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Google Ads Data Processing Terms
Google and the counterparty agreeing to these terms (“Customer”) have entered into an agreement for the provision of the Processor Services (as amended from time to time, the “Agreement”).
These Google Ads Data Processing Terms (including the appendices, “Data Processing Terms”) are entered into by Google and Customer and supplement the Agreement. These Data Processing Terms will be effective, and replace any previously applicable terms relating to their subject matter (including any data processing amendment or data processing addendum relating to the Processor Services), from the Terms Effective Date.
If you are accepting these Data Processing Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Data Processing Terms; (b) you have read and understand these Data Processing Terms; and (c) you agree, on behalf of Customer, to these Data Processing Terms. If you do not have the legal authority to bind Customer, please do not accept these Data Processing Terms.
1. Introduction
These Data Processing Terms reflect the parties’ agreement on the terms governing the processing and security of Customer Personal Data in connection with the Data Protection Legislation.
2. Definitions and Interpretation
2.1 In these Data Processing Terms:
“Additional Product” means a product, service or application provided by Google or a third party that: (a) is not part of the Processor Services; and (b) is accessible for use within the user interface of the Processor Services or is otherwise integrated with the Processor Services.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.
“Customer Personal Data” means personal data that is processed by Google on behalf of Customer in Google’s provision of the Processor Services.
“Data Incident” means a breach of Google’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by Google. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
“Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
“Data Subject Tool” means a tool (if any) made available by a Google Entity to data subjects that enables Google to respond directly and in a standardised manner to certain requests from data subjects in relation to Customer Personal Data (for example, online advertising settings or an opt-out browser plugin).
“EEA” means the European Economic Area.
“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.
“Google” means the Google Entity that is party to the Agreement.
“Google Affiliate Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).
“Google Entity” means Google LLC (formerly known as Google Inc.), Google Ireland Limited or any other Affiliate of Google LLC.
“ISO 27001 Certification” means ISO/IEC 27001:2013 certification or a comparable certification for the Processor Services.
“Notification Email Address” means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means provided by Google, to receive certain notifications from Google relating to these Data Processing Terms.
“Privacy Shield” means the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.
“Processor Services” means the applicable services listed at privacy.google.com/businesses/adsservices.
“Security Documentation” means the certificate issued for the ISO 27001 Certification and any other security certifications or documentation that Google may make available in respect of the Processor Services.
“Security Measures” has the meaning given in Section 7.1.1 (Google’s Security Measures).
“Subprocessors” means third parties authorised under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Processor Services and any related technical support.
“Term” means the period from the Terms Effective Date until the end of Google’s provision of the Processor Services under the Agreement.
“Terms Effective Date” means, as applicable:
(a) 25 May 2018, if Customer clicked to accept or the parties otherwise agreed to these Data Processing Terms before or on such date; or
(b) the date on which Customer clicked to accept or the parties otherwise agreed to these Data Processing Terms, if such date is after 25 May 2018.
“Third Party Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).
2.2 The terms “controller”, “data subject”, “personal data”, “processing”, “processor” and “supervisory authority” as used in these Data Processing Terms have the meanings given in the GDPR.
2.3 Any phrase introduced by the terms “including”, “include” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms. Any examples in these Data Processing Terms are illustrative and not the sole examples of a particular concept.
2.4 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
3. Duration of these Data Processing Terms
These Data Processing Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, remain in effect until, and automatically expire upon, deletion of all Customer Personal Data by Google as described in these Data Processing Terms.
4. Application of these Data Processing Terms
4.1 Application of Data Protection Legislation. These Data Processing Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Customer Personal Data, including if:
(a) the processing is in the context of the activities of an establishment of Customer in the EEA; and/or
(b) 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 or the monitoring of their behaviour in the EEA.
4.2 Application to Processor Services. These Data Processing Terms will only apply to the Processor Services for which the parties agreed to these Data Processing Terms (for example: (a) the Processor Services for which Customer clicked to accept these Data Processing Terms; or (b) if the Agreement incorporates these Data Processing Terms by reference, the Processor Services that are the subject of the Agreement).
5. Processing of Data
5.1 Roles and Regulatory Compliance; Authorisation.
5.1.1 Processor and Controller Responsibilities. The parties acknowledge and agree that:
(a) Appendix 1 describes the subject matter and details of the processing of Customer Personal Data;
(b) Google is a processor of Customer Personal Data under the Data Protection Legislation;
(c) Customer is a controller or processor, as applicable, of Customer Personal Data under the Data Protection Legislation; and
(d) each party will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Customer Personal Data.
5.1.2 Authorisation by Third Party Controller. If Customer is a processor, Customer warrants to Google that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of Google as another processor, have been authorised by the relevant controller.
