Data Processing Terms

CONTENTS


CLAUSE

  1. Definitions and interpretation 2
  2. Personal data types and processing purposes 3
  3. Customer obligations 4
  4. Provider's obligations 4
  5. Provider's employees 5
  6. Security 5
  7. Personal Data Breach 5
  8. Cross-border transfers of personal data 6
  9. Subcontractors 7
  10. Complaints, data subject requests and third party rights 8
  11. Term and termination 8
  12. Data return and destruction 9
  13. Records 9
  14. Audit 10
  15. Warranties 11
  16. Indemnification 11
  17. Liability 12
  18. Notice 12
  19. Third Party Rights 12
  20. Governing Law 12
  21. Jurisdiction 12

ANNEX

ANNEX A Personal Data Processing Purposes and Details 13

ANNEX B Security measures 15

Last modified: July 1, 2018

BACKGROUND

The Customer agreeing to these terms (Customer) and Sound Concepts, Inc., a company incorporated in the United States of America, whose principal place of business is at 782 S. Auto Mall Drive Suite A, American Fork, UT 84003, United States (Sound Concepts) have entered into an agreement and/or are contracting pursuant to Terms of Sale, whereby Sound Concepts provides a software as a service platform to enable the Customer to send marketing information to contacts and provide data analytics on such communication (Master Agreement). The provision of Services may require Sound Concepts to process Personal Data on behalf of the Customer.

These Personal Data Processing Terms (Terms) set out the additional terms, requirements and conditions on which Sound Concepts will process Personal Data when providing services under the Master Agreement. For the processing of Personal Data relating to Data Subjects based within the European Union, these Terms contain the mandatory clauses required by Article 28(3) of the General Data Protection Regulation ((EU) 2016/679) for contracts between controllers and processors.

AGREED TERMS

Definitions and interpretation

The following definitions and rules of interpretation apply to these Terms.

Definitions:

Business Day: any day on which banks are open in the United Kingdom, between the hours of 9am and 6pm GMT; and Business Hour shall be construed accordingly.

Business Purposes: the services described in the Master Agreement or any other purpose specifically identified in ANNEX A.

Data Protection Legislation: all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation, relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC). In England and Wales this will include the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) as amended, replaced or updated.

Data Subject: an individual who is the subject of Personal Data.

Effective Date: means the effective date of these Terms, being the date on which Customer accepted, or the parties otherwise agreed to, these Terms, whichever is the later.

Personal Data: means any information relating to an identified or identifiable natural person that is processed by Sound Concepts as a result of, or in connection with, the provision of the services under the Master Agreement; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Personal Data Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

Processing, processes and process: either any activity that involves the use of Personal Data or as the Data Protection Legislation may otherwise define processing, processes or process. It includes any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Processing also includes transferring Personal Data to third parties.

Services: the provision of software as a service by Sound Concepts to enable the Customer to send marketing information to contacts and provide data analytics on the related communication under these Terms.

Standard Contractual Clauses: the European Commission's Standard Contractual Clauses for the transfer of Personal Data from the European Union to processors established in third countries (controller-to-processor transfers), as set out in the Annex to Commission Decision 2010/87/EU.

This Agreement is subject to the terms of the Master Agreement and is incorporated into the Master Agreement. Interpretations and defined terms set forth in the Master Agreement apply to the interpretation of these Terms.

The Annexes form part of these Terms and will have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Annexes.

A reference to writing or written includes email.

In the case of conflict or ambiguity between:

any provision contained in the body of these Terms and any provision contained in the Annexes, the provision in the body of these Terms will prevail;

the terms of any accompanying invoice or other documents annexed to these Terms and any provision contained in the Annexes, the provision contained in the Annexes will prevail;

any of the provisions of these Terms and the provisions of the Master Agreement, the provisions of these Terms will prevail; and

any of the provisions of these Terms and any executed Standard Contractual Clauses, the provisions of the executed Standard Contractual Clauses will prevail.

Personal data types and processing purposes

The Customer and Sound Concepts acknowledge that for the purpose of the Data Protection Legislation, the Customer is the controller and Sound Concepts is the processor.

The Customer retains control of the Personal Data and remains responsible for its compliance obligations under the applicable Data Protection Legislation, including providing any required notices and obtaining any required consents, and for the processing instructions it gives to Sound Concepts.

