Data Processing

 

Terms Last Updated: July 31, 2018

 

These Re-Up Data Processing Terms (including the appendices, “Data Processing Terms”) will apply to the processing of Customer Personal Data. These terms serve as an addendum to the agreement between you (“Customer”) and Re-Up App, Inc. regarding your use of the Re-Up web and mobile service (“Agreement”). Such Agreement may include the Re-Up Terms of Service or a content license agreement, as applicable to Customer. Please take the time to read these Data Processing Terms carefully.

 

1. Introduction

These Data Processing Terms reflects the parties’ agreement on the terms governing the processing and security of Customer Personal Data in connection with the Data Protection Legislation.

2. Definitions and Interpretation

2.1 In these Data Processing Terms:

“Affiliate,” if not already defined in the Agreement, means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.

“Customer Personal Data” means audio and audiovisual content that is uploaded by Customer to Re-Up under the terms of the Agreement and processed by Re-Up App, Inc. on behalf of Customer in Re-Up App, Inc.’s provision of the Processor Services.

“Data Incident” means a breach of Re-Up App, Inc.’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by Re-Up App, Inc. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

“Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

“Data Subject Tool” means a tool (if any) made available by Re-Up App, Inc. to data subjects that enables Re-Up App, Inc. to respond directly and in a standardized manner to certain requests from data subjects in relation to Customer Personal Data (for example, online advertising settings or an opt-out browser plugin).

“EEA” means the European Economic Area.

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

“Re-Up App, Inc.” means the Re-Up App, Inc. Entity that is party to your Agreement.

“Re-Up App, Inc. Affiliate Sub-processors” has the meaning given in Section 11.1 (Consent to Sub-processor Engagement).

“ISO 27001 Certification” means ISO/IEC 27001:2013 certification or a comparable certification for the Processor Services.

“Notification Email Address” means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means provided by Re-Up App, Inc., to receive certain notifications from Re-Up App, Inc. relating to these Data Processing Terms.

“Privacy Shield” means the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.

“Processor Services” means the processing of Customer Personal Data in accordance with these Data Processing Terms.  

“Security Documentation” means the certificate issued for the ISO 27001 Certification, if any, and any other security certifications or documentation that Re-Up App, Inc. may make available in respect of the Processor Services.

“Security Measures” has the meaning given in Section 7.1.1 (Re-Up App, Inc.’s Security Measures).

“Sub-processors” means third parties authorized under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Processor Services and any related technical support.

“Third Party Sub-processors” has the meaning given in Section 11.1 (Consent to Sub-processor Engagement).

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

2.3 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.

3. Duration of these Data Processing Terms

The term (“Term”) of these Data Processing Terms, and Re-Up App, Inc.’s provision of the Processor Services, will begin on July 31, 2018 (or the date of the Agreement if after July 31, 2018) (“Terms Effective Date”) and will continue until deletion of all Customer Personal Data by Re-Up App, Inc. as described in these Data Processing Terms. 

4. Application of these Data Processing Terms

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

(a) the processing is in the context of the activities of an establishment of Customer in the EEA; and/or

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

5. Processing of Data

5.1 Roles and Regulatory Compliance; Authorization.

5.1.1 Processor and Controller Responsibilities.  

(a) These Data Processing Terms describe the subject matter and details of the processing of Customer Personal Data;

(b) Re-Up App, Inc. is a processor of Customer Personal Data under the Data Protection Legislation;

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

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

5.1.2 Authorization by Third Party Controller.  If Customer is a processor, Customer warrants to Re-Up App, Inc. that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of Re-Up App, Inc. as another processor, have been authorized by the relevant controller.

5.2 Customer’s Instructions.  Customer instructs Re-Up App, Inc. to process Customer Personal Data only in accordance with applicable law and these Data Processing Terms: (a) to provide the Processor Services and any related technical support; (b) as further specified via Customer’s use of the Processor Services (including in the settings and other functionality of the Processor Services) and any related technical support; and (c) as documented in the form of the Agreement, including these Data Processing Terms. 

