This Cloud Data Processing Addendum (including its appendices, the “Addendum”) is incorporated into the Agreement (as defined below) between Google and Partner. This Addendum was formerly known as the “Data Processing and Security Terms” for Google Cloud Platform and as the “Data Processing Addendum” or “Data Processing and Security Terms” for Looker (original) or Google SecOps Services.
1. Overview
This Addendum describes the parties’ obligations, including under applicable privacy, data security, and data protection laws, with respect to the processing and security of Partner Data. This Addendum will be effective on the Addendum Effective Date (as defined below), and will replace any terms previously applicable to the processing and security of Partner Data. Capitalized terms used but not defined in this Addendum have the meaning given to them in the Agreement.
2. Definitions
2.1 In this Addendum:
2.2 The terms “personal data”, “data subject”, “processing”, “controller”, and “processor” as used in this Addendum have the meanings given by Applicable Privacy Law or, absent any such meaning or law, by the EU GDPR.
2.3 The terms “data subject”, “controller” and “processor” include “consumer”, “business”, and “service provider”, respectively, as required by Applicable Privacy Law.
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. Roles; Legal Compliance
4.1 Roles of Parties. Google is a processor and Partner is a controller or processor, as applicable, of Partner Personal Data.
4.2 Processing Summary. The subject matter and details of the processing of Partner Personal Data are described in Appendix 1 (Subject Matter and Details of Data Processing).
4.3 Compliance with Law. Each party will comply with its obligations related to the processing of Partner Personal Data under Applicable Privacy Law.
4.4 Additional Legal Terms. To the extent the processing of Partner Personal Data is subject to an Applicable Privacy Law described in Appendix 3 (Specific Privacy Laws), the corresponding terms in Appendix 3 will apply in addition to these General Terms and prevail as described in Section 14.1 (Precedence).
5. Data Processing
5.1 Processor Partners. If Partner is a processor:
a. Partner warrants on an ongoing basis that the relevant Customer and controller has authorized:
i. the Instructions;
ii. Partner’s engagement of Google as another processor; and
iii. Google’s engagement of Subprocessors as described in Section 11 (Subprocessors);
b. Partner will forward to the relevant Customer and controller promptly and without undue delay any notice provided by Google under Section 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests), or 11.4 (Opportunity to Object to Subprocessors); and
c. Partner may make available to the relevant Customer and controller any other information made available by Google under this Addendum about the locations of Google data centers or the names, locations and activities of Subprocessors.
5.2 Compliance with Partner’s Instructions. Partner instructs Google to process Partner Data in accordance with the Agreement (including this Addendum) only as follows:
a. to provide, secure, and monitor the Services and TSS; and
b. as further specified via:
i. Partner’s use of the Services (including via the Admin Console) and TSS; and
ii. any other written instructions given by Partner and acknowledged by Google as constituting instructions under this Addendum
(collectively, the “Instructions”).
Google will comply with the Instructions unless prohibited by European Law, where European Data Protection Law applies, or prohibited by applicable law, where any other Applicable Privacy Law applies.
6. Data Deletion
6.1 Deletion by Partner. Google will enable Partner to delete Partner Data during the Term in a manner consistent with the functionality of the Services. If Partner uses the Services to delete any Partner Data during the Term and that Partner Data cannot be recovered by Partner, this use will constitute an Instruction to Google to delete the relevant Partner Data from Google’s systems. Google will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage, where European Data Protection Law applies, or applicable law requires storage, where any other Applicable Privacy Law applies.
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. 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, where European Data Protection Law applies, or applicable law requires storage, where any other Applicable Privacy Law applies.
7. Data Security
7.1 Google’s Security Measures, Controls and Assistance.
7.1.1 Google’s Security Measures. Google will implement and maintain technical, organizational, and physical measures to protect Partner Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (Security Measures) (the “Security Measures”). The Security Measures include measures to encrypt Partner Data; to help ensure ongoing confidentiality, integrity, availability and resilience of Google’s systems and services; to help restore timely access to Partner Data following an incident; and for regular testing of effectiveness. Google may update the Security Measures from time to time provided that such updates do not result in a material reduction of the security of the Services.
