ALEXA GDPR DATA PROCESSING ADDENDUM

This Data Processing Addendum (“DPA”) is between Amazon EU Core Sarl (“Amazon”) and Developer and supplements and is made a part of the Amazon Developer Services Agreement, available at https://developer.amazon.com/support/legal/da, as updated from time to time (the “Agreement”). All capitalized terms used, but not defined, in this DPA have the meaning given to them in the Agreement.

  1. Definitions. As used in this DPA, the following terms have the meanings below:

    1. “Developer-Controlled Customer Data” means personal data (as defined in the GDPR) that Developer transmits, or causes to be transmitted, to Amazon (in accordance with the applicable Program Materials) for processing by the Processing Services.

    2. “GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), including as implemented or adopted under the laws of the United Kingdom.

    3. “Processing Services” means services provided by Amazon to Developer under the Agreement that are specifically designated in the Agreement as being subject to this DPA.

    4. "Standard Contractual Clauses” mean Annex 2, attached to and forming part of this DPA pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC and/or the new set of Standard Contractual Clauses expected to be released by the European Commission.

  2. Data Processing.

    1. “Scope and Roles.” This DPA applies only when Amazon processes Developer-Controlled Customer Data protected by the GDPR that has been submitted to a Processing Service. In this context, Amazon will act as “processor” to Developer who will act as “controller” with respect to Developer-Controlled Customer Data (as “controller” and “processor” are defined in the GDPR). This DPA does not apply to any other processing of data by Amazon or its Affiliates in connection with the Agreement, including any circumstance in which Amazon acts as controller with respect to personal data.

    2. “Developer Controls.” The Processing Services provide Developer with a number of controls that Developer may use to manage, retrieve, correct, or delete Developer-Controlled Customer Data as described in the Documented Instructions. Developer may use these controls as technical and organizational measures to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects.

    3. “Details of Data Processing.”

      1. “Subject matter.” The subject matter of the data processing under this DPA is Developer-Controlled Customer Data.

      2. “Duration.” As between Amazon and Developer, the duration of the data processing under this DPA is until termination in accordance with Clause 13.

      3. “Purpose.” The purpose of the data processing under this DPA is the provision of the Processing Services initiated by Developer from time to time.

      4. “Nature of the processing.” Computing, storage and such other Processing Services as described in the Documented Instructions and initiated by Developer from time to time.

      5. “Type of Developer-Controlled Customer Data.” Developer-Controlled Customer Data that Developer transmits, or causes to be transmitted, to the Processing Services.

      6. “Categories of data subjects.” the data subjects may include Developer’s customers and end users.

    4. "Compliance with Laws” Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of the DPA, including the GDPR.

  3. Developer Instructions. The parties agree that this DPA, the Agreement (including all Schedules), the Program Materials, and the configurations and commands Developer submits to a Processing Service via the applicable Program Materials (e.g., API calls to delete certain data) constitute Developer’s documented instructions regarding Amazon’s processing of Developer-Controlled Customer Data (“Documented Instructions”). Amazon will process Developer-Controlled Customer Data only in accordance with Documented Instructions. Additional instructions outside the scope of the Documented Instructions (if any) require prior written agreement between Amazon and Developer, including agreement on any additional fees payable by Developer to Amazon for carrying out such instructions. Developer is entitled to terminate the Processing Services if Amazon declines to follow instructions requested by Developer that are outside the scope of, or changed from, those given or agreed to be given in this DPA.

  4. Confidentiality of Developer-Controlled Customer Data. Amazon will not access or use, or disclose to any third party, any Developer-Controlled Customer Data, except, in each case, as necessary to maintain or provide the Processing Services, or as necessary to comply with the law or a valid and binding order of a governmental body (such as a subpoena or court order). If a governmental body sends Amazon a demand for Developer-Controlled Customer Data, Amazon will attempt to redirect the governmental body to request that data directly from Developer. As part of this effort, Amazon may provide Developer’s basic contact information to the governmental body. If compelled to disclose Developer-Controlled Customer Data to a governmental body, then Amazon will give Developer reasonable notice of the demand to allow Developer to seek a protective order or other appropriate remedy unless Amazon is legally prohibited from doing so. If the Standard Contractual Clauses apply, nothing in this Section 4 varies or modifies the Standard Contractual Clauses.

