Data Processing Addendum

Last Revised: July 4, 2022

This Data Processing Addendum (the “Addendum”) is executed by and between Pagely, LLC (“Pagely”) and you (“Customer”) and is annexed to and supplements our Terms of Service, Privacy Policy (collectively, the “Terms of Service”).

1. Definitions

1.1 Unless otherwise defined in this Addendum, all capitalized terms not defined in this Addendum will have the meanings given to them in the Terms of Service.

“Customer Data” means the Personal Data of any Data Subject Processed by Pagely within the Pagely Network on behalf of Customer pursuant to or in connection with the Terms of Service.

“Data Protection Laws” means all data protection or privacy laws and regulations applicable to the Processing of Personal Data under the Agreement, including but not limited to the (i) the Australian Privacy Principles and the Australian Privacy Act (1988), (ii) Brazil’s Lei Geral de Proteção de Dados (LGPD), (iii) the California Consumer Privacy Act (CCPA), (iv) Canada’s Federal Personal Information Protection and Electronic Documents Act (PIPEDA), (v) the EU GDPR, (vi) any national data protection laws made under or pursuant to the GDPR (vii) the EU e-Privacy Directive (Directive 2002/58/EC), (viii) Singapore’s Personal Data Protection Act 2012 (PDPA), (ix) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance, and (x) UK GDPR or Data Protection Act 2018; in each case as may be amended, superseded or replaced.

“EEA” means the European Economic Area.

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

“EU Standard Contractual Clauses” means the standard data protection clauses approved by the European Commission decision 2021/914 of 4 June 2021, incorporated herein by reference. Module Two (Controller to Processor) EU Standard Contractual Clauses and Module Three (Processor to Processor) EU Standard Contractual Clauses are available for download here.

“Pagely Network” means Pagely’s data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within Pagely’s control and are used to provide the Services.

“Security Incident” means a breach of security of the Pagely Security Standards resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Data on systems managed or controlled by Pagely.

“Security Standards” means the security standards attached to this Addendum as Appendix 2.

“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law or regulation relating to privacy and data protection.

“Sub-processor” means any processor engaged by processor to process data on behalf of controller.

“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.

“UK International Data Transfer Addendum” means the International Data Transfer Addendum to the EU Standard Contractual Clauses issued by the UK Information Commissioner, Version B1.0, in force 21 March 2022, incorporated herein by reference. The UK International Data Transfer Addendum is available for download here.

1.2 The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in this Addendum have the meanings given in the EU GDPR irrespective of which Data Protection Laws apply.

2. Scope of Data Processing and Relationship of Parties

2.1 Pagely as a Processor.  The parties acknowledge and agree as follows: (i) that Pagely is a processor of Customer Data under Data Protection Laws; (ii) that Customer is a controller or processor, as applicable, of the Customer Data under Data Protection Laws; and (iii) that each party will comply with its obligations under applicable Data Protection Laws with respect to the processing of Customer Data.

2.2 Details of Data Processing. The subject matter of processing Customer Data by Pagely is the performance of the Services pursuant to the Terms of Service. Pagely shall only process Customer Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i) processing in accordance with the Terms of Service; (ii) processing initiated by end users in their use of the Services; (iii) processing to comply with other documented, reasonable instructions provided by Customers (ex. via email) where such instructions are consistent with the Terms of Service. Pagely shall not: (a) process, retain, use, sell, or disclose Customer Data except as necessary to provide Services pursuant to the Terms of Service, or as required by law; (b) sell such Customer Data to any third party; (c) retain, use, or disclose such Customer Data outside of the direct business relationship between Pagely and Customer.

For the avoidance of doubt, Customer’s instructions for the processing of Customer Data shall comply with all Data Protection Laws. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. If Customer is a controller of the Customer Data, Customer acknowledges and agrees as follows: (i) You must use commercially reasonable efforts to disclose clearly, and obtain consent to, any data collection, sharing and usage that takes place on any Services; and (ii) You must make clear that as a consequence of your use of Services, End User data may be processed outside of their country of origin. If Customer is a processor of the Customer Data, Customer warrants that Customer’s instructions and actions with respect to Customer Data, including the appointment of Pagely as another processor, have been authorized by the relevant controller. Pagely shall not be required to comply with or observe Customer’s instructions if such instructions would violate Data Protection Laws. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this Addendum are further specified in Appendix 1 (‘Details of the Processing’) to this Addendum.

3. Confidentiality of Customer Data

Pagely will not disclose Customer Data to any government or any other third party, except as necessary to comply with the law or a valid and binding order of a law enforcement agency (such as a subpoena or court order). In the event Pagely receives a valid civil subpoena, and to the extent permitted, Pagely will endeavor to provide Customer with reasonable notice of the demand via email or postal mail to allow Customer to seek a protective order or other appropriate remedy.

