January 3, 2019

GDPR Data Processing Addendum

GDPR DATA PROCESSING ADDENDUM

These Additional Terms for Data Processing (the “Processing Terms”) are between LogSentinel B.V, a limited liability company established in The Netherlands, (“we,” “us,” “our” “LogSenitnel”, “data processor”) and you or the entity you represent as a the data controller, (“you,” “data controller” “your” or “User”), collectively the “Parties” and individually a “Party.”

We offer the services SentinelDB and SentinelTrails  (collectively the “Service”) through the URL www.LogSentinel.com, and the subdomains db.LogSentinel.com and app.LogSentinel.com (the “Website”) which allow you to create, manage and monitor secure databases, as well as to set up and monitor unmodifiable event logs.

You have signed up for the Service and have agreed to our Terms of Use and Privacy Policy, collectively the

“Terms” or the “Agreement”. For the purposes of Article 44 of GDPR concerning the General principle for transfers of personal data the parties have agreed on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data controller to the data processor of the personal data specified in Appendix-1

 

Clause 1

DEFINITIONS

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’,‘data subject’ and ‘supervisory authority’ shall have the same meaning as in The General Data Protection Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data ;

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

(c) ‘the data processor’ means the processor who agrees to receive from the data controller personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of The General Data Protection Regulation (EU) 2016/679;

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

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

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

 

Clause 2

DETAILS OF THE TRANSFER

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

Clause 3

THIRD-PARTY BENEFICIARY CLAUSE

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

 

Clause 4

OBLIGATIONS OF THE DATA controller

The data controller agrees and warrants:

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

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

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

(d) that after assessment of the requirements of the applicable data protection law, the security

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

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

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of The General Data Protection Regulation (EU) 2016/679;

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

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

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

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

 

Clause 5

OBLIGATIONS OF THE DATA processor

Mandatory requirements of the national legislation applicable to the data processor which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in the General Data Protection Regulation (EU) 2016/679, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.

The data processor agrees and warrants:

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

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

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

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

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

(ii) any accidental or unauthorised access; and

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

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

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

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

(h) that, in the event of sub-processing, it has previously informed the data controller and obtained its prior written consent;

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

(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data controller.

 

Clause 6

LIABILITY

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

The data processor may not rely on a breach by a sub-process or of its obligations in order to avoid its own liabilities.

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

 

Clause 7

MEDIATION AND JURISDICTION

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

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

by the supervisory authority;

(b) to refer the dispute to the courts in the Member State in which the data controller is

Established.

 

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

 

Clause 8

COOPERATION WITH SUPERVISORY AUTHORITIES

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

 

Clause 9

GOVERNING LAW

The Clauses shall be governed by the law of the Member State in which the data controller is

established.

 

Clause 10

VARIATION OF THE CONTRACT

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

 

Clause 11

SUB-PROCESSING

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

 

Clause 12

OBLIGATION AFTER THE TERMINATION OF PERSONAL DATA-PROCESSING SERVICES

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

 

 

APPENDIX 1

Data controller

The data controller is an individual or entity that has contracted with LogSentinel for logging or database-related services. Activities relevant to LogSentinel’s services include: data storage, logging, data breach protection, data privacy-related activities and communications regarding services offered by the data controller.

 

Data processor

The data processor is LogSentinel – a service provider that allows users to  create, manage and monitor secure databases, as well as to set up and monitor unmodifiable event logs.

 

Data subjects

The personal data transferred may concern the following categories of data subjects:

  • customers,
  • clients,
  • prospective customers and clients,
  • students,
  • and employees
  • etc

 

Categories of data

The personal data transferred may concern the following categories of data: name, gender, birthdate, language, email address, telephone number, home address, employer, work address, title, expertise, other demographic  information, logging history, etc. Data may include sensitive information such as Social Security numbers or other national ID numbers, passwords, security credentials, payment information or sensitive personal information of any kind.

 

Processing operations

The personal data transferred will be subject to the following basic processing activities:

  • storage;
  • access for customer service;
  • in accordance with your use of features;
  • abuse detection, prevention, and remediation;
  • maintaining, improving, and providing our Services.

 

Subprocessors

Data controller consents to subprocessing by the following subcontractors: Amazon s.a.r.l as per their GDPR Data processing addendum https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf

 

APPENDIX 2

Description of the technical and organisational security measures implemented by the

data processor in accordance with Clauses 4(d) and 5(c) (or document/legislation

attached):

Data Center Security

We rely on Amazon’s AWS data center security, which has the highest grade of protection against both physical and digital intrusion.

Protection from Data Loss, Corruption

  • Account data is mirrored and backed up regularly
  • A multi-layer encryption is being performed to each database which eliminates the chances of data leak

Application Level Security

  • User account passwords are hashed. LogSentinel staff can’t view them. If you lose your password, it can’t be retrieved—it must be reset.
  • All pages (from our website) pass data via SSL.
  • The entire application is encrypted with SSL.
  • Login pages are brute force protected.
  • We perform regular security penetration tests

Internal IT Security

  • Our office is secured by keycard access, and is monitored with CCTV throughout.

Internal Protocol & Education

  • The internal policies, procedures and processes are required reading for all new employees. Furthermore, all new employees pass an information security training in their first work week at LogSentinel
  • All employees sign a Privacy Safeguard Agreement outlining their responsibility in protecting customer data.
  • All new employees are given security guidelines for using social media, including information about social engineering.