Last Updated: 9/24/2021
This Data Processing Agreement (“DPA”), which includes the UK Standard Contractual Clauses and the EEA Standard Contractual Clauses, as applicable, reflects the parties’ agreement with respect to the terms governing the Processing of Personal Data under the Ally Terms of Service , Service Subscription Agreement, Ally Order Form, or other written agreement referencing the Terms of Service or this DPA (the “Agreement”) between Ally Technologies, Inc. (“Ally” or “Processor”) and the customer that is party to the Agreement (“Customer” or “Controller”). This DPA is incorporated into and made a part of the Agreement. Please contact us at [email protected] if you need a signed copy of this DPA for your records.
We periodically update this DPA. If you have an active Ally subscription, we will let you know when we do via an email or in-app notification.
The term of this DPA shall follow the term of the Agreement. Terms not otherwise defined herein shall have the meaning as set forth in the Agreement.
(i) UK Standard Contractual Clauses, attached hereto as Exhibit 1.
(a) Appendix 1, which includes specifics on the Personal Data transferred by the data exporter to the data importer.
(b) Appendix 2, which includes a description of the technical and organizational security measures implemented by the data importer as referenced.
(ii) EEA Standard Contractual Clauses, incorporated herein in Section 7.
(a) Annex 1 to the EEA Standard Contractual Clauses, which includes a description of the transfer, attached hereto as Exhibit 2.
(b) Annex 2 to the EEA Standard Contractual Clauses, which includes a description of the technical and organizational security measures implemented by the data importer, is included in Appendix 2.
(ii) The Ally Sub-Processors Page found here which includes a list of the sub-Processors we use in connection with the provision of the Services.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. Under this DPA, Customer is the Controller.
“Data Protection Law” means all applicable legislation relating to data protection and privacy including without limitation the GDPR in the European Economic Area (“EEA”) or, to the extent applicable, in any other country, including, in Switzerland, the Swiss Federal Act on Data Protection, and, in the United Kingdom (“UK”), the UK GDPR and UK Data Protection Act 2018, as amended, repealed, consolidated or replaced from time to time.
“Data Subject” means the individual to whom Personal Data relates.
“GDPR” means the General Data Protection 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.
“Instruction” means the written, documented instruction, issued by Controller to Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
“Process” or “Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data.
“Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller. Under this DPA, Ally is the Processor.
“EEA Standard Contractual Clauses” means the clauses incorporated herein in Section 7 pursuant to the European Commission’s decision (C(2021)914) of 4 June 2021 on Standard Contractual Clauses for the transfer of personal data to third countries pursuant to the GDPR (OJ L 199, 7.6.2021, p. 31-61), as amended from time to time.
“UK Standard Contractual Clauses” means the clauses attached hereto as Exhibit 1 pursuant to the European Commission’s decision (C(2010)593) of 5 February 2010 on Standard Contractual Clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection (OJ L 39, 12.2.2010, p. 5-18), as applicable in the UK.
a. Categories of Data Subjects. Customer’s contacts and other end users authorized by Customer to use the Services including Customer’s employees, contractors, collaborators, business partners, customers, prospects, suppliers and subcontractors.
b. Types of Personal Data. Identification and contact data (name, email, title, contact information etc.); employment details (employer, employee ID, job title, department, etc.); usage-related data for the Services and the systems used to provide and support the Services; and other electronic data submitted, stored, sent, or received by end users in the Services.
c. Subject-Matter and Nature of the Processing. The subject-matter of Processing of Personal Data by Processor is the provision of the Services to the Controller that involves the Processing of Personal Data. Personal Data will be subject to those Processing activities as may be specified in the Agreement and any applicable order form or statement of work.
d. Purpose of the Processing. Personal Data will be Processed for purposes of providing the Services set out and otherwise agreed to in the Agreement and any applicable order form or statement of work.
e. Duration of the Processing. Personal Data will be Processed for the duration of the Agreement, subject to Section 4 of this DPA.
