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Data Processing Agreement


Learn more about our Data Processing Agreement

Data Processing Agreement

Last updated: June 2019


1. Definitions

Any capitalised term not defined in this DPA shall have the meaning given to it in the Agreement.

“Agreement”means the agreement between Mono and the Company for the provision of the Solutions and Services;
"Company Data"means all data imported into the Solution or Services for the purpose of using the Solution and Services or facilitating use of the Solution and Services by the Company, Designated Users, Customers and users and customers of Customers when they access or use the Solutions and Services;
“Controller”means the Company;
“Data Subject”shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (as amended from time to time, or replaced by subsequent legislation);
“DPA”means this data processing agreement together with its Schedules A and B;
“Personal Data”shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (as amended from time to time, or replaced by subsequent legislation);
“Processor”means Mono;
“Security Policy”means Mono’s security document as updated from time to time, and made reasonably available by Mono;
“Standard Contractual Clauses”means the EU model clauses for personal data transfer from controllers to processors c2010-593 - Decision 2010/87EU;
“Sub-Processor”means any person or entity engaged by Mono or its Affiliate to process Personal Data in the provision of the Solutions and Services to the Company and includes Third Party Services where such entities act on behalf of and pursuant to a contract with Mono.

2. Purpose

2.1 The Processor has agreed to provide the Solutions and Services to the Controller in  accordance  with the terms of the Agreement. In providing the Solutions and Services, the Processor shall process Company Data on behalf of the Controller. Company Data may include Personal Data.  The Processor will process and protect such Personal Data in accordance with the terms of this DPA.

 

3. Scope

3.1 In providing the Solutions and Services to the Controller pursuant to the terms of the Agreement, the Processor shall process Personal Data only to the extent necessary to provide the Solutions and Services in accordance with both the terms of the Agreement and the Controller’s instructions documented in the Agreement and this DPA.

 

4. Processor Obligations

4.1 The Processor may collect, process or use Personal Data only within the scope of this DPA.

4.2 The Processor confirms that it shall process Personal Data on behalf of the Controller and shall take steps to ensure that any natural person acting under the authority of the Processor who has access to Personal Data shall only process the Personal Data on the documented instructions of the Controller.

4.3 The Processor shall promptly inform the Controller, if in the Processor’s opinion, any of the instructions regarding the processing of Personal Data provided by the Controller, breach any applicable data protection laws.

4.4 The Processor shall ensure that all employees, agents, officers and contractors involved in the handling of Personal Data: (i) are aware of the confidential nature of the Personal Data and are contractually bound to keep the Personal Data confidential; (ii) have received appropriate training on their responsibilities as a data processor; and (iii) are bound by the terms of this DPA.

4.5 The Processor shall implement appropriate technical and organisational procedures to protect Personal Data, 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.

4.6 The Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction,loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed. 

4.7 The technical and organisational measures detailed in Schedule B shall be at all times adhered to as a minimum security standard. The Controller accepts and agrees that the technical and organisational measures are subject to development and review and that the Processor may use alternative suitable measures to those detailed in the attachments to this DPA.

4.8 The Controller acknowledges and agrees that, in the course of providing the Solutions and Services to the Controller, it may be necessary for the Processor to access the Personal Data to respond to any technical problems or Controller queries and to ensure the proper working of the Solutions and Services. All such access by the Processor will be limited to those purposes.

4.9 Where Personal Data relating to an EU Data Subject is transferred outside of the EEA it shall be processed in accordance with the provisions of the Standard Contractual Clauses, unless the processing takes place: (i) in a third country or territory recognised by the EU Commission to have an adequate level of protection; or (ii) by an organisation located in a country which has other legally recognised appropriate safeguards in place, such as the EU-US Privacy Shield or Binding Corporate Rules.

4.10 Taking into account the nature of the processing and the information available to the Processor, the Processor shall assist the Controller by having in place appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the Controller's obligation to respond to requests for exercising the Data Subject's rights and the Controller’s compliance with the Controller’s data protection obligations in respect of the processing of Personal Data.

 

5. Controller Obligations

5.1 The Controller represents and warrants that it shall comply with the terms of the Agreement, this DPA and all applicable data protection laws.

5.2 The Controller represents and warrants that it has obtained any and all necessary permissions and authorisations necessary to permit the Processor, its Affiliates and Sub-Processors, to execute their rights or perform their obligations under this DPA.

5.3 The Controller is responsible for compliance with all applicable data protection legislation, including requirements with regards to the transfer of Personal Data under this DPA and the Agreement.

5.4 All Affiliates of the Controller who use the Solutions and Services shall comply with the obligations of the Controller set out in this DPA.

5.5 The Controller shall implement appropriate technical and organisational procedures to protect Personal Data, 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. The Controller shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or otherwise processed.

5.6 The Controller shall take steps to ensure that any natural person acting under the authority of the Controller who has access to Personal Data only processes the Personal Data on the documented instructions of the Controller.

