“Data Controller” or “Controller” or “Data Exporter” means the Customer entity who is using the Services of Zivot Labs.Inc,. either FREE or underpaid subscription model;,
Zivot labs.inc (Orbitrics), 355 Bryant Street, Suite 4013, San Francisco, California 94107, USA
Contact: [email protected]
(together with the Controller(s) the "Parties")
Capitalized terms used but not defined in this Agreement shall have the same meaning as set forth in Article 4 of the GDPR.
“Data” or “Personal Data” means personal data, as defined in Article 4 of the GDPR, in the computing environment(s) of the Customer, to which Zivot Labs.Inc (Orbitrics) is provided access in order to provide Services under the Services Agreement.
“Data Controller” or “Controller” or “Data Exporter” means the Customer entity who is using the Services of Zivot Labs.Inc,. either FREE or underpaid subscription model;
“Data Processor” or “Processor” or “Data Importer” means Zivot Labs.Inc,.
“Data Protection Officer” means the designated representative of the Parties who will be the point of contact for any Data Privacy/Security related issues/queries;
“GDPR” means the General Data Protection Regulation 2016/679 of the European Parliament and of the Council 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.
“Instruction” means the written, documented instruction, issued by the Controller to the Processor, requesting Processor to perform a specific action on the Personal Data (including, but not limited to, updating, blocking, deleting, depersonalizing, transferring);
“Personal Data Breach” means a security incident, leading to the accidental or unlawful destruction, loss, alteration, unauthorized divulgence, or access to, Personal Data transmitted, stored or otherwise processed;
“Services” means the services agreed to be provided by Data Processor to the Data Controller under the Services Agreement, in relation to the proprietary online survey application viz.
‘Zivot Labs.Inc (Orbitrics)’ owned by the Data Processor, including hosting of such application on cloud server, providing access to authorized users of the Customer, troubleshooting related services, consultancy services on request;
“Standard Contractual Clauses” means the clauses elucidated in Exhibit 1 in tandem with the European Commission’s decision dated 4th June 2021 on Standard Contractual Clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council.
“Sub-processor” or “Sub-data Processor” means the service providers who interact with the Controller’s Data (in part or full) so as to offer the Services promised by the Data Processor as per the Services Agreement.
Only as long as necessary for the Processing Purpose & the agreement between the data controller and data processor.
Data Subjects: Include the Data Controller’s employees, contractors, customers, prospects, suppliers and subcontractors.
Personal Data: This includes contact information, the extent of which is determined and controlled by the Customer in its sole discretion, and other Personal Data such as navigational data (including website usage information), email data, system usage data, application integration data, and other electronic data submitted, stored, sent, or received by end users via the Services.
Nature of the Processing: The subject-matter of Processing of Personal Data by Data Processor is the provision of the Services to the Data Controller that involves the Processing of Personal Data, as specified in the Services Agreement.
Purpose of the Processing: Personal Data will be processed for purposes of providing the Services set out in the Services Agreement.
Duration of the Processing: Personal Data will be processed for the duration of the Agreement
At the business address of the data processor and its approved sub-processors as indicated in this Data Processing Agreement
Sub-processors are listed in the annex to this Agreement.
Only allowed to countries where the data processor or an approved sub-processor is registered
All terms defined in Section A shall serve as defined terms throughout this DPA.
(a) The purpose of this Data Processing Agreement (the "DPA") is to ensure compliance with Article 28(3) and (4) of the EU General Data Protection Regulation ("GDPR") and the Swiss Federal Act on Data Protection ("FADP"), with respect to each law only if and to the extent applicable to the respective processing activity.
(b) This DPA applies with respect to the processing of personal data as specified in Section A.
(a) Where this DPA uses the terms defined in the GDPR or the FADP, as applicable, those terms shall have the same meaning as in that law.
(b) This DPA shall be read and interpreted in the light of the provisions of the GDPR and the FADP, as applicable.
(c)These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in the GDPR or the FADP, as applicable, or prejudices the fundamental rights or freedoms of the data subjects.
1. In the event of a conflict between this DPA and the provisions of any other agreement between the Parties existing at the time when this DPA are agreed or entered into thereafter, this DPA shall prevail, except where explicitly agreed otherwise in text form.
2. The details of the processing operations, and in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the data controller, are specified in Section A.
(a) The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union, Member State or Swiss law to which the processor is subject. Such instructions are specified in Section A. Subsequent instructions may also be given by the data controller throughout the duration of the processing of personal data. Such instructions shall always be documented.
