Data Processing and Security Terms
Version 1.5
Last modified: 2 November 2023
These Data Processing and Security Terms, including their appendices (the “Terms”) are incorporated into the agreement under which SDU, eScience Center has agreed to provide its services (as described at https://legal.cloud.sdu.dk/terms) and related technical support to Customer (the “Agreement”).
1. Commencement
These Terms will be effective and replace any previously applicable data processing and security terms from the Terms Effective Date.
2. Definitions
2.1 Capitalized terms defined in the Agreement apply to these Terms.
In addition, in these Terms:
Additional Security Controls means security resources, features, functionality and/or controls that Customer may use at its option and/or as it determines, including encryption, logging and monitoring, identity and access management, security scanning, and firewalls.
Audited Services means the then-current Services indicated as being in-scope for the relevant certification or report at https://legal.cloud.sdu.dk/security/compliance/services-in-scope. SDU, eScience Center may not remove a Service from this URL unless that Service has been discontinued in accordance with the Agreement.
Customer Data has the meaning given in the Agreement or, if no such meaning is given, means data provided by or on behalf of Customer or Customer End Users via the Services under the Account.
Customer End Users has the meaning given in the Agreement or, if not such meaning is given, has the meaning given to “End Users” in the Agreement.
Customer Personal Data means the personal data contained within the Customer Data, including any special categories of personal data defined under European Data Protection Law.
Data Incident means a breach of SDU, eScience Center’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by SDU, eScience Center.
EEA means the European Economic Area.
EMEA means Europe, the Middle East and Africa.
EU GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the Swiss FDPA.
European Law* means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).
GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
SDU, eScience Center’s Third Party Auditor means a SDU, eScience Center-appointed, qualified and independent third party auditor, whose then-current identity SDU, eScience Center will disclose to Customer.
Instructions has the meaning given in Section 5.2.1 (Customer’s Instructions).
Non-European Data Protection Law means data protection or privacy laws in force outside the EEA, the UK and Switzerland.
Notification Email Address means the email address(es) designated by Customer to receive certain notifications from SDU, eScience Center. Customer is responsible for ensuring that its Notification Email Address remains current and valid.
SCCs means the Customer SCCs and/or SCCs (EU Processor-to-Processor, SDU, eScience Center Exporter), as applicable.
SCCs (EU Controller-to-Processor) means the terms at: https://cloud.SDU, eScience Center.com/terms/sccs/eu-c2p
SCCs (EU Processor-to-Controller) means the terms at: https://cloud.SDU, eScience Center.com/terms/sccs/eu-p2c
SCCs (EU Processor-to-Processor) means the terms at: https://cloud.SDU, eScience Center.com/terms/sccs/eu-p2p
Security Documentation means all documents and information made available by SDU, eScience Center under Section 7.5.1 (Reviews of Security Documentation).
Security Measures has the meaning given in Section 7.1.1 (SDU, eScience Center’s Security Measures).
Subprocessor means a third party authorized as another processor under these Terms to have logical access to and process Customer Data in order to provide parts of the Services and TSS.
Supervisory Authority means a “supervisory authority” as defined in the EU GDPR.
Term means the period from the Terms Effective Date until the end of provision of the Services.
Terms Effective Date means the date on which Customer accepted, or the parties otherwise agreed to, these Terms.
2.2 The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in these Terms have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.
3. Duration
Regardless of whether the Agreement has terminated or expired, these Terms will remain in effect until, and automatically expire when, SDU, eScience Center deletes all Customer Data as described in these Terms.
4. Scope of Data Protection Law
4.1 Application of European Law.
The parties acknowledge that European Data Protection Law will apply to the processing of Customer Personal Data if, for example:
(a) the processing is carried out in the context of the activities of an establishment of Customer in the territory of the EEA or the UK; and/or
(b) the Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services in the EEA or the UK, or the monitoring of their behavior in the EEA or the UK.
4.2 Application of Terms.
Except to the extent these Terms state otherwise, these Terms will apply irrespective of whether European Data Protection Law applies to the processing of Customer Personal Data.
