Data processing addendum

Last Updated: November 29, 2018

This Data Processing Addendum (“Data Processing Addendum” or “DPA”) is effective from November 29, 2018 (the “Effective Date”)

Elastic Projects, Inc. (“Elastic Projects”, “we”, “our”, or “us”) and the non-Elastic Projects legal entity agreeing to this DPA (“Customer”, “you”, or “your”) enter into this Data Processing Addendum by executing or accepting one or more agreements related to Elastic Projects’ provision of its Services to Customer (the “Services Agreement(s)”). “Services” will be as defined in such Services Agreement.

If we Process any personal data (each as defined below) provided by you that originates from individuals located in the EEA, this DPA will apply to the Processing of such Customer Personal Data (as defined below). If there is a conflict between any of the terms of this DPA and the terms of the applicable Services Agreement, the provisions of this DPA will govern.

  1. Our approach to privacy

    Unless otherwise set out below, each capitalised term in this DPA shall have the meaning set out in the Agreement, and the following capitalised terms used in this DPA shall be defined as follows:
    1. “Data Exporter” or “Controller” means the controller who transfers the personal data.
    2. “Customer Personal Data” means the “personal data” (as defined in the GDPR) described in Appendix 1 and any other personal data that we process on behalf of the Customer in connection with our provision of the Services.
    3. “Data Protection Laws” means the Directive, any applicable national implementing legislation including, and in each case as amended, replaced or superseded from time to time, including without limitation by the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR“) and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Customer Personal Data.
    4. “Data Subject” has the meaning given in the GDPR.
    5. “Directive” means 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.
    6. “European Economic Area” or “EEA” means the Member States of the European Union together with Iceland, Norway, and Liechtenstein.
    7. “Processing” has the meaning given in the Directive, and “Process” will be interpreted accordingly.
    8. “Data Importer” or “Processor” 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.
    9. “Security Incident” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, any Customer Personal Data.
    10. “Standard Contractual Clauses” means the Standard Contractual Clauses (processors) approved by European Commission Decision C (2010)593 set out below or any subsequent version thereof released by the European Commission (which will automatically apply), and which includes Appendix 1 (Details of the Transfer), and Appendix 2 (Technical and Organizational Measures), both as attached below.
    11. “Subprocessor” means certain third-party service providers that Elastic Projects retains to support the delivery of the Services that may store and process Customer Personal Data.
    12. “Supervisory Authority” has the meaning given in the GDPR.

  2. Data Processing

    1. Location of Data Processing: You understand and agree that we may transfer, store, and otherwise process Customer Personal Data in databases and with Subprocessors located in the United States.
    2. Instructions for Data Processing: We will only Process Customer Personal Data in accordance with your written instructions (which include Processing in accordance with the Services Agreement), unless Processing is required by European Union or Member State law to which we may be subject. The Services Agreement and this DPA is your complete and final instructions to us in relation to the processing of Customer Personal Data. Processing outside the scope of this DPA or the Services Agreement will require prior written agreement between both parties regarding additional instructions for Processing.
    3. Required Consents: Customer will ensure that it has obtained/will obtain all necessary consents for the Processing of Customer Personal Data as necessary for Elastic to provide the Services as contemplated in the Services Agreement.
    4. This privacy policy applies to our use of your personal information when we act as a controller of that personal information.
    5. International Transfers of Personal Data: To the extent that the Processing of Customer Personal Data by us involves the export of such Personal Data to a country or territory outside the EEA, other than a country or territory ensuring an adequate level of protection for the rights and freedoms of Data Subjects in relation to the Processing of Personal Data as determined by the European Commission (an “International Transfer”), such transfer will be governed by the Standard Contractual Clauses attached below. In the event of any conflict between any terms in the Standard Contractual Clauses, this DPA, and the Agreement, the Standard Contractual Clauses will govern.