5.2 Customer’s Instructions. By entering into these Data Processing Terms, Customer instructs Google to process Customer Personal Data only in accordance with applicable law: (a) to provide the Processor Services and any related technical support; (b) as further specified via Customer’s use of the Processor Services (including in the settings and other functionality of the Processor Services) and any related technical support; (c) as documented in the form of the Agreement, including these Data Processing Terms; and (d) as further documented in any other written instructions given by Customer and acknowledged by Google as constituting instructions for purposes of these Data Processing Terms.
5.3 Google’s Compliance with Instructions. Google will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which Google is subject requires other processing of Customer Personal Data by Google, in which case Google will inform Customer (unless that law prohibits Google from doing so on important grounds of public interest).
5.4 Additional Products. If Customer uses any Additional Product, the Processor Services may allow that Additional Product to access Customer Personal Data as required for the interoperation of the Additional Product with the Processor Services. For clarity, these Data Processing Terms do not apply to the processing of personal data in connection with the provision of any Additional Product used by Customer, including personal data transmitted to or from that Additional Product.
6. Data Deletion
6.1 Deletion During Term.
6.1.1 Processor Services With Deletion Functionality. During the Term, if:
(a) the functionality of the Processor Services includes the option for Customer to delete Customer Personal Data;
(b) Customer uses the Processor Services to delete certain Customer Personal Data; and
(c) the deleted Customer Personal Data cannot be recovered by Customer (for example, from the “trash”),
then Google will delete such Customer Personal Data from its systems as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
6.1.2 Processor Services Without Deletion Functionality. During the Term, if the functionality of the Processor Services does not include the option for Customer to delete Customer Personal Data, then Google will comply with:
(a) any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Processor Services and unless EU or EU Member State law requires storage; and
(b) the data retention practices described at www.google.com/policies/technologies/ads.
Google may charge a fee (based on Google’s reasonable costs) for any data deletion under Section 6.1.2(a). Google will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.
6.2 Deletion on Term Expiry. On expiry of the Term, Customer instructs Google to delete all Customer Personal Data (including existing copies) from Google’s systems in accordance with applicable law. Google will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
7. Data Security
7.1 Google’s Security Measures and Assistance.
7.1.1 Google’s Security Measures. Google will implement and maintain technical and organisational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as described in Appendix 2 (the “Security Measures”). As described in Appendix 2, the Security Measures include measures: (a) to encrypt personal data; (b) to help ensure the ongoing confidentiality, integrity, availability and resilience of Google’s systems and services; (c) to help restore timely access to personal data following an incident; and (d) for regular testing of effectiveness. Google may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.
7.1.2 Security Compliance by Google Staff. Google will 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, including ensuring that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.1.3 Google’s Security Assistance. Customer agrees that Google will (taking into account the nature of the processing of Customer Personal Data and the information available to Google) assist Customer in ensuring compliance with any obligations of Customer in respect of security of personal data and personal data breaches, including (if applicable) Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:
(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Google’s Security Measures);
(b) complying with the terms of Section 7.2 (Data Incidents); and
(c) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in these Data Processing Terms.
7.2 Data Incidents.
7.2.1 Incident Notification. If Google becomes aware of a Data Incident, Google will: (a) notify Customer of the Data Incident promptly and without undue delay; and (b) promptly take reasonable steps to minimise harm and secure Customer Personal Data.
7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Google recommends Customer take to address the Data Incident.
7.2.3 Delivery of Notification. Google will deliver its notification of any Data Incident to the Notification Email Address or, at Google’s discretion (including if Customer has not provided a Notification Email Address), by other direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for providing the Notification Email Address and ensuring that the Notification Email Address is current and valid.
7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.
7.2.5 No Acknowledgement of Fault by Google. Google’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Google 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. Customer agrees that, without prejudice to Google’s obligations under Sections 7.1 (Google’s Security Measures and Assistance) and 7.2 (Data Incidents):
(a) Customer is solely responsible for its use of the Processor Services, including:
(i) making appropriate use of the Processor Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and
(ii) securing the account authentication credentials, systems and devices Customer uses to access the Processor Services; and
(b) Google has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Google’s and its Subprocessors’ systems.
7.3.2 Customer’s Security Assessment. Customer acknowledges and agrees that (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) the Security Measures implemented and maintained by Google as set out in Section 7.1.1 (Google’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.
7.4 Security Certification. To evaluate and help ensure the continued effectiveness of the Security Measures, Google will maintain the ISO 27001 Certification.
7.5 Reviews and Audits of Compliance.
7.5.1 Reviews of Security Documentation. To demonstrate compliance by Google with its obligations under these Data Processing Terms, Google will make the Security Documentation available for review by Customer.
