Data Processing Agreement

This Data Processing Addendum (“DPA”) forms part of, and is subject to, the agreement that Customer has with Airkit (the “Agreement”) if: (i) the Customer is subject to the GDPR or UK GDPR; and (ii) Airkit, in the course of providing the Services under the Agreement, Processes Personal Data (such terms defined below) on behalf of Customer. Where Airkit Processes such Personal Data on behalf of Customer the parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.

1. Definitions
2. Processing of Personal Data
3. Rights of Data Subjects
4. Sub-processors
5. Security
6. Personal Data Incident management and notification
7. Government Access Requests
8. Return and Deletion of Personal Data
9. Limitation of Liability
10. European Specific Provisions
11. Legal Effect
12. Governing Law
13. Schedule 1: Transfer Mechanisms for European Data Transfers
14. Schedule 2: Description of Processing/Transfer

Definitions

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Airkit” means the Airkit, Inc with offices at 2114 Broadway St, Redwood City, California 94063.

“Airkit Group” means Airkit and its Affiliates engaged in the Processing of Personal Data.

“Controller” means the entity which determines the purposes and means of the Processing of Personal Data.

“Customer” means the customer party to the Agreement.

“Data Protection Laws” means all laws and regulations, including laws and binding regulations of the European Union, the European Economic Area (“EEA”) and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.

“Data Subject” means the identified or identifiable person to whom Personal Data relates.

“Europe” means the European Union, the EEA, Switzerland and the United Kingdom.

“GDPR” means the Regulation (EU) 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).

“Personal Data” means any Customer Data that relates to an identified or identifiable natural person, to the extent that such information is protected as personal data under applicable Data Protection Laws.

“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Processor” means the entity which Processes Personal Data on behalf of the Controller.

“Public Authority” means a government agency or law enforcement authority, including judicial authorities.

“Security Practices Datasheet” means means the security terms and/or security practices data sheet which are applicable to the Customer as published Airkit’s website from time to time.

“Services” means the services which Airkit provides to the Customer pursuant to the terms of the Agreement.

“Standard Contractual Clauses” means Standard Contractual Clauses for the transfer of Personal Data to third countries set out in Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, as currently set out at http://data.europa.eu/eli/dec_impl/2021/914/oj.

“Sub-processor” means any entity engaged by Airkit or a member of the Airkit Group to Process Personal Data in connection with the Services.

“UK GDPR” has the meaning given in section 3 of the UK Data Protection Act 2018.

Processing of Personal Data

Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is a Controller or a Processor, Airkit is a Processor and that Airkit or members of the Airkit Group will engage Sub-processors pursuant to the requirements set forth in section 4 “Sub-processors” below.
Customer’s Processing of Personal Data. Customer shall, in its use of the Services and provision of instructions, Process Personal Data in accordance with the requirements of applicable Data Protection Law (including where the Customer is a Processor, by ensuring that the ultimate Controller does so). Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
Airkit’s Processing of Personal Data. As Customer’s Processor, Airkit shall only Process Personal Data for the following purposes: (i) Processing in accordance with the Agreement and applicable Order Documents(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email) that are consistent with the terms of the Agreement (individually and collectively, the “Purpose”). Airkit acts on behalf of and on the instructions of Customer in carrying out the Purpose.
Details of the Processing. The subject-matter of Processing of Personal Data by Airkit is as described in the Purpose in Section 2.3. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Schedule 2 (Description of Processing/Transfer) to this DPA.

Rights of Data Subjects

Data Subject Requests. Airkit shall, to the extent legally permitted, promptly notify Customer of any complaint, dispute or request it has received from a Data Subject under applicable Data Protection Law in relation to Personal Data, such as a Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, objection to the Processing, or its right not be subject to an automated individual decision making (each, a “Data Subject Request”). Airkit shall not respond to a Data Subject Request itself, except that the Customer authorizes Airkit to redirect the Data Subject Request as necessary to allow Customer to respond directly. Taking into account the nature of the Processing, Airkit shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request as required by applicable Data Protection Laws. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Airkit shall, upon Customer’s request, provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent Airkit is legally permitted to do so and the response to such Data Subject Request is required under applicable Data Protection Laws. To the extent legally permitted, Customer shall be responsible for any costs arising from Airkit’s provision of such assistance, including any fees associated with provision of additional functionality.

