Data Processing Addendum

DATA PROCESSING ADDENDUM

Last Updated: July 11, 2019

This Data Processing Addendum (“DPA”) is referenced by and integrated into the Terms of Use (“Terms”) entered into by and between the organization defined as “you” in the Terms (“Company”) and StudioNow, Inc. (“StudioNow”), each a “party” and together the “parties.” Except to the extent otherwise expressly set forth in this DPA, this DPA is governed by the terms and conditions of the Terms. Any capitalized defined terms not otherwise defined herein shall have the meanings set forth in the Terms. This DPA may be modified or amended only in writing signed by both parties. In the event of any inconsistency or conflict between this DPA and the Terms, the DPA applies. By you agreeing to the Terms, the parties hereto acknowledge having read this DPA and agree to be bound by its terms.

  1. Application. This DPA applies to the processing of Personal Information by StudioNow on behalf of Company in connection with Company’s use of the Platform. “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular individual, consumer, data subject, or household, and is defined as “personally identifiable information,” “personal information, “personal data,” or similar term under Applicable Data Protection Law. “Applicable Data Protection Law” means (a) the UK Data Protection Act 2018; (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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” or “GDPR”); (c) as of January 1, 2020, the California Consumer Privacy Act of 2018, California Civil Code § 1798.100 et seq. (“California Consumer Privacy Act” or “CCPA”); and (d) any other data protection laws, rules, regulations, self-regulatory guidelines, or implementing legislation applicable to StudioNow’s processing of Personal Information. Words and phrases in this DPA shall, to the greatest extent possible, have the meanings given to them in Applicable Data Protection Law.

2. Processing of Personal Information

a. The parties acknowledge and agree that StudioNow will process Personal Information in connection with Company’s use of the Platform. Company is the controller or business that determines the purposes for and the manner in which Personal Information is processed by StudioNow, and StudioNow is the processor or service provider that processes Personal Information according to Client’s instructions. 

b. Company hereby instructs Service Provide to process Personal Information for purposes of (i) providing the Platform in accordance with the Terms; and (ii) complying with Company’s documented written instructions (e.g., via email). If StudioNow must process Personal Information as otherwise required by applicable law, StudioNow shall inform Company of that legal requirement before processing Personal Information, unless that law prohibits such disclosure on important grounds of public interest. 

c. StudioNow shall process Personal Information according to the following specifications:

i. The subject matter of the processing is providing the Platform in accordance with the Terms.

ii. The duration of the processing is for the duration of the Terms except where otherwise required by applicable law or legal obligation, or for StudioNow to protect its rights or those of a third party.

iii. The categories of individuals, consumers, or data subjects whose Personal Information may be processed in providing the Platform include, without limitation, Company’s personnel, representatives, contractors, partners, vendors, end users, and persons of interest. 

iv. The types of Personal Information are determined and controlled by Company, in Company’s discretion, and may include, without limitation, name, email address, postal address, title, and phone number.

d. StudioNow shall not: (i) sell Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than for the specific purpose of providing the Platform; (iii) retain, use, or disclose Personal Information for a commercial purpose other than providing the Platform; or (iv) retain, use, or disclose Personal Information outside of the direct business relationship between StudioNow and Company. StudioNow certifies that it understands these restrictions and will comply with them. 

e. Company is solely responsible for the accuracy, quality, and legality of Personal Information. Company represents and warrants that (i) Company has provided all legally required notices and has a lawful basis (including consent as necessary) for the sharing, transfer, and processing of Personal Information with, to, and by StudioNow; and (ii) Company has complied (and will continue to comply) with all Applicable Data Protection Laws, and StudioNow’s processing of Personal Information in accordance with Company’s instructions will not cause StudioNow to violate any Applicable Data Protection Laws.

3. Subprocessors

a. Company provides StudioNow with general written authorization to engage subprocessors in connection with Company’s use of the Platform. StudioNow will enter into a written agreement with each subprocessor containing data protection obligations no less protective than those in this DPA with respect to the protection of Personal Information. StudioNow shall be liable for the acts and omissions of its subprocessors to the same extent StudioNow would be liable if performing the services of each subprocessor directly under the terms of the Terms. Notwithstanding the above, where StudioNow engages a third party at the explicit direction of StudioNow (e.g., via a Platform integration activated by Company), Company acknowledges and agrees that Company, and not StudioNow, shall be liable for the acts or omissions of such third party. 

b. StudioNow shall make available to Company a current list of subprocessors for the Platform upon Company’s written request. StudioNow shall notify Company of any new subprocessor before authorizing that new subprocessor to process Personal Information in connection with Company’s use of the Platform. Company may object to StudioNow’s use of the new subprocessor by notifying StudioNow in writing within ten (10) business days after receipt of StudioNow’s notice. In the event Company objects to the new subprocessor, StudioNow will use commercially reasonable efforts to make available to Company a change in the Platform or Company’s configuration thereof to avoid processing of Personal Information by the objected-to new subprocessor. If StudioNow is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Company may terminate the part of the Platform which cannot be provided by StudioNow without the use of the objected-to new subprocessor by providing written notice to StudioNow.

