Siemplify Data Processing and Security Terms (Customers)

These Data Processing and Security Terms, including their appendices (the “Terms”) are incorporated into the Agreement under which Siemplify has agreed to provide the use of the Services. For the avoidance of doubt, these Terms do not apply to Siemplify’s provisioning of Professional Services. The term “Customer,” used in these Terms, means Siemplify customers and authorized partners including, but not limited to, MSSPs, resellers, distributors or other similar representatives and their customers (“Customer”).

  1. 1. Commencement

    1. These Terms will be effective and replace any previously applicable data processing and security terms from the Terms Effective Date (as defined below).
  2. 2. Definitions

    1. 2.1     Capitalized terms defined in the Agreement apply to these Terms. In addition, in these Terms:

      • Additional Security Controls means security resources, features, functionality and/or controls which may be made available to Customer that Customer may use at its option and/or as it determines, encryption, logging and monitoring, identity and access management, security scanning, and firewalls.
      • Adequate Country means:
      •        (a)     for data processed subject to the EU GDPR: the EEA, or a country or territory that is the subject of an adequacy decision by the Commission under Article 45(1) of the EU GDPR;

               (b)     for data processed subject to the UK GDPR: the UK or a country or territory that is the subject of the adequacy regulations under Article 45(1) of the UK GDPR and Section 17A of the Data Protection Act 2018; and/or

               (c)     for data processed subject to the Swiss FDPA: Switzerland, or a country or territory that (i) is included in the list of the states whose legislation ensures an adequate level of protection as published by the Swiss Federal Data Protection and Information Commissioner, or (ii) is the subject of an adequacy decision by the Swiss Federal Council under the Swiss FDPA.

      • Customer Data has the meaning given in the Agreement or, if no such meaning is given, means data provided by or on behalf of Customer or Customer End Users via the Services under the Account.
      • Customer End Users has the meaning given in the Agreement or, if not such meaning is given, has the meaning given to “End Users” in the Agreement.
      • Customer Personal Data means the personal data contained within the Customer Data, including any special categories of personal data defined under European Data Protection Law.
      • Customer SCCs means the SCCs (EU Controller-to-Processor), the SCCs (EU Processor-to-Processor), the SCCs (EU Processor-to-Controller), and/or the SCCs (UK Controller-to-Processor), as applicable.
      • Data Incident means a breach of Siemplify security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Siemplify.
      • EEA means the European Economic Area.
      • EMEA means Europe, the Middle East and Africa.
      • EU GDPR means 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.
      • European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the Swiss FDPA.
      • European Law means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).
      • GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
      • Instructions has the meaning given in Section 5.2.1 (Customer’s Instructions).
      • Non-European Data Protection Law means data protection or privacy laws in force outside the EEA, the UK and Switzerland.
      • Notification Email Address means the email address(es) designated by Customer. Customer is responsible for ensuring that its Notification Email Address remains current and valid.
      • SCCs (EU Controller-to-Processor) means the terms at: www.siemplify.co/eu-scc#eu-controller-to-processor.
      • SCCs (EU Processor-to-Controller) means the terms at: www.siemplify.co/eu-scc#eu-processor-to-controller.
      • SCCs (EU Processor-to-Processor) means the terms at: www.siemplify.co/eu-scc#eu-processor-to-processor.
      • SCCs (UK Controller-to-Processor) means the terms at: www.siemplify.co/eu-scc#uk-controller-to-processor.
      • Security Measures has the meaning given in Section 7.1.1 ( Security Measures).
      • Subprocessor means a third party authorized as another processor under these Terms to have logical access to and process Customer Data in order to provide parts of the Services.
      • Supervisory Authority means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR and/or the Swiss FDPA.
      • Swiss FDPA means the Federal Data Protection Act of 19 June 1992 (Switzerland).
      • Term means the period from the Terms Effective Date until the end of Siemplify’s provision of the Services, including, if applicable, any period during which provision of the Services may be suspended and any post-termination period during which Siemplify may continue providing the Services for transitional purposes.
      • Terms Effective Date means the date on which Customer accepted, or the parties otherwise agreed to, these Terms.
      • UK GDPR means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act. The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in these Terms have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.
      2.2     The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in these Terms have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.
  3. 3. Duration

    1. Regardless of whether the Agreement has terminated or expired, these Terms will remain in effect until, and automatically expire when, Siemplify deletes all Customer Data as described in these Terms.
  4. 4. Scope of Data Protection Law

    1. 4.1     Application of European Law. The parties acknowledge that European Data Protection Law will apply to the processing of Customer Personal Data if, for example:

             (a)    the processing is carried out in the context of the activities of an establishment of Customer in the territory of the EEA or the UK; and/or

            (b)    Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services in the EEA or the UK, or the monitoring of their behavior in the EEA or the UK.