Sub-processors

Appointment of Sub-processors. Customer acknowledges and agrees that (a) Airkit’s Affiliates may be retained as Sub-processors through written agreement with Airkit and (b) Airkit and Airkit’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. As a condition to permitting a third-party Sub-processor to Process Personal Data, Airkit or a Airkit Affiliate will enter into a written agreement with each Sub-processor containing in substance data protection obligations that provide at least the same level of protection for Personal Data as those in this DPA, to the extent applicable to the nature of the Services provided by such Sub-processor. Customer acknowledges that Airkit, Inc is located in the United States. In the event Customer enters into the Standard Contractual Clauses, then Customer hereby grants Airkit a general written authorization to appoint Sub-processors in accordance with clause 9 of the Standard Contractual Clauses and this section 4.
List of Current Sub-processors and Notification of New Sub-processors. The current list of Sub-processors engaged in Processing Personal Data for the performance of the Services is available on request (“Sub-processor Lists”). Customer hereby consents to these Sub-processors, their locations and processing activities as it pertains to its Personal Data. If Airkit wishes to appoint a new Sub-processer from time to time it shall notify Customer of this before authorizing such new Sub-processor(s).
Objection Right for New Sub-processors. Customer may reasonably object to Airkit’s use of a new Sub-processor (e.g., if making Personal Data available to the Sub-processor may violate applicable Data Protection Law or weaken the protections for such Personal Data) by notifying Airkit promptly in writing within ten (10) days after receipt of Airkit’s notice in accordance with the mechanism set out in section 4.2. Such notice shall explain the reasonable grounds for the objection. If Customer objects to a new Sub-processor, as permitted in the preceding sentence, Airkit will use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening Customer. If Airkit is unable to make available such change within a reasonable period of time, which shall not exceed sixty (60) days, either party may terminate without penalty the applicable Order Document with respect only to those Services which cannot be provided by Airkit without the use of the objected-to new Sub-processor by providing written notice to Airkit.
Liability. Airkit shall be liable for the acts and omissions of its Sub-processors to the same extent Airkit would be liable if performing the Services of each Sub-processor directly under the terms of this DPA.

Security

Audit. Airkit shall maintain an audit program to help ensure compliance with the obligations set out in this DPA and shall make available to Customer information to demonstrate compliance with the obligations set out in this DPA as reasonably requested from time to time. Should the information Customer seeks arising from section go beyond what Airkit typically provides to other customers which are similar to Customer then Airkit may charge Customer, on a time and materials basis, for the effort involved in producing such information.
Controls for the Protection of Personal Data. Airkit shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Personal Data), confidentiality and integrity of Personal Data, as set forth in the Security Practices Datasheet. Airkit will not materially decrease the overall security of the Services during term of this DPA.
Data Protection Impact Assessment. Upon Customer’s request, Airkit shall provide Customer with reasonable cooperation and assistance needed to fulfil Customer’s obligation under Data Protection Laws to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to Airkit.

Personal Data Incident management and notification

Airkit shall notify Customer without undue delay of any breach relating to Personal Data (within the meaning of applicable Data Protection Law) of which Airkit becomes aware and which may require a notification to be made to a competent supervisory authority or Data Subject under applicable Data Protection Law or which Airkit is required to notify to Customer under applicable Data Protection Law (a “Personal Data Incident”). Airkit shall provide commercially reasonable cooperation and assistance in identifying the cause of such Personal Data Incident and take commercially reasonable steps to remediate the cause to the extent the remediation is within Airkit’s control. Except as required by applicable Data Protection Law, the obligations herein shall not apply to incidents that are caused by Customer, Users and/or any third party products and/or services.

Government Access Requests

Airkit requirements. In its role as a Processor, Airkit shall maintain appropriate measures to protect Personal Data in accordance with the requirements of Data Protection Laws, including by implementing appropriate technical and organizational safeguards to protect Personal Data against any interference that goes beyond what is necessary in a democratic society to safeguard national security, defense and public security. If Airkit receives a legally binding request to access Personal Data from a Public Authority, Airkit shall, unless otherwise legally prohibited, promptly notify Customer including a summary of the nature of the request. To the extent Airkit is prohibited by law from providing such notification, Airkit shall as appropriate use commercially reasonable efforts to obtain a waiver of the prohibition to enable Airkit to communicate as much information as possible, as soon as possible. Further, Airkit shall challenge the request if, after careful assessment, it considers that the request is unlawful. Airkit agrees it will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request. Airkit shall promptly notify Customer if Airkit becomes aware of any direct access by a Public Authority to Personal Data and provide information available to Airkit in this respect, to the extent permitted by law. For the avoidance of doubt, this DPA shall not require Airkit to pursue actions or inactions that could result in civil or criminal penalty for Airkit such as contempt of court.