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 relating to security and personal data breaches under Applicable Privacy Law, by:
a. implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Google’s Security Measures);
b. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls);
c. complying with the terms of Section 7.2 (Data Incidents);
d. making the Security Documentation available in accordance with Section 7.5.1 (Reviews of Security Documentation) and providing the information contained in the Agreement (including this Addendum); and
e. if subsections (a)-(d) 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.
7.2 Data Incidents.
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.
7.2.2 Details of Data Incident. Google’s notification of a Data Incident will describe: the nature of the Data Incident including the Partner resources impacted; the measures Google has taken, or plans to take, to address the Data Incident and mitigate its potential risk; the measures, if any, Google recommends that Partner take to address the Data Incident; and details of a contact point where more information can be obtained. If it is not possible to provide all such information at the same time, Google’s initial notification will contain the information then available and further information will be provided without undue delay as it becomes available.
7.2.3 No Assessment of Partner Data by Google. Google has no obligation to assess Partner Data in order to identify information subject to any specific legal requirements.
7.2.4 No Acknowledgement of Fault by Google. Google’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Google of any fault or liability with respect to the Data Incident.
7.3 Partner’s Security Responsibilities and Assessment.
7.3.1 Partner’s Security Responsibilities. Without prejudice to Google’s obligations under Sections 7.1 (Google’s Security Measures, Controls and Assistance) and 7.2 (Data Incidents), and elsewhere in the Agreement, as between Google and Partner, Partner is responsible for its and its Customers’ use of the Services and its and their storage of any copies of Partner Data outside Google’s or Google’s Subprocessors’ systems, including:
a. using the Services and Additional Security Controls to ensure a level of security appropriate to the risk to the Partner Data;
b. securing the account authentication credentials, systems and devices Partner and its Customers use to access the Services; and
c. backing up its Partner Data as appropriate.
7.3.2 Partner’s Security Assessment. Partner agrees that the Services, Security Measures, 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 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 to verify the continued effectiveness of the Security Measures:
a. certificates for ISO 27001 and any additional certifications described in Appendix 4 (Specific Products) (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.
7.5 Reviews and Audits of Compliance.
7.5.1 Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make the Security Documentation available for review by Partner and, if Partner is a processor, allow Partner to request access to the SOC Reports for the relevant Customer and controller in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
7.5.2 Partner’s Audit Rights.
a. Partner Audit. Google will, if required under Applicable Privacy Law, allow Partner or an independent auditor appointed by Partner to conduct audits (including inspections) to verify Google’s compliance with its obligations under this Addendum in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits). During an audit, Google will reasonably cooperate with Partner or its auditor as described in this Section 7.5 (Reviews and Audits of Compliance).
b. Partner Independent Review. 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).
7.5.3 Additional Business Terms for Reviews and Audits.
a. Partner must contact Google’s Cloud Data Protection Team to request:
i. access to the SOC Reports for a relevant controller under Section 7.5.1 (Reviews of Security Documentation); or
ii. an audit under Section 7.5.2(a) (Partner Audit).
b. Following a Partner request under Section 7.5.3(a), Google and Partner will discuss and agree in advance on:
i. security and confidentiality controls applicable to any access to the SOC Reports by a relevant controller under Section 7.5.1 (Reviews of Security Documentation); and
ii. the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit under Section 7.5.2(a) (Partner Audit).
c. Google may charge a fee (based on Google’s reasonable costs) for any audit under Section 7.5.2(a) (Partner Audit). 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.
d. Google may object in writing to an auditor appointed by Partner to conduct any audit under Section 7.5.2(a) (Partner Audit) if the auditor is, in Google’s reasonable opinion, not suitably qualified or independent, a competitor of Google, or otherwise manifestly unsuitable. Any such objection by Google will require Partner to appoint another auditor or conduct the audit itself.
e. Any Partner requests under Appendix 3 (Specific Privacy Laws) or Appendix 4 (Specific Products) for access to any SOC reports for a relevant controller or for audits will also be subject to this Section 7.5.3 (Additional Business Terms for Reviews and Audits).
