PREAMBLE
The End User (the individual or entity that directly interacts with and uses the services provided by AUTOMASK AI Platform and NavInfo Europe B.V. have entered into a Data Processing Agreement on the day of opening and Account (“Agreement”). This Agreement describes the scope of the services provided by NavInfo Europe B.V. (“Services“).
All Services will be solely provided by NavInfo Europe B.V. (“NIE”, “processor”).
While providing the Services, NIE will process personal data within the meaning of Art. 4(1) and (2) of Regulation (EU) 2016/679 for which The End User (“controller”) is responsible as provided under Art. 4 (7) of Regulation (EU) 2016/679.
To regulate the data protection obligations of the Parties under the Agreement and to ensure that such processing will only be rendered on behalf of and under the Instructions of The End User and NIE in accordance with Art. 28 of Regulation (EU) 2016/679 the Parties hereby agree to enter into standard contractual clauses regarding European Commission implementing decision of June 4th 2021 between controllers and processors under Article 28 (7) of Regulation (EU) 2016/679 by completing and executing ANNEX A of this Data Processing Agreement.
ANNEX A
STANDARD CONTRACTUAL CLAUSES
SECTION I
Clause 1
Purpose and scope
(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 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).
(b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29 (3) and (4) Regulation (EU) 2018/1725.
(c) These Clauses apply to the processing of personal data as specified in Annex II.
(d) Annexes I to IV are an integral part of the Clauses.
(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
Clause 2
Invariability of the Clauses
(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
Clause 3
Interpretation
(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.
(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
Clause 4
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 5
Docking Clause
(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.
(b) Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.
(c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 6
Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.
Clause 7
Obligations of the Parties
7.1 Instructions
(a) The processor shall process personal data only as necessary to provide the automated anonymization service for peoples’ faces and license plates of vehicles, as defined in the description of the service. The nature and scope of this processing are inherent to the service and do not rely on additional instructions from the controller. If further processing is required by Union or Member State law, the processor shall inform the controller of that legal requirement before processing, unless prohibited by law on important grounds of public interest.
(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.
7.2 Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.
7.3 Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Annex II.
7.4 Security of processing
(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.5 Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.
7.6 Documentation and compliance
(a) The Parties shall be able to demonstrate compliance with these Clauses.
(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses. (these inquiries can be directed to support@automask.ai).
(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and ‘Terms and Conditions’ and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.1
(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.
7.7 Use of sub-processors
(a) The processor shall not subcontract any of its processing operations performed on behalf of the controller in accordance with these Clauses to a sub-processor, without the controller’s prior specific written authorisation. The processor shall submit the request for specific authorisation at least three weeks prior to the engagement of the sub-processor in question, together with the information necessary to enable the controller to decide on the authorisation. The list of sub-processors authorised by the controller can be found in Annex IV. The Parties shall keep Annex IV up to date.
(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby – in the event the processor has factually disappeared, ceased to exist in law or has become insolvent – the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
7.8 International transfers
(a) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.
Clause 8
Assistance to the controller
(a)The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions
(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
- the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
- the obligation to consult the competent supervisory authority/ies 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;
- the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
- the obligations in Article 32 Regulation (EU) 2016/679.
(d) The Parties shall set out in Annex III the appropriate technical and organizational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required
Clause 9
Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 Regulation (EU) 2016/679 or under Articles 34 and 35 Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.
9.1 Data breach concerning data processed by the controller In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
(b) in obtaining the following information which, pursuant to Article 33(3) Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:
i. the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
ii. the likely consequences of the personal data breach;
iii. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(c) in complying, pursuant to Article 34 Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:
(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
(b) the details of a contact point where more information concerning the personal data breach can be obtained;
(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.
SECTION III – FINAL PROVISIONS
Clause 10
Non-compliance with the Clauses and termination
(a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
- the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
- the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725; the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.
(d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so. Until the data is deleted, the processor shall continue to ensure compliance with these Clauses.
ANNEX I: LIST OF PARTIES
Controller(s):
As outlined in the accepted Terms and Conditions (section 1.4): “The End User”
Processor(s):
Company: NavInfo Europe B.V.
