This Data Processing Addendum (“DPA”) forms part of the Service Terms located at https://everflow.io/service-terms.html and the Order Form (together, the “Agreement”), entered into by and between the Customer and Everflow Technologies Inc. (“Everflow”), pursuant to which Customer accesses, uses and has accessed and used Everflow's Platform Services (as defined in the Agreement).
Any capitalized terms herein shall have the meaning set forth in the Agreement. This Addendum applies to and takes precedence over the Agreement and any associated contractual document between the parties, such as an order form, statement of work or data protection addendum thereunder, to the extent of any conflict.
Everflow and Customer agree as follows:
1. Definitions and Scope.
1.1 For purposes of this Addendum:
(a) “CCPA” means the California Consumer Protection Act, Cal. Civ. Code §1798.100 et seq.
(b) “Data Protection Laws” means applicable laws and regulations, including laws and regulations of (i) the General Data Protection Regulation (“GDPR”) ((EU) 2016/679), (ii) California Consumer Privacy Act (“CCPA”), Cal. Civ. Code §1798.100 et seq., (iii) any national or state implementing laws, regulations and secondary legislation, as amended or updated from time to time, and (iv) when the GDPR is no longer directly applicable in the UK, then any successor legislation to the GDPR or the Data Protection Act 1998.
(c) “GDPR” means General Data Protection Regulation (Regulation (EU) 2016/679).
(d) “Personal Data” means both “personal information” under the CCPA, and “personal data” under the GDPR.
(e) “Process” and “Processing” mean any operation or set of operations performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, creating, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.2 This Addendum applies to the Personal Data that Everflow receives from Customer, or otherwise Processes for or on behalf of Customer, in connection with the Agreement. For the purposes of this Addendum, Customer is the “data controller” and Everflow is the “data processor”, each as defined in the GDPR (and for the purposes of the CCPA, Everflow is a “service provider” to Customer).
1.3 By way of background, but without limiting the scope of this Addendum, the Agreement involves the following:
(a) Subject matter, nature and purpose of Processing: the provision of advertising services using the Platform Services, as defined in the Agreement.
(b) Anticipated duration of Processing: For the term of the Agreement and thereafter for so long as Personal Data is retained in the Platform Services at Customer’s direction.
(c) Categories of Personal Data typically subject to Processing under the Agreement: data collected in connection with advertising services. See Schedule 1 for details.
(d) Typical categories of data subjects (i.e., the individuals to whom the Personal Data relate): individuals to whom advertisements are displayed using the Platform Services.
1.4 The provisions of this Addendum survive the termination or expiration of the Agreement for so long as Everflow or its direct or indirect subcontractors have custody, control or possession of the Personal Data.
2. Compliance with Data Protection Laws
2.1 Both parties shall comply with the Data Protection Laws.
2.2 Customer’s instructions for the Processing of Personal Data shall comply with the Data Protection Laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. Customer shall ensure that Customer is entitled to transfer the relevant Personal Data to Everflow so that Everflow and its Sub-processors may lawfully Process the Personal Data in accordance with this Addendum and the Agreement on Customer’s behalf.
2.3 (a) Everflow will Process the Personal Data only on behalf of and in accordance with documented instructions from Customer, including with regard to transfers of Personal Data, unless otherwise required under the Data Protection Laws. In such case, Everflow shall inform Customer of that legal requirement before Processing, unless that law prohibits providing such information on important grounds of public interest within the meaning of the GDPR, CCPA, or applicable law.
(b) Customer instructs Everflow to Process Personal Data for the following purposes:
(i) Processing in accordance with the Agreement, which includes updating the Platform Services and preventing or addressing service or technical issues;
(ii) Processing initiated by Customer’s users in their use of the Platform Services; and
(iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
2.4 Everflow will ensure that the persons Everflow authorizes to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Without limiting the foregoing, Everflow will take steps to ensure that any natural person acting under the authority of the Everflow and who has access to Personal Data does not Process the Personal Data except on instructions from Customer unless required to do so by applicable law as described above.
