GDPR

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Overview

Passed in 2016, the new General Data Protection Regulation (GDPR) is the most significant legislative change in European data protection laws since the EU Data Protection Directive ( Directive 95/46/EC), introduced in 1995. The GDPR, which becomes enforceable on May 25, 2018, seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It will replace the EU Data Protection Directive and all the local laws relating to it.

We support the GDPR and will ensure all TwentyOne services comply with its provisions by May 25, 2018. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, it also raises the bar for data protection, security and compliance in the industry.

What is the GDPR?

The General Data Protection Regulation (GDPR) is a new European privacy law that goes into effect on May 25, 2018. The GDPR will replace the EU Data Protection Directive, also known as Directive 95/46/EC, and will apply a single data protection law throughout the EU.

Data protection laws govern the way that businesses collect, use, and share personal data about individuals. Among other things, they require businesses to process an individual’s personal data fairly and lawfully, allow individuals to exercise legal rights in respect of their personal data (for example, to access, correct or delete their personal data), and ensure appropriate security protections are put in place to protect the personal data they process.

We have taken steps to ensure that we will be compliant with the GDPR by May 25, 2018.

Who does the GDPR apply to?

The GDPR applies to all entities and individuals based in the EU and to entities and individuals, whether or not based in the EU, that process the personal data of EU individuals. The GDPR defines personal data as any information relating to an identified or identifiable natural person. This is a broad definition, and includes data that is obviously personal (such as an individual’s name or contact details) as well as data that can be used to identify an individual indirectly (such as an individual’s IP address).

Does the GDPR apply to an individual developer?

Yes, if the individual developer is a customer of TwentyOne and they are processing the personal data of EU individuals when using our products and services.

What is TwentyOne’s role under GDPR?

We act as both a data processor and a data controller under the GDPR.

TwentyOne as a data processor: When customers use our products and services to process EU personal data, we act as a data processor. For example, we will be a processor of EU personal data and information that gets uploaded into a Droplet. This means we will, in addition to complying with our customers' instructions, need to comply with the new legal obligations that apply directly to processors under the GDPR.

TwentyOne as a data controller: We act as a data controller for the EU customer information we collect to provide our products and services and to provide timely customer support. This customer information includes things such as customer name and contact information.

What have we done to comply with GDPR?

We have conducted an extensive analysis of our operations to ensure we comply with the new requirements of the GDPR. With the help of external advisors, we have reviewed our products and services, customer terms, privacy notices and arrangements with third parties for compliance with the GDPR. We can confirm we will be fully compliant with the GDPR by May 25, 2018.

What personal data do we collect and store from our customers?

We store data that customers have given us voluntarily. For example, in our role as data controller, we may collect and store contact information, such as name, email address, phone number, or physical address, when customers sign up for our products and services or seek support help. We also may collect other identifying information from our customers, such as IP address, Paypal ID, SSH public keys or Oauth tokens for external services.

We separately act as a data processor when customers use our products and services to process EU personal data, such as uploading personal data to a Droplet. Customers decide what personal data, if any, is uploaded to our products and services.

What is the TwentyOne Data Processing Agreement ("DPA")?

Customers that handle EU personal data are required to comply with the privacy and security requirements under the GDPR. As part of this, they must ensure that the vendors they use to process the EU personal data also have privacy and security protections in place. Our DPA outlines the privacy and security protections we have in place. We are committed to GDPR compliance and to helping our customers comply with the GDPR when they use our services. We have therefore made our DPA available to all our customers and it can be found here: Data Processing Agreement.

Are customers required to sign the TwentyOne DPA?

In order to use our products and services, you need to accept our DPA, which we have provided a link to on our website: Data Processing Agreement. By agreeing to our terms of service, you are automatically accepting our DPA and do not need to sign a separate document.

Can a customer share the TwentyOne DPA with its customers?

Yes. The DPA is a publicly available document and customers who wish to share it with their customers to confirm our security measures and other terms may feel free to do so.

