Data Processing Agreement with EU Standard Contractual Clauses
Date of Last Revision: February 14, 2018
This Data Processing Agreement (“DPA”) is made effective as of the effective date of the Agreement referenced below and is entered into between Ayla Networks, Inc., a Delaware corporation with its principal office location at 4250 Burton Drive, Ste. 100, Santa Clara, CA 95054, USA, and the Customer specified in the Agreement (“Company”).
This DPA is an addendum to, and forms a part of, the Master Subscription Agreement entered into between Ayla or an affiliate of Ayla (hereinafter, “Ayla”) and Company, and any other agreement between the parties for the provision of services by Ayla to Company (collectively, the “Agreement”) to ensure the parties’ compliance with the requirements of applicable data protection laws and regulation relating to Company’s use of Ayla’s Services. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them under the Agreement.
1.1 “Affiliates” means any entity directly or indirectly controlling, controlled by or under common control with a party, for so long as such relationship is in effect. For the purpose of the foregoing, an ownership interest of fifty percent (50%) or more of an entity established shall be deemed to represent control of such entity.
1.2 “controller”, “data subject”, “personal data”, “process”, “processing”, “processor” have the same meanings as in the EU Legislation.
1.3 “Data Protection Laws” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area, and their member states, applicable to the processing of personal data under the Agreement.
1.4 “EU Legislation” means Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, or the subsequent General Data Protection Regulation when it becomes applicable law and replaces Directive 95/46/EC, on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
1.5 “Standard Contractual Clauses” means the Standard Contractual Clauses document attached as Attachment A to this DPA.
2. DATA PROCESSING.
2.1 Role of the Parties. The parties acknowledge and agree that with regard to the processing of personal data pursuant to the Agreement, Company is the data controller and Ayla is the data processor, processing personal data at the direction of Company.
2.2 Company Processing. Company will, in its use of the Services, process personal data in accordance with the requirements of applicable Data Protection Laws, including, without limitation, obtaining all applicable consents from end users for (a) the collection, use and processing of personal data; (b) electronic communication; and (c) sharing of personal data with third parties as related to the Services. Company’s instructions to Ayla for the processing of personal data will comply with Data Protection Laws and Company will have sole responsibility for the accuracy, quality, and legality of personal data and the means by which Company acquired personal data.
2.3 Ayla Processing. Ayla may process personal data on behalf of Company in connection with Ayla’s provision of the Services to Company. Ayla will process personal data (a) in accordance with instructions from Company and will treat personal data as confidential information; and (b) will implement appropriate technical, administrative, and organizational measures to adequately safeguard and protect the security and confidentiality of personal data against accidental, unauthorized or unlawful destruction, alteration, modification, processing, disclosure, loss, or access.
2.4 Processing Instructions. Company instructs Ayla to process personal data for the following purposes: (a) processing necessary for the provision of the Services and in accordance with Ayla’s privacy policies for the Services; (b) processing initiated by Company’s end users in their use of the Services; and (c) processing to comply with the other reasonable instructions provided by Company to Ayla (e.g., via email) where such instructions are consistent with the terms of the Agreement. For the purposes of Clause 5(a) of the Standard Contractual Clauses, the foregoing is deemed an instruction by the data exporter to process personal data.
3. DATA TRANSFER REQUIREMENTS. The Standard Contractual Clauses and the terms of this Section 3 will apply to all processing of personal data by Ayla where the personal data is transferred from the European Economic Area (EEA) to outside the EEA, either directly or via onward transfer, to any country or recipient: (a) not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the Data Protection Laws), and (b) not covered by a suitable framework recognized by the relevant authorities or courts as providing an adequate level of protection for personal data, including, but not limited to, Binding Corporate Rules or a valid safe harbor framework.
For Companies located in the People’s Republic of China (PRC), any personal data will not be transferred outside of the PRC without the express consent of any applicable government authority. Company shall be responsible for obtaining such consent.
4.1 Sub-processing. The parties acknowledge that a data exporter may provide a general consent to onward subprocessing by the data importer. Accordingly, Company provides a general consent to Ayla, pursuant to Clause 11 of the Standard Contractual Clauses, to engage onward sub-processors, subject to compliance with the requirements in this Section 4.
4.2 Sub-processor. Ayla will:
4.2.1 identify to Company all Ayla subcontractors who are involved in processing or sub-processing personal data in connection with the provision of the Services. The current subprocessors used by Ayla in connection with the Services may include:
(a) Ayla Networks, Inc.