Return and Deletion of Personal Data

Upon termination of the Services for which Airkit is Processing Personal Data, Airkit shall, upon Customer’s request, and subject to the limitations described in the Agreement and the Security Practices Datasheet, return all Personal Data in Airkit’s possession to Customer or securely destroy such Personal Data and demonstrate to the satisfaction of Customer that it has taken such measures, unless applicable law prevents it from returning or destroying all or part of Personal Data.

Limitation of Liability

The limitations and exclusions of liability provided for in the Agreement which are for the benefit of Airkit shall apply to this DPA.

European Specific Provisions

Definitions. For the purposes of this section 10 and Schedule 1 these terms shall be defined as follows:
1. “EU C-to-P Transfer Clauses” means Standard Contractual Clauses sections I, II, III and IV (as applicable) to the extent they reference Module Two (Controller-to-Processor).
2. “EU P-to-P Transfer Clauses” means Standard Contractual Clauses sections I, II III and IV (as applicable) to the extent they reference Module Three (Processor-to-Processor).

Legal Effect

This DPA shall only become legally binding between Customer and Airkit when the Agreement is executed by the parties. If Customer has previously executed a “data processing addendum” with Airkit, this DPA supersedes and replaces such prior Data Processing Addendum. For the avoidance of doubt, this DPA only applies if: (i) the Customer is subject to the GDPR or UK GDPR; and (ii) Airkit, in the course of providing the Services under the Agreement, Processes Personal Data on behalf of Customer.

Governing Law

This DPA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the same laws as are applicable to the Agreement. This DPA shall be subject to the jurisdiction of the same courts as the Agreement.

Schedule 1: Transfer Mechanisms for European Data Transfers

1. STANDARD CONTRACTUAL CLAUSES OPERATIVE PROVISIONS AND ADDITIONAL TERMS

For the purposes of the EU C-to-P Transfer Clauses and the EU P-to-P Transfer Clauses, Customer is the data exporter and Airkit, Inc is the data importer and the parties agree to the following. Where this section 1 does not explicitly mention EU C-to-P Transfer Clauses or EU P-to-P Transfer Clauses it applies to both of them.

