data processing addendum

CYTWIST DATA PROCESSING ADDENDUM

PART I – GENERAL

INTRODUCTION
1. This Data Processing Addendum (“DPA”) forms part of the Subscription Agreement (the “Agreement”) with respect to the provision of the Solution under the Agreement, as defined therein (the “Solution”), and shall govern the Processing of Personal Data under the Agreement.
2. By accepting the Agreement, Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of its Authorized Affiliates, if and to the extent CyTwist processes Personal Data for which such Authorized Affiliates qualify as the Controller. For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and its Authorized Affiliates.
3. In the course of providing the Solution to Customer pursuant to the Agreement, CyTwist may Process Personal Data on behalf of Customer, and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
HOW THIS DPA APPLIES
1. If the Customer entity entering into this DPA is a party to the Agreement, then this DPA is an addendum to and forms part of the Agreement. In such case, CyTwist is party to this DPA. If Customer has purchased the Solution through an authorized reseller, Customer should contact the authorized reseller to discuss whether any amendment to its agreement with the authorized reseller is required.
2. This DPA consists of two parts: the main body of the DPA, and its Schedules.
3. This DPA shall not replace any comparable or additional rights relating to Processing of Personal Data contained in the Agreement.

PART II – DATA PROCESSING TERMS

DEFINITIONS
1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
2. “Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Solution pursuant to the Agreement between Customer and CyTwist but has not signed its own Order Form with CyTwist and is not a “Customer” as defined under the Agreement.
3. “CyTwist” means CyTwist Ltd., a limited liability company organized under the laws of the State of Israel, acting on its behalf and in the name and on behalf of each of its Affiliates.
4. “Controller” means the entity which determines the purposes and means of the Processing of Personal Data.
5. “Customer Data” means as defined in the Agreement.
6. “End User” means any Data Subject who is authorized by the Customer to use the Solution.
7. “Data Protection Laws” means (i) the European Data Protection Laws, applicable to the Processing of Personal Data under the Agreement, and (ii) the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ. Code 1798.1001798.199, and any amendment, modification, or revision thereof, applicable to the Processing of Personal Data under the Agreement.
8. “European Data Protection Laws” means (i) the GDPR, (ii) the United Kingdom General Data Protection Regulation (the “UK GDPR”), and (iii) the Swiss Federal Act on Data Protection, each as amended, replaced or superseded from time to time;
9. “Data Subject” means the identified or identifiable person to whom Personal Data relates.
10. “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27 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 (General Data Protection Regulation).
11. “Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws), where for each (i) or (ii), such data is Customer Data.
12. “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
13. “Processor” means the entity which Processes Personal Data on behalf of the Controller.
14. “Standard Contractual Clauses” means (i) the contractual clauses set out in Schedule 2, and (ii) where the UK GDPR applies, the contractual clauses set out in Schedule 2 as supplemented by the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses issued by the Commissioner under S119A(1) Data Protection Act 2018, as may be amended from time to time.
15. “Sub-processor” means any entity engaged by another entity which is a Processor of Personal Data to perform that Processor’s data processing obligations on that Processor’s behalf.
16. “Supervisory Authority” means an independent public authority established by an EU Member State pursuant to the GDPR.
17. “Special Information” means Personal Data considered to be sensitive or otherwise subject to specific protections under applicable laws exceeding any requirements that apply to Personal Data generally, such as, for illustrative purposes, Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation, financial information, government identifiers, precise geolocation, and information concerning children.
PROCESSING OF PERSONAL DATA
1. Roles of the Parties. The Parties acknowledge and agree that (i) with regard to the Processing of Personal Data, Customer is the Controller (or Processor) and CyTwist is the Processor (or Sub-Processor), and (ii) CyTwist or its Affiliates will engage Sub-processors pursuant to the requirements set forth in Section “Sub-processors” below.
2. Customer’s Processing of Personal Data. Customer shall, in its use of the Solution, Process Personal Data in accordance with the requirements of Data Protection Laws. Customer declares that Personal Data processed through the Solution, was obtained and is provided to CyTwist lawfully, in accordance with all requirements of Data Protection Laws and that there is a documented legal basis for the Processing of Customer Personal Data by CyTwist. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws. Customer shall have sole responsibility for the means by which Customer acquired Personal Data and for obtaining all consents from Data Subjects whose Personal Data is included in the Customer Data and providing all notices required to be provided to such Data Subjects, prior to the Processing by CyTwist. CyTwist shall inform the Customer if, in its opinion, any instruction regarding the demonstration of CyTwist’s compliance with the Agreement infringes any Data Protection Law.
3. Details of the Processing.
  1. CyTwist shall comply with the Data Protection Laws to which CyTwist is subject. CyTwist is not responsible for complying with Data Protection Laws that are applicable to Customer, and it is Customer’s responsibility evaluating for itself whether the Solution, the Security Measures and CyTwist’s commitments under this DPA meet the requirements of the Data Protection Laws applicable to Customer.
  2. CyTwist shall not Process Personal Data other than to provide the Solution in accordance with the Agreement (including as set forth in this DPA and as described in Schedule 1 to this DPA), unless Processing is required by applicable law to which CyTwist or its Sub-processors are subject (the “Purpose”), in which case CyTwist shall, to the extent permitted by applicable law, inform the Customer of that legal requirement before the relevant Processing of that Personal Data.
