For our webinars, we use the Zoom platform as the data processor. Data is transmitted to Zoom as a processor. Please make yourself in the following with the Amendum that has been concluded between the webinar provider and Zoom Video Communications, Inc. Address: 55 Almaden Blvd, Suite 600, San Jose, CA 95113. USA
1. Definitions
1.1 “Anonymous Data” means Personal Data that has been processed in such a manner that it can no longer be
attributed to an identified or identifiable natural person.
1.2 “Authorized Employee” means an employee of Processor who has a need to know or otherwise access Personal
Data to enable Processor to perform their obligations under this Addendum or the Agreement.
1.3 “Authorized Individual” means an Authorized Employee or Authorized Subprocessor.
1.4 “Authorized Subprocessor” means a third-party subcontractor, agent, reseller, or auditor who has a need to
know or otherwise access Personal Data to enable Processor to perform its obligations under this Addendum or the Agreement,
and who is either (i) listed on the list available at zoom.us/subprocessors (such URL may be updated by Processor from time
to time) or (ii) authorized by Controller to do so under Section 4.2 of this Addendum.
1.5 “Controller” or “data exporter” means Customer.
1.6 “Data Subject” means an identified or identifiable person to whom Personal Data relates.
1.7 “Instruction” means a direction, either in writing, in textual form (e.g. by e-mail) or by using a software or online
tool, issued by Controller to Processor and directing Processor to Process Personal Data.
1.8 “Personal Data” means any information relating to Data Subject which Processor Processes on behalf of
Controller other than Anonymous Data, and includes Sensitive Personal Information.
1.9 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss,
alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
1.10 “Privacy Shield Principles” means the Swiss-U.S. and EU-U.S. Privacy Shield Framework and Principles issued
by the U.S. Department of Commerce, both available at https://www.privacyshield.gov/EU-US-Framework.
1.11 “Process” or “Processing” means any operation or set of operations which is performed upon the Personal Data,
whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval,
consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking,
erasure, or destruction.
Account number: 105686, Training777
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1.12 “Processor” or “data importer” means Zoom.
1.13 “Sensitive Personal Information” means a Data Subject’s (i) government-issued identification number (including
social security number, driver’s license number or state-issued identification number); (ii) financial account number, credit card
number, debit card number, credit report information, with or without any required security code, access code, personal
identification number or password, that would permit access to an individual’s financial account; (iii) genetic and biometric data
or data concerning health; or (iv) Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical
beliefs, sexual orientation or sexual activity, criminal convictions and offences (including commission of or proceedings for any
offense committed or alleged to have been committed), or trade union membership.
1.14 “Services” shall have the meaning set forth in the Agreement.
1.15 “Standard Contractual Clauses” means the agreement executed by and between Controller and Processor and
attached hereto as Exhibit B pursuant to the European Commission’s decision (C(2010)593) of February 5, 2010 on standard
contractual clauses for the transfer of personal data to processors established in third countries which do not ensure an
adequate level of protection.
1.16 “Supervisory Authority” means an independent public authority which is established by a member state of the
European Union, Iceland, Liechtenstein, Norway or the United Kingdom.
2. Processing of Data
2.1 The rights and obligations of the Controller with respect to this Processing are described herein. Controller shall,
in its use of the Services, at all times Process Personal Data, and provide instructions for the Processing of Personal Data, in
compliance with EU Directive 95/46/EC (the “Directive”), and, when effective, the General Data Protection Regulation
(Regulation (EU) 2016/679) (the “GDPR” and together, “Data Protection Laws”)). Controller shall ensure that its instructions
comply with all laws, rules and regulations applicable in relation to the Personal Data, and that the Processing of Personal Data
in accordance with Controller’s instructions will not cause Processor to be in breach of the Data Protection Laws. Controller
is solely responsible for the accuracy, quality, and legality of (i) the Personal Data provided to Processor by or on behalf of
Controller; (ii) the means by which Controller acquired any such Personal Data; and (iii) the instructions it provides to Processor
regarding the Processing of such Personal Data. Controller shall not provide or make available to Processor any Personal Data
in violation of the Agreement or otherwise inappropriate for the nature of the Services, and shall indemnify Processor from all
claims and losses in connection therewith.
2.2 Processor shall Process Personal Data only (i) for the purposes set forth in the Agreement and/or Exhibit A; (ii)
in accordance with the terms and conditions set forth in this Addendum and any other documented instructions provided by
Controller; and (iii) in compliance with the Directive, and, when effective, the GDPR. Controller hereby instructs Processor to
Process Personal Data in accordance with the foregoing and as part of any Processing initiated by Controller in its use of the
Services.
