Please submit inquiries pertaining to this DPA or if you require a signed DPA by contacting us at firstname.lastname@example.org.
The following definitions apply solely to this Data Processing Agreement:
The terms “data controller”, “data subject”, “personal data”, “process,” “processing”, “processor” and “data processor” have the meanings given to these terms in EU Data Protection Law.
“EU Data Protection Law” means any data protection or data privacy law or regulation of Switzerland or any European Economic Area (“EEA”) country applicable to Customer Data, including, as applicable, the GDPR and the e-Privacy Directive 2002/58/EC.
“GDPR” means the EU General Data Protection Regulation 2016/679.
“Sub-Processor” means an entity engaged by us to process Customer Data.
“Customer Data” means the personal data (as defined by EU Data Protection Law) that is collected by or uploaded to the Platform and processed in Your Account.
“Security Incident” means a breach of security of the Platform or our systems used to process Customer Data leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data transmitted, stored or otherwise processed by us in the context of this DPA.
“Your Account” means your password-protected account for use of the Services and for billing in connection with such use. Your Account may be a trial or a paid subscription to the Services.
“Staff” means any natural person or legal entity employed or contracted by us (including, but not limited to employees, interns, contract employees, consultants and volunteers).
This DPA only applies to you if you or individuals whose personal data you use the Services to process (including your Staff, as applicable) are located within the EEA or Switzerland and only applies in respect to personal data (as defined by the EU Data Protection Law). You agree that we are not responsible for personal data that you have elected to process through third party services or outside of the Services, including the systems of any other third-party cloud services, offline or on-premises storage.
Details of Data Processing
Subject Matter. The subject matter of the data processing under this DPA is personal data as defined in the EU Data Protection Law used in performance of the Services pursuant to the Agreement.
The duration of the data processing under this DPA is for the lifetime of the relationship between you and us as determined by your use of the Services.
The purpose of the data processing under this DPA is the provision of the Services as initiated by you (the “Purpose”).
Nature of the Processing. The provision of the Services including computing, storage and such other Services at your instruction.
Type of Personal Data. Customer Data relating to your Staff or other individuals whose personal data is processed as part of the Services in accordance with instructions given by you.
Categories of Data Subjects. Your Staff and any other individuals whose personal data you use the Services to process in accordance with EU Data Protection Law.
This DPA applies when Customer Data is processed by us. In this context, we will act as “data processor” to the Customer who may acts as “data controller” with respect to Customer Data (as defined by EU Data Protection Law).
Description of Processing Activities
We will process Customer Data for the purpose of providing you with the Services, as may be used, configured or modified from within Your Account. For example, depending on how you use the Services, we may process your Customer Data in order to: (a) collect, organize, report or analyze data from your users through Company-powered forms and applications (b) email your users on your behalf at your instruction, or (c) authenticate your authorized users so they can access data that you control. There may be other processing activities undertaken by us pursuant to the manner in which you employ the Services.
We will process your Customer Data for the Purpose and in accordance with the Agreement or instructions you give us through Your Account. You agree that the Agreement and the instructions given through Your Account are your complete and final instructions to us in relation to your Customer Data. Additional instructions outside the scope of this DPA require prior written agreement between you and us, and may include agreement on any additional fees payable by you to us for carrying out such instructions.
Compliance with Laws
You will ensure that your instructions comply with all Law applicable in relation to your Customer Data and that your Customer Data is collected lawfully by you or on your behalf and provided to us by you in accordance with such Law. You will also ensure that the processing of your Customer Data in accordance with your instructions will not cause or result in us or you breaching any Law (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security pursuant to the Agreement and making an independent determination as to whether the Services meet your requirements and legal obligations as well as your obligations under this DPA. We will not access or use your Customer Data except as provided in the Agreement, as necessary to maintain or provide the Services or as necessary to comply with Law.
You are responsible for any liability or expenses arising from our compliance with your instructions or requests pursuant to the Agreement which fall outside the standard functionality made available through the Services.