  3. CyTwist shall not retain, use, disclose or otherwise Process the Personal Data for any purpose other than the Purpose, and shall not “sell” the Personal Data within the meaning of Data Protection Laws.
  4. The subject-matter of Processing of Personal Data by CyTwist is providing the Solution pursuant to the Agreement. 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 DPA are further specified in Schedule 1 (Details of the Processing) to this DPA.
  5. Customer hereby instructs CyTwist (and authorizes CyTwist to instruct each Sub-processor) to Process Personal Data, and in particular, transfer Personal Data to any country or territory, as reasonably necessary for the provision of the Solution in accordance with the Agreement.
  6. Customer warrants and represents that it is and will at all relevant times remain duly and effectively authorized to give the instruction set out in Section ‎2.3.5 on behalf of each relevant Authorized Affiliate.
CYTWIST PERSONNEL
1. Confidentiality. CyTwist shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data and have executed written confidentiality agreements.
2. Limitation of Access. CyTwist shall ensure that CyTwist’s personnel who access to Personal Data are as strictly necessary for the purposes of the Agreement, and will comply with applicable laws in the context of such individuals’ duties to CyTwist or its Authorized Affiliates.
SUB-PROCESSORS
1. Appointment of Sub-processors. Customer acknowledges and agrees that CyTwist may appoint (and permit each Sub-processor appointed in accordance with this Section ‎4 to appoint) third-party Sub-processors in connection with the provision of the Solution. Where a Sub-processor will process Personal Data which is subject to European Data Protection Laws, CyTwist will ensure that the Sub-processor is subject to contractual obligations regarding Personal Data essentially similar to those in this Agreement with respect to the protection of Personal Data to the extent applicable to the nature of the Solution provided by such Sub-processor.
2. List of Current Sub-processors and Notification of New Sub-processors. Customer may subscribe to notifications of new Sub-processors by sending an email to contact@cytwist.com,and if Customer subscribes, CyTwist shall provide notification of any new Sub-processor(s) before authorizing any new Sub-processor(s) to Process Personal Data in connection with the provision of the Solution.
3. Objection Right for New Sub-processors. Customer may object to CyTwist’s use of a new Sub-processor by notifying CyTwist promptly in writing within ten (10) business days after receipt of CyTwist’s notice in accordance with the mechanism set out in Section ‎4.2. In the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, CyTwist will use reasonable efforts to make available to Customer a change in the Solution or recommend a commercially reasonable change to Customer’s configuration or use of the Solution to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If CyTwist is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer’s sole remedy is to terminate the applicable Order Form(s) with respect only to the Solution which cannot be provided by CyTwist without the use of the objected-to new Sub-processor, by providing written notice to CyTwist.
4. Liability. CyTwist shall be liable for the acts and omissions of its Sub-processors to the same extent CyTwist would be liable if performing the services of each Sub-processor directly under the terms of this DPA, except as otherwise set forth in the Agreement.
SECURITYMEASURES
1. CyTwist shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and integrity of Personal Data, in accordance with CyTwist security standards described in Schedule 3, as applicable to the Solution (“Security Measures“). CyTwist regularly monitors compliance with the Security Measures. CyTwist reserves the right to modify the Security Measures without further notice to the Customer, provided that CyTwist will not materially decrease the overall security of the Solution during a Subscription Term. Customer is solely responsible for reviewing the information made available by CyTwist relating to data security and making an independent determination as to whether the Solution meets Customer’s requirements, and for ensuring that Customer’s personnel and consultants follow the guidelines they are provided regarding the Customer’s data security responsibilities when using the Solution. In the event that Customer intends to upload or access any Special Information, Customer shall evaluate whether the technical and Security Measures are sufficient to protect Special Information. Customer shall not upload any Special Information to the Solution if Customer determines that the Security Measures described are insufficient to protect such Special Information in accordance with applicable laws.
RIGHTS OF DATA SUBJECTS
1. Data Subject Request. CyTwist shall, to the extent legally permitted, promptly notify Customer if CyTwist receives a request from a Data Subject to exercise any Data Subjects’ rights in accordance with the Data Protection Laws (“Data Subject Request”). However, it is agreed that CyTwist processes only the Personal Data that Customer has chosen to share with CyTwist. CyTwist has no direct or contractual relationship with Data Subjects. As a result, Customer is solely responsible for satisfying all legal obligations owed directly to the Data Subject under applicable Data Protection Laws. To the extent CyTwist has Customer Personal Data that is inaccessible to or unmodifiable by Customer, CyTwist will assist the Customer in responding to Data Subject Requests.
2. It is the Customer’s responsibility to ensure that Personal Data it collects can be legally collected in the country of origin. The Customer is also responsible for providing to Data Subjects any notices required by applicable law and for responding appropriately to each Data Subject’s request to exercise his or her rights with respect to Personal Data. In addition, the Customer is responsible for ensuring that its use of the Solution is consistent with any privacy policy the Customer has established and any notices it has provided to Data Subjects.
3. To the extent required by Data Protection Laws, CyTwist will cooperate with Customer in the event the Customer initiates a data protection impact assessment, in each case solely in relation to Processing of Personal Data by CyTwist and taking into account the nature of processing and information available to CyTwist.
INCIDENT MANAGEMENT AND NOTIFICATION