5.7 The Controller may require correction, deletion, blocking and/or making available the Personal Data during or after termination of the Agreement. The Processor will process the request to the extent it is lawful, and will reasonably fulfill such request in accordance with its standard operational procedures to the extent possible.

5.8 The Controller acknowledges and agrees that some instructions from the Controller, including destruction or return of data, assisting with audits, inspections or DPIAs by the Processor, may result in additional fees. In such case, the Processor will notify the Controller of its fees for providing such assistance in advance, unless otherwise agreed.

 

6. Sub-Processors

6.1 The Controller acknowledges and agrees that: (i) Affiliates of the Processor may be used as Sub-processors; and (ii) the Processor and its Affiliates respectively may engage Sub-processors in connection with the provision of the Solutions and Services.

6.2 All Sub-processors who process Personal Data in the provision of the Solutions and Services to the Controller shall comply with the obligations of the Processor set out in this DPA.

6.3 Where Sub-processors are located outside of the EEA, the Processor confirms that such Sub-processors: (i) are located in a third country or territory recognised by the EU Commission to have an adequate level of protection; or (ii) have entered into Standard Contractual Clauses with the Processor; or (iii) have other legally recognised appropriate safeguards in place, such as the EU-US Privacy Shield or Binding Corporate Rules.

6.4 The Processor has made available to the Controller the current list of Sub-processors in the Agreement, which includes the identities of Sub-processors and their country of location. During the term of this DPA, the Processor shall provide the Controller with prior notification, of any changes to the list of Sub-processor(s) who may process Personal Data before authorising any new or replacement Sub-processor(s) to process Personal Data in connection with the provision of the Solutions and Services. 


6.5 The Controller may object to the use of a new or replacement Sub-processor, by notifying the Processor promptly in writing within ten (10) Business Days after receipt of the Processor’s notice. If the Controller objects to a new or replacement Sub-processor, and that objection is not unreasonable, the Controller may terminate the Agreement with respect to the Solutions and Services which cannot be provided by the Processor without the use of the new or replacement Sub-processor. The Processor will refund the Controller any prepaid fees covering the remainder of the Term of the Agreement following the effective date of termination with respect to such terminated Solutions and Services.

 

7. Liability

7.1 The limitations on liability set out in the Agreement apply to all claims made pursuant to any breach of the terms of this DPA.

7.2 The parties agree that the Processor shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of its Sub-processors to the same extent the Processor would be liable if performing the services of each Sub-processor directly under the terms of the DPA, subject to any limitations on liability set out in the terms of the Agreement.

7.3 The parties agree that the Controller shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of its Affiliates as if such acts, omissions or negligence had been committed by the Controller itself.

7.4 The Controller shall not be entitled to recover more than once in respect of the same claim.

 

8. Audit

8.1 The Processor shall make available to the Controller all information reasonably necessary to demonstrate compliance with its processing obligations and allow for and contribute to audits and inspections.

8.2 Any audit conducted under this DPA shall consist of examination of the most recent reports, certificates and/or extracts prepared by an independent auditor bound by confidentiality provisions similar to those set out in the Agreement. In the event that provision of the same is not deemed sufficient in the reasonable opinion of the Controller, the Controller may conduct a more extensive audit which will be: (i) at the Controller’s expense; (ii) limited in scope to matters specific to the Controller and agreed in advance; (iii) carried out during UK business hours and upon reasonable notice which shall be not less than 4 weeks unless an identifiable material issue has arisen; and (iv) conducted in a way which does not interfere with the Processor’s day-to-day business.

8.3 This clause shall not modify or limit the rights of audit of the Controller, instead it is intended to clarify the procedures in respect of any audit undertaken pursuant thereto.

 

9. Data Breach

9.1 The Processor shall notify the Controller without undue delay after becoming aware of (and in any event within 72 hours of discovering) any accidental or unlawful destruction, loss, alteration or unauthorised disclosure or access to any Personal Data (“Data Breach”).

9.2 The Processor will take all commercially reasonable measures to secure the Personal Data, to limit the effects of any Data Breach, and to assist the Controller in meeting the Controller’s obligations under applicable law.

 

10. Compliance, Cooperation and Response

10.1 In the event that the Processor receives a request from a Data Subject in relation to Personal Data, the Processor will refer the Data Subject to the Controller unless otherwise prohibited by law. The Controller shall reimburse the Processor for all costs incurred resulting from providing reasonable assistance in dealing with a Data Subject request. In the event that the Processor is legally required to respond to the Data Subject, the Controller will fully cooperate with the Processor as applicable.

10.2 The Processor will notify the Controller promptly of any request or complaint regarding the processing of Personal Data, which adversely impacts the Controller, unless such notification is not permitted under applicable law or a relevant court order.

10.3 The Processor may make copies of and/or retain Personal Data in compliance with any legal or regulatory requirement including, but not limited to, retention requirements.

10.4 The Processor shall reasonably assist the Controller in meeting its obligation to carry out data protection impact assessments (DPIAs), taking into account the nature of processing and the information available to the Processor.

