Data Processing Agreement

Order processing

in accordance with Art. 28 (3) and (4) of the General Data

Protection Regulation (GDPR)

SECTION I

Clause 1

Purpose and scope

1. 2. 3. 4. 5. 6. These standard contractual clauses (hereinafter referred to as "Clauses") are

intended to ensure compliance with Article 28(3) and (4) of Regulation (EU)

2016/679 of the European Parliament and of the Council of April 27, 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).

The controllers and processors listed in Annex I have agreed to these clauses to

ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or

Article 29(3) and (4) of Regulation (EU) 2018/1725.

These clauses apply to the processing of personal data as set out in

Annex II.

Annexes I to IV form an integral part of the clauses.

These clauses apply without prejudice to the obligations to which the controller

is subject under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

These clauses do not in themselves ensure that the obligations relating to

international data transfers under Chapter V of Regulation (EU) 2016/679

and/or Regulation (EU) 2018/1725 are fulfilled.

Clause 2

Immutability of the clauses

1. 2. The parties undertake not to amend the clauses, except to supplement or

update the information specified in the annexes.

This does not prevent the parties from incorporating the standard

contractual clauses set out in these clauses into a more comprehensive

contract and adding further clauses or additional guarantees, provided that

these do not directly or indirectly conflict with the clauses or restrict the

fundamental rights or freedoms of the data subjects.Clause 3

Interpretation

1. 2. 3. Where terms defined in Regulation (EU) 2016/679 or Regulation (EU)

2018/1725 are used in these clauses, those terms shall have the same meaning

as in the relevant Regulation.

These clauses shall be interpreted in the light of the provisions of Regulation

(EU) 2016/679 or Regulation (EU) 2018/1725.

These clauses shall not be interpreted in a manner that conflicts with the

rights and obligations provided for in Regulation (EU) 2016/679 or Regulation

(EU) 2018/1725 or that restricts the fundamental rights or freedoms of the

data subjects.

Clause 4 e

Precedence

In the event of any conflict between these clauses and the provisions of any related

agreements existing between the parties or entered into or concluded at a later date,

these clauses shall prevail.

Clause 5 – Optional Coupling

Clause

1. An entity that is not a party to these clauses may, with the consent of all parties,

join these clauses at any time as a controller or processor by completing the

appendices and signing Appendix I.

2. Upon completing and signing the appendices referred to in point (a), the

acceding entity shall be treated as a party to these clauses and shall have the

rights and obligations of a controller or processor as specified in its designation

in Appendix I.

3. The acceding institution shall not have any rights or obligations arising from

these clauses for the period prior to its accession as a party.

SECTION II

OBLIGATIONS OF THE PARTIESClause 6

Description of the processing

The details of the processing operations, in particular the categories of personal data

and the purposes for which the personal data are processed on behalf of the controller,

are set out in Annex II.

Clause 7

Obligations of the Parties

7.1. Instructions

1. 2. The processor shall process personal data only on documented instructions

from the controller, unless required to do so by Union or Member State law to

which the processor is subject. In such a case, the processor shall inform the

controller of those legal requirements before processing, unless prohibited by

that law for reasons of important public interest. The controller may issue further

instructions throughout the entire period of processing of personal data. These

instructions shall always be documented.

The processor shall inform the controller without delay if it considers that the

instructions given by the controller are contrary to Regulation (EU) 2016/679,

Regulation (EU) 2018/1725, or applicable Union or Member State data

protection provisions.

7.2. Purpose limitation

The processor shall process the personal data only for the specific purpose(s) set out in

Annex II, unless it receives further instructions from the controller.

7.3. Duration of processing of personal data

The data shall be processed by the processor only for the duration specified in Annex II.

7.4. Security of processing

1. The processor shall implement at least the technical and organizational

measures listed in Annex III to ensure the security of the personal data. This

includes protecting the data against a security breach that, whether accidental

or unlawful, could lead to the destruction, loss, alteration, or unauthorized

disclosure of2. or unauthorized access to the data (hereinafter

"breach of personal data protection"). When assessing the appropriate level of

protection, the parties shall take due account of the state of the art, the costs of

implementation, the nature, scope, context, and purposes of the processing, and

the risks to the data subjects.

The processor shall only grant its personnel access to the personal data that is

the subject of the processing to the extent that this is strictly necessary for the

performance, management, and monitoring of the contract. The processor shall

ensure that the persons authorized to process the personal data received have

committed themselves to confidentiality or are subject to an appropriate statutory

duty of confidentiality.

7.5. Sensitive data

If the processing involves personal data revealing racial or ethnic origin, political

opinions, religious or philosophical beliefs, or trade union membership, or genetic data

or biometric data for the purpose of uniquely identifying a natural person, data

concerning a person's health, sex life, or sexual orientation, or data concerning criminal

convictions and offenses (hereinafter

"sensitive data"), the processor shall apply specific restrictions and/or additional

safeguards.

7.6. Documentation and compliance with the clauses

1. 2. 3. 4. 5. The parties must be able to demonstrate compliance with these clauses.

The processor shall promptly and appropriately handle requests from the

controller regarding the processing of data in accordance with these clauses.

The processor shall provide the controller with all information necessary to

demonstrate compliance with the obligations laid down in these clauses and

arising directly from Regulation (EU) 2016/679 and/or Regulation (EU)

2018/1725. At the request of the controller, the processor shall also allow and

contribute to the audit of the processing activities covered by these clauses at

reasonable intervals or in the event of indications of non-compliance. When

deciding on an audit or inspection, the controller may take into account relevant

certifications of the processor.

The controller may conduct the audit itself or appoint an independent auditor.

Audits may also include inspections at the premises or physical facilities of the

processor and shall be conducted with reasonable advance notice, where

appropriate.

The parties shall provide the competent supervisory authority or authorities with

the information referred to in this clause, including the results of audits, upon

request.

7.7. Use of Subprocessors1. 2. 3. 4. 5. The processor has the general authorization of the controller to engage

subprocessors listed in an agreed list. The processor shall inform the controller

in writing at least one month in advance of any intended changes to this list by

adding or replacing subprocessors, thereby allowing the controller sufficient

time to object to these changes before the relevant subprocessor(s) is/are

engaged. The processor shall provide the controller with the necessary

information to enable the controller to exercise its right to object.

If the processor engages a subprocessor to carry out specific processing

activities (on behalf of the controller), this engagement must be by way of a

contract that imposes substantially the same data protection obligations on the

subprocessor as those applicable to the processor under these clauses. The

processor shall ensure that the sub-processor fulfills the obligations to which the

processor is subject under these clauses and in accordance with Regulation (EU)

2016/679 and/or Regulation (EU) 2018/1725.

The processor shall provide the controller with a copy of any such subcontracting

agreement and any subsequent amendments thereto upon request. To the

extent necessary to protect trade secrets or other confidential information,

including personal data, the processor may redact the text of the agreement

before providing a copy.

The processor shall be fully liable to the controller for the subprocessor's

performance of its obligations under the contract concluded with the

processor. The processor shall notify the controller if the subprocessor fails to

perform its contractual obligations.

The processor shall agree with the subprocessor on a third-party beneficiary

clause whereby the controller has the right to terminate the subcontracting

agreement and instruct the subprocessor to delete or return the personal data

in the event that the processor ceases to exist de facto or de jure or becomes

insolvent.

7.8. International data transfers

1. 2. Any transfer of data by the processor to a third country or international

organization shall be carried out only on the basis of documented instructions

from the controller or in order to comply with a specific provision of Union law or

the law of a Member State to which the processor is subject, and must be in

accordance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU)

2018/1725.

The controller agrees that in cases where the processor engages a

subprocessor in accordance with Clause 7.7 to carry out certain processing

activities (on behalf of the controller) and these processing activities involve a

transferof personal data within the meaning of Chapter V of Regulation (EU) 2016/679,

the processor and the sub-processor can ensure compliance with Chapter V of

Regulation (EU) 2016/679 by using standard contractual clauses adopted by the

Commission pursuant to Article 46(2) of Regulation (EU) 2016/679, provided that

the conditions for the application of those standard contractual clauses are met.

Clause 8

Support for the controller

1. The processor shall inform the controller without delay of any request received

from the data subject. It shall not respond to the request itself unless

authorized to do so by the controller.

2. Taking into account the nature of the processing, the processor shall support

the controller in fulfilling its obligation to respond to requests from data subjects

to exercise their rights. In performing its duties under points (a) and (b), the

processor shall follow the instructions of the controller.

3. In addition to the processor's obligation to assist the controller in accordance

with clause 8(b), the processor shall also assist the controller in complying

with the following obligations, taking into account the nature of the data

processing and the information available to it:

1. Obligation to carry out an assessment of the impact of the envisaged

processing operations on the protection of personal data (hereinafter

"data protection impact assessment") where a form of processing is likely to

result in a high risk to the rights and freedoms of natural persons;

2. Obligation to consult the competent supervisory authority(ies) prior to

processing if a data protection impact assessment indicates that the processing

would result in a high risk, unless the controller takes measures to mitigate the

risk;

3. Obligation to ensure that personal data is accurate and kept up to date by the

processor informing the controller without delay if it finds that the personal data

it processes is inaccurate or out of date;

4. Obligations under Article 32 of Regulation (EU) 2016/679.

4. The parties shall set out in Annex III the appropriate technical and organizational

measures to be taken by the processor to assist the controller in applying this

clause, as well as the scope and extent of the assistance required.

Clause 9Notification of personal data breaches

In the event of a personal data breach, the processor shall cooperate with and assist the

controller as appropriate to enable the controller to fulfill its obligations pursuant to

Articles 33 and 34 of Regulation (EU) 2016/679 or, where applicable, Articles 34 and 35

of Regulation (EU) 2018/1725, taking into account the nature of the processing and the

information available to the processor.

9.1. Breach of the protection of data processed by the controller

In the event of a breach of the protection of personal data in connection with the data

processed by the controller, the processor shall assist the controller as follows:

1. 2. 1. 2. 3. immediately notifying the competent supervisory authority or authorities of the

personal data breach after the controller becomes aware of it, where relevant

(unless the personal data breach is unlikely to result in a risk to the personal

rights and freedoms of natural persons);

obtaining the following information, which must be included in the controller's

notification in accordance with Article 33(3) of Regulation (EU) 2016/679,

whereby this information must include at least the following:

the nature of the personal data, where possible, specifying the categories and

approximate number of data subjects concerned and the categories and

approximate number of personal data records concerned;

the likely consequences of the personal data breach;

the measures taken or proposed by the controller to address the

personal data breach and, where appropriate, measures to mitigate its

possible adverse effects.

If and to the extent that not all of this information can be provided at the same time, the

initial communication shall contain the information available at that time, and further

information shall be provided without undue delay as soon as it becomes available;

3. in compliance with the obligation under Article 34 of Regulation (EU) 2016/679 to

notify the data subject without undue delay of a personal data breach where that

breach is likely to result in a high risk to the rights and freedoms of natural

persons.9.2. Breach of the protection of data processed by the processor

In the event of a breach of the protection of personal data in connection with the data

processed by the processor, the processor shall notify the controller without undue delay

after becoming aware of the breach. This notification must contain at least the following

information:

1. 2. 3. a description of the nature of the breach (if possible, specifying the categories

and approximate number of data subjects and the approximate number of

data records affected);

contact details of a point of contact where further information about the

personal data breach can be obtained;

the likely consequences and the measures taken or proposed to address the

personal data breach, including measures to mitigate its possible adverse

effects.

If and to the extent that not all of this information can be provided at the same time, the

initial notification shall contain the information available at that time, and further

information shall be provided without undue delay as soon as it becomes available.

The parties shall specify in Annex III any other information that the processor must

provide to assist the controller in fulfilling its obligations under Articles 33 and 34 of

Regulation (EU) 2016/679.

SECTION III FINAL PROVISIONS

Clause 10

Breaches of the Clauses and Termination

1. If the processor fails to comply with its obligations under these clauses, the

controller may, without prejudice to the provisions of Regulation (EU)

2016/679 and/or Regulation (EU) 2018/1725, instruct the processor to

suspend the processing of personal data until it complies with these clauses

or the contract is terminated. The processor shall inform the controller

without delay if, for any reason, it is unable to comply with these clauses.2. 1. 2. 3. 3. 4. The controller shall be entitled to terminate the contract insofar as it

concerns the processing of personal data under these clauses if

the controller has suspended the processing of personal data by the

processor pursuant to point (a) and compliance with these clauses has not

been restored within a reasonable period of time, but in any event within one

month of the suspension;

the processor is in material or persistent breach of these clauses or fails to

comply with its obligations under Regulation (EU) 2016/679 and/or Regulation

(EU) 2018/1725;

the processor fails to comply with a binding decision of a competent court or

the competent supervisory authority(ies) concerning its obligations under these

clauses, Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

The processor is entitled to terminate the contract insofar as it concerns the

processing of personal data in accordance with these clauses if the controller

insists on complying with its instructions after having been informed by the

processor that its instructions violate applicable legal requirements in

accordance with Clause 7.1(b).

