Data Processing Addendum
This Data Processing Addendum (“DPA”) is incorporated by reference into the Terms and Conditions (“Agreement”), and sets out the terms that apply solely if and to the extent any Data Protection Laws and Regulations (as defined below) apply to the Processing of Personal Data (as defined below) by Jiminny, on behalf of Customer, in the course of providing the Jiminny Service to Customer under the Agreement.
All capitalized terms not defined herein will have the meaning set forth in the Agreement.
1. “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.
2. “Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the Data Protection Laws and Regulations, and (b) is permitted to use the Service pursuant to the Agreement between Customer and Jiminny, but has not signed its own Order Form with Jiminny and is not a “Customer” as defined under the Agreement.
3. “Authorized User” means any individual authorized or otherwise enabled by Customer to use the Service through Customer’s account.
4. “California Personal Information” means Personal Data that is subject to the protection of the CCPA/CPRA.
5. “Controller” means the entity which determines the purposes and means of the Processing of Personal Data.
6. “Customer Data” means what is defined in the Agreement as “Customer Data”.
7. “Data Protection Authority” means a legislative, executive, administrative or regulatory entity, judicial body or other public agency or authority of any country, state, territory or political subdivision thereof that is authorized by law to enforce, or to oversee or monitor compliance with, Data Protection Laws and Regulations.
8. “Data Protection Laws and Regulations” means all privacy and data protection laws and regulations applicable to the processing of Personal Data under the Agreement, including where applicable: (a) the GDPR; (b) all applicable implementations of the GDPR into national law, (c) in respect of the United Kingdom, the Data Protection Act 2018 and the UK GDPR, (d) the Swiss Federal Data Protection Act and (e) State Data Protection Laws; in each case, as may be amended, superseded or replaced.
9. “Data Subject” means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
10. “EU Standard Contractual Clauses” or “EU SCCs” means the European Commission's Standard Contractual Clauses for the transfer of Personal Data from the European Union to processors established in third countries (controller-to-processor transfers), as set out in the Annex to Commission Decision 2021/914/EU.
11. “GDPR” means: (i) 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) (the “EU GDPR”); and (ii) the UK General Data Protection Regulation as defined by the UK Data Protection Act 2018 (the “UK GDPR”).
12. “Information Security Policy” means the security documentation applicable to the Service purchased by Customer, as updated from time to time, as made reasonably available to Customer by Jiminny.
13. “Other Parties to the Call” means parties to Customer’s phone calls, video calls and online demos, other than Personnel.
14. “Personal Data” means any information relating to an identified or identifiable natural person and protected as “personal data”, “personal information” or “personally identifiable information” under Data Protection Laws and Regulations, which is included in Customer Data Processed by Jiminny on behalf of Customer under the Agreement.
15. “Personal Data Breach” means a confirmed or reasonably suspected breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, access to, or acquisition of Personal Data transmitted, stored or otherwise Processed by Jiminny on behalf of Customer under the Agreement.
16. “Personnel” means persons authorized by Jiminny to Process Customer’s Personal Data.
17. “Process” or “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, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
18. “Processor” means the entity which Processes Personal Data on behalf of the Controller.
19. “Restricted Transfer” means (i) where the EU GDPR applies, a transfer of Customer’s Personal Data from the EEA to a country outside of the EEA that is not subject to an adequacy determination by the European Commission (“EEA Restricted Transfer”); (ii) where the Swiss Federal Act on Data Protection applies, a transfer of Customer’s Personal Data from Switzerland to a country that is not subject to an adequacy determination by the Swiss Federal Data Protection and Information Commissioner (“Swiss Restricted Transfer”) ; and (iii) where the UK GDPR applies, a transfer of Customer’s Personal Data from the UK to a country that is not the subject of adequacy regulations under section 17A of the United Kingdom Data Protection Act of 2018 (“UK Restricted Transfer”).
20. “State Data Protection Laws” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. seq. as amended by the California Privacy Rights Act of 2020 (“CPRA”), the Virginia Consumer Data Privacy Act, Va. Code Ann. § 59.1-571 et. seq., the Colorado Privacy Act, Colo. Rev. Stat. § 6-1-1301 et. seq., the Connecticut Personal Data Privacy Act, Conn. Gen. Stat. § 42-470 et seq., and the Utah Consumer Privacy Act, Utah Admin. Code § 13-61-101 et seq.
