Data Policy

The customer agreeing to these terms (“Customer”), and SuPando Limited, or any other entity that directly or indirectly controls, is controlled by, or is under common control with SuPando Limited (as applicable, “SuPando”), have entered into an agreement under which SuPando has agreed to provide the “SuPando Apps”.

These SuPando Data Processing and Security Terms, including their appendices, (the “Terms”) will be effective and replace any previously applicable data processing and security terms as from the Terms Effective Date (as defined below). These Terms supplement the Agreement.

1. Introduction

These Terms reflect the parties’ agreement with respect to the terms governing the processing and security of Customer Personal Data under the Agreement.

2. Definitions

2.1 Capitalized terms used but not defined in these Terms have the meanings set out in the Agreement. In these Terms, unless stated otherwise: Account has the meaning given in the Agreement or, if no such meaning is given, means Customer’s account for the Services. Additional Product means a product, service or application provided by SuPando or a third party that: (a) is not part of the Services; and (b) is accessible for use within the user interface of the Services or is otherwise integrated with the Services. Additional Security Controls means security resources, features, functionality and/or controls that Customer may use at its option and/or as it determines, including the Admin Console and other features and/or functionality of the Services such as logging and monitoring, and identity and access management. Admin Console has the meaning given in the Agreement or, if not such meaning is given, means the online console(s) and/or tool(s) provided by SuPando to Customer for administering the Services. Affiliate has the meaning given in the Agreement or, if not such meaning is given, means any entity that directly or indirectly controls, is controlled by, or is under common control with, a party. Alternative Transfer Solution means a solution, other than Privacy Shield, that enables the lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR. Audited Services means the Services indicated as being in-scope for the relevant certification or report at https://SuPando.io/terms of use, as may be updated by SuPando from time to time. Customer Data has the meaning given to “Developer Data” 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 to “End Users” in the Agreement or, if no such meaning is given, means the users of Customer’s services (for example, the users of a Customer app). Customer Personal Data means the personal data contained within the Customer Data. Data Incident means a breach of SuPando’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by SuPando. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems. Data Protection Legislation means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland). EEA means the European Economic Area. 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. SuPando’s Third Party Auditor means a SuPando-appointed, qualified and independent third party auditor, whose then-current identity SuPando will disclose to Customer. Infrastructure Provider has the meaning given in Section 5.4 (Infrastructure Provider). Notification Email Address means the email address (es) designated by Customer in the Admin Console to receive certain notifications from SuPando. Privacy Shield means the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework. Security Documentation means all documents and information made available by SuPando under Section 7.5.1 (Reviews of Security Documentation). Security Measures has the meaning given in Section 7.1.1 (SuPando’s Security Measures). Services have the meaning given to “Services” (as applicable) in the Agreement. SOC 2 Report means a confidential Service Organization Control (SOC) 2 report (or a comparable report) on SuPando’s systems examining logical security controls, physical security controls, and system availability, as produced by SuPando’s Third Party Auditor in relation to the Audited Services. Sub-processors means third parties authorized under these Terms to have logical access to and process Customer Personal Data in order to provide parts of the Services. Term means the period from the Terms Effective Date until the end of SuPando’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 SuPando may continue providing the Services for transitional purposes. Terms Effective Date means, as applicable: (a) 25 May 2018, if the Customer agreed to these Terms prior to or on such date; or(b) the date on which Customer agreed to these Terms, if such date is after 25 May 2018. Third Party Sub-processors has the meaning given in Section 11.1 (Consent to Sub-processor Engagement).

2.2 The terms “personal data”, “data subject”, “processing”, “controller”, “processor” and “supervisory authority” as used in these Terms have the meanings given in the GDPR.

3. Duration of these Terms

These Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, will remain in effect until, and automatically expire upon, deletion of all Customer Personal Data by SuPando as described in these Terms.

4. Scope of Data Protection Legislation

4.1 Application of European Legislation. These Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Customer Personal Data, including if:

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

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

5. Processing of Data

5.1Roles and Regulatory Compliance; Authorization.

5.1.1Data Processor and Controller Responsibilities. The parties acknowledge and agree that:

a)The subject matter and details of the processing are described in Appendix 1;

b)SuPando is a processor of that Customer Personal Data under the Data Protection Legislation;

c)Customer is a controller or processor, as applicable, of that Customer Personal Data under Data Protection Legislation; and

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

5.1.2 Authorization by Third Party Controller. If Customer is a processor, Customer warrants to SuPando that Customer’s instructions and actions with respect to that data as the relevant controller has gained authorization to act as controller of Customer Personal Data, including its appointment of SuPando as another processor.

