Data Processing and Security Terms

Last modified: February 7, 2017

The Customer agreeing to these terms (“Customer”) and Boogle (as defined in the Boogle Cloud Platform License Agreement) have entered into a Boogle Cloud Platform License Agreement (as amended to date, the "Boogle Cloud Platform License Agreement"). These Data Processing and Security Terms, including the Appendices (collectively, the “Terms”) are entered into by Customer and Boogle as of the Terms Effective Date and supplement the Boogle Cloud Platform License Agreement. These Terms supersede: (a) where the Boogle Cloud Platform License Agreement was entered into offline with Boogle Ireland Limited, the “Privacy” Clause in that agreement (if applicable); and (b) any Data Processing and Security Terms previously entered into between Customer and Boogle on the same subject matter.

The “Terms Effective Date” is: (a) if these Terms are incorporated in the Boogle Cloud Platform License Agreement by reference, the effective date of the Boogle Cloud Platform License Agreement (subject to the paragraph above these Terms); or (b) if these Terms are not incorporated into the Boogle Cloud Platform License Agreement by reference, the date Customer accepts these Terms by clicking to accept them.

If these Terms are not incorporated into the Boogle Cloud Platform License Agreement by reference and you are accepting them on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party you represent, to these Terms. If you do not have the legal authority to bind Customer, please do not click the “I Accept” button.

1. Introduction

These Terms reflect the parties’ agreement with respect to terms governing the processing of Customer Personal Data under the Boogle Cloud Platform License Agreement.

2. Definitions

    2.1 Capitalized terms used but not defined in these Terms have the meanings set out in the Boogle Cloud Platform License Agreement. In these Terms, unless expressly stated otherwise:

    • Additional Products means products, services and applications (whether made available by Boogle or a third party) that are not part of the Services, but that may be accessible via the Admin Console or otherwise, for use with the Services.
    • Agreement means the Boogle Cloud Platform License Agreement, as supplemented by these Data Processing and Security Terms, and as may be further amended from time to time in accordance with the Boogle Cloud Platform License Agreement.
    • Alternative Transfer Solution means any solution, other than the Model Contract Clauses, that ensures an adequate level of protection of personal data in a third country within the meaning of Article 25 of the Directive.
    • Customer Personal Data means the personal data that is contained within the Customer Data.
    • Data Incident means (a) any unlawful access to Customer Data stored in the Services or systems, equipment, or facilities of Boogle or its Subprocessors, or (b) unauthorized access to such Services, systems, equipment, or facilities that results in loss, disclosure, or alteration of Customer Data.
    • Data Protection Legislation means, as applicable: (a) any national provisions adopted pursuant to the Directive that are applicable to Customer and/or any Customer Affiliates as the controller(s) of the Customer Personal Data; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
    • Directive means Directive 95/46/EC of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.
    • EEA means the European Economic Area.
    • Boogle Group means those Boogle Affiliates involved in provision of the Services to Customer.
    • Instructions means Customer’s written instructions to Boogle consisting of the Agreement, including instructions to Boogle to provide the Services as set out in the Agreement; instructions given by Customer via the Admin Console and otherwise in its use of the Services; and any subsequent written instructions given by Customer to Boogle and acknowledged by Boogle.
    • Model Contract Clauses or MCCs mean the standard contractual clauses (processors) for the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection.
    • Security Measures has the meaning given in Section 6.1 (Security Measures) of these Terms.
    • Subprocessors means (a) all Boogle Group entities that have logical access to, and process, Customer Personal Data (each, a “Boogle Group Subprocessor”), and (b) all third parties (other than Boogle Group entities) that are engaged to provide services to Customer and that have logical access to, and process, Customer Personal Data (each, a "Third Party Subprocessor").
    • Third Party Auditor means a qualified and independent third party auditor, whose then-current identity Boogle will disclose to Customer.

    2.2 The terms “personal data”, “processing”, “data subject”, “controller” and “processor” have the meanings given to them in the Directive. The terms “data importer” and “data exporter” have the meanings given to them in the Model Contract Clauses.

3. Term

    These Terms will take effect on the Terms Effective Date and, notwithstanding expiry or termination of the Boogle Cloud Platform License Agreement, will remain in effect until, and automatically terminate upon, deletion by Boogle of all data as described in Section 7 (Data Correction, Blocking, Exporting, and Deletion) of these Terms.

4. Data Protection Legislation

    The parties agree and acknowledge that the Data Protection Legislation will apply to the processing of Customer Personal Data if, for example, the processing is carried out in the context of the activities of an establishment of the Customer (or of an authorized Customer Affiliate) in the territory of an EU Member State.