Upon termination of the contract, the processor shall, at the controller's option,

delete all personal data processed on behalf of the controller and certify to the

controller that this has been done, or return all personal data to the controller

and delete existing copies, unless there is an obligation to store the personal

data under Union or Member State law. Until the data is deleted or returned, the

processor shall continue to ensure compliance with these clauses.

ANNEX I

List of parties

Responsible party:

The business

operator Processor:

OpenFiskal GmbH

Rosenthaler Straße 72A

10119 Berlin

Ferry HötzelChristof Zirkler

help@openfiskal.com

ANNEX II

Description of processing

Categories of data subjects whose personal data is processed Traders, self-employed

persons, and companies, their end customers, and employees Categories of personal

data that is processed

Data for fiscalization and for creating invoices/receipts, data on purchases and

completed legal transactions, in particular identification of the data subject, sales

amount, sales tax rate, date and time of the transaction, type of service provided or

goods delivered, payment method, invoice number, seller's tax number, seller's/buyer's

signature (if required), seller's and buyer's address details, and other legally required

information.

Sensitive data processed (if applicable) and restrictions or safeguards applied that fully

reflect the nature of the data and the associated risks, e.g., strict purpose limitation,

access restrictions (including access only for employees who have undergone special

training), records of access to the data, restrictions on onward transfers, or additional

security measures.

Special categories of personal data may be processed if this results from the nature of

the goods or services concerned for which fiscalization is to take place, for example,

when purchasing visual aids, or if such data is contained in invoice-related data.

Type of processing

● Collection and storage: Collection and storage of transaction data, including

sales amounts, sales tax rates, and identity markers of the persons concerned.

● Signing of receipts: Electronic signing of invoices and receipts in accordance

with the requirements of the Cash Register Security Regulation (RKSV) using

the Fiskaly platform to ensure the immutability and authenticity of the data.

● Creation of fiscalization data: Generation and management of the necessary

data for fiscalization, including the creation of signature and audit logs.● Data transmission: Transmission of signed documents and

relevant fiscalization data to the relevant tax authorities.

● Archiving: Long-term storage and management of signed receipts and

fiscalization data in accordance with the statutory retention periods.

Purpose(s) for which the personal data is processed on behalf of the controller

● Compliance with tax requirements: Ensuring compliance with all legal tax

obligations and regulations, including fiscalization in accordance with

applicable regulations.

● Legal documentation: Creating, signing, and storing invoices and receipts

to fulfill legal documentation requirements.

● Auditing and verification: Providing and transmitting the necessary data to tax

authorities for auditing and to ensure the transparency and traceability of

business transactions.

● Fraud prevention: Prevention and detection of tax fraud through the

signing and immutability of transaction data.

● Internal and external audits: Support for internal and external audits by providing

complete and legally compliant receipt data.

● Data management: Long-term archiving and management of transaction and

fiscalization data in accordance with statutory retention periods.

Duration of processing

The term of this order processing is not limited in time. It can be terminated by either

party at any time. The right to extraordinary termination for good cause remains

unaffected.

When processing by (sub)processors, the subject matter, nature, and duration of the

processing must also be specified.

ANNEX III

Technical and organizational

measures, including those to ensure

data security

Preliminary remark: Data of the controller is predominantly or almost exclusively

processed in the system of (sub)processor No. 1 in accordance with Annex IV. The

processor itself or its employees only access the systems of (sub)processor No. 1 via

end devices. Therefore, the technical and organizational measures taken by(sub)processor No. 1, which are described in Annex IIIb. Accordingly, relevant data may

run through the system of (sub)processor No. 2 in accordance with Annex IV, so that the

technical measures taken there are also decisive. The technical and organizational

measures of

(sub)processor No. 2 in accordance with Annex IV are therefore attached as Annex

IIIc. Technical and organizational measures at the processor itself must therefore be

taken primarily with a view to secure and confidential access to the systems of

(sub)processor No. 1 as described in Annex IV and No. 2 as described in Annex IV.

Based on these facts, the following technical and organizational measures are taken:

1. Confidentiality (Art. 32 (1) (b) GDPR)

1. Access control

The processor shall take the following measures, among others, to prevent

unauthorized persons from accessing the data processing facilities used to process

or use data:

1. at third parties / at the central (sub)processors

The data controller's data is mainly stored by the data controller itself or by third parties,

in particular the (sub)processor No. 1 Annex IV. It is therefore crucial to consider the

technical and organizational measures taken by this

(sub)processor. The access controls at this

(sub)processor, such as indoor and outdoor cameras, security personnel, card access,

etc., are specified in particular in Annex IIIb Section 7.1.1 Appendix 2 No. 2.

Accordingly, the technical and organizational measures of (sub)processor No. 2 are

specified in particular in Annex IIIc Section "Access Control."

2. in the context of mobile working and home office

Working from home and mobile working are expressly permitted.

In these cases, a computer belonging to the processor is used, to which a remote

connection is established and on which no data belonging to the controller is stored; only

the processing necessary for remote maintenance or remote access takes place.

Furthermore, the processor ensures compliance with the following measures:

● Access is only permitted on the end devices of the processor or its employees.

● Employees must keep the end devices protected when not in use.

● During processing, only persons authorized for processing may be present in the

processing premises or within a range that would allow them to see what is

happening.

● Only hardware devices (e.g., USB devices) that have been approved

for this purpose by the processor's employees may be connected.● Access to the processor's corporate network is only possible via a secure VPN

connection. The VPN connection is automatically disconnected after a period of

inactivity.

● The end devices used are locked when not in use. In addition, an automatic

lock is set up when not in use.

● The hard drives of the end devices are encrypted.

● Home office security: Access to private workspaces is secured by

lockable doors and, where available, additional security measures

such as alarm systems.

● Secure storage of devices: Laptops, smartphones, and other work devices

are stored overnight in secure, locked locations.

● Encryption and access restrictions: All devices are secured with strong

passwords and use encryption to prevent unauthorized access.

● Network security: Home networks are protected by secure passwords and up-to-

date security software. Where possible, separate networks are set up for work

and private use.

● Visitor control: When visitors are present in the home office, confidential

documents and devices are stored securely to prevent unauthorized

access.

● VPN usage: Employees use VPN connections to ensure secure access to

company networks and data.

● Regular security checks: Employees conduct regular checks of their

home workstations to ensure that all security measures are being

followed.

3. On site at the controller's premises

If employees of the processor provide services on site at the controller's premises, these

persons are either known to the controller personally or their access authorization can be

checked by the processor by telephone and on the basis of the supporting documents

they carry with them.

If services are provided via remote maintenance, data processing also takes place on

the controller's system.

2. Access control

The processor shall take the following measures, among others, to prevent

unauthorized persons from using data processing equipment with which data is

processed:

1. for third parties / for central (sub)processors

The relevant data processing takes place in the system of (sub)processor No. 1 in

accordance with Appendix IV. The access controls there, e.g., card access, as well as

for remote access, are set out in Annex IIIb No. 7.1.1 Appendix 2 No. 2 and, with

regard to (sub)processor No. 2 in accordance with Annex IV, in particular the technical

and organizational measures described inAnnex IIIc, section "Access Controls".

2. In the context of mobile working and home office

If remote maintenance or remote access takes place in a home office or in the context of

mobile working, a terminal device belonging to the processor or its employees is used.

Special password protection with automatic locking is set up.

In addition to manual locking, the end device locks automatically when the user leaves

the workplace. The system also locks automatically after several failed login attempts.

The controller's data is not stored on the end device; remote access is only provided via

the end device.

The following measures are also taken:

● Login with username and password, enforcement of minimum password

requirements

● Login with fingerprint sensor possible, locked after 3 failed attempts, password

required thereafter

● Hard disk encryption via BitLocker (including password at BIOS level) for

Windows and corresponding function in MacOS on Apple devices

● AntiVirus software via Windows Defender on Windows devices

● Firewall via Windows Defender

● Passwords may only be stored in Keepass or 1Password (encrypted with

a strong password)

● Keyboard password or FaceID (Apple) required (mobile phone)

● Remote access to servers in the data center only via encrypted SSH access

with public/private key + key

● Employees are instructed not to leave documents containing personal data lying

openly on their desks or in their home offices, to lock their laptops when leaving

their workstations, and to apply data minimization on local data carriers (deleting

files that are no longer needed)

● Only selected employees are granted administrator access to

the configuration interface of the server providers

1. On site at the responsible party

Access controls are implemented on site by the responsible person.

2. Further general measures

Secure access connections and authentication control technologies are implemented to

regulate access to the system.

Access restrictions are based on an authentication service using Secure Socket Layer

(SSL) certificates. This service also provides encryption methods to ensure data

security during transmission.Access to internal service programs and databases by authorized persons is controlled

by access control lists (ACL). Encryption techniques are used to secure user

authentication and administrator sessions over the Internet.

The processor follows a formal process to grant or deny access to resources. Various

access protection mechanisms help to provide secure and flexible access. Unique user

IDs, strong passwords, and periodic reviews of access lists are in place to ensure the

appropriate use of user accounts. One-time passwords or one-time accounts are also

used for critical systems. All groups that have access to the service programs and

databases are subject to regular review.

Authorization for access to service programs or databases is enforced at all times at

all levels of the respective system. The granting or editing of access rights is based

on the user's job responsibilities or on a need-to-know basis and must be authorized

and approved by the applicant's supervisor. Access to production systems is only

granted to trained users who are authorized for the respective action. Likewise,

access to production systems is immediately revoked in the event of termination.

The processor has a firewall configuration policy that defines acceptable ports that may

be used. Only necessary ports and services are open. Access to change the firewall

configuration is restricted to the internal

security operations team. The security operations team regularly reviews critical firewall

rules.

Access to data backups is provided via two-factor authentication and state-of-the-art

encryption.

2. Access control

The processor takes the following measures, among others, to ensure that those

authorized to use a data processing system can only access the data subject to their

access authorization and that stored or processed data cannot be read, copied,

modified, or removed without authorization:

Different authorized users receive individual user IDs and passwords. Unauthorized

attempts to guess a user ID or password are made more difficult by delays in the

response. Passwords are only stored after conversion by one-way functions (hash

functions). Access to the converted password data is secured by authorization concepts

(see above No. 1 lit. a and b) and is only permitted to employees with the appropriate

responsibility. Regular checks of accesses and access attempts are carried out.

The processor will only grant a (sub)processor access to relevant systems or the

controller's network under its direct supervision.enable (e.g., monitoring using RDP applications or applications such as TeamViewer);

for access without monitoring by the processor, the prior consent of the controller shall

be obtained in each individual case.

3. Segregation control

The processor shall take the following measures, among others, to ensure that data

collected for different purposes can be processed separately:

Processing takes place on the system of the respective controller, whereby the

respective data is kept separate. If data is available to the processor, e.g., for remote

access, it is logically separated by a system of logical and physical access controls in the

network (cf. No. 1 lit. a, b, and c).

The following applies to the storage of data:

● Processing takes place on server systems that are logically separated by a

system of logical and physical access controls in the network (cf. No. 1 lit. a, b,

and c). Each controller is assigned an independent physical or virtual server. The

servers are isolated from each other using state-of-the-art technology, with any

current security patches being installed.

● Files and directories belonging to different responsible persons are kept

separate via user and directory rights.

● are separated in the case of virtual servers by virtualization

technology and user rights;

● New developments are carried out exclusively in test systems, which

are only transferred to productive operation after completion.

4. Pseudonymization (Art. 32 (1) (a) GDPR;

Art. 25 (1) GDPR)

Personal data is processed—insofar as this is technically possible and technically and

organizationally feasible (e.g., not if the data is to be processed in the same system

anyway)—using separate identifiers from which the identity of a person cannot be

directly derived. The identifier and the data directly identifying a person are stored

separately, insofar as this is technically possible and technically and organizationally

feasible, and are subject to appropriate technical and organizational security measures.

5. Data carrier control

The prevention of unauthorized reading, copying, modification, or deletion of data

carriers is ensured by:

● Encryption: All data carriers are secured with strong encryption

methods to prevent unauthorized access.● Access authorizations: Only authorized employees are granted access

to the data carriers, based on their role and necessity.

● Physical security: Data carriers are stored in lockable cabinets or safes to

prevent physical access by unauthorized persons.

● Logging: All access to data carriers is logged and regularly reviewed to detect

and track unauthorized activity.

● Security software: Use of security software that monitors access to and use of

data carriers and raises the alarm in the event of suspicious activity.

● Training: Employees are regularly trained on security policies and the safe

handling of data carriers.

● Data carrier management: Old or no longer needed data carriers are securely

deleted or physically destroyed to prevent data leaks.

6. Storage control

The prevention of unauthorized entry of personal data and unauthorized access,

modification, and deletion of stored personal data is ensured by:

● Access controls: Strict access restrictions to storage systems, allowing access

only to authorized employees.

