Reputation.com Data Processing Addendum: Data Hosted in U.S.

Updated on August 25, 2020
  1. Introduction
    This Data Processing Addendum (the “Addendum”) is incorporated into the Order Form and Terms of Service (the “Agreement”) and applies in respect of the provision of the Services to the Customer if the Customer is subject to the European Data Protection Laws and only to the extent the Customer is a Controller of Customer Personal Data (as defined below) that Company Processes on behalf of the Customer. This Addendum shall be effective for the term of the Agreement.
  2. Definitions
    1. For the purposes of the Addendum:
      • “Customer Personal Data” means Personal Data submitted, stored, uploaded or otherwise provided by Customer through its use of the Services, in respect of which the Customer is the Controller, as further described under Section 3 of this Addendum;
      • “EEA” means the European Economic Area;
      • “European Data Protection Laws” means the GDPR together with any national implementing laws in any Member State of the EEA and, to the extent applicable, the UK Data Protection Act 2018, as amended, repealed, consolidated or replaced from time to time;
      • “GDPR” means the General Data Protection Regulation (EU) 2016/679;
      • “Personal Data”, “Data Subject”, “Data Protection Authority”, “Data Protection Impact Assessment”, “Process”, “Processor” and “Controller” will each have the meaning given to them in the European Data Protection Laws; and
      • “Standard Contractual Clauses” means the agreement executed by and between the parties and attached hereto as Schedule 1 pursuant to the European Commission’s decision (C(2010)593) of 5 February 2010 on Standard Contractual Clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
    2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
  3. Details Of The Processing
    1. Categories of Data Subjects. This Addendum applies to the Processing of Customer Personal Data relating to Customer’s customers or patients or prospects and other end users, the extent of which is determined and controlled by Customer in its sole discretion.
    2. Types of Personal Data. Customer Personal Data includes the following types of Personal Data: names, title, position, contact information (including email addresses and phone numbers), purchase or services information, and other data, the extent of which is determined and controlled by Customer in its sole discretion.
    3. Subject-Matter and Nature of the Processing. The subject-matter of Processing of Customer Personal Data by Company is the provision of the Services to the Customer. Customer Personal Data will be subject to those Processing activities which Company needs to perform in order to provide the Services pursuant to the Agreement.
    4. Purpose of the Processing. Customer Personal Data will be Processed by Company for purposes of providing the Services set out into the Agreement.
    5. Duration of the Processing. Customer Personal Data will be Processed for the duration of the Agreement, subject to Section 11 of this Addendum.
  4. Processing Of Customer Personal Data
    1. Each of the Customer and the Company will comply with their respective obligations under the European Data Protection Laws, to the extent applicable to the Processing of any Customer Personal Data in the context of the provision of the Services.
    2. Company will only Process Customer Personal Data as a Processor on behalf of and in accordance with the Customer’s prior written instructions and for no other purpose. Company is hereby instructed to Process Customer Personal Data to the extent necessary to enable Company to provide the Services in accordance with the Agreement.
    3. If for any reason (including a change in applicable law) Company becomes unable to comply with any instructions of the Customer regarding the Processing of Customer Personal Data, Company will promptly:
      • notify the Customer of such inability, providing a reasonable level of detail as to the instructions with which it cannot comply and the reasons why it cannot comply, to the greatest extent permitted by applicable law; and
      • cease all Processing of the affected Customer Personal Data (other than merely storing and maintaining the security of the affected Customer Personal Data) until such time as the Customer issues new instructions with which Company is able to comply (and if this provision applies, Company will not be liable to the Customer under the Agreement in respect of any inability to perform the Services until such time as the Customer issues new instructions).
    4. As a part of providing the Services, Company may transfer, store and process Customer Personal Data in the United States, where Company’s parent Reputation.com, Inc. is established. In connection with the performance of the Agreement, the Standard Contractual Clauses as attached to this Addendum as Schedule 1 will apply to Customer Personal Data that is transferred outside the EEA and the UK, either directly or via onward transfer, to Reputation.com, Inc. in the United States.
  5. Confidentiality
    1. Company will ensure that any person whom Company authorises to Process Customer Personal Data on its behalf is subject to confidentiality obligations in respect of that Customer Personal Data.
  6. Security Measures
    1. Company will implement appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Personal Data.
  7. Appointment Of Subprocessors
    1. Customer authorises Company to appoint Subprocessors to perform specific services on Company’s behalf which may require such Subprocessors to process Customer Personal Data. A current list of the Company Subprocessors may be found on the Subprocessor page (https://www.reputation.com/legal/subprocessors). Customer acknowledges and agrees to the engagement of the third parties listed on the Subprocessor page as Subprocessors in connection with the provision of the Services under this Agreement. For the avoidance of doubt, the above authorization constitutes Customer’s prior written consent to the sub-Processing by the Company for purposes of Clause 11 of the Standard Contractual Clauses.

