This Data Processing Addendum (“DPA”) supplements the Aerospike Cloud Terms (the “Agreement”) entered into by and between Aerospike, Inc. (“Company”) and the customer entity that is a party to the Agreement (“Customer”). Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws (defined below), in the name and on behalf of its Affiliates (defined below), if any. This DPA incorporates the terms of the Agreement, and any terms not defined in this DPA shall have the meaning set forth in the Agreement. We may update this DPA from time to time, and will provide reasonable notice of any such updates.
1.1 “Affiliate” means (i) an entity of which a party directly or indirectly owns fifty percent (50%) or more of the stock or other equity interest, (ii) an entity that owns at least fifty percent (50%) or more of the stock or other equity interest of a party, or (iii) an entity which is under common control with a party by having at least fifty percent (50%) or more of the stock or other equity interest of such entity and a party owned by the same person, but such entity shall only be deemed to be an Affiliate so long as such ownership exists.
1.2 “Authorized Sub-Processor” means a third-party who has a need to know or otherwise access Customer’s Personal Data to enable Company to perform its obligations under this DPA or the Agreement, and who is either (1) listed in Exhibit B or (2) subsequently authorized under Section 4.2 of this DPA.
1.3 “Company Account Data” means personal data that relates to Company’s relationship with Customer, including the names or contact information of individuals authorized by Customer to access Customer’s account and billing information of individuals that Customer has provided and associated with its account. Company Account Data also includes any data Company may need to collect for the purpose of managing its relationship with Customer, providing maintenance and support, identity verification, or as otherwise required by applicable laws and regulations.
1.4 “Company Usage Data” means Service usage data collected and processed by Company in connection with the provision of the Services, including without limitation data used to identify the source and destination of a communication, activity logs, and data used to optimize and maintain performance of the Services, and to investigate and prevent system abuse.
1.5 “Data Exporter” means Customer.
1.6 “Data Importer” means Company.
1.7 “Data Protection Laws” means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of Personal Data including: (i) the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), (ii) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”) and the EU GDPR as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) (together, collectively, the “GDPR”), (iii) the Swiss Federal Act on Data Protection; (iv) the UK Data Protection Act 2018; (v) the Privacy and Electronic Communications (EC Directive) Regulations 2003, (vi) the Virginia Consumer Data Protection Act (“VCDPA”), (vi) the Colorado Privacy Act (“CPA”), and (v) the Connecticut Data Privacy Act (“CTDPA”); in each case, as updated, amended or replaced from time to time. The terms “Data Subject”, “Personal Data”, “Personal Data Breach”, “processing”, “processor,” “controller,” and “supervisory authority” shall have the meanings set forth in the GDPR.
1.8 “EU SCCs” means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time), as modified by Section 6.2 of this DPA.
1.9 “ex-EEA Transfer” means the transfer of Personal Data, which is processed in accordance with the GDPR, from the Data Exporter to the Data Importer (or its premises) outside the European Economic
Area (the “EEA”), and such transfer is not governed by an adequacy decision made by the European Commission in accordance with the relevant provisions of the GDPR.
1.10 “ex-UK Transfer” means the transfer of Personal Data covered by Chapter V of the UK GDPR, which is processed in accordance with the UK GDPR and the Data Protection Act 2018, from the Data Exporter to the Data Importer (or its premises) outside the United Kingdom (the “UK”), and such transfer is not governed by an adequacy decision made by the Secretary of State in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018.
1.11 “Services” shall have the meaning set forth in the Agreement.
1.12 “Standard Contractual Clauses” means the EU SCCs and the UK SCCs.
1.13 “UK Addendum” has the meaning set forth in Exhibit D.
1.14 “UK SCCs” means the EU SCCs, as amended by the UK Addendum.
2.1 The parties acknowledge and agree that with regard to the processing of Personal Data, Customer may act either as a controller or processor and, except as expressly set forth in this DPA or the Agreement, Company is a processor. Customer shall, in its use of the Services, at all times process Personal Data, and provide instructions for the processing of Personal Data, in compliance with Data Protection Laws. Customer shall ensure that the processing of Personal Data in accordance with Customer’s instructions will not cause Company to be in breach of the Data Protection Laws. Customer is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to Company by or on behalf of Customer, (ii) the means by which Customer acquired any such Personal Data, and (iii) the instructions it provides to Company regarding the processing of such Personal Data. Customer shall not provide or make available to Company any Personal Data in violation of the Agreement or otherwise inappropriate for the nature of the Services, and shall indemnify Company from all claims and losses in connection therewith.
2.2 Company shall not process Personal Data (i) for purposes other than those set forth in the Agreement and/or Exhibit A, (ii) in a manner inconsistent with the terms and conditions set forth in this DPA or any other documented instructions provided by Customer, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by Supervisory Authority to which the Company is subject; in such a case, the Company shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest, or (iii) in violation of Data Protection Laws. Customer hereby instructs Company to process Personal Data in accordance with the foregoing and as part of any processing initiated by Customer in its use of the Services.
2.3 The subject matter, nature, purpose, and duration of this processing, as well as the types of Personal Data collected and categories of Data Subjects, are described in Exhibit A to this DPA.