● Encryption: Use of encryption technologies for both the transmission and

storage of personal data.

● Access logging: Logging of all accesses to stored data in order to detect and

trace unauthorized access.

● Regular audits: Conducting regular security checks and audits to ensure

compliance with security policies.

● Software security measures: Use of antivirus programs, firewalls, and other

security tools to prevent unauthorized access and data manipulation.

● Security policies: Implementation and enforcement of strict security policies and

procedures for handling personal data.

● Data backups: Regularly create backups to prevent data loss and ensure

recovery in the event of an incident.

● Employee training: Regular training of employees on data protection and security

policies to raise awareness of the importance of data protection and ensure

compliance.

7. User control

The prevention of unauthorized use of automated processing systems with the aid of

data transmission devices is ensured by:

● Authentication procedures: Use of multi-factor authentication (MFA) to ensure

that only authorized users have access to the systems.

● Access permissions: Strict management and regular review of user

accounts and access rights to ensure that only necessary permissions are

granted.● Password security: Introduction and enforcement of strong password

policies, including regular password changes and the use of complex

passwords.

● User activity monitoring: Monitoring and logging user activity on the

systems to quickly detect and prevent suspicious or unauthorized access.

● Session management: Automatically log users out after a specified

period of inactivity to prevent unauthorized access.

● Access restrictions: Restricting access to sensitive systems and data to specific

networks or IP addresses.

● Training and awareness: Regular training of users on security policies and best

practices for handling data and systems.

● Virus and malware protection: Use of anti-virus and anti-malware software on

all end devices to prevent unauthorized use and data transfer by malware.

8. Transfer control

Ensuring that it is possible to check and determine to which locations personal data has

been or can be transmitted or made available using data transmission facilities is

achieved by:

Ensuring that it is possible to check and determine to which locations personal data has

been or can be transmitted or made available using data transmission facilities is

achieved by:

● Logging of data transfers: Complete logging of all data transfers, including

the time, scope, and destination of the transfer.

● Encryption of transfers: Use of secure encryption methods (e.g., TLS/SSL) for

the transmission of personal data to ensure the confidentiality and integrity of the

data.

● Access and release controls: Strict control over which users initiate data

transfers and which data may be released to which recipients.

● Security reviews: Regular security reviews of transfer protocols and

procedures to identify and address potential vulnerabilities.

● Notification and documentation: Automatic notification and comprehensive

documentation for each data transfer to ensure transparency and

traceability.

● Network security measures: Use of firewalls, intrusion detection systems

(IDS), and other network security measures to detect and prevent

unauthorized data transfers.

● Access controls: Implementation of network-level access controls to ensure that

only authorized devices and users can transfer data.

● Employee training: Regular training of employees on secure data transfer

procedures and legal requirements for data protection.9. Transport control

Ensuring that the confidentiality and integrity of data are protected during the

transmission of personal data and the transport of data carriers is guaranteed by:

● Data encryption: Use of strong encryption methods both during transmission and

when storing data on data carriers to prevent unauthorized access.

● Secure transport containers: Use of lockable and tamper-proof transport

containers for physical data carriers.

● Access and transport logs: Complete documentation of all transports and

accesses to data carriers, including handover logs and transport routes.

● Secure courier services: Selection and use of trustworthy and specialized

courier services for the transport of sensitive data.

● Transport security guidelines: Implementation and compliance with internal

security guidelines for transport, including training employees in secure

transport practices.

● Regular review: Conducting regular reviews of transport processes and

procedures to ensure their security and effectiveness.

● Network security: Use secure networks and encrypted communication

channels (e.g., VPN) for electronic data transmission.

● Contingency plans: Implementation of contingency plans and measures for

rapid response to security incidents during transport.

2. Integrity (Art. 32(1)(b) GDPR)

1. Control of disclosure

The processor shall take the following measures, among others, to ensure that data

cannot be read, copied, modified, or removed without authorization during electronic

transmission, transport, or storage on data carriers, and that it is possible to verify and

determine at which points data transmission by data transmission facilities is intended:

Data transfers are encrypted and signed. Access to the system is subject to effective

access controls, see No. 1 lit. c above.

2. Input control

The processor shall take the following measures, among others, to ensure that it can be

subsequently verified and determined whether and by whom data has been entered,

modified, or deleted in data processing systems:All access to data stocks by employees is logged and stored in a log database.

Access to the log database is secured by authorization concepts (see No. 1 lit. a

and b) and is only permitted to persons with the appropriate responsibility.

The log databases are regularly evaluated automatically for signs of misuse and checked

manually on a random basis.

3. Data integrity in the event of malfunctions

Ensuring that stored personal data cannot be damaged by system malfunctions:

The computers located in the processor's network, including the PCs of its employees,

are secured in accordance with central guidelines defined by appropriately trained

employees of the processor.

● Backup solutions: Regular and automated backups of all data to enable

recovery in the event of data loss.

● Redundant systems: Use of redundant systems and hardware to ensure

data availability even in the event of hardware failures.

● Monitoring and alerting: Implementation of monitoring systems that

continuously monitor system status and data integrity and immediately raise

the alarm in the event of anomalies.

● Contingency plans: Development and regular updating of contingency

and recovery plans to enable rapid response to malfunctions and

restoration of normal operations.

● Regular testing: Conducting regular tests of backup and recovery

systems to ensure their reliability and functionality.

● Troubleshooting processes: Establishing clear processes for quickly identifying

and correcting system errors to prevent data loss.

● Security updates: Regular installation of security updates and patches to close

system errors and security gaps.

3. Availability and resilience (Art. 32(1)(b), (c)

GDPR)

1. Availability control

The processor shall take the following measures, including, where applicable, with the

assistance of (sub)processor No. 1 as specified in Annex IV and (sub)processor No. 2 as

specified in Annex IV, to ensure that data is protected against accidental destruction or

loss:

● An uninterruptible power supply (UPS) is installed.

● Firewall and virus protection systems are used.● Patch management for software is set up.

● An air conditioning system is installed.

● A fire alarm system has been installed.

2. Rapid recoverability

● Regular data backups are performed.

● The hard drives are mirrored using a RAID system.

4. Procedures for regular review, assessment, and

evaluation (Art. 32(1)(d) GDPR; Art. 25(1) GDPR)

1. Order control

The processor shall take the following measures, among others, to ensure that data

processing can be carried out in accordance with the instructions:

The responsibilities of the controller and processor are set out in the service

agreement. The processor will only act when instructed to do so by the controller. The

scope of the order is specified by the controller in each instruction. The controller may

regulate which basic requirements must be observed in the instructions, such as the

scope of data storage and processing.

2. Data protection management;

incident response

management;

Data protection-friendly default settings (Art.

25

(2) GDPR)

A data protection management system is in place and is implemented, for example,

through the regular introduction and updating of data protection and data security

requirements, during which the current status is also reviewed, assessed, and evaluated.

In the event of data protection incidents, rapid clarification of the facts and a rapid

response to protect the interests of those affected are ensured, in particular through the

appointment of a data protection officer or the designation of a contact person for data

protection.

5. Further description of technical and

organizational measures

1. Description of the technical and organizational security measures taken by

the controller(s) (including all relevant certifications) to ensure an adequate

level of protection, taking into accounttaking into account the nature, scope, context, and purposes of processing as

well as the risks to the rights and freedoms of natural persons Examples of

possible measures:

In addition to the above descriptions in Nos. 1 to 4, the following applies: The

measures taken by (sub)processor No. 1 are specified in more detail in Annex IIIb.

According to this, an information security management system (ISMS) in

accordance with ISO 27001

at the (sub)processor No. 1, which is primarily used. The same applies accordingly to

(sub)processor No. 2 in accordance with Annex IIIc.

2. Measures for the pseudonymization and encryption of personal data

See the provision under No. 1 lit. e above.

3. Measures to ensure the ongoing confidentiality, integrity, availability, and

resilience of the systems and services in connection with processing

See the provision under No. 2 above.

4. Measures to ensure the ability to quickly restore the availability of and access

to personal data in the event of a physical or technical incident

See the provision under No. 3 above.

5. Procedures for regularly reviewing, assessing, and evaluating the effectiveness

of technical and organizational measures to ensure the security of processing

See the provision under No. 4 above.

6. Measures for identifying and authorizing users See the

provision under No. 1 lit. a, b, and c above.

7. Measures to protect data during transmission See the

provision under No. 1 i and j above.

8. Measures to protect data during storage See the provision

under No. 1(g) above.

9. Measures to ensure the physical security of locations where personal data is

processed

See the provision under No. 1 lit. a, b, and c above.

10. Measures to ensure the logging of eventsSee the provision under No. 2(b) above and in No. 1(a), (b), and (c).

11. Measures to ensure system configuration, including standard

configuration

See the provision under No. 4(b) above.

12. Measures for internal governance and management of IT and IT security See

the above provisions, including No. 1 lit. b.

13. Measures for the certification/quality assurance of processes and products

See the provision under No. 5(a) above.

14. Measures to ensure data minimization

No data is stored by the processor, apart from access data. Only data that is voluntarily

provided by whistleblowers is collected, unless it is technically necessary to process

data, at least temporarily, for example, the IP address when accessing the website.

15. Measures to ensure data quality

See the provision under No. 2 above. Data is stored using a RAID system with regular

scrubbing, among other things, to ensure integrity.

16. Measures to ensure limited data retention

Measures are taken to prevent security incidents, such as a

distributed denial of service (DDOS) attack.

17. Measures to ensure accountability

All relevant changes to data via the front end are logged so that it is clear whether data

has been changed and, if so, details of this are available.

18. Measures to enable data portability and ensure erasure

See the provision under No. 1(i) and (g) above.

19. Description of the specific technical and organizational measures that the

processor must take to support the controller

See the provisions above in Nos. 1, 2, and 3.

20. Specific technical and organizational measures that the

(sub)processor must take to support the controller.See the provisions in Annex IIIb and Annex IIIc.

ANNEX IIIb

Google Cloud Data Processing Addendum (Customers)

This Cloud Data Processing Addendum (including its appendices, the “Addendum”) is incorporated into the Agreement(s) (as defined below) between Google and Customer. This Addendum was formerly known as the “Data Processing and Security Terms” under an Agreement for Google Cloud Platform, Looker (original) or Google SecOps Services, the “Data Processing Amendment” under an Agreement for Google Workspace or Cloud Identity or the “Data Processing Addendum” under an Agreement for Mandiant Consulting Services and Managed Services.

Collapse all

General Terms

1. Overview

This Addendum describes the parties’ obligations, including under applicable privacy, data security, and data protection laws, with respect to the processing and security of Customer Data (as defined below). This Addendum will be effective on the Addendum Effective Date (as defined below), and will replace any terms previously applicable to the processing and security of Customer Data. Capitalized terms used but not defined in this Addendum have the meaning given to them in the Agreement.

2. Definitions

2.1 In this Addendum:

• “Addendum Effective Date” means the date on which Customer accepted, or the parties otherwise agreed to, this Addendum. 

• “Additional Security Controls” means security resources, features, functionality, and controls that Customer may use at its option and as it determines, including the Admin Console, encryption, logging and monitoring, identity and access management, security scanning, and firewalls.

• “Agreement” means the contract under which Google has agreed to provide the applicable Services to Customer.

• “Applicable Privacy Law” means, as applicable to the processing of Customer Personal Data, any national, federal, European Union, state, provincial or other privacy, data security, or data protection law or regulation. 

• “Audited Services” means the then-current Services indicated as being in-scope for the relevant certification or report at https://cloud.google.com/security/compliance/services-in-scope. Google may not remove any Services from this URL unless they have been discontinued in accordance with the applicable Agreement.

• “Compliance Certifications” has the meaning given in Section 7.4 (Compliance Certifications and SOC Reports).

• “Customer Data”, if not defined in the Agreement, has the meaning given in Appendix 4 (Specific Products).

• “Customer Personal Data” means the personal data contained within the Customer Data, including any special categories of personal data or sensitive data defined under Applicable Privacy Law.

• “Data Incident” means a breach of Google’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Google.

• “EMEA” means Europe, the Middle East and Africa.

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

• “European Data Protection Law” means, as applicable: (a) the GDPR; or (b) the Swiss FADP.

• “European Law” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data); or (c) the law of Switzerland (if the Swiss FADP applies to the processing of Customer Personal Data).

• “GDPR” means, as applicable: (a) the EU GDPR; or (b) the UK GDPR.

• “Google’s Third-Party Auditor” means a Google-appointed, qualified and independent third-party auditor, whose then-current identity Google will disclose to Customer.

• “Instructions” has the meaning given in Section 5.2 (Compliance with Customer’s Instructions).

• “Notification Email Address” means the email address(es) designated by Customer in the Admin Console or Order Form to receive certain notifications from Google. 

• “Security Documentation” means the Compliance Certifications and the SOC Reports.

• “Security Measures” has the meaning given in Section 7.1.1 (Google’s Security Measures).

• “Services” means the applicable services described in Appendix 4 (Specific Products).