ANNEX A describes the subject matter, duration, nature and purpose of processing and the Personal Data categories and Data Subject types in respect of which Sound Concepts may process to fulfil the Business Purposes of the Master Agreement.

Customer obligations

The Customer shall, obtain and maintain all necessary permissions and valid consents required lawfully to transfer Personal Data to Sound Concepts and to enable such Personal Data to be lawfully collected, processed, and shared by Sound Concepts or as otherwise directed by the Customer. For the avoidance of doubt, the Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Legislation. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.

Provider's obligations

Sound Concepts will only process the Personal Data to the extent, and in such a manner, as is necessary for the Business Purposes in accordance with the Customer's written instructions. Sound Concepts will not process the Personal Data for any other purpose or in a way that does not comply with these Terms or the Data Protection Legislation. Sound Concepts must promptly notify the Customer if, in its opinion, the Customer's instruction would not comply with the Data Protection Legislation.

Sound Concepts must promptly comply with any Customer request or instruction requiring Sound Concepts to amend, transfer, delete or otherwise process the Personal Data, or to stop, mitigate or remedy any unauthorised processing.

Sound Concepts will maintain the confidentiality of all Personal Data and will not disclose Personal Data to third parties unless the Customer or these Terms specifically authorises the disclosure, or as required by law. If a law, court, regulator or supervisory authority requires Sound Concepts to process or disclose Personal Data, Sound Concepts must first inform the Customer of the legal or regulatory requirement and give the Customer an opportunity to object or challenge the requirement, unless the law prohibits such notice.

Sound Concepts will reasonably assist the Customer with meeting the Customer's compliance obligations under the Data Protection Legislation, taking into account the nature of Sound Concepts' processing and the information available to Sound Concepts, including in relation to Data Subject rights, data protection impact assessments and reporting to and consulting with supervisory authorities under the Data Protection Legislation.

Sound Concepts must promptly notify the Customer of any changes to Data Protection Legislation that may adversely affect Sound Concepts' performance of the Master Agreement.

Provider's employees

Sound Concepts will ensure that all of its employees:

are informed of the confidential nature of the Personal Data and are bound by confidentiality obligations and use restrictions in respect of the Personal Data;

have undertaken training on the Data Protection Legislation relating to handling Personal Data and how it applies to their particular duties; and

are aware both of Sound Concepts' duties and their personal duties and obligations under the Data Protection Legislation and this Agreement.

Sound Concepts will take reasonable steps to ensure the reliability, integrity and trustworthiness of all of Sound Concepts' employees with access to the Personal Data.

Security

Sound Concepts must at all times implement appropriate technical and organisational measures against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of Personal Data including, but not limited to, the security measures set out in ANNEX B. Sound Concepts must document those measures in writing and periodically review them to ensure they remain current and complete at least annually.

Sound Concepts must implement such measures to ensure a level of security appropriate to the risk involved, including as appropriate:

the pseudonymisation and encryption of personal data;

the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

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

a process for regularly testing, assessing and evaluating the effectiveness of security measures.

Personal Data Breach

Sound Concepts will promptly and without undue delay notify the Customer if any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable. Sound Concepts will restore such Personal Data at its own expense.

Sound Concepts will as soon as reasonably practicable and without undue delay notify the Customer if it becomes aware of:

any accidental, unauthorised or unlawful processing of the Personal Data; or

any Personal Data Breach.

Where Sound Concepts becomes aware of the matters described in clauses 7.2(a) and/or 7.2(b), it shall, without undue delay, provide the Customer with the following information:

description of the nature of those matters, including the categories and approximate number of both Data Subjects and Personal Data records concerned;

the likely consequences; and

description of the measures taken, or proposed to be taken to address the matters set out in clauses 7.2(a) and/or 7.2(b), including measures to mitigate its possible adverse effects.

Immediately following any unauthorised or unlawful Personal Data processing or Personal Data Breach, the parties will co-ordinate with each other to investigate the matter. Sound Concepts will reasonably co-operate with the Customer in the Customer's handling of the matter, including:

assisting with any investigation;

providing the Customer with physical access to any facilities and operations affected;

facilitating interviews with Sound Concepts' employees, former employees and others involved in the matter;

making available all relevant records, logs, files, data reporting and other materials required to comply with all Data Protection Legislation or as otherwise reasonably required by the Customer; and

taking reasonable and prompt steps to mitigate the effects and to minimise any damage resulting from the Personal Data Breach or unlawful Personal Data processing.