  3. Subprocessors

    1. Authorized Subprocessors: The parties understand and agree that Elastic Projects uses certain Subprocessors. We currently use the following Subprocessors to support our delivery of the Services: https://www.abstract.com/help/legal-security/sub-processors/. Your agreement to this DPA constitutes consent (in accordance with Clause 5(h) of the Standard Contract Clauses) to our Subcontractors Processing Customer Personal Data. Prior to engaging any Subprocessor, we perform diligence to evaluate their privacy, security and confidentiality practices, and we execute an agreement implementing applicable obligations to ensure, if applicable, that such Subprocessor is storing and processing Personal Data in conformance with our privacy and security obligations under this Agreement.  As our business grows and evolves, the Subprocessors we engage may also change. We will notify you in writing of any additional or replacement Subprocessors, along with posting such updates to the URL above (or a successor site), before we appoint such Subprocessor. If you object to a Subprocessor, you have the right to object to such Subprocessor in writing within thirty (30) days of the date of our notice to you and any other rights regarding our amendment of our Subprocessor list as stated under your applicable Services Agreement. If the Customer’s objection remains unresolved sixty (60) days after it was raised, and we have not received any notice of termination, Customer is deemed to have accepted the Subprocessor.
    2. Subprocessors’ Processing of Customer Personal Information: Except as stated in Section 3.1 above, we will not permit, allow or otherwise facilitate Subprocessors to Process Customer Personal Data without the prior written consent of Customer and unless we enter into a written agreement with the Subprocessor which imposes the same obligations on the Subprocessor with regard to their Processing of Customer Personal Data, as are imposed on us under this DPA.
    3. Liability of Subprocessors: We will at all times remain responsible for compliance with our obligations under the DPA and will be liable to the Customer for the acts and omissions of any Subprocessor approved by the Customer as if they were our acts and omissions.
    4. Subprocessor Agreements: Regardless of any other terms the parties may agree to, as long as we comply with the terms of Sections 3.1 – 3.3 above, you agree that we will not be required to provide you with our agreements with our Subprocessors and there will be no requirement that you be a third-party beneficiary of such agreements.

  4. Data security, audits and security notifications

    1. Elastic Security Obligations: 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, we will implement appropriate technical and organizational measures to ensure a level of security appropriate to such risk, including the measures set out in Appendix 2. Upon request by the Customer, we will make available information reasonably necessary to demonstrate compliance with this DPA.
    2. Security Incident Notification: If we or any Subprocessor become aware of a Security Incident we will (a) notify the Customer of the Security Incident within seventy-two (72) hours, (b) investigate the Security Incident and provide such reasonable assistance to any law enforcement or regulatory official as required to investigate the Security Incident, and (c) take steps to remedy any non-compliance with this DPA.

  5. Access requests and data subject rights

    1. Data Subject Requests: Except as required (or where prohibited) under applicable law, we will notify the Customer of any request received by us or any Subprocessor from a Data Subject regarding their personal data included in the Customer Personal Data, and will not respond to the Data Subject. We will provide the Customer with the ability to correct, delete, block, access or copy the Customer Personal Data as permitted by the functionality of the Services.
    2. Government Disclosure: We will notify the Customer of any request for the disclosure of Customer Personal Data by a governmental or regulatory body or law enforcement authority (including any data protection supervisory authority) unless otherwise prohibited by law or a legally binding order of such body or agency.
    3. Data Subject Rights: Where applicable, and taking into account the nature of the Processing, we will use all reasonable endeavors to assist the Customer by implementing any other appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to respond to requests for exercising Data Subject rights laid down in the GDPR.

  6. Data protection impact assessment and prior consultation

    To the extent required under applicable Data Protection Laws, we will provide reasonable assistance to the Customer with any data protection impact assessments and with any consultations to any Supervisory Authority of the Customer, in each case solely in relation to Processing of Customer Personal Data and taking into account the nature of the Processing and information available to us.

