H2020-EUJ-02-2016
H2020 Grant Agreement Number 723076
NICT Management Number 18302

Deliverable D2.12

Final Ethics Report
Version V1.0
December 31, 2018

ABSTRACT
Protection of personal data is the only potential ethics issue in the use cases of
the CPaaS.io project. This report summarizes the findings of the ethics analysis
performed for each project use case and gives an outlook what will be necessary
for the upcoming use case implementations.

This work is licensed under the Creative Commons Attribution 4.0 International License.
To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/.

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Disclaimer
This document has been produced in the context of the CPaaS.io project which is jointly funded by theEuropean Commission (grant agreement n° 723076) and NICT from Japan (management number 18302).
All information provided in this document is provided "as is" and no guarantee or warranty is given thatthe information is fit for any particular purpose. The user thereof uses the information at its sole risk andliability. For the avoidance of all doubts, the European Commission and NICT have no liability in respect of
this document, which is merely representing the view of the project consortium. This document is subject
to change without notice.

Document Information
Editors
Authors

Reviewers
Delivery Type
Dissemination
Level
Contractual
Delivery Date
ActualDelivery Date
Keywords

H2020 EUJ-02-2016

Stephan Haller (BFH)
Martin Strohbach (AGT), Alexander Overtoom (TTN), Toshihiko
Yamakami (ACC), Hiroshi Amano(MSJ), Noboru Koshizuka (UoT), Chiaki
Ishikawa (YRP), Katsunori Shindo (YRP)
Stefan Gessler (NEC)R
PublicDecember 31, 2018
December 31, 2018

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Revision History
Rev.
0.1

Date
30/11/2018

0.2

12/12/2018

0.3

17/12/2018

0.4

26/12/2018

0.5

26/12/2018

0.6

29/12/2018

H2020 EUJ-02-2016

Description
Document createdbased on First Ethics
Report (D2.3)
Added descriptions ofTokyo Management ofService Vehicle
Updated section 2.1,
removed paragraphfrom section 3, added
appendix C
Provided English
documents forappendices C and D
Documents merging
and editing
Finalizing document

CPaaS.io

Contributors

Toshihiko Yamakami (ACC)

Martin Strohbach (AGT)

Chiaki Ishikawa (YRP)Jan Frecè (BFH)
Jan Frecè (BFH)

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Table of Contents
1

Introduction............................................................................................................................................................................... 52

Personal Data in Current Prototype Releases............................................................................................................... 5
2.1

Event Management – Enhanced User Experience ............................................................................................. 5

2.2

Event Management – Sapporo Visitor Experience ............................................................................................ 5

2.3

Event Management – Tokyo Management of Service Vehicles ................................................................... 6

2.4

Waterproof Amsterdam............................................................................................................................................... 7

2.5

Yokosuka Emergency Medical Care ........................................................................................................................ 7

Appendices: Preliminary Remark .............................................................................................................................................. 10
Appendix A: Consent Forms used by AGT in Color Run Utrecht ................................................................................. 10
Appendix B: Consent Forms used in Japan – Draft Standard on agreement on the handling of personal
information ....................................................................................................................................................................................... 12
Appendix C: Consent form for Data Collection Experiment in Sapporo Snow Festival (Translated fromJapanese) ........................................................................................................................................................................................... 16
Appendix D: Data Transfer Agreement between Ubiquitous Networking Laboratory and AGT Group(R&D) GmbH .................................................................................................................................................................................... 21

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1 Introduction
Some of the use cases in CPaaS.io deal with personal data. Protecting of such data is not only importantto get people’s acceptance of such a platform and the related applications and services, but it is also a
legal requirement. How CPaaS.io is generally dealing with this issue, as well as respective procedures andpolicies have already been described in D1.1, Protection of Personal Data (POPD) Requirements, and theinitial plan of how to apply this in the concrete use cases have been outlined in the initial Data Management
Plan (D7.2).
This deliverable now describes how the concrete activities undertaken in order to protect personal data inthe use case implementations for CPaaS.io.

2 Personal Data in Current Prototype Releases

2.1 Event Management – Enhanced User Experience
As part of the event management use case, AGT has collected personal data from 8 participants at the
Color Run in Utrecht in the Netherlands (see Deliverables D2.1 and D2.2). AGT also used personal datafrom Sapporo Snow Festival 2018 that has been collected by the Ubiquitous Networking Laboratory (YRP).
According to German and European (GDPR) law AGT has informed and reviewed the activity with his dataprotection officer. Informed consent forms have been provided to each participant. All participants havesigned the forms. The form is attached in the Appendix A of this deliverable.
In the project we used personal data from 8 Japanese participants from which wearable data as part of the
Sapporo Snow Festival 2018 has been collected. The consent forms and the data collection activity comply
with Japanese and European law. The consent forms are attached in Appendix C of this deliverable.
A data transfer agreement between YRP and AGT has been signed that defines how the data is used andexchanged between the two projects partners ensuring that the data is managed according to European,
German and European law.
As described in the first version of the CPaaS.io data management plan (D7.2) AGT has, “implemented
appropriate technical and organizational measures to ensure generated data is protected fromunauthorized or unlawful processing, accidental loss, destruction or damage. We review our informationcollection, storage and processing practices regularly, including physical security measures, to guard
against unauthorized access to our systems. We restrict access to generated data to only those employees,
contractors and agents who strictly need access to this information, and who are subject to strict
contractual confidentiality obligations.”