2.4 Following completion of the Services, at Customer’s choice, Company shall return or delete Customer’s Personal Data, unless further storage of such Personal Data is required or authorized by applicable law. If return or destruction is impracticable or prohibited by law, rule or regulation, Company shall take measures to block such Personal Data from any further processing (except to the extent necessary for its continued hosting or processing required by law, rule or regulation) and shall continue to appropriately protect the Personal Data remaining in its possession, custody, or control. If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the certification of deletion of Personal Data that is described in Clause 8.1(d) and Clause 8.5 of the EU SCCs (as applicable) shall be provided by Company to Customer only upon Customer’s request.
2.5 CCPA, VCDPA, CPA, and CTDPA Language. The Parties acknowledge and agree that the processing of personal information or personal data that is subject to the CCPA, VCDPA, CPA, or CTDPA shall be carried out in accordance with the terms set forth in Exhibit E.
Company shall ensure that any person it authorizes to process Personal Data has agreed to protect Personal Data in accordance with Company’s confidentiality obligations in the Agreement. Customer agrees that Company may disclose Personal Data to its advisers, auditors or other third parties as reasonably required in connection with the performance of its obligations under this DPA, the Agreement, or the provision of Services to Customer.
4.1 Customer acknowledges and agrees that Company may (1) engage its Affiliates and the Authorized Sub-Processors listed in Exhibit B to this DPA to access and process Personal Data in connection with the Services and (2) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the processing of Personal Data. By way of this DPA, Customer provides general written authorization to Company to engage sub-processors as necessary to perform the Services.
4.2 A list of Company’s current Authorized Sub-Processors (the “List”) will be made available to Customer, either attached hereto, at a link provided to Customer, via email or through another means made available to Customer. Such List may be updated by Company from time to time. Company may provide a mechanism to subscribe to notifications of new Authorized Sub-Processors and Customer agrees to subscribe to such notifications where available. At least ten (10) days before enabling any third party other than existing Authorized Sub-Processors to access or participate in the processing of Personal Data, Company will add such third party to the List and notify Customer via email. Customer may object to such an engagement by informing Company within ten (10) days of receipt of the aforementioned notice by Customer, provided such objection is in writing and based on reasonable grounds relating to data protection. Customer acknowledges that certain sub-processors are essential to providing the Services and that objecting to the use of a sub-processor may prevent Company from offering the Services to Customer.
4.3 If Customer reasonably objects to an engagement in accordance with Section 4.2, and Company cannot provide a commercially reasonable alternative within a reasonable period of time, Customer may discontinue the use of the affected Service by providing written notice to Company. Discontinuation shall not relieve Customer of any fees owed to Company under the Agreement.
4.4 If Customer does not object to the engagement of a third party in accordance with Section 4.2 within ten (10) days of notice by Company, that third party will be deemed an Authorized Sub-Processor for the purposes of this DPA.
4.5 Company will enter into a written agreement with the Authorized Sub-Processor imposing on the Authorized Sub-Processor data protection obligations comparable to those imposed on Company under this DPA with respect to the protection of Personal Data. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such written agreement with Company, Company will remain liable to Customer for the performance of the Authorized Sub-Processor’s obligations under such agreement.
4.6 If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), (i) the above authorizations will constitute Customer’s prior written consent to the subcontracting by Company of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the parties agree that the copies of the agreements with Authorized Sub-Processors that must be provided by Company to Customer pursuant to Clause 9(c) of the EU SCCs may have commercial information, or information unrelated to the Standard Contractual Clauses or their equivalent, removed by the Company beforehand, and that such copies will be provided by the Company only upon request by Customer.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Company shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing Personal Data. Exhibit C sets forth additional information about Company’s technical and organizational security measures.
6.1 The parties agree that Company may transfer Personal Data processed under this DPA outside the EEA, the UK, or Switzerland as necessary to provide the Services. Customer acknowledges that Company’s primary processing operations take place in the United States, and that the transfer of Customer’s Personal Data to the United States is necessary for the provision of the Services to Customer. If Company transfers Personal Data protected under this DPA to a jurisdiction for which the European Commission has not issued an adequacy decision, Company will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Data Protection Laws.
6.2 Ex-EEA Transfers. The parties agree that ex-EEA Transfers are made pursuant to the EU SCCs, which are deemed entered into (and incorporated into this DPA by this reference) and completed as follows:
6.2.1 Module One (Controller to Controller) of the EU SCCs apply when Company is processing Personal Data as a controller pursuant to Section 9 of this DPA.
6.2.2 Module Two (Controller to Processor) of the EU SCCs apply when Customer is a controller and Company is processing Personal Data for Customer as a processor pursuant to Section 2 of this DPA.
6.2.3 Module Three (Processor to Sub-Processor) of the EU SCCs apply when Customer is a processor and Company is processing Personal Data on behalf of Customer as a sub-processor.