  5. Confidentiality Obligations of Amazon Personnel. Amazon restricts its personnel from processing Developer-Controlled Customer Data without authorization by Amazon. Amazon imposes appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.

  6. Security of Data Processing.

    1. Amazon has implemented and will maintain technical and organizational measures to secure Developer-Controlled Customer Data, including protection against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access of or to that data. In assessing the appropriate level of security, Amazon has taken account of the risks associated with the Processing Services, the nature of the Developer-Controlled Customer Data, and the nature, scope, context and purposes of the Processing Services. The security measures Amazon has implemented include those described in the Amazon Security Standards in Annex 1.

    2. At least 30 days prior to implementing changes to measures described in the Amazon Security Standards that, in Amazon’s reasonable opinion, may materially degrade the security of the Processing Services, Amazon will provide notice of such changes to Developer. If Developer does not consent to such changes, Developer may terminate this DPA.

  7. Sub-processing.

    1. Authorized Sub-processors. Developer agrees that Amazon may use sub-processors to fulfill its contractual obligations under this DPA or to provide certain services on its behalf, such as providing support services. Developer consents to Amazon’s use of sub-processors as described in this Section. The list of sub-processors that are currently engaged by Amazon to carry out processing activities on Developer-Controlled Customer Data is posted at [URL]. At least 30 days before Amazon engages any new sub-processor to carry out processing activities on Developer-Controlled Customer Data on behalf of Developer, Amazon will notify Developer. If Developer does not consent to a new sub-processor, Developer may terminate this DPA. Except as set forth in this Section, or as Developer may otherwise authorize, Amazon will not permit any sub-processor to carry out processing activities on Developer-Controlled Customer Data on behalf of Developer.

    2. Sub-processor Obligations. Where Amazon authorizes any sub-processor as described in Section 7.1:

      1. Amazon will restrict the sub-processor’s access to Developer-Controlled Customer Data only to what is necessary to maintain the Processing Services or to provide the Processing Services to Developer and any end users in accordance with the Documented Instructions and Amazon will prohibit the sub-processor from accessing Developer-Controlled Customer Data for any other purpose;

      2. Amazon will enter into a written agreement with the sub-processor and, to the extent that the sub-processor is performing the same data processing services that are being provided by Amazon under this DPA, Amazon will impose on the sub-processor contractual obligations that are no less onerous than those Amazon is required to comply with under this DPA; and

      3. Amazon will remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the sub-processors that cause Amazon to breach any of Amazon’s obligations under this DPA.

  8. Data Subject Rights . Taking into account the nature of the Processing Services, Amazon offers Developer certain controls as described in Section 1.2 that Developer may elect to use to comply with its obligations towards data subjects. Should a data subject contact Amazon with regard to correction or deletion of its personal data, Amazon will use commercially reasonable efforts to forward such requests to Developer.

  9. Security Breach Notification.

    1. Security Incident. Amazon will (a) notify Developer of any breach of Amazon’s security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access of or to Developer-Controlled Customer Data (“Security Incident”) without undue delay after becoming aware of the Security Incident and (b) take reasonable steps to mitigate the effects and to minimize any damage resulting from the Security Incident. Amazon reporting or responding to a Security Incident is not and will not be construed as an acknowledgement by Amazon of any fault or liability of Amazon with respect to the Security Incident.

    2. Amazon Assistance. To assist Developer in relation to any Security Incident notifications Developer is required to make under the GDPR, Amazon will include in the notification under Section 9.1 such information about the Security Incident as Amazon is reasonably able to disclose to Developer, taking into account the information available to Amazon, the nature of the Processing Services, and any restrictions on disclosing the information, such as confidentiality. Subject to those limitations, this may include the details of a contact point where more information concerning Security Incident can be obtained, a description of the nature of the Security Incident (including, where possible, categories and approximate number of data subjects and data records concerned), the likely consequences and the measures taken or proposed to mitigate possible adverse effects. Where it is not possible to provide all information at the same time, further information shall be provided without undue delay as it becomes available.