10.5 The parties acknowledge that it is the duty of the Controller to notify the Processor within a reasonable time, of any changes to applicable data protection laws, codes or regulations which may affect the contractual duties of the Processor. The Processor shall respond within a reasonable timeframe in respect of any changes that need to be made to the terms of this DPA or to the technical and organisational measures to maintain compliance. If the parties agree that amendments are required, but the Processor is unable to accommodate the necessary changes, the Controller may terminate the part or parts of the Solutions and Services which give rise to the non-compliance. To the extent that other parts of the Solutions and Services provided are not affected by such changes, the provision of those Solutions and Services shall remain unaffected.

10.6 The Controller and the Processor and, where applicable, their representatives, shall cooperate, on request, with a supervisory data protection authority in the performance of their respective obligations under this DPA.

 

11. Term and Termination

11.1 The Processor will only process Personal Data for the term of the DPA. The term of this DPA shall coincide with the term of the Agreement and this DPA shall terminate automatically together with termination or expiry of the Agreement.

11.2 The Processor shall at the choice of the Controller, upon receipt of a written request received within 30 days the end of the provision of the Solutions and Services relating to processing, delete or return Personal Data to the Controller. The Processor shall in any event delete all copies of Personal Data in its systems within 60 days of the effective date of termination of the Agreement unless: (i) applicable law or regulations require storage of the Personal Data after termination; or (ii) partial personal data of the Company is stored in backups, then such personal data shall be deleted from backups up 2 years after the effective date of termination of the Agreement.

11.3 The parties agree that this DPA is incorporated into and governed by the terms of the Agreement.

 

Schedule A 

Overview of data processing activities to be performed by the Processor

 

1. CONTROLLER

The Controller transfers Personal Data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below.

The Controller is the Company.

 

2. Processor

The Processor received data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below.

The Processor is Mono.

 

3. Data Subjects 

The Personal Data transferred includes but is not limited to the following categories of Data Subjects:

  • Employees, freelancers and contractors of the Controller. and other users added by the Controller from time to time.
  • Designated Users, Affiliates and other participants from time to time to whom the Controller has granted the right to access the Solutions and Services in accordance with the terms of the Agreement.
  • Clients of the Controller and individuals with whom those end users communicate with by email and/or instant messaging.
  • Service providers of the Controller.
  • Children who are at least 16 years old.
  • Other individuals to the extent identifiable in the content of emails or their attachments or in archiving content.

 

 

4. Categories of Data 

The Personal Data transferred includes but is not limited to the following categories of data:

  • Personal details, names, user names, passwords, email addresses of Designated Users.
  • Personal Data derived from the Designated Users use of the Solutions and Services such as records and business intelligence information.
  • Personal Data within email and messaging content which identifies or may reasonably be used to identify, data subjects.
  • Meta data including sent, to, from, date, time, subject, which may include Personal Data.
  • Data concerning profession.
  • File attachments that may contain Personal Data.
  • Survey, feedback and assessment messages.
  • Information offered by users as part of support enquiries.
  • Other data added by the Controller from time to time.

 

 

 

5. Special categories of Data

No sensitive data or special categories of data are permitted to be transferred and shall not be contained in the content of or attachments to, emails.

 

6. Processing operations

The Personal Data transferred will be subject to the following basic processing activities:

  • Personal Data will be processed to the extent necessary to provide the Solutions and Services in accordance with both the Agreement and the Controller’s instructions. The Processor processes Personal Data only on behalf of the Controller.
  • Processing operations include but are not limited to: sending of email marketing, CRM services, domain name management services, providing software support functions, sending invoices, Christmas cards, sales pitches and offers. These operations relate to all aspects of Personal Data processed.
  • Technical support, issue diagnosis and error correction to ensure the efficient and proper running of the systems and to identify, analyse and resolve technical issues both generally in the provision of the Solutions and Services and specifically in answer to a Controller query. This operation may relate to all aspects of Personal Data processed but will be limited to metadata where possible.
  • Virus, anti-spam and Malware checking in accordance with the Solutions and Services provided. This operation relates to all aspects of Personal Data processed.
  • URL scanning for the purposes of the provision of targeted threat protection, site migration service and/or similar service which may be provided under the Agreement. This operation relates to attachments and links in emails and will relates to any Personal Data within those attachments or links which could include all categories of Personal Data.

 

SCHEDULE B

Technical and Organisational Security Measures 

All data is stored in highly secure environments that are protected from unauthorized access and accidental destruction or damage. Data security is safeguarded by a set of policies and access controls which are summarized in this Security Policy.

 

Hosting 

The Solution and the websites created via the Solution are hosted under managed services arrangements with industry leading vendors and with back-up and redundancy arrangements designed to avoid data loss or service interruption notwithstanding a disaster disabling the primary hosting facility. 

The Mono Server setup is built to scale with multiple locations around the Globe. This ensures maximum site- & editor performance from any location in the world. 

