Customer EU Data Processing Addendum

Last Updated:

July 10th, 2018.

This Data Processing Addendum ("DPA"), dated as of July 10, 2018 (the "Effective Date"), is made to and a part of the general contract and relationship under the Terms of Service (and any and all other agreements governing our Services) as amended and supplemented from time to time (the "Agreement"), by and between you ("Customer") and GoFastHost ("Company"). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

Definitions

• "Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
• "Agreement" has the meaning set forth in the introductory section
• "Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" will be construed accordingly.
• "Controller" means an entity that determines the purposes and means of the processing of Personal Data.
• "Customer Data" means any Personal Data that Company Processes on behalf of Customer in the course of providing Services.
• "Data Protection Laws" means all effective data protection and privacy laws applicable to the Processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
• "EU Data Protection Law" means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive"); (ii) on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation, or "GDPR").
• "EEA" means, for the purposes of this DPA, the European Economic Area, United Kingdom and Switzerland.
• "Model Clauses" means the Standard Contractual Clauses for Processors as approved by the European Commission in the form set out in Schedule B.
• "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• "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.
• "Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. "Process", "Processes" and "Processed" will be construed accordingly.
• "Processor" means an entity that processes Personal Data on behalf of a Controller.
• "Services" means any product or service provided by Company to Customer pursuant to the Agreement.
• "Sub-processor" means a third party engaged by Company to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA.

1. Scope of this DPA

This DPA applies where and only to the extent that Company Processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing Services to the Customer pursuant to the Agreement.

2. Roles and Scope of Processing

Role of the Parties. As between Company and Customer, Customer is the Controller of Customer Data, and Company shall Process Customer Data only as a Processor acting on behalf of Customer.

Customer Processing of Customer Data. Customer agrees that (i) it will comply with its obligations as a Controller under Data Protection Laws in respect of its Processing of Customer Data and any Processing instructions it issues to Company; and (ii) it has provided notice and obtained (or will obtain) all consents and rights necessary under Data Protection Laws for Company to Process Customer Data pursuant to the Agreement and this DPA.

Company Processing of Customer Data. Company will Process Customer Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to Company in relation to the Processing of Customer Data and Processing outside the scope of these instructions (if any) will require prior written agreement between Customer and Company.

Details of Processing

1. Subject matter: The subject matter of the Processing under this DPA is the Customer Data.
2. Duration: As between Company and Customer, the duration of the Processing under this DPA is until the termination of the Agreement in accordance with its terms.
3. Purpose and Nature: The purpose and nature of the Processing under this DPA is the provision of the Services to the Customer and the performance of Company's obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
4. Categories of Data SubjectsCustomer may upload Personal Data while utilizing the Services, the extent to which may be determined and controlled by Customer. This may include, but is not limited to:
   1. Customer’s prospects, customers, business partners, vendors, or third parties (who are natural persons);
   2. Customer’s employees, agents, advisors, third parties, and freelancers
   3. Employees or affiliated persons of (1) above
   4. Customer’s authorized users of the Services
5. Types of Personal Data: Customer may upload Personal Data while utilizing the Services, the extent to which may be determined and controlled by Customer. This may include, but is not limited to, the following categories:

   Name, Address, Phone number, Date of Birth, Email, and other data that may directly or indirectly identify Customer.

Exceptions. Notwithstanding anything to the contrary in the Agreement (including this DPA), the Customer acknowledges that Company shall have a right to use and disclose data relating to the operation, support and/or use of the Services for its legitimate business purposes such as billing, account management, technical support, product development and sales and marketing. To the extent any such data used solely for Company’s business purposes is considered Personal Data under Data Protection Laws, Company is the Controller of such data and accordingly warrants that it shall process such data in accordance with the Company Privacy Policy and Data Protection Laws.

3. Sub-processing

Authorized Sub-processors. Customer agrees that Company may engage Sub-processors to process Customer Data on Customer's behalf. The Sub-processors currently engaged by Company and authorized by Customer can be accessed in the GoFastHost Control Panel on the “Billing & Account” tab, under the “Privacy Settings” subtab.