(b) The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, infringe applicable Union, Member State or Swiss data protection provisions.
(a) The data processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Section A.
(a) Processing by the data processor shall only take place for the duration specified in Section A.
(b) Upon termination of the provision of personal data processing services or termination pursuant to Clause 8, the data processor shall return all the personal data to the data controller and delete existing copies unless Union, Member State or Swiss law requires storage of the personal data.
(a) The data processor shall implement the technical and organizational measures specified in Section C to ensure the security of the personal data, including protection against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to that data (personal data breach). In assessing the appropriate level of security, they shall in particular take due account of the risks involved in the processing, the nature of the personal data and the nature, scope, context and purposes of processing.
(b) In the event of a personal data breach concerning data processed by the data processor, it shall notify the data controller without undue delay and at the latest within 48 hours after having become aware of the breach. Such notification shall contain the details of a contact point where more information concerning the personal data breach can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and data records concerned), its likely consequences and the measures taken or proposed to be taken to mitigate its possible adverse effects. Where, and insofar 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 be provided as it becomes available without undue delay.
(c) The data processor shall cooperate in good faith with and assist the data controller in any way necessary to enable the data controller to notify, where relevant, the competent data protection authority and the affected data subjects, taking into account the nature of processing and the information available to the data processor.
(d) The data processor shall grant access to the data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. The data processor shall ensure that persons authorized to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(e) If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic 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 (special categories of data), the data processor shall apply specific restrictions and/or additional safeguards as reasonably required by the data controller from time to time.
(a) The Parties shall be able to demonstrate compliance with this DPA.
(b) The data processor shall deal promptly and properly with all reasonable inquiries from the data controller that relate to the processing under this DPA.
(c) The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations set out in this DPA and that are stemming directly from the GDPR or the FADP and at the data controller’s request, allow for and contribute to reviews of data files and documentation or of audits of the processing activities covered by these Clauses, in particular if there are indications of non-compliance.
(d) The data controller may choose to conduct the audit by itself, to mandate, at its own cost, an independent auditor or to rely on an independent audit mandated by the data processor. Where the data processor mandates an audit, it has to bear the costs of the independent auditor. The data controller's audit, access, and inspection rights under this Clause are limited to the data processor's records only (including inter-alia the registers of personal data processing activities, the registers of recipients of personal data) and does not apply to Processor’s physical premises. Any audit and request for information shall be limited to information necessary for the purposes of this DAP and shall give due regard to the data processor's confidentiality obligations and legitimate interest to protect business secrets.
(e) The data processor and data controller shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority on request if and to the extent required by the GDPR or the FADP, as applicable.
(a) The data processor has the data controller’s general authorization for the engagement of sub-processors. The list of sub-processors the data processor can be found in Section A. The data processor shall inform in text form the data controller of any intended changes of that list through the addition or replacement of sub-processors at least 15 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Such objection shall not be unreasonable raised. The Parties shall keep the list up to date.
(b) Where the data processor engages a sub-processor for carrying out specific processing activities (on behalf of the data controller), it shall do so by way of a contract which imposes on the sub-processor the same obligations as the ones imposed on the data processor under this DPA. The data processor shall ensure that the sub-processor complies with the obligations to which the data processor is subject pursuant to this DPA, the GDPR and the FADP.
(c) The data processor shall provide, at the data controller’s request, a copy of such a sub-processor agreement and subsequent amendments to the data controller.
(d) The data processor shall remain fully responsible to the data controller for the performance of the sub-processor’s obligations under its contract with the data processor. The data processor shall notify the data controller of any failure by the sub-processor to fulfill its obligations under that contract.
(a) Any transfer of data to a "Third Country" (any country outside of the EU/EEA and Switzerland) or an international organization by the data processor shall be undertaken only if authorized in accordance with Section A and shall take place in compliance with Chapter V of the GDPR and Section 2 of the FADP, as applicable.
(b) The data controller agrees that where the data processor engages a sub-processor in accordance with Clause 5.6 for carrying out specific processing activities (on behalf of the data controller) in a Third Country and those processing activities involve transfer of personal data within the meaning of the GDPR or the FADP, as applicable, the processor and the sub-processor may use standard contractual clauses adopted by the Commission on the basis of Article 46(2) of the GDPR in order to comply with the requirements of Chapter V of the GDPR, provided the conditions for the use of those clauses are met.
