Data Processing Addendum

 

Last Revised and Effective Date: September 28, 2020

This Data Processing Addendum (“DPA”) forms part of the Software as a Service Agreement (the “Agreement”) between Rammer Technologies, Inc. (“Symbl”) and the (“Customer”) and reflects the parties’ agreement with regard to the processing of Customer Personal Data. All capitalized terms not defined herein shall have the meaning set forth in the Agreement. In providing the Services to Customer pursuant to the Agreement, Symbl may process Customer Personal Data on behalf of Customer, and the parties agree to comply with the following provisions with respect to the same.

 

Definitions

“Applicable Data Protection Laws” means all laws and regulations, to the extent applicable to the Processing of Personal Data under the Agreement, which may include, without limitation, the GDPR and other laws and regulations of the European Union, the European Economic Area and their member states, Switzerland, and the United Kingdom.

“Controller” means the entity which determines the purposes and means of the Processing of Personal Data.

“Customer Data” means all data submitted by or on behalf of Customer to the Services, including, without limitation, Customer Personal Data.

“Customer Personal Data” means Personal Data that is Processed by Symbl on behalf of Customer in connection with the Services.

“Data Subject” means the identified or identifiable person to whom Customer Personal Data relates; an identifiable person is one who can be defined, directly or indirectly, in particular, by reference to an identifier such as a name, identification number, location data, or an online identifier.

“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

“Personal Data” means any information relating to a Data Subject; for clarity and in the case of any contradiction, the type of Personal Data Processed by Symbl is specified in Appendix 1 to the Standard Contractual Clauses.

“Processing” or “Processed” (including its root word, “Process”) means any operation or set of operations which is performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“Processor” means the entity which Processes Personal Data on behalf of the Customer.

“Services” means the Services that Symbl provides to Customer under the Agreement.

“Standard Contractual Clauses” means the contractual clauses specified in Annex 1 and under Section 11.

“Subprocessor” means an entity engaged by Symbl for the performance of the Processing under this DPA.

 

DPA Terms

Symbl and Customer hereby enter into this DPA effective as of the last signature date below.  This DPA is incorporated into and forms part of the Agreement.  In the event of a conflict between the terms of this DPA and the Agreement, the terms of this DPA shall control.