2.2 Event Management – Sapporo Visitor Experience
The Open Data Distribution Platform System manages visitors experience information which is related totourism and sports events organized by Sapporo city. We don’t have any personal information in thesystem.

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To deal with information of Sapporo city we adopt a Create Commons (CC) license. CC licenses are a toolfor copyright holders to define under what can terms and conditions their creation can be used. Most
interesting is the CC-BY license which only requires to name the author of the creation in order to use it.
Security measures for the Open Data Distribution Platform System are to adopt a segmentationarchitecture between the global segment and the private segment from the network point of view. Accessto the global segment is like accessing the Internet network environment through a firewall and Internet
gateway. Access to the private segment is limited by authorization.
The system and network environment above is structured under the Microsoft Azure service environment.
It is certified by cloud security and operations standards under ISO and public market organizations:•

ISMS: ISO/IEC 27001•

International Privacy Standard: ISO/IEC 27018•

Security management standard for cloud services: JASA CS mark as Gold•

Common information security standard for government agency in Japan: NISC common standard•

Online service system and account settlement with financial institution: FISC security standard

2.3 Event Management – Tokyo Management of Service Vehicles
This use case trial shall be performed in the extended Tokyo Area with a private transportation company.
It utilizes the package gathering/delivery operation in a metropolitan area. It provides plan, operation,and monitor of service vehicles and images of truck beds. It provides real time updates of delivery planand monitoring of vehicle positions on a map. It provides QR-code based driver registration on a smart
phone application at the driver side.
The ethics issues will be included in the following two aspects:Driver privacy (name, email address, location)

Accidental privacy inclusion in in appropriate photo shots

For the first part, the architectural consideration protects the privacy of drivers. The system manages eachuser identity by a driver code which does not link to any privacy-involving information (name, email, andso on). Each driver id is locally managed by each local office using the management tool. The real-world
identity is isolated in the software architecture in this use case.
For the second part, the photos of truck bed can include privacy data like names and addresses of senders
and recipients. The photos are used to identify the capacity information and most of the photos are too
distant to identify such information. However, there is a rick that digital images may expose privacy
information by accident.
At the moment, privacy-imposed filtering and image processing to protect such information is not
deployed. Therefore, operational guidelines to protect photo data are enforced. No photo data are sharedbeyond the partner intra-system to protect the privacy.

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2.4 Waterproof Amsterdam
As part of the Waterproof Amsterdam application, we are currently collecting data from one pilot water
buffer device in Amsterdam. This concerns a so called ‘smart rooftop’, with a water buffering mechanismthat controls the outflow of rain water from the rooftop to the sewerage. Additionally, sensors aremeasuring temperature, humidity and wind speed on the rooftop.
The data we are collecting from the device’s API consists of sensor readings and metadata such as
geolocation. We are not collecting any personal data (e.g. name and residential address of the buffer device
owner). Concerning the geolocation of the water buffer, while the location is stored into the FIWARE IoTBroker, there is no direct relation to any person or company. In the near future, the data access will be
secured via SSL encryption.
Further, the backend of the Waterproof application, which currently runs stand-alone from CPaaS.io, does
not actually use the data that is published on the device APIs of the water buffer manufacturers. These
data are for the time being merely formatted and stored into the FIWARE IoT broker.
So, the data processed by the Waterproof application are anonymous. Any personal data remains in the
database of the retailer of the buffer devices. This also applies to any following locations and devices weare connecting to the Waterproof application.

2.5 Yokosuka Emergency Medical Care
The on-going Yokosuka Emergency Medical Care project is to introduce modern ICT, such as IoTtechnology, in the emergency medical care practice. Currently, it has installed a camera inside ambulancesand sends the images of the patients to doctors at the hospitals for early diagnosis and selection of proper
hospital wards depending on the condition of the patients. The system also plans to streamline thedispatching of ambulances, but that aspect does not have any privacy concern for now.
The medical practice inside the ambulance adopts the ordinary privacy protection policy and procedure in
the general medical community. So, there is nothing new in that regard except for one thing.
The image of the patient is considered private data. So, before the system was installed, the City of
Yokosuka which operates the ambulances for emergency medical care reported the usage of the system
to the “Committee to evaluate the protection of privacy data” of the City of Yokosuka for the committee’s
opinion. Today the system’s principles of operation require that an ambulance with this system needs avisible sticker that explains that the live image of the patient is transmitted to doctors in remote hospitals,
and the consent from the patient or the party who accompanies the patient needs to be obtained before
the image is thus taken and transmitted. The committee did not object the usage of the system because
it regards the operation as being in compliance with the Japanese privacy protection laws and regulations.
Also, no party who has been transported by these ambulances objected to the taking and transmission of
the live image. In case of such an objection, the video recording system is turned off to preserve privacy.
Should a patient be unable to make or communicate such a decision, the decision whether to use video
recording is based on the medical assessment of the situation done by the medical personnel involved.

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Figure 1: sticker inside the ambulance in the City of Yokosuka which explains the transmission of images.