21. “UK Addendum” means the addendum to the EU SCCs issued by the UK Information Commissioner pursuant to Section 119A of the Data Protection Act 2018.
22. “Business”, “Business Purpose”, “Consumer”, “Service Provider” “Collects”, “Sale”, “Sell” and “Share” shall have the meanings given to them in the CPRA as applicable.
- Data Processing
- Scope and Roles
This DPA applies when Personal Data is Processed by Jiminny strictly on behalf of Customer, as part of Jiminny’s provision of the Service. In this context and for the purposes of applicable Data Protection Laws and Regulations, Customer is the Controller and Jiminny is the Processor; and for the purposes of the CPRA, Customer is the Business and Jiminny is the Service Provider.
- Type of Personal Data and Categories of Data Subjects
Customer and Authorized Users determine the identity of the persons which are part of the conversations placed, recorded and analyzed by the Service, and the type and nature of any Personal Data (if any) exchanged in such conversations. Jiminny has no control over the identity of the Data Subjects whose Personal Data is processed on behalf of Customer and over the types of Personal Data Processed. Jiminny captures voice prints of Authorized Users in connection with its speaker identification and activity cataloging processes.
- Subject Matter, Duration, Nature and Purpose of Processing
Jiminny Processes Customer’s Personal Data as part of providing Customer with the Service, pursuant to the specifications and for the duration under the Agreement.
- Duration of Processing
Personal Data will be Processed for the term of the Agreement and any such additional period agreed upon between the parties in writing. In this Section 2.4, “in writing” includes emails between the parties.
- Processing Instructions
Customer shall, in its use of the Service, only submit or otherwise have Personal Data Processed in accordance with the requirements of Data Protection Laws and Regulations. Jiminny will only Process Personal Data on behalf of and in accordance with Customer’s lawful, documented instructions. Customer instructs Jiminny to Process Personal Data for the following purposes: (a) Processing related to the Service in accordance with the Agreement; (b) Processing to comply with other lawful instructions provided by Customer where such instructions are consistent with the Agreement; (c) rendering Personal Data fully and irrevocably anonymous and non-personal; and (d) Processing as required under any applicable laws to which Jiminny is subject, provided that Jiminny shall inform Customer of the legal requirement before Processing, unless prohibited under such law on important grounds of public interest. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality and legality of Personal Data and the means by which Customer acquired Personal Data. Without limitation, Customer will provide all necessary notices to relevant Data Subjects, including a description of the Service, and secure all necessary permissions and consents, or other applicable lawful grounds for Processing Personal Data pursuant to this DPA, and shall indemnify, defend and hold harmless any claim, damages or fine against Jiminny arising from any failure to acquire or use the Personal Data with legal consent or legitimate business purpose or in violation of any data protection legal requirement. Jiminny will inform Customer, if in Jiminny’s opinion an instruction infringes any provision under any Data Protection Laws and Regulations and will be under no obligation to follow such instruction, until the matter is resolved in good faith between the parties.
To the extent that Jiminny cannot comply with an instruction from Customer, (i) Jiminny shall promptly inform Customer, providing relevant details of the problem, (ii) Jiminny may, without any kind of liability to Customer, temporarily cease all Processing of the affected Personal Data (other than securely storing such data) and/or suspend access to the Customer’s account, and (iii) if the parties do not agree on a resolution to the issue in question and the costs thereof, Customer may, as its sole remedy, terminate the Agreement and this DPA with respect to the affected Processing. Customer will have no further claims against Jiminny (including, without limitation, requesting refunds for the Service) pursuant to the termination of the Agreement and the DPA as described in this paragraph.
- Processing for Legitimate Purposes
Jiminny may Process Personal Data for legitimate business purposes, including archiving, backup and disaster recovery, cyber security, operations, control, improvements and development of Jiminny’s Service, fraud and service misuse prevention and legal and administrative proceedings.
- Additional Restrictions for California Personal Information
Jiminny will not (a) Sell or Share California Personal Information, (b) retain, use or disclose California Personal Information for any purposes other than the purposes for which such California Personal Information is provided to Jiminny or (c) combine California Personal Information with Personal Data Jiminny receives from any third party or collects from its own interactions with an individual, except as permitted by Data Protection Laws and Regulations.
- Rights of Individuals
Jiminny will, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject, whose Personal Data is included in Customer’s Personal Data, or a request from an authorized third party on behalf of the Data Subject, to exercise the right to access, correct, amend or delete Personal Data related to the Data Subject, or to exercise such other individual right that the Data Subject is entitled to pursuant to the applicable Data Protection Laws and Regulations.