8. Impact Assessments and Consultations
Google will (taking into account the nature of the processing and the information available to Google) assist Partner in ensuring compliance with its (or, where Partner is a processor, the relevant controller’s) obligations relating to data protection assessments, risk assessments, prior regulatory consultations or equivalent procedures under Applicable Privacy Law, by:
a. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls) and the Security Documentation available in accordance with Section 7.5.1 (Reviews of Security Documentation);
b. providing the information contained in the Agreement (including this Addendum); and
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 Privacy Law.
9.2 Data Subject Requests.
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 Applicable Privacy Law to respond to requests for exercising the data subject’s rights by:
a. making Additional Security Controls available in accordance with Section 7.1.3 (Additional Security Controls);
b. complying with Sections 9.1 (Access; Rectification; Restricted Processing; Portability) and 9.2.1 (Responsibility for Requests); and
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 Processing Locations
10.1 Data Storage and Processing Facilities. Subject to Google’s data location commitments under the Service Specific Terms and data transfer commitments under Appendix 3 (Specific Privacy Laws), if applicable, Partner Data may be processed in any country where Google or its Subprocessors maintain facilities.
10.2 Data Center Information. The locations of Google data centers are described in Appendix 4 (Specific Products).
11. Subprocessors
11.1 Consent to Subprocessor Engagement. Partner specifically authorizes Google’s engagement as Subprocessors of those entities disclosed as described in Section 11.2 (Information about Subprocessors) as of the Addendum Effective Date. In addition, without prejudice to Section 11.4 (Opportunity to Object to Subprocessors), Partner generally authorizes Google’s engagement of other third parties as Subprocessors (“New Subprocessors”).
11.2 Information about Subprocessors. Names, locations, and activities of Subprocessors are described in Appendix 4 (Specific Products).
11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, Google will:
a. ensure via a written contract that:
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
ii. if required under Applicable Privacy Laws, the data protection obligations described in this Addendum are imposed on the Subprocessor (as may be further described in Appendix 3 (Specific Privacy Laws)); and
b. remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
11.4 Opportunity to Object to Subprocessors.
a. When Google engages any New Subprocessor 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:
i. in accordance with that Agreement's termination for convenience provision; or
ii. if there is no such provision, 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 as described in the Notices section of the Agreement or in Appendix 4 (Specific Products).
12.2 Google’s Processing Records. Google will keep appropriate documentation of its processing activities as required by Applicable Privacy Law. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Partner or its Customers, Partner will use the Admin Console or other means identified in Appendix 4 (Specific Products) to supply such information and keep it accurate and up-to-date. Google may make any such information available to competent regulators, including a Supervisory Authority, if required by Applicable Privacy Law.
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. Notices
Notices under this Addendum (including notifications of any Data Incidents) will be delivered to the Notification Email Address. Partner is responsible for using the Admin Console, or otherwise notifying Google, to ensure that its Notification Email Address remains current and valid.
14. Interpretation
14.1 Precedence. To the extent of any conflict between:
a. Appendix 3 (Specific Privacy Laws) and the remainder of the Addendum (including Appendix 4 (Specific Products)), Appendix 3 will prevail; and
b. Appendix 4 (Specific Products) and the remainder of the Addendum (excluding Appendix 3), Appendix 4 will prevail; and
c. this Addendum and the remainder of the Agreement, this Addendum will prevail.
14.2 Section References. Unless indicated otherwise, section references in any Appendix to this Addendum refer to sections of the General Terms of the Addendum.