This privacy angle regarding the live image transmission in an ambulance can be generalized. There is aschool of thought that suggests emergency medical care sometimes needs to be allowed to override theprivacy concerns. What if the patient in an ambulance or in emergency ward is unconscious, say, undercoma, and no one seems to have the power of attorney, so to speak, to give the permission to let others
to research and retrieve the patient’s past history from the hospitals the patient may have visited before,
for example. The patient may die due to improper care caused by the scarcity of past medical history. This
is not an idle philosophical question and often heard outside Yokosuka, too. This issue needs to be
formulated and solved once and for all before the real benefit of emergency medical care in ICT age isenjoyed by everyone including an unconscious patient carried by an ambulance. Unfortunately, the current
laws and regulations are not clear on this issue. That was why the City of Yokosuka was forced to consult
its Committee to evaluate the protection of privacy data before the system was installed.
Consequently, the City of Yokosuka instituted a local rule for video image transmission, stating that:-patient’s consent is needed in advance,-

if the patient is not in a condition to give consent, consent should be sought from a family
member, if possible-

if the transportation of a patient in a medical vehicle can be considered an emergency, it
constitutes an extraordinary event where the privacy data protection usually no longer
applies,-in case of non-emergency transport in a medical vehicle, this can be considered public
transport according to Japanese law, where in turn privacy data protection rules do not
apply.

Based upon our experience in Yokosuka and the ongoing discussion about this emergency vs. privacy
protection mentioned above, the template of the consent form discussed by the Japanese partners to be
used in CPaaS.io Japanese prototypes (more about this in the next section: “3 Future Plans”) includes thefollowing clause:
The Association shall not disclose or provide the Member's Personal Information to a third party unless
one of the following conditions is met…
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the agreement from the Member in question in a timely manner is difficult.
Solving this privacy issue regarding one’s medical information in case of medical emergency in a legallysatisfactory form completely is beyond CPaaS.io itself. However, YRP and its partners will be ready to create
input to proper legal and government bodies if asked for an opinion on this matter.

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Appendices: Preliminary Remark
The following appendices shall illustrate the detail and scope of consent forms and data transfer
agreements put to use in the CPaaS.io project. They have therefore been on one hand designed for theconcrete events, describing their concrete circumstances regarding data acquisition purpose andmethods, data transfer and storage, etc. and on the other hand they do not include service specific datainquiry contact information for legibility reasons. In real-life application, such contact information isprovided for each service/application implemented.

Appendix A: Consent Forms used by AGT in Color Run Utrecht
CONSENT FORM
Event members
Thank you for agreeing to be supplied with smart bracelets, smartphones, smart chest straps and amobile camera that will collect information about you when you are wearing it (“the wearables”) during
your attendance at the Color Run Event on 11th September 2016 starting 11:00am at Haarrijnseplas,
Utrecht, The Netherlands.
This notice sets out how AGT Group R&D GmbH, Hilpertstrasse 35, 64295 Darmstadt ("we" or "us") will
use the information collected from the wearables ("your data"). Your data will only be collected, used,retained, disclosed, transferred (together: “processing”) and secured in accordance with applicable dataprotection law.
The wearables and smartphone sensors will collect information about your location, motion (hand andbody movements based on acceleration and gyroscope sensors), heart rate and inter-beat (RR)
intervals, data on breathing, emotional arousal (based on galvanic skin response/skin conductance),
distance travelled, step counts, calories consumed, contact data, skin temperature, environmental
conditions (UV light, ambient light, barometric pressure, altitude). The wearables will also collect video
data about other participants running with you and collect audio information about yourself. Video data
about yourself may be collected by other participants using the wearables during the event. We will
require your email address in order to contact you about your data.
The purpose of the data collection effort is to compare the performance of wearables for detecting youractivities and emotional responses throughout the event. We will only use your data for (i) research
regarding the development of new products and services, (ii) user experience optimization, (iii) improving
event operations, and (iv) statistical analysis. Your data will be collected using the provided wearables
and after the event will be transferred to our servers and to third party cloud storage Amazon S3
operated by Amazon Web Services, seated in 410 Terry Avenue North, Seattle WA 98109, UnitedStates. The data will only be processed in an environment on servers within the European Economic
Area (EEA). Please note that your data will not be processed in order to make decisions about you in apersonal capacity. After your data has been initially collected, your data will be linked with a pseudonym.
Your email address will be stored separately from the data collected by the wearables but may be linked
to the pseudonym. Your email address will only be used to ask you questions that will help us better
understand your data. The remaining data will be anonymized insofar possible. Your data will be deleted
from our servers in 5 years.
We have implemented appropriate technical and organizational measures to ensure that your data is
protected from unauthorized or unlawful processing, accidental loss, destruction or damage. We review
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our information collection, storage and processing practices regularly, including physical security
measures, to guard against unauthorized access to our systems. We restrict access to your data to only
those employees, contractors and agents who strictly need access to this information, and who aresubject to strict contractual confidentiality obligations.
We may share your data with consortium members of the EU (grant agreement number 723076) and“National Institute of Information and Communications Technology” from Japan (management number
18302) jointly funded project CPaaS. (Current members of the consortium are: “Bern University ofApplied Sciences”, Falkenplatz 24, 3012 Bern, Switzerland; “AGT Group (R&D) GmbH”, Hilpertstrasse
35, 64295 Darmstadt, Germany; “NEC Europe Ltd”, West end road Athene Odyssey Business Park
South RUISLIP, London HA4 6QE; “Odin Solutions S.L.”, Poligono Industrial Oeste, Calle Perú, 5, 30820
Alcantarilla, Murcia, Spain; “University of Surrey”, Institute for Communication Systems, Stag Hill
Campus, Guildford, GU2 7XH, United Kingdom; “The Things Network”, Herengracht 182, Amsterdam
1016 BR, The Netherlands; “YRP Ubiquitous Networking Laboratory”, YRP Center No.1 Building, 3-4
Hikarino-oka, Yokosuka-City, Kanagawa-Prefecture, 239-0847, Japan; “Microsoft Corporation”, One
Microsoft Way, Redmond, WA 98052-7329 USA; “ACCESS CO.”, Daito Building, Kandaneribei-cho 3,
Chiyoda-ku, Tokyo 101-0022, Japan; “Ubiquitous Computing Technology Corporation”, 2-12-3 NishiGotanda, Shinagawa-ku, Tokyo 141-0031, Japan; “The University of Tokyo”, 7 Chome-3-1 Hongo,
Bunkyo, Tokyo 113-8654, Japan.) We will only share data containing pseudonyms as described above,
but not share any personal identifiers such as emails.
By default, we will not disclose your data to any other third party. However, some of the wearables use
third party software of TomTom International B.V. (De Ruijterkade 154, 1011 AC Amsterdam, The
Netherlands), Carré Technologies Inc. (5800 Rue Saint-Denis #402a, Montréal, QC H2S 3L5, Canada),
and Polar Electro Oy (pääkonttori, Professorintie 5, 90440 Kempele, Finland) which may process yourlocation and movement, heart rate, data on breathing, and calories to servers outside of our control. This
processing is subject to the terms and conditions of the applicable third party. We will not enrich thesensor data uploaded by this software with any other personal data such as your email address.
Some of the operators of third party software as well as some consortium members of the project
CPaaS.io may store your data in countries which may not have the same level of data protection as in
the European Union (Third Countries). Recipients of data in Third Countries are not bound to theregulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the European
data protection rules. Therefore, it is possible that Relevant Data might be transferred to otherauthorities; governmental control mechanisms; other third parties and judicial protection might not be
available.
Your consent is voluntary and can be revoked at any time with effect for the future by notifying us via
userinfo@agtinternational.com. You can also at any time return the wearables to AGT representatives,
Hilpertstraße 35, 64295 Darmstadt, if you no longer agree to the processing of your data and wish to
revoke your consent to the processing.
If you wish to access, correct or delete the personal information which we have collected about you, or if
you have any questions regarding this notice, please contact us at userinfo@agtinternational.com