(a) The data processor shall promptly notify the data controller about any request received directly from the data subject. It shall not respond to that request itself, unless and until it has been authorized to do so by the data controller.
(b) The data processor shall assist the data controller in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights, namely:
(1) the right to be informed when personal data are collected from the data subject,
(2) the right to be informed when personal data have not been obtained from the data subject,
(3) the right of access by the data subject,
(4) the right to rectification,
(5) the right to erasure (‘the right to be forgotten’),
(6) the right to restriction of processing,
(7) the notification obligation rectification or erasure of personal data or restriction of processing,
(8) the right to data portability,
(9) the right to object,
(10) the right not to be subject to a decision based solely on automated processing, including profiling.
(c) In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6(b), the data processor shall furthermore assist the data controller in ensuring compliance with the following obligations, taking into account the nature of the processing and the information available to the data processor:
(1) The obligation to notify a personal data breach to the competent supervisory authority without undue delay after having become aware of it, (unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
(2) the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
(3) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
(4) the obligation to consult the competent supervisory authority prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
(d) The Parties shall set out in Section C the appropriate technical and organizational measures by which the data processor is required to assist the data controller in the application of this Clause as well as the scope and the extent of the assistance required.
(a) In the event of a personal data breach, the data processor shall cooperate in good faith with and assist the data controller in any way necessary for the data controller to comply with its obligations under Articles 33 and 34 of the GDPR and Article 22 of the FADP, as applicable, taking into account the nature of processing and the information available to the processor.
(b) The data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, where relevant. The data processor shall be required to assist in obtaining in particular the following information which, pursuant to Article 33(3) of the GDPR or Article 22(2) of the FADP, as applicable, shall be stated in the data controller’s notification:
(1) The nature of the personal data including where possible, the categories and approximate number of data subjects concerned, and the categories and approximate number of personal data records concerned;
(2) the likely consequences of the personal data breach;
(3) the measures taken or proposed to be taken by the data controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
(a) Without prejudice to any provisions of the GDPR or the FADP, as applicable, in the event that the data processor is in breach of its obligations under this DPA, the data controller may instruct the data processor to temporarily suspend the processing of personal data until the latter complies with this DPA or the contract is terminated. The data processor shall promptly inform the data controller in case it is unable to comply with this DPA, for whatever reason.
(b) The data controller shall be entitled to terminate this DPA where:
(1) the processing of personal data by the data processor has been temporarily suspended by the data controller pursuant to point (a), data processor's breach is material, and compliance with this DPA is not restored within a reasonable time and in any event within one month;
(2) the data processor is in substantial or persistent breach of this DPA or its obligations under the GDPR or the FADP, as applicable, and such breach cannot be reasonably expected to be remedied;
(3) the data processor fails to comply with a binding decision of a competent court or the competent supervisory authority regarding its obligations under this DPA or under the GDPR or the FADP, as applicable.
Description of the technical and organizational security measures implemented by the data processor(s):
(a) Security policy and procedures: The data processor has a documented security policy with regard to the processing of personal data.
(b) Roles and responsibilities：
(1) Roles and responsibilities related to the processing of personal data are clearly defined and allocated in accordance with the security policy.
(2) During internal re-organizations or terminations and change of employment, revocation of rights and responsibilities with respective hand-over procedures is clearly defined.
(c) Access Control Policy: Specific access control rights are allocated to each role involved in the processing of personal data, following the need-to-know principle.
(d) Resource/asset management: The data processor has a register of the IT resources used for the processing of personal data (hardware, software, and network). A specific person is assigned the task of maintaining and updating the register.
(e) Change management: The data processor makes sure that all changes to the IT system are registered and monitored by a specific person. Regular monitoring of this process takes place.
(a) Incidents handling / Personal data breaches:
(1) An incident response plan with detailed procedures is defined to ensure effective and orderly response to incidents pertaining personal data.
(2) The data processor will report without undue delay to the controller any security incident that has resulted in a loss, misuse or unauthorized acquisition of any personal data.
(b) Business continuity: The data processor has established the main procedures and controls to be followed in order to ensure the required level of continuity and availability of the IT system processing personal data (in the event of an incident/personal data breach).
(a) Confidentiality of personnel: The data processor ensures that all employees understand their responsibilities and obligations related to the processing of personal data. Roles and responsibilities are clearly communicated during the pre-employment and/or induction process.