14.3 Customers. For the avoidance of doubt, Customers are not third party beneficiaries of this Addendum.
Subject Matter
Google’s provision of the Services and TSS to Partner.
Duration of the Processing
The Term plus the period from the end of the Term until deletion of all Partner Data by Google in accordance with this Addendum.
Nature and Purpose of the Processing
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.
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
(a) Data Centers.
Infrastructure. Google maintains geographically distributed data centers. Google stores all production data in physically secure data centers.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow Google to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard change process according to documented procedures.
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.
Server Operating Systems. Google servers use a Linux based implementation customized for the application environment. Data is stored using proprietary algorithms to augment data security and redundancy.
Code Quality. Google employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.
Businesses Continuity. Google has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
(b) Networks and Transmission.
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.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Google’s intrusion detection involves: (i) tightly controlling the size and make-up of Google’s attack surface through preventative measures; (ii) employing intelligent detection controls at data entry points; and (iii) employing technologies that automatically remedy certain dangerous situations.
Incident Response. Google monitors a variety of communication channels for security incidents, and Google’s security personnel will react promptly to known incidents.
Encryption Technologies. Google makes HTTPS encryption (also referred to as SSL or TLS connection) available. Google servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
(a) Site Controls.
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.
(b) Access Control.
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.
Access Control and Privilege Management. Partner’s Administrators and Partner End Users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Services.
Internal Data Access Processes and Policies – Access Policy. Google’s internal data access processes and policies are designed to prevent unauthorized persons and 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 background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.
Google personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Google’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Partner Data are required to complete additional requirements appropriate to their role (e.g. certifications). Google’s personnel will not process Partner Data without authorization.
5. Subprocessor Security
Before onboarding Subprocessors, Google conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Google has assessed the risks presented by the Subprocessor, then subject to the requirements described in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.
The terms in each subsection of this Appendix 3 apply only where the corresponding law applies to the processing of Partner Personal Data.
European Data Protection Law
1. Additional Definitions.
(a) for data processed subject to the EU GDPR: the European Economic Area, 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; or
(c) for data processed subject to the Swiss FADP: 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, if applicable; or (ii) recognized as ensuring adequate protection by the Swiss Federal Council under the Swiss FADP;
in each case, other than on the basis of an optional data protection framework.
2. Instruction Notifications. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Partner’s Instructions) or any other rights or obligations of either party under the Agreement, Google will immediately notify Partner if, in Google’s opinion:
a. European Law prohibits Google from complying with an Instruction;
b. an Instruction does not comply with European Data Protection Law; or
c. Google is otherwise unable to comply with an Instruction,in each case unless such notice is prohibited by European Law.
If Partner is a processor, Partner will immediately forward to the relevant controller any notice provided by Google under this section.
3. Partner’s Audit Rights. Google will allow Partner or an independent auditor appointed by Partner to conduct audits (including inspections) as described in Section 7.5.2(a) (Partner Audit). During such an audit, Google will make available all information necessary to demonstrate compliance with its obligations under this Addendum and contribute to the audit as described in Section 7.5 (Reviews and Audits of Compliance) and this section.
4. Data Transfers.
4.1 Restricted 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 4.2 (Certification by Non-EMEA Partners) of these European Data Protection Law terms, if its billing address is outside EMEA) (“Restricted Transfers”), then:
a. if Google has adopted an Alternative Transfer Solution for any Restricted Transfers, Google will inform Partner of the relevant solution and ensure that such Restricted Transfers are made in accordance with it; or
b. if Google has not adopted an Alternative Transfer Solution for any Restricted Transfers, or informs Partner that Google is no longer adopting, an Alternative Transfer Solution for any Restricted Transfers (without adopting a replacement Alternative Transfer Solution):
i. if Google’s address is in an Adequate Country:
A. the SCCs (Processor-to-Processor, Google Exporter) will apply with respect to such Restricted Transfers from Google to Subprocessors; and
B. in addition, if Partner’s billing address is not in an Adequate Country, the SCCs (Processor-to Controller) will apply (regardless of whether Partner is a controller or processor) with respect to such Restricted Transfers between Google and Partner; or
ii. if Google’s address is not in an Adequate Country, the SCCs (Controller-to-Processor) or SCCs (Processor-to-Processor) will apply (according to whether Partner is a controller or processor) with respect to such Restricted Transfers between Google and Partner.