By signing below you confirm that you have read this notice and you agree that your personal
information may be collected, processed and used as set out in this notice.

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SIGNATURE
PRINT NAMEDATEEMAIL:

Appendix B: Consent Forms used in Japan – Draft Standard on agreement on
the handling of personal information
The parties who wish to use the Service register their own personal information (hereinafter referred to
as Personal Information) to the Service. (Hereinafter these parties are referred to as Members.) Thisagreement (hereinafter referred to Agreement) defines the proper handling of Personal Information
between the Association and the Members. Members shall offer the Personal Information ONLY AFTER
they understand the content below and agree to it. The Association shall handle the Personal
Information properly according the "Basic Policy of Handling Personal Information" of the Association toprevent the leak of personal information.

Article 1: The overview and goal of the Service
This goal of this Service is to enable the Members to receive high-quality service that fits the preferenceor likes/dislikes of the Members from the service providers (hereinafter referred to as Servicer), by
providing the individual attributes, preference and wishes (these are collectively called personal
information in this Service) of the Members to the Servicer. This Service is not for the CRM (Customer
Relationship Management) of the Member's personal information done by corporations, etc. This service
is for letting the Members perform VRM (Vendor Relationship Management) by controlling the provisionof Personal Information to Servicers on their own in order to receive customized service from theServicers. The handling of Personal Information in the Service is done on the principle that the Members
have the ultimate authority over the handling based on this agreement, relevant laws and regulations.

Article 2: The Objective of the Use of Personal Information
The Association uses the Personal Information properly as the need arises in order to execute theService and the following projects (hereinafter referred to as Project).
(1)

*****

(2)

*****

Article 3: Voluntary Nature of Information Provision
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The range of the provision of the Personal Information by the Members is arbitrary and is up to theMembers. Members shall understand that if there is personal information that is not provided by theMembers, the feasibility study experiments in the Project may not be executed fully, and the Members
may not be able to receive the Service and the service provided by the Project.

Article 4: Accuracy of Personal Information
1) Members shall not provide false Personal Information.
2) Members shall upgrade the Personal Information to keep it current when the information changes
as often and timely as reasonably possible.
3) Members shall understand that if the Personal Information provided by the Members is notcorrect or inexact, the Service provided by the feasibility experiment in the Project to theMembers may not have a satisfactory quality.

Article 5: The Right to Provide the Personal Information
The right to decide whether or not to provide the Personal Information of a Member belongs to theMember. The right to correct or delete the Personal Information or decide to which Services the
Personal Information is provided belongs to the Member who has provided the Personal Information.

Article 6: Provision of Personal Information to the Third Parties
The Association shall not disclose or provide the Member's Personal Information to a third party unless
one of the following conditions is met.
(1) when there is an agreement from the Member to provide the information to Servicer in a manner
defined in Article7(2) when the data is published as a statistical data by which an individual identification is impossible(3) when there is a pressing need to protect the life, body or the property of the Member and obtaining
the agreement from the Member in question in a timely manner is difficult(4) when the information is requested on legal ground by the courts of law, prosecutor's offices, andpolice offices and other government offices(5) when laws and regulations mandate such provision(6) when Article11 and/or 12 apply

Article 7: The Method of Provision, etc.
The Association shall provide "CPaaS.io Portal App" in the form of a website or in the form of an
application to make it easy for Members to provide, review, correct, and delete Personal Information, andalso to agree to the provision of the Personal Information to Servicers. Members shall be able to performthe following actions any time using the CPaaS.io Portal App.