Notification of Security Incident
We will provide you notice without undue delay: (a) after becoming aware of and confirming the occurrence of a Security Incident for which notification to you is required under applicable EU Data Protection Laws; (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident. Notification of Security Incidents will be delivered to one or more of your account administrators by any means we select, including via email. We will provide you with such information about the Security Incident as we are reasonably able to disclose to you, taking into account the nature of the Security Incident, the information available to us and any restrictions on disclosing the information such as our confidentiality obligations. You agree that an unsuccessful Security Incident will not be subject to the same obligations outlined in this DPA under applicable EU Data Protection Laws. Our obligation to report or respond to a Security Incident under this Section is not and will not be construed as an acknowledgement by us of any fault or liability of ours with respect to the Security Incident. Despite the foregoing, our obligations under this Section do not apply to Security Incidents that are caused by you, any activity in Your Account and/or third-party services.
Reasonable Assistance with Compliance
We will, to the extent that you cannot reasonably do so through the Platform, Your Account or otherwise, provide reasonable assistance to you in the event of an investigation by a competent regulator, including a data protection regulator or similar authority, if and to the extent that such investigation relates to the processing of Customer Data by us on your behalf in accordance with this DPA, taking into account the nature of the Services and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance. We may charge a reasonable fee for such requested assistance except where such investigation arises from a breach by us of the Agreement or this DPA, to the extent permitted by applicable Law.
We shall implement, and maintain throughout the term of the Agreement and this DPA at all times in accordance with then current good industry practice, appropriate technical and organizational measures to protect Customer Data in accordance with EU Data Protection Law. At your request, we will provide a written description of the security measures being taken at the time of the request. You agree that you may be required to agree to a non-disclosure agreement with us before we share any such information with you. We may change our security measures at any time, but will not do so in a way that adversely affects the security of Customer Data. We take steps to ensure that any natural person acting under our authority who has access to Customer Data does not process it except on our instructions, unless such person is required to do so under applicable Law, and that personnel authorized by us to process Customer Data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
You agree that we can share your Customer Data with Sub-Processors in order to provide you the Services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors to impose contractual obligations on any further sub-contractors which they engage to process Customer Data, which provide the same level of data protection for Customer Data in all material respects as the contractual obligations imposed in this DPA, to the extent applicable to the nature of the services provided by such Sub-Processor. A list of our current Sub-Processors as of the effective date of this DPA is available in Exhibit A below.
We will notify you in advance (by email and by notice in the Platform) of any changes to the list of Sub-Processors in place on the effective date of this DPA, except for emergency replacements or deletions of Sub-Processors without replacement. If you object to any Sub-Processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing by the protested Sub-Processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such Sub-Processor, you may cancel or terminate Your Account or, if possible, the areas of the Services that involve use of such Sub-Processor. Except as set forth in this Section, or as you may otherwise authorize, we will not permit any Sub-Processor to access your Customer Data. Except as set forth in this section, if you object to any Sub-Processors, you may not use or access the Services.
We may change a Sub-Processor where the reason for the change is outside of our reasonable control. In this case, we will inform you of the replacement Sub-Processor as soon as possible. You retain the right to object to a replacement Sub-Processor as laid forth in this Section.
We will remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of any Sub-Processor or their further sub-contractors that process your Customer Data and cause us to breach any of our obligations under this DPA, solely to the extent that StructionSite would be liable under the Agreement if the act or omission was our own.
We shall ensure that any person we authorize to process Customer Data shall protect the Customer Data in accordance with our confidentiality obligations under the Agreement and this DPA. We will not disclose Customer Data to any government or any other third party, except as necessary to comply with Law.
We shall make available to you all information necessary to demonstrate compliance with the obligations in this DPA and allow for and contribute to audits, conducted by you or an auditor mandated by you. We will also assist you with conducting any legally required data protection impact assessments (including subsequent consultation with a supervisory authority), if so required by the EU Data Protection Law, taking into account the nature of processing and the information available to us. We may charge a reasonable fee for such assistance with information requests, audits, or impact assessments, as permitted by applicable Law.
Data Subject Requests
You are responsible for handling any requests or complaints from data subjects with respect to their personal data processed by us as Customer Data under this DPA. We will provide reasonable and timely response notifying you if we receive any such requests or complaints.
