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This Data Protection Addendum (“Addendum“) between PulseID (“PulseID”) and the Customer (as defined in the Agreement) forms part of the PulseID. Terms of Service set forth at https://www.pulseid.com/terms-of-use or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement“).
Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with PulseID. For the purposes of this Addendum only, and except where otherwise indicated, references to “Customer” shall include Customer and such Affiliates.
The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.
In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
The terms “Business“, “Business Purpose“, “commercial purpose“, “Contractor“, “Controller“, “Data Subject“, “Personal Data“, “Personal Data Breach“, “Process“, “Processor“, “Sell“, “Service Provider“, “Share“, “Subprocessor“, “Supervisory Authority“, and “Third Party” have the same meanings as described in applicable Data Protection Laws and cognate terms shall be construed accordingly.
Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement.
This Addendum applies to PulseID’s Processing of Customer Personal Data under the Agreement to the extent such Processing is subject to Data Protection Laws. This Addendum is governed by the governing law of the Agreement unless otherwise required by Data Protection Laws.
The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, and as more fully described in Annex 1 hereto, Customer acts as a Business or Controller, and PulseID acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of Customer Personal Data by PulseID acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1).
The Parties expressly agree that Customer shall be solely responsible for ensuring timely communications to Customer’s Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Customer’s Affiliates or the relevant Controller(s) to comply with such Laws.
Customer is solely responsible for complying with Security Incident notification laws applicable to Customer and fulfilling any obligations to give notices to government authorities, affected individuals or others relating to any Security Incidents.
In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the Customer Personal Data to be Processed by PulseID pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements or to address the requirements of Data Protection Laws from time to time. Annex 1 does not create any obligation or rights for any Party.
The purpose of Processing under this Addendum is the provision of the Services pursuant to the Agreement and any Order Form(s).
Customer shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum and the Processing of Customer Personal Data. In connection with its access to and use of the Services, Customer shall Process Customer Personal Data within such Services and provide PulseID with instructions in accordance with applicable Data Protection Laws. As between the Parties, Customer shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to PulseID of Customer Personal Data. Customer agrees not to provide PulseID with any data concerning a natural person’s health, religion or any special categories of data as defined in Article 9 of the GDPR.
PulseID shall comply with all applicable Data Protection Laws in the Processing of Customer Personal Data and PulseID shall:
Process the Customer Personal Data for the purposes of the Agreement and for the specific purposes in each case as set out in Annex 1 to this Addendum and otherwise solely on the documented instructions of Customer, for the purposes of providing the Services and as otherwise necessary to perform its obligations under the Agreement. The Agreement, this Addendum, and Customer’s use of the Services’ features and functionality are Customer’s written instructions to PulseID in relation to Processing Customer Personal Data, including as follows:
implement and maintain the technical and organizational measures set out in the Agreement, and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain any further commercially reasonable and appropriate administrative, technical, and organizational measures designed to ensure a level of security appropriate to the risk of the Processing of Customer Personal Data in accordance with Article 32 of the GDPR, and specifically:
Customer hereby agrees that PulseID is generally authorized to engage and appoint Sub-processors, and specifically the Sub-processors listed in Annex 2 hereto, subject to PulseIDs:
In relation to any notice received under section 5(d)(i), Customer shall have a period of 30 (thirty) days from the date of the notice to inform PulseID in writing of any reasonable objection on data protection grounds to the use of that Sub-processor. The parties will then, for a period of no more than 30 (thirty) days from the date of Customer’s objection, work together in good faith to attempt to find a commercially reasonable solution for Customer which avoids the use of the objected-to Sub-processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Agreement) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty or indemnification whatsoever (but without prejudice to any fees incurred by Customer prior to termination);
The Parties warrant that they and any staff and/or subcontractors will comply with their respective obligations under Data Protection Laws for the term.