5.2.1 Customer’s Instructions. By entering into these Terms, Customer instructs SuPando to process Customer Personal Data only in accordance with applicable law: a)To provide the Services; b)As further specified via Customer’s use of the Services (including the Admin Console and other functionality of the Services); c) As documented in the form of the Agreement, including these Terms; and d)As further documented in any other written instructions given by Customer and acknowledged by SuPando as constituting instructions for purposes of these Terms.

5.2.2 SuPando’s Compliance with Instructions. SuPando will comply with the instructions described in Section 5.2.1 (Customer’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which SuPando is subject requires other processing of Customer Personal Data by SuPando, in which case SuPando will inform Customer (unless that law prohibits SuPando from doing so on important grounds of public interest) via the Notification Email Address.

5.3 Additional Products. If Customer uses an Additional Product, the Services may allow that Additional Product to access Customer Personal Data as required for the interoperation of the Additional Product with the Services. For clarity, these Terms do not apply to the processing of personal data in connection with the provision of any Additional Product used by Customer, including personal data transmitted to or from that Additional Product.

5.4 Infrastructure Provider. Customer authorizes the engagement of Amazon Web Services, Inc. (“ Infrastructure Provider ”) to provide underlying infrastructure services in the provision of the Services. Infrastructure Provider’s role includes processing Customer Personal Data but Infrastructure Provider will not be a Third Party Sub-processor for the purposes of these Terms.

6. Data Deletion

6.1Deletion by Customer.SuPando will enable Customers to delete Customer Personal Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Personal Data during the Term and that Customer cannot recover Customer Personal Data, this use will constitute an instruction to SuPando to delete the relevant Customer Personal Data from SuPando’s systems in accordance with applicable law. SuPando will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.

6.2 Deletion on Termination. On expiry of the Term, Customer instructs SuPando to delete all Customer Personal Data (including existing copies) from SuPando’s systems in accordance with applicable law. SuPando will, after a recovery period of up to 30 days following such expiry, comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage. Without prejudice to Section 9.1 (Access; Rectification; Restricted Processing; Portability), Customer acknowledges and agrees that Customer will be responsible for exporting, before the Term expires, any Customer Personal Data it wishes to retain afterwards.

7. Data Security

7.1 SuPando’s Security Measures, Controls and Assistance.

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

7.1.2 Security Compliance by SuPando Staff. SuPando will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Sub-processors to the extent applicable to their scope of performance, including ensuring that all persons authorized to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.1.3 Additional Security Controls. In addition to the Security Measures, SuPando will make the Additional Security Controls available to:a)Allow Customer to take steps to secure Customer Personal Data; and b)Provide Customer with information about securing, accessing and using Customer Personal Data.

7.1.4 SuPando’s Security Assistance. Customer agrees that SuPando will (taking into account the nature of the processing of Customer Personal Data and the information available to SuPando) assist Customer in ensuring compliance with any of Customer’s obligations in respect of security of personal data and personal data breaches, including if applicable Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:

  • a)Implementing and maintaining the Security Measures in accordance with Section 7.1.1 (SuPando’s Security Measures);
  • b)Making the Additional Security Controls available to Customer in accordance with Section 7.1.3 (Additional Security Controls);
  • c) Complying with the terms of Section 7.2 (Data Incidents); and
  • d)Providing Customer with the Security Documentation in accordance with Section

7.5.1 (Reviews of Security Documentation) and the information contained in the Agreement including these Terms.

7.2 Data Incidents

7.2.1Incident Notification. If SuPando becomes aware of a Data Incident, SuPando will:

  • (a) notify Customer of the Data Incident promptly and without undue delay after becoming aware of the Data Incident; and
  • (b) promptly take reasonable steps to minimize harm and secure Customer Personal Data.

7.2.2Details of Data Incident. Notifications made pursuant to this section will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps SuPando recommends Customer take to address the Data Incident.

7.2.3 Delivery of Notification. Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address or, at SuPando’s discretion, by direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for ensuring that the Notification Email Address is current and valid.