Taking into account the nature of the Processing, Jiminny will reasonably assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to requests for exercising the Data Subjects’ rights under the GDPR or other Data Protection Laws and Regulations, including to request access, rectification or deletion of Personal Data, to restrict or object to further Processing of such data, to receive a portable copy thereof or to request not to be subject to automated individual decision-making. Jiminny will further reasonably assist Customer, upon Customer’s timely, written request, in ensuring compliance with Customer’s obligations in connection with the security of Processing, notification of a Personal Data Breach to Data Protection Authorities and affected Data Subjects, Customer’s data protection impact assessments and Customer’s prior consultation with Data Protection Authorities, insofar as it relates to Jiminny’s Processing of Personal Data under this DPA, and to the extent Customer does not otherwise have access to the relevant information, and that such information is available to Jiminny.
Except for negligible costs, Customer will promptly reimburse Jiminny with costs and expenses incurred by Jiminny in connection with the provision of assistance to Customer under this DPA.
- Jiminny Personnel
- Limitation of Access
Jiminny will ensure that Jiminny’s access to Personal Data is limited to those Personnel who require such access to perform the Agreement.
Jiminny will impose appropriate contractual obligations upon its Personnel engaged in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection and data security. Jiminny will ensure that its Personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training in their responsibilities and have executed written confidentiality agreements. Jiminny will ensure that such confidentiality agreements survive the termination of the employment or engagement of its Personnel.
- Further Disclosure
Jiminny may disclose and Process the Personal Data (a) to the extent required by a court of competent jurisdiction or other competent governmental or semi-governmental authority, or (b) otherwise as required by applicable Data Protection Laws and Regulations (in such a case, Jiminny shall inform Customer of the legal requirement before the disclosure, unless legally prohibited from doing so).
Jiminny will implement and maintain administrative, physical and technical safeguards designed for the protection of the security, confidentiality and integrity of Customer’s Personal Data, pursuant to the Jiminny Information Security Policy. Jiminny regularly monitors its compliance with these safeguards. Jiminny will not materially decrease the overall security of the Service during the term of the Agreement.
- Policies, Certifications and Audit Reports
Jiminny will engage external auditors to verify the adequacy of its security measures. The internal controls of the Service are subject to periodic testing by such auditors.
Upon Customer’s written request at reasonable intervals and subject to confidentiality limitations, Jiminny will make available to Customer that is not a Jiminny competitor (or to a third party auditor on Customer’s behalf, that is not a Jiminny competitor and subject to the auditor’s execution of Jiminny’s non-disclosure agreement), the then most recent version of the Jiminny Information Security Policy summaries of third-party audit or certification reports commonly made available to Jiminny Customers, which demonstrate compliance with Jiminny’s obligations under applicable Data Protection Laws and Regulations. If Customer is unable to determine Jiminny’s compliance status, Jiminny will make available to Customer upon Customer’s lawful, written instruction all additional information required by applicable Data Protection Laws and Regulations and allow for and contribute to audits or inspections conducted by Customer (or a third party auditor designated by Customer that is not a Jiminny competitor). Jiminny will immediately inform Customer if Jiminny believes Customer’s instruction is unlawful.
- Personal Data Breach Management and Notification
- Prevention and Management
Jiminny will maintain security incident management policies and procedures and will notify Customer without undue delay (as soon as practicable under the circumstances, but no later than 72 hours) after becoming aware of a Personal Data Breach affecting Customer’s Personal Data being Processed hereunder by Jiminny or any of Jiminny’s Sub-Processors.
Jiminny’s notice will at least: (a) describe the nature of the Personal Data Breach including where possible, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned; (b) communicate the name and contact details of a designated officer on Jiminny’s data protection team, who will be available to provide any additionally available information about the Personal Data Breach; (c) describe the likely consequences of the Personal Data Breach; and (d) describe the measures taken or proposed to be taken by Jiminny to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.
Jiminny will work diligently, pursuant to its incident management policies and procedures to promptly identify and remediate the cause of the Personal Data Breach and will inform Customer accordingly.
