GoodDay Data Processing Addendum (DPA)
LAST UPDATED: Jan 1, 2024
This Data Processing Addendum ("DPA") forms part of the GoodDay.work Terms of Service, or other agreement
governing the use of GoodDay.work’s services ("Agreement") entered by and between you, the Customer (as
defined in the Agreement) (collectively, "you", "Customer"), and Createch Group Inc. dba GoodDay.work
("company", "goodday", "us", "we", "our") to reflect the parties’ agreement with regard to the Processing of Personal
Data by company solely on behalf of the Customer. Both parties shall be referred to as the "Parties" and
each, a "Party".
Capitalized terms not defined herein shall have the meanings assigned to such terms in the Agreement.
By using the Service, Customer accepts this DPA and you represent and warrant that you have full authority
to bind the Customer to this DPA. If you cannot, or do not agree to, comply with and be bound by this DPA,
please do not provide Personal Data to us.
In the event of any conflict between certain provisions of this DPA and the provisions of the Agreement, the
provisions of this DPA shall prevail over the conflicting provisions of the Agreement solely with respect to the
Processing of Personal Data.
1. Definitions
“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.
“Authorized Affiliate”
means any of Customer’s Affiliate(s) which is explicitly permitted to use the Services pursuant to the Agreement between Customer and GoodDay but has not signed its own agreement with GoodDay and is not a “Customer” as defined under the Agreement.
“CCPA” means the California Consumer Privacy Act 2018, Cal. Civ. Code § 1798.100 et seq., as it is amended by the California
Privacy Rights Act of 2020 (“CPRA”), their implementing regulations, as further amended from time to time.
The terms, “Controller”, “Member State”, “Processor”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR. The terms “Business”, “Business Purpose”, “Consumer” and “Service Provider” shall have the same meaning as in the CCPA.
For the purpose of clarity, within this DPA “Controller” shall also mean “Business”, and “Processor” shall also mean “Service Provider”, to the extent that the CCPA applies. In the same manner, Processor’s Sub-processor shall also refer to the concept of Service Provider.
“Customer Data” means what is defined in the Agreement as “Customer Data”.
“User” means an individual who is authorized by Customer to use the GoodDay Services (whether defined User in the Agreement).
“Data Protection Laws” means all applicable and binding privacy and data protection laws and regulations, including those of the European Union, the European Economic Area and their Member States, Switzerland, the United Kingdom, Canada, Israel and the United States of America, including the GDPR, the UK GDPR, and the CCPA, applicable to, and in effect at the time of, the Processing of Personal Data hereunder.
“Data Subject” means the identified or identifiable person to whom the Personal Data relates.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“Personal Data” or “Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to or with an identified or identifiable natural person or Consumer, which is processed by GoodDay solely on behalf of Customer under this DPA and the Agreement.
“Services” means the GoodDay cloud-based services including our platforms, products, services, applications, application programming interface (“API”), tools, and any ancillary or supplementary GoodDay products and services (including Upgrades (as defined in the Agreement)), offered online and via mobile application (“Platform”), and any other services provided to Customer by GoodDay under the Agreement.
“Security Documentation” means the security documentation, as updated from time to time setting forth the technical and organizational measures adopted by GoodDay that are applicable to the Processing of Personal Data by GoodDay under the Agreement and this DPA accessible via www.GoodDay/trustcenter/datasecure, or as otherwise made reasonably available to Customer by GoodDay.
“Sensitive Data” means Personal Data that is protected under a special legislation and requires unique treatment, such as “special categories of data”, “sensitive data” or other materially similar terms under applicable Data Protection Laws, which may include any of the following: (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) financial or credit information, credit or debit card number; (c) information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning a person’s health, sex life or sexual orientation, or data relating to criminal convictions and offences; (d) Personal Data relating to children; and/or (e) account passwords in unhashed form.