      4.2     Application of Non-European Law. The parties acknowledge that Non-European Data Protection Law may also apply to the processing of Customer Personal Data.

      4.3    Application of Terms. Except to the extent these Terms state otherwise, these Terms will apply irrespective of whether European Data Protection Law or Non-European Data Protection Law applies to the processing of Customer Personal Data.
  5. 5. Processing of Data

    1. 5.1.    Roles and Regulatory Compliance; Authorization.

            5.1.1.     Processor and Controller Responsibilities. If European Data Protection Law applies to the processing of Customer Personal Data:

                5.1.1.a.    the subject matter and details of the processing are described in Appendix 1;

                5.1.1.b.    Siemplify is a processor of that Customer Personal Data under European Data Protection Law;

                5.1.1.c.     Customer is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Law; and

                5.1.1.d.     Each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of that Customer Personal Data.

            5.1.2.     Processor Customers. If European Data Protection Law applies to the processing of Customer Personal Data and Customer is a processor:

                5.1.2.a.     Customer warrants on an ongoing basis that the relevant controller has authorized:

                    5.1.1.a.i.         the Instructions,

                    5.1.1.a.ii.         Customer’s appointment of Siemplify as another processor, and

                    5.1.1.a.iii.         Siemplify’s engagement of Subprocessors as described in Section 11 (Subprocessors);

                5.1.2.b.     Customer will immediately forward to the relevant controller any notice provided by Siemplify under Sections 5.2.3 (Instruction Notifications), 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests), 11.4 (Opportunity to Object to Subprocessor Changes) or that refers to any SCCs; and Customer will immediately forward to the relevant controller any notice provided by Siemplify under Sections 5.2.3 (Instruction Notifications), 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests), 11.4 (Opportunity to Object to Subprocessor Changes) or that refers to any SCCs; and

            5.1.3.     Responsibilities under Non-European Law. If Non-European Data Protection Law applies to either party’s processing of Customer Personal Data, the relevant party will comply with any obligations applicable to it under that law with respect to the processing of that Customer Personal Data.

      5.2.     Scope of Processing.

            5.2.1.     Customer’s Instructions. Customer instructs Siemplify to process Customer Personal Data only in accordance with applicable law:

                5.2.1.a.     to provide, secure, and monitor the Services;

                5.2.1.b.     as further specified via Customer’s use of the Services (including the and other functionality of the Services);

                5.2.1.c.     as documented in the form of the Agreement (including these Terms); and

                5.2.1.d.     as further documented in any other written instructions given by Customer and acknowledged by Siemplify as constituting instructions for purposes of these Terms (collectively, the “Instructions”).

            5.2.2.     Siemplify’s Compliance with Instructions. Siemplify will comply with the Instructions unless prohibited by European Law.

            5.2.3.     Instruction Notifications. Siemplify will immediately notify Customer if, in Siemplify’s opinion:

            (a)         European Law prohibits Siemplify from complying with an Instruction;

            (b)        an Instruction does not comply with European Data Protection Law; or

            (c)        Siemplify is otherwise unable to comply with an Instruction, in each case unless such notice is prohibited by European Law.

      This Section does not reduce either party’s rights and obligations elsewhere in the Agreement.
  6. 6. Data Deletion

    1. 6.1    Deletion by Customer. Siemplify will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, this use will constitute an Instruction to Siemplify to delete the relevant Customer Data from Siemplify’s systems in accordance with applicable law. Siemplify will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.