(b) Ayla Networks Limited Taiwan Branch (Hong Kong), an Ayla Affiliate who provides support services for the benefit of Ayla and its customers; and
(c) AWS Cloud Services, an Amazon Affiliate who provides cloud services for the benefit of Ayla and its customers
(d) Twilio Inc., a cloud communications company who provides services for the benefit of Ayla and its customers
(e) Google LLC and its worldwide affiliates, who may provide push notifications to mobile phones as well as other related services
(f) Apple Inc. and its worldwide affiliates, who may provide push notifications to mobile phones as well as other related services
4.2.2 ensure that all sub-processors are bound by contractual terms no less onerous than those contained in this DPA; and
4.2.3 be liable for the acts and omissions of its sub-processors to the same extent Ayla would be liable if performing the services of each of those Sub-processors directly under the terms of this DPA, except as otherwise set forth in the Agreement.
5. SECURITY MEASURES. When processing personal data on behalf of Company in connection with the Services, Ayla shall ensure that it implements and maintains compliance with appropriate technical andorganizational security measures for the processing of such data. Accordingly, Ayla will implement the following measures:
5.1 Access Control of Processing Areas. To prevent unauthorized persons from gaining access to data processing systems in which personal data are processed (physical access control), Ayla shall take measures to preventphysical access, such as secured buildings.
5.2 Access Control to Data Processing Systems. To prevent data processing systems from being used without authorization (system access control), the following controls may be applied:
5.2.1 identification of the terminal and/or the terminal user to the data processor systems;
5.2.2 automatic time-out of user terminal if left idle, identification and password required to reopen;
5.2.3 issuing and safeguarding of identification codes;
5.2.4 password complexity requirements (minimum length, expiry of passwords, etc.); and
5.2.5 protection against external access by means of an industrial standard firewall.
5.3 Access Control to Use Specific Areas of Data Processing Systems. To ensure that only persons entitled to use Ayla data processing systems are able to access the data within the scope and to the extent covered by their respective access permission (authorization) and that personal data cannot be read, copied or modified or removed without authorization, the following controls may be applied:
5.3.1 implementing binding employee policies and providing training in respect of each employee’s access rights to the personal data;
5.3.2 effective and measured disciplinary action against individuals who access personal data without authorization;
5.3.3 release of data to only authorized persons; and
5.3.4 controlling the retention of back-up copies.
5.4 Transmission Control. To prevent personal data from being read, copied, altered or deleted by unauthorized parties during the transmission thereof or during the transport of the data media and to ensure that it is possible to check and establish to which bodies the transfer of personal data by means of data transmission facilities is envisaged, the following controls may be applied:
5.4.1 use of firewall and encryption technologies to protect the gateways and pipelines through which the data travels;
5.4.2 implementation of VPN connections to safeguard the connection to the internal corporate network;
5.4.3 constant monitoring of infrastructure (e.g. ICMP-Ping at network level, disk space examination at system level, successful delivery of specified test pages at application level); and
5.4.4 monitoring of the completeness and correctness of the transfer of data (end-to-end check).
5.5 Input Control. To ensure that it is possible to check and establish whether and by whom personal data has been input into data processing systems or removed, the following controls may be applied:
5.5.1 authentication of the authorized personnel;
5.5.2 protective measures for the data input into memory, as well as for the reading, alteration and deletion of stored data;
5.5.3 utilization of user codes (passwords);
5.5.4 proof established within Ayla’s organization of the input authorization; and
5.5.5 providing that entries to data processing facilities (the rooms housing the computer hardware and related equipment) are capable of being locked.
5.6 Availability Control. To ensure that personal data are protected from accidental destruction or loss, the following controls may be applied:
5.6.1 infrastructure redundancy; and
5.6.2 regular backups performed on database servers.
5.7 Segregation of Processing. To ensure that data collected for different purposes can be processed separately, the following controls may be applied:
5.7.1 separating data through application security for the appropriate users;
5.7.2 storing data, at the database level, in different tables, separated by the module or function they support; and
5.7.3 designing interfaces, batch processes and reports for only specific purposes and functions, so data collected for specific purposes is processed separately.
6. SECURITY INCIDENT NOTIFICATION. If either party becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, data subject’s personal data (“Security Incident”), such party will notify the other party without undue delay. Company will immediately notify Ayla of any Security Incident or vulnerability through http://support.aylanetworks.com. Each party will also reasonably cooperate with the other party with respect to any investigations and with preparing potentially required notices, and provide any information reasonably requested by the other party in relation to the Security Incident. In the event a party suffers a Security Incident, such party shall make reasonable efforts to identify and remediate the cause of such Security Breach.
7.1 Audit Procedures. The parties agree that the audits described in Clauses 5(f), 11 and 12(2) of the Standard Contractual Clauses will be carried out in accordance with the following conditions:
7.1.1 To request an audit, Company will provide Ayla with at least one (1) month’s prior written notice describing the proposed scope, duration, and start date of the audit, which may be conducted by Company or an independent auditor appointed by Company that is not a competitor of Ayla (“Auditor”). Ayla will review the audit plan and provide Company with any concerns or questions (for example, any request for information that couldcompromise Ayla’s security, privacy, or employment policies). Ayla will work cooperatively with Company to agree on a final audit plan. The scope of an audit will be limited to Ayla systems, processes and documentation relevant to the processing and protection of personal data, and Auditors will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by Ayla.