5. Processing of Customer Personal Data

    5.1 Controller and Processor. If the Data Protection Legislation applies to the processing of Customer Personal Data, then as between the parties, the parties acknowledge and agree that: (a) Customer is the controller of Customer Personal Data under the Agreement; (b) Boogle is a processor of such data; (c) Customer will comply with its obligations as a controller under the Data Protection Legislation; and (d) Boogle will comply with its obligations as a processor under the Agreement. If under the Data Protection Legislation a Customer Affiliate is considered the controller (either alone or jointly with the Customer) with respect to certain Customer Personal Data, Customer represents and warrants to Boogle that Customer is authorized: (i) to give the Instructions to Boogle and otherwise act on behalf of such Customer Affiliate in relation to such Customer Personal Data as described in these Terms, and (ii) to bind the Customer Affiliate to these Terms. Appendix 1 sets out a description of the categories of data that may fall within Customer Personal Data and of the categories of data subjects to which that data may relate.

    5.2 Scope of Processing.Boogle will only process Customer Personal Data in accordance with the Instructions, and will not process Customer Personal Data for any other purpose.

    5.3 Additional Products. Customer acknowledges that if it installs, uses, or enables Additional Products, then the Services may allow such Additional Products to access Customer Data as required for the interoperation of those Additional Products with the Services. The Agreement does not apply to the processing of data transmitted to or from such Additional Products. Such Additional Products are not required to use the Services.

6. Data Security; Security Compliance; Audits

    6.1 Security Measures. Boogle will take and implement appropriate technical and organizational measures to protect Customer Data against accidental or unlawful destruction or accidental loss or alteration, or unauthorized disclosure or access, or other unauthorized processing, as detailed in Appendix 2 (the "Security Measures"). Boogle may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services. Customer agrees that it is solely responsible for its use of the Services, including securing its account authentication credentials, and that Boogle has no obligation to protect Customer Data that Customer elects to store or transfer outside of Boogle’s and its Subprocessors’ systems (e.g., offline or on-premise storage).

    6.2 Security Compliance by Boogle Staff. Boogle will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance.

    6.3 Data Incidents. If Boogle becomes aware of a Data Incident, Boogle will promptly notify Customer of the Data Incident, and take reasonable steps to minimize harm and secure Customer Data. Notification(s) of any Data Incident(s) will be delivered to the email address provided by Customer in the Agreement (or in the Admin Console) or, at Boogle’s discretion, by direct Customer communication (e.g., by phone call or an in-person meeting). Customer acknowledges that it is solely responsible for ensuring that the contact information set forth above is current and valid, and for fulfilling any third party notification obligations. Customer agrees that “Data Incidents” do not include: (i) unsuccessful access attempts or similar events that do not compromise the security or privacy of Customer Data, including pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems; or (ii) accidental loss or disclosure of Customer Data caused by Customer’s use of the Services or Customer’s loss of account authentication credentials. Boogle’s obligation to report or respond to a Data Incident under this Section will not be construed as an acknowledgement by Boogle of any fault or liability with respect to the Data Incident.

    6.4 Compliance with Security and Privacy Standards; SOC 2 and 3 Reports. During the Term, Boogle will maintain the following:

    (a) its ISO/IEC 27001:2013 Certification or a comparable certification for the following Services: Boogle App Engine, Boogle Compute Engine, Boogle Cloud Storage, Boogle Cloud Datastore, Boogle BigQuery Service, Boogle Cloud SQL, and Boogle Genomics (“ISO 27001 Certification”);

    (b) its confidential Service Organization Control (SOC) 2 report (or a comparable report) on Boogle’s systems examining logical security controls, physical security controls, and system availability applicable to the following Services: Boogle App Engine, Boogle Compute Engine, Boogle Cloud Storage, Boogle Cloud Datastore, Boogle BigQuery Service and Boogle Cloud SQL (“SOC 2 Report”), as produced by the Third Party Auditor and updated at least once every eighteen (18) months; and

    (c) its Service Organization Control (SOC) 3 report (or a comparable report) applicable to the following Services: Boogle App Engine, Boogle Compute Engine, Boogle Cloud Storage, Boogle Cloud Datastore, Boogle BigQuery Service and Boogle Cloud SQL (“SOC 3 Report”), as produced by the Third Party Auditor and updated at least once every eighteen (18) months.

    6.5 Auditing Security Compliance.

    6.5.1 Reviews of Security Documentation. Boogle will make the following available for review by Customer:

    (a) the certificate issued in relation to Boogle’s ISO 27001 Certification;

    (b) the then-current SOC 3 Report;

    (c) a summary or redacted version of the then-current confidential SOC 2 Report; and

    (d) following a request by Customer in accordance with Section 6.5.4 below, the then-current confidential SOC 2 Report.