7.5.2 Customer’s Audit Rights.
(a) Google will allow Customer or a third party auditor appointed by Customer to conduct audits (including inspections) to verify Google’s compliance with its obligations under these Data Processing Terms in accordance with Section 7.5.3 (Additional Business Terms for Audits). Google will contribute to such audits as described in Section 7.4 (Security Certification) and this Section 7.5 (Reviews and Audits of Compliance).
(b) Customer may also conduct an audit to verify Google’s compliance with its obligations under these Data Processing Terms by reviewing the certificate issued for the ISO 27001 Certification (which reflects the outcome of an audit conducted by a third party auditor).
7.5.3 Additional Business Terms for Audits.
(a) Customer will send any request for an audit under Section 7.5.2(a) to Google as described in Section 12.1 (Contacting Google).
(b) Following receipt by Google of a request under Section 7.5.3(a), Google and Customer will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, any audit under Section 7.5.2(a).
(c) Google may charge a fee (based on Google’s reasonable costs) for any audit under Section 7.5.2(a). Google 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 third party auditor appointed by Customer to execute any such audit.
(d) Google may object to any third party auditor appointed by Customer to conduct any audit under Section 7.5.2(a) if the auditor is, in Google’s reasonable opinion, not suitably qualified or independent, a competitor of Google or otherwise manifestly unsuitable. Any such objection by Google will require Customer to appoint another auditor or conduct the audit itself.
(e) Nothing in these Data Processing Terms will require Google either to disclose to Customer or its third party auditor, or to allow Customer or its third party auditor to access:
(i) any data of any other customer of a Google Entity;
(ii) any Google Entity’s internal accounting or financial information;
(iii) any trade secret of a Google Entity;
(iv) any information that, in Google’s reasonable opinion, could: (A) compromise the security of any Google Entity’s systems or premises; or (B) cause any Google Entity to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or any third party; or
(v) any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfilment of Customer’s obligations under the Data Protection Legislation.
8. Impact Assessments and Consultations
Customer agrees that Google will (taking into account the nature of the processing and the information available to Google) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to 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 these Data Processing Terms; and
(c) providing or otherwise making available, in accordance with Google’s standard practices, other materials concerning the nature of the Processor Services and the processing of Customer Personal Data (for example, help centre materials).
9. Data Subject Rights
9.1 Responses to Data Subject Requests. If Google receives a request from a data subject in relation to Customer Personal Data, Google will:
(a) if the request is made via a Data Subject Tool, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Tool; or
(b) if the request is not made via a Data Subject Tool, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.
9.2 Google’s Data Subject Request Assistance. Customer agrees that Google will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:
(a) providing the functionality of the Processor Services;
(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and
(c) if applicable to the Processor Services, making available Data Subject Tools.
10. Data Transfers
10.1 Data Storage and Processing Facilities. Customer agrees that Google may, subject to Section 10.2 (Transfers of Data Out of the EEA and Switzerland), store and process Customer Personal Data in the United States of America and any other country in which Google or any of its Subprocessors maintains facilities.
10.2 Transfers of Data Out of the EEA and Switzerland. Google will ensure that:
(a) the parent company of the Google group, Google LLC, remains self-certified under Privacy Shield on behalf of itself and its wholly-owned U.S. subsidiaries; and
(b) the scope of Google LLC’s Privacy Shield certification includes Customer Personal Data.
10.3 Data Centre Information. Information about the locations of Google data centres is available at www.google.com/about/datacenters/inside/locations/index.html.
11. Subprocessors
11.1 Consent to Subprocessor Engagement. Customer specifically authorises the engagement of Google’s Affiliates as Subprocessors (“Google Affiliate Subprocessors”). In addition, Customer generally authorises the engagement of any other third parties as Subprocessors (“Third Party Subprocessors”).
11.2 Information about Subprocessors. Information about Subprocessors is available at privacy.google.com/businesses/subprocessors.
11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, Google will:
(a) ensure via a written contract that:
(i) the Subprocessor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms) and Privacy Shield; and
(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR 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) When any new Third Party Subprocessor is engaged during the Term, Google will, at least 30 days before the new Third Party Subprocessor processes any Customer Personal Data, inform Customer of the engagement (including the name and location of the relevant subprocessor and the activities it will perform) by sending an email to the Notification Email Address.
(b) Customer may object to any new Third Party Subprocessor by terminating the Agreement immediately upon written notice to Google, on condition that Customer provides such notice within 90 days of being informed of the engagement of the new Third Party Subprocessor as described in Section 11.4(a). This termination right is Customer’s sole and exclusive remedy if Customer objects to any new Third Party Subprocessor.