6.3 For each module, where applicable the following applies:
6.3.1 The optional docking clause in Clause 7 does not apply.
6.3.2 In Clause 9, Option 2 (general written authorization) applies, and the minimum time period for prior notice of sub-processor changes shall be as set forth in Section 4.2 of this DPA;
6.3.3 In Clause 11, the optional language does not apply;
6.3.4 All square brackets in Clause 13 are hereby removed;
6.3.5 In Clause 17 (Option 1), the EU SCCs will be governed by the laws of the EU member state where the data exporter is located law;
6.3.6 In Clause 18(b), disputes will be resolved before the courts of the EU member state where the data exporter is located;
6.3.7 Exhibit B to this DPA contains the information required in Annex I and Annex III of the EU SCCs;
6.3.8 Exhibit C to this DPA contains the information required in Annex II of the EU SCCs; and
6.3.9 By entering into this DPA, the parties are deemed to have signed the EU SCCs incorporated herein, including their Annexes.
6.4 Ex-UK Transfers. The parties agree that ex-UK Transfers are made pursuant to the UK SCCs, which are deemed entered into and incorporated into this DPA by reference, and amended and completed in accordance with the UK Addendum, which is incorporated herein as Exhibit D of this DPA.
6.5 Transfers from Switzerland. The parties agree that transfers from Switzerland are made pursuant to the EU SCCs with the following modifications:
6.5.1 The terms “General Data Protection Regulation” or “Regulation (EU) 2016/679” as utilized in the EU SCCs shall be interpreted to include the Federal Act on Data Protection of 19 June 1992 (the “FADP,” and as revised as of 25 September 2020, the “Revised FADP”) with respect to data transfers subject to the FADP.
6.5.2 The terms of the EU SCCs shall be interpreted to protect the data of legal entities until the effective date of the Revised FADP.
6.5.3 Clause 13 of the EU SCCs is modified to provide that the Federal Data Protection and Information Commissioner (“FDPIC”) of Switzerland shall have authority over data transfers governed by the FADP and the appropriate EU supervisory authority shall have authority over data transfers governed by the GDPR. Subject to the foregoing, all other requirements of Clause 13 shall be observed.
6.5.4 The term “EU Member State” as utilized in the EU SCCs shall not be interpreted in such a way as to exclude Data Subjects in Switzerland from exercising their rights in their place of habitual residence in accordance with Clause 18(c) of the EU SCCs.
6.6 Supplementary Measures. In respect of any ex-EEA Transfer or ex-UK Transfer, the following supplementary measures shall apply:
6.6.1 As of the date of this DPA, the Data Importer has not received any formal legal requests from any government intelligence or security service/agencies in the country to which the Personal Data is being exported, for access to (or for copies of) Customer’s Personal Data (“Government Agency Requests”);
6.6.2 If, after the date of this DPA, the Data Importer receives any Government Agency Requests, Company shall attempt to redirect the law enforcement or government agency to request that data directly from Customer. As part of this effort, Company may provide Customer’s basic contact information to the government agency. If compelled to disclose Customer’s Personal Data to a law enforcement or government agency, Company shall give Customer reasonable notice of the demand and cooperate to allow Customer to seek a protective order or other appropriate remedy unless Company is legally prohibited from doing so. Company shall not voluntarily disclose Personal Data to any law enforcement or government agency. Data Exporter and Data Importer shall (as soon as reasonably practicable) discuss and determine whether all or any transfers of Personal Data pursuant to this DPA should be suspended in the light of the such Government Agency Requests; and
6.6.3 The Data Exporter and Data Importer will meet regularly to consider whether:
(i) the protection afforded by the laws of the country of the Data Importer to data subjects whose Personal Data is being transferred is sufficient to provide broadly equivalent protection to that afforded in the EEA or the UK, whichever the case may be;
(ii) additional measures are reasonably necessary to enable the transfer to be compliant with the Data Protection Laws; and
(iii) it is still appropriate for Personal Data to be transferred to the relevant Data Importer, taking into account all relevant information available to the parties, together with guidance provided by the supervisory authorities.
6.6.4 If Data Protection Laws require the Data Exporter to execute the Standard Contractual Clauses applicable to a particular transfer of Personal Data to a Data Importer as a separate agreement, the Data Importer shall, on request of the Data Exporter, promptly execute such Standard Contractual Clauses incorporating such amendments as may reasonably be required by the Data Exporter to reflect the applicable appendices and annexes, the details of the transfer and the requirements of the relevant Data Protection Laws.
6.6.5 If either (i) any of the means of legitimizing transfers of Personal Data outside of the EEA or UK set forth in this DPA cease to be valid or (ii) any supervisory authority requires transfers of Personal Data pursuant to those means to be suspended, then Data Importer may by notice to the Data Exporter, with effect from the date set out in such notice, amend or put in place alternative arrangements in respect of such transfers, as required by Data Protection Laws.