To the extent required under applicable Data Protection Laws, CyTwist shall notify Customer without undue delay after becoming aware of an actual breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data; but excluding any unauthorized disclosure or access that is caused by Customer or its End Users, including Customer or its End Users’ failure to adequately secure equipment or accounts (a “Personal Data Incident”), providing Customer with sufficient information, to the extent such information is reasonably available, to allow Customer to meet any obligations to report or inform Individuals of the Personal Data Incident under the Data Protection Laws. CyTwist will cooperate with Customer in the event of a Personal Data Incident, taking into account the nature of processing and information available to CyTwist. Without derogating from the above, Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third-party notification obligations related to any Personal Data Incident.

CERTIFICATIONS AND AUDITS

Upon written request, but no more than once every twelve (12) months, CyTwist shall provide to Customer (on a confidential basis) a summary copy of any third-party audit report(s) or self-certifications in accordance with the ISO27001 standards or a reasonable equivalent that is applicable to the data centers, systems, and computing environments used to Process Personal Information, so that Customer can verify CyTwist’s compliance with this DPA, the audit standards against which it has been assessed, and the standards specified in the CyTwist Security Measures.

RETURN AND DELETION OF PERSONAL DATA
1. Subject to Sections ‎9.2 and ‎9.3 below, upon termination or expiration of the Agreement, CyTwist shall delete and procure the deletion of all copies of Personal Data in its possession.
2. CyTwist and its Affiliates may retain Personal Data to the extent required by applicable laws, only to the extent and for such period as required by applicable laws, and always provided that CyTwist and each Affiliate shall ensure (i) the confidentiality of all such Personal Data, and (ii) that such Personal Data is only Processed as necessary for the purpose specified in the applicable laws requiring its storage and for no other purpose.
3. CyTwist shall provide written certification to Customer that it has fully complied with this Section ‎9 within sixty (60) days of receiving Customer’s written request to receive such certification.
AUTHORIZED AFFILIATES
1. Contractual Relationship. The Parties acknowledge and agree that, by executing the Agreement, the Customer enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates, thereby establishing a separate DPA between CyTwist and each such Authorized Affiliate, subject to the provisions of the Agreement and this Section ‎10 and Section ‎11 below. Each Authorized Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an Authorized Affiliate is not and does not become a party to the Agreement and is only a party to the DPA. All access to and use of the Solution by Authorized Affiliates must comply with the terms and conditions of the Agreement. Any violation of the terms and conditions of the Agreement by an Authorized Affiliate shall be deemed a violation by Customer.
2. Communication. The Customer that is the contracting party to the Agreement shall remain responsible for coordinating all communication with CyTwist under this DPA and is entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Affiliates.
3. Rights of Authorized Affiliates. Where an Authorized Affiliate becomes a party to this DPA with CyTwist, it shall, to the extent required under applicable Data Protection Laws, be entitled to exercise the rights and seek remedies under this DPA, subject to the following: except where applicable Data Protection Laws require the Authorized Affiliate to exercise a right or seek any remedy under this DPA against CyTwist directly by itself, the parties agree that: (i) solely the Customer that is the contracting party to the Agreement shall exercise any such right or seek any such remedy on behalf of the Authorized Affiliate, and (ii) the Customer that is the contracting party to the Agreement shall exercise any such rights under this DPA not separately for each Authorized Affiliate individually, but in a combined manner for all of its Authorized Affiliates together (as set forth, for example, in Section ‎8 above).
LIMITATION OF LIABILITY