The 2 main elements of the set up are: 

  • Central Server Center & fail-over 
  • Local Server Centers (CDN)

 

The Server Centers 

The Solution is hosted at maximum security facilities in Denmark, Canada and Germany. The Site Editor, the websites and the site API is served from Denmark, Canada and Germany. Sites and site data are backed up on each location as well as a separate off-site backup based in Copenhagen. Secure failover processes for all data is in place. 

 

Premium Data Center Facilities 

Maintained round the clock by highly trained staff, the data centers are designed and equipped to the highest industry standards - raised floors, automatic fire extinguishing equipment, AC and DC power distribution, uninterruptible power supplies (UPS), backup generators and multiple redundant fiber connections to all major carriers. 

 

ISO Certification 

The data centers we use have all received the internationally recognized ISO 27001 certification and Certification for information security management systems. 

 

Guaranteed power 

Each data center has full power backup in case of an outage. Generators, in combination with UPS systems, guarantee maximum availability. 

 

Temperature control 

All Hosting facilities are equipped with redundant cooling equipment. Down-flow cooling units guarantee maximum cooling for your equipment. Room temperature is maintained at 18 to 25 C with a humidity level of 40% - 60%. 

 

Security 

Every data centre is equipped with a state-of-the-art security system to prevent unauthorized access to equipment. With proximity cards, typically combined with biometric readers and mantraps, access is limited to authorised personnel. 

 

Building management systems 

All data centre related equipment, such as cooling equipment, electrical systems and fire control systems, is monitored around the clock. All events are controlled and procedures are in place to react to every possible incident 24 hours a day, 7 days a week, year round. 


Fire protection 

All data centers are equipped with fire detection and gas-based fire suppression systems as a first line defence against fire. Argon, FM-200 or CEA is used across our all facilities. (The type of gas used depends on the local fire regulations.) These systems are automatic and monitored continuously (24 x 7). All buildings are equipped with hand-held CO2 fire extinguishing systems, as required by local fire regulations. 

 

Content Delivery Network 

All Mono sites are hosted on a secure and multi-redundant Content Delivery Network (CDN).  This includes generated (cached) content of the individual websites. 

The CDN has multiple nodes and fall-back nodes located across North America, Europe, Asia and Australia. The CDN ensures optimized load speed for both the editor and sites no matter where they are located. This CDN also lowers latency and ensures maximum uptime of customer sites as each node acts as a local fail-over server. 

 

List of current Locations in CDN (more locations are being added on on-going basis) 

Chicago (fail over node) 

Dallas (fail over node) 

Toronto 

Frankfurt 

Copenhagen (fail over) 

Singapore 

Sydney 

 

Security & IP Technology

Mono operates with our own IP range which provides our CDN set up with further protection from DDoS attacks as well as fast and secure failover procedures. 

Reseller specific IPs is also an option anywhere. 

 

The Solution 

The platform runs on an optimized PHP code base, which is updated and sanitized on an ongoing basis. 

The high stability and availability of the platform is unprecedented among industry standards.

 

 

1. Entrance Control 

Technical or organisational measures regarding access control, especially regarding legitimation of authorised persons. 

 

Security of the Physical Environment 

The physical environment and facilities are designed to prevent unauthorized access to or damage to the Company´s Data: 

  • All system servers with information that require protection are kept in high security areas at external hosting facility where access is highly restricted. 
  • IT equipment in the Mono office area is safeguarded by a locked door policy and appropriate security system (intruder alarm and fire alarm). 
  • The Mono office area is safeguarded by an electronical access control system. 
  • All external doors and windows must be closed and locked at the end of the work day. 
  • All employees are trained in operating the office security systems. 

 

Security of Equipment, devices and media 

All Solution assets are carefully protected to ensure maximum security: 

  • All assets are recorded in a central asset inventory which is kept updated monthly. 
  • All hardware assets are owned by Mono – Mono does not borrow, rent or lease equipment. 
  • Employees in possession of equipment are educated in the acceptable use hereof. This includes instructions on safe-travelling with laptops, removable hard disks and mobile phones. In general, equipment must always be carried as hand-baggage and never left out of sight during travelling. The same policy applies to laptops being transported home for remote working purposes. 
  • Employees are instructed in safe use of all removable media devices such as external hard disks, USB keys which could carry malware etc. 
  • Deprecated equipment is being safely deposited for destruction, so that access to any information stored on this equipment is prevented.

 

2. System Access Control 

Technical and organisational measures regarding the user ID and authentication aimed to prevent unauthorised use of data processing systems, used for the processing of Company Data: 

 

Access Control and User Access Management 

Access to any system carrying information is strictly safeguarded and subject to these security procedures: 

  • Access control to each system is documented and maintained by the administrator of that system. 
  • Each system has differentiated access rights/roles (where relevant) that only allow users to access the information which is required and appropriate for their role. 
  • Registration and de-registration of user access rights is maintained by the administrator of that system.