Sound Concepts will not inform any third party of any Personal Data Breach without first obtaining the Customer's prior written consent, except when required to do so by law.

Sound Concepts agrees that the Customer has the sole right to determine:

whether to provide notice of the Personal Data Breach to any Data Subjects, supervisory authorities, regulators, law enforcement agencies or others, as required by law or regulation or in the Customer's discretion, including the contents and delivery method of the notice; and

whether to offer any type of remedy to affected Data Subjects, including the nature and extent of such remedy.

Sound Concepts will cover all reasonable expenses associated with the performance of its own (but not the Customer’s) obligations under clauses 7.2 and 7.4, unless the matter arose from the Customer's specific instructions, negligence, wilful default or breach of these Terms, in which case the Customer will cover such expenses (including those of Sound Concepts).

Subject to the provisions of clause 17, Sound Concepts will also reimburse the Customer for actual reasonable expenses that the Customer incurs when responding to a Personal Data Breach to the extent that Sound Concepts caused such a Personal Data Breach, including all costs of notice and any remedy as set out in clause 7.6.

Cross-border transfers of personal data

Sound Concepts (or any subcontractor) must not transfer or otherwise process Personal Data outside the European Economic Area (EEA), save in accordance with clause 8.2.

Where such consent is granted, Sound Concepts may only process, or permit the processing, of Personal Data outside the EEA under the following conditions:

Sound Concepts is processing Personal Data in a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals. Sound Concepts must identify in ANNEX A or in writing to the Customer, the territory that is subject to such an adequacy finding; or

Sound Concepts participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that Sound Concepts (and, where appropriate, the Customer) can ensure that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the General Data Protection Regulation ((EU) 2016/679). Sound Concepts must identify in ANNEX A, or in writing to the Customer, the transfer mechanism that enables the parties to comply with these cross-border data transfer provisions and Sound Concepts must immediately inform the Customer of any change to that status; or

the transfer otherwise complies with the Data Protection Legislation for the reasons set out in ANNEX A.

If any Personal Data transfer between the Customer and Sound Concepts requires execution of Standard Contractual Clauses in order to comply with the Data Protection Legislation (where the Customer is the entity exporting Personal Data to Sound Concepts outside the EEA), the parties will complete all relevant details in, and execute Standard Contractual Clauses and take all other actions required to legitimise the transfer.

Subcontractors

Sound Concepts may only authorise a third party (subcontractor) to process the Personal Data if:

the Customer is provided with an opportunity to object to the appointment of each subcontractor within five Business Days after Sound Concepts supplies the Customer with full details regarding such subcontractor;

Sound Concepts enters into a written contract with the subcontractor that contains terms substantially the same as those set out in these Terms, in particular, in relation to requiring appropriate technical and organisational data security measures, and, upon the Customer's written request, provides the Customer with copies of such contracts;

Sound Concepts maintains control over all Personal Data it entrusts to the subcontractor; and

the subcontractor's contract terminates automatically on termination of these Terms or the Master Agreement for any reason.

Those subcontractors approved as at the Effective Date are as set out in ANNEX A. Sound Concepts must list all approved subcontractors in Annex A and include any subcontractor's name and location and contact information for the person responsible for privacy and data protection compliance.

Where the subcontractor fails to fulfil its obligations under such written agreement, Sound Concepts remains fully liable up to the extent of license fees paid to the Customer for the subcontractor's performance of its agreement obligations.

On the Customer's written request, Sound Concepts will audit a subcontractor's compliance with its obligations regarding the Customer's Personal Data and provide the Customer with the audit results.

Complaints, data subject requests and third party rights

Sound Concepts must, at no additional cost, take such technical and organisational measures as may be appropriate, and promptly provide such information to the Customer as the Customer may reasonably require, to enable the Customer to comply with:

the rights of Data Subjects under the Data Protection Legislation, including subject access rights, the rights to rectify and erase personal data, object to the processing and automated processing of personal data, and restrict the processing of personal data; and

information or assessment notices served on the Customer by any supervisory authority under the Data Protection Legislation.