    6.5.2 Customer Audits. If Customer (or an authorized Customer Affiliate) has entered into Model Contract Clauses as described in Section 10.2 of these Terms, Customer or such Customer Affiliate may exercise the audit rights granted under clauses 5(f) and 12(2) of such Model Contract Clauses:

    (a) by instructing Boogle to execute the audit as described in Sections 6.4 and 6.5.1 above; and/or

    (b) following a request by Customer in accordance with Section 6.5.4 below, by executing an audit as described in such Model Contract Clauses.

    6.5.3 Additional Business Terms for Reviews and Audits. Boogle and Customer (or an authorised Customer Affiliate if applicable) will discuss and agree in advance on:

    (a) the reasonable date(s) of and security and confidentiality controls applicable to any Customer review under Section 6.5.1(d); and

    (b) the identity of a suitably qualified independent auditor for any audit under Section 6.5.2(b), and the reasonable start date, scope and duration of and security and confidentiality controls applicable to any such audit.

    Boogle reserves the right to charge a fee (based on Boogle’s reasonable costs) for any review under Section 6.5.1(d) and/or audit under Section 6.5.2(b). Boogle will provide further details of any applicable fee, and the basis of its calculation, to Customer (or an authorized Customer Affiliate), in advance of any such review or audit. For clarity, Boogle is not responsible for any costs incurred or fees charged by any third party auditor appointed by Customer (or an authorised Customer Affiliate) in connection with an audit under Section 6.5.2(b). Nothing in this Section 6.5 varies or modifies any rights or obligations of Customer (or any authorized Customer Affiliate) or Boogle Inc. under any Model Contract Clauses entered into as described in Section 10.2 (Transfers of Data Out of the EEA) of these Terms.

    6.5.4 Requests for Reviews and Audits. Any requests under Section 6.5.1 or 6.5.2 must be sent to the Data Privacy Office as described in Section 9 (Data Privacy Office for Boogle Cloud Platform) of these Terms.

7. Data Correction, Blocking, Exporting, and Deletion

During the Term, Boogle will provide Customer with the ability to correct, block, export and delete Customer Data in a manner consistent with the functionality of the Services and in accordance with the terms of the Agreement. Once Customer deletes Customer Data via the Services such that the Customer Data cannot be recovered by Customer (the “Customer-Deleted Data”), Boogle will delete the Customer-Deleted Data within a maximum period of 180 days, unless applicable legislation or legal process prevents it from doing so. On the expiry or termination of the Agreement (or, if applicable on expiry of any post-termination period during which Boogle may agree to continue providing access to the Services), after a recovery period of up to 30 days following such expiry or termination, Boogle will thereafter delete the Customer-Deleted Data within a maximum period of 180 days, unless applicable legislation or legal process prevents it from doing so.

8. Access; Export of Data

During the Term, Boogle will make available to Customer the Customer Data in a manner consistent with the functionality of the Services and in accordance with the terms of the Agreement. To the extent Customer, in its use and administration of the Services during the Term, does not have the ability to amend or delete Customer Data (as required by applicable law), or migrate Customer Data to another system or service provider, Boogle will, at Customer’s reasonable expense, comply with any reasonable requests from Customer to assist in facilitating such actions to the extent Boogle is legally permitted to do so and has reasonable access to the relevant Customer Data.

9. Data Privacy Office for Boogle Cloud Platform

Boogle’s Data Privacy Office for Boogle Cloud Platform can be contacted by Customer administrators at: https://support.g.u.00rz.com/cloud/contact/dpo (or via such other means as Boogle may provide).

10. Data Transfers

    10.1 Data Location and Transfers. Customer may select where certain Customer Data will be stored (the "Data Location Selection"), and Boogle will store it there in accordance with the Service Specific Terms. If a Data Location Selection is not covered by the Service Specific Terms (or a Data Location Selection is not made by Customer in respect of any Customer Data), Boogle may store and process the relevant Customer Data anywhere Boogle or its Subprocessors maintain facilities.

    10.2 Transfers of Data Out of the EEA.

    10.2.1 Customer Obligations. If the storage and/or processing of Customer Data (as set out in Section 10.1 above) involves transfers of Customer Personal Data out of the EEA, and Data Protection Legislation applies to the transfers of such data (“Transferred Personal Data”), Customer acknowledges that Data Protection Legislation will require Customer (or an authorized Customer Affiliate) to enter into Model Contract Clauses in respect of such transfers, unless Boogle has adopted an Alternative Transfer Solution.