5. Processing of Data
5.1 Roles and Regulatory Compliance; Authorization.
5.1.1 Processor and Controller Responsibilities.
If European Data Protection Law applies to the processing of Customer Personal Data:
(a) the subject matter and details of the processing are described in Appendix 1;
(b) SDU, eScience Center is a processor of that Customer Personal Data under European Data Protection Law;
(c) Customer is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Law; and
(d) each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of that Customer Personal Data.
5.1.2 Processor Customers.
If European Data Protection Law applies to the processing of Customer Personal Data and Customer is a processor:
(a) Customer warrants on an ongoing basis that the relevant controller has authorized: (i) the Instructions, (ii) Customer’s appointment of SDU, eScience Center as another processor, and (iii) SDU, eScience Center’s engagement of Subprocessors as described in Section 11 (Subprocessors)
(b) Customer will immediately forward to the relevant controller any notice provided by SDU, eScience Center under Sections 5.2.3 (Instruction Notifications), 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests), 11.4 (Opportunity to Object to Subprocessor Changes) or that refers to any SCCs; and
(c) Customer may: i. request access for the relevant controller to the SOC Reports in accordance with Section 7.5.3(a); and ii. make available to the relevant controller any other information made available by SDU, eScience Center under Sections 10.5 (Supplementary Measures and Information), 10.7 (Data Center Information) and 11.2 (Information about Subprocessors).
5.2 Scope of Processing.
5.2.1 Customer’s Instructions.
Customer instructs SDU, eScience Center to process Customer Personal Data only in accordance with applicable law: (a) to provide, secure, and monitor the Services and TSS; (b) as further specified via Customer’s use of the Services and TSS; (c) as documented in the form of the Agreement (including these Terms); and (d) as further documented in any other written instructions given by Customer and acknowledged by SDU, eScience Center as constituting instructions for purposes of these Terms (collectively, the “Instructions”).
5.2.2 SDU, eScience Center’s Compliance with Instructions.
SDU, eScience Center will comply with the Instructions unless prohibited by European Law.
5.2.3 Instruction Notifications.
SDU, eScience Center will immediately notify Customer if, in SDU, eScience Center’s opinion: (a) European Law prohibits SDU, eScience Center from complying with an Instruction; (b) an Instruction does not comply with European Data Protection Law; or (c) SDU, eScience Center is otherwise unable to comply with an Instruction, in each case unless such notice is prohibited by European Law. This Section does not reduce either party’s rights and obligations elsewhere in the Agreement.
6. Data Deletion
6.1 Deletion by Customer.
SDU, eScience Center will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, this use will constitute an Instruction to SDU, eScience Center to delete the relevant Customer Data from SDU, eScience Center’s systems in accordance with applicable law. SDU, eScience Center will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.
6.2 Return or Deletion at the end of the Term.
If Customer wishes to retain any Customer Data after the end of the Term, it may instruct SDU, eScience Center in accordance with Section 9.1 (Access; Rectification; Restricted Processing; Portability) to return that data during the Term. Customer instructs SDU, eScience Center to delete all remaining Customer Data (including existing copies) from SDU, eScience Center’s systems at the end of the Term in accordance with applicable law. After a recovery period of up to 30 days from that date, SDU, eScience Center will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.
6.3 Deletion on Customer’s instructions.
On Customer’s request the SDU eScience shall immediately transfer or delete personal data, which the SDU eScience is processing for Customer, unless Union or member state law requires storage of the personal data.
7. Data Security
7.1 SDU, eScience Center’s Security Measures, Controls and Assistance.
7.1.1 SDU, eScience Center’s Security Measures.
SDU, eScience Center will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”). The Security Measures include measures to encrypt personal data; to help ensure ongoing confidentiality, integrity, availability and resilience of SDU, eScience Center’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. SDU, eScience Center may update the Security Measures from time to time provided that such updates do not result in a material reduction of the security of the Services.
7.1.2 Access and Compliance.
SDU, eScience Center will: (a) authorize its employees, contractors and Subprocessors to access Customer Personal Data only as strictly necessary to comply with Instructions; (b) take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance; and (c) ensure that all persons authorized to process Customer Personal Data are under an obligation of confidentiality.