  10. Information Requests; Audits.

    1. Information Requests. Upon reasonable request, Amazon shall assist Developer by providing additional information regarding the Processing Services, including information regarding Amazon’s technical and organizational measures that is reasonably necessary for the Developer to comply with its obligations under Article 32 of the GDPR. To submit a request to Amazon for additional information, Developer must identify in writing the information requested and the underlying legal requirement for the request (an “Information Request”). Within a reasonable time after Amazon has received and reviewed the Information Request, the parties will discuss and work in good faith towards agreeing on a plan to determine the details of how the Information Request can be addressed. The parties agree to use the least intrusive means for Amazon to verify its compliance ‎with its obligations under this Addendum, taking into account the applicable legal requirements, the nature of the Processing Services, and the urgency of the matter, as well as the need for Amazon to maintain the security of its facilities, maintain uninterrupted business operation, protect itself and its customers from risk and to prevent disclosure of information that would jeopardise the confidentiality of Amazon information.

    2. Third-Party Auditors. If Amazon and Developer agree that a third party auditor shall address an Information Request, then Developer may select such auditor from a list of qualified auditors provided by Amazon. Developer will be solely responsible for all costs and expenses related to the auditor and its work.

    3. Privacy Impact Assessment and Prior Consultation. Taking into account the nature of the Processing Services and the information available to Amazon, Amazon will assist Developer in complying with Developer’s obligations with respect to data protection impact assessments and prior consultation pursuant to Articles 35 and 36 of the GDPR, by providing the information Amazon makes available under this Section 10.

    4. Confidentiality. All information provided to Developer or any auditor in connection with any Information Requests will constitute Amazon’s confidential information under the confidentiality provisions of the Agreement.

  11. Transfers of Personal Data.

    1. Geographic Locations. Developer directs Amazon to process Developer-Controlled Customer Data in the countries specified in the Documented Instructions, including the countries listed here [link], and, to the extent necessary to provide the Processing Services, in any other country in which Developer makes available products or services that use the Processing Services. Amazon may transfer Developer-Controlled Customer Data to and from those countries in connection with the Processing Services. Amazon will not otherwise transfer Developer-Controlled Customer Data except as necessary to provide the Processing Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses. Amazon will provide notice to Developer of changes to the locations of processing specified in the Documented Instructions at least 30 days prior to the change. If Developer does not consent to those changes, Developer may terminate this DPA.

    2. Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Developer-Controlled Customer Data that is transferred , either directly or via onward transfer, to any third country within the meaning of the GDPR not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR), provided that Developer is established in the European Economic Area (the “EEA”) or, as long as the UK is not a third country within the meaning of the GDPR, provided that Developer is established in the UK. Notwithstanding the foregoing, the Standard Contractual Clauses (or obligations the same as those under the Standard Contractual Clauses) will not apply if Amazon has adopted Binding Corporate Rules for Processors or an alternative recognized compliance standard for the lawful transfer of personal data (as defined in the GDPR) to third countries within the meaning of the GDPR.

  12. Return or Deletion of Developer-Controlled Customer Data. The Processing Services provide Developer with controls that Developer may use to retrieve or delete Developer-Controlled Customer Data in Amazon’s possession as described in the Documented Instructions.

  13. Termination of the DPA. This DPA shall continue in force until the termination of Developer’s use of the Processing Services. Developer may terminate this DPA by (i) instructing Amazon to delete all Developer-Controlled Customer Data via the applicable controls Amazon makes available for that purpose and (ii) ceasing all further use of the Processing Services.

  14. Governing Law. This DPA will be governed by the laws of the Grand Duchy of Luxembourg, without reference to rules governing choice of laws or the U.N. Convention on contracts for the international sale of goods. Developer consents to and waives any objection to the exclusive jurisdiction and venue of the courts in the district of Luxembourg City with respect to any claims, suits or proceedings arising out of or in connection with this agreement or the transactions contemplated hereby. However, Amazon may seek injunctive (or similar) remedies in any jurisdiction.

  15. Annex 1

    Amazon Security Standards

    Capitalized terms not otherwise defined in this Annex have the meanings given to them in the Agreement.

    1. Amazon Network. The “Amazon Network” means Amazon’s data center facilities, servers, networking equipment, and software systems that are within Amazon’s control and are used to provide the Processing Services. The Amazon Network does not include, without limitation, any devices or software of end users or any element of the internet services or infrastructure Developer or Developer’s end users use to access the Processing Services.