      6.2    Return or Deletion at the end of the Term. If Customer wishes to retain any Customer Data after the end of the Term, it may instruct Siemplify in accordance with Section 9.1 (Access; Rectification; Restricted Processing; Portability) to return that data during the Term. Customer instructs Siemplify to delete all remaining Customer Data (including existing copies) from Siemplify’s systems at the end of the Term in accordance with applicable law. After a recovery period of up to 30 days from that date, Siemplify will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.
  7. 7. Data Security

    1. 7.1     Siemplify’s Security Measures, Controls and Assistance.

         7.1.1     Siemplify’s Security Measures. Siemplify will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”). The Security Measures include measures to encrypt personal data; to help ensure ongoing confidentiality, integrity, availability and resilience of Siemplify’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. Siemplify may update the Security Measures from time to time provided that such updates do not result in a material reduction of the security of the Services.

          7.1.2     Access and Compliance. Siemplify will:

             7.1.2.a.    authorize its employees, contractors and Subprocessors to access Customer Personal Data only as strictly necessary to comply with Instructions;

             7.1.2.b.    take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance; and

             7.1.2.c.    ensure that all persons authorized to process Customer Personal Data are under an obligation of confidentiality

          7.1.3     Additional Security Controls. Siemplify may make Additional Security Controls available to:

             7.1.3.a.    allow Customer to take steps to secure Customer Data; and

             7.1.3.b.    provide Customer with information about securing, accessing and using Customer Data.

          7.1.4     Siemplify’s Security Assistance. Siemplify will (taking into account the nature of the processing of Customer Personal Data and the information available to Siemplify) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations under Articles 32 to 34 of the GDPR, by:

             7.1.4.a.    implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Siemplify’s Security Measures);

             7.1.4.b.    making Additional Security Controls available to Customer, where applicable, in accordance with Section 7.1.3 (Additional Security Controls);

             7.1.4.c.    complying with the terms of Section 7.2 (Data Incidents);

             7.1.4.d.    providing Customer with the information contained in the Agreement (including these Terms); and

             7.1.4.e.    if subsections (a)-(d) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.

      7.2     Data Incidents.

          7.2.1     Incident Notification. Siemplify will notify Customer promptly and without undue delay after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data.

          7.2.2     Details of Data Incident. Siemplify’s notification of a Data Incident will describe: the nature of the Data Incident including the Customer resources impacted; the measures Siemplify has taken, or plans to take, to address the Data Incident and mitigate its potential risk; the measures, if any, Siemplify recommends that Customer take to address the Data Incident; and details of a contact point where more information can be obtained. If it is not possible to provide all such information at the same time, Siemplify’s initial notification will contain the information then available and further information will be provided without undue delay as it becomes available.

          7.2.3     Delivery of Notification. Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address.

          7.2.4     No Assessment of Customer Data by Siemplify. Siemplify has no obligation to assess Customer Data in order to identify information subject to any specific legal requirements.

          7.2.5     No Acknowledgement of Fault by Siemplify. Siemplify’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Siemplify of any fault or liability with respect to the Data Incident.

      7.3     Customer’s Security Responsibilities and Assessment.

          7.3.1     Customer’s Security Responsibilities. Without prejudice to Siemplify’s obligations under Sections 7.1 (Siemplify’s Security Measures, Controls and Assistance) and 7.2 (Data Incidents), and elsewhere in the Agreement, Customer is responsible for its use of the Services and its storage of any copies of Customer Data outside Siemplify or Siemplify’s Subprocessors’ systems, including:

             7.3.1.a.    using the Services and Additional Security Controls, where applicable, to ensure a level of security appropriate to the risk to the Customer Data;

             7.3.1.b.    securing the account authentication credentials, systems and devices Customer uses to access the Services; and

             7.3.1.c.    backing up its Customer Data as appropriate.

          7.3.2     Customer’s Security Assessment. Customer agrees that the Services, Security Measures implemented and maintained by Siemplify, Additional Security Controls, where applicable, and Siemplify’s commitments under this Section 7 (Data Security) provide a level of security appropriate to the risk to Customer Data (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals).

