Data Processing and Security Terms
Version 1.6
Last modified: 15 September 2026
These Data Processing and Security Terms, including their appendices (the “Terms”) are incorporated into the agreement under which SDU eScience 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:
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 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’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.
EEA means the European Economic Area.
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 the GDPR, as supplemented by Danish law, including Databeskyttelsesloven (lov nr. 502 af 23. maj 2018).
European Law means EU or EU Member State law, including Danish law, applicable to the processing of Customer Personal Data.
GDPR means the EU GDPR.
SDU eScience’s Third Party Auditor means a SDU eScience-appointed, qualified and independent third party auditor, whose then-current identity SDU eScience will disclose to Customer.
Instructions has the meaning given in Section 5.2.1 (Customer’s Instructions).
Notification Email Address means the email address(es) designated by Customer to receive certain notifications from SDU eScience. Customer is responsible for ensuring that its Notification Email Address remains current and valid.
Security Documentation means all documents and information made available by SDU eScience under Section 7.5.1 (Reviews of Security Documentation).
Security Measures has the meaning given in Section 7.1.1 (SDU eScience’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.
3. Duration
Regardless of whether the Agreement has terminated or expired, these Terms will remain in effect until, and automatically expire when, SDU eScience 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; and/or
(b) the Customer Personal Data is personal data relating to data subjects who are in the EEA and the processing relates to the offering to them of goods or services in the EEA, or the monitoring of their behavior in the EEA.
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 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 as another processor, and (iii) SDU eScience’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 under Sections 5.2.3 (Instruction Notifications), 7.2.1 (Incident Notification), 9.2.1 (Responsibility for Requests) or 11.4 (Opportunity to Object to Subprocessor Changes); and
(c) Customer may: i. request access for the relevant controller to the Compliance Certifications in accordance with Section 7.5.3(a); and ii. make available to the relevant controller any other information made available by SDU eScience under Sections 10.1 (Data Storage and Processing Facilities) and 11.2 (Information about Subprocessors).
5.1.3 Account Data.
Customer Personal Data does not include personal data that SDU eScience processes in order to establish and administer the Account, to provide TSS, and to invoice Customer — such as the names, contact details and login identifiers of Customer’s administrators and Customer End Users held for those purposes, and records of Customer’s use of the Services held for billing (“Account Data”).
SDU eScience is a controller of Account Data. SDU eScience processes Account Data to provide, administer and secure the Services and the Account, to invoice Customer and collect payment, and to comply with its own legal obligations as a Danish public authority. SDU eScience will process Account Data in accordance with European Data Protection Law and will make the information required by Articles 13 and 14 of the GDPR available to the relevant data subjects, including through the data protection information published by the University of Southern Denmark at https://www.sdu.dk/en/om-sdu/om-dette-websted/databeskyttelse.
Section 5.2 (Scope of Processing), including Section 5.2.4 (Limitation on Processing), applies to Customer Personal Data and does not apply to Account Data. Where the same individual appears in both Account Data and Customer Personal Data, SDU eScience’s role is determined separately for each by reference to the purpose for which the data is held.
5.2 Scope of Processing.
5.2.1 Customer’s Instructions.
Customer instructs SDU eScience 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 as constituting instructions for purposes of these Terms (collectively, the “Instructions”).
5.2.2 SDU eScience’s Compliance with Instructions.
SDU eScience will comply with the Instructions unless prohibited by European Law.
5.2.3 Instruction Notifications.
SDU eScience will immediately notify Customer if, in SDU eScience’s opinion: (a) European Law prohibits SDU eScience from complying with an Instruction; (b) an Instruction does not comply with European Data Protection Law; or (c) SDU eScience 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.
5.2.4 Limitation on Processing.
SDU eScience will not process Customer Personal Data other than:
(a) on the Instructions; or
(b) as necessary for the operation, provision, security, monitoring, maintenance, capacity management, troubleshooting and integrity of the infrastructure on which the Services and TSS are provided, which Customer instructs under Section 5.2.1(a); or
(c) where Customer uses an AI Service, as necessary to generate Model Output in response to a Prompt, and to create, retain and act on records of safeguard refusal events on the terms stated in the Service Specific Terms for that AI Service, which Customer instructs under Sections 5.2.1(a) and 5.2.1(c). Terms used in this subsection have the meaning given in those Service Specific Terms.
SDU eScience will not process Customer Personal Data for its own purposes, and in particular will not use Customer Personal Data to develop, train or improve any product, service or model, other than to the extent strictly necessary for the purposes described in subsections (b) and (c). For the avoidance of doubt, SDU eScience does not use Prompts or Model Output to train, fine-tune or evaluate any Model or other model. SDU eScience does not determine the purposes of the processing of Customer Personal Data and does not act as a controller of that data.