12. Contacting Google; Processing Records
12.1 Contacting Google. Customer may contact Google in relation to the exercise of its rights under these Data Processing Terms via the methods described at privacy.google.com/businesses/processorsupport or via such other means as may be provided by Google from time to time.
12.2 Google’s Processing Records. Customer acknowledges that Google is required under the GDPR to: (a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Google is acting and (if applicable) of such processor’s or controller’s local representative and data protection officer; and (b) make such information available to the supervisory authorities. Accordingly, Customer will, where requested and as applicable to Customer, provide such information to Google via the user interface of the Processor Services or via such other means as may be provided by Google, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.
13. Liability
If the Agreement is governed by the laws of:
(a) a state of the United States of America, then, notwithstanding anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of indemnification claims from the Agreement’s limitation of liability will not apply to indemnification claims under the Agreement relating to the Data Protection Legislation); or
(b) a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Data Processing Terms will be subject to the exclusions and limitations of liability in the Agreement.
14. Effect of these Data Processing Terms
If there is any conflict or inconsistency between the terms of these Data Processing Terms and the remainder of the Agreement, the terms of these Data Processing Terms will govern. Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.
15. Changes to these Data Processing Terms
15.1 Changes to URLs. From time to time, Google may change any URL referenced in these Data Processing Terms and the content at any such URL. Google may only change the list of potential Processor Services at privacy.google.com/businesses/adsservices:
(a) to reflect a change to the name of a service;
(b) to add a new service; or
(c) to remove a service where either: (i) all contracts for the provision of that service are terminated; or (ii) Google has Customer’s consent.
15.2 Changes to Data Processing Terms. Google may change these Data Processing Terms if the change:
(a) is expressly permitted by these Data Processing Terms, including as described in Section 15.1 (Changes to URLs);
(b) reflects a change in the name or form of a legal entity;
(c) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or
(d) does not: (i) result in a degradation of the overall security of the Processor Services; (ii) expand the scope of, or remove any restrictions on, Google’s processing of Customer Personal Data, as described in Section 5.3 (Google’s Compliance with Instructions); and (iii) otherwise have a material adverse impact on Customer’s rights under these Data Processing Terms, as reasonably determined by Google.
15.3Notification of Changes. If Google intends to change these Data Processing Terms under Section 15.2(c) or (d), Google will inform Customer at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect by either: (a) sending an email to the Notification Email Address; or (b) alerting Customer via the user interface for the Processor Services. If Customer objects to any such change, Customer may terminate the Agreement by giving written notice to Google within 90 days of being informed by Google of the change.
Appendix 1: Subject Matter and Details of the Data Processing
Subject Matter
Google’s provision of the Processor Services and any related technical support to Customer.
Duration of the Processing
The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by Google in accordance with these Data Processing Terms.
Nature and Purpose of the Processing
Google will process (including, as applicable to the Processor Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organising, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Processor Services and any related technical support to Customer in accordance with these Data Processing Terms.
Types of Personal Data
Customer Personal Data may include the types of personal data described at privacy.google.com/businesses/adsservices.
Categories of Data Subjects
Customer Personal Data will concern the following categories of data subjects:
- data subjects about whom Google collects personal data in its provision of the Processor Services; and/or
- data subjects about whom personal data is transferred to Google in connection with the Processor Services by, at the direction of, or on behalf of Customer.
Depending on the nature of the Processor Services, these data subjects may include individuals: (a) to whom online advertising has been, or will be, directed; (b) who have visited specific websites or applications in respect of which Google provides the Processor Services; and/or (c) who are customers or users of Customer’s products or services.
Appendix 2: Security Measures
As from the Terms Effective Date, Google will implement and maintain the Security Measures set out in this Appendix 2. Google may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.
1. Data Centre & Network Security
(a) Data Centres.
Infrastructure. Google maintains geographically distributed data centres. Google stores all production data in physically secure data centres.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimise the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Processor Services are designed to allow Google to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data centre equipment is scheduled through a standard process according to documented procedures.
Power. The data centre electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, and 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data centre. Backup power is provided by various mechanisms such as uninterruptible power supply (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 the data centre, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data centre at full capacity typically for a period of days.
Server Operating Systems. Google servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. Google employs a code review process to increase the security of the code used to provide the Processor Services and enhance the security products in production environments.
Businesses Continuity. Google replicates data over multiple systems to help to protect against accidental destruction or loss. Google has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
(b) Networks & Transmission.
Data Transmission. Data centres are typically connected via high-speed private links to provide secure and fast data transfer between data centres. This is designed to prevent data from being read, copied, altered or removed without authorisation during electronic transfer or transport or while being recorded onto data storage media. Google transfers data via Internet standard protocols.