The parties agree that when the transfer of Customer Personal Data from Customer and/or any of its Affiliates (as exporter) to PulseID (as importer) is a Restricted Transfer and EU Area Law applies, the transfer shall be subject to the appropriate Controller to Processor SCCs, which shall be deemed incorporated into and form part of this Addendum as follows:
In relation to Customer Personal Data that is protected by the EU GDPR and processed by PulseID on behalf of and under the instruction of Customer, the EU SCCs will apply completed as follows:
In relation to Customer Personal Data that is protected by the Swiss DPA, the EU SCCs shall apply in accordance with Section 7(a) of this Addendum, but with the following modifications:
PulseID shall not participate in any other Restricted Transfers of Customer Personal Data (whether as an importer or an exporter of the Customer Personal Data) unless the Restricted Transfer is made in compliance with applicable Data Protection Law and pursuant to the relevant Standard Contractual Clauses implemented between the relevant exporter and importer of the Customer Personal Data, as necessary in order to comply with applicable Data Protection Law.
Customer should routinely review all international transfers of Personal Data on a case-by-case basis in order to monitor new risks because of the changes in local laws, data practices, etc., and implement additional safeguards (such as encryption or pseudonymization) to mitigate identified risks to ensure the Personal Data remains protected to the standard required under Data Protection Laws.
Where a party is located outside the EEA or an adequate country and receives Personal Data: (a) that party will act as the data importer, (b) the other party is the data exporter, and (c) the relevant Transfer Mechanism will apply. “Transfer Mechanism” refers to any lawful means of transferring personal data from the European Economic Area (EEA) or any adequate country to a third country in compliance with applicable data protection laws. This may include, but is not limited to, the following:
If the Transfer Mechanism is insufficient to safeguard the transferred Personal Data, the data importer will promptly implement supplementary measures to ensure Personal Data is protected to the same standard as required under Data Protection Laws.
Subject to terms of the relevant Transfer Mechanism, if the data importer receives a request from a public authority to access Personal Data, it will (if legally allowed): challenge the request and promptly notify the data exporter about it, and only disclose to the public authority the minimum amount of Personal Data required and keep a record of the disclosure.
The provisions of this Addendum are supplemental to the provisions of the Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Agreement, they will take priority in this order: (a) any Standard Contractual Clauses or other measures to which the parties have agreed to (Cross-Border Transfer Mechanisms), (b) this Addendum, (c) the Agreement. In the event that any provision of this Addendum and/or the Agreement contradicts, directly or indirectly, the Controller to Processor SCCs, the Controller to Processor SCCs will control.
To the extent permissible by law, Customer shall (a) defend PulseID and its Affiliates (collectively, “Indemnified Parties“) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim“), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by Customer of this Addendum or of its obligations under applicable Data Protection Laws. PulseID may participate in the defense and/or settlement of a Claim under this Section 9 with counsel of its choosing at its own expense.
The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.
The Addendum considers the following and follows:
PulseID shall comply with all statutory and regulatory requirements, ISO 27001:2022, ISO 27701:2019 and EU GDPR.
In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in PulseID’s control, the Data Subjects can submit such request by contacting PulseID’s Data Protection Officer (DPO) below. Also, for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:
There are no Temporary files getting generated during processing.
Description of Processing Activities for Customer Personal Data
This Annex includes certain details of the Processing of Customer Personal Data by PulseID in connection with the Services.
| Name | Customer (as defined in the Agreement) |
|---|---|
| Address | As set forth in the relevant Order Form. |
| Contact person’s name, position and contact details | As set forth in the relevant Order Form. |
| Activities relevant to the data transferred under these Clauses | Recipient of the Services provided by PulseID in accordance with the Agreement. |
| Signature and date | Signature and date are set out in the Agreement. |
| Role (controller/processor) | Controller |
| Name | Pulse Global Limited. |
|---|---|
| Address | Pulse Global Limited.Office 4, 10th Floor, Kwan Chart Tower, 6 Tonnocy Rd, Wanchai, Hong Kong |
| Contact person’s name, position and contact details | privacy@pulseid.com |
| Activities relevant to the data transferred under these Clauses | Provision of the Services to the Customer in accordance with the Agreement. |
| Signature and date | Signature and date are set out in the Agreement. |
| Role (controller/processor) | Processor |
Identify the competent supervisory authority/ies in accordance (e.g. in accordance with Clause 13 SCCs): As determined by application of Clause 13 of the EU SCCs.