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Association(2) Agreement to provide the Personal Information to a Servicer, and the withdrawal of suchagreements

Article 8: Transparency of Provision
By using the CPaaS.io Portal App, Member can identify the Servicers to which the Member has provided
the Member’s own Personal Information by using the App any time.

Article 9: Disclosure, Correction and Deletion of Personal Information
When the request for disclosure, correction, stopping the usage, withdrawing the provision to Servicers,
deletion, the disclosure of the purpose of the usage, etc. of a Member’s Personal Information is received
from the Member who has provided the information via CPaaS.io Portal App and other means, theAssociation responds according its internal rules as much as possible in a reasonable time.
•

The person in charge of the management of the Members' Personal Information is the Managing
Director of the Association.

Article 10: Security Management
The Association shall continue to apply the proper security measures, both technical and organizational,
to avoid the risks of illegal access, loss, erasure, unwanted alteration, leak, etc. of Members' Personal
Information.

Article 11: Shared Use of Personal Information in the Execution of the Project
The Association may use the Personal Information in a shared manner among the main contractor of the
Project and its partners in the Project listed in the Association’s website in order to execute the Project.
(1) Purpose of the usage: to be used during the execution of the Project(2) Personal Information that will be shared: all the information provided as Personal Information(3) The scope of the partners who will share the information: the main contractor of the Project and its
partners in the Project listed in the Association’s website(4) The responsible party for the management of Personal Information: Association for IoT Services
Coordination, a general incorporated association.

Article 12: Escrow of Personal Information for the Execution of the Project
The Association may put the Personal Information in an escrow at corporations that satisfy thereasonably high information management criteria defined by the Association (the corporations shall belisted in the Association’s website) for the execution of the Project.
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Article 13: Disposal
The Association shall dispose the Personal Information after applying security measures such asprotection against illegal access by the third party, etc. according to the internal procedure of the
Association.

Article 14: Inquiry
Inquiry regarding the Personal Information, or the request for disclosure, correction and deletion of the
Personal Information can be done by using the CPaaS.io Portal App. Other inquiries should be
addressed to the following:

Address.....
Organization Name.....
TEL：+81-3-****-****
E-mail：*****@***.***

Article 15: Miscellaneous(1) The formation, validity and performance of this Agreement shall be, in all aspects, governed by andinterpreted under the laws of Japan.
(2) This Agreement shall be created in Japanese. It is free to create the reference translation of theAgreement in other languages in so far as the interpretation of the Agreement is concerned, theJapanese language version shall prevail.
(3) Matters not stipulated in this Agreement and any other ambiguities which arise in relation to thisAgreement shall be settled through consultation in good faith by the parties involved.
(4) If the consultation does not settle issues, any proceedings relating to the content and execution ofthis Agreement shall be subject to the exclusive jurisdiction of the ***** Court or ***** Court as thefirst instance.

Article 16: Agreeing to this Agreement
When a Member agrees to this Agreement, the Member shall perform one of the following actions below.
(1) If this Agreement is displayed electronically, please enter the date and your name in the designatedfields and push the "Register" button.
(2) If this Agreement is provided on paper, please enter the date, and put your name and a seal or put
your signature and send the agreement to the Association.

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Month:Year:

Name in Full

Appendix C: Consent form for Data Collection Experiment in Sapporo Snow
Festival (Translated from Japanese)

Agreement on the handling of personal information
Data Collection Experiment in Sapporo Snow Festival
ver.2018.01.17
PREAMBLE: Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc. (hereinafterreferred to as Laboratory) desires to implement “Data Collection Experiment in Sapporo Snow Festival"(hereinafter referred to as Experiment). The parties who wish to participate in the Experiment register
their own personal information (hereinafter referred to as Personal Data) to the designated datacollection platform. (Hereinafter these parties are referred to as Participant.) This agreement (hereinafterreferred to as Agreement) defines the proper handling of Personal Data between the Laboratory and theParticipants. Participants shall offer the Personal Data ONLY AFTER they understand the content below
and agree to it. The Laboratory shall handle the Personal Data properly according the "Handling of
Personal Information for Data Collection Experiment in Sapporo Snow Festival" (appendix) of theLaboratory to prevent the leak of Personal Data.

Article 1: The overview and goal of the Experiment
The experiment will be implemented as part of City Platform as a Service – Integrated and Open(CPaaS.io), a research project.
CPaaS.io Project has been implemented with the support of National Institute of Information andCommunications Technology (NICT, management number: 18302) and European Commission (grant
agreement n° 723076). Research institutes, private sector and universities in Europe and Japan havejoined the project. The project members are as follows;
1.
2.
3.
4.
5.
6.
7.

Bern University of Applied Sciences, Switzerland (the coordinator on the European side)AGT Group (R&D) GmbH, Germany
NEC Europe Ltd., UK
Odin Solutions S.L., Spain
The Things Industries, Netherlands
University of Surrey, UK
Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc., Japan (the coordinatoron the Japan side)
8. Microsoft Japan, Japan
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9. ACCESS Co., Ltd., Japan
10. Ubiquitous Computing Technology Corporation, Japan
11. The University of Tokyo, JapanThe Personal Data collected in the Experiment is used in order to analyze the activities and its history of
the participation of the Participants and exhibitions’ events which attracted the Participants’ attention in
events such as snow festival.