External Attack Surface. Google employs multiple layers of network devices and intrusion detection to protect its external attack surface. Google 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. Google’s intrusion detection involves:
1. Tightly controlling the size and make-up of Google’s attack surface through preventative measures;
2. Employing intelligent detection controls at data entry points; and
3. Employing technologies that automatically remedy certain dangerous situations.
Incident Response. Google monitors a variety of communication channels for security incidents, and Google’s security personnel will react promptly to known incidents.
Encryption Technologies. Google makes HTTPS encryption (also referred to as SSL or TLS connection) available. Google 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 minimise the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
(a) Site Controls.
On-site Data Centre Security Operation. Google’s data centres maintain an on-site security operation responsible for all physical data centre security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor Closed Circuit TV (“CCTV”) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data centre regularly.
Data Centre Access Procedures. Google maintains formal access procedures for allowing physical access to the data centres. The data centres are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data centre are required to identify themselves as well as show proof of identity to on-site security operations. Only authorised employees, contractors and visitors are allowed entry to the data centres. Only authorised employees and contractors are permitted to request electronic card key access to these facilities. Data centre electronic card key access requests must be made in advance and in writing, and require the approval of the requestor’s manager and the data centre director. All other entrants requiring temporary data centre access must: (i) obtain approval in advance from the data centre managers for the specific data centre and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data centre access record identifying the individual as approved.
On-site Data Centre Security Devices. Google’s data centres employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorised activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorised access throughout the business operations and data centres is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centres are alarmed. CCTV cameras are in operation both inside and outside the data centres. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data centre building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centres connect the CCTV equipment. Cameras record on-site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for at least 7 days based on activity.
(b) Access Control.
Infrastructure Security Personnel. Google has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Google’s infrastructure security personnel are responsible for the ongoing monitoring of Google’s security infrastructure, the review of the Processor Services, and responding to security incidents.
Access Control and Privilege Management. Customer’s administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Processor Services.
Internal Data Access Processes and Policies – Access Policy. Google’s internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. Google aims to design its systems to: (i) only allow authorised persons to access data they are authorised to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access. Google employs a centralised access management system to control personnel access to production servers, and only provides access to a limited number of authorised personnel. LDAP, Kerberos and a proprietary system utilising SSH certificates are designed to provide Google with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Google requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimise the potential for unauthorised account use. The granting or modification of access rights is based on: the authorised personnel’s job responsibilities; job duty requirements necessary to perform authorised tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Google’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. 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 & Authentication.
Google stores data in a multi-tenant environment on Google-owned servers. Data, the Processor Services database and file system architecture are replicated between multiple geographically dispersed data centres. Google logically isolates each customer’s data. A central authentication system is used across all Processor Services to increase uniform security of data.(b) Decommissioned Disks and Disk Destruction Guidelines.
Certain 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 “Data Destruction Guidelines”) before leaving Google’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. 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. Each facility is audited regularly to monitor compliance with the Data Destruction Guidelines.
4. Personnel Security
Google personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Google conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.
Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Google’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role. Google’s personnel will not process Customer Personal Data without authorisation.
5. Subprocessor Security
Before onboarding Subprocessors, Google 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 Google has assessed the risks presented by the Subprocessor then, subject always to the requirements set out in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.
Google Ads Data Processing Terms, Version 1.2
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Le règlement général de l’UE sur la protection des données
Le nouveau Règlement européen sur la protection des données (RGPD) est entré en vigueur le 25 mai 2018 dans toute l’Union européenne (UE). Il peut être directement applicable à tous les acteurs actifs sur le territoire de l’Union européenne. Les nouvelles règles consistent à donner aux citoyens plus de contrôle sur leurs données personnelles, à responsabiliser davantage les entreprises tout en réduisant leurs charges déclaratives et à renforcer le rôle des autorités de protection des données. Ce texte a des répercussions directes sur un grand nombre d’entreprises suisses.
Le RGPD de l’UE et ses conséquences sur la Suisse (PDF, 816 kB, 24.07.2018)
L’EDPB a rendu public, le 23 novembre 2018, ses lignes directrices sur le champ d’application du RGPD («Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)», en anglais). Ces lignes directrices font l’objet d’une consultation publique jusqu’au 18 janvier 2019, consultation à l’issue de laquelle elles pourront faire l’objet d’aménagements.
Lignes directrices sur le champ d’application du RGPD.
Note explicative du DFJP relative à l’obligation de notifier une violation de données à caractère personnel en vertu de l’art. 33 RGPD.