• “SOC Reports” has the meaning given in Section 7.4 (Compliance Certifications and SOC Reports).

• “Subprocessor” means a third party authorized as another processor under this Addendum to process Customer Data in order to provide parts of the Services and TSS (if applicable).

• “Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; or (b) the “Commissioner” as defined in the UK GDPR or the Swiss FADP.

• “Swiss FADP” means, as applicable, the Federal Act on Data Protection of 19 June 1992 (Switzerland) (with the Ordinance to the Federal Act on Data Protection of 14 June 1993) or the revised Federal Act on Data Protection of 25 September 2020 (Switzerland) (with the Ordinance to the Federal Act on Data Protection of 31 August 2022).

• “Term” means the period from the Addendum Effective Date until the end of Google’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 Google may continue providing the Services for transitional purposes.

• “UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act.

2.2 The terms “personal data”, “data subject”, “processing”, “controller”, and “processor” as used in this Addendum have the meanings given by Applicable Privacy Law or, absent any such meaning or law, by the EU GDPR.

2.3 The terms “data subject”, “controller” and “processor” include “consumer”, “business”, and “service provider”, respectively, as required by Applicable Privacy Law.

3. Duration

Regardless of whether the applicable Agreement has terminated or expired, this Addendum will remain in effect until, and automatically expire when, Google deletes all Customer Data as described in this Addendum.

4. Roles; Legal Compliance

4.1 Roles of Parties. Google is a processor and Customer is a controller or processor, as applicable, of Customer Personal Data.

4.2 Processing Summary. The subject matter and details of the processing of Customer Personal Data are described in Appendix 1 (Subject Matter and Details of Data Processing).

4.3 Compliance with Law. Each party will comply with its obligations related to the processing of Customer Personal Data under Applicable Privacy Law.

4.4 Additional Legal Terms. To the extent the processing of Customer Personal Data is subject to an Applicable Privacy Law described in Appendix 3 (Specific Privacy Laws), the corresponding terms in Appendix 3 will apply in addition to these General Terms and prevail as described in Section 14.1 (Precedence).

5. Data Processing

5.1 Processor Customers. If Customer is a processor:

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

i. the Instructions;

ii. Customer’s engagement of Google as another processor; and.

iii. Google’s engagement of Subprocessors as described in Section 11 (Subprocessors);

b. Customer will forward to the relevant controller promptly and without undue delay any notice provided by Google under Section 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests), or 11.4 (Opportunity to Object to Subprocessors); and

c. Customer may make available to the relevant controller any other information made available by Google under this Addendum about the locations of Google data centers or the names, locations and activities of Subprocessors.

5.2 Compliance with Customer’s Instructions. Customer instructs Google to process Customer Data in accordance with the applicable Agreement (including this Addendum) and applicable law only as follows: 

a. to provide, secure, and monitor the Services and TSS (if applicable); and

b. as further specified via:

i. Customer’s use of the Services (including via the Admin Console) and TSS (if applicable); and

ii. any other written instructions given by Customer and acknowledged by Google as constituting instructions under this Addendum

(collectively, the “Instructions”).

Google will comply with the Instructions unless prohibited by European Law, where European Data Protection Law applies, or prohibited by applicable law, where any other Applicable Privacy Law applies.

6. Data Deletion

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

6.2 Return or Deletion When Term Ends. If Customer wishes to retain any Customer Data after the end of the Term, it may instruct Google in accordance with Section 9.1 (Access; Rectification; Restricted Processing; Portability) to return that data during the Term. Subject to Section 6.3 (Deferred Deletion Instruction), Customer instructs Google to delete all remaining Customer Data (including existing copies) from Google’s systems at the end of the Term in accordance with applicable law. After a recovery period of up to 30 days from that date, Google will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage, where European Data Protection Law applies, or applicable law requires storage, where any other Applicable Privacy Law applies.

6.3. Deferred Deletion Instruction. To the extent any Customer Data covered by the deletion instruction described in Section 6.2 (Return or Deletion When Term Ends) is also processed, when the applicable Term under Section 6.2 expires, in relation to an Agreement with a continuing Term, such deletion instruction will take effect with respect to such Customer Data only when the continuing Term expires. For clarity, this Addendum will continue to apply to such Customer Data until its deletion by Google.

7. Data Security

7.1 Google’s Security Measures, Controls and Assistance.

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

7.1.2 Access and Compliance. Google will:

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

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

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

7.1.3 Additional Security Controls. Google will make Additional Security Controls available to:

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

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

7.1.4 Google’s Security Assistance. Google will (taking into account the nature of the processing of Customer Personal Data and the information available to Google) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations relating to security and personal data breaches under Applicable Privacy Law, by:

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

b. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls);

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

d. making the Security Documentation available in accordance with Section 7.5.1 (Reviews of Security Documentation) and providing the information contained in the applicable Agreement (including this Addendum); and

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

7.2 Data Incidents.

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

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

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

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

7.3 Customer’s Security Responsibilities and Assessment.

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

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

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

c. backing up or retaining copies of its Customer Data as appropriate.

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

7.4 Compliance Certifications and SOC Reports. Google will maintain at least the following for the Audited Services to verify the continued effectiveness of the Security Measures:

a. certificates for ISO 27001 and any additional certifications described in Appendix 4 (Specific Products) (the “Compliance Certifications”); and

b. SOC 2 and SOC 3 reports produced by Google’s Third-Party Auditor and updated annually based on an audit performed at least once every 12 months (the “SOC Reports”).

Google may add standards at any time. Google may replace a Compliance Certification or SOC Report with an equivalent or enhanced alternative.

7.5 Reviews and Audits of Compliance.

7.5.1 Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make the Security Documentation available for review by Customer and, if Customer is a processor, allow Customer to request access to the SOC Reports for the relevant controller in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).

7.5.2 Customer’s Audit Rights.

a. Customer Audit. Google will, if required under Applicable Privacy Law, allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify Google’s compliance with its obligations under this Addendum in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits). During an audit, Google will reasonably cooperate with Customer or its auditor as described in this Section 7.5 (Reviews and Audits of Compliance).

b. Customer Independent Review. Customer may conduct an audit to verify Google’s compliance with its obligations under this Addendum by reviewing the Security Documentation (which reflects the outcome of audits conducted by Google’s Third-Party Auditor).

7.5.3 Additional Business Terms for Reviews and Audits.

a. Customer must contact Google’s Cloud Data Protection Team to request:

i. access to the SOC Reports for a relevant controller under Section 7.5.1 (Reviews of Security Documentation); or

ii. an audit under Section 7.5.2(a) (Customer Audit).

b. Following a Customer request under Section 7.5.3(a), Google and Customer will discuss and agree in advance on: 

i. security and confidentiality controls applicable to any access to the SOC Reports by a relevant controller under Section 7.5.1 (Reviews of Security Documentation); 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) (Customer Audit).

c. Google may charge a fee (based on Google’s reasonable costs) for any audit under Section 7.5.2(a) (Customer Audit). Google will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit.

d. Google may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.5.2(a) (Customer Audit) if the auditor is, in Google’s reasonable opinion, not suitably qualified or independent, a competitor of Google, or otherwise manifestly unsuitable. Any such objection by Google will require Customer to appoint another auditor or conduct the audit itself.

e. Any Customer requests under Appendix 3 (Specific Privacy Laws) or Appendix 4 (Specific Products) for access to any SOC reports for a relevant controller or for audits will also be subject to this Section 7.5.3 (Additional Business Terms for Reviews and Audits).

8. Impact Assessments and Consultations

Google will (taking into account the nature of the processing and the information available to Google) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations relating to data protection assessments, risk assessments, prior regulatory consultations or equivalent procedures under Applicable Privacy Law, by:

a. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls) and the Security Documentation available in accordance with Section 7.5.1 (Reviews of Security Documentation);

b. providing the information contained in the applicable Agreement (including this Addendum); and

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

9. Access; Data Subject Rights; Data Export

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

9.2 Data Subject Requests.

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

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

b. promptly notify Customer; and

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

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

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

a. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls);

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

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

10. Data Processing Locations

10.1 Data Storage and Processing Facilities. Subject to Google’s data location commitments under the Service Specific Terms and data transfer commitments under Appendix 3 (Specific Privacy Laws), if applicable, Customer Data may be processed in any country where Google or its Subprocessors maintain facilities.

10.2 Data Center Information. The locations of Google data centers are described in Appendix 4 (Specific Products).

11. Subprocessors

11.1 Consent to Subprocessor Engagement. Customer specifically authorizes Google’s engagement as Subprocessors of those entities disclosed as described in Section 11.2 (Information about Subprocessors) as of the Addendum Effective Date. In addition, without prejudice to Section 11.4 (Opportunity to Object to Subprocessors), Customer generally authorizes Google’s engagement of other third parties as Subprocessors (“New Subprocessors”).

11.2 Information about Subprocessors. Names, locations, and activities of Subprocessors are described in Appendix 4 (Specific Products).

11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, Google will:

a. ensure via a written contract that:

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

ii. if required under Applicable Privacy Laws, the data protection obligations described in this Addendum are imposed on the Subprocessor (as may be further described in Appendix 3 (Specific Privacy Laws)); and

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

11.4 Opportunity to Object to Subprocessors.

a. When Google engages any New Subprocessor during the Term, Google will, at least 30 days before the New Subprocessor starts processing any Customer Data, notify Customer of the engagement (including the name, location and activities of the New Subprocessor).

b. Customer may, within 90 days after being notified of the engagement of a New Subprocessor, object by immediately terminating the applicable Agreement for convenience:

i. in accordance with that Agreement's termination for convenience provision; or

ii. if there is no such provision, by notifying Google.

12. Cloud Data Protection Team; Processing Records

12.1 Cloud Data Protection Team. Google’s Cloud Data Protection Team will provide prompt and reasonable assistance with any Customer queries related to processing of Customer Data under the applicable Agreement and can be contacted as described in the Notices section of the applicable Agreement or in Appendix 4 (Specific Products).

12.2 Google’s Processing Records. Google will keep appropriate documentation of its processing activities as required by Applicable Privacy Law. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Customer, Customer will use the Admin Console or other means identified in Appendix 4 (Specific Products) to supply such information and keep it accurate and up-to-date. Google may make any such information available to competent regulators, including a Supervisory Authority, if required by Applicable Privacy Law.

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

13. Notices

Notices under this Addendum (including notifications of any Data Incidents) will be delivered to the Notification Email Address. Customer is responsible for using the Admin Console to ensure that its Notification Email Address remains current and valid.

14. Interpretation

14.1 Precedence. To the extent of any conflict between:

a. Appendix 3 (Specific Privacy Laws) and the remainder of the Addendum (including Appendix 4 (Specific Products)), Appendix 3 will prevail; and

b. Appendix 4 (Specific Products) and the remainder of the Addendum (excluding Appendix 3), Appendix 4 will prevail; and

c. this Addendum and the remainder of the Agreement, this Addendum will prevail.

For clarity, if Customer has more than one Agreement, this Addendum will amend each of the Agreements separately.

14.2 Section References. Unless indicated otherwise, section references in any Appendix to this Addendum refer to sections of the General Terms of the Addendum.

Appendix 1: Subject Matter and Details of Data Processing

Subject Matter

Google’s provision of the Services and TSS (if applicable) to Customer.

Duration of the Processing

The Term plus the period from the end of the Term until deletion of all Customer Data by Google in accordance with this Addendum.

Nature and Purpose of the Processing

Google will process Customer Personal Data for the purposes of providing the Services and TSS (if applicable) to Customer in accordance with this Addendum.

Categories of Data

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

Data Subjects

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

Appendix 2: Security Measures

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

1. Data Center and Network Security

(a) Data Centers.

Infrastructure. Google maintains geographically distributed data centers. Google stores all production data in physically secure data centers.

Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow Google to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard change process according to documented procedures.

Power. The data center electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data center. Backup power is provided by various mechanisms such as uninterruptible power supplies (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data center, at full capacity, for up to 10 minutes until the backup generator systems take over. The backup generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data center at full capacity typically for a period of days.

Server Operating Systems. Google servers use a Linux based implementation customized for the application environment. Data is stored using proprietary algorithms to augment data security and redundancy.

Code Quality. Google employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.

Businesses Continuity. Google has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

(b) Networks and Transmission.

Data Transmission. Data centers are typically connected via high-speed private links to provide secure and fast data transfer between data centers. This is designed to prevent data from being read, copied, altered or removed without authorization during electronic transfer or transport or while being recorded onto data storage media. Google transfers data via Internet standard protocols.

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

Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Google’s intrusion detection involves: (i) tightly controlling the size and make-up of Google’s attack surface through preventative measures; (ii) employing intelligent detection controls at data entry points; and (iii) employing technologies that automatically remedy certain dangerous situations.

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

Encryption Technologies. Google makes HTTPS encryption (also referred to as SSL or TLS connection) available. Google servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough.

2. Access and Site Controls

(a) Site Controls.