4. Security. StudioNow shall maintain reasonable and appropriate technical and organizational measures for the protection, confidentiality, and integrity of Personal Information. StudioNow shall regularly monitor compliance with these measures, and shall not materially decrease the overall security of the Platform during its provision of the Platform pursuant to the Terms. StudioNow shall ensure that persons authorized to carry out processing have committed themselves to confidentiality or are under the appropriate statutory obligation of confidentiality. 

5. Incident Management and Notification. StudioNow maintains security incident management policies and procedures, and shall notify Company without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information transmitted, stored, or otherwise processed by StudioNow (a “Data Incident”). StudioNow shall make reasonable efforts to identify the cause of such Data Incident and take steps as StudioNow deems necessary and reasonable in order to remediate the cause of such Data Incident to the extent the remediation is within StudioNow’s reasonable control. 

6. Requests and Assistance. StudioNow shall, to the extent legally permitted, promptly notify Company if StudioNow receives a request from an individual, consumer, or data subject to exercise their rights under Applicable Data Protection Law or receives a request or complaint from a supervisory authority or other third party (“Request”). Taking into account the nature of the processing, StudioNow shall reasonably assist Company in the fulfilment of Company’s obligation to respond to the Request, and shall not respond to the Request without written approval from Company. Upon request by Company, StudioNow shall reasonably assist Company as necessary to carry out data protection impact assessments related to Company’s use of the Platform, and in the cooperation or prior consultation with supervisory authorities in the performance of StudioNow’s tasks relating to the data protection impact assessments. To the extent legally permitted, Company shall be responsible for any costs arising from StudioNow’s provision of assistance hereunder. Company acknowledges that StudioNow may not be able to fulfill Requests where doing so would interfere with StudioNow’s ability to comply with applicable law or legal obligation, or protect its rights or those of a third party.

7. Return and Destruction. StudioNow shall return or destroy all Personal Information at Company’s written request, when such Personal Information is no longer needed to provide the Platform, or sixty (60) days following termination of the Terms. StudioNow may retain Personal Information where necessary for StudioNow to comply with applicable law or legal obligation, or protect its rights or those of a third party.

8. Cross-Border Data Transfers. Company acknowledges that Personal Information will be stored and processed in the United States and other countries in which StudioNow or its subprocessors maintain facilities. By using the Platform, Company agrees to the transfer of Personal Information outside of the country in which it was provided. To the extent Personal Information is collected in the United Kingdom or European Union, Company and StudioNow hereby enter into the standard contractual clauses as attached hereto as Annex 1.

9. Audit. StudioNow agrees to submit, to the extent reasonably possible, any facilities where it processes Personal Information for audit to ascertain compliance with this DPA. Such audit shall be carried out upon the reasonable request of Company, with reasonable notice, at reasonable intervals (no greater than once per year), during normal business hours, and subject to the confidentiality provisions set forth in the Terms. Company is responsible for and shall reimburse StudioNow for any expenses associated with the audit. Company must receive written approval from StudioNow, at StudioNow’s own discretion, before using any third party auditor, and such third party auditor must submit to a duty of confidentiality with respect to the audit.

10. Liability. Company’s failure to comply with any of its obligations set forth in this DPA shall be considered a material breach of the Terms. In addition to any indemnification obligations in the Terms, Company agrees to indemnify, defend, and hold harmless StudioNow and its affiliates, subsidiaries, successors and assigns (and their officers, directors, employees, sublicensees, customers and agents) from and against any and all claims, losses, demands, liabilities, damages, settlements, expenses and costs (including attorneys’ fees and costs), arising from, in connection with, or based on allegations of, Company’s failure to comply with any of its obligations set forth in this DPA. To the maximum extent permitted by applicable law, each party’s aggregate liability under this DPA is subject to the limitation of liability in the Terms. Notwithstanding the above, Company’s indemnification obligation herein is not subject to any limitation of liability in the Terms.

Annex 1

Standard Contractual Clauses (processors)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection

The entity identified as “Company” in the DPA

(the “data exporter)

and

The entity identified as “StudioNow” in the DPA

(the “data importer”)

each a “party”; together “the parties”,

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Clause 1 

Definitions

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b) the data exporter’ means the controller who transfers the personal data;

(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d) ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e) the applicable data protection law means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

  1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary. 
  2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 
  3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses. 
  4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. 

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants: 

(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e) that it will ensure compliance with the security measures;

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j) that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d) that it will promptly notify the data exporter about:

(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,

(ii) any accidental or unauthorised access, and

(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;

(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.
  2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

  1. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

(b) to refer the dispute to the courts in the Member State in which the data exporter is established.

  1. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

  1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
  2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Subprocessing

  1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement. 
  2. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
  3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
  4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority. 

Clause 12

Obligation after the termination of personal data processing services

  1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
  2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

Appendix 1 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the parties. By you agreeing to the Terms, the parties will be deemed to have signed this Appendix 1. 

Data exporter

The data exporter is the entity identified as “Company” in the DPA.

