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.

“Additional Terms for Non-European Data Protection Legislation” means the additional terms referred to in Appendix 3, which reflect the parties’ agreement on the terms governing the processing of certain data in connection with certain Non-European Data Protection Legislation.

“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 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.

“EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

“European Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

“European or National Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).

“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

“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.

“Non-European Data Protection Legislation” means data protection or privacy laws in force outside the EEA, Switzerland and the UK.

“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, the Swiss-U.S. Privacy Shield legal framework, and any equivalent legal framework that may apply between the UK and the United States.

“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.

“Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.

“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:

“Third Party Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).

“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.

2.2 The terms “controller”, “data subject”, “personal data”, “processing”, and “processor” as used in these Data Processing Terms have the meanings given in the GDPR.

2.3 The words “include” and “including” mean “including but not limited to”. 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.

2.5 If these Data Processing Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

4.1 Application of European Data Protection Legislation. Sections 5 (Processing of Data) to 12 (Contacting Google; Processing Records) (inclusive) will only apply to the extent that the European Data Protection Legislation applies to the processing of Customer Personal Data, including if:

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).

4.3 Incorporation of Additional Terms for Non-European Data Protection Legislation. The Additional Terms for Non-European Data Protection Legislation supplement these Data Processing Terms.

5.1 Roles and Regulatory Compliance; Authorisation.

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 European or National Laws to which Google is subject require other processing of Customer Personal Data by Google, in which case Google will inform Customer (unless any such 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.

6.1 Deletion During Term.

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 European or National Laws require storage.

7.1 Google’s Security Measures and Assistance.

7.2 Data Incidents.

7.3 Customer’s Security Responsibilities and Assessment.

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.

(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).

9.1 Responses to Data Subject Requests. If Google receives a request from a data subject in relation to Customer Personal Data, Google will:

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:

10.1 Data Storage and Processing Facilities. Customer agrees that Google may, subject to Section 10.2 (Transfers of Data), 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. Google will ensure that:

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 .

11.1 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:

11.4 Opportunity to Object to Subprocessor Changes.

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 any Supervisory Authority. 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.

(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 European Data Protection Legislation or the Non-European 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.

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 :

15.2 Changes to Data Processing Terms. Google may change these Data Processing Terms if the change:

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.

(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:

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.

(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.

(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.