4. Shared Responsibility Model of Security

4.1 Pagely has implemented and will maintain the technical and organizational measures for the Pagely Network as described herein this Section and as further described in Appendix 2 to this Addendum, Security Standards. In particular, Pagely has implemented and will maintain the following technical and organizational measures that address the (i) security of the Pagely Network; (ii) physical security of the facilities; (iii) controls around employee and contractor access to (i) and/or (ii); and (iv) processes for testing, assessing and evaluating the effectiveness of technical and organizational measures implemented by Pagely. In the event that we are not able to meet any of our obligations set forth herein, we will provide written notice (via our website or email) as soon as practically feasible.

4.2 Pagely makes available a number of security features and functionalities that Customer may elect to use in relation to the Services. Customer is responsible for (a) properly configuring the Services, (b) using the controls available in connection with the Services (including the security controls) to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (c) using the controls available in connection with the Services (including the security controls) to allow the Customer to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident (e.g. backups and routine archiving of Customer Data), and (d) taking such steps as Customer considers adequate to maintain appropriate security, protection, and deletion of Customer Data, which includes use of encryption technology to protect Customer Data from unauthorized access and measures to control access rights to Customer Data.

5. Data Subject Rights

Taking into account the nature of the Services, Pagely offers Customer certain controls that Customer may elect to use to retrieve, correct, delete or restrict use and sharing of Customer Data as described in the Services. Customer may use these controls as technical and organizational measures to assist it in connection with its obligations under Data Protection Laws, including its obligations relating to responding to requests from data subjects. As commercially reasonable, and to the extent lawfully required or permitted, Pagely shall promptly notify Customer if Pagely directly receives a request from a data subject to exercise such rights under Data Protection Laws (“Data Subject Request”). In addition, where Customer’s use of the Services limits its ability to address a Data Subject Request, Pagely may, where legally permitted and appropriate and upon Customer’s specific request, provide commercially reasonable assistance in addressing the request, at Customer’s cost (if any).

6. Sub-Processing

6.1 Authorized Sub-processors. Customer agrees that Pagely may use sub-processors to fulfil its contractual obligations under its Terms of Service and this Addendum or to provide certain services on its behalf, such as providing support services. Customer hereby consents to Pagely’s use of sub-processors as described in this Section. 

6.2 Sub-processor Obligations. Where Pagely uses any authorized sub-processor as described in Section 6.1:

(i) Pagely will restrict the sub-processor’s access to Customer Data only to what is necessary to maintain the Services or to provide the Services to Customer and any end users in accordance with the Terms of Services. Pagely will prohibit the sub-processor from accessing Customer Data for any other purpose;

(ii) Pagely will enter into a written agreement with the sub-processor and, to the extent that the sub-processor is performing the same data processing services that are being provided by Pagely under this Addendum, Pagely will impose on the sub-processor substantially similar contractual obligations that Pagely has under this Addendum; and

(iii) Pagely will remain responsible for its compliance with the obligations of this Addendum and for any acts or omissions of the sub-processor that cause Pagely to breach any of Pagely’s obligations under this Addendum.

6.3 New Sub-processors.  From time to time, we may engage new sub-processors under and subject to the terms of this Addendum.  In such case, we will provide 30 days advance notice (via our website or email) prior to any new Sub-processor obtaining any Customer Data. If you Customer does not approve of a new sub-processor, then Customer may terminate any Services without penalty by providing, within 10 days or receipt of notice from us, written notice of termination that includes an explanation of the reasons for your non-approval. If the Services are part of a bundle or bundled purchase, then any termination will apply to its entirety.

7. Security Incident

7.1 Security Incident. If Pagely becomes aware of a Security Incident, Pagely will without undue delay: (a) notify Customer of the Security Incident; and (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident.

7.2 Pagely Assistance.  To assist Customer in relation to any personal data breach notifications Customer is required to make under Data Protection Laws, Pagely will include in the notification such information about the Security Incident as Pagely is reasonably able to disclose to Customer, taking into account the nature of the Services, the information available to Pagely, and any restrictions on disclosing the information, such as confidentiality.  

7.3 Failed Security Incidents. Customer agrees that a failed Security Incident will not be subject to the terms of this Addendum. A failed Security Incident is one that results in no unauthorized access to Customer Data or to any of Pagely’s Network, equipment, or facilities storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful login attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond headers) or similar incidents. 

7.4 Notification. Notification of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means Pagely selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the Pagely management console and secure transmission at all times.