Name: Michael Schuerdt, Director NavInfo Europe B.V.
Address: Luchthavenweg 34
5657 EB, Eindhoven
The Netherlands
DPO: support@automask.ai
ANNEX II: DESCRIPTION OF THE PROCESSING
Categories of data subjects whose personal data is processed
Pedestrians (peoples’ faces) and owners of cars (license plates of vehicles), users of the public road infrastructure.
Sensitive data2 processed (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.
- No sensitive data will be processed
Nature of the processing
- Processing of personal data is limited to automated reviews to identify predefined features such as license plates of vehicles and peoples’ faces
- Personal data are removed by blurring, an irreversible anonymization technique.
Purpose(s) for which the personal data is processed on behalf of the controller
- Remove the personal data from the files provided by the controller via the AUTOMASK AI Platform, to enable compliance with regulatory requirements.
Duration of the processing
- The entire process at the processor depends on the volume of data that is uploaded by The End User to the AUTOMASK AI Platform, and is expected to have a duration limited in time (from seconds to hours).
For processing by (sub-) processors, also specify subject matter, nature and duration of the processing
- Transfer (upload) to (sub-) processor only takes place to make use of their computing and processing power. Once the processing of personal data, the actual anonymization process is completed and the processed data has been successfully transferred back to the controller (via download link), the personal data is removed immediately from the (sub-) processors cloud environment.
ANNEX III: TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
EXPLANATORY NOTE:
The below principles for data protection lie at the heart of our approach to processing personal data:
- Purpose legitimacy and specification,
- Data minimization,
- Use, retention, and disclosure limitation,
- Accuracy and quality. Secure development policy. Privacy by design and privacy by default,
- Information security,
- Accountability,
- Privacy compliance.
All data protection measures (organizational, technical, administrative) implemented are designed around these principles.
Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services
We understand the requirements of confidentiality, integrity, and availability for the personal data we process. We have therefore implemented the appropriate information security measures to guarantee confidentiality, integrity, and availability of personal data and the processing systems and services. All measures described in this annex contribute to this goal.
Measures of encryption of personal data
Anonymization, as our core business, is used to remove personal data from the data sets/files.
Whilst using secure channels for transmission of personal data, encryption is used to provide assurance that the content cannot be understood if it is intercepted.
Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
This key point is taken into consideration during the information risk assessment and the selection of appropriate security measures. As result, a Business Continuity plan has been implemented for protecting personal data and for restoring the availability and access to personal data in a timely manner in adverse situations. Measures are taken to ensure the systems can continue operating under adverse conditions, such as those that may result from a physical or technical incident.
Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing
We test, assess, and evaluate the effectiveness of our policies, processes, procedures, and controls by means of reviews, (technical) audits, vulnerability scanning, penetration testing and disaster recovery. We are compliant with the EU GDPR law and are certified against the proven ISO/IEC 270013 information security and the ISO/IEC 27701 privacy standards.
Measures for user identification and authorization
A strict access control policy and process have been established. We have installed appropriate access controls to personal data, network, network services, and systems that process personal data, by means of authentication and authorization of users.
Review and adjustment of user access rights and user access controls is performed at regular intervals.
Measures for the protection of data during transmission
Personal data is encrypted during (digital) transmission, ensuring its privacy and integrity. This means that personal data remains confidential and cannot be modified.
Measures for the protection of data during storage
Access to personal data, network, network services, and systems that process personal data is strictly controlled.
Access control by using passwords is implemented to protect personal data during storage.
We adhere to the storage limitation principle for the protection of personal data, which means that the personal data is not kept for longer than needed for the purposes of processing. The privacy policies stipulate the limitation principle, the retention periods and the requirements and rules for processing of personal data. After the expiration of the retention period, the personal data is permanently removed.
Measures for ensuring physical security of locations at which personal data are processed
Security incidents can occur due to the theft or loss of equipment, the abandonment of old computers or hard-copy records being lost, stolen, or incorrectly disposed of. Therefore, the technical measures implemented for personal data protection include also physical preventive measures, as follows:
- Access barriers secured with badge,
- Locking key doors with physical locks,
- High quality doors and locks are used, and the premises are protected by means of alarms, security lighting and data protection compliant video surveillance,
- In addition, access to the premises is strictly controlled by means of badges, and visitors are registered and supervised during their entire visit.