7.1 Company shall, to the extent permitted by law, notify Customer upon receipt of a request by a Data Subject to exercise the Data Subject’s right of: access, rectification, erasure, data portability, restriction or cessation of processing, withdrawal of consent to processing, and/or objection to being subject to processing that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”). If Company receives a Data Subject Request in relation to Customer’s data, Company will advise the Data Subject to submit their request to Customer and Customer will be responsible for responding to such request, including, where necessary, by using the functionality of the Services. Customer is solely responsible for ensuring that Data Subject Requests for erasure, restriction or cessation of processing, or withdrawal of consent to processing of any Personal Data are communicated to Company, and, if applicable, for ensuring that a record of consent to processing is maintained concerning each Data Subject.
7.2 Company shall, at the request of the Customer, and taking into account the nature of the processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Customer in complying with Customer’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Customer is itself unable to respond without Company’s assistance and (ii) Company is able to do so in accordance with all applicable laws, rules, and regulations. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.
8.1 Company shall, taking into account the nature of the processing and the information available to Company, provide Customer with reasonable cooperation and assistance where necessary for Customer to comply with its obligations under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance, provided that Customer does not otherwise have access to the relevant information. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.
8.2 Company shall, taking into account the nature of the processing and the information available to Company, provide Customer with reasonable cooperation and assistance with respect to Customer’s cooperation and/or prior consultation with any Supervisory Authority, where necessary and where required by the GDPR. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Company.
8.3 Company shall maintain records sufficient to demonstrate its compliance with its obligations under this DPA, and retain such records for a period of three (3) years after the termination of the Agreement. Customer shall, with reasonable notice to Company, have the right to review, audit and copy such records at Company’s offices during regular business hours.
8.4 Upon Customer’s written request at reasonable intervals, and subject to reasonable confidentiality controls, Company shall, either (i) make available for Customer’s review copies of certifications or reports demonstrating Company’s compliance with prevailing data security standards applicable to the processing of Customer’s Personal Data, or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Data Protection Laws, allow Customer’s independent third party representative to conduct an audit or inspection of Company’s data security infrastructure and procedures that is sufficient to demonstrate Company’s compliance with its obligations under Data Protection Laws, provided that (a) Customer provides reasonable prior written notice of any such request for an audit and such inspection shall not be unreasonably disruptive to Company’s business; (b) such audit shall only be performed during business hours and occur no more than once per calendar year; and (c) such audit shall be restricted to data relevant to Customer. Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Company for any time expended for on-site audits. If Customer and Company have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the audits described in Clause 8.9 of the EU SCCs shall be carried out in accordance with this Section 8.4.
8.5 Company shall immediately notify Customer if an instruction, in the Company’s opinion, infringes the Data Protection Laws or Supervisory Authority.
8.6 In the event of a Personal Data Breach, Company shall, without undue delay, inform Customer of the Personal Data Breach and take such steps as Company in its sole discretion deems necessary and reasonable to remediate such violation (to the extent that remediation is within Company’s reasonable control).
8.7 In the event of a Personal Data Breach, Company shall, taking into account the nature of the processing and the information available to Company, provide Customer with reasonable cooperation and assistance necessary for Customer to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data Subjects affected by such Personal Data Breach without undue delay.
8.8 The obligations described in Sections 8.6 and 8.7 shall not apply in the event that a Personal Data Breach results from the actions or omissions of Customer. Company’s obligation to report or respond to a Personal Data Breach under Sections 8.6 and 8.7 will not be construed as an acknowledgement by Company of any fault or liability with respect to the Personal Data Breach.
The parties acknowledge and agree that with respect to Company Account Data and Company Usage Data, Company is an independent controller, not a joint controller with Customer. Company will process Company Account Data and Company Usage Data as a controller (i) to manage the relationship with Customer; (ii) to carry out Company’s core business operations, such as accounting, audits, tax preparation and filing and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of the Services, and to prevent harm to Customer; (iv) for identity verification purposes; (v) to comply with legal or regulatory obligations applicable to the processing and retention of Personal Data to which Company is subject; and (vi) as otherwise permitted under Data Protection Laws and in accordance with this DPA and the Agreement. Company may also process Company Usage Data as a controller to provide, optimize, and maintain the Services, to the extent permitted by Data Protection Laws. Any processing by the Company as a controller shall be in accordance with the Company’s privacy policy set forth at aerospike.com/forms/privacy-policy.
In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the applicable terms in the Standard Contractual Clauses; (2) the terms of this DPA; (3) the Agreement; and (4) the Company’s privacy policy. Any claims brought in connection with this DPA will be subject to the terms and conditions, including, but not limited to, the exclusions and limitations set forth in the Agreement.
Nature and Purpose of Processing: Company will process Customer’s Personal Data as necessary to provide the Services under the Agreement, for the purposes specified in the Agreement and this DPA, and in accordance with Customer’s instructions as set forth in this DPA. The nature of processing includes, without limitation:
Duration of Processing: Company will process Customer’s Personal Data as long as required (i) to provide the Services to Customer under the Agreement; (ii) for Company’s legitimate business needs; or (iii) by applicable law or regulation. Company Account Data and Company Usage Data will be processed and stored as set forth in Company’s privacy policy.
Categories of Data Subjects: The categories of Data Subject to which Customer’s Personal Data will relate are determined and controlled by the Customer in its sole discretion and may include, but are not limited to, Customer end-users and customers and Customer personnel.