Do customers need to notify anyone upon accepting our DPA?

No. You are not required to notify us or any third party upon accepting our DPA though, as mentioned above, you are free to do so.

Are there unique DPA needs for individual countries?

The GDPR applies to all of the EU and we offer a DPA that is compliant in all EU countries.

Do we transfer data internationally?

The GDPR replicates the Data Protection Directive restrictions on transferring data outside the EU and prohibits the export of personal data outside of the EU to non-EU recipients unless the export meets certain criteria.

Although we are headquartered in the United States, TwentyOne has offices, data centers and customers in the EU. In certain circumstances, we will process personal data that originates from the EU in the United States. We provide a level of protection of privacy that complies with the EU rules. To confirm this, we have certified the company under the Privacy Shield.

How do we handle delete instructions from customers?

Customers have the ability to remove or delete information they have uploaded to our products. Likewise, customers may deactivate their account and request that all personal data we have collected and stored is deleted. Log into your account at cloud.TwentyOne.com for further instructions.

How can a customer view and download content from our services and transfer it to another provider?

If you need to access and download content from your Droplets, Block Storage volumes, or Spaces, we have a number of different resources available to make this as easy as possible. The information can be found here: Data Portability

This Customer Data Processing Agreement reflects the requirements of the European Data Protection Regulation (“GDPR”) as it comes into effect on May 25, 2018. TwentyOne´s products and services offered in the European Union are GDPR ready and this DPA provides you with the necessary documentation of this readiness.

This Data Processing Agreement (“DPA”) is an addendum to the Customer Terms of Service (“Agreement”) between TwentyOne, LLC (“TwentyOne”) and the Customer. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below).

The parties agree as follows:

1. Definitions

“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.

“Authorized Affiliate” means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.

“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.

“Controller” means an entity that determines the purposes and means of the processing of Personal Data.

“Customer Data” means any data that TwentyOne and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.

“EU Data Protection Law” means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ( “Directive”) and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ( “GDPR”); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).

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

“Privacy Shield” means the EU-US and Swiss-US Privacy Shield Frameworks, as administered by the U.S. Department of Commerce.

“Privacy Shield Principles” means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at www.privacyshield.gov/eu-us-framework.

“Processor” means an entity that processes Personal Data on behalf of the Controller.

“Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly.

“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.

“Services” means any product or service provided by TwentyOne to Customer pursuant to and as more particularly described in the Agreement.

“Sub-processor” means any Processor engaged by TwentyOne or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or any TwentyOne Affiliate.

2. Scope and Applicability of this DPA

2.1 This DPA applies where and only to the extent that TwentyOne processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.

2.2 Role of the Parties. As between TwentyOne and Customer, Customer is the Controller of Personal Data and TwentyOne shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this DPA shall prevent TwentyOne from using or sharing any data that TwentyOne would otherwise collect and process independently of Customer's use of the Services.

2.3 Customer Obligations. Customer agrees that (i) it shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to TwentyOne; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for TwentyOne to process Personal Data and provide the Services pursuant to the Agreement and this DPA.

2.4 TwentyOne Processing of Personal Data. As a Processor, TwentyOne shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to TwentyOne in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and TwentyOne.

2.5 Nature of the Data. TwentyOne handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.

2.6 TwentyOne Data. Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that TwentyOne shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, TwentyOne is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.

3. Subprocessing

3.1 Authorized Sub-processors. Customer agrees that TwentyOne may engage Sub-processors to process Personal Data on Customer's behalf. The Sub-processors currently engaged by TwentyOne and authorized by Customer are listed in Annex A.

3.2 Sub-processor Obligations. TwentyOne shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause TwentyOne to breach any of its obligations under this DPA.

3.3 Changes to Sub-processors. TwentyOne shall provide Customer reasonable advance notice (for which email shall suffice) if it adds or removes Sub-processors.