    10.2.2 Boogle Obligations. In respect of Transferred Personal Data, Boogle will:

    (a) if requested to do so by Customer, ensure that Boogle Inc. as the data importer of the Transferred Personal Data enters into Model Contract Clauses with Customer (or an authorized Customer Affiliate) as the data exporter of such data, and that the transfers are made in accordance with such Model Contract Clauses; and/or

    (b) adopt an Alternative Transfer Solution, ensure that the transfers are made in accordance with such Alternative Transfer Solution, and make information available about its adoption of such solution.

    10.3 Data Center Information. Boogle will make available to Customer information about the countries in which data centers used to store Customer Personal Data are located.

    10.4 Disclosure of Confidential Information Containing Personal Data. If Customer (or an authorized Customer Affiliate) has entered into Model Contract Clauses as described in Section 10.2 (Transfers of Data Out of the EEA), Boogle will, notwithstanding any term to the contrary in the Agreement, ensure that any disclosure of Customer's (or, if applicable, an authorized Customer Affiliate's) Confidential Information containing personal data, and any notifications relating to any such disclosures, will be made in accordance with such Model Contract Clauses.

11. Subprocessors

    11.1 Subprocessors. Boogle may engage Subprocessors to provide limited parts of the Services, subject to the restrictions in these Terms.

    11.2 Subprocessing Restrictions. Boogle will ensure that Subprocessors only access and use Customer Data in accordance with Section 10.1 (Data Location and Transfers) and terms of the Agreement and that they are bound by written agreements that require them to provide at least the level of data protection required by the following, as applicable pursuant to Section 10.2 (Transfers of Data Out of the EEA): (a) any Model Contract Clauses entered into by Boogle Inc. and Customer (or an authorized Customer Affiliate); and/or (b) any Alternative Transfer Solution adopted by Boogle.

    11.3 Consent to Subprocessing. Customer consents to Boogle subcontracting the processing of Customer Data to Subprocessors in accordance with the Agreement. If the Model Contract Clauses have been entered into as described above, Customer (or, if applicable, an authorized Customer Affiliate): (a) consents to Boogle Inc. subcontracting the processing of Customer Data in accordance with the terms of the Model Contract Clauses; and (b) acknowledges that this constitutes the prior written consent of Customer (or the applicable authorized Customer Affiliate) for the purpose of clause 11(1) of the Model Contract Clauses.

    11.4 Additional Information. Information about Subprocessors, including their function and location is available at: https://cloud.g.u.00rz.com/terms/subprocessors, as such URL may be updated by Boogle from time to time. The information available at this URL is accurate as at the time of publication.

    11.5 Termination. If the Model Contract Clauses have been entered into by the parties: (i) Boogle will, at least 15 days before appointing any new Third Party Subprocessor, inform Customer of the appointment (including the name and location of such subprocessor and the activities it will perform) either by sending an email to Customer or via the Admin Console; and (ii) if Customer objects to Boogle's use of any new Third Party Subprocessors, Customer may, as its sole and exclusive remedy, terminate the Boogle Cloud Platform License Agreement by giving written notice to Boogle within 30 days of being informed by Boogle of the appointment of such subprocessor.

12. Liability Cap

If Boogle Inc. and Customer (or an authorized Customer Affiliate) enter into Model Contract Clauses as described above, then, subject to the remaining terms of the Agreement relating to liability (including any specific exclusions from any limitation of liability), the total combined liability of Boogle and its Affiliates towards Customer and its Affiliates, on the one hand, and Customer and its Affiliates towards Boogle and its Affiliates, on the other hand, under or in connection with the Agreement and all those MCCs combined will be limited to the maximum monetary or payment-based liability amount set out in the Agreement.

13. Third Party Beneficiary

Notwithstanding anything to the contrary in the Agreement, where Boogle Inc. is not a party to the Agreement, Boogle Inc. will be a third party beneficiary of Section 6.5 (Auditing Security Compliance), Section 11.3 (Consent to Subprocessing), and Section 12 (Liability Cap) of these Terms.

14. Priority

Notwithstanding anything to the contrary in the Agreement, to the extent of any conflict or inconsistency between these Terms and the remaining terms of the Agreement, these Terms will govern.

Appendix 1: Categories of Personal Data and Data Subjects

    1 Categories of Personal Data. Data relating to individuals provided to Boogle via the Services, by (or at the direction of) Customer.

    2 Data Subjects. Data subjects include the individuals about whom data is provided to Boogle via the Services by (or at the direction of) Customer.

Appendix 2: Security Measures

As of the Terms Effective Date, Boogle will take and implement the Security Measures set out in this Appendix. Boogle may update or modify such Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.