7.1.3 Additional Security Controls.
SDU, eScience Center will make Additional Security Controls available to: (a) allow Customer to take steps to secure Customer Data; and (b) provide Customer with information about securing, accessing and using Customer Data.
7.1.4 SDU, eScience Center’s Security Assistance.
SDU, eScience Center will (taking into account the nature of the processing of Customer Personal Data and the information available to SDU, eScience Center) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations under Articles 32 to 34 of the GDPR, by:
(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (SDU, eScience Center’s Security Measures);
(b) making Additional Security Controls available to Customer in accordance with Section 7.1.3 (Additional Security Controls);
(c) complying with the terms of Section 7.2 (Data Incidents);
(d) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in the Agreement (including these Terms); and
(e) if subsections (a)-(d) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.
7.2 Data Incidents.
7.2.1 Incident Notification.
SDU, eScience Center will notify Customer promptly and without undue delay after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data.
7.2.2 Details of Data Incident.
SDU, eScience Center’s notification of a Data Incident will describe: the nature of the Data Incident including the Customer resources impacted; the measures SDU, eScience Center has taken, or plans to take, to address the Data Incident and mitigate its potential risk; the measures, if any, SDU, eScience Center recommends that Customer take to address the Data Incident; and details of a contact point where more information can be obtained. If it is not possible to provide all such information at the same time, SDU, eScience Center’s initial notification will contain the information then available and further information will be provided without undue delay as it becomes available.
7.2.3 Delivery of Notification.
Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address.
7.2.4 No Assessment of Customer Data by SDU, eScience Center.
SDU, eScience Center has no obligation to assess Customer Data in order to identify information subject to any specific legal requirements.
7.2.5 No Acknowledgement of Fault by SDU, eScience Center.
SDU, eScience Center’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by SDU, eScience Center of any fault or liability with respect to the Data Incident.
7.3 Customer’s Security Responsibilities and Assessment.
7.3.1 Customer’s Security Responsibilities.
Without prejudice to SDU, eScience Center’s obligations under Sections 7.1 (SDU, eScience Center’s Security Measures, Controls and Assistance) and 7.2 (Data Incidents), and elsewhere in the Agreement, Customer is responsible for its use of the Services and its storage of any copies of Customer Data outside SDU, eScience Center’s or SDU, eScience Center’s Subprocessors’ systems, including:
(a) using the Services and Additional Security Controls to ensure a level of security appropriate to the risk to the Customer Data;
(b) securing the account authentication credentials, systems and devices Customer uses to access the Services; and
(c) backing up its Customer Data as appropriate.
7.3.2 Customer’s Security Assessment.
Customer agrees that the Services, Security Measures implemented and maintained by SDU, eScience Center, Additional Security Controls and SDU, eScience Center’s commitments under this Section 7 (Data Security) provide a level of security appropriate to the risk to Customer Data (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals).
7.4 Compliance Certifications
SDU, eScience Center will maintain at least the following for the Audited Services in order to evaluate the continued effectiveness of the Security Measures: (a) certificates for ISO 27001. SDU, eScience Center may add standards at any time. SDU, eScience Center may replace a Compliance Certification with an equivalent or enhanced alternative.
7.5 Reviews and Audits of Compliance.
7.5.1 Reviews of Security Documentation.
SDU, eScience Center will make the Compliance Certifications available for review by Customer to demonstrate compliance by SDU, eScience Center with its obligations under these Terms.
7.5.2 Customer’s Audit Rights.
(a) If European Data Protection Law applies to the processing of Customer Personal Data, SDU, eScience Center will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify SDU, eScience Center’s compliance with its obligations under these Terms in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits). During an audit, SDU, eScience Center will make available all information necessary to demonstrate such compliance and contribute to the audit as described in Section 7.4 (Compliance Certifications) and this Section 7.5 (Reviews and Audits of Compliance).
(b) If Customer SCCs apply as described in Section 10.3 (Restricted Transfers), SDU, eScience Center will allow Customer (or an independent auditor appointed by Customer) to conduct audits as described in those SCCs and, during an audit, make available all information required by those SCCs, both in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).
(c) Customer may conduct an audit to verify SDU, eScience Center’s compliance with its obligations under these Terms by reviewing the Security Documentation (which reflects the outcome of audits conducted by SDU, eScience Center’s Third Party Auditor).