Notwithstanding any provisions to the contrary included in this DPA and the Standard Contractual Clauses, each Party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this DPA, and all DPAs between Authorized Affiliates and CyTwist, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, and any reference in such section to the liability of a Party means the aggregate liability of that Party and all of its Affiliates under the Agreement and all DPAs together.

For the avoidance of doubt, CyTwist’s and its Affiliates’ total liability for all claims from the Customer and all of its Authorized Affiliates arising out of or related to the Agreement and each DPA, shall apply in the aggregate for all claims under both the Agreement and all DPAs established under this Agreement, including by Customer and all Authorized Affiliates, and, in particular, shall not be understood to apply individually and severally to Customer and/or to any Authorized Affiliate that is a contractual party to any such DPA.

In addition, for the avoidance of doubt, each reference to the DPA in this DPA means this DPA including its Schedules and Appendices (if any).

The Customer acknowledges that CyTwist is reliant on the Customer for direction as to the extent to which CyTwist is entitled to Process Customer Personal Data on behalf of Customer in performance of the services as per the Agreement. Consequently, CyTwist will not be liable under the Agreement for any claim brought by a Data Subject or other third party arising from any action or omission by CyTwist, to the extent that such action or omission resulted from Customer’s instructions or from Customer’s failure to comply with its obligations under Data Protection Laws.

DATA TRANSFER
1. Transfers to countries that offer adequate level of data protection. Personal Data may be transferred from the European Economic Area (“EEA“) to countries that offer adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the European Union, the Member States or the European Commission (“Adequacy Decisions”), without any further safeguard being necessary.
2. Transfers to other countries. If the Processing of Personal Data includes transfers from the EEA or the UK to countries which do not offer adequate level of data protection or which have not been subject to an Adequacy Decision, the following terms shall apply:

With respect to EU and UK transfers of Personal Data, Customer as a Data Exporter (as defined in the Standard Contractual Clauses) and CyTwist on behalf of itself and each Affiliate (as applicable) as a Data Importer (as defined in the Standard Contractual Clauses) hereby enter into the Standard Contractual Clauses set out in Schedule 2, and Module 2 of the Standard Contractual Clauses shall apply. To the extent that there is any conflict or inconsistency between the terms of the Standard Contractual Clauses and the terms of this DPA, the terms of the Standard Contractual Clauses shall take precedence.

LEGAL EFFECT

This DPA shall only become legally binding between Customer and CyTwist when the Agreement becomes legally binding between the Parties.

List of Schedules

SCHEDULE 1 – DETAILS OF THE PROCESSING
SCHEDULE 2 – STANDARD CONTRACTUAL CLAUSES
SCHEDULE 3 – SECURITY MEASURES

SCHEDULE 1

DETAILS OF PROCESSING OF CUSTOMER PERSONAL DATA

This Schedule 1 includes certain details of the Processing of Customer Personal Data, as required by GDPR Article 28(3).

Subject matter and duration of the Processing of Personal Data:

CyTwist will process Personal Data as necessary to provide the Solution pursuant to the Agreement. The duration of the processing will be until 60 days after expiration/termination of the Agreement.

