Y Soft - Data Protection Addendum (DPA)

1. DEFINITIONS

Capitalized terms used in this DPA but not defined herein shall have the meaning given to them in the Terms of Use and Applicable Data Protection Law.

“Applicable Data Protection Law” means all data privacy or data protection laws and regulations applicable to the processing of Personal Data under the Terms of Use, which include the EU General Data Protection Regulation EU/2016/679, as supplemented by applicable EU Member State law and as incorporated into the EEA Agreement.

“Personal Data” means personal data Processed by Provider for the purposes of Service provided under the Terms of Use.
“Data Subject” means the identified or identifiable natural person to whom Personal Data relates.

“Technical Documentation” Means any documentation, specifications, technical manuals, user manuals and other written information (regardless of the form of such documentation, if in hardcopy or electronic one) that describe the functionality and use of SAFEQ Cloud Solution or its part provided to Company under the Terms of Use.

“Third-Party service” means a cloud-based, on-premises, mobile or other software application functionality that interoperates with the SAFEQ Cloud Solution, that is operated by Company or a third party.

“Service” means hosting and management services, technical support and other activities to be supplied to or carried out by Provider in relation to Company’s use of SAFEQ Cloud Solution pursuant to the Terms of Use.

“Standard Contractual Clauses” means the European Commission’s Standard Contractual Clauses between controllers and processors Implementing Decision (EU) 2021/915 as attached to this DPA.

“Third Country” means a country or territory outside the EEA that is not subject to a finding by the European Commission that the territory provides adequate protection for the privacy rights of individuals.

2. RELATIONSHIP AND PROCESSING OF DATA BY THE PARTIES

2.1 ROLE OF THE PARTIES
Under the Terms of Use, Provider shall provide Services to Company, that include processing of Personal Data. To the extent Provider is a processor of Personal Data, the Standard Contractual Clauses govern that processing. Company and Provider agree that Company will act as controller of Personal Data and Provider is the processor of such data. Provider will process Personal Data only on documented instructions received from Company.

2.2 COMMUNICATIONS
Where instructions or are to be given to the Provider under the DPA, they must be directed also to the Provider’s Data Protection Officer (DPO) at dpo@ysoft.com. Provider may change the contact for its DPO by notifying the Company in writing (original signature not required) or by electronic means. The change will take effect immediately upon receipt of such notification.

3. INSTRUCTIONS

3.1 PROCESSING INSTRUCTIONS
Provider shall not Process Personal Data other than in accordance with the Company’s documented instructions unless the processing is required by applicable laws. The Agreement, applicable Technical Documentation and the DPA will be considered as the only documented instructions relevant to the purposes of this DPA as of the date of signature of this DPA. Any customizations performed by Provider for the Company and configurations performed by the Company and/or individual user using the Service on Company’s behalf are considered Company’s instructions. Any other instructions will be agreed upon separately; provided, however, that such instructions are (a) reasonable instructions; (b) approved and accepted by Provider; and (c) consistent with the terms of the Agreement and Applicable Data Protection Laws. Unless otherwise specified in the DPA, Company agrees it will not provide the Provider with any sensitive or special categories of Personal Data that impose specific data security or data protection obligations on Provider in addition to or different from those specified in this DPA (including any appendix to the DPA) or Agreement.

4. COMPLIANCE WITH APPLICABLE LAWS

4.1
Company must ensure that its use of the Services and use of the Services by individual users on its behalf is compliant with Applicable Data Protection Laws and undertakes, in particular, to:

define the grounds of lawfulness to each processing activity and act accordingly, namely, obtain and keep records of the necessary consents;
provide information to the data subjects as required by the Applicable Data Protection Laws; and
appoint a data protection officer if required by the Applicable Data Protection Laws and, if not, have at least one person responsible for data protection matters available to be contacted by data subjects.

5. SUB-PROCESSORS

5.1 GENERAL AUTHORIZATION
Company acknowledges and agrees that Provider may use Provider Affiliates and other Sub-processors (as defined in Data Protection Law) to process Personal Data in accordance with the provisions of this DPA and Data Protection Laws. Where the Provider subcontracts any of its rights or obligations concerning Personal Data, including to any Affiliate, Provider will take steps to select and retain Sub-processors that are capable of maintaining appropriate privacy and security measures to protect Personal Data consistent with Data Protection Laws and this DPA and will remain liable for the performance of all its obligations under the Agreement and this DPA, whether or not performed by Provider, its Affiliates or Sub-processors.