7.2.4 No Assessment of Customer Personal Data by SuPando. SuPando will not assess the contents of Customer Personal Data to identify information subject to any specific legal requirements. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident(s).

7.2.5 No Acknowledgement of Fault by SuPando. The notification or any response to a Data Incident by SuPando may not be construed as an acknowledgement 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. Customer agrees, without prejudice to SuPando’s obligations under Section 7.1 (SuPando’s Security Measures, Controls and Assistance) and Section 7.2 (Data Incidents): a)Customer is solely responsible for its use of the Services, including: i.Making appropriate use of the Services and the Additional Security Controls to ensure a level of security appropriate to the risk in respect of the Customer Personal Data; ii. Securing the account authentication credentials, systems and devices Customer uses to access the Services; iii. Backing up its Customer Personal Data; and b)SuPando has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of SuPando’s and its Sub-processors’ systems (for example, offline or on-premise storage), or to protect Customer Personal Data by implementing or maintaining Additional Security Controls except to the extent Customer has opted to use them.

7.3.2 Customer’s Security Assessment. a)Customer is solely responsible for reviewing the Security Documentation and evaluating for itself whether the Services, the Security Measures, the Additional Security Controls and SuPando’s commitments under this Section 7 (Data Security) will meet Customer’s needs, including with respect to any security obligations of Customer under the Data Protection Legislation. b)Customer acknowledges and agrees that (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) the Security Measures implemented and maintained by SuPando as set out in Section 7.1.1 (SuPando’s Security Measures) provide a level of security appropriate to the risk in respect of the Customer Personal Data. 7.4Security Certifications and Reports. SuPando will update the SOC 2 Report at least once every 18 months in order to evaluate and help ensure the continued effectiveness of the Security Measures. 7.5Reviews and Audits of Compliance. 7.5.1Reviews of Security Documentation. In addition to the information contained in the Agreement (including these Terms), SuPando will make available for review by Customer the then-current SOC 2 Report, following a request by Customer in accordance with Section 7.5.3(a), in order to demonstrate compliance by SuPando with its obligations under these Terms. 7.5.2Customer’s Audit Rights. a)SuPando will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify SuPando’s compliance with its obligations under these Terms in accordance with Section

7.5.3 (Additional Business Terms for Reviews and Audits). SuPando will contribute to such audits as described in Section

7.4 (Security Certifications and Reports) and this Section 7.5 (Reviews and Audits of Compliance). b)Customer may also conduct an audit to verify SuPando’s compliance with its obligations under these Terms by reviewing the Security Documentation (which reflects the outcome of audits conducted by SuPando’s Third Party Auditor). 7.5.3 Additional Business Terms for Reviews and Audits. a)Customer must send any requests for reviews of the SOC 2 Report under Section 7.5.1 or audits under Section 7.5.2(a) or 7.5.2(b) via contact form on https://SuPando.com/ as described in Section 12 (SuPando Data Protection Team; Processing Records). b)Following receipt by SuPando of a request under Section 7.5.3(a), SuPando and Customer will discuss and agree in advance on: (i) the reasonable date(s) of and security and confidentiality controls applicable to any review of the SOC 2 Report under Section 7.5.1; and (ii) the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit under Section 7.5.2(a) or 7.5.2(b). c) SuPando may charge a fee (based on SuPando’s reasonable costs) for any review ofthe SOC2 Report under Section 7.5.1 and/or audit under Section 7.5.2(a) or 7.5.2(b). SuPando will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such review or audit. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit. d)SuPando may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.5.2(a) or 7.5.2(b) if the auditor is, in SuPando’s reasonable opinion, not suitably qualified or independent, a competitor of SuPando, or otherwise manifestly unsuitable. Any such objection by SuPando will require Customer to appoint another auditor or conduct the audit itself. e)Nothing in these Terms will require SuPando either to disclose to Customer or its third party auditor, or to allow Customer or its third party auditor to access: i.Any data of any other customer of SuPando or its Affiliates; ii. SuPando or its Affiliates’ internal accounting or financial information; iii. Any trade secret of SuPando or its Affiliates; iv. Any information that, in SuPando's reasonable opinion, could: (A) compromise the security of any of SuPando or its Affiliates’ systems or premises; or (B) cause SuPando or its Affiliates to breach obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or any third party; or v.Any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfillment of Customer’s obligations under the Data Protection Legislation.