Article 2: The Objective of the Use of Personal Data
The Laboratory uses the Personal Data properly as the need arises in order to realize the goal defined in
Article 1.

Article 3: Personal Data to Be Provided
The Participants shall provide their Personal Data according to an instruction. The following Personal
Data will be collected from the documents filled out by the Participants and the sensor devices worn by
the Participants. The Participants shall agree to the collection and use of such Personal Data.
Personal Data to be collected under the Agreement is as follows. (Only some of the followings will becollected according to the devices to be used actually for the Experiment in some cases.)
•
•
•
•
•
•
•
•
•

Name, contact (address, phone number), gender, age and response to the questions
Location information
Whether the Participant wears a sensor device, and the body movement sensed by the sensor
devicePulse and interbeat (RR) interval
Number of steps and estimated calorie consumption
Body temperature
Galvanic skin response (This is the change of skin electric resistancePhotos and videos shot by the Participants by using their own cameras and video cameras, andphotos and videos of the scenes in the Experiment shot by the experiment staff
Twitter account and the content of published Tweet with specific hashtag

Article 4: Accuracy of Personal Data
The Participants shall follow an instruction to keep current the Personal Data which will be automaticallycollected as often and timely as reasonably possible if there is any such instruction.

Article 5: The Right to Provide the Personal Data
The right to decide whether to provide the Personal Data of a Participant belongs to the Participant. The
right to correct or delete the Personal Data belongs to the Participant who has provided the Personal
Data.

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Article 6: Provision of Personal Data to the Third Parties
The Laboratory shall not disclose or provide the Participant's Personal Data to a third party other unless
one of the following conditions is met.
1. when the data is published as a statistical data by which an individual identification is impossible

when there is a pressing need to protect the life, body or the property of the Participant andobtaining the agreement from the Participant in question in a timely manner is difficult
3. when the information is requested on legal ground by national governmental organizations or
local governments, or other government offices entrusted by them
4. when laws and regulations mandate such provision
5. when Article 10 applies2.

Article 7: The Method of Provision, etc.
The Laboratory shall accept requests from the Participants to provide, correct, and delete their own
Personal Data. The Participants shall be able to request to perform the following actions through thecontact of the Laboratory. The automatically collected Personal Data cannot be corrected and deleted
due to the nature of the Experiment.
(1) Request to provide, correct and delete the Personal Data of the Participant's own to the Laboratory

Article 8: Disclosure, Correction and Deletion of Personal Data
When the request for disclosure, correction, stopping the usage, deletion, the disclosure of the purposeof the usage, etc. of the Participants’ Personal Data is received from the Participants who provided theinformation, the Laboratory responds according its internal rules as much as possible in a reasonabletime.
The person in charge of the management of the Participants' Personal Data is the Director of theLaboratory.

Article 9 Security Management
The Laboratory shall continue to execute proper safety measures, both technical and organizational, toavoid the risks of unauthorized access, loss, erasure, unwanted alteration, leak, etc. of Participants'
Personal Data.

Article 10: Escrow of Personal Data for the Implementation of the Experiment
The Laboratory may put the Personal Data in an escrow at the CPaaS.io Project member that satisfies thereasonably high information management criteria defined by the Laboratory for outsourcing andbusiness alliance for the implementation of the Experiment.

Article 11 Disposal

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The Personal Information shall be disposed according to the internal procedure of the Laboratory after
the termination of CPaaS.io Project (scheduled to be terminated in March 2019) by executing proper
safety measures to avoid the risks of unauthorized access from a third party.

Article 12 Inquiry
Inquiry regarding the Personal Data, or the request for disclosure, correction and deletion of the Personal
Data should be addressed to the following:
Mr. Chiaki Ishikawa
Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc.
9F SEIJITSU BLD-1, 2-12-3 Nishi-Gotanda, Shinagawa, Tokyo 141-0031, Japan
TEL: +81-3-5437-2270 (Main)
E-mail: chiaki.ishikawa@ubin.jp

Article 13 Miscellaneous
1) The formation, validity and performance of this Agreement shall be, in all aspects, governed byand interpreted under the laws of Japan.
2) This Agreement shall be created in Japanese. It is free to create the reference translation of theAgreement in other languages in so far as the interpretation of the Agreement is concerned, theJapanese language version shall prevail.
3) Matters not stipulated in this Agreement and any other ambiguities which arise in relation to thisAgreement shall be settled through consultation in good faith by the parties involved.

4) If the consultation does not settle issues, any proceedings relating to the content and executionof this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court orTokyo Summary Court as the first instance.

Article 14 Agreeing to this Agreement

By signing this Agreement, you shall be deemed to have agreed to the terms and conditions.