(b) Training: The data processor ensures that all employees are adequately informed about the security controls of the IT system that relate to their everyday work. Employees involved in the processing of personal data are also properly informed about relevant data protection requirements and legal obligations through regular awareness campaigns.
(a) An access control system applicable to all users accessing the IT system is implemented. The system allows creating, approving, reviewing, and deleting user accounts.
(b) The use of common user accounts is avoided. In cases where this is necessary, it is ensured that all users of the common account have the same roles and responsibilities.
(c) When granting access or assigning user roles, the “need-to-know principle” shall be observed in order to limit the number of users having access to personal data only to those who require it for achieving the Processor’s processing purposes.
(d) Where authentication mechanisms are based on passwords, the data processor requires the password to be at least eight characters long and conform to very strong password control parameters including length, character complexity, and non-repeatability.
(e) The authentication credentials (such as user ID and password) shall never be transmitted unprotected over the network.
(a) Log files are activated for each system/application used for the processing of personal data. They include all types of access to data (view, modification, deletion).
(a) Server/Database security
(1) Database and applications servers are configured to run using a separate account, with minimum OS privileges to function correctly.
(2) Database and applications servers only process the personal data that are actually needed to process in order to achieve its processing purposes.
(b) Workstation security:
(1) Users are not able to deactivate or bypass security settings.
(2) Anti-virus applications and detection signatures is configured on a regular basis.
(3) Users don't have privileges to install or deactivate unauthorized software applications.
(4) The system has session time-outs when the user has not been active for a certain time period.
(5) Critical security updates released by the operating system developer is installed regularly.
(a) Whenever access is performed through the Internet, communication is encrypted through cryptographic protocols.
(b) Traffic to and from the IT system is monitored and controlled through firewalls and intrusion detection systems.
(a) Backup and data restore procedures are defined, documented, and clearly linked to roles and responsibilities.
(b) Backups are given an appropriate level of physical and environmental protection consistent with the standards applied on the originating data.
(c) Execution of backups is monitored to ensure completeness.
(a) Mobile and portable device management procedures are defined and documented establishing clear rules for their proper use.
(b) Mobile devices that are allowed to access the information system are pre-registered and pre-authorized.
(a) During the development lifecycle, best practice, state of the art and well acknowledged secure development practices or standards are followed.
(a) Software-based overwriting will be performed on media prior to their disposal. In cases where this is not possible (CD's, DVD's, etc.) physical destruction will be performed.
(b) Shredding of paper and portable media used to store personal data is carried out.
(a) The physical perimeter of the IT system infrastructure is not accessible by non-authorized personnel. Appropriate technical measures or organizational measures shall be set in place to protect security areas and their access points against entry by unauthorized persons.
(a) 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 doing so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause.
(b) 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.
(c) 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.
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) 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).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
i. 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;
ii. the data importer is in substantial or persistent breach of these Clauses; or
iii. 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 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.
(d) 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. 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.
(e) 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.
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 the EU Member State in which the data exporter is established.
(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
(b) The Parties agree that those shall be the courts of the EU Member State in which the data exporter is established.
(c) 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.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.
Data Exporter is the Customer who enters into a Service Agreement with the Data Importer to obtain a Zivot Labs.Inc (Orbitrics) Account as defined in the Terms of Service and has access to use the Services including its Affiliates.
The data importer is Zivot Labs.Inc,. who provides Services to the Data Exporter pursuant to Terms of Service.
Data Protection Officer: The DPO can be contacted at [email protected]
• Categories of data subjects whose personal data is transferred
Include the Data Controller’s employees, contractors, customers, prospects, suppliers and subcontractors.
• Categories of personal data transferred
This includes contact information, the extent of which is determined and controlled by the Customer in its sole discretion, and other Personal Data such as navigational data (including website usage information), email data, system usage data, application integration data, and other electronic data submitted, stored, sent, or received by end users via the Services.
• 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 specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
The parties do not anticipate the transfer of special categories of data from whom the Survey Responses or Personal Data is collected by the Data Controller.
• The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
Transfer takes place only during the duration of the Terms of Service subject to Clause 8 of this Data Protection Addendum.
• Nature of the processing
The subject-matter of Processing of Personal Data by Data Processor is the provision of the Services to the Data Controller that involves the Processing of Personal Data, as specified in the Terms of Service.
• Purpose(s) of the data transfer and further processing
Personal Data will be processed for purposes of providing the Services set out in the Terms of Service.