Measures for internal IT and IT security governance and management
We are committed to protecting the privacy and security of personal data and implicitly the privacy of the data subjects. Therefore, we have implemented reasonable organizational, technical, and administrative security measures to ensure an appropriate level of security, considering the nature, scope, context, and purpose of the processing, as well as the risks for the rights and freedoms of natural persons.
The security measures are in accordance with the EU GDPR legislation, the ISO/IEC 27001 (and associated standards), and the ISO/IEC 27701 standard and are contained by the ISMS (Information Security Management System) and PIMS (Personal Information Management System).
In the IT context, considering (information, cyber-) security, the below (technical) measures have been implemented. All measures are designed to ensure the confidentiality, integrity and availability of our systems and services and the personal data we process within them.
The approach is based on four aims:
- Managing security risks,
- Protecting personal data against cyber-attack,
- Detecting security events, and
- Minimizing the impact.
Managing security risk:
- We have implemented appropriate organizational structures, policies, and processes in place to understand, assess and systematically manage security risks to personal data,
- We have appropriate data protection and information security policies and processes in place,
- We have setup the appropriate accountability and governance structure and appointed a Data Protection Officer,
- We have installed a risk management process for the identification, assessment, and treatment of security risks to personal data and the systems that process this data,
- Beyond this, where the processing is likely to result in a high risk to the rights and freedoms of individuals, we are able to perform (or support the data controller in performing) a Data Protection Impact Assessment (DPIA) to determine the impact of the intended processing on the protection of personal data.
Protecting personal data against cyber-attack:
- We have proportionate security measures in place to protect against cyber-attack which cover the personal data we process and the systems that process the personal data by:
- Identity and access control:
- Proper management of access rights to personal data,
- Authentication and authorization of users that can access personal data,
- Preventing users from downloading, transferring, altering, or deleting personal data where there is no legitimate organizational reason to do so,
- Robust password policy and removal of unused accounts.
- Data security:
- We have implemented processes and technical controls to prevent unauthorised or unlawful processing of personal data, whether through unauthorised access to user devices or storage media, backups, interception of data in transit or at rest.
- System security:
- We have implemented appropriate technical and organisational measures to protect systems, technologies and digital services that process personal data from cyber-attack:
- actively managing vulnerabilities,
- managing end user devices,
- encrypting personal data at rest on devices,
- encrypting personal data when transmitted electronically,
- ensuring that web services are protected from common security vulnerabilities,
- ensuring the processing environment remains secure throughout its lifecycle.
- We also perform regular testing to evaluate the effectiveness of the security measures, including virus and malware scanning, vulnerability scanning and penetration testing. We record the results of testing and create remediating action plans.
Detecting security events:
- We detect security events that affect the systems that process personal data and monitor authorized user access to that data.
- Security monitoring:
- We monitor the status of systems processing personal data and monitor user access to personal data,
- We record user access to personal data. Where unexpected events or indications of a personal data breach are detected, we apply the data breach processes in an appropriate timeframe.
Minimizing the impact:
- Response and recovery planning: we have well-defined and tested incident management processes in place in case of personal data breaches,
- Where the loss of availability of personal data could cause harm, we have measures in place to ensure appropriate recovery. This includes the Business Continuity Plan and maintaining (and securing) appropriate backups.
Measures for certification/assurance of processes and products
We adhere to the privacy compliance principle for data protection, meaning that we are compliant with all relevant requirements, guidelines, expectations, relevant privacy law(s) and with all security, data protection and privacy policies and procedures.
We have implemented an Information Security Management System (ISMS) in compliance with the ISO/IEC 27701 (information security) standard and we have been certified against this standard by an external certification body.
We have implemented a privacy management framework (PIMS – Personal Information Management System) in compliance with the EU GDPR law and the ISO/IEC 27701 (privacy) standard that embeds the accountability and governance measures and created a culture of privacy across the organisation.