Name: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿
Contact

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Address: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿
Phone number:
Signature: ＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿＿

Appendix: Handling of Personal Information Provided for the Data Collection
Experiment in Sapporo Snow Festival (Privacy Policy)
ver.2018.01.17
Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc.
Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc. (hereinafter referred to as
Laboratory） recognizes the importance of the protection of personal information and regards it
impossible to obtain a cooperation from the participants without proper protection of the personal
information of the participants. In order to nurture trust between the participant and the Laboratory, theprivacy policy of the Laboratory is defined.
Article 1: The Laboratory shall not use personal information of the parties (hereinafter referred to as
Participants) who provide their own individual attributes, preferences and wishes (hereinafter referred to
as Personal Data) to purposes not mentioned below.
•

The research activities related to the CPaaS.io Project which has been implemented with thesupport of National Institute of Information and Communications Technology (NICT,
management number: 18302) in which the Laboratory has been participating and European
Commission (grant agreement n° 723076)

Article 2: In carrying out the purposes in Article 1, the Laboratory shall not disclose or provide theParticipant's Personal Data to a third party other unless one of the following conditions is met.
1) when the Participant agrees to the provision of the Personal Data to the third party2) when the data is published as a statistical data by which an individual identification is impossible
3) when there is a pressing need to protect the life, body or the property of the Participant andobtaining the agreement from the Participant in question in a timely manner is difficult4) when the information is requested on legal ground by national governmental organizations or
local governments, or other government offices entrusted by them5) when laws and regulations mandate such provision
6) when the Personal Data is placed in the hands of the CPaaS.io Project members.
Article 3: The Laboratory receives the request of the disclosure, correction, etc. of the Participant's
Personal Data from the Participant by means of receiving of the paper form which the Laboratory
prepares and shall act on the request. The paper form for disclosure and other forms which are definedby the Laboratory shall be provided by the contact person of the Laboratory defined in Article 4. The
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automatically collected Personal Data cannot be corrected and deleted due to the nature of theExperiment.

Article 4: To whom the inquiry regarding personal information handling should be directed:
Mr. Chiaki Ishikawa（Telephone: +81-3-5437-2270 (office PBX number), E-mail:chiaki.ishikawa@ubin.jp）

Article 5: In handling the Personal Data, the Laboratory shall abide by the Japanese laws and otherappropriate norms.

Article 6: By due diligence of executing proper safety measures, the Laboratory shall avoid the risk ofleak, alteration, loss, etc. of Personal Data.

Article 7: The Laboratory shall perform regular auditing of the handling of the Personal Data and shall try
to improve the handling continuously.

Written on January 18, 2018
Ken Sakamura, Director
Ubiquitous Networking Laboratory, Yokosuka Telecom Research Park, Inc.

Appendix D: Data Transfer Agreement between Ubiquitous Networking
Laboratory and AGT Group (R&D) GmbHDATA TRANSFER AGREEMENT

concluded by and between:(1)

Ubiquitous Networking Laboratory, SEIJITSU BLD-1, 2-12-3 Nishigotanda, Shinagawa, Tokyo 1410031, Japan- hereinafter referred to as "YRP" -H2020 EUJ-02-2016

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AGT Group (R&D) GmbH, Hilperstrasse 35, 64295 Darmstadt, Germany- hereinafter referred to as "AGT" -Both YRP and AGT are hereinafter individually referred to as a "Party", and jointly referred to as the"Parties".

PREAMBLE
The Parties are – among others – consortium members of the CPaaS.io Project which is jointly funded by
the EU (grant agreement number 723076) and the "National Institute of Information andCommunications Technology" of Japan (management number 18302) (hereinafter the "CPaaS.io
Project"). The CPaaS.io Project is articulated around a comprehensive set of real-world scenarios where alarge amount of raw data is produced.
In the course of the CPaaS.io Project YRP has collected personal data from participants during the"Sapporo Snow Festival 2018" in Sapporo from 1st to 12th February 2018 (hereinafter the "Personal
Data"). The Personal Data have been collected in order to be used for analysis of the activities and thehistory of the participation of the participants from whom the Personal Data stem (said participants
hereinafter the "Data Subjects").
AGT is interested in getting access to and receiving the Personal Data for the purpose of using them in
the analysis, research and development during and for the purposes of the CPaaS.io Project as well as for
its own purposes during and after the CPaaS.io Project.
Now, therefore, the Parties conclude this data transfer agreement (hereinafter "Agreement").

§1
Transfer of the Personal Data to AGT/ AGT's Right to Use(1)

YRP shall make available the Personal Data to AGT via a secure platform realized as a cloudservice from which AGT is able to download all Personal Data to an own storage device/ facility.
If this method to transfer the Personal Data to AGT does not work for any reason, the Parties
will agree on an alternative secure way to transfer the Personal Data from YRP to AGT.

(2)

The Personal Data will be transferred to AGT in pseudonymized form only. YRP will
pseudonymize the Personal Data before the transfer and will keep the key for thepseudonymization on a secure separate storage device or location. YRP will not disclose said
key for re-identification of the Data Subjects to AGT. However, the photos and videos collectedby YRP may show the Data Subjects to whom the Personal Data pertain, but without the nameof the Data Subject shown.

(3)

AGT shall store the Personal Data on a secure storage device/ facility. AGT may store the
Personal Data on a secure storage device/ facility at its own premises and/or in a secure cloudserver. Moreover, the Parties will discuss in good faith whether the Personal Data shall betransferred to the CPaaS.io platform hosted and operated by the CPaaS.io Project member Odin
Solution S.L. and/or on the Japanese (equivalent) CPaaS.io platform hosted and operated by
YRP or its designated operator and whom of the Parties shall be responsible for the transfer tosaid CPaaS.io platform(s).