      Where Company engages a Subprocessor, Company will enter into a Data Processing Agreement with the Subprocessor that imposes on the Subprocessor at least the same level of protections that apply to Company under this DPA. Where a Subprocessor fails to fulfill its data protection obligations, Company will remain liable to the Customer for the performance of such Subprocessor’s obligations.

      If the Company engages a Subprocessor in a country outside the EEA and the UK that is not recognized by the European Commission as providing an adequate level of protection for personal data, then Company shall, in advance of any transfer of personal data to Subprocessor, take steps to ensure that a legal mechanism to achieve adequacy in respect of that processing is in place.
    2. Notification of New Subprocessors. If the Company retains new Subprocessors other than the companies listed on the Subprocessor Page, the Company will notify the Customer by updating the Subprocessor Page and will give the Customer the opportunity to object to the engagement of the new Subrocessors within 30 days after being notified. The objection must be based on reasonable legal grounds. If the Company and Customer are unable to resolve such objection, then either party may terminate the Agreement by providing written notice to the other party. If a Customer terminates, then Customer shall receive a refund of any prepaid but unused fees for the period following the effective date of termination.
    3. For the purposes of this provision, the Company’s parent Reputation.com, Inc. based in the United States is deemed to have been authorised to Process Customer Personal Data
  8. Data Subject Rights
    1. Company will, at the Customer’s request and subject to the Customer paying all of Company’s fees at prevailing rates, and all expenses, provide the Customer with assistance necessary for the fulfilment of the Customer’s obligation to respond to requests for the exercise of Data Subjects’ rights. Customer shall be solely responsible for responding to such requests.
  9. Security Breaches
    1. Company will:
      • notify the Customer as soon as practicable after it becomes aware of any loss, compromise or any unauthorised access to, or breach of the security of, any Customer Personal Data; and
      • at the Customer’s request and promptly provide the Customer with all reasonable assistance necessary to enable the Customer to notify relevant security breaches to the relevant Data Protection Authorities and/or affected Data Subjects.
  10. Data Protection Impact Assessment; Prior Consultation
    1. Company will, at the Customer’s request provide the Customer with reasonable assistance to facilitate:
      • conducting Data Protection Impact Assessments if the Customer is required to do so under the European Data Protection Laws; and
      • consultation with Data Protection Authorities, if the Customer is required to engage in consultation under the European Data Protection Laws,
      • in each case solely to the extent that such assistance is necessary and relates to the Processing by the Company of the Customer Personal Data, taking into account the nature of the Processing and the information available to the Processor.
  11. Return or Deletion of Customer Personal Data
    1. Company will permanently and securely delete (or, at the election of the Customer, return, in such format as Company may reasonably elect and subject to the Customer paying all of Company’s fees at prevailing rates, and all expenses, for transferring the Customer Personal Data to such format) all Customer Personal Data in the possession or control of Company or any of its sub-Processors, within 90 days after Company ceases to provide the Services, unless the applicable law of the EEA or EEA Member State or of the UK requires otherwise. Company will procure that its sub-Processors do likewise.
  12. Information
    1. The Company will, at Customer’s request provide the Customer with all information necessary to enable the Customer to demonstrate compliance with its obligations under the European Data Protection Laws, and allow for and contribute to audits, including inspections, conducted by the Customer or an auditor mandated by the Customer, to the extent that such information is within Company’s control and Company is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party. Company shall immediately inform the Customer if, in its opinion, an instruction infringes the European Data Protection Laws

SCHEDULE 1

Commission Decision C(2010)593
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

  • Name of the data exporting organisation:
  • Address:
  • Tel.:
  • E-mail:

(the data exporter)

And

Name of the data importing organisation: Reputation.com, Inc. 1400A Seaport Blvd. Suite 401, Redwood City, CA 94063, Tel.: (877) 553-0616; e-mail: legal@reputation.com

(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.