4.2 Certification by Non-EMEA Partners. If Partner’s billing address is outside EMEA, and the processing of Partner Personal Data is subject to European Data Protection Law, then unless Appendix 4 (Specific Products) of this Addendum indicates otherwise, Partner will certify as such and identify its competent Supervisory Authority via the Admin Console for the applicable Services.
4.3 Information about Restricted Transfers. Google will provide Partner with information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures:
a. as described in Section 7.5.1 (Reviews of Security Documentation);
b. in any additional locations described in Appendix 4 (Specific Products); and
c. in relation to Google’s adoption of an Alternative Transfer Solution, at https://cloud.google.com/terms/alternative-transfer-solution.
4.4 SCC Audits. If Partner SCCs apply as described in Section 4.1 (Restricted Transfers) of these European Data Protection Law terms, Google will allow Partner (or an independent auditor appointed by Partner) to conduct audits as described in those SCCs and, during an audit, make available all information required by those SCCs, both in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
4.5 SCC Notices. Partner will forward to the relevant controller promptly and without undue delay any notice that refers to any SCCs.
4.6 Termination Due to Data Transfer Risk. If Partner concludes, based on its current or intended use of the Services, that appropriate safeguards are not provided for transferred Partner Personal Data, then Partner may immediately terminate the Agreement in accordance with that Agreement's termination for convenience provision or, if there is no such provision, by notifying Google.
4.7 No Modification of SCCs. Nothing in the Agreement (including this Addendum) is intended to modify or contradict any SCCs or prejudice the fundamental rights or freedoms of data subjects under European Data Protection Law.
4.8 Precedence of SCCs. To the extent of any conflict or inconsistency between 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.
5. Requirements for Subprocessor Engagement. European Data Protection Law requires Google to ensure via a written contract that the data protection obligations described in this Addendum, as referred to in Article 28(3) of the GDPR, if applicable, are imposed on any Subprocessor engaged by Google.
CCPA
1. Additional Definitions.
2. Prohibitions. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Partner’s Instructions), with respect to the processing of Partner Personal Data in accordance with the CCPA, Google will not, unless otherwise permitted under the CCPA:
a. sell or share Partner Personal Data;
b. retain, use or disclose Partner Personal Data:
i. other than for a business purpose under the CCPA on behalf of Partner and for the specific purpose of performing the Services and TSS; or
ii. outside of the direct business relationship between Google and Partner; or
c. combine or update Partner Personal Data with personal information that Google receives from or on behalf of a third party or collects from its own interactions with the consumer.
3. Compliance. Without prejudice to Google’s obligations under Section 5.2 (Compliance with Partner’s Instructions) or any other rights or obligations of either party under the Agreement, Google will notify Partner if, in Google’s opinion, Google is unable to meet its obligations under the CCPA, unless such notice is prohibited by applicable law.
4. Partner Intervention. If Google notifies Partner of any unauthorized use of Partner Personal Data, including under Section 3 (Compliance) of this subsection or Section 7.2.1 (Incident Notification), Partner may take reasonable and appropriate steps to stop or remediate such unauthorized use by:
a. taking any measures recommended by Google pursuant to Section 7.2.2 (Details of Data Incident), if applicable; or
b. exercising its rights under Section 7.5.2(a) (Partner Audit) or 9.1 (Access; Rectification; Restricted Processing; Portability).