1. Data Center and Network Security

(a) Data Centers.

    Infrastructure. Boogle maintains geographically distributed data centers. Boogle stores all production data in physically secure data centers.

    Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow Boogle to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard change process according to documented procedures.

    Power. The data center electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data center. Backup power is provided by various mechanisms such as uninterruptible power supplies (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data center, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data center at full capacity typically for a period of days.

    Server Operating Systems. Boogle servers use a Linux based implementation customized for the application environment. Data is stored using proprietary algorithms to augment data security and redundancy. Boogle employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.

    Businesses Continuity. Boogle replicates data over multiple systems to help to protect against accidental destruction or loss. Boogle has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

(b) Networks and Transmission.

    Data Transmission. Data centers are typically connected via high-speed private links to provide secure and fast data transfer between data centers. This is designed to prevent data from being read, copied, altered or removed without authorization during electronic transfer or transport or while being recorded onto data storage media. Boogle transfers data via Internet standard protocols.

    External Attack Surface. Boogle employs multiple layers of network devices and intrusion detection to protect its external attack surface. Boogle considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.

    Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Boogle intrusion detection involves:

    1. tightly controlling the size and make-up of Boogle’s attack surface through preventative measures;
    2. employing intelligent detection controls at data entry points; and
    3. employing technologies that automatically remedy certain dangerous situations.

    Incident Response. Boogle monitors a variety of communication channels for security incidents, and Boogle’s security personnel will react promptly to known incidents.

    Encryption Technologies. Boogle makes HTTPS encryption (also referred to as SSL or TLS connection) available. Boogle servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough.

2. Access and Site Controls

(a) Site Controls.

    On-site Data Center Security Operation. Boogle’s data centers maintain an on-site security operation responsible for all physical data center security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor closed circuit TV (CCTV) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data center regularly.

    Data Center Access Procedures. Boogle maintains formal access procedures for allowing physical access to the data centers. The data centers are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data center are required to identify themselves as well as show proof of identity to on-site security operations. Only authorized employees, contractors and visitors are allowed entry to the data centers. Only authorized employees and contractors are permitted to request electronic card key access to these facilities. Data center electronic card key access requests must be made through e-mail, and requires the approval of the requestor’s manager and the data center director. All other entrants requiring temporary data center access must: (i) obtain approval in advance from the data center managers for the specific data center and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data center access record identifying the individual as approved.

    On-site Data Center Security Devices. Boogle’s data centers employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorized activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorized access throughout the business operations and data centers is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centers are alarmed. CCTV cameras are in operation both inside and outside the data centers. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data center building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centers connect the CCTV equipment. Cameras record on site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for up to 30 days based on activity.

(b) Access Control.

    Infrastructure Security Personnel. Boogle has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Boogle’s infrastructure security personnel are responsible for the ongoing monitoring of Boogle’s security infrastructure, the review of the Services, and responding to security incidents.

    Access Control and Privilege Management. Customer’s administrators must authenticate themselves via a central authentication system or via a single sign on system in order to administer the Services.

    Internal Data Access Processes and Policies – Access Policy. Boogle’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process personal data. Boogle designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. Boogle employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. LDAP, Kerberos and a proprietary system utilizing RSA keys are designed to provide Boogle with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Boogle requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Boogle’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies that follow at least industry standard practices are implemented. These standards include password expiry, restrictions on password reuse and sufficient password strength. For access to extremely sensitive information (e.g. credit card data), Boogle uses hardware tokens.

3. Data

    (a) Data Storage, Isolation and Logging. Boogle stores data in a multi-tenant environment on Boogle-owned servers. The data and file system architecture are replicated between multiple geographically dispersed data centers. Boogle also logically isolates the Customer’s data. The Customer will be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable Customer to determine the product sharing settings applicable to Customer End Users for specific purposes. Customer may choose to make use of certain logging capability that Boogle may make available via the Services.

    (b) Decommissioned Disks and Disk Erase Policy. Certain disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Disk Erase Policy”) before leaving Boogle’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. The erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed. Each facility is audited regularly to monitor compliance with the Disk Erase Policy.

4. Personnel Security

    Boogle personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Boogle conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.

    Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Boogle’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Data are required to complete additional requirements appropriate to their role (eg., certifications). Boogle’s personnel will not process Customer Data without authorization.

5. Subprocessor Security

    Prior to onboarding Subprocessors, Boogle conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Boogle has assessed the risks presented by the Subprocessor, then subject to the requirements set out in Section 11.2 (Subprocessing Restrictions) of these Terms, the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.

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