The nature and purpose of the Processing of Personal Data:

CyTwist will store, process and access Personal Data only to the extent reasonably necessary to provide Customer the Solution and to create System Data (as such term is defined in the Agreement) to improve the Solution.

The categories of Personal Data to be Processed:
Dataset: CyTwist may Process the following categories of Personal Data in relation to the Dataset:

Unique identifiers such as user name, account number and password.
Usage activity about how the user interacts with Dataset and about the systems and related environment from which users access Dataset, such as Dataset type and version, license information, installed plug-ins, UUID, current and past data volume, which features are used, and third-party systems used in connection with Dataset.
Logs from the Customer environment and other information as uploaded by the Customer to Dataset.
Customer company details, titles, emails, phone numbers, names of Customer representatives, billing information, business information and other data or information that Customer decided to provide to CyTwist by or through the Solution or any other means or mechanisms.
User and endpoint data, including agent ID, endpoint name, customer active directory user ID, user name, installed applications (including installation time, size, publisher and version, SMTP user name, and configuration data related to active directory integration).
File full path, which will include Personal Data only if the file name as named by the Customer will include such data.
In cases of suspected threats, CyTwist collects for each process (file metadata, hash, file type, certificate, command line arguments, network access metadata such as IP address and protocol, and registry such as created keys, deleted keys and modified keys).
Network data such as internal network IP address and public IP address (if running cloud-based management console).
Live network monitoring such as URLs, URL headers and time stamps.

The categories of Data Subjects:

Personal Data may relate to Customer’s employees, agents, advisors, subcontractors or contact persons of Customer’s channel, partners, customers, prospects, business partners and vendors, and any other individuals whose Personal Data is captured by the Customer’s use of the Solution.

SCHEDULE 2

NEW STANDARD CONTRACTUAL CLAUSES

SECTION I

Clause 1

Purpose and scope

The purpose of these standard contractual clauses is to ensure compliance with the requirements of 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 (General Data Protection Regulation) for the transfer of personal data to a third country.
The Parties:
1. the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and
2. the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”)

have agreed to these standard contractual clauses (hereinafter: “Clauses”).

These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2

Effect and invariability of the Clauses

These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3

Third-party beneficiaries

Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
1. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
2. Clause 8 – Module One: Clause 8.5 (e) and Clause 8.9(b); Module Two: Clause 8.1(b), 8.9(a), (c), (d) and (e); Module Three: Clause 8.1(a), (c) and (d) and Clause 8.9(a), (c), (d), (e), (f) and (g); Module Four: Clause 8.1 (b) and Clause 8.3(b);
3. Clause 9 – Module Two: Clause 9(a), (c), (d) and (e); Module Three: Clause 9(a), (c), (d) and (e);
4. Clause 12 – Module One: Clause 12(a) and (d); Modules Two and Three: Clause 12(a), (d) and (f);
5. Clause 13;
6. Clause 15.1(c), (d) and (e);
7. Clause 16(e);
8. Clause 18 – Modules One, Two and Three: Clause 18(a) and (b); Module Four: Clause 18.
Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4

Interpretation

Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6

Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7 – Optional

Docking clause

An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8

Data protection safeguards

The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.

MODULE TWO: Transfer controller to processor

8.1 Instructions

The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.
The data importer shall immediately inform the data exporter if it is unable to follow those instructions.

8.2 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.

8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.4 Accuracy

If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.

8.5 Duration of processing and erasure or return of data

Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

8.6 Security of processing

The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter “personal data breach”). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.

8.7 Sensitive data

Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.

8.8 Onward transfers

The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.

Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.9 Documentation and compliance

The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer.
The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 9

Use of sub-processors

MODULE TWO: Transfer controller to processor

OPTION 2: GENERAL WRITTEN AUTHORISATION The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.

Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.
The data importer shall provide, at the data exporter’s request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.
The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

Clause 10

Data subject rights

MODULE TWO: Transfer controller to processor

The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.
The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.

Clause 11

Redress

The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

MODULE TWO: Transfer controller to processor

In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.
Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
1. lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
2. refer the dispute to the competent courts within the meaning of Clause 18.
The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.
The data importer shall abide by a decision that is binding under the applicable EU or Member State law.
The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12

Liability

MODULE TWO: Transfer controller to processor

Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.
Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage.
Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.
The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its / their responsibility for the damage.
The data importer may not invoke the conduct of a sub-processor to avoid its own liability.