5.3 Re-Up App, Inc.’s Compliance with Instructions.  Re-Up App, Inc. will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which Re-Up App, Inc. is subject requires other processing of Customer Personal Data by Re-Up App, Inc., in which case Re-Up App, Inc. will inform Customer (unless that law prohibits Re-Up App, Inc. from doing so on important grounds of public interest).

6. Data Deletion

6.1 Deletion During Term. 

6.1.1 Processor Services With Deletion Functionality.  During the Term, if:

(a) the functionality of the Processor Services includes the option for Customer to delete Customer Personal Data;

(b) Customer uses the Processor Services to delete certain Customer Personal Data; and

(c) the deleted Customer Personal Data cannot be recovered by Customer (for example, from the “trash”),

then Re-Up App, Inc. will delete such Customer Personal Data from its systems as soon as reasonably practicable, unless EU or EU Member State law requires storage.

6.1.2 Processor Services Without Deletion Functionality.  During the Term, if the functionality of the Processor Services does not include the option for Customer to delete Customer Personal Data, then Re-Up App, Inc. will comply with any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Processor Services. Re-Up App, Inc. may charge a fee (based on Re-Up App, Inc.’s reasonable costs) for any data deletion under this Section 6.1.2 (Processor Services Without Deletion Functionality).  Re-Up App, Inc. will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.

6.2 Deletion on Agreement Expiry.  On expiry or termination of the Agreement, Customer instructs Re-Up App, Inc. to delete all Customer Personal Data (including existing copies) from Re-Up App, Inc.’s systems in accordance with applicable law.  Re-Up App, Inc. will comply with this instruction as soon as reasonably practicable unless: (i) EU or EU Member State law requires storage; or (ii) the Agreement is superseded by a new agreement or terms between Customer and Re-Up App, Inc. regarding Customer's use of the Re-Up service and Customer confirms that the Customer Personal Data (including existing copies already uploaded to the Re-Up Service) should continue to be processed in accordance with these Data Processing Terms.

7. Data Security

7.1 Re-Up App, Inc.’s Security Measures and Assistance.

7.1.1 Re-Up App, Inc.’s Security Measures.  Re-Up App, Inc. will implement and maintain technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”).  Re-Up App, Inc. may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.  

7.1.2 Security Compliance by Re-Up App, Inc. Staff.  Re-Up App, Inc. will ensure that all persons authorized to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. 

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

(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Re-Up App, Inc.’s Security Measures);

(b) complying with the terms of Section 7.2 (Data Incidents); and

(c) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in these Data Processing Terms.

7.2 Data Incidents.

7.2.1 Incident Notification. If Re-Up App, Inc. becomes aware of a Data Incident, Re-Up App, Inc. will: (a) notify Customer of the Data Incident promptly and without undue delay; and (b) promptly take reasonable steps to minimize harm and secure Customer Personal Data.

7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Re-Up App, Inc. recommends Customer take to address the Data Incident.

7.2.3 Delivery of Notification. Re-Up App, Inc. will deliver its notification of any Data Incident to the Notification Email Address or by other direct communication (for example, by phone call or an in-person meeting).  Customer will take all reasonable steps to provide the Notification Email Address and ensure that the Notification Email Address is current and valid.

7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.  

7.2.5 No Acknowledgement of Fault by Re-Up App, Inc. Re-Up App, Inc.’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Re-Up App, Inc. 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 Re-Up App, Inc.’s obligations under Sections 7.1 (Re-Up App, Inc.’s Security Measures and Assistance) and 7.2 (Data Incidents):

(a) Customer is solely responsible for its use of the Processor Services, including:

(i) making appropriate use of the Processor Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and

(ii) securing the account authentication credentials, systems, and devices Customer uses to access the Processor Services; and

(b) Re-Up App, Inc. has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Re-Up App, Inc.’s and its Sub-processors’ systems.