8. Impact Assessments and Consultations.

Customer agrees that SuPando will (taking into account the nature of the processing and the information available to SuPando) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including if applicable Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:

  • a) Providing the Additional Security Controls in accordance with Section 7.1.3 (Additional Security Controls) and the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation); and
  • b) Providing the information contained in the Agreement including these Terms.

9. Data Subject Rights; Data Export.

9.1 Access; Rectification; Restricted Processing; Portability.During the Term, SuPando will, in a 9.2 Data Subject Requests manner consistent with the functionality of the Services, enable Customer to access, rectify and restrict processing of Customer Personal Data, including via the deletion functionality provided by SuPando as described in Section 6.1 (Deletion by Customer), and to export Customer Personal Data.

9.2 Data Subject Requests 9.2.1 Customer’s Responsibility for Requests. During the Term, if SuPando receives any request from a data subject in relation to Customer Personal Data, SuPando will advise the data subject to submit their request to Customer and Customer will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.

9.2.2 SuPando’s Data Subject Request Assistance. Customer agrees that SuPando will (taking into account the nature of the processing of Customer Personal Data) assist Customer in fulfilling any obligation to respond to requests by data subjects, including if applicable Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:

  • a)Providing the Additional Security Controls in accordance with Section 7.1.3 (Additional Security Controls); and
  • b)Complying with the commitments set out in Section 9.1 (Access; Rectification; Restricted Processing; Portability) and Section 9.2.1 (Customer’s Responsibility for Requests).

10. Data Transfers

10.1 Data Storage and Processing Facilities. SuPando may, subject to Section 10.2 (Transfers of Data Out of the EEA), store and process the relevant Customer Personal Data anywhere SuPando or its Sub-processors, or any Infrastructure Provider maintains facilities.

10.2 Transfers of Data Out of the EEA10.2.1 Transfers of Data Out of the EEA and Switzerland. SuPando will ensure that:

  • a) The parent company of the SuPando group, SuPando LLC, remains self-certified under Privacy Shield on behalf of itself and its wholly-owned U.S. subsidiaries; and
  • b) The scope of SuPando LLC’s Privacy Shield certification includes Customer Personal Data.

10.3 Customer’s Transfer Obligations. If under the European Data Protection Legislation SuPando reasonably requires Customer to use an Alternative Transfer Solution offered by SuPando, and reasonably requests that Customer take any action (which may include execution of documents) strictly required to give full effect to such solution, Customer will do so.

11. Sub-processors

11.1 Consent to Sub-processor Engagement. Customer specifically authorizes SuPando to engage SuPando’s Affiliates as Sub-processors. In addition, Customer generally authorizes SuPando to engage any other third parties as Sub-processors (“ Third Party Sub-processors ”).

11.2Information about Sub-processors. Information about Sub-processors, including their functions and locations, is available at: https://SuPando.com (as may be updated by SuPando from time to time in accordance with these Terms).

11.3Requirements for Sub-processor Engagement. When engaging any Sub-processor, SuPando will:

  • a) Ensure via a written contract that: i.The Sub-processor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Terms) and Privacy Shield; and ii.If the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR, as described in these Terms, are imposed on the Sub-processor; and
  • b)Remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Sub-processor.
  • 11.4 Opportunity to Object to Sub-processor Changes.

    • a)When any new Third Party Sub-processor is engaged during the Term, SuPando will, at least 30 days before the new Third Party Sub-processor processes any Customer Personal Data, inform Customer of the engagement (including the name and location of the relevant Sub-processor and the activities it will perform) either by sending an email to the Notification Email Address or via the Admin Console.
    • b)Customer may object to any new Third Party Sub-processor by terminating the Agreement immediately upon written notice to SuPando, on condition that Customer provides such notice within 90 days of being informed of the engagement of the Sub-processor as described in Section 11.4(a). This termination right is Customer’s sole and exclusive remedy if Customer objects to any new Third Party Sub-processor.

    12. SuPando Data Protection Team; Processing Records

    12.1 SuPando’s Representative. Customer may contact a SuPando representative in relation to the exercise of its rights under these Terms via the methods described at https://SuPando.io/terms/faq#dpo (and/or via such other means as SuPando may provide from time to time).