- Limitation of Liability
Jiminny’s liability for a Personal Data Breach toward Customer and any third party is subject to the following limitations: (a) the Personal Data Breach is a result of a breach of Jiminny’s information security obligations under this DPA; and (b) the Personal Data Breach is not caused by: (i) acts or omissions of Customer, or any person acting on behalf of or jointly with Customer, including any Authorized Users (collectively “Customer Representatives”); or (ii) Customer Representatives’ instructions to Jiminny. All limitations of liability and disclaimers of damages set forth in the Agreement apply to this DPA as if fully set forth herein and are hereby incorporated into this DPA by this reference. Nothing herein limits either party’s liability to a Data Subject with respect to the Data Subject’s rights under applicable Data Protection Laws and Regulations or liability that cannot be limited under applicable law.
- Data Transfers
- Transfers from the EEA, Switzerland and the United Kingdom to Countries That Offer Adequate Level of Data Protection
Personal Data may be transferred from EU Member States, the three European Economic Area member countries (Norway, Liechtenstein and Iceland) (collectively, “EEA”), Switzerland and the United Kingdom (“UK”) to countries that offer an adequate level of data protection under or pursuant to the adequacy decisions published by the relevant Data Protection Authorities of the EEA, the European Union, the Member States or the European Commission, or Switzerland or the UK as relevant (“Adequacy Decisions”), as applicable, without any further safeguard being necessary.
- Transfer Mechanisms
Where the transfer of Personal Data out of the EEA, Switzerland and the UK is a Restricted Transfer, and the Data Protection Laws applicable to the EEA, Switzerland and the UK require that appropriate safeguards are put in place, the parties agree to comply with and enter into the EU SCCs and the UK Addendum (as appropriate) which shall be incorporated by reference into and form an integral part of this DPA as follows:
(1) Restricted Transfers from the EEA. The EU Standard Contractual Clauses available at https://www.jiminny.com/scc-eu apply to the transfer as follows:
(a) Annex I of the EU SCCs is completed with the information in Schedule A (Description of Processing/Transfer) to this DPA; and
(b) Annex II of the EU SCCs is completed with the information in Schedule B (Security Measures) (as applicable) to this DPA.
(2) Restricted Transfers from Switzerland. The EU SCCs referenced in Section 7.2(1) above apply as modified above except that:
(i) in Clause 13, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner if the Restricted Transfer is governed by the Swiss Federal Act on Data Protection;
(ii) references to “Member State” in the EU SCCs refer to Switzerland, and data subjects located in Switzerland may exercise and enforce their rights under the EU SCCs in Switzerland; (iii) references to the “General Data Protection Regulation,” “Regulation 2016/679,” and “GDPR” in the EU SCCs refer to the Swiss Federal Act on Data Protection (as amended or replaced);
(iv) references to the “competent supervisory authority” or “competent courts” shall be interpreted as references to the relevant data protection authority and courts in Switzerland; and
(v) the EU SCCs shall be governed by the laws of Switzerland and disputes shall be resolved before the competent Swiss courts.
(3) Restricted Transfers from the UK. The EU SCCs shall apply in accordance with Section 7.2(1) above, but as modified and interpreted by the Part 2 mandatory clauses of the UK Addendum attached as Annex V of the EU SCCs, which shall be incorporated into and form an integral part of this DPA.
- Specific Application of the EU SCCs
The following terms apply to the EU SCCs:
(a) Customer may exercise its audit rights under the EU SCCs as set out in Section 5.2 above.
(b) Jiminny may appoint Sub-Processors under the EU SCCs as set out in Section 11 below.
(c) With respect to Restricted Transfers made to Jiminny, Jiminny may neither participate in, nor permit any Sub-Processor to participate in, any further Restricted Transfer unless the further Restricted Transfer is made in full compliance with Data Protection Laws and Regulations and in accordance with applicable EU SCCs, UK Addendum or an alternative legally compliant transfer mechanism adopted by the importer.
(d) If any provision of the DPA is inconsistent with any terms in the EU SCCs or UK Addendum, the EU SCCs or UK Addendum will prevail as appropriate.
- Alternative Solutions
Where any mechanism for international transfers of Personal Data ceases for any reason to be a valid means of complying with the restrictions on transferring Personal Data to a third country as set out in Data Protection Laws and Regulations, or otherwise ceases to apply for any reason, the parties shall act in good faith to agree the implementation of an alternative solution to enable both parties to comply with Data Protection Laws and Regulations.
- Notification of Government Access Requests
For the purposes of Clause 15(1)(a) of the EU SCCs, Jiminny shall, to the extent legally permissible notify the Customer 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.