2.3 The subject matter, nature, purpose, and duration of this Processing, as well as the types of Personal Data
collected and categories of Data Subjects, are described in Exhibit A to this Addendum.
2.4 Following completion of the Services, at Controller’s choice, Processor shall return or delete the Personal Data,
except as required to be retained by the laws of the European Union or European Union member states. If return or destruction
is impracticable or prohibited by law, rule or regulation, Processor shall take measures to block such Personal Data from any
further Processing (except to the extent necessary for its continued hosting or Processing required by law, rule or regulation)
and shall continue to appropriately protect the Personal Data remaining in its possession, custody, or control. If Controller and
Processor have entered into Standard Contractual Clauses as described in Section 6 (Transfers of Personal Data), the parties
agree that the certification of deletion of Personal Data that is described in Clause 12(1) of the Standard Contractual Clauses
shall be provided by Processor to Controller only upon Controller’s request.
3. Authorized Employees
3.1 Processor shall take commercially reasonable steps to ensure the reliability and appropriate training of any
Authorized Employee.
3.2 Processor shall ensure that all Authorized Employees are made aware of the confidential nature of Personal Data
and have executed confidentiality agreements that prevent them from disclosing or otherwise Processing, both during and
after their engagement with Processor, any Personal Data except in accordance with their obligations in connection with the
Services.
3.3 Processor shall take commercially reasonable steps to limit access to Personal Data to only Authorized
Individuals.
4. Authorized Subprocessors
4.1 Controller acknowledges and agrees that Processor may (i) engage its affiliates and the subprocessors listed at
zoom.us/subprocessors (such URL may be updated by Processor from time to time) (the “List”) to access and Process
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Personal Data in connection with the Services and (ii) from time to time engage additional third parties for the purpose of
providing the Services, including without limitation the Processing of Personal Data.
4.2 A list of Processor’s current Authorized Subprocessors is available on the List. At least ten (10) days before
enabling any third party other than Authorized Subprocessors to access or participate in the Processing of Personal Data,
Processor will add such third party to the List and notify Controller of that update via email. Controller may object to such an
engagement in writing within ten (10) days of receipt of the aforementioned notice by Controller.
4.2.1 If Controller reasonably objects to an engagement in accordance with Section 4.2, Processor shall
provide Controller with a written description of commercially reasonable alternative(s), if any, to such
engagement, including without limitation modification to the Services. If Processor, in its sole discretion,
cannot provide any such alternative(s), or if Controller does not agree to any such alternative(s) if provided,
Processor may terminate this Addendum. Termination shall not relieve Controller of any fees owed to
Processor under the Agreement.
4.2.2 If Controller does not object to the engagement of a third party in accordance with Section 4.2 within ten
(10) days of notice by Processor, that third party will be deemed an Authorized Subprocessor for the
purposes of this Addendum.
4.3 Processor shall ensure that all Authorized Subprocessors have executed confidentiality agreements that prevent
them from disclosing or otherwise Processing, both during and after their engagement by Processor, any Personal Data both
during and after their engagement with Processor.
4.4 Processor shall, by way of contract or other legal act under European Union or European Union member state
law (including without limitation approved codes of conduct and standard contractual clauses), ensure that every Authorized
Subprocessor is subject to obligations regarding the Processing of Personal Data that are no less protective than those to
which the Processor is subject under this Addendum.
4.5 Processor shall be liable to Controller for the acts and omissions of Authorized Subprocessors to the same
extent that Processor would itself be liable under this Addendum had it conducted such acts or omissions.
4.6 If Controller and Processor have entered into Standard Contractual Clauses as described in Section 6 (Transfers
of Personal Data), (i) the above authorizations will constitute Controller’s prior written consent to the subcontracting by
Processor of the processing of Personal Data if such consent is required under the Standard Contractual Clauses, and (ii) the
parties agree that the copies of the agreements with Authorized Subprocessors that must be provided by Processor to
Controller pursuant to Clause 5(j) of the Standard Contractual Clauses may have commercial information, or information
unrelated to the Standard Contractual Clauses or their equivalent, removed by the Processor beforehand, and that such copies
will be provided by the Processor only upon request by Controller.
5. Security of Personal Data
5.1 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, Processor
shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of
Processing Personal Data.
6. Transfers of Personal Data
6.1 Any transfer of Personal Data made subject to this Addendum from member states of the European Union,
Iceland, Liechtenstein, Norway, Switzerland or the United Kingdom to any countries which do not ensure an adequate level of
data protection within the meaning of the laws and regulations of these countries shall, to the extent such transfer is subject
to such laws and regulations, be undertaken by Processor through one of the following mechanisms: (i) in accordance with the
Swiss-U.S. and EU-U.S. Privacy Shield Framework and Principles issued by the U.S. Department of Commerce, both available
at https://www.privacyshield.gov/EU-US-Framework (the “Privacy Shield Principles”), or (ii) the Standard Contractual Clauses
set forth in Exhibit B to this Addendum.