On-site Data Center Security Operation. Google’s data centers maintain an on-site security operation responsible for all physical data center security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor closed circuit TV (CCTV) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data center regularly.

Data Center Access Procedures. Google maintains formal access procedures for allowing physical access to the data centers. The data centers are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data center are required to identify themselves as well as show proof of identity to on-site security operations. Only authorized employees, contractors and visitors are allowed entry to the data centers. Only authorized employees and contractors are permitted to request electronic card key access to these facilities. Data center electronic card key access requests must be made through e-mail, and require the approval of the requestor’s manager and the data center director. All other entrants requiring temporary data center access must: (i) obtain approval in advance from the data center managers for the specific data center and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data center access record identifying the individual as approved.

On-site Data Center Security Devices. Google’s data centers employ a dual authentication access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorized activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorized access throughout the business operations and data centers is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centers are alarmed. CCTV cameras are in operation both inside and outside the data centers. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data center building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centers connect the CCTV equipment. Cameras record on site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for up to 30 days based on activity.

(b) Access Control.

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

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

Internal Data Access Processes and Policies – Access Policy. Google’s internal data access processes and policies are designed to prevent unauthorized persons and systems from gaining access to systems used to process Customer Data. Google designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that Customer Data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. Google employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. Google’s authentication and authorization systems utilize SSH certificates and security keys, and are designed to provide Google with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Google requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Google’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength. For access to extremely sensitive information (e.g. credit card data), Google uses hardware tokens.

3. Data

(a) Data Storage, Isolation and Logging. Google stores data in a multi-tenant environment on Google-owned servers. Subject to any Instructions to the contrary (e.g. in the form of a data location selection), Google replicates Customer Data between multiple geographically dispersed data centers. Google also logically isolates Customer 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 its End Users for specific purposes. Customer may choose to use logging functionality that Google makes available via the Services.

(b) Decommissioned Disks and Disk Erase Policy. Disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Disk Erase Policy”) before leaving Google’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. The erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed. Each facility is audited regularly to monitor compliance with the Disk Erase Policy.

4. Personnel Security

Google personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Google conducts reasonably appropriate background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.

Google personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Google’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Data are required to complete additional requirements appropriate to their role (e.g. certifications). Google’s personnel will not process Customer Data without authorization.

5. Subprocessor Security

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

Appendix 3: Specific Privacy Laws

The terms in each subsection of this Appendix 3 apply only where the corresponding law applies to the processing of Customer Personal Data.

European Data Protection Law

1. Additional Definitions.

• “Adequate Country” means: 

(a) for data processed subject to the EU GDPR: the European Economic Area, or a country or territory recognized as ensuring adequate protection under the EU GDPR;

(b) for data processed subject to the UK GDPR: the UK, or a country or territory recognized as ensuring adequate protection under the UK GDPR and the Data Protection Act 2018; or

(c) for data processed subject to the Swiss FADP: Switzerland, or a country or territory that is: (i) included in the list of the states whose legislation ensures adequate protection as published by the Swiss Federal Data Protection and Information Commissioner, if applicable; or (ii) recognized as ensuring adequate protection by the Swiss Federal Council under the Swiss FADP;

in each case, other than on the basis of an optional data protection framework.

• “Alternative Transfer Solution” means a solution, other than SCCs, that enables the lawful transfer of personal data to a third country in accordance with European Data Protection Law, for example a data protection framework recognized as ensuring that participating entities provide adequate protection.

• “Customer SCCs” means the SCCs (Controller-to-Processor), the SCCs (Processor-to-Processor), or the SCCs (Processor-to-Controller), as applicable.

• “SCCs” means the Customer SCCs or SCCs (Processor-to-Processor, Google Exporter), as applicable.

• “SCCs (Controller-to-Processor)” means the terms at: https://cloud.google.com/terms/sccs/eu-c2p

• “SCCs (Processor-to-Controller)” means the terms at: https://cloud.google.com/terms/sccs/eu-p2c

• “SCCs (Processor-to-Processor)” means the terms at: https://cloud.google.com/terms/sccs/eu-p2p

• “SCCs (Processor-to-Processor, Google Exporter)” means the terms at: https://cloud.google.com/terms/sccs/eu-p2p-google-exporter

2. Instruction Notifications. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Customer’s Instructions) or any other rights or obligations of either party under the applicable Agreement, Google will immediately notify Customer if, in Google’s opinion:

a. European Law prohibits Google from complying with an Instruction;

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

c. Google is otherwise unable to comply with an Instruction,

    in each case unless such notice is prohibited by European Law.

If Customer is a processor, Customer will immediately forward to the relevant controller any notice provided by Google under this section.

3. Customer’s Audit Rights. Google will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) as described in Section 7.5.2(a) (Customer Audit). During such an audit, Google will make available all information necessary to demonstrate compliance with its obligations under this Addendum and contribute to the audit as described in Section 7.5 (Reviews and Audits of Compliance) and this section.

4. Data Transfers.

4.1 Restricted Transfers. The parties acknowledge that European Data Protection Law does not require SCCs or an Alternative Transfer Solution in order for Customer Personal Data to be processed in or transferred to an Adequate Country. If Customer Personal Data is transferred to any other country and European Data Protection Law applies to the transfers (as certified by Customer under Section 4.2 (Certification by Non-EMEA Customers) of these European Data Protection Law terms, if its billing address is outside EMEA) (“Restricted Transfers”), then:

a. if Google has adopted an Alternative Transfer Solution for any Restricted Transfers, Google will inform Customer of the relevant solution and ensure that such Restricted Transfers are made in accordance with it; or

b. if Google has not adopted an Alternative Transfer Solution for any Restricted Transfers, or informs Customer that Google is no longer adopting, an Alternative Transfer Solution for any Restricted Transfers (without adopting a replacement Alternative Transfer Solution):

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

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

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

ii. if Google’s address is not in an Adequate Country, the SCCs (Controller-to-Processor) or SCCs (Processor-to-Processor) will apply (according to whether Customer is a controller or processor) with respect to such Restricted Transfers between Google and Customer.

4.2 Certification by Non-EMEA Customers. If Customer’s billing address is outside EMEA, and the processing of Customer Personal Data is subject to European Data Protection Law, then unless Appendix 4 (Specific Products) of this Addendum indicates otherwise, Customer will certify as such and identify its competent Supervisory Authority via the Admin Console for the applicable Services.

4.3 Information about Restricted Transfers. Google will provide Customer with information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures:

a. as described in Section 7.5.1 (Reviews of Security Documentation);

b. in any additional locations described in Appendix 4 (Specific Products); and

c. in relation to Google’s adoption of an Alternative Transfer Solution, athttps://cloud.google.com/terms/alternative-transfer-solution.

4.4 SCC Audits. If Customer SCCs apply as described in Section 4.1 (Restricted Transfers) of these European Data Protection Law terms, Google will allow Customer (or an independent auditor appointed by Customer) to conduct audits as described in those SCCs and, during an audit, make available all information required by those SCCs, both in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).

4.5 SCC Notices. Customer will forward to the relevant controller promptly and without undue delay any notice that refers to any SCCs.

4.6 Termination Due to Data Transfer Risk. If Customer concludes, based on its current or intended use of the Services, that appropriate safeguards are not provided for transferred Customer Personal Data, then Customer may immediately terminate the applicable Agreement in accordance with that Agreement's termination for convenience provision or, if there is no such provision, by notifying Google.

4.7 No Modification of SCCs. Nothing in the Agreement (including this Addendum) is intended to modify or contradict any SCCs or prejudice the fundamental rights or freedoms of data subjects under European Data Protection Law.

4.8 Precedence of SCCs. To the extent of any conflict or inconsistency between any Customer SCCs (which are incorporated by reference into this Addendum) and the remainder of the Agreement (including this Addendum), the Customer SCCs will prevail.

5. Requirements for Subprocessor Engagement. European Data Protection Law requires Google to ensure via a written contract that the data protection obligations described in this Addendum, as referred to in Article 28(3) of the GDPR, if applicable, are imposed on any Subprocessor engaged by Google.

CCPA

1. Additional Definitions.

• “CCPA” means the California Consumer Privacy Act of 2018, as amended, including as amended by the California Privacy Rights Act of 2020, together with all implementing regulations.

• “Customer Personal Data” includes “personal information”.

• The terms “business”, “business purpose”, “consumer”, “personal information”, “processing”, “sale”, “sell”, “service provider”, and “share” have the meanings given in the CCPA.

2. Prohibitions. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Customer’s Instructions), with respect to the processing of Customer Personal Data in accordance with the CCPA, Google will not, unless otherwise permitted under the CCPA: 

a. sell or share Customer Personal Data;

b. retain, use or disclose Customer Personal Data: 

i. other than for a business purpose under the CCPA on behalf of Customer and for the specific purpose of performing the Services and TSS (if applicable); or

ii. outside of the direct business relationship between Google and Customer; or

c. combine or update Customer Personal Data with personal information that Google receives from or on behalf of a third party or collects from its own interactions with the consumer.

3. Compliance. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Customer’s Instructions) or any other rights or obligations of either party under the applicable Agreement, Google will notify Customer if, in Google’s opinion, Google is unable to meet its obligations under the CCPA, unless such notice is prohibited by applicable law. 

4. Customer Intervention. If Google notifies Customer of any unauthorized use of Customer Personal Data, including under Section 3 (Compliance) of this subsection or Section 7.2.1 (Incident Notification), Customer may take reasonable and appropriate steps to stop or remediate such unauthorized use by:

a. taking any measures recommended by Google pursuant to Section 7.2.2 (Details of Data Incident), if applicable; or

b. exercising its rights under Section 7.5.2(a) (Customer Audit) or 9.1 (Access; Rectification; Restricted Processing; Portability).

Turkey

1. Data Transfers.

1.1 If Customer’s billing address is in Turkey and Customer accepts any additional terms made available separately by Google in relation to transfers of Customer Personal Data under the Turkish Law on the Protection of Personal Data No. 6698 dated April 7, 2016, those terms will supplement this Addendum.

1.2 If Customer concludes, based on its current or intended use of the Services, that appropriate safeguards are not provided for transferred Customer Personal Data, then Customer may immediately terminate the applicable Agreement in accordance with that Agreement's termination for convenience provision or, if there is no such provision, by notifying Google.

Israel

1. Additional Definition.

• “Israeli Privacy Protection Law” means the Israeli Privacy Protection Law, 1981 and any regulations promulgated thereunder.

2. Equivalent Terms. Any terms equivalent to “controller”, “personal data”, “processing”, and “processor”, as used in this Addendum, have the meanings given in the Israeli Privacy Protection Law.

3. Customer’s Audit Rights. Google will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) as described in Section 7.5.2(a) (Customer Audit).

Appendix 4: Specific Products

The terms in each subsection of this Appendix 4 apply solely with respect to the processing of Customer Data by the corresponding Service(s).

Google Cloud Platform

1. Additional Definitions.

• “Account”, if not defined in the Agreement, means Customer’s Google Cloud Platform account.

• “Customer Data”, if not defined in the Agreement, means data provided to Google by Customer or End Users through Google Cloud Platform under the Account, and data that Customer or End Users derive from that data through their use of Google Cloud Platform.

• “Google Cloud Platform” means the Google Cloud Platform services described athttps://cloud.google.com/terms/services, excluding any Third-Party Offerings.

• “Third-Party Offerings”, if not defined in the Agreement, means (a) third-party services, software, products, and other offerings that are not incorporated into Google Cloud Platform or Software, (b) offerings identified in the "Third-Party Terms" section of the Service Specific Terms of the Agreement, and (c) third-party operating systems.

2. Compliance Certifications. The Compliance Certifications for Google Cloud Platform Audited Services will also include certificates for ISO 27017 and ISO 27018 and a PCI DSS Attestation of Compliance.

3. Data Center Locations. The locations of Google Cloud Platform data centers are described athttps://cloud.google.com/about/locations/.

4. Information about Subprocessors. Names, locations, and activities of Google Cloud Platform Subprocessors are described at https://cloud.google.com/terms/subprocessors.

5. Cloud Data Protection Team. The Data Protection Team for Google Cloud Platform can be contacted athttps://support.google.com/cloud/contact/dpo.

6. Information about Restricted Transfers. Additional information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures is available at cloud.google.com/privacy/.

7. Service Specific Terms.

Bare Metal Solution (Google Cloud Platform)

Bare Metal Solution provides non-virtualized access to underlying infrastructure resources and, by design, has certain distinct characteristics.

1. Amendments. This Addendum is amended as follows with respect to Bare Metal Solution: 

• The definition of "Google's Third-Party Auditor" is replaced with the following:  

  • "Google's Third-Party Auditor” means a qualified and independent third-party auditor appointed by Google or a Bare Metal Solution Subprocessor, whose then-current identity Google will disclose to Customer on request.