Within the scope of the Agreement and in its use of the Services, Controller shall be solely responsible for complying with the Data Protection Law, in particular regarding the disclosure and transfer of Personal Data to the Processor and the Processing of Personal Data. For the avoidance of doubt, Controller’s instructions for the Processing of Personal Data shall comply with the Data Protection Law. This DPA is Customer’s complete and final instruction to Ally in relation to Personal Data and additional instructions outside the scope of DPA would require prior written agreement between the parties. Instructions shall initially be specified in the Agreement and may, from time to time thereafter, be amended, amplified or replaced by Controller in separate written instructions (as individual instructions).
Controller shall inform Processor comprehensively and without undue delay about any errors or irregularities related to statutory provisions on the Processing of Personal Data.
a. Compliance with Instructions. The parties acknowledge and agree that Customer is the Controller of Personal Data and Ally is the Processor of the Personal Data. Processor shall collect, process and use Personal Data only within the scope of Controller’s Instructions. If the Processor believes that an Instruction of the Controller infringes the Data Protection Law, it shall immediately inform the Controller without delay. If Processor cannot process Personal Data in accordance with the Instructions due to a legal requirement under any applicable European Union or Member State law, Processor will (i) notify the Controller of that legal requirement before the relevant Processing to the extent permitted by the Data Protection Law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Controller issues new instructions with which Processor is able to comply. If this provision is invoked, Processor will not be liable to the Controller under the Agreement for any failure to perform the applicable Services until such time as the Controller issues new instructions in regard to the Processing.
b. Security. Processor shall take the appropriate technical and organizational measures designed to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data, described under Appendix 2 to this DPA.
Processor will facilitate Controller’s compliance with the Controller’s obligation to implement security measures with respect to Personal Data (including if applicable Controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR), by (i) implementing and maintaining the security measures described under Appendix 2, (ii) complying with the terms of Section 4(d) (Personal Data Breaches); and (iii) providing the Controller with information in relation to the Processing in accordance with Section 5 (Audits).
c. Confidentiality. Processor shall ensure that any personnel whom Processor authorizes to process Personal Data on its behalf is subject to confidentiality obligations with respect to that Personal Data. The undertaking to confidentiality shall continue after the termination of the above-entitled activities.
d. Personal Data Breaches. Processor will notify the Controller as soon as reasonably practicable after it becomes aware of any Personal Data Breach affecting any Personal Data. At the Controller’s request, Processor will provide the Controller with all reasonable assistance necessary to enable the Controller to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if Controller is required to do so under the Data Protection Law.
e. Data Subject Requests. Processor will provide reasonable assistance, including by appropriate technical and organizational measures and taking into account the nature of the Processing, to enable Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to Personal Data (including access, rectification, restriction, deletion or portability of Personal Data, as applicable), to the extent permitted by the law. If such request is made directly to Processor, Processor will inform Controller and will advise Data Subjects to submit their request to the Controller. Controller shall be solely responsible for responding to any Data Subjects’ requests.
f. Deletion, Anonymization or Retrieval of Personal Data. Other than to the extent required to comply with Data Protection Law, following termination or expiration of the Agreement, Processor will delete, anonymize or return all Personal Data (including copies thereof) processed pursuant to this DPA to Controller. If Processor is unable to delete Personal Data for technical or other reasons, Processor will apply measures to ensure that Personal Data is blocked from any further Processing.
Controller shall, upon termination or expiration of the Agreement and by way of issuing an Instruction, stipulate, within a period of time set by Processor, the reasonable measures to return, anonymize or delete stored data. Any additional cost arising in connection with the return, anonymization or deletion of Personal Data after the termination or expiration of the Agreement shall be borne by Controller.
g. Data Protection Impact Assessments and Consultation with Supervisory Authorities. To the extent that the required information is available to Processor and the Controller does not otherwise have access to the required information, Processor will provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with supervisory authorities or other competent data privacy authorities, which Controller reasonably considers to be required by Articles 35 and 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to the processing of Personal Data.
Processor shall, in accordance with Data Protection Laws and in response to a reasonable written request by Controller, make available to Controller such information in Processor’s possession or control related to Processor’s compliance with the obligations of data processors under Data Protection Law in relation to its Processing of Personal Data.
Controller may, upon written request and at least 90 days’ notice to Processor, during regular business hours and without interrupting Processor’s business operations, conduct an inspection of Processor’s business operations or have the same conducted by a qualified third-party auditor subject to Processor’s approval, which shall not be unreasonably withheld.