7.5 No Acknowledgement of Fault by Pagely: Pagely’s obligation to report or respond to a Security Incident under this Section is not and will not be construed as an acknowledgement by Pagely of any fault or liability of Pagely with respect to the Security Incident.

8. Customer Rights

8.1 Independent Determination. Customer is responsible for reviewing the information made available by Pagely relating to data security and its Security Standards and making an independent determination as to whether the Services meets Customer’s requirements and legal obligations as well as Customer’s obligations under this Addendum. The information made available is intended to assist Customer in complying with Customer’s obligations under Data Protection Laws.  Customer agrees that the Services and the Security Standards implemented and maintained by Pagely 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).

8.2 Customer Audit Rights. Customer has the right to confirm Pagely’s compliance with this Addendum as applicable to the Services by making a specific request in writing, at reasonable intervals, to the address set forth in the Terms of Service. If Pagely declines to follow any instruction requested by Customer regarding a properly requested and scoped audit or inspection, Customer is entitled to terminate this Addendum and the Terms of Service.

9. Transfers of Customer Data

9.1 U.S. Based Processing. Except where specifically noted in the Terms of Service, Customer Data will be transferred outside the United Kingdom or the EEA and processed in the United States.

9.2 Application of EU Standard Contractual Clauses. Module Two (Controller to Processor) EU Standard Contractual Clauses or Module Three (Processor to Processor) EU Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognized by the European Commission as providing an adequate level of protection for Customer Data. These EU Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, these EU Standard Contractual Clauses will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Personal Data outside the EEA, such as when necessary for the performance of Services pursuant to the Terms of Service or with your consent. 

1. For each Module, where applicable:
   1. in Clause 7 of the EU Standard Contractual Clauses, the optional docking clause will not apply;
   2. in Clause 9 of the EU Standard Contractual Clauses, Option 2 will apply and the time period for prior written notice of sub-processor changes will be as set forth in Section 6.3 (New Sub-processors) of this Addendum;
   3. in Clause 11 of the EU Standard Contractual Clauses, the optional language will not apply;
   4. in Clause 17 (Option 1), the EU Standard Contractual Clauses will be governed by German law;
   5. in Clause 18(b) of the EU Standard Contractual Clauses, disputes will be resolved before the courts of the Federal Republic of Germany;
   6. in Annex I, Part A of the EU Standard Contractual Clauses:A. List of PartiesData Exporter(s): The data exporter is the entity identified as “Customer” in the Addendum Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Exporter is deemed to have signed these EU Standard Contractual Clauses. Role: Controller (under Module Two) or Processor (under Module Three)Data importer(s): Pagely, LLC Contact details: Office of the Data Protection Officer – privacy@pagely.com Signature and date: As of the date of Data Exporter’s electronic acceptance of Data Importer’s Terms of Service, Data Importer is deemed to have signed these EU Standard Contractual Clauses. Role: Processor
   7. in Annex I, Part B of the EU Standard Contractual Clauses:B. Description of TransferCategories of data subjects whose personal data is transferred are described in Appendix 1 of the Addendum.Categories of personal data transferred are described in Appendix 1 of the Addendum.Sensitive data transferred are described in Appendix 1 of this Addendum.The frequency of the transfer is a continuous basis for the duration of the Terms of Service.Nature of the processing is described in Section 2.2 and Appendix 1 of this Addendum.Purpose(s) of the data transfer and further processing are described in Section 2.2 and Appendix 1 of this Addendum.The period for which the personal data will be retained described in Appendix 1 of this Addendum.For transfers to (sub-) processors, the subject matter, nature and duration of the processing is set forth in Annex III to the Standard Contractual Clauses.
   8. in Annex I, Part C of the EU Standard Contractual Clauses:C. Competent Supervisory AuthorityThe North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information (‘LDI NRW’) is the competent supervisory authority.
   9. in Annex II of the EU Standard Contractual Clauses:The technical and organizational security measures implemented by the Data Importer are as in Appendix 2 of this Addendum.
   10. in Annex III of the EU Standard Contractual Clauses:The list of sub-processors is in Appendix 3 of this Addendum.

9.3 Application of UK International Data Transfer Addendum. The UK International Data Transfer Addendum will apply to Customer Data transferred via Services from the United Kingdom, either directly or via onward transfer, to any country not recognized by the competent United Kingdom regulatory authority or governmental body as providing an adequate level of protection for Customer Data. The UK International Data Transfer Addendum will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the United Kingdom. Notwithstanding the foregoing, the UK International Data Transfer Addendum will not apply where the data is transferred in accordance with a recognized compliance standard for the lawful transfer of Customer Data outside the United Kingdom, such as when necessary for the performance of Services pursuant to the Terms of Service or with your consent.