Reference to the Standard Contractual Clauses. The relevant provisions contained in the Standard Contractual Clauses are incorporated by reference and are an integral part of this DPA. The information required for the purpose of the Appendix to the Standard Contractual Clauses is set out in Schedule 2.
Docking clause. This option under clause 7 shall not apply.
Instructions. This DPA and the Agreement are Customer’s complete and final instructions at the time of execution of the DPA for the Processing of Personal Data. Any additional or alternate instructions must be consistent with the terms of this DPA and the Agreement. For the purposes of Clause 8.1(a), the instructions by Customer to process Personal Data are set out in section 2.3 of the DPA and include onward transfers to a third party located outside Europe for the purpose of the performance of the Services.
Security of Processing. For the purposes of clause 8.6(a), Customer is solely responsible for making an independent determination as to whether the technical and organisational measures set forth in the Security Practices Datasheet meet Customer’s requirements and agrees that (taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of the processing of its Personal Data as well as the risks to individuals) the security measures and policies implemented and maintained by Airkit provide a level of security appropriate to the risk with respect to its Personal Data. For the purposes of clause 8.6(c), personal data breaches will be handled in accordance with section 6 (Personal Data Incident Management and Notification) of the DPA.
General authorisation for use of Sub-processors. Option 2 under clause 9 shall apply. For the purposes of clause 9(a), Airkit has Customer’s general authorisation to engage Sub-processors in accordance with section 4 of the DPA. Airkit shall make available to Customer the current list of Sub-processors in accordance with Section 4.2 of the DPA. Where Airkit enters into the EU P-to-P Transfer Clauses with a Sub-processor in connection with the provision of the Services, Customer hereby grants Airkit and Airkit’s Affiliates authority to provide a general authorisation on Controller’s behalf for the engagement of sub-processors by Sub-processors engaged in the provision of the Services, as well as decision making and approval authority for the addition or replacement of any such sub-processors.
Notification of New Sub-processors and Objection Right for new Sub-processors. Pursuant to clause 9(a), Customer acknowledges and expressly agrees that Airkit may engage new Sub-processors as described in sections 4.2 and 4.3 of the DPA. Airkit shall inform Customer of any changes to Sub-processors following the procedure provided for in section 4.2 of the DPA.
Audits of the Standard Contractual Clauses. The parties agree that the audits described in clause 8.9 of the Standard Contractual Clauses shall be carried out in accordance with Section 5.2 (“Audit”) of the DPA.
Complaints – Redress. For the purposes of clause 11, and subject to section 3 of the DPA, Airkit shall inform Data Subjects on its website of a contact point authorised to handle complaints. Airkit shall inform Customer if it receives a complaint by, or a dispute from, a Data Subject with respect to Personal Data and shall without undue delay communicate the complaint or dispute to Customer. Airkit shall not otherwise have any obligation to handle the request (unless otherwise agreed with Customer). The option under clause 11 shall not apply.
Liability. Airkit’s liability under clause 12(b) shall be limited to any damage caused by its Processing where Airkit has not complied with its obligations under the GDPR specifically directed to Processors, or where it has acted outside of or contrary to lawful instructions of Customer, as specified in Article 82 GDPR.
Certification of Deletion. The parties agree that the certification of deletion of Personal Data that is described in clause 8.5 and 16(d)of the Standard Contractual Clauses shall be provided by Airkit to Customer only upon Customer’s written request.
Supervision. Clause 13 shall apply as follows:
1. Where Customer is established in an EU Member State, the supervisory authority with responsibility for ensuring compliance by Customer with Regulation (EU) 2016/679 as regards the data transfer shall act as competent supervisory authority.
2. Where Customer is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679, the supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established shall act as competent supervisory authority.
3. Where Customer is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679, the Irish Data Protection Commission shall act as competent supervisory authority.
4. Where Customer is established in the United Kingdom, the Information Commissioner’s Office shall act as competent supervisory authority.
Notification of Government Access Requests. For the purposes of clause 15(1)(a), Airkit shall notify Customer only and not the Data Subject(s) in case of government access requests. Customer shall be solely responsible for promptly notifying the Data Subject as necessary.
Governing Law. The governing law for the purposes of clause 17 shall be the law of Ireland.
Choice of forum and jurisdiction. For the purpose of clause 18 any dispute arising from the Clauses shall be resolved by the courts of Ireland.
Appendix. The Appendix shall be completed as follows:
- The contents of section 1 of Schedule 2 shall form Annex I.A to the Standard Contractual Clauses;
- The contents of sections 2 to 9 of Schedule 2 shall form Annex I.B to the Standard Contractual Clauses;
- The contents of section 10 of Schedule 2 shall form Annex I.C to the Standard Contractual Clauses;
- The contents of section 11 of Schedule 2 shall form Annex II to the Standard Contractual Clauses.
Data Exports from the United Kingdom under the Standard Contractual Clauses. In case of any transfers of Personal Data from the United Kingdom, (i) general and specific references in the Standard Contractual Clauses to GDPR or EU or Member State Law shall have the same meaning as the equivalent reference in the Data Protection Laws of the United Kingdom (“UK Data Protection Laws”); and (ii) any other obligation in the Standard Contractual Clauses determined by the Member State in which the data exporter or Data Subject is established shall refer to an obligation under UK Data Protection Laws.
Conflict. The Standard Contractual Clauses are subject to this DPA and the additional safeguards set out hereunder. The rights and obligations afforded by the Standard Contractual Clauses will be exercised in accordance with this DPA, unless stated otherwise. In the event of any conflict or inconsistency between the body of the DPA and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.

Additional Terms for the P-to-P Transfer Clauses

For the purposes of the EU P-to-P Transfer Clauses (only), the parties agree the following.