  1. Processing of Customer Data
    1. Provision of the Service. Symbl provides the Services to Customer under the Agreement. In connection with the Services, the parties anticipate that Symbl may Process Customer Personal Data.
    2. The Parties’ Roles. The parties agree that with regard to the Processing of Customer Personal Data, Customer is the Controller, Symbl is the Processor, and that Symbl will engage Subprocessors pursuant to the requirements of this DPA.  For the avoidance of doubt, this DPA applies only to Customer Personal Data Processed by Symbl in its capacity as a Processor.
    3. Customer’s Instructions. By entering into this DPA, Customer instructs Symbl to Process Customer Personal Data only in accordance with Applicable Data Protection Laws: (a) for the purpose of performing the Services; (b) as documented in the Agreement or this DPA; and/or (c) as further documented in any other written instructions given by Customer.
    4. Customer’s Responsibilities. Customer shall, in its use of the Services, Process Customer Personal Data in accordance with the requirements of Applicable Data Protection Laws. For the avoidance of doubt, Customer’s instructions for the Processing of Customer Personal Data shall comply with Applicable Data Protection Laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Personal Data and the means by which Customer acquired Customer Personal Data. Notwithstanding anything to the contrary in this DPA, Customer shall not provide Symbl with any Customer Personal Data not specified in Appendix 1 to the Standard Contractual Clauses.
    5. Symbl’s Responsibilities. Symbl shall keep Customer Personal Data confidential and shall only Process Customer Personal Data on behalf of and in accordance with Customer’s instructions for Processing in accordance with this DPA. Symbl shall not be required to comply with Customer’s instructions if such instructions would violate Applicable Data Protection Laws.  Customer acknowledges and agrees that if, in Symbl’s reasonable opinion, any Customer instruction infringes Applicable Data Protection Laws, Symbl shall promptly notify Customer of the same and may suspend the Processing resulting from the infringing instruction, without prejudice to the continuation of the Agreement and of Customer’s obligation to pay any fees or other sums due under the Agreement.
    6. Details and Scope of the Processing. The subject-matter of the Customer Personal Data Processed by Symbl is the performance of the applicable Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, the types of Customer Personal Data Processed, and categories of Data Subjects, are further specified in Appendix 1 to the Standard Contractual Clauses.
  2. Rights of Data Subjects
    Data Subject Requests. To the extent legally permitted, Symbl shall promptly notify Customer if it receives a request from a Data Subject to exercise the Data Subject’s rights under Applicable Privacy Laws (“Data Subject Request”). Taking into account the nature of the Processing, Symbl shall assist Customer through commercially reasonable organizational and technical measures, for the fulfillment of Customer’s obligation to respond to a Data Subject Request. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Symbl shall, upon Customer’s written request, provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent that Symbl is legally authorized to do so, and to the extent the response to such Data Subject Request is required under Applicable Data Protection Law. Customer shall be responsible for any costs arising from Symbl’s provision of such assistance.
  3. Symbl Personnel
    1. Confidentiality. Symbl shall ensure that its personnel engaged in the Processing of Customer Personal Data are informed of the confidential nature of the Customer Personal Data and their obligations with respect to the same, and have received appropriate training regarding their responsibilities.
    2. Reliability. Symbl shall take commercially reasonable steps to ensure the reliability of any Symbl personnel engaged in the Processing of Customer Personal Data.
    3. Limitation. Symbl shall ensure that Symbl’s access to Customer Personal Data is limited to those personnel assisting in the provision of the Services in accordance with the Agreement.
  4. Subprocessors
    1. Symbl’s Subprocessors. Symbl has instructed or authorized the use of Subprocessors to assist Symbl with respect to the performance of Symbl’s obligations under the Agreement. A list of Symbl’s Subprocessors is attached to this DPA as Appendix 3 to the Standard Contractual Clauses. Symbl shall inform Customer of any intended changes concerning the addition or replacement of Subprocessors via e-mail, thereby giving Customer the opportunity to reasonably object to such changes in writing.  Symbl shall respond to such objections within a reasonable time frame so long as such objections have a reasonable basis. Further, Symbl shall enter into a contract with the Subprocessor whereby Symbl shall require the Subprocessor to comply with obligations no less onerous than Symbl’s obligations under this DPA.
    2. Liability for Subprocessors. Symbl shall be liable for the acts and omissions of its Subprocessors to the same extent Symbl would be liable if performing the services of each Subprocessor directly under the terms of this DPA, except as otherwise set forth in the Agreement.
  5. Customer Obligations
    Customer warrants that it has a lawful basis for Processing all Customer Personal Data it provides to Symbl. If at any time during the Term of this DPA, Customer discovers that it does not have a lawful basis for Processing Personal Data provided to Symbl, then it shall notify Symbl in writing immediately and Symbl upon such notification will cease Processing that Customer Personal Data.
  6. Security
    Both Symbl will implement and maintain, and will contractually require its Subprocessors to implement and maintain, all appropriate technical, administrative, and organizational measures to ensure a level of security appropriate to the risk related to the Processing of the Customer Personal Data and protection of Customer Personal Data, particularly against any accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access.
  7. Personal Data Breach
    A breach of Customer Personal Data (“Breach”) shall mean any breach of security leading accidentally or unlawfully to the destruction, loss, alteration, or unauthorized disclosure of or access to Customer Personal Data. In the event of a Breach arising during the performance of the Service by Symbl, Symbl shall: (1) notify the Customer about the Breach without undue delay after becoming aware of it; (2) take all actions as may be required by Applicable Data Protection Law, and more generally provide Customer with reasonable assistance in relation to Customer’s obligations to notify the Breach to any applicable supervisory authority and to the Data Subjects as the case may be; (3) maintain a record of information relating to the Breach, including the results of its own investigations and any supervisory authorities’ investigations; (4) cooperate with the Customer and take reasonable measures as necessary to prevent the Breach from occurring again; and (5) where Customer determines that a Breach notification is required under Applicable Data Protection Laws, Symbl shall reimburse Customer for its reasonable costs associated with providing notification to Data Subjects and supervisory authorities only to the extent Customer has demonstrated that the Breach was caused by Symbl.
  8. Audits
    Upon 30 days written notice by Customer and subject to the confidentiality obligations set forth in the Agreement, Symbl shall make available to Customer Symbl’s procedures relevant to the protection of Customer Personal Data in the form of its documented policies and procedures, and any third-party certifications and audits, to the extent that Symbl makes them generally available to its customers
  9. Retention and Deletion of Customer Personal Data
    Symbl will retain Customer Personal Data Processed in connection with the Services for the duration of the Services, unless otherwise required by law.
  10. Transfers of Customer Personal Data
    Customer acknowledges and agrees that Symbl will transfer Customer Personal Data outside of the European Union, the European Economic Area or their member states, Switzerland, and/or the United Kingdom, as part of the provisioning of Services, to countries that are not recognized by the European Commission as providing an adequate level of protection for Personal Data.  The onward transfer of Customer Personal Data shall occur via the Standard Contractual Clauses. In the event it is determined that the Standard Contractual Clauses are invalidated or require changes, the parties will in good faith negotiate an alternative recognized method, as defined under GDPR.
  11. Order of Precedence
    This DPA is incorporated into and forms part of the Agreement. For matters not addressed under this DPA, the terms of the Agreement apply. In the event of a conflict between the terms of the Agreement and this DPA, the terms of this DPA will control.  In the event of a conflict between the terms of this DPA and Standard Contractual Clauses, the Standard Contractual Clauses will control.