Obligation de notifier une violation de données
Outils pratiques des autorités de protection des données
Comité Européen de la Protection des Données (CEPD)Les lignes directrices du CEPD clarifient et illustrent d’exemples concrets le RGPD.
Guide pratique pour les entreprisesLa CNIL et Bpifrance s’associent pour accompagner les TPE et PME dans leur appropriation du Règlement européen sur la protection des données.
Registre des activités de traitementExplications et modèle de la CNIL
« Désignez en ligne votre DPO auprès de la CNIL »Téléservice qui permet aux entreprises, organismes publics et associations de désigner auprès de la CNIL un délégué à la protection des données (DPO), acteur majeur RGPD
Outil PIA de la CNILOutil mis à disposition par la CNIL afin de faciliter et accompagner la conduite d’une analyse d’impact relative à la protection des données
Vade-mecum pour les PMEBrochure de l’autorité belge pour aider les PME à se conformer au RGPD
Violations de données à caractère personnel Page dédiée aux notifications de sécurité comprenant un formulaire téléchargeable de l’autorité luxembourgeoise de la protection des données
Autres outils pratiques
Guide pratique pour les institutions publiques genevoisesAvis de droit rédigé par l’Etude Capt & Wyss à la demande du Préposé genevois pour guider les institutions publiques genevoises s’agissant du RGPD et de son impact
Privacy Policy
Privacy Policy for WP Google Maps
This Privacy Policy covers Code Cabin and brand representative, WP Google Maps’, treatment of information acquired or collected from you, the site visitor or User, reasoning and means of doing so, by Code Cabin, brand representatives, third-party partners or other reasonable means that arise during the course of normal interaction. Our Privacy Policy does not apply to entities outside of Code Cabin and brand representatives, nor to agents, organization extensions or end-users not owned or controlled by Code Cabin, nor persons not controlled nor manage by Code Cabin. Notwithstanding the Privacy Terms above, Code Cabin and brand representatives undertake to maintain your privacy when working with third parties. Code Cabin and WP Google Maps is committed to protecting the data you share with us.
This Privacy Policy will further inform you about your rights and choices with respect to your Personal Information, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices.
All terms not defined in this Privacy Policy, can be found in our updated Terms and Conditions.
Quickview
- Collection and Use
- Personal Information in terms of this Policy
- Data Processing in terms of this Policy
- Consent
- Information Received or Collected
- Data Submitted on Our Website
- Data submitted via Live Chat
- Data Submitted via Form Entry
- Data submitted upon purchase
- Personal Data attached to Subscriber Lists
- GDPR Implication for Users of the WPGM Plugin
- Your Data Shared and Disclosed
- Statistical Information
- Data Integrity
- Data Security
- Cookies
- Children
- Rights of Data Subjects
- Timelines
- Breach Notifications
- Amendments to this Policy
- In a Nutshell
- How to get in touch with us
- Data Submitted on Our Website
Collection and Use
Personal Information
For the purposes of this Policy, ‘Personal Information’ is regarded and relates to personally identifiable information of natural or juristic persons. Natural persons can be identified, whether directly or indirectly, by identification number or factors specific to his/her physical, mental, economical, social or cultural identity, including factors such as name, location or online identifier.
Notwithstanding the exceptions in terms of this Policy, Code Cabin and brand representative, WP Google Maps (hereafter WPGM) will not sell, rent or loan any Personal Information to third parties. Code Cabin and WPGM is committed to protecting the data you share with us.
Data Processing
Code Cabin and WPGM may receive or collect personally identifiable information (“Personal Information”) from you via interaction in regards to or by way of utilizing Our Product. By voluntarily providing Code Cabin and brand representatives with Personal Information, you thereby submit that you are the owner of said information or are otherwise authorized to disclose or provide it to Code Cabin and WPGM. You further submit consent to the collection of such Personal Information by Code Cabin and WPGM in accordance with our Privacy Policy further set out below. You agree and acknowledge that communication with Code Cabin and WPGM or communication via/in regards to Our Product will result in the transfer of Personal Data/information, as consented, whether locally or globally, and that Code Cabin and WPGM will process this data in adherence to the GDPR (General Data Protection Regulation). You further submit and consent to certain Personal Information being transferred to the servers and databases of Code Cabin and WPGM for storage and processing in terms of this Policy. You submit to understanding that certain jurisdictions in certain countries govern privacy and data security laws in their respective manners, according to which the your Personal Data may be collected, used, stored and/or disclosed.
Consent
Code Cabin and WPGM relies on your consent for data processing purposes. The GDPR (General Data Protection Regulation) defines consent as “…freely given, specific, informed…, a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data…”.