Clause 13

Supervision

MODULE TWO: Transfer controller to processor

[Where the data exporter is established in an EU Member State:] The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

[Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679:] The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shall act as competent supervisory authority.

[Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679:] The supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority.

The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES

Clause 14

Local laws and practices affecting compliance with the Clauses

MODULE TWO: Transfer controller to processor

The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
1. the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
2. the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;
3. any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.
The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a). [For Module Three: The data exporter shall forward the notification to the controller.]
Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation [for Module Three: , if appropriate in consultation with the controller]. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by [for Module Three: the controller or] the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15

Obligations of the data importer in case of access by public authorities

MODULE TWO: Transfer controller to processor

15.1 Notification

The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
1. receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
2. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

[For Module Three: The data exporter shall forward the notification to the controller.]

If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.). [For Module Three: The data exporter shall forward the information to the controller.]
The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.
Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2 Review of legality and data minimisation

The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).
The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request. [For Module Three: The data exporter shall make the assessment available to the controller.]
The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16

Non-compliance with the Clauses and termination

The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
1. the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
2. the data importer is in substantial or persistent breach of these Clauses; or
3. the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.

In these cases, it shall inform the competent supervisory authority [for Module Three: and the controller] of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

[For Modules One, Two and Three: Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data.] [For Module Four: Personal data collected by the data exporter in the EU that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall immediately be deleted in its entirety, including any copy thereof.] The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17

Governing law

MODULE TWO: Transfer controller to processor

[OPTION 2 (for Modules Two and Three): These Clauses shall be governed by the law of the EU Member State in which the data exporter is established. Where such law does not allow for third-party beneficiary rights, they shall be governed by the law of another EU Member State that does allow for third-party beneficiary rights. The Parties agree that this shall be the law of _______ (specify Member State).]

Clause 18

Choice of forum and jurisdiction

MODULE TWO: Transfer controller to processor

Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

The Parties agree that those shall be the courts of _____ (specify Member State).
A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.
The Parties agree to submit themselves to the jurisdiction of such courts.

APPENDIX

ANNEX I

A. LIST OF PARTIES

MODULE TWO: Transfer controller to processor

Data exporter(s): Customer, as described in the DPA.

Activities relevant to the data transferred under these Clauses: CyTwist will process Personal Data as necessary to perform the Solution pursuant to the Agreement.

Signature and date: As provided in the DPA.

Role (controller/processor): Controller.

Data importer(s):

1. Name: CyTwist Ltd.

Address: 2 Yaacov Rozen St., Ramat-Gan, 5246206 Israel

Contact person’s name, position and contact details: Yossi Korakin, CTO, Korakin@cytwist.com

Activities relevant to the data transferred under these Clauses: CyTwist will process Personal Data as necessary to perform the Solution pursuant to the Agreement.

Signature and date: As provided in the DPA.

Role (controller/processor): Processor.

B. DESCRIPTION OF TRANSFER

MODULE TWO: Transfer controller to processor

Categories of data subjects whose personal data is transferred

See Schedule 1.

………………………..

Categories of personal data transferred

See Schedule 1.

………………………..

Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.

See Schedule 1.

………………………..

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).

Continuous transfer of data during the services period as per the Agreement.

…………………………

Nature of the processing

See Schedule 1.

…………………………

Purpose(s) of the data transfer and further processing

See Schedule 1.

………………………..

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

See Schedule 1.

……………………..

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing

See Schedule 1.

……………………..

C. COMPETENT SUPERVISORY AUTHORITY

MODULE TWO: Transfer controller to processor

Identify the competent supervisory authority/ies in accordance with Clause 13

………………………….

ANNEX II – TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

MODULE TWO: Transfer controller to processor

Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.

See Schedule 1.

For transfers to (sub-) processors, also describe the specific technical and organisational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a sub-processor, to the data exporter

CyTwist requires its subprocessors to comply with materially equivallent technical and organizational measures as those adopted by CyTwist.

ANNEX III – LIST OF SUB-PROCESSORS

MODULE TWO: Transfer controller to processor

To receive a list of CyTwist’s current sub-processors, please submit a request to contact@cytwist.com.

SCHEDULE 3

Security Measures

CyTwist complies with technical and organizational measures corresponding to ISO27001 certification. For a detailed description of the security measures adopted by CyTwist, please submit a request to contact@cytwist.com.

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.