7.5.3 Additional Business Terms for Reviews and Audits.
(a) Customer must send any requests for reviews under Section 5.1.2(c)(i) or 7.5.1, or audits under Section 7.5.2(a) or 7.5.2(b), to SDU, eScience Center’s Support Team as described in Section 12 (Support Team; Processing Records).
(b) Following receipt by SDU, eScience Center of a request under Section 7.5.3(a), SDU, eScience Center and Customer will discuss and agree in advance on: (i) the reasonable date(s) of and security and confidentiality controls applicable to any review of the SOC 2 report under Section 5.1.2(c)(i) or 7.5.1; and (ii) the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit under Section 7.5.2(a) or 7.5.2(b).
(c) SDU, eScience Center may charge a fee (based on SDU, eScience Center’s reasonable costs) for any audit under Section 7.5.2(a) or 7.5.2(b). SDU, eScience Center will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit.
(d) SDU, eScience Center may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.5.2(a) or 7.5.2(b) if the auditor is, in SDU, eScience Center’s reasonable opinion, not suitably qualified or independent or otherwise manifestly unsuitable. Any such objection by SDU, eScience Center will require Customer to appoint another auditor or conduct the audit itself.
8. Impact Assessments and Consultations
SDU, eScience Center will (taking into account the nature of the processing and the information available to SDU, eScience Center) assist Customer in ensuring compliance with its (or, where Customer is a processor, the relevant controller’s) obligations under Articles 35 and 36 of the GDPR, by:
(a) providing Additional Security Controls in accordance with Section 7.1.3 (Additional Security Controls) and the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation);
(b) providing the information contained in the Agreement (including these Terms); and
(c) if subsections (a) and (b) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.
9. Access etc.; Data Subject Rights; Data Export
9.1 Access; Rectification; Restricted Processing; Portability. During the Term, SDU, eScience Center will enable Customer, in a manner consistent with the functionality of the Services, to access, rectify and restrict processing of Customer Data, including via the deletion functionality provided by SDU, eScience Center as described in Section 6.1 (Deletion by Customer), and to export Customer Data. If Customer becomes aware that any Customer Personal Data is inaccurate or outdated, Customer will be responsible for using such functionality to rectify or delete that data if required by applicable European Data Protection Law.
9.2 Data Subject Requests.
9.2.1 Responsibility for Requests.
During the Term, if SDU, eScience Center’s Support Team receives a request from a data subject that relates to Customer Personal Data and identifies Customer, SDU, eScience Center will: (a) advise the data subject to submit their request to Customer; (b) promptly notify Customer; and (c) not otherwise respond to that data subject’s request without authorization from Customer. Customer will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.
9.2.2 SDU, eScience Center’s Data Subject Request Assistance.
SDU, eScience Center will (taking into account the nature of the processing of Customer Personal Data) assist Customer in fulfilling its (or, where Customer is a processor, the relevant controller’s) obligations under Chapter III of the GDPR to respond to requests for exercising the data subject’s rights by:
(a) providing Additional Security Controls in accordance with Section 7.1.3 (Additional Security Controls);
(b) complying with Sections 9.1 (Access; Rectification; Restricted Processing; Portability) and 9.2.1 (Responsibility for Requests); and
(c) if subsections (a) and (b) above are insufficient for Customer (or the relevant controller) to comply with such obligations, upon Customer’s request, providing Customer with additional reasonable cooperation and assistance.
10. Data Transfers
10.1 Data Storage and Processing Facilities. SDU eScience stores and processes Customer Data at its facilities at SDU, Odense, Denmark.
10.2 Customer transfers of Data. SDU eScience assumes no responsibility for the Customer transferring Customer Personal Data outside the SDU eScience center facilities. SDU eScience will only transfer data per written instruction by the Customer.
11. Subprocessors
11.1 Consent to Subprocessor Engagement.
Customer specifically authorizes the engagement as Subprocessors of those entities listed as of the Terms Effective Date at the URL specified in Section 11.2 (Information about Subprocessors). In addition, without prejudice to Section 11.4 (Opportunity to Object to Subprocessor Changes), Customer generally authorizes the engagement as Subprocessors of any other third parties (“New Subprocessors”).