Sub-processor Obligations. Company will: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause Company to breach any of its obligations under this DPA.

Changes to Sub-processors. Company shall provide updates to the list of authorized Sub-processors in the customer Panel page. The page will reflect the “last updated” date at all times, and Customer will receive email notifications of changes. If Customer does not approve of a new Sub-processor after receiving notice of such addition, then Customer may terminate the Services via written notice that includes an explanation of why Customer does not approve of the new Sub-processor.

4. Security

Updates to Security Measures. Customer is responsible for reviewing the information made available by Company relating to data security and making an independent determination as to whether the Services meet Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Company 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 Services purchased by the Customer.

Personnel. Company will ensure that any person who is authorized by Company to Process Customer Data (including its staff, agents and authorized Sub-processors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty). Further, Company shall take steps to ensure that any person who is authorized by Company to have access to Customer Data does not Process such data except on instructions from Customer, unless such person is required to Process such data by applicable EU Data Protection Law.

Customer Responsibilities Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Services.

Personal Data Breach Response. Upon becoming aware of a Personal Data Breach, Company shall notify Customer without undue delay and will provide timely information relating to the Personal Data Breach as it becomes known or as is reasonably requested by Customer. Company shall promptly take reasonable steps to mitigate and, where possible, to remedy the effects of, any Personal Data Breach.

5. Audit Reports

Customer acknowledges that Company is regularly audited for compliance with this DPA and Company’s security standards. Upon reasonable written request mailed to Company’s address as shown in the Privacy Policy, Company shall supply a summary audit report ("Report") to Customer, which Report shall be subject to the confidentiality provisions of any non-disclosure agreement provided by Company for Customer’s execution in connection with the Report. Company shall also respond to any commercially reasonable written audit questions submitted to it by Customer provided that Customer shall not exercise this right more often than once per twelve (12) months.

6. International Transfers

Data Center Locations. Company may transfer and Process Customer Data anywhere in the world where Company, its Affiliates or its Sub-processors maintain Processing operations. Company will at all times provide an adequate level of protection for the Customer Data Processed, in accordance with the requirements of Data Protection Laws.

Model Clauses. To the extent that Company processes any Customer Data protected by EU Data Protection Law under the Agreement and/or that originates from the EEA, in a country that has not been designated by the European Commission or Swiss Federal Data Protection Authority (as applicable) as providing an adequate level of protection for Personal Data, the parties acknowledge that Company shall be deemed to provide adequate protection (within the meaning of EU Data Protection Law) for any such Customer Data by complying with the Model Clauses. Company agrees that it is a "data importer" and Customer is the "data exporter" under the Model Clauses (notwithstanding that Customer is an entity located outside of the EEA).

7. Return or Deletion of Data

Upon termination or expiration of the Agreement, Company shall (at Customer's election) return or to the fullest extent technically feasible delete all Customer Data in its possession or control. This requirement shall not apply to the extent Company is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Company shall securely isolate and protect from any further Processing, except to the extent required by applicable law.

8. Cooperation

The Services may provide Customer with a number of controls that Customer may use to retrieve, correct, delete or restrict Customer Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to independently access the relevant Customer Data within the Services, Company shall (at Customer's expense) provide reasonable cooperation to assist Customer to respond to any requests from individuals or applicable data protection authorities relating to the Processing of Personal Data under the Agreement. In the event that any such request is made directly to Company, Company shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If Company is required to respond to such a request, Company will promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

Company will not disclose Customer Data to any government or third party except as necessary to disclose such information with a valid and binding order from a law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then Company will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless Company is legally prohibited from doing so.

To the extent Company is required under EU Data Protection Law, Company shall (at Customer's expense) provide reasonably requested information regarding the Services to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.

9. General

Any claims brought under or in connection with this DPA shall be subject to Company’s general terms (including the Terms of Service) as updated on the Legal webpage, including but not limited to, the exclusions and limitations set forth in the Agreement. Any claims against Company or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by Company in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce Company’s liability under the Agreement as if it were liability to the Customer under the Agreement.