Sound Concepts must notify the Customer immediately if it receives any complaint, notice or communication that relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Legislation.

Sound Concepts must notify the Customer within five Business Days if it receives a request from a Data Subject for access to their Personal Data or to exercise any of their related rights under the Data Protection Legislation.

Sound Concepts will give the Customer its full co-operation and assistance in responding to any complaint, notice, communication or Data Subject request.

Sound Concepts must not disclose the Personal Data to any Data Subject or to a third party other than at the Customer's request or instruction, as provided for in these Terms or as required by law.

Term and termination

These Terms will take effect on the Effective Date and, notwithstanding expiry of the Term or termination of this Agreement, will remain in effect until, and automatically expire upon, deletion of all Personal Data by Sound Concepts as described in these Terms.

This Agreement will remain in full force and effect from the Effective Date so long as:

the Master Agreement remains in effect, or

Sound Concepts retains any Personal Data related to the Master Agreement in its possession or control (Term).

Any provision of these Terms that expressly or by implication should come into or continue in force on or after termination of the Master Agreement in order to protect Personal Data will remain in full force and effect.

If a change in any Data Protection Legislation prevents either party from fulfilling all or part of its Master Agreement obligations, the parties will suspend the processing of Personal Data until that processing complies with the new requirements. If either party is unable to bring the Personal Data processing into compliance with the Data Protection Legislation within thirty days thereafter, the other party may terminate the Master Agreement on written notice to the other.

Data return and destruction

At the Customer's request, Sound Concepts will give the Customer a copy of or access to all or part of the Customer's Personal Data in its possession or control in the format and on the media reasonably specified by the Customer.

On termination or expiry of the Master Agreement or, if directed in writing by the Customer for any reason , Sound Concepts will securely delete or destroy, return and not retain, all or any Personal Data related to these Terms in its possession or control, [except for one copy that it may retain and use for up to 12 months for audit purposes only or other lawful reason].

If any law, regulation, or government or regulatory body requires Sound Concepts to retain any documents or materials that Sound Concepts would otherwise be required to return or destroy, it will notify the Customer in writing of that retention requirement, giving details of the documents or materials that it must retain, the legal basis for retention, and establishing a specific timeline for destruction once the retention requirement ends.

Sound Concepts will certify in writing that it has destroyed the Personal Data within five Business Days after it completes the destruction.

Records

Sound Concepts will keep detailed, accurate and up-to-date written records regarding any processing of Personal Data it carries out for the Customer, including but not limited to, the access, control and security of the Personal Data, approved subcontractors and affiliates, the processing purposes, categories of processing, any transfers of personal data to a third country and related safeguards, and a general description of the technical and organisational security measures referred to in clause 6.1 (Records).

Sound Concepts will ensure that the Records are sufficient to enable the Customer to verify Sound Concepts' compliance with its obligations under these Terms and Sound Concepts will provide the Customer with a copy of the Records upon request.

The Customer and Sound Concepts must review the information listed in the Annexes to these Terms once a year to confirm its current accuracy and update it when required to reflect current practices.

Audit

Sound Concepts will permit the Customer and its third-party representatives, no more than once in any year, to audit Sound Concepts' compliance with its Agreement obligations, on at least thirty days' notice, during the Term.

Sound Concepts will give the Customer and its third-party representatives all necessary assistance to conduct such audits. The assistance may include, but is not limited to:

physical access to, remote electronic access to, and copies of the Records and any other information held at Sound Concepts' premises or on systems storing Personal Data;

access to and meetings with any of Sound Concepts' personnel reasonably necessary to provide all explanations and perform the audit effectively; and

inspection of all Records and the infrastructure, electronic data or systems, facilities, equipment or application software used to store, process or transport Personal Data.

Sound Concepts may charge a fee (based on Sound Concept’s reasonable costs) to the Customer for any assistance detailed in clause 14.1. Sound Concepts will provide the Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such assistance. The Customer will be responsible for any fees charged by any auditor appointed by the Customer to execute any such audit.