• The following terms are deleted: 

  • From Section 7.1.1 (Google's Security Measures), the phrase "encrypt personal data";

  • From Appendix 2 (Security Measures), the Section 1(a) subsections titled "Server Operating Systems" and "Business Continuity";

  • From Appendix 2, the Section 1(b) subsections titled "External Attack Surface," "Intrusion Detection," and "Encryption Technologies"; and

  • From Appendix 2, the following sentences of Section 3(a):  

    • Google stores data in a multi-tenant environment on Google-owned servers. Subject to any Customer instructions to the contrary (for example, in the form of a data location selection), Google replicates Customer Data between multiple geographically dispersed data centers.

2. Compliance Certifications and SOC Reports. Google or its Subprocessor will maintain at least the following (or an equivalent or enhanced alternative) for Bare Metal Solution to verify the continued effectiveness of the Security Measures:

a. a certificate for ISO 27001 and a PCI DSS Attestation of Compliance (the "BMS Compliance Certifications"); and

b. SOC 1 and SOC 2 reports updated annually based on an audit performed at least once every 12 months (the "BMS SOC Reports").

3. Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make the BMS Compliance Certifications and BMS SOC Reports available for review by Customer and, if Customer is a processor, allow Customer to request access for the relevant controller to the BMS SOC Reports in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).

4. Customer Obligations. Without limiting Google's express obligations related to Bare Metal Solution, Customer will take reasonable steps to protect and maintain the security of Customer Data and any other content stored on or processed through Bare Metal Solution.

5. Disclaimer. Notwithstanding anything to the contrary in the Agreement (including this Addendum), Google is not responsible for any of the following in relation to Bare Metal Solution:

a. non-physical security, such as access controls, encryption, firewalls, antivirus protection, threat detection, and security scanning;

b. logging and monitoring;

c. non-hardware maintenance or support;

d. data backup, including any redundancy or high-availability configuration; or

e. business continuity and disaster recovery policies or procedures.

Customer is solely responsible for securing (other than physical security of Bare Metal Solution servers), logging and monitoring, maintaining and supporting, and backing up any Operating Systems, Customer Data, software, and applications Customer uses with, uploads to, or hosts on Bare Metal Solution.

Cloud NGFW (Google Cloud Platform)

The edition of Cloud NGFW titled “Cloud NGFW Enterprise” (“CNE”) is designed to mitigate cybersecurity risks and, as such, has certain distinct characteristics.

1. Amendments.  The Addendum is amended as follows with respect to CNE:

• Sections 6.1 (Deletion by Customer) and 6.2 (Return or Deletion When Term Ends) will not prevent Google or Subprocessors from retaining any file or network traffic packet capture submitted for TSS purposes and designated by CNE as a security threat, provided that the file or network traffic packet capture does not include Customer Personal Data.

Google Distributed Cloud Edge (Google Cloud Platform)

Google Distributed Cloud Edge (“GDCE”) is not deployed at a Google data center and, by design, has certain distinct characteristics.

1. Amendments. This Addendum is amended as follows with respect to GDCE:

• References to “Google’s systems” are replaced with “the Equipment."

• Section 6.2 (Return or Deletion When Term Ends) is replaced with the following: 

  • 6.2 Return or Deletion at the end of the Term. Customer instructs Google to delete all remaining Customer Data (including existing copies) from the Equipment at the end of the Term in accordance with applicable law. If Customer wishes to retain any Customer Data after the end of the Term, it may export or make copies of such data prior to the end of the Term. Google will comply with the Instruction in this Section 6.2 as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage, where European Data Protection Law applies, or applicable law requires storage, where any other Applicable Privacy Law applies.

• The following words are added to the end of Section 10.1 (Data Storage and Processing Facilities): “or where the Customer Location is located.”

• Section 1 (Data Center and Network Security) of Appendix 2 (Security Measures) is replaced with the following: 

  • 1. Local Machines and Network Security

Local Machines. Customer Data is solely stored on the Equipment to be deployed in a Customer Location.

Server Operating Systems. Google servers use a Linux based implementation customized for the application environment. Google employs a code review process to increase the security of the code used to provide GDCE and enhance the security products in GDCE production environments.

Encryption Technologies. Google makes HTTPS encryption (also referred to as SSL or TLS connection) available and allows for encryption of data in transit. Google servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough. Google also makes encryption of data at rest available, using at least AES128 or similar. GDCE has a CMEK integration; more information can be found athttps://cloud.google.com/kms/docs/cmek.

Connection to Cloud VPN. Google allows Customer to enable and configure a strong, encrypted interconnection between the Equipment and Customer's Virtual Private Cloud using Cloud VPN through an IPSEC VPN connection.

Bound Storage. Customer's data storage is bound to the server. Should a disk be stolen or copied at rest, the contents of such disk will be unrecoverable outside of the server.

• Sections 2 (Access and Site Controls) and 3 (Data) of Appendix 2 (Security Measures) are deleted.

2. Inapplicable Provisions. Any Google obligations in the Agreement (including this Addendum) or statements in associated security documentation (including whitepapers) that depend on Google’s operation of a Google data center do not apply to GDCE.

Google-Managed Multi-Cloud (Google Cloud Platform)

Google-Managed Multi-Cloud Services involve third-party infrastructure and, by design, have certain distinct characteristics.

1. Additional Definition.

• “Google-Managed MCS Data Processing Amendment” means the terms athttps://cloud.google.com/terms/mcs-data-processing-terms.

2. Multi-Cloud Data Processing Terms. The Google-Managed MCS Data Processing Amendment supplements and amends this Addendum with respect to Google-Managed Multi-Cloud Services for Google Cloud Platform.

Google Cloud VMware Engine (Google Cloud Platform)

Google may not have access to Customer's VMware environment or be able to encrypt personal data in Customer's VMware environment. 

NetApp Volumes (Google Cloud Platform)

1. Amendments. This Addendum is amended as follows with respect to NetApp Volumes:

• The definition of "Google's Third-Party Auditor" is replaced with the following: 

  • "Google's Third Party Auditor” means a qualified and independent third party auditor appointed by Google or a NetApp Volumes Subprocessor, whose then-current identity Google will disclose to Customer on request.

• Section 3(a) (Data Storage, Isolation and Logging) of Appendix 2 (Security Measures) is replaced with the following: 

  • (a) Data Storage, Isolation and Logging. Google stores data in a multi-tenant environment on servers owned by NetApp, Inc. Subject to any Instructions to the contrary (e.g. in the form of a data location selection), Google replicates Customer Data between multiple geographically dispersed data centers. Google also logically isolates Customer 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 its End Users for specific purposes. Customer may choose to use logging functionality that Google makes available via the Services.

2. Compliance Certifications and SOC Reports. Google or its Subprocessor will obtain at least the following (or an equivalent or enhanced alternative) for NetApp Volumes:

a. a certificate for ISO 27001 and a PCI DSS Attestation of Compliance (the "NetApp Compliance Certifications"); and

b. SOC 1 and SOC 2 Reports updated annually based on an audit performed at least once every 12 months (the "NetApp SOC Reports").

3. Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make any NetApp Compliance Certifications and NetApp SOC Reports available for review by Customer and, if Customer is a processor, allow Customer to request access for the relevant controller to the NetApp SOC Reports in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).

Google Workspace and Cloud Identity

1. Additional Definitions.

• “Account”, if not defined in the Agreement, means Customer’s Google Workspace or Cloud Identity account.

• “Cloud Identity” when purchased under a standalone Agreement and not as part of Google Cloud Platform or Google Workspace, means the Cloud Identity Services described athttps://cloud.google.com/terms/identity/user-features.

• “Customer Data”, if not defined in the Agreement, means data submitted, stored, sent or received by or on behalf of Customer or its End Users via Google Workspace or Cloud Identity under the Account.

• “Google Workspace” means the Google Workspace or Google Workspace for Education services described at https://workspace.google.com/terms/user_features.html, as applicable.

2. Additional Products. If Google at its option makes Additional Products available to Customer for use with Google Workspace or Cloud Identity in accordance with applicable Additional Product Terms:

a. Customer may enable or disable Additional Products via the Admin Console and will not need to use Additional Products in order to use Google Workspace or Cloud Identity; and

b. if Customer opts to install any Additional Products or to use them with Google Workspace or Cloud Identity, the Additional Products may access Customer Data as required to interoperate with Google Workspace or Cloud Identity, as applicable.

For clarity, this Addendum does not apply to the processing of personal data in connection with the provision of any Additional Products installed or used by Customer, including personal data transmitted to or from such Additional Products.

3. Compliance Certifications. The Compliance Certifications for Google Workspace and Cloud Identity Audited Services will also include certificates for ISO 27017 and ISO 27018.

4. Data Center Locations. The locations of Google Workspace and Cloud Identity data centers are described athttps://www.google.com/about/datacenters/locations/.

5. Information about Subprocessors. Names, locations, and activities of Google Workspace and Cloud Identity Subprocessors are described at https://workspace.google.com/intl/en/terms/subprocessors.html.

6. Cloud Data Protection Team. The Data Protection Team for Google Workspace and Cloud Identity (while Administrators are signed in to their Admin Account) can be contacted athttps://support.google.com/a/contact/googlecloud_dpr. 

7. Additional Security Measures. For Google Workspace and Cloud Identity:

a. Google logically separates each End User’s data from the data of other End Users; and

b. data for an authenticated End User will not be displayed to another End User (unless the former End User or an Administrator allows the data to be shared).

8. Information about Restricted Transfers. Additional information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures is available at cloud.google.com/privacy/.

9. Service Data Addendum. If Google makes an optional Service Data Addendum available for acceptance by Customer in relation to this Addendum, availability of that optional addendum will constitute a “DPA Update” if such term is defined in any Service Data Addendum previously entered into by Customer.

10. Service Specific Terms.

AppSheet (Google Workspace)

1. Amendments. This Addendum is amended as follows with respect to AppSheet:

• The paragraph titled “Server Operating Systems” in Section 1(a) of Appendix 2 (Security Measures) is replaced with the following: 

  • Server Operating Systems. Google servers use a Linux based implementation customized for the application environment.

2. Additional Data Center Locations. Additional data center locations for AppSheet are described athttps://cloud.google.com/about/locations/.

Looker (original)

1. Additional Definitions.

• “Admin Console” means any admin console applicable to each Instance.

• “Google-Managed MCS Data Processing Amendment” means, if applicable, the terms athttps://cloud.google.com/terms/mcs-data-processing-terms.

• “Google-Managed Multi-Cloud Services” means, if applicable, specified Google services, products and features that are hosted on the infrastructure of a third party cloud provider.

• “Looker (original)” means an integrated platform (including cloud-based infrastructure, if applicable, and software components including any associated APIs) that enables businesses to analyze data and define business metrics across multiple data sources made available by Google to Customer under the Agreement. Looker (original) excludes Third-Party Offerings.

• “Multi-Cloud Service Third-Party Provider” has the meaning given in the Google-Managed MCS Data Processing Amendment.

• “Order Form” has the meaning given in the Agreement, unless Customer has purchased via a reseller or online marketplace or is using Looker only for trial or evaluation purposes under a trial or evaluation agreement, in which case Order Form may mean another written form (email or other electronic means permitted) as authorized by Google.

2. Amendments. This Addendum is amended as follows with respect to Looker (original):

• The definition of “Notification Email Address” is replaced with the following: 

  • ”Notification Email Address” means the email address(es) designated by Customer in the Order Form or via Looker (as applicable) to receive certain notifications from Google.

• The definitions of “SCCs (Controller-to-Processor)”, “SCCs (Processor-to-Controller)”, “SCCs (Processor-to-Processor)” and “SCCs (Processor-to-Processor, Google Exporter)” in Appendix 3 (Specific Privacy Laws) are replaced with the following:

  • “SCCs (Controller-to-Processor)” means the terms at:https://cloud.google.com/terms/looker/legal/sccs/eu-c2p;

  • “SCCs (Processor-to-Controller)” means the terms at:https://cloud.google.com/terms/looker/legal/sccs/eu-p2c;

  • “SCCs (Processor-to-Processor)” means the terms at:https://cloud.google.com/terms/looker/legal/sccs/eu-p2p; and

  • “SCCs (Processor-to-Processor, Google Exporter)” means the terms at:https://cloud.google.com/terms/looker/legal/sccs/eu-p2p-intra-group.

• The following words are added to the end of Section 10.1 (Data Storage and Processing Facilities): “or where any Multi-Cloud Service Third-Party Providers maintain facilities.”

3. Additional Customer Security Responsibilities. Customer is responsible for the security of Customer's environment, databases, and configuration for Looker (original) excluding systems managed and controlled by Google.

4. Compliance Certifications and SOC Reports. The Compliance Certifications and SOC Reports for Looker (original) Audited Services may vary according to the hosting environment in which the relevant Services are used. Google will provide details of the Compliance Certifications and SOC Reports available for specific hosting environments on request.

5. Data Center Locations. The locations of Looker (original) data centers will be described on the applicable Order Form or otherwise identified by Google.