 

System and application access control 

All mono employees have responsibility to adhere to Mono’s policies and practices for secure authentication and access: 

  • Only the administrator can override application access controls.
  • Source code access control is limited to individuals and controlled by the system admin and access is logged on the server.

 

Protection from Malware 

  • All mono employees have responsibility to install anti-virus / malware protection client. 
  • Users are instructed in how to install software. 
  • Users are instructed on how to act on security warnings. 
  • Users are instructed to update their software frequently.

 

 

3. Data Access Control 

Technical and organisational measures regarding the on-demand structure of the authorisation concept, data access rights and monitoring and recording of the same: 

 

Logging and monitoring 

Mono logs everything to be able to trace breaches and unauthorized access of any kind. 

 

Servers 

All serves have logs (access, system (OS) & application logs). 

Mono has a Central Log repository in place, where it is possible to search through and monitor all logs 30 days back. 

Logs are locked and protected from tampering. 

All servers are synchronized (clock / UTC). 

Administrator and operator access to servers is logged and access control are limited to the appointed administrator(s). 

 

Transmission Control 

Technical and organisational measures regarding the transport, transfer, transmission, storage and subsequent review of Personal Data on data media (manually or electronically), so that Personal Data cannot be read, copied, changed or deleted without authorisation, during transfer or while stored on data media, and so that it can be monitored and determined as to which recipients a transfer of Personal Data is intended. 

The transfer of Personal Data to a third party (e.g. customers, sub-contractors, service providers) is only made if a corresponding contract exists, and only for the specific purposes. If Personal Data is transferred to companies located outside the EEA, the Processor provides that an adequate level of data protection exists at the target location or organisation in accordance with the European Union's data protection requirements, e.g. by employing contracts based on the Standard Contractual Clauses. 

 

Technical Vulnerability Management 

Machines and equipment are monitored through a dedicated managed service. 

All employees must get permission to install software outside of the standard suite. 

We audit all systems on ongoing basis with at least yearly audits for critical systems. 

 

Network Security Management 

All networks (internal and external) are managed and secure with restrictions and access controls in place. 

Segregation of networks are in place. 

 

Information Transfer 

Policies for use of any information transfer system (such as Slack, Skype, Email etc.) are in place. All such systems require a personal invitation to be able to use them. NDA´s are always in place both for staff and 3rd parties and partners. 

Sensitive information may only be shared internally between Mono employees in a dedicated and secure communication channel where data is deleted. 

 

System acquisition, development and maintenance 

Business requirements for new information systems, or enhancements to existing information systems must specify the requirements for security. Mono has the following security requirements for information systems. 

 

Securing application services on public networks 

All communications over public networks are encrypted using SSL/TLS to ensure integrity of the data and all traffic is monitored to ensure integrity of data. 

 

Protecting application services transactions 

Transactions are monitored and encrypted to ensure integrity of the transactions. 

Security in development and support processes- 

 

Secure development policy 

Security by design is part of the development cycle, development do reviews to ensure best practices for development are adhered to. 

 

System change control procedures 

All changes are reviewed. 

Technical review of applications after operating platform changes. 

 

Technical reviews are in place 

Restrictions on changes to software packages 

A process is in place to ensure only necessary changes are done. 

 

Secure system engineering principles 

Mono are using security best practices to ensure secure development. 

 

Secure development environment 

All development work is done on local hardware with encrypted hard-disks 

 

Outsourced development 

Mono only use outsourcing for non-critical tasks under secure procedure and environments. External providers do not have access to real data. 

 

System security testing 

As part of our deployment pipeline and QA process, security is tested. 

 

System acceptance testing 

As part of our deployment pipeline and QA we do system acceptance testing. 

 

Protection of test data 

All test-data is protected, in the same way as production data and kept separated from the production environment.

 

4. Data Entry Control 

Technical and organisational measures regarding recording and monitoring of the circumstances of data entry to enable retroactive review. 

System inputs are recorded in the form of log files therefore it is possible to review retroactively whether and by whom Personal Data was entered, altered or deleted. 

 

5. Data Processing Control 

Technical and organisational measures to differentiate between the competences of principal and contractor to provide that Personal Data is processed by a commissioned data processor in accordance with the Instructions of the principal. 

Details regarding data processing control are set forth in the Agreement and DPA. 

 

6. Availability Control 

Technical and organisational measures regarding data backup (physical/logical):

 

Site Backups 

Mono provides an API-based "snapshot" service, which allows for site restoration 30 edits back (default). In this case restoration is immediate. Additionally, Mono make server side backups daily for a week, and then weekly backups for a month, and then monthly backups for a minimum of 12 months. A Request for restoration from a backup is made by raising a ticket in our ticket system, JIRA. 

 

Internal information Backups 

All business critical information is stored on cloud solutions (Microsoft OneDrive). 

 

Local Machines 

Local content may or may not be part of a backup scheme (depending on the individual).

 

7. Separation Control 

Technical and organisational measures regarding purposes of collection and separated processing: 

Personal Data used for internal purposes only e.g. as part of the respective customer relationship, may be transferred to a third party such as a subcontractor, solely under consideration of contractual arrangements and appropriate data protection regulatory requirements. 