Categories of Personal Data: Company processes Personal Data contained in Company Account Data, Company Usage Data, and any Personal Data provided by Customer (including any Personal Data Customer collects from its end users and processes through its use of the Services) or collected by Company in order to provide the Services or as otherwise set forth in the Agreement or this DPA. Categories of Personal Data are determined and controlled by the Customer in its sole discretion and may include, but are not limited to, name, location, email address, phone number, address, occupation, and title.
Sensitive Data or Special Categories of Data: None.
The following includes the information required by Annex I and Annex III of the EU SCCs, and Table 1, Annex 1A, and Annex 1B of the UK Addendum.
Data exporter(s): The Customer
Contact person’s name, position and contact details: As designated by Customer in Customer’s account or in the notice section of the Agreement.
Activities relevant to the data transferred under these Clauses: As described in this Addendum.
Signature and date: By entering into the Agreement, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, as of the Effective Date of the Agreement.
Role (controller/processor): The Data Exporter’s role is set forth in Section 2 of this Addendum.
Data importer(s): Aerospike, Inc.
Address: 2440 West El Camino Real Suite 100 Mountain View, CA 94040
Official Registration Number: Delaware: #4731217
Contact person: Alan J. Cyron, CFO legal@aerospike.com
Activities relevant to the data transferred under these Clauses: As described in this Addendum.
Signature and date: By entering into the Agreement, Data Importer is deemed to have signed these Standard Contractual Clauses incorporated herein, as of the Effective Date of the Agreement.
Role (controller/processor): The Data Importer’s role is set forth in Section 2 of this Addendum.
| Data Subjects | As described in Exhibit A. |
| Categories of Personal Data | As described in Exhibit A. |
| Special Category Personal Data (if applicable) | As described in Exhibit A. |
| Nature of the Processing | As described in Exhibit A. |
| Purposes of Processing | As described in Exhibit A. |
| Duration of Processing and Retention (or the criteria to determine such period) | As described in Exhibit A. |
| Frequency of the transfer | As necessary to provide perform all obligations and rights with respect to Personal Data as provided in the Agreement or DPA. |
| Recipients of Personal Data Transferred to the Data Importer | As described in Part 4 of Exhibit B to this DPA. |
The supervisory authority shall be the supervisory authority of the Data Exporter, as determined in accordance with Clause 13 of the EU SCCs. The supervisory authority for the purposes of the UK Addendum shall be the UK Information Commissioner’s Officer.
| Name of Authorized Sub-Processor | Address | Description of processing | Country in which sub-processing will take place |
| Amazon Web Services (AWS), Inc. | Seattle, WA | Cloud provider Aerospike Cloud is run on top of AWS cloud, that hosts the customer’s data. | USA, UK, Singapore |
| Google Inc. | Mountain View, CA | Email Support and document repository | USA |
| Salesforce, Inc. | San Francisco, CA | Prospects, Customers, support and maintenance | USA |
| Auth0 | Bellevue, WA | Access and authentication | USA |
| PagerDuty | San Francisco, CA | Alert Management | USA |
| Stripe, Inc. | San Francisco, CA | Payment Processing | USA |
| DataWorkz | Milpitas, CA | Middleware to collect customer’s selective data for billing and support | USA |
| Atlassian Corporation | San Francisco, CA | Issue tracking system | USA |
| SendGrid/Twilio | Denver, CO | Email service provider (outbound) | USA |
| Slack | San Francisco, CA | Internal & external communication | USA |
Description of the Technical and Organisational Security Measures implemented by the Data Importer
The following includes the information required by Annex II of the EU SCCs and Annex II of the UK Addendum.