6. No Certification by Non-EMEA Customers. Customer is not obliged to certify or identify its competent Supervisory Authority as described in Section 4.2 (Certification by Non-EMEA Customers) of the European Data Protection terms in Appendix 3 (Specific Privacy Laws) for Looker (original).

7. Information about Restricted Transfers. Additional information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures for Looker (original) is available athttps://docs.looker.com.

8. Information about Subprocessors. Names, locations and activities of Subprocessors for Looker (original) are described at:

a. https://cloud.google.com/terms/looker/privacy/lookeroriginal-subprocessors and

b. https://cloud.google.com/terms/subprocessors.

9. Google-Managed Multi-Cloud (Looker (original))

Google-Managed Multi-Cloud Services involve third-party infrastructure and, by design, have certain distinct characteristics.

9.1 Multi-Cloud Data Processing Terms. The Google-Managed MCS Data Processing Amendment supplements and amends this Addendum with respect to Google-Managed Multi-Cloud Services for Looker (original).

10. Cloud Data Protection Team. The Data Protection Team for Looker (original) can be contacted athttps://support.google.com/cloud/contact/dpo. 

11. Google’s Processing Records. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Customer, Customer will supply such information to Google upon request, and notify Google of any updates required to keep such information accurate and up-to-date, unless Google requests that Customer supply and update such information via another means.

12. Additional Application Security Measures. Google will implement and maintain the additional Security Measures described below for Looker (original):

a. Google follows at least industry standard practices for security architecture. Proxy servers used for Google’s applications help secure access to Looker by providing a single point to filter attacks through IP denylisting and connection rate limiting.

b. Customer administrators control access to applications by Google personnel to provide technical support requested by Customer or End Users.

SecOps Services

1. Additional Definitions.

• “Account”, if not defined in the Agreement, means Customer’s SecOps Services or Google Cloud Platform account, as applicable.

• “Customer Data”, if not defined in the Agreement, means data provided to Google by Customer or End Users through SecOps Services under the Account or, for Mandiant Consulting Services and Managed Services, in connection with receiving SecOps Services.

• “Customer-Engaged Provider” means a service provider (which may include a processor or subprocessor) directly engaged by Customer under a separate agreement between Customer and such provider.

• “SecOps Services” means the SecOps Services described athttps://cloud.google.com/terms/secops/services, excluding any Third-Party Offerings.

• “Third-Party Offerings”, if not defined in the Agreement, means (a) third-party services, software, products, and other offerings that are not incorporated into SecOps Services or Software, and (b) third-party operating systems.

2. Amendments. This Addendum is amended as follows with respect to SecOps Services:

• The definition of "Additional Security Controls” is replaced with the following:  

  • “Additional Security Controls” means security resources, features, functionality and/or controls (if any) that Customer may use at its option and/or as it determines, including (if any) encryption, logging and monitoring, identity and access management, and security scanning.

• The definition of “Audited Services” is replaced with the following: 

  • “Audited Services” means the then-current SecOps Services indicated as being in-scope for the relevant certification or report at https://cloud.google.com/security/compliance/secops/services-in-scope. Google may not remove any SecOps Services from this URL unless they have been discontinued in accordance with the applicable Agreement.

• The definitions of “SCCs (Controller-to-Processor)”, “SCCs (Processor-to-Controller)”, “SCCs (Processor-to-Processor)” and “SCCs (Processor-to-Processor, Google Exporter)” in Appendix 3 (Specific Privacy Laws) are replaced with the following:

  • “SCCs (Controller-to-Processor)” means the terms at: https://cloud.google.com/terms/secops/sccs/eu-c2p;

  • “SCCs (Processor-to-Controller)” means the terms at: https://cloud.google.com/terms/secops/sccs/eu-p2c;

  • “SCCs (Processor-to-Processor)” means the terms at: https://cloud.google.com/terms/secops/sccs/eu-p2p; and

  • “SCCs (Processor-to-Processor, Google Exporter)” means the terms at:https://cloud.google.com/terms/secops/sccs/eu-p2p-google-exporter.

• Section 6.1 (Deletion by Customer) is modified to read as follows: 

  • 6.1 Deletion by Customer. Google will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services or upon request. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, or if Customer requests deletion of any Customer Data during the Term, this use or request (as applicable) will constitute an Instruction to Google to delete the relevant Customer Data from Google’s systems in accordance with applicable law. Google will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage, where European Data Protection Law applies, or applicable law requires storage, where any other Applicable Privacy Law applies.

• Section 7.4 (Compliance Certifications and SOC Reports) of the Addendum is modified to read as follows:

  • 7.4 Compliance Certifications and SOC Reports. Google will maintain at least the certifications and reports as identified at https://cloud.google.com/security/compliance/secops/services-in-scope for the Audited Services to verify the continued effectiveness of the Security Measures (the “Compliance Certifications” and “SOC Reports”). 

Google may add standards at any time. Google may replace a Compliance Certification or SOC Report with an equivalent or enhanced alternative.

• Section 9.1 (Access; Rectification; Restricted Processing; Portability) is modified to read as follows:

9.1 Access; Rectification; Restricted Processing; Portability. During the Term, Google will enable Customer, in a manner consistent with the functionality of the Services, to access, rectify and restrict processing of Customer Data, including as described in Section 6.1 (Deletion by Customer), and to export Customer Data upon request. If Customer becomes aware that any Customer Personal Data is inaccurate or outdated, Customer will be responsible for notifying Google and Google will assist Customer in rectifying that data if required by Applicable Privacy Law.

3. Data Center Locations. The locations of SecOps Services data centers are described at https://cloud.google.com/terms/secops/data-residency.

4. No Certification by Non-EMEA Customers. Customer is not obliged to certify or identify its competent Supervisory Authority as described in Section 4.2 (Certification by Non-EMEA Customers) of the European Data Protection terms in Appendix 3 (Specific Privacy Laws) for SecOps Services.

5. Information about Subprocessors. Names, locations, and activities of Subprocessors for SecOps Services are described at https://cloud.google.com/terms/secops/subprocessors.

6. Cloud Data Protection Team. The Data Protection Team for SecOps Services can be contacted at https://support.google.com/cloud/contact/dpo (and/or via such other means as Google may provide from time to time).

7. Google’s Processing Records. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Customer, Customer will supply such information to Google upon request, and notify Google of any updates required to keep such information accurate and up-to-date, unless Google requests that Customer supply and update such information via another means.

8. Service Specific Terms.

Mandiant Consulting Services and Managed Services

Mandiant Consulting Services and Managed Services provide advisory and implementation services (including incident response, strategic readiness, and technical assurance to mitigate threats and reduce incident-related risks) and managed detection and response services and by design, have certain distinct characteristics.

1. Amendments. The Addendum is amended as follows solely with respect to Mandiant Consulting Services and Managed Services:

• The definition of “Data Incident” is supplemented with the following: 

  • For clarity, Data Incident excludes incidents that are the subject of the Mandiant Consulting Services and/or Managed Services, as applicable.

• Section 5.2(b)(i) (Compliance with Customer’s Instructions) is replaced with the following:

  • i. Customer’s use of the Services; and

• The second sentence of Section 7.1.1 (Google’s Security Measures) is modified to read as follows:

  • The Security Measures may include (as appropriate) measures to encrypt Customer Data; to help ensure ongoing confidentiality, integrity, availability and resilience of Google’s systems and services; to help restore timely access to Customer Data following an incident; and for regular testing of effectiveness.

• Section 7.3.1(b) is modified to read as follows:

  • b. administering, managing access to and securing the account authentication credentials, systems, software, networks and devices that Customer uses to receive, or authorizes Google to access in order to provide, the Mandiant Consulting Services and/or Managed Services, as applicable;

• New Sections 7.3.1(d) and (e) are added as follows:

  • d. minimizing the amount of Customer Data provided by or on behalf of Customer to Google; and

  • e. to the extent Google’s access to Customer Data is within Customer’s control, revoking that access when Google has completed the Mandiant Consulting Services and/or Managed Services, as applicable.

• Appendix 2 (Security Measures) is replaced with the following:

  • Appendix 2: Additional Technical and Organizational Measures

1. Customer-Controlled Environment. Google will only access and process Customer Data provided by or on behalf of Customer to Google via a Customer-controlled or Customer-approved account or environment.

2. Data Access Processes and Policies – Access Policy. Google’s data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process Customer Data. Google (i) only allows persons to access data they are authorized to access; and (ii) takes steps to ensure that personal data cannot be read, copied, altered or removed without authorization during processing and use. Google’s granting or modification of access rights is based on Customer’s provision to Google of end user access to its account or environment.

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

4. Additional Security Measures. Google and Customer may agree to additional security measures in the applicable Order Form, including any attached Statement of Work, for the Mandiant Consulting Services and/or Managed Services, as applicable.

2. Customer-Engaged Provider. For clarity, and without limiting Google’s obligations under Section 7 (Data Security) or 11 (Subprocessors), Appendix 2 (Security Measures) does not describe the security measures or controls implemented or provided by Customer or Customer-Engaged Providers.

Previous versions of Data Processing and Security Terms:

April 9, 2024 June 30, 2022 September 24, 2021 August 19, 2020 August 10, 2020 July 17, 2020 October 11, 2019 October 1, 2019 May 25, 2018 March 13, 2018 November 9, 2017 October 11, 2017 February 7, 2017 October 6, 2016

Previous versions of Data Processing Amendment:

July 7, 2022 September 24, 2021 May 27, 2021 October 29, 2019 May 25, 2018 April 25, 2018 July 11, 2017 November 28, 2016 January 7, 2016 April 24, 2015 April 1, 2014 November 14, 2012

Previous versions of Data Processing Addendum for Looker (original) Services (Customers):

February 14, 2023 January 4, 2023 September 20, 2022 June 30, 2022 March 16, 2022 September 24, 2021 April 1, 2021 January 15, 2021 December 17, 2020 August 28, 2020 June 1, 2020 March 9, 2020

Previous versions of SecOps Services DPST (Customers):

February 6, 2023 November 28, 2022 September 27, 2021 October 1, 2020

Previous versions of Data Processing Addendum for SecOps Consulting Services and Managed Services:

October 5, 2023 September 19, 2023 June 15, 2023 February 22, 2023 February 6, 2023

ANNEX IIIc

Appendix "Data Processing Agreement"

Agreement

on order processing pursuant to Art. 28 GDPR between

CUSTOMERS (controllers, clients) and

PROVIDER (processor, contractor) Subject

matter of the agreement

The subject matter of this order is the operation of the fiscalization solution for RKSV via

the fiskaly cloud.

The following data categories are processed: Business transaction data (document

data), customer data, user names or names of the client's employees, log data

The following categories of data subjects are subject to processing: document recipients,

employees of the taxpayer, employees of the client

This agreement is to be understood as a supplement to the contractual terms and

conditions of fiskaly GmbH.

Term of the agreement

The agreement is concluded for the duration of the main contract.

Rights and obligations of the client

Within the scope of this contract, the client is solely responsible for assessing the

admissibility of data processing and for safeguarding the rights of the data subjects.The client has the right to issue instructions on the type, scope, and procedure of data

processing in written or electronic form. The instructions are specified in the contract at

the beginning of the collaboration. The instructions must not conflict with legal and

technical requirements, in particular those specified by the RKSV and its associated

requirements. Within the scope of the assignment, the client may issue individual

instructions for the protection of personal data and verify compliance with data

protection regulations and the instructions issued by the client. Verbal instructions must

be confirmed in writing or in text form without delay.

The client shall inform the contractor immediately if it discovers errors or irregularities

when checking the results of the order.

The client has the right, after consultation with the contractor, to carry out checks itself or

through an auditor appointed by it and to verify the contractor's compliance with this

agreement in its business operations by means of random checks, which must be

announced in good time.

Obligations of the contractor

The contractor undertakes to process data and processing results exclusively within the

scope of the contractual agreement. The contractor shall not use the data provided for

data processing for any purposes other than those specified above. Copies or duplicates

shall not be made without the knowledge of the client.

If the contractor receives an official order to disclose data belonging to the client, it

must—insofar as legally permissible—inform the client immediately and refer the

authority to the client. Similarly, the processing of data for the contractor's own

purposes requires a written order.

The contractor declares in a legally binding manner that it has obliged all persons

entrusted with data processing to maintain confidentiality prior to commencing their

activities or that they are subject to an appropriate statutory confidentiality obligation.

In particular, the confidentiality obligation of the persons entrusted with data processing

shall remain in force even after they have ceased their activities and left the contractor.

The contractor declares in a legally binding manner that it has taken all necessary

measures to ensure the security of processing in accordance with Art. 32 GDPR (details

can be found in the appendix "TOMS").

The contractor shall take the necessary technical and organizational measures in

accordance with the "TOMS" appendix so that the client can fulfill the rights of the data

subject in accordance with Chapter III of the GDPR (information, access, rectification

and erasure, data portability, objection, and automated decision-making in individual

cases) at any time within the statutory deadlines and shall provide the client with all the

necessary information for this purpose. If a corresponding request is made to thecontractor and the contractor indicates that the applicant has mistakenly identified them

as the client of the

If the data processing is carried out by a third party, the contractor must forward the

request to the client immediately and inform the applicant accordingly.