11.2 Information about Subprocessors.
Information about Subprocessors, including their functions and locations, is available at: https://legal.cloud.sdu.dk/terms/subprocessors (as may be updated by SDU, eScience Center from time to time in accordance with these Terms).
11.3 Requirements for Subprocessor Engagement.
When engaging any Subprocessor, SDU, eScience Center will:
(a) ensure via a written contract that: i. the Subprocessor only accesses and uses Customer Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Terms); and ii. if the processing of Customer Personal Data is subject to European Data Protection Law, the data protection obligations described in these Terms (as referred to in Article 28(3) of the GDPR, if applicable), are imposed on the Subprocessor; and
(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
11.4 Opportunity to Object to Subprocessor Changes.
(a) Customer may, within 90 days after the engagement of a New Subprocessor, object by immediately terminating the Agreement for convenience by notifying SDU, eScience Center.
12. Support Team; Processing Records
12.1 Support Team; Data Protection Officer
SDU, eScience Center’s Support Team will provide prompt and reasonable assistance with any Customer queries related to processing of Customer Personal Data under the Agreement and can be contacted at support@escience.sdu.dk (and/or via such other means as SDU, eScience Center may provide from time to time). SDU’s Data Protection Officer can be contacted via email at dpo@sdu.dk (and/or via such other means as SDU eScience may provide from time to time).
12.2 SDU eScience’s Processing Records. To the extent the GDPR requires SDU eScience to collect and maintain records of certain information relating to Customer, Customer will, where requested, use the SDU eScience services and contacts provided to supply such information and keep it accurate and up-to-date. SDU eScience may make any such information available to the Supervisory Authority if required by the GDPR.
12.3 Controller Requests.
During the Term, if SDU, eScience Center’s Support Team receives a request or instruction from a third party purporting to be a controller of Customer Personal Data, SDU, eScience Center will advise the third party to contact Customer.
13. Miscellaneous
13.1 Regardless of the term of the Agreement, the Agreement is in force as long as SDU eScience process the personal data, for which Customer is data controller.
13.2 In case of termination of the Agreement, regardless of the legal grounds therefore, SDU eScience must provide the necessary transition services to Customer. The SDU eScience is obliged to assist in a loyal way and as fast as possible with transferring the personal data to another SDU eScience or return them to Customer.
13.3 The SDU eScience is under no circumstances entitled to condition the full and unlimited compliance with Customer’s instructions on Customer’s payment of outstanding invoices etc., and the SDU eScience has no right of retention in the personal data.
14. Amendments and Assignments
14.1 The Parties may at any time agree to amend this Agreement. Amendments must be in writing.
14.2 SDU eScience may not assign or transfer any of its rights or obligations arising from this Agreement without Customer’s prior, written consent.
15. Interpretation
15.1 Precedence.
To the extent of any conflict or inconsistency between:
(a) these Terms and the remainder of the Agreement, these Terms will prevail; and
(b) any Customer SCCs (which are incorporated by reference into these Terms) and the remainder of the Agreement (including these Terms), the Customer SCCs will prevail.
15.2 No Modification of SCCs.
Nothing in the Agreement (including these Terms) is intended to modify or contradict any SCCs or prejudice the fundamental rights or freedoms of data subjects under European Data Protection Law.
Appendix 1: Subject Matter and Details of the Data Processing
Subject Matter
SDU, eScience Center’s provision of the Services and TSS to Customer.
Duration of the Processing
The Term plus the period from the end of the Term until deletion of all Customer Data by SDU, eScience Center in accordance with the Terms.
Nature and Purpose of the Processing
SDU, eScience Center will process Customer Personal Data for the purposes of providing the Services and TSS to Customer in accordance with the Terms.
Categories of Data
Data relating to individuals provided to SDU, eScience Center via the Services, by (or at the direction of) Customer or by Customer End Users.
Data Subjects
Data subjects include the individuals about whom data is provided to SDU, eScience Center via the Services by (or at the direction of) Customer or by Customer End Users.
Appendix 2: Security Measures
As from the Terms Effective Date, SDU eScience will implement and maintain the Security Measures described in this Appendix 2.