Employees are instructed to collect, process and use Personal Data only within the framework and for the purposes of their duties (e.g. service provision). At a technical level, multi-client capability includes separation of functions as well as appropriate separation of testing and production systems. 

Company Data is stored in a way that logically separates it from other customer data. 

All data in transit is protected by Transport Layer Security (“TLS”).

 

8. Staff Integrity 

Mono’s staff management policies aim to keep the integrity and security of information as high as possible. 

 

Pre-employment 

The following pre-employment measures are taken in relation to every employee of Mono: 

  • A background check is carried out on all employees. 
  • A confidentiality agreement is included in the signed contracts of every Mono employee and/or contractor. 

 

During employment: 

All employees are instructed and made aware of Mono’s information security policies and practices. This includes use of mobile devices and tele-working. 

Policies for password strength and management are enforced on all employees systematically - for all systems, devices and equipment. 

User-registration, de-registration and access and privilege provisioning is formalized and regularly reviewed. 

Keys are managed and personal access to physical locations is logged. 

Employees breaching the information security policies will be sanctioned. 

 

Post employment: 

Assets (equipment etc.) are returned on termination of an employee´s contract or the conclusion of the need for the use of the assets. (manuscript needed for this process)

Mono terminates all privileges and access rights. 

Keys are returned to Mono.

 

9. Risk Assessment 

Mono’s approach to security is based on recurring risk assessments where information security risks are identified and classified according to their potential damage and impact. Mono performs a general risk assessment annually and updates its security measures and controls accordingly to keep information security intact and up to date. 

During the risk assessment process, each identified risk is classified in one of the following categories:

Severity 1

Critical risk – requires immediate measures

Applies to sensitive information where unauthorized access (including internally) may lead to considerable damage for individuals (Sensitive information is here synonymous with being kept from public access).
Severity 2Considerable risk – requires short term actionApplies to information which may harm or be inappropriate for external parties to gain knowledge of.
Severity 3Moderate risk – requires action but not urgentlyApplies to data where access is restricted or “hard to get” but in no sense sensitive.
Severity 4Low risk – no action requiredApplies to publicly available / open or common data

 

Disruptive threats are highly unlikely but could occur and affect the normal business process. Mono has considered a wide range of potential threats and the results of our deliberations are included in this section. Each potential environmental disaster or emergency situation has been examined. The focus here is on the level of business disruption which could arise from each type of disaster.

 

Potential disasters have been assessed as follows:

Potential DisasterProbability RatingImpact RatingBrief Description Of Potential Consequences & Remedial Actions
Flood44All critical equipment is located on 1st Floor
Fire44Gas-based fire suppression systems installed in data centers. Fire and smoke detectors on all floors.
Tornado5  
Electrical storms5  
Act of terrorism45All systems and data mirrored in multiple locations
Act of sabotage (including DDoS attacks)44All systems and data mirrored in multiple locations. DDoS attacks are mitigated smoothly and efficiently by switching to another IP range.
Electrical power failure54Each data center has full power backup in case of an outage. Generators, in combination with UPS systems, guarantee availability.
Loss of communications network services44Two diversely routed T1 trunks into building. WAN redundancy, voice network resilience

 

Probability: 1=Very High, 5=Very LowImpact: 1=Total destruction, 5=Minor annoyance

 

10. Disaster Recovery 

Crisis Response Team 

A crisis response team is in place to provide the framework for the appropriate response to a disaster. The team will define the degree of involvement by the various members of the staff. 

The objectives of the team include avoiding death or injuries, control and terminating any incident as soon as possible, minimizing commercial and reputational damage, protecting our partners and their clients, protecting our own assets and financial position, minimizing our legal liabilities, recovering disrupted business functionality as soon as possible. 

The crisis response team is also responsible for raising awareness and training throughout the organization. 

 

Declaring a Disaster 

If the crisis response team finds a disaster likely to have a critical impact on one of our partners or their clients (“End Users,”) then the crisis response management will characterize the extent of disaster/expected interruption, and act accordingly. 

Disasters may have - or potentially have - any one or more of the following characteristics: 

  • A Service or Solution is not available; 
  • Major functionality or a major component of a Service or Solution is not available, accessible or operable by End Users and there is no work around; or 
  • A defect materially impacts on one or more of a partner’s products or services (including the website product). 

 

Check List for crisis response 

In case of a disaster, the response team will follow this checklist for the declaration and response to the situation: 

  1. Initial assessment of the problem 
  2. Extent of damage 
  3. Who should report to work if during non-business hours 
  4. Where and when to report to work 
  5. Who will contact partners/clients 
  6. Who will contact suppliers/vendors 
  7. Information about employees’ personal belongings at work 
  8. When more detailed information will be available. 
  9. Who handles media contact 

 

Disaster Affecting the Solution & Data or Hosting Location 

Any single component of the Solution is backed up at redundant locations and detailed response procedures and monitoring systems are in place for different types of outages. 