5.2.5 Processing Required by Law.
Where European Law or Danish law requires SDU eScience to process Customer Personal Data otherwise than on the Instructions, SDU eScience will: (a) process only to the extent that law requires; and (b) inform Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. Processing under this Section does not make SDU eScience a controller of Customer Personal Data except to the extent that law so provides.
6. Data Deletion
6.1 Deletion by Customer.
SDU eScience 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 to delete the relevant Customer Data from SDU eScience’s systems in accordance with applicable law. SDU eScience will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage. This Section is subject to Section 6.3 (Deletion on Customer’s Instructions).
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 in accordance with Section 9.1 (Access; Rectification; Restricted Processing; Portability) to return that data during the Term. Customer instructs SDU eScience to delete all remaining Customer Data (including existing copies) from SDU eScience’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 will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage. This Section is subject to Section 6.3 (Deletion on Customer’s Instructions).
6.3 Deletion on Customer’s Instructions.
On Customer’s request SDU eScience will immediately transfer or delete personal data which SDU eScience is processing for Customer, unless European Law requires storage of the personal data.
Where Customer makes a request under this Section, this Section prevails over Sections 6.1 and 6.2. SDU eScience will act on the request immediately, and the maximum periods and the recovery period stated in those Sections do not apply to it.
This Section does not apply to an activity log kept under Section 5.2.4(b), or to a record of a safeguard refusal event created under Section 5.2.4(c). Customer instructs the creation and retention of those records in the Agreement itself, for the limited purposes and the limited periods stated in Appendix 1 and, for safeguard refusal events, in the Service Specific Terms for the AI Service; a request under this Section does not withdraw that Instruction. Deleting them on request would defeat the purposes for which Customer has instructed that they be kept, which are to secure and audit the Services and to investigate breaches of the Agreement. SDU eScience will delete each such record at the end of the applicable period.
7. Data Security
7.1 SDU eScience’s Security Measures and Assistance.
7.1.1 SDU eScience’s Security Measures.
SDU eScience 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’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. SDU eScience 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 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 SDU eScience’s Security Assistance.
SDU eScience will (taking into account the nature of the processing of Customer Personal Data and the information available to SDU eScience) 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’s Security Measures);
(b) complying with the terms of Section 7.2 (Data Incidents);
(c) 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
(d) if subsections (a)-(c) 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 will notify Customer without undue delay, and in any event within 48 hours, after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data. That period is set so that Customer retains time to meet its own obligation under Article 33(1) of the GDPR to notify the Supervisory Authority within 72 hours of becoming aware of a personal data breach.
7.2.2 Details of Data Incident.
SDU eScience’s notification of a Data Incident will describe: the nature of the Data Incident including the Customer resources impacted; the measures SDU eScience has taken, or plans to take, to address the Data Incident and mitigate its potential risk; the measures, if any, SDU eScience 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’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.
SDU eScience has no obligation to assess Customer Data in order to identify information subject to any specific legal requirements. The automated operation of Model Safeguards and Service Safeguards on an AI Service, and the creation of records of safeguard refusal events under Section 5.2.4(c), are not an assessment of Customer Data by SDU eScience for the purposes of this Section and do not give SDU eScience knowledge of the content of Customer Data.
7.2.5 No Acknowledgement of Fault by SDU eScience.
SDU eScience’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 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’s obligations under Sections 7.1 (SDU eScience’s Security Measures 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’s or SDU eScience’s Subprocessors’ systems, including:
(a) using the Services 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, the Security Measures implemented and maintained by SDU eScience and SDU eScience’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 will maintain at least the following for the Audited Services in order to evaluate the continued effectiveness of the Security Measures: (a) certification to ISO/IEC 27001. SDU eScience may add standards at any time. SDU eScience 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 will make the Compliance Certifications available for review by Customer to demonstrate compliance by SDU eScience 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 will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify SDU eScience’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 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) Customer may conduct an audit to verify SDU eScience’s compliance with its obligations under these Terms by reviewing the Security Documentation (which reflects the outcome of audits conducted by SDU eScience’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), to SDU eScience’s Support Team as described in Section 12 (Support Team; Processing Records).
(b) Following receipt by SDU eScience of a request under Section 7.5.3(a), SDU eScience 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 Compliance Certifications 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).
(c) SDU eScience may charge a fee (based on SDU eScience’s reasonable costs) for any audit under Section 7.5.2(a). SDU eScience 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 may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.5.2(a) if the auditor is, in SDU eScience’s reasonable opinion, not suitably qualified or independent or otherwise manifestly unsuitable. Any such objection by SDU eScience will require Customer to appoint another auditor or conduct the audit itself.