1. Data Center and Network Security
(a) Data Centers.
Infrastructure. SDU eScience stores all production data in physically secure data centers at SDU, Odense, Denmark.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow SDU eScience to perform certain types of preventative and corrective maintenance without interruption.
Power. The data center electrical power systems are designed to provide redundant power to critical infrastructure components in the data center only. Backup power is provided by various mechanisms such as uninterruptible power supplies (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to critical infrastructure components in the data center. However full capacity of the data center cannot be guaranteed.
Server Operating Systems. SDU eScience servers use a Linux based implementation customized for the application environment. SDU eScience employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.
(b) Networks and Transmission.
Data Transmission. SDU eScience data centers is connected via high-speed private links to the Danish Research Network “Forskningsnettet” to provide secure and fast data transfer to its data center. This is designed to prevent data from being read, copied, altered or removed without authorization during electronic transfer or transport or while being recorded onto data storage media. SDU eScience transfers data via Internet standard protocols.
External Attack Surface. SDU eScience employs multiple layers of network devices and intrusion detection to protect its external attack surface. SDU eScience considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. SDU eScience’s intrusion detection involves:
tightly controlling the size and make-up of SDU eScience’s attack surface through preventative measures;
employing intelligent detection controls at external entry points; and
employing technologies that automatically remedy certain dangerous situations.
Personal Data Breach Response. SDU eScience monitors a variety of communication channels for personal data breaches, and SDU eScience’s security personnel will react promptly to known breaches.
Encryption Technologies. SDU eScience makes HTTPS encryption (also referred to as SSL or TLS connection) available. SDU eScience servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
(a) Site Controls.
On-site Data Center Security Operation. SDU eScience’s data centers include closed circuit TV (CCTV) cameras and suitable alarm systems. On-site security operation personnel perform internal and external patrols of the data center regularly.
Data Center Access Procedures. SDU eScience maintains formal access procedures for allowing physical access to the data centers. The data centers are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. Only authorized employees, contractors and visitors are allowed entry to the data centers. Only authorized employees are permitted to have electronic card key access to these facilities. All other entrants requiring temporary data center access must: (i) obtain approval in advance from the SDU eScience managers; (ii) sign in at on-site security operations.
On-site Data Center Security Devices. SDU eScience’s data centers employ an electronic card key that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key. Unauthorized activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorized access throughout the business operations and data centers is restricted based on the individual’s job responsibilities. The fire doors at the data centers are alarmed. CCTV cameras are in operation both inside and outside the data centers. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter and doors to the data center. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Cameras record on site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for up to 30 days based on activity.
(b) Access Control.
Infrastructure Security Personnel. SDU eScience has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. SDU eScience’s infrastructure security personnel are responsible for the ongoing monitoring of SDU eScience’s security infrastructure, the review of the Services, and responding to security incidents.
Access Control and Privilege Management. Customer’s administrators must authenticate themselves via a central authentication system or via a single sign on system in order to administer the Services.
Internal Data Access Processes and Policies – Access Policy. SDU eScience’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process personal data. SDU eScience designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. SDU eScience employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. SDU eScience’s authentication and authorization systems utilize SSH certificates and security keys, and are designed to provide SDU eScience with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. SDU eScience requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; and a need to know basis. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength.
3. Data
(a) Data Storage, Isolation and Logging. SDU eScience stores data in a multi-tenant environment on SDU eScience-owned servers. SDU eScience logically isolates the Customer’s data. Customer will be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable Customer to determine the product sharing settings applicable to Customer End Users for specific purposes.
(b) Decommissioned Disks and Disk Erase Policy. Disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Disk Erase Policy”) before leaving SDU eScience’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and the erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed.
4. Personnel Security
SDU eScience personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. SDU eScience conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations. SDU eScience’s personnel will not process Customer Data without authorization.
5. Subprocessor Security
Before onboarding Subprocessors, SDU, eScience Center conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once SDU, eScience Center has assessed the risks presented by the Subprocessor, then subject to the requirements described in Section 11.3 (Requirements for Subprocessor Engagement) of these Terms, the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.