“Standard Contractual Clauses”
means (a) in respect of transfers of Personal Data subject to the GDPR, the Standard Contractual Clauses
between controllers and processors (
https://www.goodday.work/legal/scc-controller-processors
)
and between processors and processors (
https://www.goodday.work/legal/scc-processor-processor
) as approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021, including all Annexes I, II and V thereto, (”EU SCCs”); (b) in respect of transfers of Personal Data subject to the UK GDPR, the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses of 21 March 2022 (version B.1.0) (“IDTA”), as incorporated into the EU SCCs through Annex III thereto (“UK Addendum”); and (c) in respect of transfers subject to the Federal Act on Data Protection (as revised as of 25 September 2020), the terms set forth in Annex IV of the EU SCCs (“Switzerland Addendum”).
“Sub-processor” means any third party that carries out specific Processing activities of Personal Data under the instruction of GoodDay.
“UK GDPR” means the Data Protection Act 2018, as well as the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (SI 2019/419).
2. Processing of personal data
2.1. Roles of the Parties. The Parties acknowledge and agree that with regard to the Processing of Personal Data solely by GoodDay on behalf of Customer: (a) Customer is the Controller of Personal Data, and (b) GoodDay is the Processor of such Personal Data. The terms “Controller” and “Processor” below signify Customer and GoodDay, respectively.
2.2. Customer’s Obligations. Customer, in its use of the Services, and Customer’s instructions to the Processor, shall comply with Data Protection Laws, the Agreement and this DPA. Customer shall establish and have any and all required legal bases in order to collect, Process and transfer to Processor the Personal Data, and to authorize the Processing activities conducted by Processor on Customer’s behalf in accordance with the Agreement and this DPA, including the pursuit of a Business Purpose.
2.3. Processor’s Processing of Personal Data. Processor shall Process Personal Data for the following purposes: (a) in accordance with the Agreement and this DPA; (b) in connection with its provision of the Services; (c) to comply with Customer’s reasonable and documented instructions, where such instructions are consistent with the terms of the Agreement and this DPA, and regard the manner in which the Processing shall be performed; (d) to share Personal Data with, or receive Personal Data from, third parties in accordance with Customer’s instructions and/or pursuant to Customer’s use of the Services (e.g. integrations between Services and any services provided by third parties as configured by or on behalf of Customer); (e) rendering Personal Data to be Anonymous Information (as defined in the Agreement); and (f) as required under the laws applicable to Processor, and/or as required by a court of competent jurisdiction or other competent governmental or semi-governmental authority, provided that Processor shall inform Customer of the legal requirement before Processing, unless such law or order prohibits disclosing such information.
Processor shall inform Customer without undue delay if, in Processor’s reasonable opinion, an instruction for the Processing of Personal Data given by Customer infringes applicable Data Protection Laws, unless Processor is prohibited from notifying Customer under applicable Data Protection Laws. It is hereby clarified that Processor has no obligation to assess whether instructions by Customer infringe any Data Protection Laws.
2.4. Details of Processing. The subject-matter of Processing of Personal Data by Processor is the performance of the Services pursuant to the Agreement and this DPA. The details relating to the duration, nature and purpose, types of Personal Data and categories of Data Subjects Processed under this DPA are further specified
in Schedule 1 (Details of Processing) to this DPA.
2.5. Sensitive Data. The Parties agree that the Services are not intended for the Processing of Sensitive Data, and that if Customer wishes to use the Services to Process Sensitive Data, it must first obtain the GoodDay’s explicit prior written consent and enter into any additional agreements as may be required by GoodDay.