The contractor shall support the client in complying with the obligations set out in Articles

32 to 36 GDPR (data security measures, reporting of personal data breaches to the

supervisory authority, notification of the data subject affected by a personal data breach,

data protection impact assessment, prior consultation).

The contractor is advised that it must establish a processing directory in accordance

with Art. 30 GDPR for the present order processing.

The client is granted the right to inspect and control the processing of the data provided

by it at any time, including through third parties commissioned by it, at the data

processing facilities. The contractor undertakes to provide the client with the

information necessary to monitor compliance with the obligations set out in this

agreement.

Upon termination of this agreement, the contractor is obliged to destroy all processing

results and documents containing data on behalf of the client.

The contractor shall inform the client immediately if it believes that an instruction from the

client violates the data protection regulations of the Union or the member states.

Location of data processing

Data storage and processing of business transaction data takes place exclusively within

the EU. The servers on which data storage and processing takes place are located

within the EU.

Sub-processors

The contractor may engage sub-processors. The processor must inform the

controller in advance of any intended change in relation to the engagement or

replacement of other processors. The controller has the option of objecting to such

changes. Such an objection shall also be deemed to be a termination of the main

contract at the next possible termination date. The contractor shall conclude the

necessary agreements with the sub-processor in accordance with Art. 28 (4) GDPR.

In doing so, it must be ensured that the sub-processor undertakes the same

obligations as those incumbent on the contractor under this agreement. If the sub-

processor fails to comply with its data protection obligations, the

contractor shall be liable to the client for compliance with the obligations of

the sub-processor.The following sub-processors are used to provide the fiskaly SIGN AT product:

● Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin, Ireland

● Microsoft Ireland Operations Ltd, One Microsoft Place, South County

Business Park, Leopardstown, Dublin 18, D18 P521, Ireland

● Amazon Web Services, Inc., 38 avenue John F. Kennedy, L-1855 Luxembourg

● fiskaly GmbH, Mariahilferstraße 36, Vienna, Austria

Information obligations

If the protection of personal data is jeopardized by measures taken by third

parties, such as insolvency proceedings or other events, the contractor must

notify the client immediately. The client's property (e.g., data carriers, working

copies) must be marked in a timely manner.

Written form clause, choice of law

Amendments and additions to this agreement and all its components require a

written agreement, which may also be in electronic form.

In the event of any contradictions, the provisions of this annex on data

protection shall take precedence over the provisions of the main contract.

Should individual parts of this annex be invalid, this shall not affect the validity of

the remainder of the annex.

Appendix "TOMs Technical and Organizational

Measures" Introduction

The technical and organizational measures (TOM) defined in this document supplement

the provisions agreed in the AVV framework agreement (on the implementation of the

requirements of the GDPR pursuant to Art. 32). The provisions of the AVV framework

agreement apply in full to processing on behalf of the customer.

Application notes

The measures defined in Chapter 2 specify the requirements of Art. 32 GDPR and its

protection objectives. The design of the objectives depends on the type, quantity, and

form of the data to be processed, as well as the respective local conditions. When

interpreting the requirements, the specifications of ISO/IEC 27001: 2017-06 and ISO

/ IEC 27002: 2017-06 are decisive. This also applies to topics that are not covered by the

ISO requirements. Depending on the type of order processing, further requirements

(sector-specific, country-specific, specific requirements of fiskaly GmbH) may arise for

the order processor.

Definition of terms

When defining the requirements for technical and organizational measures, a distinction

is made between normal and high protection requirements. A high protection

requirement is necessary if:● the processing of personal data falls under the special categories pursuant to

Art. 9 (1) GDPR and/or

● the form of processing meets the criteria that require

Data protection impact assessment pursuant to Art. 35 GDPR requires, for

example, at least in one of the following cases:

○ Systematic monitoring/scoring/profiling

○ data transfer to countries outside the EU/EEA,

○ telecommunications traffic data / telemedia usage data,

○ location data,

○ Targeted performance and behavior monitoring of employees,

○ Account data of individuals, identity card / passport,

○ Contract data such as customer number, date of birth,

○ Sensitive employee data such as criminal record, pension data,

○ personnel number, time recording,

○ extensive data records such as private address/telephone number.

If personal data is contradictory in terms of its protection requirements, i.e., if individual

components belong to different protection classes, the highest protection class is

decisive. The protective measures to be taken are based on this.

Technical and organizational measures Guidelines on information and data

protection

The management has established binding guidelines for the implementation of data

protection and information security within the organization. These guidelines are

documented in writing, freely accessible, known to all internal and external employees,

and are applied. The requirements for data protection and information security are

regularly reviewed for effectiveness, timeliness, and compliance with regulations.

Regulations and measures for the use of information and assets that enable the

processing of personal data

The organization has defined and implemented regulations that protect information and

assets (data, technical equipment, operating resources, etc.) used for the processing of

personal data from unauthorized access, unauthorized modification, loss, or

destruction, or from incorrect and unlawful processing. These regulations apply to the

entire life cycle of information and assets.

Guidelines and measures for the use of mobile devices and teleworking

Based on the identified risks of using mobile devices (laptops, external storage media,

mobile phones), appropriate guidelines and measures have been implemented to ensure

the confidentiality and integrity of personal data within the organization. The aim of these

regulations is

● to minimize access to personal data,

● to encrypt its storage and transmission,● and reduce the use of external storage media to the bare minimum.

Return of valuables

Upon termination of employment or contract, employees and processors shall

return to the organization any assets provided to them for the performance of their

duties.

This includes access devices, computers, storage media, and mobile devices.

Handling of data carriers

Procedures for handling data carriers are implemented in accordance with the identified

protection requirements. When storing personal data on mobile data carriers, these must

always be encrypted, at least when personal data with a high protection requirement is

stored.

Transport of data carriers

The transport of data carriers must be based on the protection requirements of the

personal data to be transmitted. If personal data is not encrypted, appropriate protective

measures must be taken. In cases of high protection requirements, there are special

requirements regarding the reliability of transport, the obligation to encrypt data, and

documentation, logging, and verification obligations.

Access control

An access control policy based on data protection law and other security-related

requirements has been implemented within the organization. This policy regulates

access to personal data depending on the level of protection required to perform the

task at hand. This includes, in particular, access to IT systems, networks, and

databases containing personal data.

Access to networks, systems, and services

Access to networks, systems (e.g., servers, end devices, databases), and their services

is restricted. Access is only granted to users who are authorized to do so (authorization

concept). Access control is implemented through the following technical and

organizational measures:

● Users must log in and out personally (no anonymous users such as

Consultant#1 or External#2).

● User registration is regulated and documented within the organization by

binding guidelines or processes.

● The organization has rules for assigning user rights (e.g., need-to-know,

privileged access, prohibited role combinations).

● There are guidelines for granting, using, revoking, and

documenting access authorizations and for using authentication

information.

● Regulations have been implemented to permanently protect the

confidentiality and integrity of authentication information.● Compliance with the regulations for user registration and the assignment of

authorizations is regularly checked (e.g., checking "old" authorizations,

checking for duplicate logins, detecting misuse).

● These protective measures also apply to teleworking.

Data protection-compliant login procedure

Access to systems and applications is via a secure

Login procedure. The registration process takes into account the protection

requirements for personal data. If a high level of protection is required,

possession- and knowledge-based login procedures (two-factor authentication)

must be used. If the protection requirements are lower, authentication with a user

name and password is sufficient. If systems for managing and assigning

passwords are used, these ensure that passwords are secure. If access is via

auxiliary programs, automated or via routines in software development, use is

reduced to the minimum necessary and the application is monitored regularly.

Regulations on the use of cryptographic measures

The use of cryptographic measures to protect personal data has been developed

and implemented in the organization by means of a policy. This policy regulates:

● the state of the art of cryptographic methods used,

● the necessary protection requirements for personal data based on a risk

assessment,

● the management and use of cryptographic keys,

● the protection objectives of cryptographic keys throughout their

entire life cycle (generation, storage, use, and destruction).

Access control

Depending on the protection requirements, areas requiring protection are defined

within the organization and the necessary security perimeters are implemented

accordingly. The protection requirements depend on the personal data or

information processing systems in the areas (including teleworking locations). To

ensure that only authorized persons have access to the defined areas,

appropriate access control regulations are defined and applied.

Protection against internal and external threats

Measures to protect against internal and external threats have been designed and

implemented within the organization. This includes protection against natural disasters,

attacks, or accidents.

● against natural disasters, attacks, or accidents,

● against disruptions caused by power failures or other supply facilities,

● cabling from interruption, malfunction/disruption, or damage.

Separation of development, test, and operating environments

Development, test, and operational environments are at least logically separated.

Appropriate access controls are implemented to ensure that access is restricted

to authorized persons. Within these environments, personal data for this order

processing must be separated from other data. This separation must be implemented either physically or logically. If test or

development networks or devices require access to the corporate network,

strong access controls should be implemented.

The processing of personal data in test and development environments without

prior anonymization is not permitted without legal permission or the consent of

the data subject.

Measures against malware

Information and information processing facilities are protected against malware.

Appropriate software (e.g., virus scanners) is installed and kept up to date to

protect the systems. When hardening the system, at least the following points

must be observed:

● Current patch status

● all unnecessary software elements must be uninstalled,

● all unnecessary services must be uninstalled or deactivated,

● Where possible, all required services must be connected via interface

where they are needed,

● Unnecessary preset service accounts must be deleted and

preset passwords changed.

Backup of information and data

The organization has defined and applies guidelines that ensure an appropriate

backup strategy. This takes into account, in particular, requirements for system

availability, regular testing of recoverability, and legal retention or deletion

obligations.

Logging

Access to personal data by users and system administrators must comply with the

principle of data minimization and protection requirements, and is logged and regularly

reviewed. Access and the type of access (e.g., read, modify, delete) are logged.

Relevant events, exceptions, malfunctions, and information security incidents must also

be logged and regularly reviewed. The logs are stored in such a way that the logged

system administrators or users cannot access them.

Communication security

The organization has policies, security procedures, and controls in place to protect the

transmission of information for all types of communication devices (including teleworking

locations). The following requirements have been implemented for electronic messaging:

● Networks are managed and controlled.

● Security and quality requirements have been defined and agreed upon.

● Networks are separated,

● Measures to protect personal data are defined and implemented

(encryption, pseudonymization, and anonymization).

Measures to maintain information and data securityData protection and data security are integrated into the organization's emergency

management in such a way that processes, procedures, and measures ensure

contractually compliant order processing even in adverse situations. The organization

regularly reviews these for effectiveness and ensures availability, e.g., through

substitution arrangements.

ANNEX IV

List of sub-processors

In accordance with clause 7.7(a) of this agreement, the processor has the general

authorization of the controller to engage subcontractors, which are agreed and listed in

the following list.

The controller has approved the use of the following sub-processors:

1.

Name: Google Cloud EMEA Limited Address: Velasco, Clanwilliam Place, Dublin,

Ireland Name, role, and contact details of the contact person:

http://cloud.google.comBeschreibunge of processing (including a clear delineation of

responsibilities if multiple sub-processors are approved) Google Cloud is used as a sub-

processor to provide

cloud services for data storage, processing, and analysis. The main tasks include:

Cloud storage and processing: Provision of secure and scalable cloud

infrastructures for the storage and processing of large

Data volumes. Data transfer: Secure transfer and management of data between different

systems and applications. Security measures: Implementation of strict security and data

protection measures, including encryption, access controls, and regular security checks.

Compliance and certifications: Support in complying with legal requirements and

industry-specific standards by providing certified cloud services.

2.

Name: fiskaly GmbH Address: Mariahilferstraße 36, Vienna, Austria Name, function, and

contact details of the contact person:privacy@fiskaly.com Description of processing

(including a clear delineation of responsibilities if multiple subprocessors are approved)

Fiskaly is used as a subprocessor to provideservices for the fiscalization of cash register data. The main tasks include:

Fiscalization of cash register data: Ensuring the legally compliant processing and

storage of transaction data in accordance with the requirements of country-specific

regulations, such as the Registrierkassen-Sicherheitsverordnung (RKSV) in Austria, the

KassenSichV/TSE in Germany, VeriFactu/TicketBAI in Spain, and Registratore

Telematico in Italy. Digital signature: Providing solutions for the electronic signing of

receipts to guarantee their immutability and authenticity. Data transmission:

Transmission of fiscalized data to the relevant tax authorities to fulfill legal reporting

obligations. In addition, Fiskaly takes care of the provision and transmission of the

legally required cash register reports in accordance with §146a AO in Germany to the

responsible tax authorities. Security measures: Implementation of measures to protect

the processed data, including encryption and access controls. Compliance and audit:

Support in complying with legal requirements and provision of audit and test protocols.

Version dated June 22, 2025