7.1.2 Prior to the start of an audit, the parties will agree to reasonable time, duration, place and manner conditions for the audit, and a reasonable reimbursement rate payable by Company to Ayla for Ayla’s audit expenses.
7.1.3 If available, Ayla will provide an Auditor, upon request, with any third party certifications pertinent to Ayla’s compliance with its obligations under this DPA (for example, ISO certification).
7.1.4 Company will promptly notify and provide Ayla with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit, and a copy of any audit report generated in connection with an audit under this Section 7. The audit reports are confidential information of the parties.
8. Deletion of Personal Data. Following termination of the Services, Ayla will delete or otherwise render anonymous the data subject’s personal data. Within 30 days following termination of the Services, Ayla will delete or otherwise render inaccessible all copies of personal data from the Services, except as may be required by law.
9. LEGALLY REQUIRED DISCLOSURES. Except as otherwise required by law, Ayla will promptly notify Company of any subpoena, judicial, administrative or arbitral order of an executive or administrative agency or othergovernmental authority (“demand”) that it receives, and which relates to the Company’s personal data. At Company’s request, Ayla will provide Company with reasonable information in its possession that may be responsive to thedemand and any assistance reasonably required for Company to respond to the demand in a timely manner. Company acknowledges that Ayla has no responsibility to interact directly with the entity making the demand.
10. Conflict. In the event of any conflict or inconsistency between this DPA and the Standard Contractual Clauses in Attachment 1, the Standard Contractual Clauses shall prevail.
11. TERMINATION. This DPA will terminate upon the termination of the final Agreement between Ayla and Company for the provision of Services by Ayla.
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
COMPANY, having office at the address specified in the Agreement or as otherwise specified herein (“Data Exporter” or “Company”);
Ayla Networks, Inc., having offices at 4250 Burton Drive, Ste. 100, Santa Clara, CA 95054, USA (“Data Importer” or “Ayla”),
each a “party”; together “the parties”,
HAVE AGREED on the following Contractual Clauses (the “Clauses”) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
For the purposes of the Clauses:
(a) “personal data”, “special categories of data”, “process/processing”, “controller”, “processor”, “data subject” and “supervisory authority” shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) “the data exporter” means the controller who transfers the persional data;
(c) “the date importer” means the processor who agrees to receive from the data exporter personal data intended for processing on his bahalf 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 with the meaning of Article25(l) of Directive 95/46/EC;
(d) “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;
(e) “the applicable data protection law” means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable in the United Kingdom; and
(f) “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.
Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the 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.
Obligations of Company
The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, 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;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any 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;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for 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;
(i) 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
(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of Ayla
The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,
(ii) any accidental or unauthorised access; or
(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for 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;
(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11; and
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or 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.
Mediation and jurisdiction
1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; or
(b) to refer the dispute to the courts in the JURISDICTION OF DATA EXPORTER.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any 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).
The Clauses shall be governed by the law of JURISDICTION OF DATA EXPORTER.
Variation of the contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the 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 laws of JURISDICTION OF DATA EXPORTER.
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.
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.
Appendix 1 to the Standard Contractual Clauses
Company is a manufacturer or provider of devices, and has licensed certain services offered by Ayla.
A US based internet of things software company that provides software, cloud services or services to Company and its affiliates.
The data subjects include Company’s end users and customers.
Categories of data:
The following pieces of personal data are required for the Ayla Service to function, and are always collected:
-User's email address or account name, customer-generated password
-Device's IP address (both WAN and LAN)
-Additionally collected, but anonymized by the device before transmission to the cloud: BSSIDs of Wi-Fi Access Points that the device can see (used for debugging purposes)
The personal data transferred may include the following categories of data, as determined by Company in its sole discretion: Account name, first name, last name, street address, city, state, postal code, country, phone number, country code, location of the device (derived from IP address, supplied by user, other mechanisms), device’s MAC address, SSID of user’s Wi-Fi network, Wi-Fi network password.
Special categories of data (if appropriate)
No special categories of data will be transferred to Ayla
The personal data transferred will enable Ayla to:
1. Perform diagnostics on the performance of the services with respect to Company’s end users;
2. Provide support to Company in connection with the license of the services; and
3. Fulfill its obligations to Company under the Agreement
Appendix 2 to the Standard Contractual Clauses
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):
Ayla has implemented and will implement and maintain appropriate technical, administrative, physical and organizational measures to adequately safeguard and protect the security and confidentiality of personal data against accidental, unauthorized or unlawful destruction, alteration, modification, processing, disclosure, loss, or access as set forth in Section 5 of the Data Protection Agreement (with EU Standard Contractual Clauses), which are hereby incorporated into this Appendix 2 by reference