Instructions and notifications. For the purposes of clause 8.1(a), Customer hereby informs Airkit that it acts as Processor under the instructions of the relevant Controller in respect of Personal Data. Customer warrants that its Processing instructions as set out in the Agreement and the DPA, including its authorizations to Airkit for the appointment of Sub-processors in accordance with the DPA, have been authorized by the relevant Controller. Customer shall be solely responsible for forwarding any notifications received by Airkit to the relevant Controller where appropriate.
Security of Processing. For the purposes of clause 8.6(c) and (d), Airkit shall provide notification of a personal data breach concerning Personal Data Processed by Airkit to Customer.
Documentation and Compliance. For the purposes of clause 8.9, all enquiries from the relevant Controller shall be provided to Airkit by Customer. If Airkit receives an enquiry directly from a Controller, it shall forward the enquiry to Customer and Customer shall be solely responsible for responding to any such enquiry from the relevant Controller where appropriate.
Data Subject Rights. For the purposes of clause 10 and subject to section 3 of the DPA, Airkit shall notify Customer about any request it has received directly from a Data Subject without obligation to handle it (unless otherwise agreed), but shall not notify the relevant Controller. Customer shall be solely responsible for cooperating with the relevant Controller in fulfilling the relevant obligations to respond to any such request.

Schedule 2: Description of Processing/Transfer

1. LIST OF PARTIES

Data exporter(s): Identity and contact details of the data exporter(s) and, where applicable, of its/their data protection officer and/or representative in the European Union

Name: Customer

Address: [As set out in the Agreement]

Contact person’s name, position and contact details: [As set out in the Agreement]

Activities relevant to the data transferred under these clauses: Performance of the Services pursuant to the Agreement.

Role: For the purposes of the EU C-to-P Transfer Clauses Customer is a Controller. For the purposes of the EU P-to-P Transfer Clauses Customer is a Processor.

Data importer(s): Identity and contact details of the data importer(s), including any contact person with responsibility for data protection

Name: Airkit, Inc.

Address: 2114 Broadway St, Redwood City, California 94063

Contact person’s name, position and contact details: Jeff Whitehead, Head of Infrastructure, privacy@airkit.com

Activities relevant to the data transferred under these clauses: Performance of the Services pursuant to the Agreement.

Role: Processor

2. CATEGORIES OF DATA SUBJECTS WHOSE PERSONAL DATA IS TRANSFERRED

Customer may submit personal data to the Services, the extent of which is determined and controlled by Customer and which may include, but is not limited to, personal data relating to the following categories of data subject:

Users;
employees of Customer;
consultants of Customer;
contractors of Customer;
agents of Customer; and/or
third parties with which Customer conducts business.

3. CATEGORIES OF PERSONAL DATA TRANSFERRED

The personal data transferred concern the following categories of data:

Any Personal Data comprised in Customer Content, as defined in the Agreement.

4. SPECIAL CATEGORIES OF DATA

Customer may submit personal data to Airkit through the Services, the extent of which is determined and controlled by Customer in compliance with applicable Data Protection Law and which may concern the following special categories of data, if any:

racial or ethnic origin;
political opinions;
religious or philosophical beliefs;
trade-union membership;
genetic or biometric data;
health; and
sex life.

5. FREQUENCY OF THE TRANSFER

The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis):

Continuous basis depending on the use of the Services by Customer.

6. NATURE OF THE PROCESSING

The nature of the processing is the performance of the Services pursuant to the Agreement.

7. PURPOSE OF PROCESSING, THE DATA TRANSFER AND FURTHER PROCESSING

Airkit will Process Personal Data as necessary to perform the Services pursuant to the Agreement and as further instructed by Customer in its use of the Services.

8. DURATION OF PROCESSING

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period:

Subject to section 8 of the DPA, Airkit will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.

9. SUB-PROCESSOR TRANSFERS

For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:

As per 7 above, the Sub-processor will Process Personal Data as necessary to perform the Services pursuant to the Agreement. Subject to section 8 of the DPA, the Sub-processor will Process Personal Data for the duration of the Agreement, unless otherwise agreed in writing.

Identities of the Sub-processors used for the provision of the Services and their country of location are listed under the Sub-processor Lists.

10. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with clause 13:

Where the data exporter is established in an EU Member State: The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer shall act as competent supervisory authority.
Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679: The supervisory authority of the Member State in which the representative within the meaning of Article 27(1) of Regulation (EU) 2016/679 is established shall act as the competent supervisory authority.
Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679: the Irish Data Protection Commission shall act as the competent supervisory authority.
Where the data exporter is established in the United Kingdom, the Information Commissioner’s Office Shall act as the competent supervisory authority.

11. TECHNICAL AND ORGANISATIONAL MEASURES

Data importer will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Personal Data uploaded to the Services, as described in the Security Practices Datasheet applicable to the specific Services purchased by data exporter. Data importer will not materially decrease the overall security of the Services during the term of the DPA. Data Subject Requests shall be handled in accordance with section 3 of the DPA.