2.6. CCPA Standard of Care; No Sale or Sharing of Personal Information. Processor acknowledges and confirms that it does not receive or process any Personal Information as consideration for any services or other items that Processor provides to Customer under the Agreement or this DPA. Processor certifies that it understands the rules, requirements and definitions of the CCPA and agrees to refrain from selling or sharing (as such terms are defined in the CCPA) any Personal Information Processed hereunder, without Customer’s prior written consent or instruction, nor take any action that would cause any transfer of Personal Information to or from Processor under the Agreement or this DPA to qualify as “selling” and/or “sharing” such Personal Information under the CCPA. Processor acknowledges that Customer discloses Personal Information to Processor only for limited and specified purposes set out in this DPA and the Agreement. Processor shall process all Personal Information only (a) for such limited and specific purpose(s), and (b) in compliance with applicable sections of the CCPA. Processor shall not (i) retain, use, or disclose Personal Information outside the direct business relationship of the Parties, as described in the Agreement, or for any business or commercial purpose other than for the specific business purpose of performing the Services or as otherwise permitted by the CCPA, the Agreement and/or this DPA; nor (ii) combine – by way of logical separation – personal information that Processor processes on behalf of other parties with Personal Information of Customer, unless expressly permitted under the CCPA, its implementing regulations, the Agreement and/or this DPA between the Parties. Processor further acknowledges that Customer has the right, upon notice, to take reasonable and appropriate steps designed to stop and remediate any unauthorized use of Personal Information by Processor. Processor shall notify Customer if Processor makes a determination that it can no longer meet its obligations under the CCPA.
3. Data Subject Requests
If Processor receives a request from a Data Subject or Consumer to exercise their rights (to the extent available to them under applicable Data Protection Laws), including of access, rectification, restriction of Processing, erasure, data portability, objection to the Processing, not to be subject to automated individual decision making, to opt-out of the sale of Personal Information, or not to be discriminated against (“Data Subject Request”), Processor shall notify Customer or refer Data Subject or Consumer to Customer. Taking into account the nature of the Processing, Processor shall assist Customer, insofar as this is possible and reasonable, to enable Customer to respond to a Data Subject Request. Processor may refer Data Subjects or Consumers to the Customer’s Admin – for the treatment of such request or advise them on using the self-exercising features available within the Platform.
4. GoodDay Personnel
4.1. Confidentiality.
GoodDay shall ensure that its personnel engaged in the Processing of Personal Data are informed of the
confidential nature of the Personal Data, have received appropriate training on their responsibilities and have executed
written confidentiality agreements. GoodDay shall ensure that such confidentiality obligations survive the termination of the
personnel engagement. GoodDay shall treat Personal Data as Confidential Information.
4.2. Reliability.
GoodDay shall take commercially reasonable steps to ensure the reliability of any GoodDay personnel engaged in the
Processing of Personal Data.
4.3. Limitation of Access.
GoodDay shall ensure that GoodDay’s access to Personal Data is limited to those personnel performing
GoodDay Services in accordance with the Agreement.
4.4. Data Protection Officer.
GoodDay has appointed a data protection officer for GoodDay and its Affiliates. The appointed person
may be reached at privacy@goodday.work.
5. Sub-Processors
5.1. Appointment of Sub-processors.
Customer acknowledges and agrees that (a) Processor’s Affiliates may be engaged as Sub-processors; and (b) Processor and Processor’s Affiliates may each engage third party Sub-processors in connection with the provision of the Services.
5.2. List of Current Sub-processors and Notification of New Sub-processors. Attached hereto as Schedule 3 is a current list
of Sub-processors for the GoodDay Services. Such Sub-processor list shall include the identities of those Sub-processors, their
country of location as well as a description of the processing they perform. GoodDay will notify Customer of a new Subprocessor(s) at least thirty (30) calendar days before authorizing any new Sub-processor(s) to Process Personal Data in
connection with the provision of the applicable GoodDay Services. The notification shall include an updated Sub-processor
list which is the information necessary to enable the Customer to exercise its right to object.
5.3. Objection Right for New Sub-processors. Customer may object to GoodDay’s use of a new Sub-processor by notifying
GoodDay promptly in writing within ten (10) calendar days after receipt of GoodDay’s notice in accordance with Section 5.2. In
the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, GoodDay will use reasonable
efforts to make available to Customer a change in the GoodDay Services or recommend a commercially reasonable change to
Customer’s configuration or use of the GoodDay Services to avoid Processing of Personal Data by the objected-to new Subprocessor without unreasonably burdening Customer. If GoodDay is unable to make available such change within a reasonable
period of time, which shall not exceed thirty (30) days, Customer may terminate the applicable Order Form(s) with respect
only to those GoodDay Services which cannot be provided by GoodDay without the use of the objected-to new Sub-processor, by
providing written notice to GoodDay. GoodDay will refund to Customer any prepaid fees covering the remainder of the term of
such Order Form(s) following the effective date of termination with respect to such terminated GoodDay Services, without
imposing a penalty for such termination on Customer
5.4. Liability for Sub-processors. GoodDay shall be liable for the acts and omissions of its Sub-processors to the same extent
GoodDay would be liable if performing the services of each Sub-processor directly under the terms of this DPA.