No one other than a party to this DPA, their successors and permitted assignees shall have any right to enforce any of its terms.

This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.

The parties agree that this DPA shall replace any existing DPA (including the Model Clauses (as applicable)) the parties may have previously entered into in connection with the Services.

This DPA and the Model Clauses will terminate simultaneously and automatically with the termination or expiration of the Agreement; provided, however, provisions requiring secure destruction of Personal Data and retention of Personal Data to satisfy legal or regulatory requirements shall survive the termination or expiration of the DPA for the minimum time required to satisfy the respective obligations under those provisions.

Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.

The Schedules to this DPA are incorporated in this DPA by this reference. If there is any conflict between this DPA and any Schedules to this DPA, the terms of this DPA shall prevail to the extent of that conflict.

The provisions of this DPA are severable. If any phrase, clause or provision is invalid or unenforceable in whole or in part, such invalidity or unenforceability shall affect only such phrase, clause or provision, and the rest of this DPA shall remain in full force and effect.

Schedule A

Information Security

The following items are considered the minimum security requirements for the protection of Customer Data:

• Appointment of one or more officers responsible for coordinating and monitoring the information technology rules and procedures.
• Documented policy and procedures governing employee and vendor use of the information technology system.
• Process to identify and respond to suspected or known security incidents.
• Internally, data at rest is secured by roles or group permissions and audited periodically to make sure that people only have access to data that they need to do their jobs and that terminated users accounts are disabled.
• Servers are patched in a timely fashion to make sure that the latest security updates are applied.
• Transport Layer Security (TLS) is used wherever applicable for both web and email traffic. Email is also filtered and scanned multiple times coming in.
• Virtual Private Networks (VPNs) are used to encrypt traffic between all of our locations.
• External users also use encrypted VPN connectivity to gain access to internal resources and this is granted on a per-user basis.
• All stored passwords are encrypted.
• Data is synchronized between its primary and backup location daily
• Third party auditors conduct IT audits annually and review policies and procedures.

Schedule B – Model Clauses

Commission Decision C(2010)593
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 entity identified as “Customer” in the DPA
(the "data exporter")

and

GoFastHost, LLC
(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.

Clause 1

Definitions

For the purposes of the Clauses:

1. '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;
2. 'the data exporter' means the controller who transfers the personal data;
3. '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;
4. '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;
5. '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;
6. '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.

Clause 2

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.

Clause 3

Third-party beneficiary clause

1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
3. The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.
4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

1. 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;
2. 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;
3. that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;
4. 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;
5. that it will ensure compliance with the security measures;
6. 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;
7. 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;
8. 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;
9. 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
10. that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

1. 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;
2. 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;
3. that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;
4. that it will promptly notify the data exporter about:
   1. 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,
   2. any accidental or unauthorised access, and
   3. any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
5. 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;
6. 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;
7. 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;
8. that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;
9. that the processing services by the subprocessor will be carried out in accordance with Clause 11;
10. to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.

2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

   The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

Clause 7

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:

   1. to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;
   2. 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.

Clause 8

Cooperation with supervisory authorities

1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established and/or where the Customer resides.

Clause 10

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.

Clause 11

Subprocessing

1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor's obligations under such agreement.
2. The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses
3. The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
4. The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority.

Clause 12

Obligation after the termination of personal data processing services

1. The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
2. The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.

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Appendix 1 to the Standard Contractual Clauses

Data exporter
The data exporter is the entity identified as “Customer” in the Addendum.

Data importer
The data importer is GoFastHost, LLC, the provider of hosting services.

Data subjects
The data subjects and processing are defined in Section 2 of the DPA.

Categories of data
The categories of data are defined in Section 2 of the DPA.

Processing operations
The processing operations are defined in Section 2 of the DPA.

Appendix 2 to The Standard Contractual Clauses

This Appendix forms part of the Clauses. By purchasing Services from GoFastHost, this Appendix and the DPA are deemed accepted and executed by and between the parties.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):

The technical and organizational security measures implemented by the data importer are described in Schedule A of the DPA.