5.2 LIST OF SUB-PROCESSORS
Provider’s Sub-processor List is available on Provider’s website (the “Sub-processor List”), and notice regarding new Provider Sub-processors is made available through a subscription mechanism as described on the Provider website.

5.3 NOTIFICATION OF NEW SUB-PROCESSORS
Company agrees to subscribe to the Sub-processor List for Provider to notify Company of new Sub-processor(s) for the applicable Provider Services. Provider will maintain an up-to-date list of its Sub-processors, and it will provide Company with thirty (30) days’ prior notice of any new Sub-processor added to the list. Company shall have the right to object as set forth below.

5.4 OBJECTION RIGHT FOR NEW SUB-PROCESSORS
Company may object to Provider's appointment or replacement of a Sub-Processor prior to its appointment or replacement, provided such objection is in writing, sent to Provider, and based on reasonable grounds relating to data protection. In such event, the Parties shall discuss commercially reasonable alternative solutions in good faith. If the Parties cannot reach resolution, Provider will use reasonable efforts to make available to Company a change in the Services or recommend a commercially reasonable change to Company’s use of the Services to avoid processing of Personal Data by the objected-to Sub-processor without a material change to Company’s use of the affected Services. Company may, in its sole discretion, terminate the Agreement if the Provider is not able to provide a reasonable change to cure Company’s Sub-processor objection. Provider will refund Company any prepaid fees covering the remainder of the Service term of following the effective date of termination under clause in the preceding sentence with respect to such terminated Service. If Company does not object to the appointment of a new Sub-Processor within thirty (30) days after being provided the details from the Provider, the appointment or replacement of the relevant Sub-Processor shall be deemed approved by the Company.

6. QUERIES OF DATA SUBJECTS

6.1 DATA SUBJECT REQUEST
If Provider receives a Data Subject Request, Provider will not respond directly to the Data Subject and will instead direct the Data Subject to directly contact the Company.

6.2 OTHER PROHIBITIONS
To the extent Company in its use of the Service, does not have the ability to address a Data Subject Request, Provider shall upon request provide commercially reasonable efforts to assist Company in responding to such Data Subject Request, to the extent Provider is legally permitted to do so and the response to such Data Subject Request is required under Applicable Data Protection Law.

7. INTERNATIONAL DATA TRANSFERS

7.1 PROVIDER LOCATIONS
Company acknowledges that, as of the Effective Date of this DPA, Provider maintains personnel in the Third Countries, that may participate in provision of Service, and it is possible that some Personal Data are therefore accessed from a Third Country in which case Provider will take such technical and organizational measures as are necessary to ensure security of the processing.

7.2 TRANSFER MECHANISM
Standard contractual clauses as approved by the European Union for the transfer of Personal Data from the European Union to processors established in Third Countries will apply to Personal Data that is transferred to Provider’s authorized Sub-Processor located in any Third Country.

8. SECURITY

8.1 COMPANY RESPONSIBILITIES
Company acknowledges that the Services include certain features and functionalities that Company or individual users may elect to use that impact the security of the data processed by the use of the Services, such as, but not limited to, availability of multi-factor authentication and/or single-sign-on on accounts used to access the Services. Company is responsible for reviewing the information Provider makes available regarding its data security, including its audit reports, and making an independent determination as to whether the Services meets the Company’s requirements and legal obligations, including its obligations under this DPA. Company is further responsible for properly configuring the Services and using available features and functionalities to maintain appropriate security considering the nature of the data processed by the use of the Services.

8.2 INTEGRATION WITH THIRD-PARTY SERVICES
If Company chooses to connect Service with Third-Party service: a) Third-Party service providers are not deemed Provider’s Sub-Processors for the purposes of this DPA; and b) Company grants Provider permission to access and use its information from that service as permitted by Third-Party service which might include Personal Data. Company will be solely responsible for operating the third-party service in compliance with the Applicable Data Protection Law.

8.3 PERSONAL DATA BREACH
Provider will notify Company without undue delay upon becoming aware of any Data Breach and will assist Company in Company’s compliance with its Data Breach-related obligations, including, without limitation, by:

Taking commercially reasonable steps to mitigate the effects of the Data Breach and reduce the risk to Data Subjects whose Personal Data was involved; and
Providing Company with the following information, to the extent known:

The nature of the Data Breach, including, where possible, how the Data Breach occurred, the potential categories and approximate number of Data Subjects concerned, and the categories and approximate number of Personal Data records concerned;
The likely consequences of the Data Breach; and
Measures taken or proposed to be taken by Provider to address the Data Breach, including, where appropriate, measures to mitigate its possible adverse effects and causes.