      7.4     Reviews and Audits of Compliance.

          7.4.1     Customer’s Audit Rights.

      If European Data Protection Law applies to the processing of Customer Personal Data, Siemplify will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify Siemplify’s compliance with its obligations under these Terms in accordance with Section 7.4.2 (Additional Business Terms for Reviews and Audits). During an audit, Siemplify will make available all information necessary to demonstrate such compliance and contribute to the audit as described in this Section 7.4 (Reviews and Audits of Compliance).

          7.4.2     Additional Business Terms for Reviews and Audits.

      Siemplify may charge a fee (based on Siemplify’s reasonable costs) for any audit under Section 7.4.1. Siemplify will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit.

      Siemplify may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.4.1 if the auditor is, in Siemplify’s reasonable opinion, not suitably qualified or independent, a competitor of Siemplify, or otherwise manifestly unsuitable. Any such objection by Siemplify will require Customer to appoint another auditor or conduct the audit itself.
  8. 8. Impact Assessments and Consultations

    1. Siemplify will (taking into account the nature of the processing and the information available to Siemplify) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations under Articles 35 and 36 of the GDPR, by:

            (a)   providing Additional Security Controls, where applicable, in accordance with Section 7.1.3 (Additional Security Controls);

            (b)   providing the information contained in the Agreement (including these Terms); and

            (c)   if subsections (a) and (b) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.
  9. 9. Access etc.; Data Subject Rights; Data Export

    1. 9.1     Access; Rectification; Restricted Processing; Portability. During the Term, Siemplify will enable Customer, in a manner consistent with the functionality of the Services, to access, rectify and restrict processing of Customer Data, including via the deletion functionality provided by Siemplify as described in Section 6.1 (Deletion by Customer), and to export Customer Data. If Customer becomes aware that any Customer Personal Data is inaccurate or outdated, Customer will be responsible for using such functionality to rectify or delete that data if required by applicable European Data Protection Law.

      9.2     Data Subject Requests.

          9.2.1     Responsibility for Requests. During the Term, if Siemplify’s Cloud Data Protection Team receives a request from a data subject that relates to Customer Personal Data and identifies Customer, Siemplify will:

             9.2.1.a.    advise the data subject to submit their request to Customer;

             9.2.1.b.    promptly notify Customer; and

             9.2.1.c.    not otherwise respond to that data subject’s request without authorization from Customer.

      Customer will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.

          9.2.2     Siemplify’s Data Subject Request Assistance. Siemplify will (taking into account the nature of the processing of Customer Personal Data) assist Customer in fulfilling its (or, where Customer is a processor, the relevant controller’s) obligations under Chapter III of the GDPR to respond to requests for exercising the data subject’s rights by:

             9.2.2.a.    providing Additional Security Controls, where applicable, in accordance with Section 7.1.3 (Additional Security Controls);

             9.2.2.b.    complying with Sections 9.1 (Access; Rectification; Restricted Processing; Portability) and 9.2.1 (Responsibility for Requests); and

             9.2.2.c.    if subsections (a) and (b) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.
  10. 10. Data Transfers

    1. 10.1     Data Storage and Processing Facilities. Siemplify may store and process Customer Data anywhere Siemplify or its Subprocessors maintain facilities, subject to Siemplify’s obligations under this Section 10 (Data Transfers).

      10.2     Permitted Transfers. The parties acknowledge that European Data Protection Law does not require SCCs or an Alternative Transfer Solution in order for Customer Personal Data to be processed in or transferred to an Adequate Country (“Permitted Transfers”).

      10.3     Restricted Transfers. If the processing of Customer Personal Data involves any transfers that are not Permitted Transfers, and European Data Protection Law applies to those transfers (as certified by Customer under Section 10.4 (Certification by Non-EMEA Customers) if its billing address is outside EMEA) (“Restricted Transfers”), then:

            (a)     if Siemplify announces its adoption of an Alternative Transfer Solution for any Restricted Transfers, then Siemplify will ensure that Restricted Transfers they are made in accordance with that Alternative Transfer Solution; and/or

            (b)    if Siemplify has not adopted an Alternative Transfer Solution for any Restricted Transfers, then:

              i.    if Siemplify’s address is in an Adequate Country:

                  A.     the SCCs (EU Processor-to-Processor, Siemplify Exporter) will apply with respect to all Restricted Transfers from Siemplify to Subprocessors; and