2.5 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing, as well as the risk of varying likelihood and severity for impact on the individuals to whom the Personal Data relates, Everflow shall implement appropriate technical and organizational measures to ensure a level of security to protect the Personal Data and prevent the unauthorized access to or use of it, appropriate to the risk, including the following (among other things) as appropriate:
(a) the pseudonymization and encryption of Personal Data;
(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and Platform Services;
(c) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and
(d) process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing.
In assessing the appropriate level of security, Everflow shall in particular take account of the risks presented by the Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Personal Data.
2.6 Customer acknowledges and expressly agrees that Everflow may retain and use third parties and subsidiaries as Sub-processors, including those listed below, for the Processing of Personal Data and to otherwise fulfill its contractual obligations under this DPA and that Everflow may subcontract the collection of or other Processing of Personal Data (“Sub-processor”); provided that Everflow shall be liable for the acts and omissions of its Sub-processors to the same extent it would be liable if performing the services of each Sub-processor directly under the terms of this Addendum and the Agreement. Further:
(a) Everflow shall ensure that each Sub-processor is subject to the same data protection obligations as set out herein.
(b) The current list of Sub-processors for the Platform Services who process Customer-supplied Personal Data (“Sub-processor List”) follows:
2.7 Intentionally left blank.
2.8 Taking into account the nature of the Processing, Everflow will assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer’s obligation to respond to requests by individuals (or their representatives) for exercising their rights under the GDPR (such as rights to access their Personal Data).
2.9 Everflow will assist Customer in ensuring Customer’s compliance with the security obligations of the Data Protection Laws, as relevant to Everflow’s role in Processing the Personal Data, taking into account the nature of Processing and the information available to Everflow.
2.10 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data. Everflow shall notify Customer without undue delay, and in no event later than seventy-two (72) hours, after becoming aware of a Personal Data Breach concerning Personal Data Processed by Everflow or any of its subcontractors and where available, provide a description of the nature of the Personal Data Breach, the name and contact information of the data protection officer or point of contact, likely consequences of the Personal Data Breach, and description of any measures taken or proposed to address the Personal Data Breach and/or mitigate its possible adverse effects. Everflow shall use reasonable efforts to assist Customer with any communications required as a result of such a Personal Data Breach.
2.11 Everflow will provide reasonable assistance to and cooperation with Customer for Customer’s performance of a data protection impact assessment of the Processing or proposed Processing of the Personal Data involving Everflow.
2.12 Everflow will provide reasonable assistance to and cooperation with Customer for Customer’s consultation with supervisory authorities in relation to the Processing or proposed Processing of the Personal Data involving Everflow.
2.13 Everflow will, in coordination with Customer, comply with any applicable obligation of Everflow itself under the Data Protection Laws to consult with a supervisory authority in relation to its Processing or proposed Processing of the Personal Data.
2.14 Everflow will, at the request of Customer, return to Customer and/or securely destroy or delete all Personal Data upon the end of the provision of services relating to Processing except to the extent that (as to Personal Data subject to the GDPR) European Union or member state law to which Everflow is subject, or (as to Personal Data subject to the CCPA) other applicable law requires storage of the Personal Data.
2.15 Customer may contact Everflow in accordance with the “Notices” provisions of the Agreement to request an audit of the procedures relevant to the protection of Personal Data, no more than once per calendar year during the term of the Agreement. Customer shall reimburse Everflow for any time expended for any such on-site audit at Everflow’s then-current professional services rates, which shall be made available to Customer upon request. Before the commencement of any such on-site audit, Customer and Everflow shall mutually agree upon the auditor (which may not be an Everflow competitor), the scope, timing, and duration of the audit, and the reimbursement rate for which Customer shall be responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by Everflow.
2.16 Everflow will make reasonably available to Customer all information necessary for Customer to comply with Customer’s recordkeeping obligations under Data Protection Laws with respect to Everflow’s Processing of the Personal Data.