Turkey
1. Additional Definitions.
2. Data Transfers.
2.1 Supplementary Terms. If Partner’s billing address is in Turkey and Google makes any optional additional terms (including Turkish SCCs) available for acceptance by Partner in relation to transfers of Partner Personal Data under Turkish Data Protection Law, those terms will supplement this Addendum as from the date they are notified to the Turkish Personal Data Protection Authority in accordance with Section 2.2 (Notification to the Competent Authority) below, as evidenced by Partner to Google.
2.2 Notification to the Competent Authority. If Partner enters into Turkish SCCs under this Section 2 (Data Transfers), Partner will be responsible for notifying the Turkish Personal Data Protection Authority of use of Turkish SCCs within five (5) business days of signature of the Turkish SCCs as required by Turkish Data Protection Law.
2.3 SCC Audits. If Partner enters into Turkish SCCs under this Section 2 (Data Transfers), Google will allow Partner (or an independent auditor appointed by Partner) to conduct audits as described in those SCCs and, during an audit, make available all information required by those SCCs, both in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
2.4 Termination Due to Data Transfer Risk. If Partner concludes, based on its current or intended use of the Services, that appropriate safeguards are not provided for transferred Partner Personal Data, then Partner may immediately terminate the applicable Agreement in accordance with that Agreement's termination for convenience provision or, if there is no such provision, by notifying Google.
2.5 No Modification of Turkish SCCs. Nothing in the Agreement (including this Addendum) is intended to modify or contradict the Turkish SCCs or prejudice the fundamental rights or freedoms of data subjects under Turkish Data Protection Law.
2.6 Precedence of SCCs. To the extent of any conflict or inconsistency between the Turkish SCCs (which will be incorporated by reference into this Addendum if entered into by Partner) and the remainder of the Agreement (including this Addendum), the Turkish SCCs will prevail.
Israel
1. Additional Definition.
2. Equivalent Terms. Any terms equivalent to “controller”, “personal data”, “processing”, and “processor”, as used in this Addendum, have the meanings given in the Israeli Privacy Protection Law.
3. Partner’s Audit Rights. Google will allow Partner or an independent auditor appointed by Partner to conduct audits (including inspections) as described in Section 7.5.2(a) (Partner Audit).
The terms in each subsection of this Appendix 4 apply solely with respect to the processing of Partner Data by the corresponding Service(s).
Google Cloud Platform
1. Additional Definitions.
2. Compliance Certifications. The Compliance Certifications for Google Cloud Platform Audited Services will also include certificates for ISO 27017 and ISO 27018 and a PCI DSS Attestation of Compliance.
3. Data Center Locations. The locations of Google Cloud Platform data centers are described at https://cloud.google.com/about/locations/.
4. Information about Subprocessors. Names, locations, and activities of Google Cloud Platform Subprocessors are described at https://cloud.google.com/terms/subprocessors.
5. Cloud Data Protection Team. The Data Protection Team for Google Cloud Platform can be contacted at https://support.google.com/cloud/contact/dpo.
6. Information about Restricted Transfers. Additional information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures is available at https://cloud.google.com/privacy.
7. Service Specific Terms.
Bare Metal Solution (Google Cloud Platform)
Bare Metal Solution provides non-virtualized access to underlying infrastructure resources and, by design, has certain distinct characteristics.
1. Amendments. This Addendum is amended as follows with respect to Bare Metal Solution:
2. Compliance Certifications and SOC Reports. Google or its Subprocessor will maintain at least the following (or an equivalent or enhanced alternative) for Bare Metal Solution to verify the continued effectiveness of the Security Measures:
a. a certificate for ISO 27001 and a PCI DSS Attestation of Compliance (the "BMS Compliance Certifications"); and
b. SOC 1 and SOC 2 reports updated annually based on an audit performed at least once every 12 months (the "BMS SOC Reports").
3. Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make the BMS Compliance Certifications and BMS SOC Reports available for review by Partner and, if Partner is a processor, allow Partner to request access for the relevant controller to the BMS SOC Reports in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
4. Partner Obligations. Without limiting Google's express obligations related to Bare Metal Solution, Partner will take reasonable steps to protect and maintain the security of Partner Data and any other content stored on or processed through Bare Metal Solution.