6. Security & Audits
6.1. Controls for the Protection of Personal Data. Processor shall maintain appropriate industry-standard technical and organizational measures for protection of Personal Data Processed hereunder (including measures 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). Upon Customer’s reasonable request, Processor will reasonably assist Customer, at Customer’s cost and subject to the provisions of Section 11.1 below, in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and the information available to Processor.
6.2. Audits and Inspections. Upon Customer’s 14 days prior written request at reasonable intervals (but no more than once every 12 months), and subject to strict confidentiality undertakings by Customer, Processor shall make available to Customer that is not a competitor of Processor (or Customer’s independent, reputable, third-party auditor that is not a competitor of Processor and not in conflict with Processor, subject to their confidentiality and non-compete undertakings) information necessary to demonstrate compliance with this DPA, and allow for and contribute to audits, including inspections, conducted by them. Processor may satisfy its obligations under this section by answering Customer’s questionnaire-based audits and/or by providing Customer with attestations, certifications and summaries of audit reports conducted by accredited third party auditors solely related to Processor’s compliance with this DPA. Any information relating to audits, inspections and the results therefrom, including the documents reflecting the outcome thereof, shall only be used by Customer to assess Processor’s compliance with this DPA, and shall not be used for any other purpose or disclosed to any third party without Processor’s prior written approval. Upon Processor’s first request, Customer shall transfer to Processor all records or documentation that was provided by Processor or collected and/or generated by Customer (or each of its mandated auditors) in the context of the audit and/or the inspection.
6.3. In the event of an audit or inspections as set forth above, Customer shall ensure that it (and each of its mandated auditors) will not cause (or, if it cannot avoid, minimize) any damage, injury or disruption to Processor’s operations, premises, equipment, personnel and business, as applicable, while conducting such audit or inspection.
6.4. The audit rights set forth in 6.2 above, shall only apply to the extent that the Agreement does not otherwise provide Customer with audit rights that meet the relevant requirements of Data Protection Laws (including, where applicable, article 28(3)(h) of the GDPR or the UK GDPR). If and to the extent that the Standard Contractual Clauses apply, nothing in this Section 6 varies or modifies the Standard Contractual Clauses nor affects any Supervisory Authority’s or Data Subject’s rights under the Standard Contractual Clauses.
7. Data incident mananagement and notification
7.1. Processor maintains internal security incident management policies and procedures and, to the extent required under applicable Data Protection Laws, shall notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data Processed by Processor on behalf of the Customer (“Data Incident”). Processor shall make reasonable efforts to identify and take those steps as Processor deems necessary and reasonable designed to remediate and/or mitigate the cause of such Data Incident to the extent the remediation and/or mitigation is within Processor’s reasonable control. The obligations herein shall not apply to Data Incidents that are caused by Customer, its Users or anyone who uses the Services on Customer’s behalf.
7.2. Customer will not make, disclose, release or publish any finding, admission of liability, communication, notice, press release or report concerning any Data Incident which directly or indirectly identifies Processor (including in any legal proceeding or in any notification to regulatory or supervisory authorities or affected individuals) without Processor’s prior written approval, unless, and solely to the extent that, Customer is compelled to do so pursuant to applicable Data Protection Laws. In the latter case, unless prohibited by such laws, Customer shall provide Processor with reasonable prior written notice to provide Processor with the opportunity to object to such disclosure and in any case Customer will limit the disclosure to the minimum scope required by such laws.
8. Return and deletion of personal data
Following termination of the Agreement and cessation of the Services, at the choice of Customer
(indicated through the Platform or in written notification to Processor),
Processor upon notice by Customer, shall delete or return to Customer all the Personal Data it Processes
on behalf of the Customer in the manner described in the Agreement,
unless laws applicable to Processor requires or permits otherwise.