1. For data transfers from the United Kingdom that are subject to the UK International Data Transfer Addendum, the UK International Data Transfer Addendum will be deemed entered into (and incorporated into this Addendum by this reference) and completed as follows:
   1. In Table 1 of the UK International Data Transfer Addendum, the parties’ details and key contact information is located in Section 9.2 (i)(f) of this Addendum.
   2. In Table 2 of the UK International Data Transfer Addendum, information about the version of the EU Standard Contractual Clauses, modules and selected clauses which this UK International Data Transfer Addendum is appended to is located in Section 9.2 (EU Standard Contractual Clauses) of this Addendum.
   3. In Table 3 of the UK International Data Transfer Addendum:
      1. The list of Parties is located in Section 9.2 (i)(f) of this Addendum.
      2. The description of the transfer is set forth in Section 1 (Nature and Purpose of the Processing) of Appendix 1 (Details of the Processing) of this Addendum.
      3. Annex II is located in Appendix 2 (Security Standards) of this Addendum.
      4. The list of sub-processors is in Appendix 3 of this Addendum.
   4. In Table 4 of the UK International Data Transfer Addendum, both the Importer and the Exporter may end the UK International Data Transfer Addendum in accordance with the terms of the UK International Data Transfer Addendum.

10. Termination of the Addendum

This Addendum will continue in force until the termination of our processing in accordance with the Terms of Service (the “Termination Date”).

11. Return or Deletion of Customer Data

As described in the Services, the Customer may be provided controls that may use to retrieve or delete Customer Data. Deletion of Customer Data will take place no later than thirty (30) days following Termination Date, subject to the Terms of Service. Customer acknowledges that it is Customer’s responsibility to export, before the Termination Date, any Customer Data you want to retain after the Termination Date.

12. Limitations of Liability

The liability of each party under this Addendum will be subject to the exclusions and limitations of liability set out in the Terms of Service. Customer agrees that any regulatory penalties incurred by Pagely in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this Addendum and any applicable Data Protection Laws will count towards and reduce Pagely’s liability under the Terms of Service as if it were liability to the Customer under the Terms of Service.

13. Entire Terms of Service; Conflict

This Addendum supersedes and replaces all prior or contemporaneous representations, understandings, agreements, or communications between Customer and Pagely, whether written or verbal, regarding the subject matter of this Addendum, including any data processing addenda entered into between Pagely and Customer with regard to the processing of personal data and on the free movement of such data.  To the extent there is any conflict or inconsistency between the EU Standard Contractual Clauses or UK International Data Transfer Addendum and any other terms in this Addendum or the Terms of Service, the provisions of the EU Standard Contractual Clauses or UK International Data Transfer Addendum, as applicable, will prevail. Except as amended by this Addendum, the Terms of Service will remain in full force and effect.  If there is a conflict between the Terms of Service and this Addendum, the terms of this Addendum will control.

Appendix 1

 DETAILS OF THE PROCESSING

1. Nature and Purpose of Processing. Pagely will Process Customer Data as necessary to perform the Services pursuant to the Terms of Service and as further instructed by Customer throughout its use of the Services.

2. Duration of Processing. Subject to Section 10 and 11 of this Addendum, Pagely will Process Customer Data during the effective date of the Terms of Service. Notwithstanding the foregoing, Pagely may retain Customer Data, or any portion of it, if required by applicable laws or regulation, including applicable Data Protection Laws, provided that such Customer Data remains protected in accordance with the terms of this Addendum and applicable Data Protection Laws.

3. Categories of Data Subjects. Customer may upload Personal Data in the course of its use of the Services, the extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:

• Prospects, customers, business partners and vendors of Customer (who are natural persons)
• Employees or contact persons of Customer’s prospects, customers, business partners and vendors
• Employees, agents, advisors, freelancers of Customer (who are natural persons)
• Customer’s users authorized by Customer to use the Services

4. Categories of Personal Data. Customer may upload Personal Data in the course of its use of the Services, the type of and extent to which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to the following categories of Personal Data of Data Subjects: 

• Name
• Address
• Telephone number
• Date of birth
• Email address
• Other data collected that could directly or indirectly identify data subjects.

5. Sensitive Data or Special Categories of Data. Customer may upload Sensitive Data in the course of its use of the Covered Services, the type of and extent to which is determined and controlled by Customer in its sole discretion. Customer is responsible for applying restrictions or safeguards that fully take into consideration the nature of the data and the risks involved prior to transmitting or processing any Sensitive Data via the Covered Services.