Annex 1: Standard Contractual Clauses

 

Standard Contractual Clauses (Processors)

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection the data exporting organization (the data exporter) and Rammer Technologies, Inc. (the data importer), each a “party”; together “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 exporter to the data importer of the personal data specified in Appendix 1.

 

Background

The data exporter has entered into a data processing addendum (“DPA”) with the data importer. Pursuant to the terms of the DPA, it is contemplated that services provided by the data importer will involve the transfer of personal data to data importer. Data importer is located in a country not ensuring an adequate level of data protection. To ensure compliance with Directive 95/46/EC and applicable data protection law, the controller agrees to the provision of such Services, including the processing of personal data incidental thereto, subject to the data importer’s execution of, and compliance with, the terms of these Clauses.

 

Clause 1 – Definitions

For the purposes of the Clauses:

  1. ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
  2. ‘the data exporter’ means the controller who transfers the personal data;
  3. ‘the data importer’ means the processor who agrees to receive from the data exporter 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 Article 25(1) of Directive 95/46/EC;
  4. ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
  5. the applicable data protection lawmeans 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 exporter is established;
  6. ‘technical and organizational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized 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 exporter 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 importer 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 exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
  3. The data subject can enforce against the subprocessor 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 exporter and the data importer 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 exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, 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 exporter

The data exporter agrees and warrants:

  1. 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 exporter is established) and does not violate the relevant provisions of that State;
  2. that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
  3. that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract;
  4. 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, unauthorized 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;
  5. that it will ensure compliance with the security measures;
  6. 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 Directive 95/46/EC;
  7. to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
  8. 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;
  9. 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 importer under the Clauses; and
  10. that it will ensure compliance with Clause 4(a) to (i).