| Technical and Organizational Security Measure | Aerospike Details |
| Measures of pseudonymisation and encryption of personal data | Aerospike Cloud network traffic in transit is protected by Transport Layer Security (TLS). Further, data transmitted between nodes is also encrypted using TLS. The Aerospike Database encrypts all data at rest. Additionally, encrypted data is stored on ephemeral SSDs, which are also encrypted by the Cloud provider. |
| Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services | Aerospike Cloud deploys dedicated database instances in an isolated, independent environment for each customer. Databases are deployed across multiple availability zones to ensure service and data availability. Aerospike Cloud network traffic in transit is protected by Transport Layer Security (TLS). Further, data transmitted between nodes is also encrypted using TLS. The Aerospike Database encrypts all data at rest. Additionally, encrypted data is stored on ephemeral SSDs, which are also encrypted by the Cloud provider. |
| Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident | Aerospike also maintains Business Continuity and Disaster Recovery (“BCDR”) Plan that aligns with ISO/IEC 27001 requirements. The BCDR Plan defines roles and responsibilities of different stake holders in the event of an incident that triggers the BCDR Plan. Aerospike reviews and updates the BCDR Plan and Procedure document on an annual basis. Aerospike has an Incident Response Policy which is being followed in the event there’s a security incident or data breach. The Policy aligns with ISO/IEC 27001:2013 and includes among other things defined roles and responsibilities, reporting process, evaluation, secure preservation of logs, event and system, classification, containment, recovery, and post analysis. The Policy is reviewed and tested on an annual basis. The security incident is tracked showing details of incidents, root cause, categories, analysis, remediation actions and post-incident analysis. Aerospike also communicates to customers in a timely manner if there’s an incident affecting customers. |
| Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing | Aerospike maintains a Vulnerability Management Program which aligns with ISO/IEC 27001:2022 and includes among other things identifying vulnerabilities, evaluating risks, ranking vulnerabilities, tracking and remediating vulnerabilities. Aerospike utilizes trusted third-party tool(s) and software to identify issues in relevant software, libraries, environment and implement patches based on severity once security issues are found. Aerospike does annual Soc II Type 2 and ISO audits. |
| Measures for user identification, authorization, and event logging | Aerospike maintains an Access Control Policy which aligns with ISO/IEC 27001. Some of the processes within the Access Control Policy include onboarding, offboarding, privilege access management, user authorization, and access review. Access to Aerospike Cloud is tightly controlled and audited. Only authorized personnel are given privileged access on an as-needed basis, and access is controlled by multiple factors. Aerospike utilizes industry standard measures such as role-based, least privileged access, and strong authentication designed to protect against unauthorized access. |
| Measures for the protection of data during transmission | Aerospike Cloud network traffic in transit is protected by Transport Layer Security (TLS). Further, data transmitted between nodes is also encrypted using TLS. |
| Measures for the protection of data during storage | The Aerospike Database encrypts all data at rest. Additionally, encrypted data is stored on ephemeral SSDs, which are also encrypted by the Cloud provider. |
| Measures for ensuring physical security of locations at which personal data are processed | The Aerospike Cloud runs on AWS as such AWS is responsible for the security of data centers. The compliancy with the Physical security is detailed within he Cloud Provider’s website: https://aws.amazon.com/security/ At least annually, Aerospike obtains and reviews Cloud provider’s third-party compliance report to evaluate Physical Security controls provided by the Cloud provider. |
| Measures for ensuring system configuration, including default configuration | All software used in Aerospike Cloud is managed through an image build process that uses industry best practices to secure and harden the images. All configuration is applied to the software images through a software configuration management system with required approvals for changes. All infrastructure is managed as code through a software configuration management system with required approvals for changes. |
| Measures for internal IT and IT security governance and management | Aerospike maintains an Information Security Program including the Policies, Procedures and Standards which is intended to establish the information security criteria, means, methods, and measures to protect Aerospike’s information assets and communication networks. Aerospike Information Security Program complies with ISO/ICE 27001:2022. Aerospike performs background checks on all personnel before hire, subject to local laws. Upon hire, and at least once a year, Aerospike personnel undergo required security training on various security topics. Aerospike Security Program is maintained by the Security and Compliance team. Compliance with the Program is being monitored regularly. The Security and Compliance team conducts security training, education to ensure compliance with the Security Program is done by Aerospike personnel. Aerospike has also developed and enforces disciplinary measures for personnel who do not complying with the Information Security Program. The Information Security Program including the Policies, Procedures and Standards are being reviewed at least on an annual basis. |
| Measures for certification/assurance of processes and products | Aerospike is certified against ISO 27001:2013, and SOC 2 Type II. Aerospike will make compliance certificates and/or reports available to its customers. |
| Measures for ensuring data minimisation | Aerospike only collects user data that is required to utilize Aerospike products and services. Users of the service have the ability to update any user data collected to ensure ongoing accuracy. Aerospike customers are responsible for any data stored in the database service including ensuring compliance with appropriate regulations. |
| Measures for ensuring data quality | Aerospike only collects user data that is required to utilize Aerospike products and services. Users of the service have the ability to update any user data collected to ensure ongoing accuracy. Aerospike customers are responsible for any data stored in the database service including ensuring compliance with appropriate regulations. |
| Measures for allowing data portability, retention, and ensuring erasure | Customers have the ability to read data stored in the database at any time without restriction for purposes of data portability and retention outside the service. Access to the Aerospike Cloud databases becomes unavailable when the customer terminates the database or cancels the subscription. By default, backups are automatically deleted at the end of the retention period. |