7.3.2 Customer’s Security Assessment.  Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Re-Up App, Inc. as set out in Section 7.1.1 (Re-Up App, Inc.’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.

7.4 Security Certification. To evaluate and help ensure the continued effectiveness of the Security Measures, from time to time, Re-Up App, Inc. may obtain the ISO 27001 Certification.

7.5 Reviews and Audits of Compliance.

7.5.1 Reviews of Security Documentation.  To demonstrate compliance by Re-Up App, Inc. with its obligations under these Data Processing Terms, Re-Up App, Inc. will make the Security Documentation available for review by Customer.

7.5.2 Customer’s Audit Rights. 

(a) Re-Up App, Inc. will allow Customer or a third party auditor appointed by Customer to conduct audits (including inspections) to verify Re-Up App, Inc.’s compliance with its obligations under these Data Processing Terms in accordance with Section 7.5.3 (Additional Business Terms for Audits). Re-Up App, Inc. will contribute to such audits as described in Section 7.4 (Security Certification) and this Section 7.5 (Reviews and Audits of Compliance).

(b) Customer may also conduct an audit to verify Re-Up App, Inc.’s compliance with its obligations under these Data Processing Terms by reviewing the certificate issued for the ISO 27001 Certification (which reflects the outcome of an audit conducted by a third party auditor), if such certification is available at the time of Customer’s request.

7.5.3 Additional Business Terms for Audits.  

(a) Customer will send any request for an audit under Section 7.5.2(a) to Re-Up App, Inc. as described in Section 12.1 (Contacting Re-Up App, Inc.).

(b) Following receipt by Re-Up App, Inc. of a request under Section 7.5.3(a), Re-Up App, Inc. and Customer will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, any audit under Section 7.5.2(a).

(c) Re-Up App, Inc. may charge a fee (based on Re-Up App, Inc.’s reasonable costs) for any audit under Section 7.5.2(a). Re-Up App, Inc. 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 third party auditor appointed by Customer to execute any such audit.

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

(e) Nothing in these Data Processing Terms will require Re-Up App, Inc. either to disclose to Customer or its third party auditor, or to allow Customer or its third party auditor to access:

(i) any data of any other customer of a Re-Up App, Inc. Entity;

(ii) any Re-Up App, Inc. Entity’s internal accounting or financial information;

(iii) any trade secret of a Re-Up App, Inc. Entity;

(iv) any information that, in Re-Up App, Inc.'s reasonable opinion, could: (A) compromise the security of any Re-Up App, Inc. Entity’s systems or premises; or (B) cause any Re-Up App, Inc. Entity to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or any third party; or

(v) any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfilment of Customer’s obligations under the Data Protection Legislation.

8. Impact Assessments and Consultations

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

(a) providing the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation);

(b) providing the information contained in these Data Processing Terms; and

(c) providing or otherwise making available, in accordance with Re-Up App, Inc.’s standard practices, other materials concerning the nature of the Processor Services and the processing of Customer Personal Data (for example, help center materials).

9. Data Subject Rights

9.1 Responses to Data Subject Requests. If Re-Up App, Inc. receives a request from a data subject in relation to Customer Personal Data, Re-Up App, Inc. will:

(a) if the request is made via a Data Subject Tool, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Tool; or

(b) if the request is not made via a Data Subject Tool, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.

9.2 Re-Up App, Inc.’s Data Subject Request Assistance.  Re-Up App, Inc. will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:

(a) providing the functionality of the Processor Services;

(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and

(c) if applicable to the Processor Services, making available Data Subject Tools.

10. Data Transfers

10.1 Data Storage and Processing Facilities.  Re-Up App, Inc. may, subject to Section 10.2 (Transfers of Data Out of the EEA and Switzerland), store and process Customer Personal Data in the United States of America and any other country in which Re-Up App, Inc. or any of its Sub-processors maintains facilities.

10.2 Transfers of Data Out of the EEA and Switzerland. Re-Up App, Inc. will remain self-certified under Privacy Shield on behalf of itself; and the scope includes Customer Personal Data.