Data importer

The data importer is the entity identified as “StudioNow” in the DPA.

Data subjects

Data subjects include the data exporter’s personnel, representatives, contractors, partners, vendors, and persons of interest.

Categories of data

The personal data which is processed by the data importer through the data exporter’s use of its services. The data exporter determines the types of data per each service used.

Processing operations

The personal data transferred will be subject to the processing activities required for performance of the services by data importer pursuant to the Terms. 

Data importer may use subprocessors in connection with its processing activities for data exporter.

Appendix 2 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the parties. By you agreeing to the Terms, the parties will be deemed to have signed this Appendix 2. 

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):

A. Data importer shall implement appropriate technical and organizational measures to protect personal data against accidental loss, destruction or alteration, unauthorized disclosure or access, or unlawful destruction, including the policies, and procedures and internal controls set forth in this Appendix 2.

B. More specifically, data importer’s technical and organizational measures shall include:

Access Control of Processing Areas

Data importer shall implement appropriate measures to prevent unauthorized persons from gaining access to the data processing equipment (namely telephones, database and application servers and related hardware) where the personal data are processed or used, including:

  • establishing security areas and physical controls;
  • protection and restriction of access paths;
  • establishing access authorizations for employees and third parties;
  • access to the data center where personal data are hosted is logged, monitored, and tracked; and
  • the data center where personal data are hosted is secured by a security alarm system, and other appropriate security measures.

Access Control to Data Processing Systems

Data importer shall implement appropriate measures to prevent data processing systems where personal data are processed and used from being used by unauthorized persons, including:

  • use of industry standard encryption technologies;
  • automatic temporary lock-out of user terminal if left idle, identification and password required to reopen;
  • automatic temporary lock-out of the user ID when several erroneous passwords are entered, log file of events, monitoring of break-in-attempts (alerts); and
  • access to data content is logged, monitored, and tracked.

Access Control to Use Specific Areas of Data Processing Systems

Data importer shall implement appropriate measures to help ensure that the persons entitled to use data processing system where personal data are processed and used are only able to access the data within the scope and to the extent covered by their respective access permission (authorization) and that personal data cannot be read, copied or modified or removed without authorization. This shall be accomplished by various measures including:

  • employee policies and training in respect of each employee’s access rights to the personal data;
  • allocation of individual terminals and /or terminal user, and identification characteristics exclusive to specific functions;
  • monitoring capability in respect of individuals who delete, add or modify the personal data;
  • release of data only to authorized persons, including allocation of differentiated access rights and roles;
  • use of industry standard encryption technologies; and
  • control of files, controlled and documented destruction of data.

Availability Control

Data importer shall implement appropriate measures to help ensure that personal data are protected from accidental destruction or loss, including:

  • infrastructure redundancy; and
  • backup is stored at an alternative site and available for restore in case of failure of the primary system

Transmission Control

Data importer shall implement appropriate measures to prevent the personal data from being read, copied, altered or deleted by unauthorized parties during the transmission thereof or during the transport of the data media. This is accomplished by various measures including:

  • use of industry standard firewall, VPN and encryption technologies to protect the gateways and pipelines through which the data travels;
  • providing user alert upon incomplete transfer of data (end to end check); and
  • data transmissions are logged, monitored and tracked.

Input Control

Data importer shall implement appropriate input control measures, including:

  • an authorization policy for the input, reading, alteration and deletion of data;
  • authentication of the authorized personnel;
  • protective measures for the data input into memory, as well as for the reading, alteration and deletion of stored data;
  • utilization of unique authentication credentials or codes (passwords) and 2 factor authentication;
  • providing that entries to data processing facilities (the rooms housing the computer hardware and related equipment) are kept locked;
  • automatic log-off of user ID’s that have not been used for a substantial period of time; 
  • proof established within data importer’s organization of the input authorization; and
  • electronic recording of entries.

Separation of Processing for different Purposes

Data importer shall implement appropriate measures to help ensure that data collected for different purposes can be processed separately, including:

  • access to data is separated through application security for the appropriate users;
  • modules within the data importer’s data base separate which data is used for which purpose, i.e. by functionality and function;
  • at the database level, data is stored in different normalized tables, separated per module, per controller or function they support; and
  • interfaces, batch processes and reports are designed for only specific purposes and functions, so data collected for specific purposes is processed separately.

Documentation

Data importer will keep documentation of technical and organizational measures in case of audits and for the conservation of evidence. Data importer shall implement appropriate measures to help ensure that its employees, agents, and subprocessors are aware of and comply with the technical and organizational measures set forth in this Appendix 2.

Monitoring

Data importer shall implement appropriate measures to monitor access restrictions to data importer’s system administrators and to help ensure that they act in accordance with instructions received. This is accomplished by various measures including:

  • individual appointment of system administrators;
  • adoption of measures to register system administrators’ access logs to the infrastructure and keep them secure;
  • audits of system administrators’ activity to assess compliance with assigned tasks and applicable laws; and
  • keeping an updated list with system administrators’ identification details (e.g. name, surname, function or organizational area) and tasks assigned.