Code Cabin and WPGM provides for granular consent processes in each instance where personally identifiable data is processed. We support the spirit and aim of data protection proposed by the GDPR, and endeavouring to affect Privacy by Design.
Information received/collected
Subject to this Policy, in the course of utilizing Our Product or by way of communications with Code Cabin and WPGM, the following information may be collected and/or received per consent by you, the User or website visitor:
– Email address.
– Personal information, including name and surname.
– Contact information, including email address and social profiles.
– Business information, including company profiles, social profiles, websites, company name and address.
– Account information, including the use of third party services.
– Data, including use and access to Our Product and information submitted in regards to the use of Our Product.
Data submitted on our Website (https://www.wpgmaps.com/)
Data Submitted via Live Chat Box
In order better communicate with our customer or potential customers, WPGM hosts a live chat box on its site (https://www.wpgmaps.com/). If you, as website visitor, choose to get in touch with our agents via this Live Chat box, you must first consent to your data being processed for support/chat related purposes. Consent is verified by means of a check box and a notice (live chat consent clause) stipulating our data retention period. Based on this consent, WPGM may receive your name and email and information relating to your browser, operating system, type (new or returning visitor) and visiting page url. The latter information is utilized for enhanced support provision. Once this chat data has been processed, it is stored on WPGM’s site database for the period specified in the live chat consent clause but may be requested, rectified or erased on your request, at any time.
Data Submitted via Form Entry
Any data submitted to Code Cabin and WPGM by means of our contact form, is reserved for specific product support and query related purposes. If you choose to get in touch with our agents via this form, you must first consent to your data being processed. Consent is verified by means of a check box and a notice stipulating the details of the data controller (Code Cabin and WPGM) and the data retention period. Based on this consent, Code Cabin and WPGM may receive your name, email address and website url and information relating to the support query. This information is processed and stored on our internal support desk (not a third-party service, thereby providing an additional safety measure) and is retained for as long as reasonably required to act as reference for returning queries. You will be prompted to consent to the retention of you data for a reasonably required period. Only acting support agents of Code Cabin and WPGM will have access to said information, subject to the signing of a confidentiality agreement. Your information may be requested, rectified or erased upon request, at any time.
Data submitted upon purchase
For completion of purchase Users of WPGM are required to submit information such as a name and email address for receipt of Our Product and to create an account via which the purchase of said product is verified. By voluntarily providing us with Account information, the User submits that he is the owner of the information provided or are otherwise authorized to provide it to Code Cabin and WPGM. This information, along with your transaction ID, is kept as reference to your opened account for as long as reasonably required. So as to give effect to the right of access to held information in terms of the GDPR, WPGM has provided for a GDPR Actions page. From here, you may view, download, rectify or erase your data. [Erasure of data comes with a stern warning that this terminates the license held by the User, as this is unchangeably attached to your personally identifiable data]. Code Cabin and WPGM in no way endeavours to make consent a condition of using our service, however, we require consent, as per regulation, to process your Personal Data and attach purchased licenses to it.
Code Cabin and WPGM further promoted the protection of your data by making use of payment solutions Stripe and PayPal, who also demonstrate compliance with the GDPR and have strict data protection measures in place.
Personal Data attached to Subscriber Lists
Such information is created, inputted, submitted, posted, transmitted, stored or displayed by you.
The collection of this data is on a strictly consensual basis for the purpose of rendering service in relation to Our Product or communicating marketing material. Information communicated may consist of notifications of new releases, updates, versions, changes, upgrades and/or future prospects. Code Cabin and WPGM will only communicate information reasonably relevant to the purpose of list subscriptions or information we reasonably believe will fall in your interest.
Furthermore, our newsletter campaigns will provide you with the needed information required by regulation: why we are emailing you, your previous consent and subscription and a clear option to opt out.
Code Cabin and WPGM will not communicate marketing information to you unless you have duly consented by subscribing to our newsletter lists. Code Cabin and WPGM do not generate automatic lists based on User or site visitors actions and where previously collected in this fashion, subscribers were prompted to re-subscribe and so confirm their consent.
You, as subscriber, may opt out of all subscriptions at any time.
GDPR Implication for Users of the WPGM Plugin
The use of WPGM’s Basic or Paid plugin in no way collects or stores personally identifiable data from site visitors. Markers added voluntarily by the User’s site visitors, can be removed at any time.
Our quick guide to GDPR compliance can be found here.
Your Data Shared and Disclosed
Code Cabin and WPGM may share your Personal Data only in exceptional, limited circumstances as listed below:
- After you have consented to such action, and:
- In terms of certain business-related functions, such as functions regarding the maintenance of our databases, processing of payments or otherwise providing necessary software, storage or networking facilities to so effectively operate and manage Our Product.