10.3 Data Center Information. Information about the locations of Re-Up App, Inc. data centers will be subsequently made available as it currently uses Amazon Web Services.

11. Sub-processors

11.1 Consent to Sub-processor Engagement.  Customer specifically authorizes the engagement of Re-Up App, Inc.’s Affiliates as Sub-processors (“Re-Up App, Inc. Affiliate Sub-processors”).  In addition, Customer generally authorizes the engagement of any other third parties as Sub-processors (“Third Party Sub-processors”).

11.2 Information about Sub-processors.  Information about Sub-processors will be subsequently made available as it currently uses Amazon Web Services.

11.3 Requirements for Sub-processor Engagement.  When engaging any Sub-processor, Re-Up App, Inc. will:  

(a) ensure via a written contract that:

(i) the Sub-processor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms) and Privacy Shield; and

(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Sub-processor; and

(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Sub-processor.

12. Contacting Re-Up App, Inc.; Processing Records

12.1 Contacting Re-Up App, Inc. Customer may contact Re-Up App, Inc. in relation to the exercise of its rights under these Data Processing Terms using the link provided in the mobile application or via such other means as may be provided by Re-Up App, Inc. from time to time.  

12.2 Re-Up App, Inc.’s Processing Records. Customer acknowledges that Re-Up App, Inc. is required under the GDPR to: (a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Re-Up App, Inc. is acting and (if applicable) of such processor’s or controller's local representative and data protection officer; and (b) make such information available to the supervisory authorities.  Accordingly, Customer will, where requested and as applicable to Customer, provide such information to Re-Up App, Inc. via the user interface of the Processor Services or via such other means as may be provided by Re-Up App, Inc., and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.

13. Liability

Notwithstanding anything else in the Agreement, the total aggregate liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of confidentiality or indemnification claims from the Agreement’s limitation of liability will not apply to claims under the Agreement relating to the Data Protection Legislation). Nothing in this Section 13 (Liability) will exclude or limit either party’s liability for: (a) death or personal injury resulting from its negligence or the negligence of its employees or agents; (b) fraud or fraudulent misrepresentation; or (c) matters for which liability cannot be excluded or limited under applicable law.

14. Effect of these Data Processing Terms

If there is any conflict or inconsistency between the terms of these Data Processing Terms and the remainder of the Agreement, the terms of these Data Processing Terms will govern. Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.

15. Changes to these Data Processing Terms

15.1 Changes to Processor Services. Re-Up App, Inc. may only change the list of potential Processor Services:

(a) to reflect a change to the name of a service;

(b) to add a new service; or

(c) to remove a service where either: (i) all contracts for the provision of that service are terminated; or (ii) Re-Up App, Inc. has Customer’s consent.

15.2 Changes to Data Processing Terms.  Re-Up App, Inc. may change these Data Processing Terms if the change:

(a) is expressly permitted by these Data Processing Terms, including as described in Section 15.1;

(b) reflects a change in the name or form of a legal entity;

(c) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or

(d) does not (i) result in a degradation of the overall security of the Processor Services; (ii) expand the scope of or remove any restrictions on Re-Up App, Inc.’s processing of Customer Personal Data, as described in Section 5.3 (Re-Up App, Inc.’s Compliance with Instructions); and (iii) otherwise have a material adverse impact on Customer’s rights under these Data Processing Terms, as reasonably determined by Re-Up App, Inc..

Appendix 1: Subject Matter and Details of the Data Processing

Subject Matter

Re-Up App, Inc.’s provision of the Processor Services and any related technical support to Customer.

Duration of the Processing

The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by Re-Up App, Inc. in accordance with these Data Processing Terms.

Nature and Purpose of the Processing

Re-Up App, Inc. will process (including, as applicable to the Processor Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organizing, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Processor Services and any related technical support to Customer in accordance with these Data Processing Terms.