6.2 If transfers are made pursuant to 6.1(i), Processor self-certifies to, and complies with, the Swiss-U.S. and EUU.
S. Privacy Shield Frameworks, as administered by the U.S. Department of Commerce, and shall maintain such selfcertification
and compliance with respect to the Processing of Personal Data transferred from member states of the European
Union, Iceland, Lichtenstein, Norway, or the United Kingdom (the “EEA”) or Switzerland to any countries which do not ensure
an adequate level of data protection within the meaning of the laws and regulations of the foregoing countries for the duration
of the Agreement.
7. Rights of Data Subjects
7.1 Processor shall, to the extent permitted by law, promptly notify Controller upon receipt of a request by a Data
Subject to exercise the Data Subject’s right of: access, rectification, restriction of Processing, erasure, data portability,
restriction or cessation of Processing, withdrawal of consent to Processing, and/or objection to being subject to Processing
that constitutes automated decision-making (such requests individually and collectively “Data Subject Request(s)”). If
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Processor receives a Data Subject Request in relation to Controller’s data, Processor will advise the Data Subject to submit
their request to Controller and Controller will be responsible for responding to such request, including, where necessary, by
using the functionality of the Services.
7.2 Processor shall, at the request of the Controller, and taking into account the nature of the Processing applicable
to any Data Subject Request, apply appropriate technical and organizational measures to assist Controller in complying with
Controller’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible,
provided that (i) Controller is itself unable to respond without Processor’s assistance and (ii) Processor is able to do so in
accordance with all applicable laws, rules, and regulations. Controller shall be responsible to the extent legally permitted for
any costs and expenses arising from any such assistance by Processor.
8. Actions and Access Requests
8.1 Processor shall, taking into account the nature of the Processing and the information available to Processor,
provide Controller with reasonable cooperation and assistance where necessary for Controller to comply with its obligations
under the GDPR to conduct a data protection impact assessment and/or to demonstrate such compliance, provided that
Controller does not otherwise have access to the relevant information. Controller shall be responsible to the extent legally
permitted for any costs and expenses arising from any such assistance by Processor.
8.2 Processor shall, taking into account the nature of the Processing and the information available to Processor,
provide Controller with reasonable cooperation and assistance with respect to Controller’s cooperation and/or prior
consultation with any Supervisory Authority, where necessary and where required by the GDPR. Controller shall be responsible
to the extent legally permitted for any costs and expenses arising from any such assistance by Processor.
8.3 Processor shall maintain records sufficient to demonstrate its compliance with its obligations under this
Addendum, and retain such records for a period of three (3) years after the termination of the Agreement. Controller shall, with
reasonable notice to Processor, have the right to review, audit and copy such records at Processor’s offices during regular
business hours.
8.4 Upon Controller’s request, Processor shall, no more than once per calendar year make available for Controller’s
review copies of certifications or reports demonstrating Processor’s compliance with prevailing data security standards
applicable to the Processing of Controller’s Personal Data If Controller and Processor have entered into Standard Contractual
Clauses as described in Section 6 (Transfers of Personal Data), the parties agree that the audits described in Clause 5(f) and
Clause 12(2) of the Standard Contractual Clauses shall be carried out in accordance with this Section 8.4.
8.5 In the event of a Personal Data Breach, Processor shall, without undue delay, inform Controller of the Personal
Data Breach and take such steps as Processor in its sole discretion deems necessary and reasonable to remediate such
violation (to the extent that remediation is within Processor’s reasonable control).
8.6 In the event of a Personal Data Breach, Processor shall, taking into account the nature of the Processing and
the information available to Processor, provide Controller with reasonable cooperation and assistance necessary for Controller
to comply with its obligations under the GDPR with respect to notifying (i) the relevant Supervisory Authority and (ii) Data
Subjects affected by such Personal Data Breach without undue delay.
8.7 The obligations described in Sections 8.5 and 8.6 shall not apply in the event that a Personal Data Breach results
from the actions or omissions of Controller. Processor’s obligation to report or respond to a Personal Data Breach under
Sections 8.5 and 8.6 will not be construed as an acknowledgement by Processor of any fault or liability with respect to the
Personal Data Breach.
9. Limitation of Liability
9.1 The total liability of each of Controller and Processor (and their respective employees, directors, officers,
affiliates, successors, and assigns), arising out of or related to this Addendum, whether in contract, tort, or other theory