2.17 To the extent legally permitted, Customer shall be responsible for any costs arising from Everflow’s provision of any assistance and cooperation required to be provided by Everflow hereunder, including any fees for associated with provision of additional functionality; provided, however, that this paragraph shall not apply to activities undertaken by Everflow under Section 2.10 if the relevant Personal Data Breach was caused by Everflow.
2.18 If the GDPR takes effect in European Economic Area jurisdictions that are outside the European Union, references in this Addendum to the European Union and its member states shall be deemed amended to include such jurisdictions, consistent with their adoption of the GDPR.
3. Data Transfer
3.1 Everflow will use and disclose the Personal Data only to lawfully provide services to Customer and otherwise as permitted under the Agreement.
3.2 (a) The parties acknowledge that, in the provision of the Platform Services under the Agreement, Everflow may transfer Personal Data outside the European Economic Area (“EEA”). Where Personal Data is transferred outside of the EEA (“Data Transfer”), this Section 3 shall apply, unless the transfer is made to a third country, a territory or one or more specified sectors within that third country, or an international organization, that has been deemed to provide an adequate level of protection for personal data by the European Commission, in accordance with Article 45 of the GDPR.
(b) The parties agree to comply with the Data Protection Laws in relation to any Data Transfer and be subject to the terms of the standard contractual clauses for data transfers between EU and non-EU countries as outlined on Schedule 2. Without limiting the foregoing:
(i) Everflow shall provide an adequate level of protection to the subject Personal Data; and
(ii) Customer has the right and shall continue to have the right to transfer, or provide access to, the Personal Data to Everflow for Processing in accordance with the terms of the Agreement and this Addendum.o, the Personal Data to Everflow for Processing in accordance with the terms of the Agreement and this Addendum.
3.3 Upon notice, Everflow will take reasonable and appropriate steps to stop and remediate unauthorized Processing of the Personal Data.
The table below contains Personal Data categories that the Everflow Platform Services allow to be collected from end users by default. Please note that while some of these data elements are more properly administrative data for the use of the Platform Services, they must be treated as Personal Data while tied to identifiable Personal Data like IP addresses or unique identifiers such as the IDFA.
STANDARD CONTRACTUAL CLAUSES (PROCESSORS)
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
(the data exporter)
Everflow Technologies Inc.530 Showers Drive Suite 7-302, Mountain View, CA, USA 94040
(the data importer)
each a ‘party’; together ‘the parties’,
HAVE AGREED on the following Contractual Clauses (the “Clauses”) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
For the purposes of the Clauses:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ;
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organizational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Obligations of the data exporter
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of the data importer
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred;(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;(ii) any accidental or unauthorized access; and(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.
3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.
Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfill its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely …
4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
Obligation after the termination of personal data-processing services
1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.
APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses and must be completed and signed by the parties.The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix
The data exporter is (please specify briefly your activities relevant to the transfer):
The data exporter is the Customer, that is a party to the Clauses.
The data importer is (please specify briefly activities relevant to the transfer):
The data importer is Everflow Technologies Inc., a company offering advertising technology services.
The personal data transferred concern the following categories of data subjects (please specify): The data subjects are as described in Sect. 1.3 (d) of the Data Processing Addendum.
Categories of data
The personal data transferred concern the following categories of data (please specify): The categories (types) of data are as described in Schedule 1 of the Data Processing Addendum.
Special categories of data (if appropriate)
The personal data transferred concern the following special categories of data (please specify):
The personal data transferred will be subject to the following basic processing activities (please specify):
The processing operations are as specified in the Agreement.
APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses.Description of the technical and organizational security measures implemented by the Data Importer in accordance with Clauses 4(c) and 5(c) (or document/legislation attached):
Data importer has implemented appropriate technical and organizational security measures to ensure a level of security appropriate to the risk, including the following (among other things) as appropriate:
1. The pseudonymization and obfuscation of personal data;
2. The ability to ensure the ongoing confidentiality, integrity, availability and resilience of data processing systems and services;
3. A process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of data processing.
The data importer may update or modify these security standards from time to time provided such updates and modifications will not result in a degradation of the overall security of the Platform Services during the term of the Agreement.