The Solution is hosted at maximum security facilities in Copenhagen and directly linked with a duplicate server setup in Luxemburg which mirrors the Copenhagen Server and is used in fail-over situations. 

The Site Editor and the API is served from multiple locations. Sites and site data is backed up centrally as well. 

 

Disaster Affecting Mono Offices 

Mono has a fully operational setup that allows all employees to work from their own home. In case a disaster hits any of the Mono Offices, employees will be notified by phone to work from their own home. 

 

11. Data Breaches 

Mono keeps logs of data breaches and has a clear policy for data breach notification.

 

 

CCPA Addendum to Data Processing Agreement

(effective as of January 1, 2020)

This Addendum to the Data Processing Agreement (this “Addendum”) is entered into by and between Mono and the Company (each as defined in the Agreement).

1.         Applicability.  Notwithstanding anything to the contrary set forth in the DPA between Mono and the Company set forth above, pursuant to the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199) and the regulations promulgated in connection therewith, including any subsequent amendments to any of the foregoing as may be promulgated from time to time (collectively, the “CCPA”), the parties agree that with respect to Consumers (as defined in the CCPA), this Addendum shall control with respect to the treatment of all Personal Information (as defined in the CCPA) and shall govern the respective rights and obligations of Mono and the Company with respect to such Consumers.  In the event of a conflict between the Agreement, the DPA and this Addendum, as to the treatment of Consumers and the Personal Information of such Consumers, this Addendum shall control with respect to the rights and obligations of Mono and the Company, but shall not otherwise serve to amend the Agreement and/or the DPA.

2.         Definitions.  For purposes of this Addendum, Capitalized terms used herein and not defined in the Agreement and/or the DPA shall have the following meanings:

2.1        “Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with an entity.

2.2        “Business” shall have the meaning set forth in the CCPA.

2.3        “Business Purpose” shall have the meaning set forth in the CCPA.

2.4        “Consumer” shall have the meaning set forth in the CCPA.

2.5        “Personal Information” shall have the meaning set forth in the CCPA.

2.6        “Sale” shall have the meaning set forth in the CCPA.

2.7        “Security Breach” means the accidental, unauthorized, or unlawful destruction, loss, alteration, theft of, unauthorized disclosure of, or access to, the Personal Information data transmitted, stored, or otherwise processed by the Service Provider.

2.8        “Service Provider” shall have the meaning set forth in the CCPA.

3.         Service Provider Status.  Mono and Company agree that for all purposes of the CCPA, Mono shall be treated as a Service Provider and Company shall be a Business.  As a Service Provider, Mono agrees that its collection, retention, use, processing and disclosure of Personal Information from Consumers on behalf of Company, its Affiliates, Designated Users and customers shall be limited solely to the extent necessary for Mono to perform the Business Purposes (as more particularly described in the Agreement) and shall not be collected, retained, used, processed and disclosed by Mono for any other purposes, except as may otherwise be specifically permitted pursuant to the CCPA with respect to a Service Provider.  Without limiting the foregoing, Mono shall not use any Personal Information of Consumers collected, stored and/or retained by Mono in connection with its performance of this Agreement on behalf of any other party other than Company, its Affiliates, Designated Users and/or customers (as applicable) in accordance with the terms of the Agreement.  Notwithstanding anything to the contrary set forth herein, Mono may combine Personal Information collected in accordance with the Agreement in order to detect Security Breaches or protect against fraudulent or illegal activity.  Mono and Company agree that in its capacity as a Service Provider, Mono’s collection, retention, use, processing and disclosure of Personal Information shall not be deemed a Sale of Personal Information.  Company shall remain responsible for all compliance obligations pursuant to the CCPA for itself and its Affiliates, Designated Users and customers, except as set forth herein, including with respect to Consumer initiated requests to access, modify, update, delete and receive additional information from Company, its Affiliates, Designated Users and customers with respect to the uses of such Consumers’ Personal Information.

4.         Obligations of the Parties. 

4.1        Company shall ensure that it maintains a privacy policy and causes any third parties (including without limitation its Affiliates, Designated Users and customers) that utilize the Solutions to maintain a privacy policy that conforms to the requirements of the CCPA, including, without limitation, providing all necessary notices to Consumers of their respective rights pursuant to the CCPA. 

4.2        Company shall ensure that it complies with and causes any third parties (including without limitation its Affiliates, Designated Users and its customers) that utilize the Solutions to comply with the requirements of the CCPA in all respects, including as set forth in the privacy policy required pursuant to Section 4.1 above.

4.3        Mono shall notify Company within 48 hours of receipt of any request from a Consumer pursuant to the CCPA for which Company and/or its Affiliates, Designated Users and/or customers has an obligation to reply in accordance with the CCPA.