You authorize us to transfer Customer Data away from the country in which such data was originally collected. In particular, you authorize us to transfer Customer Data to the U.S. We will transfer Customer Data to outside the EEA and Switzerland using lawful and appropriate data transfer mechanism that is recognized under EU Data Protection Law as providing an adequate level of protection for such data transfers.
Return or Deletion of Customer Data
The Platform provides features which allow you, the data controller, to download and delete Customer Data. Upon termination of Your Account for any reason, we will delete Customer Data in accordance to our data retention policies and legal obligations, or at your request by contacting us. Your requests to return or delete Customer Data may not be fulfilled to the extent that we are required by legal obligations or EU Data Protection Law.
Limitations of Liability
The liability of each party under this DPA is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by us in relation to Customer Data that arise as a result of, or in connection with, your failure to comply with your obligations under this DPA or EU Data Protection Law shall count towards and reduce our liability under the Agreement as if it were liability to you under the Agreement.
Conflict and Termination of Agreements
In the event of a conflict between this DPA and the Agreement, this DPA will prevail. This DPA shall continue in force until the termination of the Agreement.
Standard Contractual Clauses: For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
Name of data exporting organization:
StructionSite user as defined in the Agreement
The Email Address of the Primary Admin/Account Holder
The data exporting organization identified in the table above (the “data exporter”) and
StructionSite, Inc. (the “data importer”) each a “party”; together “the parties”, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
Clause 1 – Definition
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 personal data; (c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; (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 to a data controller in the Member State in which the data exporter is established; (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.
Clause 2 – Details of the transfer
The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Clause 3 – Third-party beneficiary clause
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.
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.
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.
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.
The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.
Clause 4 – Obligations of the data exporter
The data exporter agrees and warrants: (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).
Clause 5 – Obligations of the data importer
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, and (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; (j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
Clause 6 – Liability
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.
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.
If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.
Clause 7 – Mediation and jurisdiction
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;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Clause 8 – Cooperation with supervisory authorities
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.
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.
The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).
Clause 9 – Governing Law
The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Clause 10 – Variation of the Contract
The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Clause 11 – Subprocessing
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.
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.
The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.
Clause 12 – Obligation after the termination of personal data processing services
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.
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
This Appendix forms part of the Clauses.
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
Capitalized terms used in this Appendix which are otherwise undefined in these Clauses have the meanings given to them in the Data Processing Agreement to which these Clauses are attached.
The data exporter is StructionSite, Inc.
The data exporter is the legal entity that has executed the Standard Contractual Clauses as a data exporter and has purchased Services on the basis of one or more Agreements with StructionSite, Inc.
The data importer is StructionSite, Inc.
The personal data transferred concern the following categories of data subjects:
Data subjects include:
Natural persons who submit personal data to the data importer via use of the Services (“Respondents”).
Natural persons whose personal data may be submitted to the data exporter by Respondents via use of the Services.
Natural persons who are employees, representatives, or other business contacts of the data exporter.
The data exporter’s users who are authorized by the data exporter to access and use the Services.
Categories of data
The personal data transferred concern the following categories of data:
The data exporter may submit personal data to the Services, and may request for Respondents to submit personal data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, without limitation:
Personal data of all types that may be submitted by Respondents to the data exporter via user of the Services (such as via sign up). For example: name, geographic location, age, contact details, IP address, profession, gender, financial status, personal preferences, personal shopping or consumer habits, and other preferences and other personal details that the data exporter solicits or desires to collect from its Respondents.
Contact and billing details of the data exporter’s employees, authorized end users, and other business contacts. For example: name, title, employer, contact information (company, email, phone, address, etc.), payment information, and other account related data.
The personal data transferred will be subject to the following basic processing activities:
The objective of processing Personal Data by the data importer is to support StructionSite, Inc. in its performance of the Services pursuant to the Agreement.
APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES
This Appendix forms part of the Clauses.
Capitalized terms used in this Appendix which are otherwise undefined in these Clauses have the meanings given to them in the
Data Processing Agreement to which these Clauses are attached.
Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached): The data importer will maintain appropriate administrative, physical, and technical safeguards (“Security Safeguards”) for protection of the security, confidentiality and integrity of Personal Data as are described in the Data Processing Agreement to which these Clauses are attached.