Provider’s obligation to report a Data Breach under this DPA is not and will not be construed as an acknowledgement by Provider of any fault or liability of Provider with respect to such Data Breach. Company is solely responsible for determining whether to notify impacted Data Subjects and for providing such notice, and for determining whether relevant supervisory authorities need to be notified of a Data Breach as may be required for Company’s own business and activities. Notwithstanding the foregoing, Company agrees to reasonably coordinate with Provider on the content of Company’s intended public statements or required notices for affected Data Subjects and/or notices to relevant supervisory authorities regarding the Data Breach. Provider shall, to the extent required by Applicable Data Protection Laws, notify Company without undue delay after becoming aware of any Personal Data Breach. To the extent such Personal Data Breach is caused by a violation of the requirements of this DPA by Provider, Provider shall make all reasonable efforts to identify and remediate the cause of such Personal Data Breach to the extent the remediation is within Provider’s control. The obligations herein shall not apply to incidents that are caused by Company or Company’s authorized users of the Service.

9. AUDITS

9.1 THIRD-PARTY CERTIFICATIONS AND AUDITS
Provider uses external auditors to verify the adequacy of its security measures with respect to its processing of Personal Data. Such audits are performed at Provider’s expense by independent third-party security professionals at Provider’s selection and result in the generation of a confidential audit report.

9.2 AUDIT REPORTS
Upon Company’s written request, Provider will provide to Company a copy of Provider’s most recent audit report(s).

10. GOVERNING LAW AND JURISDICTION, DISPUTE RESOLUTION

10.1
This DPA and any non-contractual obligations arising out of or in connection with it shall be governed, construed, interpreted, and applied in accordance with the laws of the Czech Republic.

10.2
In the event of any dispute arising out of or relating to the DPA, the parties shall use their best efforts to settle the dispute amicably by negotiation or such other means upon which they may mutually agree. If settlement is not reached within 30 calendar days, the dispute shall be referred to and finally resolved by the competent court of Provider’s jurisdiction, and the parties hereby irrevocably submit to the exclusive jurisdiction of such court.

SECTION I
Clause 1
Purpose and Scope

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.
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.
These Clauses apply to the processing of personal data as specified in Annex II.
Annexes I to IV are an integral part of the Clauses.
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.
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
The invariability of the Clauses

The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
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

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.
These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.
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 — Not Used

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

The processor shall process personal data only on documented instructions from the controller unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
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
Processing by the processor shall only take place for the duration specified in Annex II.

The processor shall at least implement the technical and organizational 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, unauthorized 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.
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 authorized 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 COMPLIENCE

The Parties shall be able to demonstrate compliance with these Clauses.
The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
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 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.
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.
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

GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
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.
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.
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.
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

Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.
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

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.
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.
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:
1. 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;
2. 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;
3. 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;
4. the obligations in Article 32 Regulation (EU) 2016/679.
The Parties shall set out in Annex III the appropriate technical and organisational 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:

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);
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:
1. 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;
2. the likely consequences of the personal data breach;
3. 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
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 description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
the details of a contact point where more information concerning the personal data breach can be obtained;

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

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.
The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
1. 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;
2. 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;
3. 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.
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.
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, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.

ANNEX: I LIST OF PARTIES – NOT USED

ANNEX II: DESCRIPTION OF THE PROCESSING

Categories of Data Subjects Whose Personal Data is Processed

End-users of SAFEQ Cloud solution, typically individuals at customer's organization that log into the solution and submit print and scan jobs (where applicable).
Any individuals whose personal data is contained within the documents that are submitted as print and/or scan jobs to the solution by its end users.