Processor shall, upon Controller’s written request and on at least 90 days’ notice to the Processor, provide Controller with all information necessary for such audit, to the extent that such information is within Processor’s control and Processor is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.
a. Appointment of Sub-Processors. Controller hereby authorizes Processor to (i) engage as sub-Processors the third parties listed on our Sub-Processors Page, and (ii) engage other third-party sub-Processors in connection with the provision of the Services. For the avoidance of doubt, the above authorization constitutes Controller’s prior written consent to the sub-Processing by Processor for purposes of Clause 11 of the UK Standard Contractual Clauses and Clause 9 of Module 2 of the EEA Standard Contractual Clauses.
Where Processor engages sub-Processors, Processor will enter into a contract with the sub-Processor that imposes on the sub-Processor data protection obligations to the standard required by Data Protection Law. Where the sub-Processor fails to fulfill its data protection obligations, Processor will remain liable to the Controller for the performance of such sub-Processors obligations.
The provisions of this Section 6 shall mutually apply if the Processor engages a sub-Processor in a country outside the EEA, Switzerland or the UK not recognized by the European Commission or another competent authority as providing an adequate level of protection for Personal Data. If, in the performance of this DPA, Ally transfers any Personal Data to a sub-Processor located outside of the EEA, Switzerland or the UK, Ally shall, in advance of any such transfer, ensure that a legal mechanism in respect of that transfer is in place, as required under Data Protection Law.
b. Current Processor List and Notification or Objection to New Sub-Processors. If the Processor engages or intends to engage sub-Processors other than the companies listed on the Sub-Processors Page, the Processor will notify the Controller by updating the Sub-Processors Page. The Controller may object to the engagement of the new sub-Processors. The objection must be received within 30 days after the Sub-Processors Page is updated and must be based on reasonable grounds relating to data protection. If the Processor and Controller are unable to resolve such objection, either party may terminate the Agreement by providing written notice to the other party. Controller shall receive a refund of any prepaid but unused fees for the period following the effective date of termination. If the Controller would like to receive an email notification when we update the Sub-Processors Page, the Controller must notify the Processor at [email protected].
a. Data Transfers. Controller acknowledges and agrees that, in connection with the performance of the Services under the Agreement, Personal Data will be transferred to Ally in the United States and the countries of operation of the Sub-Processors listed on the Sub-Processors Page. Controller hereby authorizes Processor to transfer Personal Data outside the EEA, Switzerland and the UK to any country deemed adequate by the European Commission or another competent authority; on the basis of appropriate safeguards in accordance with Data Protection Law; or pursuant to the UK and EEA Standard Contractual Clauses referred to in sections 7(b) and 7(c) below.
b. Data Transfers out of the UK. The UK Standard Contractual Clauses attached hereto as Exhibit 1 will apply with respect to Personal Data that is transferred outside the UK, either directly or via onward transfer, to the United States or any other country not recognized by the UK government as providing an adequate level of protection for personal data (as described in the Data Protection Law). The following changes apply to the UK Standard Contractual Clauses attached hereto as Exhibit 1: (i) references to Data Protection Law are replaced with references to applicable UK data protection law, (ii) references to the EU or Member States are replaced with references to the United Kingdom, (iii) references to EU authorities are replaced with references to the competent UK authorities.
c. Data Transfers out of the EEA or Switzerland. Module 2 (controller-to-processor) of the EEA Standard Contractual Clauses is incorporated into this DPA and will apply with respect to Personal Data that is transferred outside the EEA or Switzerland, either directly or via onward transfer, to the United States or any other country not recognized by the European Commission as providing an adequate level of protection for Personal Data. Module 2 of the EEA Standard Contractual Clauses is completed as follows: the “data exporter” is Customer; the “data importer” is Ally; the optional docking clause in Clause 7 is implemented; Clause 9(a) option 2 is implemented and the time period herein is specified as thirty (30 days); the optional redress clause in Clause 11(a) is struck; Clause 17 option 1 is implemented and the governing law is the law of Ireland; the courts in Clause 18(b) are the courts of Ireland; Annex 1 to Module 2 of the EEA Standard Contractual Clauses is Exhibit 2 to this DPA; and Annex 2 to Module 2 of the EEA Standard Contractual Clauses is Appendix 2 to this DPA.