                  B.     in addition, if Customer’s billing address is not in an Adequate Country, the SCCs (EU Processor-to Controller) will apply (regardless of whether Customer is a controller and/or processor) with respect to Restricted Transfers between Siemplify and Customer; or

              ii.    if Siemplify’s address is not in an Adequate Country:

                  A.     the SCCs (EU Controller-to-Processor) and/or SCCs (EU Processor-to-Processor) will apply (according to whether Customer is a controller and/or processor) with respect to Restricted Transfers between Siemplify and Customer that are subject to the EU GDPR and/or the Swiss FDPA; and

                  B.     the SCCs (UK Controller-to-Processor) will apply (regardless of whether Customer is a controller and/or processor) with respect to Restricted Transfers between Siemplify and Customer that are subject to the UK GDPR.

      10.3     Termination. If Customer concludes, based on its current or intended use of the Services, that the Alternative Transfer Solution and/or SCCs, as applicable, do not materially provide appropriate safeguards for Customer Personal Data in compliance with applicable data protection laws or regulations, then Customer may immediately terminate the Agreement by notifying Siemplify.
  11. 11. Subprocessors

    1. 11.1     Consent to Subprocessor Engagement. Customer specifically authorizes the engagement as Subprocessors of all Siemplify and affiliates from time to time, including including Google LLC, Google Ireland Limited, Google Cloud EMEA Limited, Google Asia Pacific Pte. Ltd., or any other entity that directly or indirectly controls, is controlled by, or is under common control with Google LLC. In addition, without prejudice to Section 11.4 (Opportunity to Object to Third-Party Subprocessors), Customer generally authorizes the engagement as Subprocessors of any other third parties (“New Subprocessors”).

      11.2     Information about Subprocessors. Information about subprocessors, including their functions and locations, is available at: https://www.siemplify.co/list-of-sub-processors/ (as may be updated by Siemplify and/or Google from time to time in accordance with these Terms).

      11.3     Requirements for Subprocessor Engagement.

          11.3.1     When engaging any Subprocessor, Siemplify will:

              11.3.1.a.     ensure via a written contract that:

                  11.3.1.a.i.     the Subprocessor only accesses and uses Customer Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Terms); and

                  11.3.1.a.ii.     if the processing of Customer Personal Data is subject to European Data Protection Law, the data protection obligations described in these Terms (as referred to in Article 28(3) of the GDPR, if applicable), are imposed on the Subprocessor; and

              11.3.1.b.     remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.

      11.1     Opportunity to Object to Third-Party Subprocessors.

              11.4.1.a.     When any New Subprocessor is engaged during the Term, Siemplify will, at least 10 days before the New Subprocessor starts processing any Customer Data, notify Customer of the engagement (including the name and location of the relevant subprocessor and the activities it will perform).

              11.4.1.b.     Customer may, within 30 days after being notified of the engagement of a New Subprocessor, object by immediately terminating the Agreement for convenience by notifying Siemplify.
  12. 12. Cloud Data Protection Team Processing Records

    1. 12.1     Siemplify’s Cloud Data Protection Team. Siemplify’s Cloud Data Protection Team will provide prompt and reasonable assistance with any Customer queries related to processing of Customer Personal Data under the Agreement and can be contacted at siemplify-gtm@google.com (and/or via such other means as Siemplify may provide from time to time).

      12.2     Siemplify’s Processing Records. Siemplify will keep appropriate documentation of its processing activities as required by the GDPR. To the extent the GDPR requires Siemplify to collect and maintain records of certain information relating to Customer, Customer will, where requested, supply such information to Siemplify (either via the Admin Console or via another means specified by Siemplify) and keep it accurate and up-to-date. Siemplify may make any such information available to the Supervisory Authorities if required by the GDPR.

      12.3     Controller Requests. During the Term, if Siemplify’s Cloud Data Protection Team receives a request or instruction from a third party purporting to be a controller of Customer Personal Data, Siemplify will advise the third party to contact Customer.
  13. 13. Interpretation

    1. 13.1     Precedence. To the extent of any conflict or inconsistency between:

            13.1.1.a.       these Terms and the remainder of the Agreement, these Terms will prevail; and

            13.1.1.b.       any Customer SCCs (which are incorporated by reference into these Terms) and the remainder of the Agreement (including these Terms), the Customer SCCs will prevail.