9. Cross-border data transfers
9.1. Transfers from the EEA, Switzerland and the United Kingdom to countries that offer an adequate level of data protection.
Personal Data may be transferred from EU Member States and Norway, Iceland and Liechtenstein (collectively, “EEA”), Switzerland and the United Kingdom (“UK”) to countries that offer an adequate level of data protection under or pursuant to the adequacy decisions published by the relevant authorities of the EEA, Switzerland, and/or the UK as relevant, including similarly approved mechanisms and frameworks (“Adequacy Decisions”), as applicable, without any further safeguard being necessary. For the avoidance of doubt, “Adequacy Decisions” include the European Commission’s adequacy decision of 10 July 2023, establishing the EU-US Data Privacy Framework.
9.2. Direct Transfers from the EEA, Switzerland and the United Kingdom to other countries.
If the Processing of Personal Data by Processor includes a direct transfer from Customer to GoodDay:
(i) from the EEA to other countries which have not been subject to a relevant Adequacy Decision, and such transfers are not performed through an alternative compliance mechanism recognized by Data Protection Laws (as may be adopted by Processor in its own discretion) (“EEA Transfer”), the terms set forth in the EU SCCs shall apply;
(ii) from the UK to other countries which have not been subject to a relevant Adequacy Decision, and such transfers are not performed through an alternative compliance mechanism recognized by Data Protection Laws (as may be adopted by Processor in its own discretion) (“UK Transfer”), the terms set forth in the UK Addendum shall apply;
(iii) from Switzerland to other countries which have not been subject to a relevant Adequacy Decision, and such transfers are not performed through an alternative compliance mechanism recognized by Data Protection Laws (as may be adopted by Processor in its own discretion) (“Switzerland Transfer”), the terms set forth in the Switzerland Addendum shall apply;
(iv) the terms set forth in Annex V of the EU SCCs (Additional Safeguards) shall apply to any EEA Transfer, UK Transfer and Switzerland Transfer, where the Standard Contractual Clauses apply.
9.3. Onward Transfers from the EEA, Switzerland and the United Kingdom to other countries. Where Processor onward transfers Personal Data from countries in the EEA, UK and Switzerland to authorized Sub-processors, including Processor Affiliates, in countries which are not subject to an Adequacy Decision (respectively, the Standard Contractual Clauses (Module 3) set out in the Annex of Commission Implementing Decision (EU) 2021/914 of 4 June 2021, and any applicable annexes thereto (“SCCs”)), the IDTA and/or the SCCs, as adjusted pursuant to the Swiss Federal Data Protection and Information Commissioner’s guidance of 27 August 2021 as between Processor and its respective Sub-processors and Subsidiaries, shall apply.
9.4. Transfers from other countries: If the Processing of Personal Data by Processor includes a transfer of Personal Data by and/or mandated by Customer to Processor from any other jurisdiction which mandates a particular compliance mechanism for the lawful transfer of such data be established, Customer shall notify Processor of such applicable requirements, and the Parties may seek to make any necessary amendments to this DPA in accordance with provisions of Section 11.2 below.
10. Authorized affiliates
10.1. Contractual Relationship. The Parties acknowledge and agree that, by executing this DPA, Customer enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates, in which case each Authorized Affiliate agrees to be bound by the Customer’s obligations under this DPA, if and to the extent that Processor Processes Personal Data on the behalf of such Authorized Affiliates, thus qualifying them as the “Controller” with respect to the Personal Data Processed on their behalf. All access to and use of the Services by Authorized Affiliates must comply with the terms and conditions of the Agreement and this DPA and any violation of the terms and conditions therein by an Authorized Affiliate shall be deemed a violation by Customer.
10.2. Communication. Customer shall remain responsible for coordinating all communication with Processor under the Agreement and this DPA and shall be entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Affiliates.