    12.2 SuPando’s Processing Records. Customer acknowledges that SuPando is required under the GDPR to:

    • a) Collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which SuPando is acting and, where applicable, of such processor’s or controller's local representative and data protection officer; and
    • b) Make such information available to the supervisory authorities. Accordingly Customer will, where requested, provide such information to SuPando via the Admin Console or other means provided by SuPando, and will use the Admin Console or such other means to ensure that all information provided is kept accurate and up-to-date.

    13. Liability

    13.1 If the Agreement is governed by the laws of:

    • a) A state of the United States of America, then, notwithstanding anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of indemnification claims from the Agreement’s limitation of liability will not apply to indemnification claims under the Agreement relating to the Data Protection Legislation); or
    • b) A jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Terms will be subject to the exclusions and limitations of liability in the Agreement.

    14. Effect of these Terms

    Notwithstanding anything to the contrary in the Agreement, to the extent of any conflict or inconsistency between these Terms and the remaining terms of the Agreement, these Terms will govern.

    15. Changes to these Terms

    15.1 Changes to URLs. From time to time, SuPando may change any URL referenced in these Terms and the content at any such URL.

    15.2 Changes to these Terms. SuPando may change these Terms if the change:

    • a)Is expressly permitted by these Terms, including as described in Section 15.1 (Changes to URLs);
    • b)Reflects a change in the name or form of a legal entity;
    • c)Is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or d)Does not: i.Result in a degradation of the overall security of the Services; ii.Expand the scope of, or remove any restrictions on, SuPando’s processing of Customer Personal Data, as described in Section 5.2.2 (SuPando’s Compliance with Instructions); and iii.Otherwise have a material adverse impact on Customer’s rights under these Terms, as reasonably determined by SuPando.

    15.3 Notification of Changes. If SuPando intends to change these Terms under Section 15.2(c) or (d), SuPando will inform Customer at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect by either:

    • (a) sending an email to the Notification Email Address; or
    • (b) alerting Customer via the Admin Console. If Customer objects to any such change,Customer may terminate the Agreement by giving written notice to SuPando within 90 days of being informed by SuPando of the change.

    Appendix 1: Subject Matter and Details of the Data Processing

    Subject Matteris SuPando data management in the provision of Services to Customer. Duration of Processing refers to the period from the expiry of the Term until deletion of all Customer Personal Data by SuPando in accordance with these Terms. Nature and Purpose of the Processing is how SuPando will process Customer Personal Data for the purposes of providing the Services to Customer in accordance with these Terms. Categories of Datais Data relating to individuals provided to SuPando via the Services, by (or at the direction of) Customer or by Customer End Users. Data Subjects include the individuals about whom data is provided to SuPando via the Services by (or at the direction of) Customer or by Customer End Users.

    Appendix 2: Security Measures

    As from the Terms Effective Date, SuPando will implement and maintain the Security Measures set out in this Appendix 2. SuPando may update or modify such Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services. Infrastructure. SuPando maintains geographically distributed data centers via the cloud. What Server Operating Systems? SuPando operates a No-Server cloud platform. Businesses Continuity. SuPando replicates data over multiple systems to help to protect against accidental destruction or loss. SuPando has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

    Personnel Security

    SuPando personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. SuPando 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, SuPando’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g. certifications). SuPando’s personnel will not process Customer Personal Data without authorization.

    Sub processor and Infrastructure Provider Security

    • (a) Sub-processors. Before onboarding Sub-processors, SuPando conducts an audit of the security and privacy practices of Sub-processors to ensure Sub-processors 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 SuPando has assessed the risks presented by the Sub-processor, then subject to the requirements set out in Section 11.3 (Requirements for Sub-processor Engagement) of these Terms, the Sub-processor is required to enter into appropriate security, confidentiality and privacy contract terms.
    • (b) Infrastructure Provider. Details regarding the Data Center, Network Security, and Site Control security standards of the Infrastructure Provider, including the Infrastructure Provider’s SOC 3 Report, are publicly available at https://aws.amazon.com/compliance/soc-faqs/ (as may be modified or updated by the Infrastructure Provider from time to time). Data Storage, Isolation and Logging. SuPando stores data in a multi-tenant environment on SuPando-owned or Infrastructure Provider-owned servers. SuPando also logically isolates the Customer’s data. Customer will be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable Customer to determine the product sharing settings applicable to Customer End Users for specific purposes.

    SuPando Data Processing and Security Terms Last Modified: March 31, 2018