3.4 Objection to Sub-processors. Customer may object in writing to TwentyOne’s appointment of a new Sub-processor on reasonable grounds relating to data protection by notifying TwentyOne promptly in writing within five (5) calendar days of receipt of TwentyOne’s notice in accordance with Section 3.3. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If this is not possible, either party may terminate the applicable Services that cannot be provided by TwentyOne without the use of the objected-to-new Sub-processor.

4. Security

4.1 Security Measures. TwentyOne shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with TwentyOne's security standards described in Annex B ( “Security Measures”).

4.2 Confidentiality of Processing. TwentyOne shall ensure that any person who is authorized by TwentyOne to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

4.3 Security Incident Response. Upon becoming aware of a Security Incident, TwentyOne shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.

4.4 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that TwentyOne may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.

5. Security Reports and Audits

5.1 TwentyOne shall maintain records of its security standards. Upon Customer's written request, TwentyOne shall provide (on a confidential basis) copies of relevant external ISMS certifications, audit report summaries and/or other documentation reasonably required by Customer to verify TwentyOne's compliance with this DPA. TwentyOne shall further provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) considers necessary to confirm TwentyOne's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.

6. International Transfers

6.1 Processing Locations. TwentyOne stores and processes EU Data (defined below) in data centers located inside and outside the European Union. All other Customer Data may be transferred and processed in the United States and anywhere in the world where Customer, its Affiliates and/or its Sub-processors maintain data processing operations. TwentyOne shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.

6.2 Transfer Mechanism: Notwithstanding Section 6.1, to the extent TwentyOne processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland ( “EU Data”) in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that TwentyOne shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the Privacy Shield and TwentyOne shall process such data in compliance with the Privacy Shield Principles. Customer hereby authorises any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.

7. Return or Deletion of Data

7.1 Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent TwentyOne is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data TwentyOne shall securely isolate and protect from any further processing, except to the extent required by applicable law.

8. Cooperation

8.1 To the extent that Customer is unable to independently access the relevant Personal Data within the Services, TwentyOne shall (at Customer's expense) taking into account the nature of the processing, provide reasonable cooperation to assist Customer by appropriate technical and organizational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to TwentyOne, TwentyOne shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If TwentyOne is required to respond to such a request, TwentyOne shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

8.2 To the extent TwentyOne is required under Data Protection Law, TwentyOne shall (at Customer's expense) provide reasonably requested information regarding TwentyOne's processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

9. Miscellaneous

9.1 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

9.2 This DPA is a part of and incorporated into the Agreement so references to "Agreement" in the Agreement shall include this DPA.

9.3 In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise.

9.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.

P.A TWENTYONE WEB DESIGN LTD
Name: Theodotos Kapsis
Title: General Manager

Annex A - List of TwentyOne Sub-processors

Available upon request

Annex B – Security Measures

Available upon request

How can I download my content/data from my TwentyOne Services?

If you need to access and download data from your Droplets, Block Storage volumes, or Spaces, we have a number of different resources available to make this as easy as possible.

Droplets and Block Storage/Volumes

Downloading your content or other data from any of your Droplets functions the same as any other file transfer operation you might already be familiar with. We have a few community tutorials available that can help you accomplish this in various ways:

What if my Droplet is inaccessible or not online?

Good news! We have a tutorial available for recovering files via our rescue ISO.

What if I have some content that lives on one of my Block Storage volumes?

With this tutorial, you can easily re-attach the volume to a Droplet and access your data by one of the above means.

Spaces/Object Storage

To download any individual file from your Space, go to the “More” menu and select “Download” (see below image). This will retrieve the file to your local machine. Visit this tutorial for additional information about Spaces.

Snapshots

If you have content/data that happens to live on an old snapshot image, you need to 1) create a new Droplet from that snapshot, 2) use one of the methods under "Droplets and Block Storage/Volumes", and 3) delete that Droplet once complete.

We do not have any other method for extracting data from a snapshot. For more info on snapshots, please use this tutorial.

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