            13.1.1.c.       Legacy MCCs. The SCCs will, as of the Transition Date, supersede and terminate any Model Contract Clauses approved under Directive 95/46/EC and previously entered into by Customer and CyArx Inc.. The “Transition Date” means: (a) if Customer’s billing address is outside EMEA, and the processing of Customer Personal Data is subject to European Data Protection Law: 27 October 2021; or (b) otherwise, 27 September 2021.

      Where CyArx Inc. is not a party to the Agreement, CyArx Inc. will be a third party beneficiary of this Section 13.2.

      13.2     No Modification of SCCs. Nothing in the Agreement (including these Terms) is intended to modify or contradict any SCCs or prejudice the fundamental rights or freedoms of data subjects under European Data Protection Law.
  14. 14. Appendix 1

    1.         Subject Matter and Details of the Data Processing

      Subject Matter

      Siemplify’s provision of the Services to Customer.

      Duration of the Processing

      The Term plus the period from the end of the Term until deletion of all Customer Data by Siemplify in accordance with the Terms.

      Nature and Purpose of the Processing

      Siemplify will process Customer Personal Data for the purposes of providing the Services to Customer in accordance with the Terms.

      Categories of Data

      Data relating to individuals provided to Siemplify via the Services, by (or at the direction of) Customer or by Customer End Users.

      Data Subjects

      Data subjects include the individuals about whom data is provided to Siemplify via the Services by (or at the direction of) Customer or by Customer End Users.
  15. 15. Appendix 2

    1.        Security Measures

      As from the Terms Effective Date, Siemplify will implement and maintain the Security Measures described in this Appendix 2.

          (1)     Network Security

      External Attack Surface. CyArx employs multiple layers of network devices and intrusion detection to protect its external attack surface. Siemplify considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.

      Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Siemplify’s intrusion detection involves:

            i.    tightly controlling the size and make-up of Siemplify’s attack surface through preventative measures;

            ii.    employing intelligent detection controls at data entry points; and

            iii.   employing technologies that automatically remedy certain dangerous situations.

      Incident Response. Siemplify monitors a variety of communication channels for security incidents, and Siemplify’s security personnel will react promptly to known incidents.

      Encryption Technologies. Siemplify makes HTTPS encryption (also referred to as SSL or TLS connection) available. Siemplify servers support an internal ephemeral elliptic curve Diffie-Hellman cryptographic method implemented applicatively to encrypt server and remote agent data end to end and also for SSL encryption between server, publisher and agent components..

          (2)     Access Control

      Infrastructure Security Personnel. Siemplify has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Siemplify’s infrastructure security personnel are responsible for the ongoing monitoring of Siemplify’s security infrastructure, the review of the Services, and responding to security incidents.

      Access Control and Privilege Management. Customer’s administrators and Customer End Users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Services.

      Internal Data Access Processes and Policies – Access Policy. Siemplify’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process personal data. Siemplify designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. Siemplify employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel.Siemplify’s authentication and authorization systems utilize SSH certificates and security keys, and are designed to provide Siemplify with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Siemplify 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; and a need to know basis. The granting or modification of access rights must also be in accordance with Siemplify’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 that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength. For access to extremely sensitive information (e.g., credit card data), Siemplify uses hardware tokens.

          (3)     Data

      Siemplify is committed to maintaining the highest standards of security, integrity and data protection. For details regarding the security measures, please refer to: https://www.manula.com/manuals/siemplify/siemplify-cloud/all.versions/en/topic/security-and-compliance.

          (4)     Personnel Security

      Siemplify personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Siemplify conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations. Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Siemplify’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Data are required to complete additional requirements appropriate to their role (e.g., certifications). Siemplify’s personnel will not process Customer Data without authorization.

          (5)     Subprocessor Security

      Before onboarding Subprocessors, Siemplify conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Siemplify has assessed the risks presented by the Subprocessor, then subject to the requirements described in Section 11.3 (Requirements for Subprocessor Engagement) of these Terms, the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.