5. Disclaimer. Notwithstanding anything to the contrary in the Agreement (including this Addendum), Google is not responsible for any of the following in relation to Bare Metal Solution:
a. non-physical security, such as access controls, encryption, firewalls, antivirus protection, threat detection, and security scanning;
b. logging and monitoring;
c. non-hardware maintenance or support;
d. data backup, including any redundancy or high-availability configuration; or
e. business continuity and disaster recovery policies or procedures.
Partner is solely responsible for securing (other than physical security of Bare Metal Solution servers), logging and monitoring, maintaining and supporting, and backing up any Operating Systems, Partner Data, software, and applications Partner uses with, uploads to, or hosts on Bare Metal Solution.
Cloud NGFW (Google Cloud Platform)
The edition of Cloud NGFW titled “Cloud NGFW Enterprise” (“CNE”) is designed to mitigate cybersecurity risks and, as such, has certain distinct characteristics.
1. Amendments. The Addendum is amended as follows with respect to CNE:
Google Distributed Cloud Edge (Google Cloud Platform)
Google Distributed Cloud Edge (“GDCE”) is not deployed at a Google data center and, by design, has certain distinct characteristics.
1. Amendments. This Addendum is amended as follows with respect to GDCE:
Local Machines. Partner Data is solely stored on the Equipment to be deployed in a Customer Location.
Server Operating Systems. Google servers use a Linux based implementation customized for the application environment. Google employs a code review process to increase the security of the code used to provide GDCE and enhance the security products in GDCE production environments.
Encryption Technologies. Google makes HTTPS encryption (also referred to as SSL or TLS connection) available and allows for encryption of data in transit. Google servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough. Google also makes encryption of data at rest available, using at least AES128 or similar. GDCE has a CMEK integration; more information can be found at https://cloud.google.com/kms/docs/cmek.
Connection to Cloud VPN. Google allows Partner to enable and configure a strong, encrypted interconnection between the Equipment and Partner's Virtual Private Cloud using Cloud VPN through an IPSEC VPN connection.
Bound Storage. Partner's data storage is bound to the server. Should a disk be stolen or copied at rest, the contents of such disk will be unrecoverable outside of the server.
2. Inapplicable Provisions. Any Google obligations in the Agreement (including this Addendum) or statements in associated security documentation (including whitepapers) that depend on Google’s operation of a Google data center do not apply to GDCE.
Google-Managed Multi-Cloud (Google Cloud Platform)
Google-Managed Multi-Cloud Services involve third-party infrastructure and, by design, have certain distinct characteristics.
1. Additional Definition.
2. Multi-Cloud Data Processing Terms. The Google-Managed MCS Data Processing Amendment supplements and amends this Addendum with respect to Google-Managed Multi-Cloud Services for Google Cloud Platform.
Google Cloud VMware Engine (Google Cloud Platform)
Google may not have access to Partner's VMware environment or be able to encrypt personal data in Partner's VMware environment.
NetApp Volumes (Google Cloud Platform)
1. Amendments. This Addendum is amended as follows with respect to NetApp Volumes:
2. Compliance Certifications and SOC Reports. Google or its Subprocessor will obtain at least the following (or an equivalent or enhanced alternative) for NetApp Volumes:
a. a certificate for ISO 27001 and a PCI DSS Attestation of Compliance (the "NetApp Compliance Certifications"); and
b. SOC 1 and SOC 2 Reports updated annually based on an audit performed at least once every 12 months (the "NetApp SOC Reports").
3. Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under this Addendum, Google will make any NetApp Compliance Certifications and NetApp SOC Reports available for review by Partner and, if Partner is a processor, allow Partner to request access for the relevant controller to the NetApp SOC Reports in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
Looker (original)
1. Additional Definitions.
2. Amendments. This Addendum is amended as follows with respect to Looker (original):
3. Additional Partner Security Responsibilities. Partner is responsible for the security of Partner's environment, databases, and configuration for Looker (original) excluding systems managed and controlled by Google.