- If, in bona fide spirit, it is reasonably necessary to:
- Satisfy law, regulation, legal provision or process or governmental request, assistance of investigation into the violations of this Policy, including fraud and theft and ultimately the protection of data and information of all Users and site visitors.
In circumstances as mentioned above, Code Cabin and WPGM will ensure that any third party to whom information is necessary to be disclosed, will adhere to the obligations no less protective of the User or site visitors’ information, than this Privacy Policy.
Statistical Information
Code Cabin and WPGM undertake to apply discretion and caution when disclosing information for statistical purposes, so as to guard against disclosing any information by which you can be identified personally by any means whatsoever.
Data Integrity
Employees, agents, officers and end-users within or outside of Code Cabin and WPGM will be given access to information they need to know only. Code Cabin and brand representatives undertake to not disclose Personal Data where not reasonably necessary or reasoned. Code Cabin and WPGM will take all appropriate legal, organizational and technical measures to protect the Personal Data of Users, site visitors, employees, agents, officers and end-users within or outside of Code Cabin and brand representatives with access to Personal Data will be held responsible for any privacy violations in terms of this Policy and, where appropriate, institute terminations of contracts and employment.
Notwithstanding the terms of this Policy set out above, you submits that Code Cabin and WPGM may share public information and anonymized aggregated data when involved in a merger, acquisition or sale of company. You further submits by consenting to our data processing, that Code Cabin and brand representatives may retain Personal Information in back-ups for a reasonable period of time, even after termination of the relationship between the latter party and the User or site visitor, unless erasure is otherwise requested. Upon request, Code Cabin and WPGM will delete, correct and/or block any Personal Information from further use and processing, unless restricted by law.
All Personal Information collected and processed is reviewed to ensure that Code Cabin and WPGM only store data needed to provide or improve Our Product. Reasonable steps are taken to ensure that Personal Information processed is accurate, complete and current. The User submits and has the right to provide Code Cabin and WPGM with relevant information and so update their profiles if and when information changes.
Security
Code Cabin and brand representatives take reasonable steps to protect Personal Information from loss, misuse, disclosure, alteration or destruction. However, the Users submits, by using Our Product, that he understands the risks associated with transmitting data.
Cookies
WPGM does not make use of any cookies to store personally identifiable data.
Children
Children under the age of 18 are not to submit any Personal Information through or in relation to our service. Parents and guardians are called upon to help enforce this policy. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.
Rights of Data Subjects
If you decide, at any time, that you no longer wish to receive marketing communications from Code Cabin and WPGM, please visit our opt out page. You may also email us by sending your request to gdpr@wpgmaps.com. Please note, however, that even after you opt out from receiving marketing material, you may continue to receive essential product information.
Code Cabin and WPGM recognizes your right to request access and receive information about the Personal Information we hold, to update and rectify incomplete or inaccurate information, to restrict or object to the processing of your Personal Data, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Data to another company. Furthermore, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.
To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us at gdpr@wpgmaps.com or submit a request here.
Timelines
Code Cabin and WPGM have ensured that certain processes are in place to meet a request of access, rectification, objection, erasure and opt-out is processed without undue delay and within the period of one (1) month.
Breach Notifications
Code Cabin and brand representatives will notify the relevant Users of any data breached within 72 hours of discovery and without undue delay.
Amendments to this Policy
- Code Cabin and brand representatives reserve the right to amend any of the above Policy, as and when needed so. The User submits to update his knowledge of our Privacy Policy on a regular basis and so abide by them. Our failure to enforce, at any time, any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Policy.
- Should any provision/s in this Policy be held as invalid by a court of law, such provision/s shall be modified and thereafter interpreted so as to best accomplish the initial, now replaced provision to the fullest extent permitted by law; the remaining provisions shall remain unaffected.
In a Nutshell – TL;DR
- Code Cabin and WP Google Maps is committed to protecting the data you share with us.
- Code Cabin and brand representatives rely on the consent of Users and site visitors, or users who otherwise get in touch with us for product related queries, for data processing purposes.
- We have granular consent processes in place for every instance and separate purpose of data processing.
- Information/data held by WP Google Maps may be request, rectified or erased at any time.
- WP Google Maps will only send you marketing material upon your consent, which may be withdrawn at any time.
- WP Google Maps takes reasonables measure to ensure the integrity and security of your data.
- Code Cabin and WP Google Maps acknowledges the right of our Users and site visitors in terms of the General Data Protection Regulation (GDPR).
- The retention and sharing of your Personal Information is regulated in terms of the GDPR.
- Our quick guide to GDPR compliance can be found here.
