisation’s personnel will not process Client Personal Data without authorization.
  • Access Controls
    • Access Management. The Organization maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Client Personal Data to limit access to Client Personal Data and systems storing, accessing or transmitting Client Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Client Personal Data still require it.
    • Infrastructure Security Personnel. the Organization has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. The organisation’s infrastructure security personnel are responsible for the ongoing monitoring of the Organization’s security infrastructure, the review of the Services, and for responding to security incidents.
    • Access Control and Privilege Management. The organisation’s and Client’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign-on system in order to use the Services
    • Internal Data Access Processes and Policies – Access Policy. The organisation’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Client Personal Data. The organisation designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access.  The Organization requires the use of unique user IDs, strong passwords, two-factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with the Organization’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity
  • Data Center and Network Security
    • Data Centers.
      • Infrastructure. The Organization utilizes Google Cloud Platform (GCP) and hosts its servers on Kinsta.
      • Resiliency. The Organization leverages the redundancy and high availability features provided by Kinsta’s infrastructure and GCP’s global network. Regular Backup Restoration Testing is conducted to ensure resiliency and continuity of operations.
      • Server Operating Systems. The Organization’s servers are customized to suit the application environment and are hardened to enhance the security of the Services. A robust code review process is employed to ensure the security of the code used to provide the Services and to strengthen security measures in production environments.
      • Disaster Recovery. The organisation replicates data over multiple systems to help protect against accidental destruction or loss. The organisation has designed and regularly plans and tests its disaster recovery programs.
      • Security Logs. the Organization’s systems have logging enabled to their respective system log facility in order to support the security audits and monitor and detect actual and attempted attacks on, or intrusions into, the Organization’s systems.
      • Vulnerability Management. The organisation performs regular vulnerability scans on all infrastructure components of its production and development environment.  Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches for all components installed as soon as commercially possible.
    • Networks and Transmission.
      • Data Transmission. Transmissions on the production environment are transmitted via Internet standard protocols.
      • Google Cloud Platform’s VPC Firewall Rules and Kinsta’s enterprise-grade security measures are in place for the Production environment. GCP’s VPC firewall provides customizable virtual firewall rules to control inbound and outbound traffic, while Kinsta offers additional security layers, including DDoS protection, hardware firewalls, and continuous monitoring.
      • Incident Response. The organisation maintains incident management policies and procedures, including detailed security incident escalation procedures. The organisation monitors a variety of communication channels for security incidents, and the Organization’s security personnel will react promptly to suspected or known incidents, mitigate the harmful effects of such security incidents, and document such security incidents and their outcomes.
      • Encryption Technologies. The organisation makes HTTPS encryption (also referred to as SSL or TLS) available for data in transit and implements encryption technologies for data at rest to ensure the security and confidentiality of Client Data.
    • Data Storage, Isolation, Authentication, and Destruction. The Organization stores data in a multi-tenant environment on Google Cloud Platform (GCP) servers and Kinsta’s hosting infrastructure. Data, the Services database, and file system architecture are replicated across multiple regions and zones within GCP to ensure high availability and fault tolerance. The Organization logically isolates the data of different Clients. A central authentication system is implemented across all Services to enhance the uniform security of data. The Organization ensures the secure disposal of Client Data through a series of robust data destruction processes in compliance with industry standards.

The Organization’s Sub-processors