4. Compliance Certifications and SOC Reports. The Compliance Certifications and SOC Reports for Looker (original) Audited Services may vary according to the hosting environment in which the relevant Services are used. Google will provide details of the Compliance Certifications and SOC Reports available for specific hosting environments on request.
5. Data Center Locations. The locations of Looker (original) data centers will be described on the applicable Order Form or otherwise identified by Google.
6. No Certification by Non-EMEA Partners. Partner is not obliged to certify or identify its competent Supervisory Authority as described in Section 4.2 (Certification by Non-EMEA Partners) of the European Data Protection terms in Appendix 3 (Specific Privacy Laws) for Looker (original).
7. Information about Restricted Transfers. Additional information relevant to Restricted Transfers, Additional Security Controls and other supplementary protective measures for Looker (original) is available at https://docs.looker.com.
8. Information about Subprocessors. Names, locations and activities of Subprocessors for Looker (original) are described at:
a. https://cloud.google.com/terms/looker/privacy/lookeroriginal-subprocessors; and
b. https://cloud.google.com/terms/subprocessors.
9. Google-Managed Multi-Cloud (Looker (original))
Google-Managed Multi-Cloud Services involve third-party infrastructure and, by design, have certain distinct characteristics.
9.1 Multi-Cloud Data Processing Terms. The Google-Managed MCS Data Processing Amendment supplements and amends this Addendum with respect to Google-Managed Multi-Cloud Services for Looker (original).
10. Cloud Data Protection Team. The Data Protection Team for Looker (original) can be contacted at https://support.google.com/cloud/contact/dpo.
11. Google’s Processing Records. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Partner or its Customers, Partner will supply such information to Google upon request, and notify Google of any updates required to keep such information accurate and up-to-date, unless Google requests that Partner supply and update such information via another means.
12. Additional Application Security Measures. Google will implement and maintain the additional Security Measures described below for Looker (original):
a. Google follows at least industry standard practices for security architecture. Proxy servers used for Google’s applications help secure access to Looker by providing a single point to filter attacks through IP denylisting and connection rate limiting.
b. Partner administrators control access to applications by Google personnel to provide technical support requested by Partner or Partner End Users.
SecOps Services
1. Additional Definitions.
2. Amendments. This Addendum is amended as follows with respect to SecOps Services:
Google may add standards at any time. Google may replace a Compliance Certification or SOC Report with an equivalent or enhanced alternative.
3. Data Center Locations. The locations of SecOps Services data centers are described at https://cloud.google.com/terms/secops/data-residency.
4. No Certification by Non-EMEA Partners. Partner is not obliged to certify or identify its competent Supervisory Authority as described in Section 4.2 (Certification by Non-EMEA Partners) of the European Data Protection terms in Appendix 3 (Specific Privacy Laws) for SecOps Services.
5. Information about Subprocessors. Names, locations, and activities of Subprocessors for SecOps Services are described at https://cloud.google.com/terms/secops/subprocessors.
6. Cloud Data Protection Team. The Data Protection Team for SecOps Services can be contacted at https://support.google.com/cloud/contact/dpo (and/or via such other means as Google may provide from time to time).
7. Google’s Processing Records. To the extent any Applicable Privacy Law requires Google to collect and maintain records of certain information relating to Partner, Partner will supply such information to Google upon request, and notify Google of any updates required to keep such information accurate and up-to-date, unless Google requests that Partner supply and update such information via another means.
Previous Versions of Data Processing and Security Terms (Partners):
June 30, 2022 September 24, 2021 August 20, 2020 August 10, 2020 July 17, 2020 October 1, 2019 February 28, 2019 May 25, 2018 March 13, 2018
Previous Versions of SecOps Services DPST (Partners):