8. Impact Assessments and Consultations
SDU eScience will (taking into account the nature of the processing and the information available to SDU eScience) 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 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 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 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’s Support Team receives a request from a data subject that relates to Customer Personal Data and identifies Customer, SDU eScience 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’s Data Subject Request Assistance.
SDU eScience 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) complying with Sections 9.1 (Access; Rectification; Restricted Processing; Portability) and 9.2.1 (Responsibility for Requests); and
(b) if subsection (a) above is 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 data centers in Denmark, currently at SDU (Odense) and in Sønderborg.
10.2 Customer transfers of Data. SDU eScience assumes no responsibility for the Customer transferring Customer Personal Data outside the SDU eScience 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 from time to time in accordance with these Terms).
11.3 Requirements for Subprocessor Engagement.
When engaging any Subprocessor, SDU eScience 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.
Customer may, within 90 days after the engagement of a New Subprocessor, object by immediately terminating the Agreement for convenience by notifying SDU eScience.
12. Support Team; Processing Records
12.1 Support Team; Data Protection Officer
SDU eScience’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 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’s Support Team receives a request or instruction from a third party purporting to be a controller of Customer Personal Data, SDU eScience 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 these Terms and the remainder of the Agreement, these Terms will prevail.
15.2 Data Subject Rights.
Nothing in the Agreement (including these Terms) is intended to 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’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 in accordance with the Terms. Activity logs kept under Section 5.2.4(b), and records of safeguard refusal events created under Section 5.2.4(c), are retained for the periods stated below, which may end before, or extend beyond, the end of the Term.
Nature and Purpose of the Processing
SDU eScience will process Customer Personal Data for the purposes of providing the Services and TSS to Customer in accordance with the Terms.
SDU eScience keeps automated logs of activity on the Services, recording the actions taken by Customer End Users and by SDU eScience personnel, in order to operate, secure, monitor, audit and troubleshoot the Services. Those logs are retained for 180 days and are then deleted. They are processed under Section 5.2.4(b) and are not used to develop, train or improve any product, service or model. Where the logs record requests to an AI Service, they contain request metadata — such as user and project identifiers, timestamps, network origin, model identifiers and token usage — but not the content of Prompts or Model Output.
Where Customer uses an AI Service, SDU eScience additionally processes Prompts and Model Output in order to generate Model Output in response to a Prompt, and records events in which a Model Safeguard or a Service Safeguard refuses or withholds Model Output. Prompts and Model Output are not separately stored by the AI Service; they remain in the Customer’s Project or workspace under the Customer’s control, except for the records of safeguard refusal events described in this Appendix. A record of a safeguard refusal event includes the Prompt that gave rise to the refusal. Those records are created and used only in order to detect and investigate breaches of the AUP or of Section 3.3 (Restrictions) of the Terms of Service and to exercise SDU eScience’s rights under Section 4 (Suspension) of the Terms of Service. They are retained for 90 days from the date of the refusal and for the duration of any investigation or Suspension arising from it, are then deleted, and are accessible only to the SDU eScience personnel responsible for security and abuse handling. SDU eScience does not use Prompts or Model Output to train, fine-tune or evaluate any model.
Categories of Data
Data relating to individuals provided to SDU eScience via the Services, by (or at the direction of) Customer or by Customer End Users. Where Customer uses an AI Service, this includes data relating to individuals contained in a Prompt submitted to a Model, in the Model Output generated in response, and in a record of a safeguard refusal event.
Data Subjects
Data subjects include the individuals about whom data is provided to SDU eScience via the Services by (or at the direction of) Customer or by Customer End Users. Where the Services are used for scientific or statistical research, data subjects may include research participants and the subjects of registry data.
Special Categories of Data
Customer determines whether special categories of personal data (Article 9 of the GDPR) or personal data relating to criminal convictions and offences (Article 10 of the GDPR) are provided to SDU eScience via the Services. Where the Services are used for scientific or statistical research, such data may include data concerning health, genetic data and biometric data. Customer will notify SDU eScience before processing such data on the Services, as set out in Section 1.6 of the Regulatory Compliance Annex, so that SDU eScience can determine whether additional Security Measures apply.
Frequency of the Processing
Continuous, for the duration of the processing described above.
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 in Denmark, currently at SDU (Odense) and in Sønderborg.
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 are connected via high-speed private links to the Danish Research Network “Forskningsnettet” to provide secure and fast data transfers. 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) Activity Logging. SDU eScience keeps automated logs of activity on the Services, recording the actions taken by Customer End Users and by SDU eScience personnel, sufficient to operate, secure, monitor, audit and troubleshoot the Services and to establish accountability for access to Customer Data. Those logs are retained for 180 days and are then deleted. Access to them is restricted in accordance with the Access Policy described in Section 2 of this Appendix.
(c) 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 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 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.