Types of Personal Data

The types of personal data that constitute Customer Personal Data are audio and audiovisual content that are uploaded by Customer to Re-Up under the terms of the Agreement and processed by Re-Up App, Inc. on behalf of Customer in Re-Up App, Inc.’s provision of the Processor Services.

 Appendix 2: Security Measures

As from the Terms Effective Date, Re-Up App, Inc. will implement and maintain the Security Measures set out in this Appendix 2. Re-Up App, Inc. may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.

1.         Data Center & Network Security

(a) Data Centers.

Infrastructure. Re-Up App, Inc. does not maintain geographically distributed data centers. Re-Up App, Inc. stores all production data in physically secure data centers.

Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimise the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Processor Services are designed to allow Re-Up App, Inc. 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 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, and 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 supply (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 diesel generator systems take over. The diesel 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. Re-Up App, Inc. servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. Re-Up App, Inc. employs a code review process to increase the security of the code used to provide the Processor Services and enhance the security products in production environments.

Businesses Continuity. Re-Up App, Inc. replicates data over multiple systems to help to protect against accidental destruction or loss. Re-Up App, Inc. has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

(b) Networks & 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 authorisation during electronic transfer or transport or while being recorded onto data storage media. Re-Up App, Inc. transfers data via Internet standard protocols.

External Attack Surface. Re-Up App, Inc. employs multiple layers of network devices and intrusion detection to protect its external attack surface. Re-Up App, Inc. 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. Re-Up App, Inc.’s intrusion detection involves:

1. Tightly controlling the size and make-up of Re-Up App, Inc.’s attack surface through preventative measures;

2. Employing intelligent detection controls at data entry points; and

3. Employing technologies that automatically remedy certain dangerous situations.

Incident Response. Re-Up App, Inc. monitors a variety of communication channels for security incidents, and Re-Up App, Inc.’s security personnel will react promptly to known incidents.

Encryption Technologies. Re-Up App, Inc. makes HTTPS encryption (also referred to as SSL or TLS connection) available. Re-Up App, Inc. 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 minimise the impact of a compromised key, or a cryptographic breakthrough.

2.         Access and Site Controls

(a) Site Controls.

On-site Data Center Security Operation. Re-Up App, Inc.’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. Re-Up App, Inc. 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 in advance and in writing, 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. Re-Up App, Inc.’s data centers employ an electronic card key and biometric 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 at least 7 days based on activity.

(b) Access Control.

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

Access Control and Privilege Management. Customer's administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Processor Services.

Internal Data Access Processes and Policies – Access Policy. Re-Up App, Inc.’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process personal data. Re-Up App, Inc. aims to design its systems to: (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that personal 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. Re-Up App, Inc. employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. LDAP, Kerberos and a proprietary system utilizing SSH certificates are designed to provide Re-Up App, Inc. with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Re-Up App, Inc. 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 Re-Up App, Inc.’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.

3.         Data

(a) Data Storage, Isolation & Authentication.

Re-Up App, Inc. stores data in a multi-tenant environment on Re-Up App, Inc.-owned servers. Data, the Processor Services database and file system architecture are replicated between multiple geographically dispersed data centers. Re-Up App, Inc. logically isolates each customer's data. A central authentication system is used across all Processor Services to increase uniform security of data.

(b) Decommissioned Disks and Disk Destruction Guidelines.

Certain 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 “Data Destruction Guidelines”) before leaving Re-Up App, Inc.’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 Data Destruction Guidelines.

4.         Personnel Security

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

Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Re-Up App, Inc.’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role. Re-Up App, Inc.’s personnel will not process Customer Personal Data without authorization.

5.         Sub-processor Security

Before onboarding Sub-processors, Re-Up App, Inc. conducts an audit of the security and privacy practices of Sub-processors to ensure Sub-processors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Re-Up App, Inc. has assessed the risks presented by the Sub-processor then, subject always to the requirements set out in Section 11.3 (Requirements for Sub-processor Engagement), the Sub-processor is required to enter into appropriate security, confidentiality and privacy contract terms.