The notice requirements in clause 14.1 will not apply if the Customer reasonably believes that a Personal Data Breach occurred or is occurring, or Sound Concepts is in breach of any of its obligations under these Terms or any Data Protection Legislation.

If a Personal Data Breach occurs or is occurring, or Sound Concepts becomes aware of a breach of any of its obligations under these Terms or any Data Protection Legislation, Sound Concepts will:

promptly and within two Business Days of the triggering event, conduct its own audit to determine the cause;

produce a written report that includes detailed plans to remedy any deficiencies identified by the audit;

provide the Customer with a copy of the written audit report; and

where reasonably possible, remedy any deficiencies identified by the audit within five Business Days.

At the Customer's written request, Sound Concepts will:

conduct an information security audit before it first begins processing any Personal Data and repeat that audit on an annual basis;

produce a written report that includes detailed plans to remedy any security deficiencies identified by the audit;

provide the Customer with a copy of the written audit report; and

remedy any deficiencies identified by the audit within five Business Days.

Sound Concepts may charge a fee (based on Sound Concept’s reasonable costs) to the Customer for any audit or report that it produces in accordance with clause 14.5. Sound Concepts will provide the Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such assistance.

No less than once in any calendar year, Sound Concepts will conduct site audits of its Personal Data processing practices and the information technology and information security controls for all facilities and systems used in complying with its obligations under these Terms, including, but not limited to, obtaining a network-level vulnerability assessment performed by a recognised third-party audit firm based on recognised industry best practices.

Sound Concepts will promptly address any exceptions noted in the audit reports with the development and implementation of a corrective action plan by Sound Concepts' management.

Warranties

Sound Concepts warrants and represents that:

its employees, subcontractors, agents and any other person or persons accessing Personal Data on its behalf are reliable and trustworthy and have received the required training on the Data Protection Legislation relating to the Personal Data;

it and anyone operating on its behalf will process the Personal Data in compliance with the Data Protection Legislation and other laws, enactments, regulations, orders, standards and other similar instruments;

it has no reason to believe that the Data Protection Legislation prevents it from providing any of the Master Agreement's contracted services; and

considering the current technology environment and implementation costs, it will take appropriate technical and organisational measures to prevent the unauthorised or unlawful processing of Personal Data and the accidental loss or destruction of, or damage to, Personal Data, and ensure a level of security appropriate to:

the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage;

the nature of the Personal Data protected; and

comply with all applicable Data Protection Legislation and its information and security policies, including the security measures required in clause 6.1.

The Customer warrants and represents that Sound Concepts' expected use of the Personal Data for the Business Purposes and as specifically instructed by the Customer will comply with the Data Protection Legislation.

Indemnification

Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under these Terms.

The Customer acknowledges that Sound Concepts is reliant on the Customer for direction as to the extent to which the Sound Concepts is entitled to use and process the Personal Data. Consequently, the Customer agrees to indemnify and hold Sound Concepts harmless from any losses, including legal fees and expenses, or arising from any claim brought by a Data Subject pursuant to any action or omission by Sound Concepts, to the extent that such action or omission resulted directly from the Customer’s instructions.

Liability

Sound Concept’s liability under or in connection with these Terms, and including under any Standard Contractual Clauses entered into in connection with these Terms or the Master Agreement, is subject to the limitations on liability contained in the Master Agreement.

Notice

Any notice or other communication given by the Customer to Sound Concepts in connection with these Terms must be in writing and delivered to:

Jason Matheny, Data Privacy Contact.
Sound Concepts, Inc.
782 S Auto Mall Drive Suite A
American Fork, UT 84003

Clause 18.1 shall not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

A notice given under these Terms is not valid if sent by email.

Third Party Rights

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

Governing Law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Jurisdiction

The Customer and Sound Concepts irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this letter or its subject matter or formation (including non-contractual disputes or claims).


Personal Data Processing Purposes and Details

Subject matter of processing:

Sound Concepts’ provision of the Services and related technical support to the Customer

Duration of Processing:

Sound Concepts will process data for the Term plus the period from expiry of such Term until deletion of all Personal Data by Sound Concepts in accordance with these Terms and the Master Agreement.

Nature and Purpose of Processing:

Sound Concepts will process Customer Personal Data submitted, stored, sent or received by the Customer via the Services for the purposes of providing the Services and related technical support to the Customer in accordance with these Terms.