    2. Information Security Program. Amazon maintains an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) secure and help Developer secure (as applicable) Developer-Controlled Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, (b) identify reasonably foreseeable and internal risks to security and unauthorized access to the Amazon Network, and (c) minimize security risks, including through risk assessment and regular testing. Amazon has designated one or more employees to coordinate and be accountable for the information security program. The information security program will include the measures described in this Annex.

    3. Network Security.

      1. Network Access Controls. The Amazon Network will be electronically accessible to employees, contractors and other persons as necessary to provide the Processing Services. Amazon will maintain access controls and policies to manage what access is allowed to the Amazon Network from each network connection and user, including: (a) use of firewalls or functionally equivalent technology to protect Developer-Controlled Customer Data accessible via the internet, (b) access controls in relation to the access of Developer-Controlled Customer Data on the Amazon Network that adhere to the principles of “segregation of duties” and “least privilege” and (c) use of multi-factor authentication for remote access to Developer-Controlled Customer Data.

      2. Encryption. Amazon will encrypt Developer-Controlled Customer Data where appropriate, including circumstances where Amazon transmits Developer-Controlled Customer Data outside the Amazon Network.

      3. Updates. Amazon will maintain a process to apply applicable updates, upgrades, bug fixes, and other necessary modifications to the systems and software of the Amazon Network.

      4. Audit Logs. Amazon will collect, manage, and analyze audit logs of events to help detect, investigate, and recover from unauthorized activity that may affect Developer-Controlled Customer Data.

    4. Physical Security.

      1. Physical Access Controls. Amazon employs safeguards at its physical facilities where Processing Services are performed (“Facilities”) to protect the Amazon Network. Physical barrier controls are used to prevent unauthorized entrance to the Facilities. Passage through the physical barriers at the Facilities requires either electronic access control validation (e.g., card access systems) or validation by human personnel. Employees and contractors are assigned photo-ID badges that must be worn while the employees and contractors are at any of the Facilities. Visitors are required to sign-in with designated personnel, must show appropriate identification, are assigned a visitor ID badge that must be worn while the visitor is at any of the Facilities, and are continually escorted by authorized employees or contractors while visiting the Facilities.

      2. Physical Security Protections. All access points (other than main entry doors) are maintained in a secured (locked) state. Access points to the Facilities are monitored by video surveillance cameras. Amazon maintains electronic intrusion detection systems designed to detect unauthorized access to the Facilities.

    5. Personnel Security. Amazon employees with access to Developer-Controlled Customer Data are required to abide by Amazon’s guidelines regarding confidentiality, business ethics, data access, and professional standards. Employees are required to execute a confidentiality agreement and to participate in confidentiality and security trainings.

    6. Continued Evaluation. Amazon will conduct periodic reviews of the security of the Amazon Network and Facilities and the adequacy of its information security program. Amazon will regularly evaluate the security of the Amazon Network and Facilities associated with the Processing Services to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews or other information.

    7. Annex 2

      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

      The entity identified as “Developer” in the DPA

      (the “data exporter”)

      and

      Amazon EU Core Sarl

      410 Terry Avenue North, Seattle, WA 98109-5210, USA.

      (the “data importer”)

      each a “party”; together “the parties”,

      HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

      Clause 1

      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[1]

      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.

      [1] Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.

      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 TO THE STANDARD CONTRACTUAL CLAUSES

      Data exporter

      The data exporter is the entity identified as “Developer” in the DPA

      Data importer

      The data importer is Amazon Web Services, Inc., a provider of digital services.

      Data subjects

      Data subjects are defined in Section 1.3 of the DPA.

      Categories of data

      The personal data is defined in Section 1.3 of the DPA.

      Processing operations

      The personal data transferred will be subject to the following basic processing activities (please specify):

      The processing operations are defined in Section 1.3 of the DPA.

      APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES

      This Appendix forms part of the Clauses and must be completed and signed by the parties. By signing the signature page on page 1 of this DPA, the parties will be deemed to have signed this Appendix 2.

      Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

      The technical and organisational security measures implemented by the data importer are as described in the DPA.