11. Other provisions
11.1. Data Protection Impact Assessment and Prior Consultation.
Upon Customer’s reasonable request, Processor shall provide Customer, at Customer’s cost, with reasonable cooperation and assistance needed to fulfil Customer’s obligation under the GDPR or the UK GDPR (as applicable) to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to Processor. Processor shall provide, at Customer’s cost, reasonable assistance to Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to this Section 11.1, to the extent required under the GDPR or the UK GDPR, as applicable.
11.2. Modifications. Each Party may by at least forty-five (45) calendar days prior written notice to the other Party, request in writing any variations to this DPA if they are required as a result of any change in applicable Data Protection Laws to allow Processing of Customer Personal Data to be made (or continue to be made) without breach of such Data Protection Laws. Pursuant to such notice the Parties shall use commercially reasonable efforts to accommodate such required modification, and negotiate in good faith with a view to agreeing and implementing those or alternative variations designed to address the requirements under applicable Data Protection Law as identified in Customer’s or Processor’s notice as soon as is reasonably practicable. In addition, Processor may amend this DPA from time to time without notice, provided that such changes are not adverse in any material aspect with respect to the Customer’s rights or Processor’s obligations (i.e. error and typos fixing, making technical adjustments or for any other reasons as Processor deems necessary). For clarity, if Processor makes any material adverse change to Customer’s rights or Processor’s obligations, Processor will notify Customer by posting an announcement on the site, via the Platform and/or by sending an email.
Schedule 1 - Details of the processing
Nature and Purpose of Processing
- Providing the Services to Customer;
- Performing the Agreement, this DPA and/or other contracts executed by and between the Parties;
- Acting upon Customer’s instructions, where such instructions are consistent with the terms of the Agreement;
- Sharing Personal Data with third parties in accordance with Customer’s instructions and/or pursuant to Customer’s use of the Services (e.g., integrations between the Services and any services provided by third parties, as configured by or on behalf of Customer to facilitate the sharing of Personal Data between the Services and such third party services);
- Rendering Personal Data to be Anonymous Information;
- Complying with applicable laws and regulations;
- All tasks related to any of the above.
Duration of Processing
Subject to any section of the DPA and/or the Agreement dealing with the duration of the Processing and the consequences of the expiration or termination thereof, Processor will Process Personal Data for the duration of the Agreement and provision of the Services thereunder, unless otherwise agreed upon in writing.
Type of Personal Data
Customer may submit Personal Data to the Services, the type and extent of which is determined and controlled by Customer in its sole discretion.
Categories of Data Subjects
The Categories of Data Subjects relating to the Personal Data that will be processed by Processor are dependent on the Customer, and may include, but are not limited to, any of the following categories:
- Employees, agents, advisors, freelancers of Customer (who are natural persons)
- Prospects, customers, business partners and vendors of Customer (who are natural persons)
- Employees or contact persons of Customer’s prospects, customers, business partners and vendors
- Any other third party individual whose Personal Data is Processed by the Services.
Schedule 2 - Technical and Organisational Security Measures
The technical and organisational measures defined herein are implemented on the basis of the international standard ISO 27001 and ISO 9001. GoodDay shall maintain controls materially as protective as those provided in the ISO 27001 and ISO 9001 or other substantially similar or equivalent certification requirements.
Processor utilises third party data centres that maintain current ISO 27001 certifications and/or SSAE 16 SOC 1 Type II or SOC 2 Attestation Reports. GoodDay will not utilise third party data centres that do not maintain the aforementioned certifications and/or attestations, or other substantially similar or equivalent certifications and/or attestations.
The following descriptions provide an overview of the technical and organisational security measures implemented.
It should be noted however that, in some circumstances, in order to protect the integrity of the security measures and in the context of data security,
detailed descriptions may not be available, however additional information regarding technical
and organisational measures may be found in GoodDay Security Statement.
1. Entrance Control
Technical or organisational measures regarding access control, especially regarding legitimation of authorised persons:
The aim of the entrance control is to prevent unauthorised people from physically accessing such data processing equipment which processes or uses Personal Data.