Appendix 2

Security Standards

I.  Technical and Organizational Measures  

We are committed to protect our customers’ information.  Taking into account the best practices, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons we take the following technical and organizational measures.  When selecting the measures the confidentiality, integrity, availability and resilience of the systems are considered. 

II.  Data Privacy Program  

Our Data Privacy Program is established to maintain a global data governance structure and secure information throughout its lifecycle. This program is driven by the office of the data protection officer, which oversees the implementation of privacy practices and security measures. We regularly test, assess and evaluate the effectiveness of its Data Privacy Program and Security Standards.

1. Confidentiality. “Confidentiality means that personal data is protected against unauthorized disclosure.”  

We use a variety of physical and logical measures to protect the confidentiality of its customers’ personal data. Those measures include:   

  Physical Security  

• Physical access control systems in place (Badge access control, Security event monitoring etc.) 
• Surveillance systems including alarms and, as appropriate, CCTV monitoring  
• Clean desk policies and controls in place (Locking of unattended computers, locked cabinets etc.)  
• Visitor Access Management 
• Destruction of data on physical media and documents (shredding, degaussing etc.)

  Access Control & Prevention of Unauthorized Access 

• User access restrictions applied and role-based access permissions provided/reviewed based on segregation of duties principle  
• Strong authentication and authorization methods (Multi-factor authentication, certificate based authorization, automatic deactivation/log-off etc. ) 
• Centralized password management and strong/complex password policies (minimum length, complexity of characters, expiration of passwords etc.)   
• Controlled access to e-mails and the Internet 
• Anti-virus management  
• Intrusion Prevention System management

Encryption   

• Encryption of external and internal communication via strong cryptographic protocols  
• Encrypting personal data and sensitive data at rest (databases, shared directories etc.)   
• Full disk encryption for company PCs and laptops   
• Encryption of storage media  
• Remote connections to the company networks are encrypted via VPN  
• Securing the lifecycle of encryption keys

 Data Minimization    

• Personal data and sensitive data minimization in application, debugging and security logs  
• Pseudonymization of personal data to prevent directly identification of an individual 
• Segregation of data stored by function (test, staging, live) 
• Logical segregation of data by role based access rights 
• Defined data retention periods for personal data 

Security Testing     

• Penetration testing for critical company networks and platforms hosting personal data 
• Regular network and vulnerability scans

2. Integrity. “Integrity refers to ensuring the correctness (intactness) of data and the correct functioning of systems. When the term integrity is used in connection with the term “data”, it expresses that the data is complete and unchanged.”  

Appropriate change and log management controls are in place, in addition to access controls to be able to maintain the integrity of personal data such as:    

Change & Release Management    

• Change and release management process including (impact analysis, approvals, testing, security reviews, staging, monitoring etc.)  
• Role & Function based (Segregation of Duties) access provisioning on production environments

Logging & Monitoring

• Logging of access and changes on data  
• Centralized audit & security logs   
• Monitoring of the completeness and correctness of the transfer of data (end-to-end check)

3. Availability. “The availability of services and IT systems, IT applications, and IT network functions or of information is guaranteed, if the users are able to use them at all times as intended.”    

We implement appropriate continuity and security measures to maintain the availability of its services and the data residing within those services:    

• Regular fail-over tests applied for critical services  
• Extensive performance/availability monitoring and reporting for critical systems  
• Incident response programme  
• Critical data either replicated or backed up (Cloud Backups/Hard Disks/Database replication etc.) 
• Planned software, infrastructure and security maintenance in place (Software updates, security patches etc.)   
• Redundant and resilient systems (server clusters, mirrored DBs, high availability setups etc.) located on off-site and/or geographically separated locations    
• Use of uninterruptible power supplies, fail redundant hardware and network systems  
• Alarm, security systems in place  
• Physical Protection measures in place for critical sites (surge protection, raised floors, cooling systems, fire and/or smoke detectors, fire suppression systems etc.) 
• DDOS protection to maintain availability   
• Load & Stress Testing

4. Data Processing Instructions. “Data Processing Instructions refers to ensuring that personal data will only be processed in accordance with the instructions of the data controller and the related company measures”  

We have established internal privacy policies, agreements and conduct regular privacy trainings for employees to ensure personal data is processed in accordance with customers’ preferences and instructions.   

• Privacy and confidentiality terms in place within employee contracts 
• Regular data privacy and security trainings for employees 
• Appropriate contractual provisions to the agreements with sub-contractors to maintain instructional control rights 
• Regular privacy checks for external service providers 
• Providing customers full control over their data processing preferences 
• Regular security audits 

Appendix 3 – Pagely Subprocessors