Clause 1

Definitions

For the purposes of the Clauses:

  1. ‘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;
  2. ‘the data exporter’ means the controller who transfers the personal data;
  3. ‘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;
  4. ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor 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;
  5. ‘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;
  6. ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

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.

Clause 3

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 subprocessor 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 subprocessor 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.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

  1. 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;
  2. 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;
  3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
  4. 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, unauthorised 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;
  5. that it will ensure compliance with the security measures;
  6. 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;
  7. to forward any notification received from the data importer or any subprocessor 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;
  8. 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 subprocessing 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;
  9. that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor 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
  10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

  1. 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;
  2. 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;
  3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
  4. that it will promptly notify the data exporter about:
    1. 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,
    2. any accidental or unauthorised access, and
    3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
  5. 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;
  6. 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;
  7. to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, 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;
  8. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
  9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
  10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  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 subprocessor 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 subprocessor 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 subprocessor 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 subprocessor 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 subprocessor agrees that the data subject may issue a claim against the data subprocessor 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 subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

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:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. 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.

Clause 8

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 subprocessor, 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 subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10

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.

Clause 11

Subprocessing

  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 subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor’s obligations under such agreement.
  2. The prior written contract between the data importer and the subprocessor 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 subprocessor shall be limited to its own processing operations under the Clauses.
  3. The provisions relating to data protection aspects for subprocessing 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.
  4. The data exporter shall keep a list of subprocessing 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.

Clause 12

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 subprocessor 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 subprocessor 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.
On behalf of the data exporter:

Name (written out in full): ____________________________

Position: _________________________________

Address: _________________________________

Signature: _____________________

On behalf of the data importer:

Reputation.com, Inc.
Name (written out in full): Christopher Sundermeier
Position: Chief Privacy Officer
Address: 1400A Seapport Blvd., Suite 401, Redwood City, CA 94063

Signature: _____________________

APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES

This Appendix forms part of the Clauses and must be completed and signed by the parties.

Data exporter
The data exporter is the entity identified as “Customer” in the Addendum.

Data importer
The data importer is Reputation.com, Inc., Reputation.com UK Ltd’s parent in the United States.

Data subjects
The personal data transferred concern the following categories of data subjects (please specify):

  • Data subjects are defined in Section 3 of the Addendum. The data subjects are: (i) the end customers of the Customer whose feedback will be solicited; and (ii) employees and agents of the Customer who may have access to the platform and have been issued log in credentials

Categories of data
The personal data transferred concern the following categories of data (please specify):

  • Categories of personal data are defined in Section 3 of the Addendum. The categories of personal data are: (i) name, email address and/or phone number of the customers of the Customer whose feedback is solicited by way of a review request or survey; and (ii) names and log in informaiton for employees and agents of the Customer who may have access to the platform and have been issued log in credentials.

Special categories of data (if appropriate)
The personal data transferred concern the following special categories of data (please specify):

  • None.

Processing operations
The personal data transferred will be subject to the following basic processing activities (please specify):

  • The processing activities defined in Section 3 of the Addendum and in the Agreement.

DATA EXPORTER

Name: _______________________

Authorised Signature: ______________________

DATA IMPORTER

Name: Reputation.com, Inc.

Authorised Signature: ______________________

APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES

This Appendix forms part of the Clauses and must be completed and signed by the parties.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

Reputation.com, Inc. Technical and Organizational Measures

(updated August 25, 2020)

Reputation.com and all of its affiliates place a very high importance on the security of its organization and all customer data. The following is an outline of the extensive Technical and Organizational Measures (“TOMs) that Reputation.com undertakes to protect its customers’ data and all personal data from unauthorized access or disclosure. More detailed information is available upon request

Compliance Program. Reputation.com is SOC2 Type II compliant as attested by a third-party auditor and is HIPAA compliant to ensure all customer PII and PHI are properly handled. Reputation.com will share the latest SOC2 Type II report and our HIPAA Business Associates Agreement upon request and under NDA.