- Return and Deletion of Personal Data
Upon termination or expiration of the Agreement, Jiminny shall (at Customer’s election) return or to the fullest extent technically feasible delete all Customer Data in its possession or control. This requirement shall not apply to the extent Jiminny is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems (e.g., in the form of audit logs), which Customer Data Jiminny shall securely isolate and protect from any further Processing, except to the extent required by applicable law.
- Anonymized and Aggregated Data
Jiminny may Process data based on extracts of Personal Data on an aggregated and non-identifiable form, for Jiminny’s legitimate business purposes, including for testing, development, controls and operations of the Service, and may share and retain such data at Jiminny’s discretion.
- Dispute Resolution
The parties will attempt in good faith to resolve any dispute related to this DPA as a precondition to commencing legal proceedings, first by direct communications between the persons responsible for administering this DPA and next by negotiation between executives with authority to settle the controversy. Either party may give the other party a written notice of any dispute not resolved in the normal course of business. Within five (5) business days after delivery of the notice, the receiving party will submit to the other party a written response. The notice and the response will include a statement of each party’s position and a summary of arguments supporting that position and the name and title of the executive who will represent that party. Within five (5) business days after delivery of the disputing party’s notice, the executives of both parties will meet at a mutually acceptable time and place, including by phone, and thereafter as often as they reasonably deem necessary, to resolve the dispute.
All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
- Authorization to Process
Jiminny may engage third-party service providers to Process Personal Data on behalf of Customer (“Sub-Processors”). Customer hereby provides Jiminny with a general authorization to engage the Sub-Processors listed here. All Sub-Processors have entered into written agreements with Jiminny that bind them by data protection obligations substantially similar to those under this DPA. Where a Sub-Processor fails to fulfil its data protection obligations in connection with the Processing of Personal Data under this DPA, Jiminny will remain fully liable to Customer for the performance of that Sub-Processor’s obligations.
- New Processors
Jiminny may engage with a new Sub-Processor (“New Sub-Processor”) to Process Personal Data on Customer’s behalf. Jiminny will provide Customer with at least thirty (30) calendar days prior notice before authorizing any New Sub-Processor to Process Customer's Personal Data and will provide such notification by updating the Sub-Processor list referenced in Section 11.1 above. Customer may object to the Processing of Customer’s Personal Data by the New Sub-Processor, for reasonable and explained grounds, within ten (10) business days following Jiminny’s notice to Customer of the intended engagement with the New Sub-Processor. If Customer timely sends Jiminny a written objection notice, the parties will make a good-faith effort to resolve Customer’s objection. In the absence of a resolution, Jiminny will make commercially reasonable efforts to provide Customer with the same level of Service, without using the New Sub-Processor to Process Customer’s Personal Data.
This DPA will commence and become legally binding on the earlier of (a) the date of its execution, (b) the effective date of the Agreement to which it relates or (c) the initiation of Jiminny’s Processing of Personal Data on behalf of Customer; and will continue until the Agreement expires or is terminated.
13.1. In the event of any conflict or inconsistency between certain provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement solely with respect to the Processing of Personal Data.
13.2. In the event of any conflict or inconsistency between certain provisions of this DPA and any of its Schedules and the EU Standard Contractual Clauses or UK Addendum, to the extent such EU Standard Contractual Clauses or UK Addendum are executed by and between Customer and Jiminny, the EEA Standard Contractual Clauses or UK Addendum shall prevail.
Schedule A – Details of Processing/Transfer
A. LIST OF PARTIES
The entity identified as “Customer” in the Agreement is the data exporter (“Data Exporter”).
1. Contact Details: As detailed in the Agreement.
2. Role: Controller.
3. Signature and Date: By entering into the Agreement and this DPA, Data Exporter is deemed to have signed the Standard Contractual Clauses incorporated herein, including their Annexes, as of the Effective Date of the Agreement.
Jiminny is the data importer (“Data Importer”).
1. Contact Details: As detailed in the Agreement.
2. Relevant Activities: The activities conducted by Data Importer relevant to the data transferred under this DPA are detailed in the Agreement and this DPA.
3. Role: Processor.
4. Signature and Date: By entering into the Agreement and this DPA, Data Importer is deemed to have signed the Standard Contractual Clauses, incorporated herein, including their Annexes, as of the Effective Date of the Agreement.
B. DESCRIPTION OF TRANSFER
The categories of Data Subjects whose Personal Data is transferred, and the categories of Personal Data, are described in Section 2.2 of this DPA.
The parties do not intend for sensitive data to be transferred.
The frequency of the transfer is on a continuous basis for the duration of the Agreement.
The nature and purpose of the transfer and Processing is described in Section 2.3 of this DPA.
The period for which the Personal Data will be retained is for the duration of the Agreement or as otherwise described in the Agreement and/or Section 2.4 of this DPA.
In relation to transfers to Sub-Processors, the subject matter, nature and duration of the Processing is set forth in Section 11 of this DPA.
C. COMPETENT SUPERVISORY AUTHORITY
The competent supervisory authority is set out in Annex II, Part C of the Jiminny EU SCCs, available at https://www.jiminny.com/scc-eu, and determined in accordance with Clause 13 of the 2021 Controller-to-Processor EU SCCs and the GDPR.
Schedule B – Security Measures
Jiminny’s Information Security Policy is set out in Annex II of the Jiminny EU Standard Contractual Clauses, available at https://www.jiminny.com/scc-eu.
The security measures set out in Jiminny’s Information Security Policy are as follows:
- Information Security Program. Jiminny maintains an information security program that contains administrative, technical, and physical safeguards that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing of Personal Data and the associated risks, are appropriate to (i) the type of Personal Data that Jiminny will process; and (ii) the need for the security and confidentiality of such Personal Data. In formulating and implementing Jiminny’s information security program, Jiminny has attempted to (i) identify reasonably foreseeable internal and external risks to the security, confidentiality and/or integrity of any electronic, paper or other records containing Personal Data; (ii) assess the likelihood and potential damage of these threats, taking into consideration the sensitivity of the Personal Data; (iii) evaluate the sufficiency of existing policies, procedures, customer information systems and other safeguards in place to control risks; (iv) design and implement a plan that puts safeguards in place to reduce those risks; and (v) regularly monitor the effectiveness of those safeguards.
- Data Security Coordinator. Jiminny has designated an individual to supervise the implementation and maintenance of its information security program.
- Security Awareness and Training. Jiminny provides appropriate security awareness and training to its employees on relevant elements of Jiminny’s information security program.
- Physical Security. Jiminny uses, or contractually obligates its third party vendors to use, safeguards that provide reasonable assurance that access to physical servers at the data centers storing Personal Data are limited to properly authorized individuals. Jiminy also uses, or contractually obligates its third party vendors to use, environmental controls to detect, prevent and control environmental hazards. Controls include logging and monitoring of data center access, CCTV surveillance systems and uninterruptable power supply modules and backup generators that provide backup power in the event of an electrical failure.
- Access Controls. Jiminny uses administrative and technical controls to limit access to its information systems and the facilities in which they are housed to authorized personnel, to prevent personnel and others that should not have access to personal data from obtaining access, and to remove access in the event of a change in job status.
- Security in Storage and Transmission. Jiminny uses technical controls to protect against unauthorized access to Personal Data that is transmitted over public electronic communications networks or stored in Jiminny systems, including encryption of sensitive data stored on laptops and removable storage devices.
- Retention and Disposal. Jiminny maintains policies and procedures regarding retention periods for Personal Data and for the secure disposal of devices containing Personal Data.
- Security Incident Procedures. Jiminny maintains incident response policies and procedures to be followed in the event of any security incident affecting Personal Data. Jiminny’s security incident procedures define roles and responsibilities for incident response, including investigation, internal and external reporting, mitigation and remediation.
- Contingency Planning. Jiminny maintains policies and procedures for responding to an emergency or other occurrence that could damage Personal Data. Jiminny’s procedures include periodically backing up production systems and databases and maintaining formal disaster recovery and business continuity plans.
- Systems Monitoring. Jiminny monitors networks and systems to detect and log events that could cause problems.
- Change Management. Jiminny maintains policies and procedures for managing changes Jiminny makes to its production systems, applications and systems that process Personal Data.
- Third Party Vendor Management. Jiminny evaluates the ability of each of its third party service providers to protect the Personal Data to which Jiminny has permitted them access and takes steps reasonably necessary to validate that such third party service providers are applying appropriate security measures.
- Periodic Evaluation. Jiminny reviews the scope of its security measures periodically, including when there is a material change in Jiminny business practices that may implicate the security or integrity of records containing Personal Data.
Last updated: 15th March, 2023