c. Continued Compliance with Data Protection Law. If compliance with Data Protection Law applicable to the data transfers authorized in this Section 7 is affected by circumstances outside of the parties’ control, including if a legal instrument for data transfers outside EEA, Switzerland or the UK is invalidated, amended, or replaced, Ally and Customer will work together in good faith to reasonably resolve such non-compliance. In the event that additional, replacement or alternative EEA Standard Contractual Clauses or UK Standard Contractual Clauses are approved by the relevant authorities, Ally and Customer reserve the right to amend the Agreement and this DPA by adding to, changing or replacing, the EEA Standard Contractual Clauses or UK Standard Contractual Clauses that form part of it in order to ensure continued compliance with Data Protection Law.
With respect to updates and changes to this DPA, the terms that apply in the “Updates to this Agreement” and “Miscellaneous” subsections in the Ally Terms of Service shall apply.
Upon the incorporation of this DPA into the Agreement, the parties to this DPA are agreeing to the UK Standard Contractual Clauses and the EEA Standard Contractual Clauses (where and as applicable) and all appendixes attached thereto. In the event of any conflict or inconsistency between this DPA and the UK Standard Contractual Clauses or the EEA Standard Contractual Clauses, the UK Standard Contractual Clauses or the EEA Standard Contractual Clauses shall prevail, provided however: (a) Controller may exercise its right of audit under Clause 5(f) of the UK Standard Contractual Clauses and Clause 8.9 of Module 2 of the EEA Standard Contractual Clauses as set out in, and subject to the requirements of, Section 5 of this DPA; and (b) Processor may appoint sub-Processors as set out, and subject to the requirements of, Section 4 and Section 6 of this DPA.
UK Standard Contractual Clauses (Processors) For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, The Customer according to the Data Processing Agreement to which the Clauses are attached (the “data exporter”)
And Ally Technologies, Inc., 10400 NE 4th St., Suite 500, Bellevue, WA 98004, USA (the “data importer”),
each a ‘party’; together ‘the parties’,
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.
Definitions For the purposes of the Clauses:
(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
(b) ‘the data exporter’ means the controller who transfers the personal data;
(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;
(d) ‘the subprocessor’ means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;
(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;
(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.
Third-party beneficiary clause
Obligations of the data exporter The data exporter agrees and warrants:
(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;
(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
(e) that it will ensure compliance with the security measures;
(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;
(g) to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
(i) that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and
(j) that it will ensure compliance with Clause 4(a) to (i).
Obligations of the data importer The data importer agrees and warrants:
(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
(d) that it will promptly notify the data exporter about:
(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
(ii) any accidental or unauthorised access; and
(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
(h) that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
(i) that the processing services by the subprocessor will be carried out in accordance with Clause 11;
(j) to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.
Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:
(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
(b) to refer the dispute to the courts in the Member State in which the data exporter is established.
2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.
Cooperation with supervisory authorities
Governing law The Clauses shall be governed by the law of the Member State in which the data exporter is established.
Variation of the contract The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.
Obligation after the termination of personal data-processing services
This Appendix forms part of the Clauses. The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
A. Data exporter
The data exporter is the Customer according to the DPA.
B. Data importer
The data importer is Ally Technologies, Inc., a provider of an online business performance management tool.
C. Data subjects
Categories of Data Subjects set out under Section 2 of the DPA.
D. Categories of data
Categories of Personal Data set out under Section 2 of the DPA.
E. Special categories of data (if appropriate)
The parties do not anticipate the transfer of special categories of data.
F. Processing operations
The Processing activities set out under Section 2 of the DPA.
This Appendix forms part of the Clauses.
Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):
Ally currently observes the security practices described in this Appendix 2. Notwithstanding any provision to the contrary otherwise agreed to by data exporter, Ally may modify or update these practices at its discretion provided that such modification and update does not result in a material degradation in the protection offered by these practices. All capitalized terms not otherwise defined herein shall have the meanings as set forth in the Ally Terms of Service.
a) Access Control
i) Preventing Unauthorized Product Access
Outsourced processing: Ally hosts the Services with multi-tenant, outsourced cloud infrastructure providers, currently an Amazon AWS datacenter. Our application servers and database servers run inside an AWS Cloud via Heroku. Additionally, Ally maintains contractual relationships with vendors in order to provide the Services in accordance with our Data Processing Agreement. Ally relies on contractual agreements, privacy policies, and vendor compliance programs in order to protect data processed or stored by these vendors.
Physical and environmental security: Ally hosts its product infrastructure with multi-tenant, outsourced infrastructure providers, currently an Amazon AWS datacenter and may be stored in or accessible from the United States and other countries outside of the European Union. Our application servers and database servers run inside an AWS Cloud. The physical and environmental security controls for AWS are audited for SOC 2 Type II and ISO 27001 compliance, among other certifications. More information can be found on Heroku’s site and AWS’s website at:
Authentication: Ally implemented a uniform password policy for its Services. Customers who interact with the Services via the user interface must authenticate before accessing non-public customer data.
Authorization: Customer data is stored in multi-tenant storage systems. Access to customer data by customers is controlled via application user interfaces, application programming interfaces and login/password. The authorization model in Ally’s Services is designed to ensure that only the appropriately assigned individuals can access relevant features, views, and customization options.
ii) Preventing Unauthorized Product Use
Ally implements access controls and detection capabilities meeting prevailing industry standards for the internal networks that support its products.
Access controls: Network access control mechanisms are designed to prevent network traffic using unauthorized protocols from reaching the product infrastructure.
iii) Limitations of Privilege & Authorization Requirements
Product access: A subset of Ally’s employees and contractors have access to the Services and to customer data via controlled interfaces. The intent of providing access to a subset of employees is to provide effective customer support, to troubleshoot potential problems, to detect and respond to security incidents and implement data security. Employees and contractors are granted access by role, and reviews of high-risk privilege grants are initiated daily.
All employees are required to conduct themselves in a manner consistent with company guidelines, non-disclosure requirements, and ethical standards. b) Transmission Control In-transit: Ally makes HTTPS encryption (also referred to as SSL or TLS) available to protect customer data transmitted over the internet. Ally’s HTTPS implementation uses industry standard algorithms and certificates.
At-rest: Ally stores customer data following policies that follow industry standard practices for security. c) Input Control Logging: Ally designed its infrastructure to log extensive information about the system behavior, traffic received, system authentication, and other application requests. Ally personnel, including security, operations, and support personnel, are responsive to known incidents.
Response and tracking: Ally maintains a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected and confirmed security incidents are investigated by security, operations, or support personnel; and appropriate resolution steps are identified and documented. For any confirmed incidents, Ally will take appropriate steps to minimize product and customer damage or unauthorized disclosure.
Communication: If Ally becomes aware of unlawful access to customer data stored within its Services, Ally will: (1) notify the affected customers of the incident; (2) provide a description of the steps it is taking to resolve the incident; and (3) provide status updates to the customer contact, as Ally deems necessary. Notification(s) of incidents, if any, will be delivered to one or more of the customer’s contacts in a form Ally selects, which may include via email or telephone. d) Availability Control Infrastructure availability: The infrastructure providers use commercially reasonable efforts to ensure a minimum of 99.9% uptime.
Fault tolerance: Backup and replication strategies are designed to ensure redundancy and fail-over protections during a significant processing failure.
Online replicas and backups: Where feasible, production databases are designed to replicate data between no less than 1 primary and 1 secondary database. All databases are backed up and maintained using at least industry standard methods.
The production environment is monitored 24/7.
All databases are backed up and maintained using industry standard methods.
EEA Standard Contractual Clauses (Description of the Transfer)
A. LIST OF PARTIES
B. DESCRIPTION OF THE TRANSFER
C. COMPETENT SUPERVISORY AUTHORITY
The Supervisory Authority of the country where the Customer is established shall act as competent Supervisory Authority. If Customer is not established an EU member state: the Supervisory Authority of the EU member state in which the Customer has appointed a representative pursuant to Article 27(1) of the GDPR; or, if the Customer has not appointed such representative, the Supervisory Authority of an EU member state in which the Data Subjects are located.