| Technical and organizational measures of sub-processors | Aerospike maintains a Vendor Management Policy that guide personnel to evaluate third-party service providers before onboarding. The Policy also guides personnel to perform due diligence at least on an annual basis. |
UK Addendum
International Data Transfer Addendum to the EU Commission Standard Contractual Clauses
Table 1: Parties
| Start Date | This UK Addendum shall have the same effective date as the DPA | |
| The Parties | Exporter | Importer |
| Parties’ Details | Customer | Company |
| Key Contact | See Exhibit B of this DPA | See Exhibit B of this DPA |
Table 2: Selected SCCs, Modules and Selected Clauses
| EU SCCs | The Version of the Approved EU SCCs which this UK Addendum is appended to as defined in the DPA and completed by Section 6.2 and 6.3 of the DPA. |
Table 3: Appendix Information
“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this UK Addendum is set out in:
| Annex 1A: List of Parties | As per Table 1 above |
| Annex 2B: Description of Transfer | See Exhibit B of this DPA |
| Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data: | See Exhibit C of this DPA |
| Annex III: List of Sub processors (Modules 2 and 3 only): | See Exhibit B of this DPA |
Table 4: Ending this UK Addendum when the Approved UK Addendum Changes
| Ending this UK Addendum when the Approved UK Addendum changes | ☒ Importer ☒ Exporter ☐ Neither Party |
| UK Addendum | means this International Data Transfer Addendum incorporating the EU SCCs, attached to the DPA as Exhibit D. |
| EU SCCs | means the version(s) of the Approved EU SCCs which this UK Addendum is appended to, as set out in Table 2, including the Appendix Information |
| Appendix Information | shall be as set out in Table 3 |
| Appropriate Safeguards | means the standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making an ex-UK Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR. |
| Approved UK Addendum | means the template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as may be revised under Section 18 of the UK Addendum. |
| Approved EU SCCs | means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of personal data to countries not otherwise recognized as offering an adequate level of protection for personal data by the European Commission (as amended and updated from time to time). |
| ICO | means the Information Commissioner of the United Kingdom. |
| ex-UK Transfer | shall have the same definition as set forth in the DPA. |
| UK | means the United Kingdom of Great Britain and Northern Ireland |
| UK Data Protection Laws | means all laws relating to data protection, the processing of personal data, privacy and/or electronic communications in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018. |
| UK GDPR | shall have the definition set forth in the DPA. |
This United States Privacy Law Exhibit (“Exhibit”) supplements the DPA and includes additional information required by the CCPA, the VCDPA, the CPA, and the CTDPA in each case, as updated, amended or replaced from time to time. Any terms not defined in this Exhibit shall have the meanings set forth in the DPA and/or the Agreement.
1. Definitions
1.1 For purposes of this Section A, the terms “Business,” “Business Purpose,” “Commercial Purpose,” “Consumer,” “Personal Information,” “Processing,” “Sell,” “Service Provider,” “Share,” and “Verifiable Consumer Request” shall have the meanings set forth in the CCPA.
1.2 All references to “Personal Data,” “Controller,” “Processor,” and “Data Subject” in the DPA shall be deemed to be references to “Personal Information,” “Business,” “Service Provider,” and “Consumer,” respectively, as defined in the CCPA.
2. Obligations
2.1 Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge and agree that Company is a Service Provider for the purposes of the CCPA (to the extent it applies) and Company is receiving Personal Information from Customer in order to provide the Services pursuant to the Agreement, which constitutes a Business Purpose.
2.2 Customer shall disclose Personal Information to Company only for the limited and specified purposes described in Exhibit A to this DPA.
2.3 Company shall not Sell or Share Personal Information provided by Customer under the Agreement.
2.4 Company shall not retain, use, or disclose Personal Information provided by Customer pursuant to the Agreement for any purpose, including a Commercial Purpose, other than as necessary for the specific purpose of performing the Services for Customer pursuant to the Agreement, or as otherwise set forth in the Agreement or as permitted by the CCPA.
2.5 Company shall not retain, use, or disclose Personal Information provided by Customer pursuant to the Agreement outside of the direct business relationship between Company and Customer, except where and to the extent permitted by the CCPA.
2.6 Company shall notify Customer if it makes a determination that it can no longer meet its obligations under the CCPA.
2.7 Company will not combine Personal Information received from, or on behalf of, Customer with Personal Information that it receives from, or on behalf of, another party, or that it collects from its own interaction with the Consumer.
2.8 Company shall comply with all obligations applicable to Service Providers under the CCPA, including by providing Personal Information provided by Customer under the Agreement the level of privacy protection required by CCPA.
2.9 Company shall only engage a new sub-processor to assist Company in providing the Services to Customer under the Agreement in accordance with Section 4.1 of the DPA, including, without limitation, by: (i) notifying Customer of such engagement via the notification mechanism described in Section 4.1 of the DPA at least ten (10) days before enabling a new Sub-Processor; and (ii) entering into a written contract with the sub-processor requiring sub-processor to observe all of the applicable requirements set forth in the CCPA.
3. Consumer Rights
3.1 Company shall assist Customer in responding to Verifiable Consumer Requests to exercise the Consumer’s rights under the CCPA as set forth in Section 7 of the DPA.
4. Audit Rights
4.1 To the extent required by CCPA, Company shall allow Customer to conduct inspections or audits in accordance with Sections 8.3 and 8.4 of the DPA.
1. Definitions
1.1 For purposes of this Section B, the terms “Consumer,” “Controller,” “Personal Data,” “Processing,” and “Processor” shall have the meanings set forth in the VCDPA.
1.2 All references to “Data Subject” in this DPA shall be deemed to be references to “Consumer” as defined in the VCDPA.
2. Obligations
2.1 Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge and agree that Customer is a Controller and Company is a Processor for the purposes of the VCDPA (to extent it applies).
2.2 The nature, purpose, and duration of Processing, as well as the types of Personal Data and categories of Consumers are described in Exhibit A to this DPA.