 

Clause 5 – Obligations of the data importer

The data importer agrees and warrants:

  1. to process the personal data only on behalf of the data exporter 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 exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
  2. that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter 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 exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
  3. that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred;
  4. that it will promptly notify the data exporter about:
    1. 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,
    2. any accidental or unauthorized access, and
    3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so;
  5. to deal promptly and properly with all inquiries from the data exporter 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;
  6. at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter 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 exporter, where applicable, in agreement with the supervisory authority;
  7. 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 exporter;
  8. that, in the event of sub processing, it has previously informed the data exporter and obtained its prior written consent;
  9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
  10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

 

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

 

Clause 7 – Mediation and jurisdiction
  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. to refer the dispute to the courts in the Member State in which the data exporter is established.
  2. 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 exporter agrees to deposit a copy of this contract 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 importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter 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 exporter 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 importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfill its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement.
  2. The prior written contract between the data importer and the subprocessor 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 exporter or the data importer 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 exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor 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 exporter is established.
  4. The data exporter shall keep a list of sub processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’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 importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer 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 importer and the subprocessor warrant that upon request of the data exporter 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 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the parties

The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix

Data subjects

The Personal Data transferred concern the following categories of data subjects:

  • Customers of [NAME OF CUSTOMER] Limited Privacy Defense product
Categories of data

The Personal Data transferred concern the following categories of data:

  • Identifying information: name, address, date of birth, email address
  • Social and contact information: social media account (username, password and content)
  • Financial information: credit rating scores and credit file contents
  • Tracking data: website and app usage data
  • Special Categories of Personal Data as determined by Customer
  • Other personal data as determined by Customer
Processing operations

The Personal Data transferred will be subject to the following basic processing activities:

The objective of Processing of Personal Data by the data importer is the performance of the Services pursuant to the Agreement. The Processing of Personal Data will be performed primarily in the United States, but may be performed in any country where Symbl has a presence.

 

Appendix 2 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the Parties.

Rammer Technologies, Inc. (“Symbl”) shall maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, including Personal Data, which is processed in connection with Symbl’s provision of the services (“technical and organizational measures”).  Symbl requires its Sub-processors to also maintain appropriate technical and organizational measures.  Symbl regularly monitors compliance with these safeguards.  Symbl will not materially decrease the overall security protections applied to Customer Data during the term of the services.  Technical and organizational measures applicable to Google, Hotjar, Kissmetrics, and SendGrid, Inc., in their capacity as Symbl’s Sub-processors, can be found at:

https://signin.kissmetrics.com/privacy/
https://www.hotjar.com/legal/policies/privacy/
https://cloud.google.com/speech-to-text/docs/data-logging-terms
https://cloud.google.com/security/privacy
https://sendgrid.com/policies/privacy-2016/

 

Appendix 3 to the Standard Contractual Clauses

This Appendix forms part of the Clauses and must be completed and signed by the Parties.

The list of Subprocessors approved by the data importer as of the effective date of the Agreement is as set forth below:

Subprocessor Purpose
Google Google Cloud utilized for data storage; Google Speech Metrics utilized for audio processing
Hotjar Gathers analytical data, a browser-based solution, embedded in web application, collects high-level data
Kissmetrics Gathers analytical data, a browser-based solution, embedded in web application, collects specific data
SendGrid, Inc. Email support system, used to send emails to users

 

CCPA Certification

With regard to Personal Information which Rammer Technologies, Inc. (“Provider”) may collect, receive, or otherwise process as a result of any agreements between Provider and [Customer] (or its subsidiaries or affiliates) (“Customer”), Provider agrees that it will not:

  1. Sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration; or
  2. Retain, use, disclose, collect, sell, use, or otherwise process Personal Information for any purpose other than for the specific purpose of, and as necessary for, performing services for Customer pursuant to a written agreement(s). For clarity, Provider may not retain, use, or disclose the Personal Information for any other commercial purposes or outside of the direct business relationship between Provider and Customer.

“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and including particular elements of “personal information” as defined under Cal. Civ. Code § 1798.140.

This CCPA Certification survives expiration or termination of any other agreement(s) that may exist between Provider and Customer (or its subsidiaries or affiliates). Existing terms in such agreement(s) remain in effect except that this CCPA Certification controls in the event of a conflict with such terms.

Provider certifies that it understands the restrictions contained herein and will comply with the same.