• The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period.
Personal data will be retained only during the provision of Services pursuant to Terms of Service. Upon termination or expiry of the Zivot Labs.Inc (Orbitrics) account, upon termination or expiration of the Agreement, Personal Data will not be retained, including any copies thereof except those required for audit and legal purposes.
• For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing
As applicable to the Data Processor.
DATA PROTECTION COMMISSION
21 FITZWILLIAM SQUARE SOUTH
|Offices||Dublin Office 21 Fitzwilliam Square South Dublin 2 D02 RD28 Ireland.||Portarlington Office Canal House Station Road Portarlington R32 AP23 Co. Laois|
• Each party will designate a person who will be in charge of communication between the parties via email so as to execute any specific instructions. These officers will serve as the primary point of contact at either party’s end.
• Data Processor takes regular backups of customer data to prevent any major data loss during a security incident.
• All data stored is encrypted so that the customer’s personal data is stored securely.
• Servers and data are managed by Digital Ocean cloud services
• Security policies and security groups are intact so that only authorized people have access to Servers.
• Data Processor makes HTTPS encryption (encrypts your data in transit using secure TLS Cryptographic Protocols) available on every one of its login interfaces and for free & paid customers, alike.
• Processor maintains and updates a record of security privileges of its personnel that have access to Customer Data, networks and network services.
• Processor ensures that, each personnel having access to its systems have a single unique identifier/log-in.
• Processor has user account creation and deletion procedures, with appropriate approvals, for granting and revoking access to Data systems and networks, based on the job role.
• The site that is used to access resources will be logged out automatically every day. Only authorized personnel inside the organization can access these e portals.
• The Data Processor has enabled Multi Factor Authentication as a second layer to ensure that only authorized personnel access the platform.
• Processor maintains policies describing its security measures and the relevant procedures and responsibilities of its personnel who have access to Customer Data and to its systems and networks.
• Processor maintains multiple copies of Customer Data from which Customer Data can be recovered in case of a breach.
• Processor maintains logs and monitors access to administrator and operator activity and data recovery events.
Security Incident Management & Business Continuity
• Processor will maintain a record of all security incidents, their respective RCA findings & risk mitigation adopted.
• In case a security incident happens due to unforeseen circumstances, the Processor will inform the Point of Contact of the Controller via Email within 48 hours.
• Risk Mitigation will be carried out to ensure restoration of data from the Data Backup, to support continuity of business.
• Data Processor conducts VAPT on an annual basis.
• Information Security audit is planned and conducted along with the organizational level audit (annual internal audit.
• All the data transferred from in and out of Zivot Labs.Inc (Orbitrics) is secured with HTTPS.
• Zivot Labs.Inc (Orbitrics) uses Advanced Encryption Standard (AES) algorithm with 256-bit secret keys to encrypt critical data at rest.
Physical and Environmental Security
• Data centers maintained by Digital Ocean are secure by design and its controls make that possible.
• The workplace however, is guarded all the time and people with access can only enter.
• Sub Data Processor is certified for ISO 27001:2013. This demonstrates the direction and commitment of the Data Processor to information security in order to protect its own information assets and those provided by the Data Controller.
• The quality assurance process of the Data Processor, besides performing functional validation and verification, also runs a thorough security check on all application updates. The validation process is carried out by our dedicated app security team who aim to discover and rectify all vulnerabilities in the application. Application updates are not approved by Data Processor’s quality assurance team unless all liable vulnerabilities are identified.
|Name||Service Provided||Purpose||Data Centers|
|Digital Ocean||Cloud service provider||Cloud infrastructure provider for Zivot Labs.Inc (Orbitrics). All data stored, processed and transmitted in Zivot Labs.Inc (Orbitrics) resides on Digital Ocean Web Services data centers.||United States & Europe|
|Hubspot Inc.||CRM||This is our internal CRM tool used to keep our customer contact details and communications up to date.||United States|
|Send in blue, Elastic||Email Service Provider||Sending out emails as well as survey campaigns||United States|
|Stripe||Payment Gateway||Subscription services managed by Stripe.||United States|
|Google Analytics||Web Analytics||To measure website traffic and analyze details about the visitors on website and apps.||United States|
|Google Translate||Language Translations||Survey and Response Translation provider for Orbitrics.||United States, Europe|
|Twak, Intercom||Customer support tool||Managing customer’s chat and queries on Orbitrics||United States & Europe|