  7. Termination

    1. Deletion of data: Subject to section 7.3 below, we will, within 90 (ninety) days of the date of termination of the Agreement:
      1. Return, at Customer’s request, or delete (including all copies of) all Customer Personal Data Processed by us; and
      2. use all reasonable efforts to ensure that our Subprocessors delete all Customer Personal Data Processed by such Subprocessors.
    2. Retention of Personal Data: Elastic Projects and its Subprocessors may retain Customer Personal Data to the extent required by applicable laws and only to the extent and for such period as required by applicable laws and always provided that we continue to keep such Customer Personal Data confidential in accordance with the Services Agreement.
    3. Exceptions: You understand and agree that we are unable to return or delete information, which may include personal data, in comments, annotations or other derivative works created by the Customer and contained within Sketch files (“Comments”). Customer acknowledges the foregoing and agrees not to include any personal data within such Comments. If we breach our obligations under this DPA (including the Standard Contract Clauses) you may terminate the Services Agreement, but only in accordance with the termination for breach provisions contained therein.

Standard contractual clauses (processors)

For the purposes of this Appendix 1, references to the “data exporter” and “data importer” shall be to the Customer and to Elastic respectively (each a “party“; together “the parties“).

Clause 1
Definitions

For the purposes of the Clauses:

  1. ‘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;
  2. ‘the data exporter’ means the controller who transfers the personal data;
  3. ‘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;
  4. ‘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;
  5. ‘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;
  6. ‘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

  1. 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.
  2. 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.
  3. 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.
  4. 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:

  1. 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;
  2. 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;
  3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
  4. 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;
  5. that it will ensure compliance with the security measures;
  6. 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;
  7. 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;
  8. 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;
  9. 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
  10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5
Obligations of the data importer

The data importer agrees and warrants:

  1. 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;
  2. 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;
  3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
  4. that it will promptly notify the data exporter about:
    1. 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,
    2. any accidental or unauthorised access, and
    3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
  5. 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;
  6. 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;
  7. 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;
  8. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
  9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
  10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6
Liability

  1. 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.
  2. 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.
  3. 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

  1. 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:
    1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
    2. to refer the dispute to the courts in the Member State in which the data exporter is established.
  2. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. 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.
  2. 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

Details of the transfer

Data exporter

‍The data exporter is the Customer

‍Data importer

‍The data importer is Elastic

‍Data subjects

‍The personal data transferred concern the following categories of data subjects: the Customer’s Authorized Users, and any other persons authorised by the Customer to access and use the Services, including employees and independent contractors.

‍Categories of data

‍The personal data transferred concern the following categories of data: names, email addresses, geographic locations, and any other personal data provided by the Customer in connection with its use of the Services.

‍Processing Operations

‍The personal data transferred will be subject to the following basic processing activities: transmitting, collecting, storing and analysing data in order to provide the Services to the Customer, and any other activities related to the provision of the Services or specified in the Agreement.

Appendix 2

Security Controls

The Services include customer-configurable security controls that allow Customer to tailor the security of the Services for its own use.  These controls include:

  • Unique User identifiers (User IDs) to ensure that activities can be attributed to the responsible individual.

Software Security

The Services include effective controls to prevent the classes of software vulnerabilities relevant to the Services, the design of the services, and the software languages used in the delivery of the services.  For general web applications, these vulnerability classes include, but are not limited to:

  • SQL injection
  • Cross site scripting
  • Cross site request forgery
  • Session fixation
  • Sensitive cookies permitted to be sent over insecure channels
  • Buffer overflows
  • Command injection
  • Directory traversal
  • Insecure third-party domain access and cross domain policies
  • HTTP response splitting
  • Unauthorized privilege escalation
  • Use of HTTPS using other than SSLv3 or TLS
  • Use of SSL/TLS with null ciphers or ciphers using symmetric keys of less than 128 bits in length
  • Returning verbose error information to clients
  • Exposing cryptography errors to client (e.g. incorrect padding)
  • Arbitrary redirection

Security Procedures, Policies and Logging

The Services are operated in accordance with the following procedures to enhance security:

  • User credentials or credential equivalents stored on Elastic Projects’ third party hosting services provider’s servers or in persistent cookies are not stored in a format from which the original password can be derived (e.g. plaintext, encryptions other than one-way hashes) or easily discovered by brute force attacks given knowledge of the stored representation.
  • User access log entries will be maintained, containing date, time, User ID, URL executed or entity ID operated on, operation performed (viewed, edited, etc.) and source IP address.  Customer acknowledges that source IP address might not be available if NAT (Network Address Translation) or PAT (Port Address Translation) is used by Customer or its ISP.
  • Logging will be kept for a minimum of 90 days.
  • Logging will be kept in a secure area to prevent tampering.
  • Passwords are not logged under any circumstances.

Intrusion Detection

Elastic Projects, or an authorized third party, will monitor the Services for unauthorized intrusions using network-based intrusion detection mechanisms.

User Authentication

Access to the Services requires a valid User ID and password combination, which are encrypted via SSL while in transmission.  A random session ID cookie greater than or equal to 128 bits in length is used to uniquely identify each User.

Security Logs

Elastic Projects shall ensure that all Elastic Projects systems, including firewalls, routers, network switches and operating systems, log information to their respective system log facility or a centralized syslog server (for network systems) in order to enable the security audits referred to herein.

Incident Management

Elastic Projects maintains security incident management policies and procedures, including detailed security incident escalation procedures.  Elastic Projects will promptly notify Customer in the event Elastic Projects becomes aware of an actual or reasonably suspected unauthorized disclosure of Customer Data.

Right to Audit Reports of Security Procedures

Elastic Projects agrees that at least once per year and after any security incident in which Customer Data is accessed by or disclosed to a third party: (a) undergo an industry accepted third party audit or assessment and, upon request from Customer, will furnish evidence of successful completion of the audit or assessment; and (b) make commercially reasonable efforts to remediate any critical and high severity issues identified during any third party audit, assessments, and/or penetration tests in a timely manner.

SOC 2 Report

Subject to reasonable confidentiality obligations consistent with generally accepted industry practices regarding such report, once per year during the term of the Agreement Elastic Projects will, upon request, provide Customer with a SOC 2 Report from Elastic Projects’ third-party hosting services provider. The provision of such SOC 2 Report will be considered to fulfill the requirements of Clauses 5(f) and 12(2) of the Standard Contract Clauses.

Physical Security

Elastic Projects’ third-party hosting services provider maintains data centers that have an access system that controls access to the data center.  Such controls are designed to ensure that this system permits only authorized personnel to have access to secure areas.  Elastic Projects’ third party hosting services provider’s facility is also designed to withstand adverse weather and other reasonably predictable natural conditions, and is secured by guards and access screening.

Reliability and Backup

All networking components, SSL accelerators, load balancers, Web servers and application servers are configured in a redundant configuration.  All Customer Data is stored on a primary database server that is clustered with a backup database server for redundancy.  All Customer Data is stored on carrier-class disk storage using RAID disks and multiple data paths.  All Customer Data, up to the last committed transaction, is automatically backed up on a regular basis.

Disaster Recovery

Elastic Projects has a disaster recovery facility or facilities that are geographically remote, along with required hardware, software, and Internet connectivity, in the event Elastic Projects production facilities at the primary data center were to be rendered unavailable.

Viruses

Elastic Projects will make commercially reasonable efforts to ensure that the Services will not introduce any viruses to Customer’s systems.  Customer will make commercially reasonable efforts to ensure that content uploaded into the Services by Customer will not introduce any viruses into Elastic Projects’ systems.

Data Encryption

Elastic Projects uses industry accepted encryption products to protect Customer Data and communications during transmissions between Customer’s network and the Services, including minimum https TLS 256 bit. Elastic  Projects will encrypt data at rest using industry standard algorithms.

System Changes and Enhancements

Elastic Projects plans to enhance and maintain the Services during the term of the Agreement.  Security controls, procedures, policies and features may change or be added.  Elastic Projects will provide security controls that deliver a level of security protection that is not materially lower than that provided as of the Effective Date.



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