By applying the procedures, templates, and the other relevant ISMs and PIMS assets, compliance can be assured.
In addition, for assurance, we test, assess, and evaluate our control environment using measures such as audits, vulnerability scanning, penetration testing and accreditation against proven security standards (ISO/IEC 27001 and associated standards) and state of the art technology and guidelines of good practice.
Measures for ensuring data minimization
Adhering to the fundamental data protection principles of data minimization and purpose limitation, we process personal data only for the specific purpose(s) of the processing as specified in the relevant agreements. The minimization principle is applied to all activities that entail processing of personal data, meaning, processing, access, storage, disclosure, and transfer.
Measures for ensuring data quality
By adhering to the accuracy and quality principles of data protection, we have implemented measures to ensure that the data processed is accurate, complete, adequate, and relevant for the purpose of use, as specified in the relevant (customer) agreements.
The basic principles of secure development, privacy by design and privacy by default are therefore applied.
We have established data processing procedures and systems to ensure accuracy and quality, and control mechanisms to periodically check the accuracy and quality of the processed and stored personal data.
Measures for ensuring limited data retention
Adhering to the use, retention, and disclosure limitation principle of data protection, we limit the use, retention, and disclosure (including transfer) of personal data to that which is necessary to fulfil specific, legitimate purposes, as the ones stipulated in the (customer) agreements.
Personal data is not retained longer than needed for the predefined purpose(s). The data is securely disposed of, in a secure manner, as agreed upon with the data controller and/or the sub-processor(s).
Measures for ensuring accountability
We adhere to the accountability principle for data protection. We therefore take the responsibility for complying with the EU GDPR law at the highest management level and throughout the entire organisation. We have implemented a suitable accountability and governance structure to enable compliance.
We have implemented an Information Security Management System (ISMS) in compliance with the ISO/IEC 27701 (information security) standard. We have implemented a privacy management framework (PIMS – Personal Information Management System) in compliance with the EU GDPR law and the ISO/IEC 27701 (privacy) standard that embeds the accountability and governance measures and created a culture of privacy across the organisation.
We have put in place appropriate technical and organizational measures to meet the requirements of accountability and governance:
- adopting and implementing data protection policies,
- taking a data protection by design and default approach,
- putting written contracts in place with organizations that process personal data on our behalf,
- maintaining documentation of our processing activities,
- implementing appropriate security measures,
- recording and, where necessary, reporting personal data breaches,
- carrying out data protection impact assessments for uses of personal data that are likely to result in high risk to individuals’ interests,
- appointing a data protection officer.
We review and, where necessary, update the measures at appropriate intervals.
Measures for allowing ensuring erasure
In compliance with the requirements and the privacy policy, upon expiration of the retention period, personal data is disposed of.
For this purpose, we have implemented processes for review and execution of the relevant steps.
For transfers to (sub-) processors, also describe the specific technical and organizational measures to be taken by the (sub-) processor to be able to provide assistance to the controller
The (sub-) processor(s) must implement all technical and organisational measures described in this Annex, and in case (some of) the measures are not feasible, similar measures must be implemented. The measures must fully comply with all relevant (legal) requirements.
Description of the specific technical and organizational measures to be taken by the processor to be able to provide assistance to the controller.
In event of a data breach concerning the data controller, we are able to cooperate with and assist the data controller to comply with its legal obligations.
In the event of a personal data breach, we have processes that enable us to act in a proper way to:
- understand the root cause,
- report the breach to the controller and, where appropriate, affected individuals,
- where appropriate (or required), report to other relevant bodies,
- and (support the controller to) take appropriate remediating action.
ANNEX IV: LIST OF SUB-PROCESSORS
EXPLANATORY NOTE:
The controller has authorised the use of the following sub-processors:
- Name: AMAZON WEB SERVICES (AWS)
Description of the processing (including a clear delimitation of responsibilities in case several sub-processors are authorised):
The cloud computing services provided by Amazon.com, Inc. enable the processing of personal data on behalf of the controller, in accordance with this DPA.