Due to their respective security requirements, business premises and facilities are subdivided into different security zones with different access authorisations. They are monitored by security personnel. Access for employees is only possible with an encoded ID with a photo on it. All other persons have access only after having registered before (e.g. at the main entrance).
Access to special security areas for remote maintenance is additionally protected by a separate access area. The constructional and substantive security standards comply with the security requirements for data centres.
2. System Access Control
Technical and organisational measures regarding the user ID and authentication:
The aim of the system access control is to prevent unauthorised use of data processing systems, are used for the processing of Customer Data.
Remote access to the data processing systems is only possible through a secure protocol. All access attempts, successful and unsuccessful are logged and monitored.
Additional technical protections are in place using firewalls and proxy servers and state of the art encryption technology that is applied where appropriate to meet the protective purpose based on risk.
3. Data Access Control
Technical and organisational measures regarding the on-demand structure of the authorisation concept, data access rights and monitoring and recording of the same:
Measures regarding data access control are targeted on the basis that only such data can be accessed for which an access authorisation exists and that data cannot be read, copied, changed or deleted in an unauthorised manner during the processing and after the saving of such data.
Access to data necessary for the performance of the particular task is ensured within the systems and applications by a corresponding role and authorisation concept. In accordance to the “least privilege” and "need-to-know" principles, each role has only those rights which are necessary for the fulfilment of the task to be performed by the individual person.
To maintain data access control, state of the art encryption technology is applied to the Personal Data itself where deemed appropriate to protect sensitive data based on risk.
4. Transmission Control
Technical and organisational measures regarding the transport, transfer, transmission, storage and subsequent review of Personal Data on data media (manually or electronically).
Transmission control is implemented so that Personal Data cannot be read, copied, changed or deleted without authorisation, during transfer or while stored on data media, and so that it can be monitored and determined as to which recipients a transfer of Personal Data is intended.
The measures necessary to ensure data security during transport, transfer and transmission of Personal Data as well as any other company or Customer Data are detailed in the Security Practices. This standard includes a description of the protection required during the processing of data, from the creation of such data to deletion, including the protection of such data in accordance with the data classification level.
For the purpose of transfer control, an encryption technology is used (e.g. remote access to the company network via two factor VPN tunnel and full disk encryption). The suitability of an encryption technology is measured against the protective purpose.
The transfer of Personal Data to a third party (e.g. customers, sub-contractors, service providers) is only made if a corresponding contract exists, and only for the specific purposes. If Personal Data is transferred to companies located outside the EEA, GoodDay provides that an adequate level of data protection exists at the target location or organisation in accordance with the European Union's data protection requirements, e.g. by employing contracts based on the Standard Contractual Clauses.
5. Data Entry Control
Technical and organisational measures regarding recording and monitoring of the circumstances of data entry to enable retroactive review.
System inputs are recorded in the form of log files therefore it is possible to review retroactively whether and by whom Personal Data was entered, altered or deleted.
6. Data Processing Control
Technical and organisational measures to differentiate between the competences of principal and contractor:
The aim of the data processing control is to provide that Personal Data is processed by a commissioned data processor in accordance with the Instructions of the principal.
Details regarding data processing control are set forth in the Agreement and DPA.
7. Availability Control
Technical and organisational measures regarding data backup (physical/logical):
Data is stored in a fault-tolerant, Amazon (AWS) data centre, with no single point of failure.
8. Separation Control
Technical and organisational measures regarding purposes of collection and separated processing:
Personal Data used for internal purposes only e.g. as part of the respective customer relationship, may be transferred to a third party such as a subcontractor, solely under consideration of contractual arrangements and appropriate data protection regulatory requirements.
Employees are instructed to collect, process and use Personal Data only within the framework and for the purposes of their duties (e.g. service provision). At a technical level, multi-client capability includes separation of functions as well as appropriate separation of testing and production systems.
Customer Data is stored in a way that logically separates it from other customer data.
Schedule 3 - Infrastructure Sub-processors
GoodDay may use the following Sub-processors to host Customer Data or provide other infrastructure that helps with the delivery of our Services:
Other Sub-processors
GoodDay may use the following Sub-processors to perform other Service functions:
