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Google Cloud Platform - Acceptable Use Policy Cloud Data Processing Addendum
Google Cloud Platform - Acceptable Use Policy Cloud Data Processing Addendum
Use Policy
Use of the Services is subject to this Acceptable Use Policy.
Customer agrees not to, and not to allow third parties to use the Services:
• Account has the meaning given in the applicable Agreement or, if no such
meaning is given, means Customer’s Google Cloud Platform account, Google
Workspace account or Cloud Identity account, as applicable.
• Addendum Effective Date means the date on which Customer accepted, or the
parties otherwise agreed to, this Addendum.
(a) for data processed subject to the EU GDPR: the EEA, or a country or territory
recognized as ensuring adequate protection under the EU GDPR;
(b) for data processed subject to the UK GDPR: the UK, or a country or territory
recognized as ensuring adequate protection under the UK GDPR and the Data
Protection Act 2018; and/or
(c) for data processed subject to the Swiss FDPA: Switzerland, or a country or
territory that is: (i) included in the list of the states whose legislation ensures
adequate protection as published by the Swiss Federal Data Protection and
Information Commissioner, or (ii) recognized as ensuring adequate protection by
the Swiss Federal Council under the Swiss FDPA;
in each case, other than on the basis of an optional data protection framework.
• Alternative Transfer Solution means a solution, other than SCCs, that enables the
lawful transfer of personal data to a third country in accordance with European
Data Protection Law, for example a data protection framework recognized as
ensuring that participating entities provide adequate protection.
• Audited Services means the then-current Services indicated as being in-scope for
the relevant certification or report
at https://cloud.google.com/security/compliance/services-in-scope. Google may
not remove a Cloud Service from this URL unless that Cloud Service has been
discontinued in accordance with the applicable Agreement.
• Customer Data has the meaning given in the applicable Agreement or, if no such
meaning is given, means:
(a) data provided by or on behalf of Customer or its End Users via Google Cloud
Platform under the Account; or
(b) data submitted, stored, sent or received by or on behalf of Customer or its End
Users via Google Workspace or Cloud Identity under the Account.
• Customer Personal Data means the personal data contained within the Customer
Data, including any special categories of personal data defined under European
Data Protection Law.
• EU GDPR means 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.
• European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the
Swiss FDPA.
• European Law means, as applicable: (a) EU or EU Member State law (if the EU
GDPR applies to the processing of Customer Personal Data); and (b) the law of
the UK or a part of the UK (if the UK GDPR applies to the processing of Customer
Personal Data).
• GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
• Google Cloud Platform means the Google Cloud Platform services described
at https://cloud.google.com/terms/services, excluding any Third-Party Offerings.
• Google Workspace means the Google Workspace or Google Workspace for
Education services described
at https://workspace.google.com/terms/user_features.html, as applicable.
• Instructions has the meaning given in Section 5.2.1 (Compliance with Customer’s
Instructions).
• Non-European Data Protection Law means data protection or privacy laws in force
outside the EEA, the UK and Switzerland.
• Security Measures has the meaning given in Section 7.1.1 (Google’s Security
Measures).
• Subprocessor means a third party authorized as another processor under this
Addendum to have logical access to and process Customer Data in order to
provide parts of the Services and TSS.
• Swiss FDPA means the Federal Data Protection Act of 19 June 1992
(Switzerland).
• Term means the period from the Addendum Effective Date until the end of
Google’s provision of the Services, including, if applicable, any period during
which provision of the Services may be suspended and any post-termination
period during which Google may continue providing the Services for transitional
purposes.
• UK GDPR means the EU GDPR as amended and incorporated into UK law under
the UK European Union (Withdrawal) Act 2018, and applicable secondary
legislation made under that Act.
2.2 The terms “personal data”, “data subject”, “processing”, “controller” and
“processor” as used in this Addendum have the meanings given in the GDPR
irrespective of whether European Data Protection Law or Non-European Data
Protection Law applies.
3. Duration
Regardless of whether the applicable Agreement has terminated or expired, this
Addendum will remain in effect until, and automatically expire when, Google
deletes all Customer Data as described in this Addendum.
4. Scope of Data Protection Law
4.1 Application of European Law. The parties acknowledge that European Data
Protection Law will apply to the processing of Customer Personal Data if, for
example:
a. the subject matter and details of the processing are described in Appendix 1;
d. each party will comply with the obligations applicable to it under European
Data Protection Law with respect to the processing of that Customer Personal
Data.
c. Customer may:
i. request access for the relevant controller to the SOC Reports in accordance
with Section 7.5.3(a); and
ii. make available to the relevant controller any other information made available
by Google under Sections 10.4 (Supplementary Measures and Information), 10.6
(Data Center Information) and 11.2 (Information about Subprocessors).
a. Customer may enable or disable Additional Products via the Admin Console
and will not need to use Additional Products in order to use Google Workspace or
Cloud Identity; and
b. if Customer opts to install any Additional Products or to use them with Google
Workspace or Cloud Identity, the Additional Products may access Customer Data
as required to interoperate with Google Workspace or Cloud Identity (as
applicable).
For clarity, this Addendum does not apply to the processing of personal data in
connection with the provision of any Additional Products installed or used by
Customer, including personal data transmitted to or from such Additional
Products.
6. Data Deletion
6.1 Deletion by Customer. Google will enable Customer to delete Customer Data
during the Term in a manner consistent with the functionality of the Services. If
Customer uses the Services to delete any Customer Data during the Term and
that Customer Data cannot be recovered by Customer, this use will constitute an
Instruction to Google to delete the relevant Customer Data from Google’s
systems in accordance with applicable law. Google will comply with this
Instruction as soon as reasonably practicable and within a maximum period of
180 days, unless European Law requires storage.
6.2 Return or Deletion When Term Ends. If Customer wishes to retain any
Customer Data after the end of the Term, it may instruct Google in accordance
with Section 9.1 (Access; Rectification; Restricted Processing; Portability) to
return that data during the Term. Subject to Section 6.3 (Deferred Deletion
Instruction), Customer instructs Google to delete all remaining Customer Data
(including existing copies) from Google’s systems at the end of the Term in
accordance with applicable law. After a recovery period of up to 30 days from
that date, Google will comply with this Instruction as soon as reasonably
practicable and within a maximum period of 180 days, unless European Law
requires storage.
6.3. Deferred Deletion Instruction. To the extent any Customer Data covered by the
deletion instruction described in Section 6.2 (Return or Deletion When Term
Ends) is also processed, when the applicable Term under Section 6.2 expires, in
relation to an Agreement with a continuing Term, such deletion instruction will
only take effect with respect to such Customer Data when the continuing Term
expires. For clarity, this Addendum will continue to apply to such Customer Data
until its deletion by Google.
7. Data Security
7.1 Google’s Security Measures, Controls and Assistance.
7.1.2 Access and Compliance. Google will: (a) authorize its employees,
contractors and Subprocessors to access Customer Data only as strictly
necessary to comply with Instructions; (b) take appropriate steps to ensure
compliance with the Security Measures by its employees, contractors and
Subprocessors to the extent applicable to their scope of performance; and (c)
ensure that all persons authorized to process Customer Data are under an
obligation of confidentiality.
7.1.3 Additional Security Controls. Google will make Additional Security Controls
available to: (a) allow Customer to take steps to secure Customer Data; and (b)
provide Customer with information about securing, accessing and using
Customer Data.
7.1.4 Google’s Security Assistance. Google will (taking into account the nature of
the processing of Customer Personal Data and the information available to
Google) assist Customer in ensuring compliance with its (or, where Customer is a
processor, the relevant controller’s) obligations under Articles 32 to 34 of the
GDPR, by:
e. if subsections (a)-(d) above are insufficient for Customer (or the relevant
controller) to comply with such obligations, upon Customer’s request, providing
Customer with additional reasonable cooperation and assistance.
7.2.1 Incident Notification. Google will notify Customer promptly and without
undue delay after becoming aware of a Data Incident, and promptly take
reasonable steps to minimize harm and secure Customer Data.
a. using the Services and Additional Security Controls to ensure a level of security
appropriate to the risk to the Customer Data;
7.4 Compliance Certifications and SOC Reports. Google will maintain at least the
following for the Audited Services in order to evaluate the continued
effectiveness of the Security Measures: (a) certificates for ISO 27001, ISO 27017
and ISO 27018 and, for Google Cloud Platform, a PCI DSS Attestation of
Compliance (the “Compliance Certifications”); and (b) SOC 2 and SOC 3 reports
produced by Google’s Third Party Auditor and updated annually based on an audit
performed at least once every 12 months (the “SOC Reports”). Google may add
standards at any time. Google may replace a Compliance Certification or SOC
Report with an equivalent or enhanced alternative.
c. Google may charge a fee (based on Google’s reasonable costs) for any audit
under Section 7.5.2(a) or 7.5.2(b). Google will provide Customer with further
details of any applicable fee, and the basis of its calculation, in advance of any
such audit. Customer will be responsible for any fees charged by any auditor
appointed by Customer to execute any such audit.
9.2.1 Responsibility for Requests. During the Term, if Google’s Cloud Data
Protection Team receives a request from a data subject that relates to Customer
Personal Data and identifies Customer, Google will: (a) advise the data subject to
submit their request to Customer; (b) promptly notify Customer; and (c) not
otherwise respond to that data subject’s request without authorization from
Customer. Customer will be responsible for responding to any such request
including, where necessary, by using the functionality of the Services.
9.2.2 Google’s Data Subject Request Assistance. Google will (taking into account
the nature of the processing of Customer Personal Data) assist Customer in
fulfilling its (or, where Customer is a processor, the relevant controller’s)
obligations under Chapter III of the GDPR to respond to requests for exercising
the data subject’s rights by:
10.2 Restricted European Transfers. The parties acknowledge that European Data
Protection Law does not require SCCs or an Alternative Transfer Solution in order
for Customer Personal Data to be processed in or transferred to an Adequate
Country. If Customer Personal Data is transferred to any other country and
European Data Protection Law applies to the transfers (as certified by Customer
under Section 10.3 (Certification by Non-EMEA Customers) if its billing address is
outside EMEA) (“Restricted European Transfers”), then:
10.4 Supplementary Measures and Information. Google will provide Customer with
information relevant to Restricted European Transfers, including information
about Additional Security Controls and other supplementary measures to protect
Customer Personal Data:
10.6 Data Center Information. The locations of Google data centers are described
at:
i. the Subprocessor only accesses and uses Customer Data to the extent required
to perform the obligations subcontracted to it, and does so in accordance with
the applicable Agreement (including this Addendum); and
b. remain fully liable for all obligations subcontracted to, and all acts and
omissions of, the Subprocessor.
12.3 Controller Requests. During the Term, if Google’s Cloud Data Protection
Team receives a request or instruction from a third party purporting to be a
controller of Customer Personal Data, Google will advise the third party to
contact Customer.
13. Interpretation
13.1 Precedence.
i. this Addendum and the remainder of the Agreement, this Addendum will prevail;
and
ii. any Customer SCCs (which are incorporated by reference into this Addendum)
and the remainder of the Agreement (including this Addendum), the Customer
SCCs will prevail.
b. For clarity, if Customer has entered more than one Agreement, this Addendum
will amend each of the Agreements separately.
13.2 Legacy UK SCCs. The supplementary terms for UK GDPR transfers in the
SCCs will, as of 21 September 2022, supersede and terminate any standard
contractual clauses approved under the UK GDPR or Data Protection Act 2018
and previously entered into by Customer and Google.
The Term plus the period from the end of the Term until deletion of all Customer
Data by Google in accordance with this Addendum.
Google will process Customer Personal Data for the purposes of providing the
Services and TSS to Customer in accordance with this Addendum.
Categories of Data
Data relating to individuals provided to Google via the Services, by (or at the
direction of) Customer or by its End Users.
Data Subjects
Data subjects include the individuals about whom data is provided to Google via
the Services by (or at the direction of) Customer or by its End Users.
Appendix 2: Security Measures
As from the Addendum Effective Date, Google will implement and maintain the
Security Measures described in this Appendix 2.
Power. The data center electrical power systems are designed to be redundant
and maintainable without impact to continuous operations, 24 hours a day, 7
days a week. In most cases, a primary as well as an alternate power source, each
with equal capacity, is provided for critical infrastructure components in the data
center. Backup power is provided by various mechanisms such as uninterruptible
power supplies (UPS) batteries, which supply consistently reliable power
protection during utility brownouts, blackouts, over voltage, under voltage, and
out-of-tolerance frequency conditions. If utility power is interrupted, backup
power is designed to provide transitory power to the data center, at full capacity,
for up to 10 minutes until the backup generator systems take over. The backup
generators are capable of automatically starting up within seconds to provide
enough emergency electrical power to run the data center at full capacity
typically for a period of days.
Businesses Continuity. Google has designed and regularly plans and tests its
business continuity planning/disaster recovery programs.
Data Transmission. Data centers are typically connected via high-speed private
links to provide secure and fast data transfer between data centers. This is
designed to prevent data from being read, copied, altered or removed without
authorization during electronic transfer or transport or while being recorded onto
data storage media. Google transfers data via Internet standard protocols.
External Attack Surface. Google employs multiple layers of network devices and
intrusion detection to protect its external attack surface. Google considers
potential attack vectors and incorporates appropriate purpose built technologies
into external facing systems.
1. tightly controlling the size and make-up of Google’s attack surface through
preventative measures;
On-site Data Center Security Operation. Google’s data centers maintain an on-site
security operation responsible for all physical data center security functions 24
hours a day, 7 days a week. The on-site security operation personnel monitor
closed circuit TV (CCTV) cameras and all alarm systems. On-site security
operation personnel perform internal and external patrols of the data center
regularly.
Data Center Access Procedures. Google maintains formal access procedures for
allowing physical access to the data centers. The data centers are housed in
facilities that require electronic card key access, with alarms that are linked to the
on-site security operation. All entrants to the data center are required to identify
themselves as well as show proof of identity to on-site security operations. Only
authorized employees, contractors and visitors are allowed entry to the data
centers. Only authorized employees and contractors are permitted to request
electronic card key access to these facilities. Data center electronic card key
access requests must be made through e-mail, and require the approval of the
requestor’s manager and the data center director. All other entrants requiring
temporary data center access must: (i) obtain approval in advance from the data
center managers for the specific data center and internal areas they wish to visit;
(ii) sign in at on-site security operations; and (iii) reference an approved data
center access record identifying the individual as approved.
On-site Data Center Security Devices. Google’s data centers employ a dual
authentication access control system that is linked to a system alarm. The
access control system monitors and records each individual’s electronic card key
and when they access perimeter doors, shipping and receiving, and other critical
areas. Unauthorized activity and failed access attempts are logged by the access
control system and investigated, as appropriate. Authorized access throughout
the business operations and data centers is restricted based on zones and the
individual’s job responsibilities. The fire doors at the data centers are alarmed.
CCTV cameras are in operation both inside and outside the data centers. The
positioning of the cameras has been designed to cover strategic areas including,
among others, the perimeter, doors to the data center building, and
shipping/receiving. On-site security operations personnel manage the CCTV
monitoring, recording and control equipment. Secure cables throughout the data
centers connect the CCTV equipment. Cameras record on site via digital video
recorders 24 hours a day, 7 days a week. The surveillance records are retained
for up to 30 days based on activity.
Infrastructure Security Personnel. Google has, and maintains, a security policy for
its personnel, and requires security training as part of the training package for its
personnel. Google’s infrastructure security personnel are responsible for the
ongoing monitoring of Google’s security infrastructure, the review of the Services,
and responding to security incidents.
Internal Data Access Processes and Policies – Access Policy. Google’s internal
data access processes and policies are designed to prevent unauthorized
persons and/or systems from gaining access to systems used to process
Customer Data. Google designs its systems to (i) only allow authorized persons
to access data they are authorized to access; and (ii) ensure that Customer Data
cannot be read, copied, altered or removed without authorization during
processing, use and after recording. The systems are designed to detect any
inappropriate access. Google employs a centralized access management system
to control personnel access to production servers, and only provides access to a
limited number of authorized personnel. Google’s authentication and
authorization systems utilize SSH certificates and security keys, and are
designed to provide Google with secure and flexible access mechanisms. These
mechanisms are designed to grant only approved access rights to site hosts,
logs, data and configuration information. Google requires the use of unique user
IDs, strong passwords, two factor authentication and carefully monitored access
lists to minimize the potential for unauthorized account use. The granting or
modification of access rights is based on: the authorized personnel’s job
responsibilities; job duty requirements necessary to perform authorized tasks;
and a need to know basis. The granting or modification of access rights must
also be in accordance with Google’s internal data access policies and training.
Approvals are managed by workflow tools that maintain audit records of all
changes. Access to systems is logged to create an audit trail for accountability.
Where passwords are employed for authentication (e.g. login to workstations),
password policies that follow at least industry standard practices are
implemented. These standards include restrictions on password reuse and
sufficient password strength. For access to extremely sensitive information (e.g.
credit card data), Google uses hardware tokens.
3. Data
(a) Data Storage, Isolation and Logging. Google stores data in a multi-tenant
environment on Google-owned servers. Subject to any Instructions to the contrary
(e.g. in the form of a data location selection), Google replicates Customer Data
between multiple geographically dispersed data centers. Google also logically
isolates Customer Data and, for Google Workspace and Cloud Identity: (i) Google
logically separates each End User’s data from the data of other End Users; and (ii)
data for an authenticated End User will not be displayed to another End User
(unless the former End User or an Administrator allows the data to be shared).
Customer will be given control over specific data sharing policies. Those policies,
in accordance with the functionality of the Services, will enable Customer to
determine the product sharing settings applicable to its End Users for specific
purposes. Customer may choose to use logging functionality that Google makes
available via the Services.
(b) Decommissioned Disks and Disk Erase Policy. Disks containing data may
experience performance issues, errors or hardware failure that lead them to be
decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is
subject to a series of data destruction processes (the “Disk Erase Policy”) before
leaving Google’s premises either for reuse or destruction. Decommissioned Disks
are erased in a multi-step process and verified complete by at least two
independent validators. The erase results are logged by the Decommissioned
Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is
released to inventory for reuse and redeployment. If, due to hardware failure, the
Decommissioned Disk cannot be erased, it is securely stored until it can be
destroyed. Each facility is audited regularly to monitor compliance with the Disk
Erase Policy.
4. Personnel Security
5. Subprocessor Security
• Account has the meaning given in the Agreement or, if no such meaning is given,
means Partner’s Google Cloud Platform account.
• Addendum Effective Date means the date on which Partner accepted, or the
parties otherwise agreed to, this Addendum.
(a) for data processed subject to the EU GDPR: the EEA, or a country or territory
recognized as ensuring adequate protection under the EU GDPR;
(b) for data processed subject to the UK GDPR: the UK, or a country or territory
recognized as ensuring adequate protection under the UK GDPR and the Data
Protection Act 2018; and/or
(c) for data processed subject to the Swiss FDPA: Switzerland, or a country or
territory that is: (i) included in the list of the states whose legislation ensures
adequate protection as published by the Swiss Federal Data Protection and
Information Commissioner, or (ii) recognized as ensuring adequate protection by
the Swiss Federal Council under the Swiss FDPA;
in each case, other than on the basis of an optional data protection framework.
• Alternative Transfer Solution means a solution, other than SCCs, that enables the
lawful transfer of personal data to a third country in accordance with European
Data Protection Law, for example a data protection framework recognized as
ensuring that participating entities provide adequate protection.
• Audited Services means the then-current Services indicated as being in-scope for
the relevant certification or report
at https://cloud.google.com/security/compliance/services-in-scope. Google may
not remove a Cloud Service from this URL unless that Cloud Service has been
discontinued in accordance with the Agreement.
• EU GDPR means 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.
• European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the
Swiss FDPA.
• European Law means, as applicable: (a) EU or EU Member State law (if the EU
GDPR applies to the processing of Partner Personal Data); and (b) the law of the
UK or a part of the UK (if the UK GDPR applies to the processing of Partner
Personal Data).
• GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
• Google Cloud Platform means the Google Cloud Platform services described
at https://cloud.google.com/terms/services, excluding any Third-Party Offerings.
• Instructions has the meaning given in Section 5.2.1 (Compliance with Partner’s
Instructions).
• Non-European Data Protection Law means data protection or privacy laws in force
outside the EEA, the UK and Switzerland.
• Partner End Users has the meaning given in the Agreement or, if not such
meaning is given, has the meaning given to “End Users” in the Agreement.
• Partner Personal Data means the personal data contained within the Partner Data,
including any special categories of personal data defined under European Data
Protection Law.
• Security Measures has the meaning given in Section 7.1.1 (Google’s Security
Measures).
• Swiss FDPA means the Federal Data Protection Act of 19 June 1992
(Switzerland).
• Term means the period from the Addendum Effective Date until the end of
Google’s provision of the Services, including, if applicable, any period during
which provision of the Services may be suspended and any post-termination
period during which Google may continue providing the Services for transitional
purposes.
• UK GDPR means the EU GDPR as amended and incorporated into UK law under
the UK European Union (Withdrawal) Act 2018, and applicable secondary
legislation made under that Act.
2.2 The terms “personal data”, “data subject”, “processing”, “controller” and
“processor” as used in this Addendum have the meanings given in the GDPR
irrespective of whether European Data Protection Law or Non-European Data
Protection Law applies.
3. Duration
Regardless of whether the Agreement has terminated or expired, this Addendum
will remain in effect until, and automatically expire when, Google deletes all
Partner Data as described in this Addendum.
4. Scope of Data Protection Law
4.1 Application of European Law. The parties acknowledge that European Data
Protection Law will apply to the processing of Partner Personal Data if, for
example:
b. the Partner Personal Data is personal data relating to data subjects who are in
the EEA or the UK and the processing relates to the offering to them of goods or
services in the EEA or the UK, or the monitoring of their behavior in the EEA or the
UK.
a. the subject matter and details of the processing are described in Appendix 1;
a. Partner warrants on an ongoing basis that the relevant Customer and controller
has authorized: (i) the Instructions, (ii) Partner’s appointment of Google as
another processor, and (iii) Google’s engagement of Subprocessors as described
in Section 11 (Subprocessors);
b. Partner will immediately forward to the relevant Customer and controller any
notice provided by Google under Sections 5.2.2 (Instruction Notifications), 7.2.1
(Incident Notification), 9.2.1 (Responsibility for Requests), 11.4 (Opportunity to
Object to Subprocessor Changes) or that refers to any SCCs; and
c. Partner may:
i. request access for the relevant Customer and controller to the SOC Reports in
accordance with Section 7.5.3(a); and
ii. make available to the relevant Customer and controller any other information
made available by Google under Sections 10.4 (Supplementary Measures and
Information), 10.6 (Data Center Information) and 11.2 (Information about
Subprocessors).
6.2 Return or Deletion When Term Ends. If Partner wishes to retain any Partner
Data after the end of the Term, it may instruct Google in accordance with Section
9.1 (Access; Rectification; Restricted Processing; Portability) to return that data
during the Term. Partner instructs Google to delete all remaining Partner Data
(including existing copies) from Google’s systems at the end of the Term in
accordance with applicable law. After a recovery period of up to 30 days from
that date, Google will comply with this Instruction as soon as reasonably
practicable and within a maximum period of 180 days, unless European Law
requires storage.
7. Data Security
7.1 Google’s Security Measures, Controls and Assistance.
7.1.2 Access and Compliance. Google will: (a) authorize its employees,
contractors and Subprocessors to access Partner Data only as strictly necessary
to comply with Instructions; (b) take appropriate steps to ensure compliance with
the Security Measures by its employees, contractors and Subprocessors to the
extent applicable to their scope of performance; and (c) ensure that all persons
authorized to process Partner Data are under an obligation of confidentiality.
7.1.3 Additional Security Controls. Google will make Additional Security Controls
available to: (a) allow Partner to take steps to secure Partner Data; and (b)
provide Partner with information about securing, accessing and using Partner
Data.
7.1.4 Google’s Security Assistance. Google will (taking into account the nature of
the processing of Partner Personal Data and the information available to Google)
assist Partner in ensuring compliance with its (or, where Partner is a processor,
the relevant controller’s) obligations under Articles 32 to 34 of the GDPR, by:
7.2.1 Incident Notification. Google will notify Partner promptly and without undue
delay after becoming aware of a Data Incident, and promptly take reasonable
steps to minimize harm and secure Partner Data.
a. using the Services and Additional Security Controls to ensure a level of security
appropriate to the risk to the Partner Data;
7.3.2 Partner’s Security Assessment. Partner agrees that the Services, Security
Measures implemented and maintained by Google, Additional Security Controls
and Google’s commitments under this Section 7 (Data Security) provide a level of
security appropriate to the risk to Partner Data (taking into account the state of
the art, the costs of implementation and the nature, scope, context and purposes
of the processing of Partner Personal Data as well as the risks to individuals).
7.4 Compliance Certifications and SOC Reports. Google will maintain at least the
following for the Audited Services in order to evaluate the continued
effectiveness of the Security Measures: (a) certificates for ISO 27001, ISO 27017
and ISO 27018 and a PCI DSS Attestation of Compliance (the “Compliance
Certifications”); and (b) SOC 2 and SOC 3 reports produced by Google’s Third
Party Auditor and updated annually based on an audit performed at least once
every 12 months (the “SOC Reports”). Google may add standards at any time.
Google may replace a Compliance Certification or SOC Report with an equivalent
or enhanced alternative.
c. Partner may conduct an audit to verify Google’s compliance with its obligations
under this Addendum by reviewing the Security Documentation (which reflects
the outcome of audits conducted by Google’s Third Party Auditor).
a. Partner must send any requests for reviews of the SOC 2 report under Section
5.1.2(c)(i) or 7.5.1, or audits under Section 7.5.2(a) or 7.5.2(b), to Google’s Cloud
Data Protection Team as described in Section 12 (Cloud Data Protection Team;
Processing Records).
c. Google may charge a fee (based on Google’s reasonable costs) for any audit
under Section 7.5.2(a) or 7.5.2(b). Google will provide Partner with further details
of any applicable fee, and the basis of its calculation, in advance of any such
audit. Partner will be responsible for any fees charged by any auditor appointed
by Partner to execute any such audit.
c. if subsections (a) and (b) above are insufficient for Partner (or the relevant
controller) to comply with such obligations, upon Partner’s request, providing
Partner with additional reasonable cooperation and assistance.
9. Access etc.; Data Subject Rights; Data Export
9.1 Access; Rectification; Restricted Processing; Portability. During the Term,
Google will enable Partner, in a manner consistent with the functionality of the
Services, to access, rectify and restrict processing of Partner Data, including via
the deletion functionality provided by Google as described in Section 6.1
(Deletion by Partner), and to export Partner Data. If Partner becomes aware that
any Partner Personal Data is inaccurate or outdated, Partner will be responsible
for using such functionality to rectify or delete that data if required by applicable
European Data Protection Law.
9.2.1 Responsibility for Requests. During the Term, if Google’s Cloud Data
Protection Team receives a request from a data subject that relates to Partner
Personal Data and identifies Partner, Google will: (a) advise the data subject to
submit their request to Partner; (b) promptly notify Partner; and (c) not otherwise
respond to that data subject’s request without authorization from Partner.
Partner will be responsible for responding to any such request including, where
necessary, by using the functionality of the Services.
9.2.2 Google’s Data Subject Request Assistance. Google will (taking into account
the nature of the processing of Partner Personal Data) assist Partner in fulfilling
its (or, where Partner is a processor, the relevant controller’s) obligations under
Chapter III of the GDPR to respond to requests for exercising the data subject’s
rights by:
c. if subsections (a) and (b) above are insufficient for Partner (or the relevant
controller) to comply with such obligations, upon Partner’s request, providing
Partner with additional reasonable cooperation and assistance.
10. Data Transfers
10.1 Data Storage and Processing Facilities. Subject to Google’s data location
commitments under the Service Specific Terms and the remainder of this Section
10 (Data Transfers), Partner Data may be processed in any country in which
Google or its Subprocessors maintain facilities.
10.2 Restricted European Transfers. The parties acknowledge that European Data
Protection Law does not require SCCs or an Alternative Transfer Solution in order
for Partner Personal Data to be processed in or transferred to an Adequate
Country. If Partner Personal Data is transferred to any other country and
European Data Protection Law applies to the transfers (as certified by Partner
under Section 10.3 (Certification by Non-EMEA Partners) if its billing address is
outside EMEA) (“Restricted European Transfers”), then:
10.4 Supplementary Measures and Information. Google will provide Partner with
information relevant to Restricted European Transfers, including information
about Additional Security Controls and other supplementary measures to protect
Partner Personal Data:
10.5 Termination. If Partner concludes, based on its current or intended use of the
Services, that the Alternative Transfer Solution and/or SCCs, as applicable, do not
provide appropriate safeguards for Partner Personal Data, then Partner may
immediately terminate the Agreement for convenience by notifying Google.
10.6 Data Center Information. The locations of Google data centers are described
at https://cloud.google.com/about/locations/.
11. Subprocessors
11.1 Consent to Subprocessor Engagement. Partner specifically authorizes the
engagement as Subprocessors of those entities disclosed under Section 11.2
(Information about Subprocessors) as of the Addendum Effective Date. In
addition, without prejudice to Section 11.4 (Opportunity to Object to
Subprocessor Changes), Partner generally authorizes the engagement of other
third parties as Subprocessors (“New Subprocessors”).
i. the Subprocessor only accesses and uses Partner Data to the extent required to
perform the obligations subcontracted to it, and does so in accordance with the
Agreement (including this Addendum); and
b. remain fully liable for all obligations subcontracted to, and all acts and
omissions of, the Subprocessor.
a. When any New Subprocessor is engaged during the Term, Google will, at least
30 days before the New Subprocessor starts processing any Partner Data, notify
Partner of the engagement (including the name, location and activities of the
New Subprocessor).
b. Partner may, within 90 days after being notified of the engagement of a New
Subprocessor, object by immediately terminating the Agreement for convenience
by notifying Google.
12. Cloud Data Protection Team; Processing Records
12.1 Cloud Data Protection Team. Google’s Cloud Data Protection Team will
provide prompt and reasonable assistance with any Partner queries related to
processing of Partner Data under the Agreement and can be contacted:
a. at https://support.google.com/cloud/contact/dpo; or
12.3 Controller Requests. During the Term, if Google’s Cloud Data Protection
Team receives a request or instruction from a third party purporting to be a
controller of Partner Personal Data, Google will advise the third party to contact
Partner.
13. Interpretation
13.1 Precedence. To the extent of any conflict or inconsistency between:
a. this Addendum and the remainder of the Agreement, this Addendum will
prevail; and
b. any Partner SCCs (which are incorporated by reference into this Addendum)
and the remainder of the Agreement (including this Addendum), the Partner SCCs
will prevail.
13.2 Legacy UK SCCs. The supplementary terms for UK GDPR transfers in the
SCCs will, as of 21 September 2022, supersede and terminate any standard
contractual clauses approved under the UK GDPR or Data Protection Act 2018
and previously entered into by Partner and Google.
13.4 Customers. For the avoidance of doubt, Customers are not third party
beneficiaries of this Addendum.
Appendix 1: Subject Matter and Details of the Data Processing
Subject Matter
The Term plus the period from the end of the Term until deletion of all Partner
Data by Google in accordance with this Addendum.
Google will process Partner Personal Data for the purposes of providing the
Services and TSS to Partner in accordance with this Addendum.
Categories of Data
Data relating to individuals provided to Google via the Services, by (or at the
direction of) Partner or its Customers or by Partner End Users.
Data Subjects
Data subjects include the individuals about whom data is provided to Google via
the Services by (or at the direction of) Partner or its Customers or by Partner End
Users.
Appendix 2: Security Measures
As from the Addendum Effective Date, Google will implement and maintain the
Security Measures described in this Appendix 2.
1. Data Center and Network Security
Power. The data center electrical power systems are designed to be redundant
and maintainable without impact to continuous operations, 24 hours a day, 7
days a week. In most cases, a primary as well as an alternate power source, each
with equal capacity, is provided for critical infrastructure components in the data
center. Backup power is provided by various mechanisms such as uninterruptible
power supplies (UPS) batteries, which supply consistently reliable power
protection during utility brownouts, blackouts, over voltage, under voltage, and
out-of-tolerance frequency conditions. If utility power is interrupted, backup
power is designed to provide transitory power to the data center, at full capacity,
for up to 10 minutes until the backup generator systems take over. The backup
generators are capable of automatically starting up within seconds to provide
enough emergency electrical power to run the data center at full capacity
typically for a period of days.
Businesses Continuity. Google has designed and regularly plans and tests its
business continuity planning/disaster recovery programs.
Data Transmission. Data centers are typically connected via high-speed private
links to provide secure and fast data transfer between data centers. This is
designed to prevent data from being read, copied, altered or removed without
authorization during electronic transfer or transport or while being recorded onto
data storage media. Google transfers data via Internet standard protocols.
External Attack Surface. Google employs multiple layers of network devices and
intrusion detection to protect its external attack surface. Google considers
potential attack vectors and incorporates appropriate purpose built technologies
into external facing systems.
1. tightly controlling the size and make-up of Google’s attack surface through
preventative measures;
On-site Data Center Security Operation. Google’s data centers maintain an on-site
security operation responsible for all physical data center security functions 24
hours a day, 7 days a week. The on-site security operation personnel monitor
closed circuit TV (CCTV) cameras and all alarm systems. On-site security
operation personnel perform internal and external patrols of the data center
regularly.
Data Center Access Procedures. Google maintains formal access procedures for
allowing physical access to the data centers. The data centers are housed in
facilities that require electronic card key access, with alarms that are linked to the
on-site security operation. All entrants to the data center are required to identify
themselves as well as show proof of identity to on-site security operations. Only
authorized employees, contractors and visitors are allowed entry to the data
centers. Only authorized employees and contractors are permitted to request
electronic card key access to these facilities. Data center electronic card key
access requests must be made through e-mail, and require the approval of the
requestor’s manager and the data center director. All other entrants requiring
temporary data center access must: (i) obtain approval in advance from the data
center managers for the specific data center and internal areas they wish to visit;
(ii) sign in at on-site security operations; and (iii) reference an approved data
center access record identifying the individual as approved.
On-site Data Center Security Devices. Google’s data centers employ a dual
authentication access control system that is linked to a system alarm. The
access control system monitors and records each individual’s electronic card key
and when they access perimeter doors, shipping and receiving, and other critical
areas. Unauthorized activity and failed access attempts are logged by the access
control system and investigated, as appropriate. Authorized access throughout
the business operations and data centers is restricted based on zones and the
individual’s job responsibilities. The fire doors at the data centers are alarmed.
CCTV cameras are in operation both inside and outside the data centers. The
positioning of the cameras has been designed to cover strategic areas including,
among others, the perimeter, doors to the data center building, and
shipping/receiving. On-site security operations personnel manage the CCTV
monitoring, recording and control equipment. Secure cables throughout the data
centers connect the CCTV equipment. Cameras record on site via digital video
recorders 24 hours a day, 7 days a week. The surveillance records are retained
for up to 30 days based on activity.
Infrastructure Security Personnel. Google has, and maintains, a security policy for
its personnel, and requires security training as part of the training package for its
personnel. Google’s infrastructure security personnel are responsible for the
ongoing monitoring of Google’s security infrastructure, the review of the Services,
and responding to security incidents.
Internal Data Access Processes and Policies – Access Policy. Google’s internal
data access processes and policies are designed to prevent unauthorized
persons and/or systems from gaining access to systems used to process Partner
Data. Google designs its systems to (i) only allow authorized persons to access
data they are authorized to access; and (ii) ensure that Partner Data cannot be
read, copied, altered or removed without authorization during processing, use and
after recording. The systems are designed to detect any inappropriate access.
Google employs a centralized access management system to control personnel
access to production servers, and only provides access to a limited number of
authorized personnel. Google’s authentication and authorization systems utilize
SSH certificates and security keys, and are designed to provide Google with
secure and flexible access mechanisms. These mechanisms are designed to
grant only approved access rights to site hosts, logs, data and configuration
information. Google requires the use of unique user IDs, strong passwords, two
factor authentication and carefully monitored access lists to minimize the
potential for unauthorized account use. The granting or modification of access
rights is based on: the authorized personnel’s job responsibilities; job duty
requirements necessary to perform authorized tasks; and a need to know basis.
The granting or modification of access rights must also be in accordance with
Google’s internal data access policies and training. Approvals are managed by
workflow tools that maintain audit records of all changes. Access to systems is
logged to create an audit trail for accountability. Where passwords are employed
for authentication (e.g. login to workstations), password policies that follow at
least industry standard practices are implemented. These standards include
restrictions on password reuse and sufficient password strength. For access to
extremely sensitive information (e.g. credit card data), Google uses hardware
tokens.
3. Data
(a) Data Storage, Isolation and Logging. Google stores data in a multi-tenant
environment on Google-owned servers. Subject to any Instructions to the contrary
(e.g. in the form of a data location selection), Google replicates Partner Data
between multiple geographically dispersed data centers. Google also logically
isolates Partner Data. Partner will be given control over specific data sharing
policies. Those policies, in accordance with the functionality of the Services, will
enable Partner to determine the product sharing settings applicable to Partner
End Users for specific purposes. Partner may choose to use logging functionality
that Google makes available via the Services.
(b) Decommissioned Disks and Disk Erase Policy. Disks containing data may
experience performance issues, errors or hardware failure that lead them to be
decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is
subject to a series of data destruction processes (the “Disk Erase Policy”) before
leaving Google’s premises either for reuse or destruction. Decommissioned Disks
are erased in a multi-step process and verified complete by at least two
independent validators. The erase results are logged by the Decommissioned
Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is
released to inventory for reuse and redeployment. If, due to hardware failure, the
Decommissioned Disk cannot be erased, it is securely stored until it can be
destroyed. Each facility is audited regularly to monitor compliance with the Disk
Erase Policy.
4. Personnel Security
Google personnel are required to conduct themselves in a manner consistent
with the company’s guidelines regarding confidentiality, business ethics,
appropriate usage, and professional standards. Google conducts reasonably
appropriate backgrounds checks to the extent legally permissible and in
accordance with applicable local labor law and statutory regulations.
5. Subprocessor Security