2.3 Company shall adhere to Customer’s instructions with respect to the Processing of Customer Personal Data and shall assist Customer in meeting its obligations under the VCDPA by:
2.3.1 Assisting Customer in responding to Consumer rights requests under the VCDPA as set forth in Section 7 of the DPA;
2.3.2 Complying with Section 5 (“Security of Personal Data”) of the DPA with respect to Personal Data provided by Customer;
2.3.3 In the event of a Personal Data Breach, providing information sufficient to enable Customer to meet its obligations pursuant to Va. Code § 18.2-186.6; and
2.3.4 Providing information sufficient to enable Customer to conduct and document data protection assessments to the extent required by VCDPA.
2.4 Company shall maintain the confidentiality of Personal Data provided by Customer and require that each person Processing such Personal Data be subject to a duty of confidentiality with respect to such Processing;
2.5 Upon Customer’s written request, Company shall delete or return all Personal Data provided by Customer in accordance with Section 2.4 of the DPA, unless retention of such Personal Data is required or authorized by law or the DPA and/or Agreement.
2.6 In the event that Company engages a new sub-processor to assist Company in providing the Services to Customer under the Agreement, Company shall enter into a written contract with the sub-processor requiring sub-processor to observe all of the applicable requirements of a Processor set forth in the VCDPA.
3. Audit Rights
3.1 Upon Customer’s written request at reasonable intervals, Company shall, as set forth in Sections 8.3-8.4 of the DPA, (i) make available to Customer all information in its possession that is reasonably necessary to demonstrate Company’s compliance with its obligations under the VCDPA; and (ii) allow and cooperate with reasonable inspections or audits as required under the VCDPA.
1. Definitions
1.1 For purposes of this Section B, the terms “Consumer,” “Controller,” “Personal Data,” “Processing,” and “Processor” shall have the meanings set forth in the CPA.
1.2 All references to “Data Subject” in the DPA shall be deemed to be references to “Consumer” as defined in the CPA.
2. Obligations
2.1 Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge and agree that Customer is a Controller and Company is a Processor for the purposes of the CPA (to extent it applies).
2.2 The nature, purpose, and duration of Processing, as well as the types of Personal Data and categories of Consumers are described in Exhibit A to this DPA.
2.3 Company shall require that each person Processing such Personal Data be subject to a duty of confidentiality with respect to such Processing.
2.4 Company shall only engage a new subcontractor to assist Company in providing the Services to Customer under the Agreement in accordance with Section 4.1 of the DPA, including, without limitation, by: (i) notifying Customer of such engagement via the notification mechanism described in Section 4.1 of the DPA and providing Customer with an opportunity to object and (ii) entering into a written contract with the subcontractor requiring subcontractor to observe the applicable requirements of the CPA.
2.5 Company shall be responsible for taking the appropriate technical and organizational measures as described in Exhibit C. Customer shall be responsible for implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
2.6 Upon Customer’s written request, Company shall delete or return all Personal Data provided by Customer in accordance with Section 2.4 of the DPA, unless retention of such Personal Data is required or authorized by law or the DPA and/or Agreement.
3. Audit Rights
3.1 Upon Customer’s written request at reasonable intervals, Company shall, as set forth in Sections 8.3-8.4 of the DPA, (i) make available to Customer information in its possession that is reasonably necessary to demonstrate Company’s compliance with its obligations under the CPA; and (ii) allow and cooperate with reasonable inspections or audits as required or permitted under the CPA.
1. Definitions
1.1 For purposes of this Section B, the terms “Consumer,” “Controller,” “Personal data,” “Processing,” and “Processor” shall have the meanings set forth in the CTDPA.
1.2 All references to “Data Subject” in the DPA shall be deemed to be references to “Consumer” as defined in the CTDPA.
2. Obligations
2.1 Except with respect to Company Account Data and Company Usage Data (as defined in the DPA), the parties acknowledge and agree that Customer is a Controller and Company is a Processor for the purposes of the CPA (to extent it applies).
2.2 The nature, purpose, and duration of Processing, as well as the types of Personal Data and categories of Consumers are described in Exhibit A to this DPA.
2.3 Company shall require that each person Processing such Personal Data be subject to a duty of confidentiality with respect to such Processing.
2.4 Company shall only engage a new subcontractor to assist Company in providing the Services to Customer under the Agreement in accordance with Section 4.1 of the DPA, including, without limitation, by: (i) notifying Customer of such engagement via the notification mechanism described in Section 4.1 of the DPA and providing Customer with an opportunity to object and (ii) entering into a written contract with the subcontractor requiring subcontractor to observe all of the applicable requirements set forth in the CTDPA
2.5 Upon Customer’s written request, Company shall delete or return all Personal Data provided by Customer in accordance with Section 2.4 of the DPA, unless retention of such Personal Data is required or authorized by law or the DPA and/or Agreement.
3. Audit Rights
3.1 Upon Customer’s written request at reasonable intervals, Company shall, as set forth in Sections 8.3-8.4 of the DPA, (i) make available to Customer information in its possession that is reasonably necessary to demonstrate Company’s compliance with its obligations under the CTDPA; and (ii) allow and cooperate with reasonable inspections or audits as required under the CTDPA.