Customer Data. The Company maintains stringent datastore specifications for all customer data and personal data. All customer data and personal data is encrypted at rest using the AES symmetric block cipher and data is encrypted in transit using TLS. The Company does not disclose or sell the data and personal data that you provide to Reputation.com about your customers. The Company does not use the data you provide us about your customers only to provide your services and for no other purpose.

Platform Secure. The Company’s proprietary SaaS reputation management platform and all customer data are maintained on secure servers at Google Cloud Services in the United States. The Google cloud infrastructure has been designed and is managed in alignment with key security and best practices, including, but not limited to: ISO 27001, SOC 1/SSAE 16/ISAE 3402(formerly SAS70); SOC 2, SOC 3, PCI DSS Level 1, FedRAMP(SM), DIACAP, FISMA, ITAR, FIPS 140-2, CSA, and MPAA.

Personal Data is Encrypted at Rest. Personal Data is encrypted in the Reputation Management Platform using Advanced Encryptions Standard (AES) algorithms.

Data in Transit is encrypted. Data in Transit is enforced encrypted via TLS 1.2 cryptographic protocol.

Password Security. The Company securely encrypts passwords. Passwords are one-way encrypted using the bcrypt algorithm, with a random salt for each password. This means that only the original creator of the password knows its value. When passwords must be retrieved, public/private key encryption is used, with a key length of 4096 or greater. Access and retention of passwords are strongly controlled and logged. Password policy with a minimum of 8 characters with at least 1 upper, 1 lower, 1 numeric and 1 special character is required.

Penetration Testing. Penetration tests are conducted by an independent third-party assessor at least annually. Reputation.com will share the latest Penetration Test report upon request and under NDA.

No Sensitive Information Collected or Stored. The Company does not collect or store sensitive information such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. We also do not collect or store personal financial data, Social Security Numbers, National Insurance numbers, government-issued ID numbers.

Access Control. Reputation.com subscribes to least privilege access as a part of our access control and conducts quarterly audits of our accounts to validate this control. Physical access to Reputation.com locations is controlled by card access readers, monitored by security cameras and all guest access is logged and monitored.

Business Continuity and Disaster Recovery We have a full Business Continuity Plan as well as a Disaster Recovery Plan. We maintain separate regions in our public cloud that are used for the purpose of disaster recovery with a full synchronization of platform data baked in. In addition, we maintain separate instances of our proprietary reputation management t platform in the United States and the European Union to ensure compliance with the General Data Protection Regulation (‘GDPR’). With this separation, no personal data will ever leave the geographical region a customer has been assigned per their contract.

Penetration Testing. Penetration tests are conducted by an independent third-party assessor at least annually..

Threat Protection. The Company deploys the latest in threat detection/threat protection and monitors its infrastructure and application on a continuous basis for anomalous behavior and attacks. Additionally, the Company has built security into the SDLC and perform Application Security Testing on its code.

Security Breach Reporting. The Company has a formal Incident Response Plan which is maintained and reviewed on an annual basis. The Company has a process in place to quickly notify Customer of any security incidents involving personal data when a material incident is confirmed. The Company will provide Customer with reasonable assistance necessary to help meet GDPR obligations.

Security Awareness Training. All employees undergo training on security in the workplace as well as HIPAA training. Awareness education on security and data privacy topics are provided to employees on an ongoing basis. Employees must also renew the completion of Security Awareness training modules annually as well as adhere to our information security policies including our Information Security Policy as well as our Data Security Policy and Customer Confidentiality Policy.

Background Checks. All offers of employment at Reputation.com are contingent on the completion of a background screening and reference check. Employees and contractors must sign a confidentiality agreement and an agreement to abide by Company security policies and procedures.

Customer Personal Data Deletion Practices. Customer Personal Data is securely stored in the Platform only. Customer Personal Data is stored only for the duration of the Customer’s engagement with the Company. The Company permanently and securely deletes all Customer Personal Data in the possession or control of Company or any of its sub-processors, provided that Company has no legal obligation to maintain the Customer Personal Data, within 90 days after (i) Company ceases to provide the Services to Customer or (ii) the Customer has instructed the Company to delete any Customer Personal Data. Company shall also procure that its sub-Processors do likewise.

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