Categories of Personal Data Processed

For end-users of SAFEQ Cloud solution, the following categories of personal data may be processed depending on the configuration:
User entity information:
- User account information and credentials including username, full name, password, short ID (PIN number), card ID and, e-mail address
- Data exchanged between the SAFEQ Cloud and identity management systems deployed by the customer

Other data that becomes personal data when associated with the particular end user represented by the user entity information above:

- Device information describing printers and other devices connected to SAFEQ Cloud
- Department(s), role(s) and billing code(s) depicting corporate or management cost structures of the customers‘ organisation. End users are associated with a cost center in a one-to-many relation, but roles and billing codes are assigned to users and cost centers in a many-to-many relation.
- Activity log of end user’s action within SAFEQ Cloud
- Print/scan job metadata containing job specific information such as job title, username of end-user submitting the print/scan job
- Job owner, which is specified either as part of the print/scan job data stream or as part of the communication protocol used for receiving the print/scan job by the system. The job owner links the print/scan job to a particular user account, which may or may not correspond to a real person(s).
The data submitted to SAFEQ Cloud solution as print/scan job may by the choice of end-user submitting particular print or scan job contain any categories of personal data identified in records maintained by customer acting as controller pursuant to Article 30 of the GDPR, including special categories of data (for example racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning a natural person’s sex life or sexual orientation, or data relating to criminal convictions or offences); or any other personal data identified in Article 4 of the GDPR.

Nature of the Processing

Processing activities including hosting, storage, transmission, transformation, structuring, deletion, pseudonymizatin, anonymization, making available for use, accessing for troubleshooting and others as required and in such a way that allows the controller, controller’s customers and end users use the SAFEQ Cloud solution in accordance with the contractual terms governing the offering of SAFEQ Cloud solution to the controller. Details of the technical implementation of the processing activities are described in the respective Technical Documentation (service specification data sheets) disclosed to the controller.

Purpose(s) for Which the Personal Data Is processed on Behalf of the Controller

Provision of service management, hosting and support services related to SAFEQ Cloud solution to the controller and/or their customers under the contractual terms governing the offering of SAFEQ Cloud solution to the controller.

Duration of the Processing

Duration of the processing (retention period) is under control of the controller or the respective controller’s customer. Unless instructed otherwise, processor will process the personal data for the duration of the purpose under which the particular processing activity is performed and 30 calendar days thereafter.
Following the lapse of the retention period, processor will delete and irreversibly erase all personal data. This requirement shall not apply for personal data that are stored for the duration of processor’s backup policies and to the extent processor must retain data for evidentiary purposes in relation to the tax authorities and in connection with accounting transactions and other purposes required under applicable laws.
Processor may provide tools to allow the controller and/or its customers to export their data including Personal Data. In the event controller or controller’s customer opts not to use such tools and instead requests processor returns the personal data, processor will provide assistance to return such data, at the requesting subject expense.

ANNEX III: TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

Description of the technical and organisational security measures implemented by the processor(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, as well as the risks for the rights and freedoms of natural persons. Examples of possible measures:

Measures of pseudonymisation and encryption of personal data

Pseudonymization by MD5 hash is available for the User ID, login, PIN and other user related metadata to block until a data subject’s request is resolved

Measures of pseudonymisation and encryption of personal data

Pseudonymization by MD5 hash is available for the User ID, login, PIN and other user related metadata to block until a data subject’s request is resolved

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 (applicable for the deployment scenario where processor manages hosting services, for the other deployment scenarios the below listed measures will be applied proportionally)

Generating backup copies in regular intervals
Policy that ensures the generation and verification of backup copies with regard to availability, recoverability and data integrity (data recovery procedures)
Checking to restorability of backup copies in regular intervals
Storage of backup copies outside the hosting environment in a safe location
Central procurement of hardware and software (IT architecture is planned exclusively by the IT department)
Updating the software used to the latest version (e.g. through updates, corrections, bug fixes, etc.)
Internal data processing policies and procedures, guidelines, work instructions, process descriptions and regulations for programming, testing and approval are in force
Set up of the server in a separately secured server room or data centre
Formal releasing procedures for hardware, software and IT procedures
Existence of an emergency plan (backup contingency plan, testing of data recovery)

Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing

Separation of productive and test system
Rights and role concept for database access considering the principle of restriction to necessary accesses
Logically separated storage of the data of different controllers (client separation)
Existence of Security Testing standard
Ongoing monitoring of the sub-processors and their work
The employees of the sub-processor have the obligation to comply with the data secrecy
Choice of the sub-processor under the consideration of diligence especially regarding data security

Measures for user identification and authorisation

Establishing access authorizations for employees and third parties, including the respective documentation
Granting of user-specific access needs authorization by asset owners
A user/applicant/human has a unique, identifiable account.
Two factor identification
Individual, personalized logins for applications
Solely authorized and privileged employees have access to the data processing systems