Personal Data Categories:

Personal data submitted, stored, sent or received by the Customer in connection with the Services, which may include the following categories of data: names, addresses, telephone numbers, emails, opt out/ opt in designation, lead capture results, area of focus preference, hot/ cold designation, notes, tags/ folder designation, user share actions to contacts, contact actions with platform and interest level rating.

Data Subject Types:

Customer’s clients, contacts and prospective clients.

Identify Sound Concepts' legal basis for processing Personal Data outside the EEA in order to comply with cross-border transfer restrictions:

Located in a country with a current determination of adequacy: United States of America.

Standard Contractual Clauses between Customer as "data exporter" and Provider as "data importer".

EU-US Privacy Shield Certified.

Approved Subcontractors:

Oracle Bronto (https://bronto.com) – Email Newsletter

Freshworks, Inc. (https://bronto.com) – Customer Helpdesk

Sendgrid (https://sendgrid.com) – Email SMTP Provider

Ziplingo (http://ziplingo.com) – SMS Gateway Provider

LightSpeed VT (http://lightspeedvt.com) – Learning Management System

Achieve Today (https://iachievetoday.com) – Learning Management System

Security measures

Physical access controls.

Off-site Data Center Security Operation. Physical access to AWS production servers is restricted to AWS personal and their Physical Security policies.

On-site Data Center Security Operation. Physical access controls to equipment located on premises is a badging system to gain access to the building. There is motion activated camera’s monitoring sensitive servers and equipment.

System access controls, Data access controls and Transmission controls.

Off-site System Access. Access to AWS systems is restricted by SSH keys. Those keys are distributed to authorized employees, and contractors. Additionally, the system is setup behind several Security Groups that only allow access on specified ports and IP’s. As an added layer of protection against intrusion, there is a Web Application Firewall (WAF) in front of the shopping cart sites, and Anti-virus detection software running on all servers. When Data is transferred between machines, it is done so via private connections on an internal network, where possible. When this is not a possibility (such as when moving data to a new network) forced HTTPS, and/or SSH connections encryptions are employed.  It is considered that as far as these things are in place, and maintained, that direct access to Data is protected and restricted to authorized persons on a “need to know” basis. Additionally, there are monitors set in place to alert top tier persons of any System/Network issues so that they may be resolved as quickly and efficiently as possible. This includes but is not limited to, system load, CPU usage, site availability, etc.

On-site System Access. The local systems are protected by a Windows Domain, that require domain username and password. These users are created with minimal access to the systems required for performing the employees’ job. Where the Windows Domain is not in place for authentication, a typical Username and Password system is in place. These passwords are given only to authorized individuals. Access to Data on these systems is considered protected in-as-much as the above practices are enforced and maintained. Data transferred in this system is either done via Intranet or with forced HTTPS and/or SSH Key encryption.

Personnel System Access. Access is restricted to those persons authorized to access them. Policies are in place regarding to prevent the sharing of credentials and going thru proper channels to gain access to desired resources.

Restricted AWS Console access is given to authorized persons. These AWS users are forced to utilize two factor authentications.

Data backups.

Off-site Data. AWS data is backed up in 3 locations. Generic files are stored in a Private GitHub. Images for the sites are stored in S3 buckets. The sensitive data is stored in the AWS RDS. Backups for items stored in GitHub are done by the built in versioning history. The RDS are backed up daily, and can easily be restored. S3 does not have any built in backups and is currently not being backed up.

On-Site Data. There are only 2 machines currently being backed up, and they are the ones that make up our Domain Controller (DC).

Data segregation.

Database.To ensure that each client’s sensitive data is segregated, we have setup client specific DB’s that require, client specific, randomly generated, credentials. Access to the DB is then only granted to the credentials above and is coded into a client specific configuration file. In the event that the configuration file is unavailable, the App/Site will only load a white screen to avoid any exploits of the system. The FS is segregated in client specific folders/directories.

File System.The core files of each client are stored in client specific Folder/Directories. Should a generic file need be set in place, a copy is made and updated as needed. This helps prevent any cross-data contamination. Additionally, the main way of accessing/ changing these files is through the client specific Back Office, with direct access to the FS restricted to top tier employees.