| Categories of data subjects whose personal data is transferred | Customer’s authorized users of the Services |
|---|---|
| Categories of personal data transferred |
Processed automatically by the Services:
Processed where and to the extent provided by Customer or its authorized users in connection with audit services provided by PulseID:
|
| Sensitive personal data transferred | None |
| Frequency of the transfer | Continuous |
| Nature of the processing / Purpose of the data transfer and further processing | The nature of the processing is more fully described in the Agreement and accompanying order forms but will include the following basic processing activities: The provision of Services to Customer. In order to provide people data, PulseID receives identifying Customer Personal Data to permit PulseID to query, cleanse, standardize, enrich, (when required) send to additional data to feed providers, and to store the query information. The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms. |
| Period for which the personal data will be retained or criteria used to determine that period | The period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms. |
| Subprocessor transfers – subject matter, nature, and duration of processing | The subject matter, nature, and duration of the Processing more fully described in the Agreement, Addendum, and accompanying order forms. |
Description of the technical and organisational security measures implemented by PulseID as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons:
PulseID designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.
Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.
PulseID engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.
PulseID maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.
PulseID maintains an effective vendor management program.
PulseID reviews security incidents regularly, including effective determination of root cause and corrective action.
PulseID operates an information security management system that complies with the requirements of ISO/IEC 27001:2022 standard.
PulseID personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. PulseID conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.
Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, PulseID’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). PulseID’s personnel will not process Customer Personal Data without authorization.
PulseID maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.
PulseID has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. PulseID’s infrastructure security personnel are responsible for the ongoing monitoring of PulseID’s security infrastructure, the review of the Services, and for responding to security incidents.
PulseID’s and Customer’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the Services.
PulseID’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. PulseID designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access. PulseID 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; a need to know basis; and must be in accordance with PulseID’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 follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity.
PulseID has AWS as its data center.
Multi Availability Zones are enabled on AWS and PulseID conducts Backup Restoration Testing on regular basis to ensure resiliency.
PulseID’s servers are customized for the application environment and the servers have been hardened for the security of the Services. PulseID 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.
PulseID replicates data over multiple systems to help to protect against accidental destruction or loss. PulseID has designed and regularly plans and tests its disaster recovery programs.
PulseID’s systems have logging enabled to their respective system log facility in order to support the security audits, and monitor and detect actual and attempted attacks on, or intrusions into, PulseID’s systems.
PulseID performs regular vulnerability scans on all infrastructure components of its production and development environment. Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches for all components installed as soon as commercially possible.
Transmissions on production environment are transmitted via Internet standard protocols.
AWS Security Group which is equivalent to virtual firewall is in place for Production environment on AWS.
PulseID maintains incident management policies and procedures, including detailed security incident escalation procedures. PulseID monitors a variety of communication channels for security incidents, and PulseID’s security personnel will react promptly to suspected or known incidents, mitigate harmful effects of such security incidents, and document such security incidents and their outcomes.
PulseID makes HTTPS encryption (also referred to as SSL or TLS) available for data in transit and implements encryption technologies for data at rest to ensure the security and confidentiality of Customer Data.
PulseID stores data in a multi-tenant environment on AWS servers. Data, the Services database and file system architecture are replicated between multiple availability zones on AWS. PulseID logically isolates the data of different customers. A central authentication system is used across all Services to increase uniform security of data. PulseID ensures secure disposal of Client Data through the use of a series of data destruction processes.