Measures for the protection of data during transmission

Implementation of filter measures (URL filter, filtering of e-mail attachments)
Diligent selection of courier services, personal pickup and accomplishing of the transport
Encryption of data carriers / separate transfer of decryption key
Prohibition to carry bags, etc. into the restricted area and effective enforcement of the prohibition
Transmission of data in encrypted form using TLS 1.3
Documentation of the remote locations / destinations to which a transmission is intended and the transmissions path (logical path)

Measures for the protection of data during storage

Policy regarding usernames and strong passwords, which includes the topics password length and password change.
Process for checking and approving the use of new software
Encryption of data and data carriers
Encryption

Purpose	Protocol
Account creation via an external Identity Provider	HTTPS
Interaction with MFDs	HTTPS
Print job release	HTTPS
Print job submission	IPPS/HTTPS
Scan job delivery to Dispatcher Paragon Cloud	WebDAV over HTTPS
Scan job delivery to email	SMTPS with OAUTH2
System management	HTTPS

Measures for ensuring physical security of locations at which personal data are processed

Diligent selection of security staff, cleaning staff and gatekeepers
Electronic access monitoring (e.g. light barriers, motion detectors)
Access and escort regulations for third parties (technicians, visitors, customers, cleaning staff, workmen, etc.)
Providing that all entrances to the data processing facilities (rooms, houses, computer hardware and associated facilities) are capable of being locked
Physical security measures to restrict entrance and access to the areas where data carriers are located
Identity check by authorized employees (e.g. also reception desk, security service)
Security alarm system or other appropriate security measures even after the working time
Securing the decentralized data processing equipment (e.g. personal computers, laptops, etc.)
Protection and restriction of access path by an access control system
Constructional measures (fencing, surveillance cameras, locked doors, building shafts, gates and windows, etc.)
Alarm in case of unauthorized access to server rooms

Measures for ensuring events logging

Electronic logging and recording of data processing, in particular the input, modification and deletion of data (audit trails).
Electronic logging and recording of the use of administration and management tools
A register is held in which all applications that can be used for data manipulation (input, modification and deletion) are recorded.
Allocation of authorizations for the input, modification and deletion of data based on an authorization concept
Existence of a Logging and Monitoring standard

Measures for ensuring system configuration, including default configuration

Protection of internal networks against unauthorised access by firewall
Logging and documentation of accesses
Management of access rights by a number of administrators restricted to the minimum
Protective measures for the data input as well as for the reading, blocking and deletion of stored data
Using VPN-technology
Policy for the creation of strong passwords, either distributed to all employees or technically enforced
Separation of production and test environment for databases and files
Use of intrusion detection systems, anti-virus-systems, hardware- and software-firewall and central smartphone administration software (e.g. to delete data by remote access)

Measures for internal IT and IT security governance and management

Established Information Security Steering committee
Appointment of a security officer
Establishing access authorizations for employees and third parties, including the respective documentation
Separation of tasks / functions between the IT department and other departments
Clear distinction between the controller´s and the processor´s areas of responsibility
Existence of an emergency plan (backup contingency plan)
Regular training of employees in data protection matters
Policy on reporting a breach of the protection of personal data pursuant to Art. 33 GDPR
Written undertaking by employees to observe data confidentiality or employees under an appropriate statutory obligation of confidentiality according to Article 28 (3) point b GDPR
Appointment of a data protection officer

Measures for certification/assurance of processes and products
ISO27001 Certification
SD PAC Certification governing the secure software development lifecycle

Measures for ensuring data minimization

Existence of a Data privacy policy and data security concept

Measures for ensuring data quality

Electronic logging and recording of data processing, in particular the input, modification and deletion of data (audit trails).
Electronic logging and recording of the use of administration and management tools
A register is held in which all applications that can be used for data manipulation (input, modification and deletion) are recorded.
Allocation of authorizations for the input, modification and deletion of data based on an authorization concept.

Measures for ensuring limited data retention

Implemented in compliance with GDPR
Existence of a Data retention standard

Measures for ensuring accountability

Existence of defined ISMS Roles and Responsibility

Measures for allowing data portability and ensuring erasure

Existence of Database security standard
Irreversible deletion of data carriers before reuse
Secure erasure or destruction of all deletable data and electronic media (e.g. notebooks and laptops, hard disks, CDs, DVDs, USB sticks, audio tapes, data carriers, memory cards, etc.) after the contractually agreed end of the services

Data Protection Addendum (DPA)

STANDARD CONTRACTUAL CLAUSES (SAFEQ CLOUD SOLUTION)