4.4        Mono shall provide all reasonable cooperation to Company, its Affiliates, Designated Users and customers (at Company’s sole cost and expense) necessary to enable such parties to comply with the requirements of the CCPA, but solely to the extent that the Solutions do not provide the Company and/or its Designated Users and customers with the ability to comply with such requirements directly and in a self-service capacity.  Company, its Affiliates, Designated Users and customers shall be solely responsible for verifying that any Consumer request constitutes a verifiable Consumer request in accordance with the CCPA.  Mono shall not be obligated to take any action with respect to Personal Information request by Company, its Affiliates, Designated Users and customers to the extent such action would render Mono unable to comply with its obligations under the CCPA, provided that it shall provide notice to Company, its Affiliates, Designated Users and/or customers (as applicable) in such event, including providing the Company, its Affiliates, Designated Users and/or customers (as applicable) with the basis under the CCPA that Mono is retaining such Personal Information.

4.5        Each of Mono and Company agree to establish reasonable security practices and procedures with respect to the treatment of Personal Information obtained by such party in connection with the performance of the Agreement to the fullest extent required by the CCPA, including without limitation, established practices and procedures with respect to the collection, retention, use, processing and disclosure of Personal Information from Consumers and responding to all Consumer requests in accordance with the requirements of the CCPA.  Each of Mono and Company shall take commercially reasonable measures to prevent a Security Breach and shall notify the other if there is and/or there is a reasonable suspicion on the part of such party that there has been a Security Breach.

4.6        Mono shall take appropriate steps to ensure that any natural person acting under the authority of Mono, in its capacity as a Service Provider, who has access to Personal Information shall only process the Personal Information in accordance with this Addendum.  Mono shall ensure that all employees, agents, officers and contractors involved in the handling of Personal Information: (i) are aware of the confidential nature of the Personal Information and are contractually bound to keep the Personal Information confidential; (ii) have received appropriate training on their responsibilities as a Service Provider; and (iii) are bound by the terms of this Addendum.

5.         Liability

5.1       The limitations on liability set out in the Agreement apply to all claims made pursuant to any breach of the terms of this Addendum.

5.2       The parties agree that Mono shall be liable for any breaches of this Addendum caused by the acts and omissions or negligence of its Sub-Service Providers to the same extent the Mono would be liable if performing the services of each Sub-Service Provider directly under the terms of the Addendum, subject to any limitations on liability set out in the terms of the Agreement.

5.3       The parties agree that Company shall be liable for any breaches of this Addendum caused by the acts and omissions or negligence of its Affiliates, Designated Users and/or customers as if such acts, omissions or negligence had been committed by Company itself.

5.4       Company shall not be entitled to recover more than once in respect of the same claim.

6.         Indemnity.  Company will indemnify, defend and hold Mono and its directors, officers, employees, agents, sub-Service Providers, successors and assigns harmless from and against any third party claims, demands, actions, orders and proceedings (collectively “Claims”) for damages, liabilities, losses, fines, costs and expenses (including reasonable attorney fees and expenses) related to a breach by any of the Company and/or its Affiliates, Designated Users and customers and their respective directors, officers, employees and agents, of their obligations under this Addendum, a Security Breach caused by any of them, and/or a breach of any such parties’ obligations under the CCPA.

7.         Term and Termination

7.1       The term of this Addendum shall coincide with the term of the Agreement and this Addendum shall terminate automatically together with termination or expiry of the Agreement.

7.2       Mono shall at the choice of the Company, upon receipt of a written request received within 30 days the end of the provision of the Solutions and Services relating to processing, delete or return Personal Information to the Company. Mono shall in any event delete all copies of Personal Information in its systems within 60 days of the effective date of termination of the Agreement unless: (i) applicable law or regulations require storage of the Personal Information after termination; or (ii) partial Personal Information of the Company is stored in backups, then such Personal Information shall be deleted from backups up 2 years after the effective date of termination of the Agreement.

7.3       The parties agree that this Addendum is incorporated into and governed by the terms of the Agreement.

8.         General

8.1        This Addendum shall be governed by the terms and conditions of the Agreement, except as to the interpretation of the CCPA, which shall be governed in all respects by the laws of the State of California.  No variation or modification of this Addendum or waiver of any of the terms or provisions hereof will be deemed valid unless in writing and signed by both parties hereto.  The parties agree to work in good faith to amend and/or modify this Addendum to the extent that changes in applicable laws, rules or regulations so require.

8.2        If this Addendum or any provision hereof is found by a court of competent jurisdiction to be invalid and/or unenforceable, this Addendum may be amended by a court of competent jurisdiction without further action of the parties hereto to amend same to be valid and enforceable, while adhering as closely as possible to the original intent and purposes of this Addendum and all other provisions of this Addendum shall remain in full force and effect without alteration.

8.3        The terms of this Addendum shall be deemed the Confidential Information of the parties hereto, in accordance with the terms of the Agreement.  Notwithstanding the foregoing, either party hereto may cooperate with any law enforcement agencies concerning conduct or activity that it reasonably and in good faith believes may violate international, federal, state, or local law, provided that it shall provide the other party hereto with notice of such event (where lawfully able to do so).

*End of Addendum*