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YRP hereby grants to AGT the non-exclusive, royalty-free, perpetual, worldwide right to use the
Personal Data for research and development, including the right to analyse and/or interpretthe Personal Data. AGT is entitled to make an unlimited number of copies of the Personal Data.
For the avoidance of doubt, AGT shall have the right to access the Personal Data via any of said
CPaaS.io platforms and AGT's right of use with respect to the Personal Data shall extend toaccess and use the Personal Data via the CPaaS.io platform(s).

(5)

AGT is entitled to grant sublicenses under its right of use granted under § 1 (4) and to transfer
one (1) copy of the Personal Data to any AGT Affiliates and/or any other CPaaS.io Project
member subject to conclusion of a data transfer agreement with provisions as protective for
the Personal Data as provided in this Agreement. An "AGT Affiliate" is any legal entity that
controls, is controlled by, or is under common control with AGT, while the term "control" means
the direct or indirect ownership of more than 50% of the nominal value of the issued sharecapital of the respective legal entity, or of more than 50% of the issued share capital entitling
the holders to vote for the election of directors or persons performing similar functions, or theright by any other means to elect or appoint directors of the respective legal entity (or persons
performing similar functions) who have a majority vote. The sublicense to any AGT Affiliate
shall last as long as the affiliation with AGT exists.
§2
Compliance with Applicable Data Protection Laws

(1)

The Parties agree that they are solely responsible for handling the Personal Data in compliancewith the data protection laws applicable to them and their activities conducted in relation to
the Personal Data without prejudice to any potential indemnification obligation pursuant to§ 7 (3) of this Agreement.

(2)

YRP shall be responsible for compliance with the applicable data protection laws in Japan(including the Japanese Act on the Protection of Personal Information as amended from time totime ("APPI")), particularly that the collection of the Personal Data, making available andtransfer of the Personal Data to AGT (including the requirements as to security and dataprotection level for the transfer) and YRP's own processing of the Personal Data comply withthe applicable data protection laws in Japan. Therefore, YRP has obtained informed consent
declarations or respectively the agreement on the handling of personal information - asprovided in template form in Exhibit 1 - from all Data Subjects whose Personal Data aretransferred to AGT according to this Agreement. YRP hereby confirms that the Data Subjects
have consented to the transfer of the Personal Data to AGT as well as that the transfer of the
Personal Data to AGT and use of the Personal Data by AGT in accordance with the terms of thisAgreement comply with the applicable data protection laws in Japan.

(3)

AGT shall be responsible for compliance with the statutory data protection regulations as set
forth in the Bundesdatenschutzgesetz ("BDSG") and the "Data Protection Directive – 95/46/EC"– until its expiration – and, upon its date of application the General Data Protection Regulation("GDPR") regarding the lawfulness of the storing and processing (in the meaning as defined in
the GDPR) of the Personal Data from and upon receipt of said Personal Data from YRP. In
particular, AGT will ensure, that the Personal Data received from YRP is only processed within

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the boundaries of the consent declaration/ the agreement on the handling of personal
information - as provided in template form in Exhibit 1. Further, AGT acknowledges that the
Personal Data contain sensitive personal information, such as data concerning health of theData Subjects which constitute "special categories of personal data" (in the meaning of theGDPR). AGT is aware, that such special categories of personal data merit a higher level ofprotection than other categories of personal data.
§3
Obligations of the Parties(1)

The Parties shall - each in their scope of responsibility as set forth in § 2 (2) and (3) of thisAgreement - structure their internal organisation so it complies with the specific requirementsof the protection of (special categories of) personal data. The Parties shall implement andmaintain technical and organisational measures to adequately protect the Personal Data inaccordance with and satisfying the requirements of the BDSG and - upon its application - theGDPR in case of AGT and of the data protection laws applicable in Japan in case of YRP. In
particular, the Parties shall ensure, that the Personal Data are protected from unauthorizedaccess, accidental loss, destruction or damage.

(2)

AGT shall refrain from any attempts to re-identify any Data Subject from which the Personal
Data have been collected. In case AGT gains access to the keys for re-identification of the Data
Subjects, AGT shall not use said keys unless explicitly instructed to do so by YRP. In case AGT
gains access to re-identifiable Personal Data, AGT shall refrain from tracing or identifying theidentity of any Data Subjects. In particular, AGT shall not take any action (e.g. data analytics)
with the intention to reveal the identity of one of the Data Subjects. AGT agrees to preserve, at
all times, the confidentiality of information pertaining to identifiable Data Subjects. For the
avoidance of doubt, the re-identification of any Data Subject through any processing of the
Personal Data by AGT by mistake shall not be treated as breach of this Agreement.

(3)

AGT shall not grant any third party access to Personal Data, in whole or in part, without firstobtaining YRP's consent, except for the cases allowed under § 1 (5) of this Agreement or if theParties decide pursuant to § 1 (3) of this Agreement that AGT should transfer the Personal Data
to the CPaaS.io platform(s) hosted and operated by the CPaaS.io Project member Odin Solution
S.L. and/or by the Japanese (equivalent) CPaaS.io platform hosted and operated by YRP or its
designated operator. AGT shall inform YRP if AGT receives any request from a third party, otherthan an AGT Affiliate or a CPaaS.io Project member, for transfer of the Personal Data. For the
avoidance of doubt, this § 3 (3) of this Agreement shall not apply in case of a publication by AGT
in accordance with § 6 (4) of this Agreement.

(4)

Personal Data of the concerned Data Subject (including all copies thereof) shall not be used any
longer and shall immediately be deleted by AGT and deletion shall be certified to YRP if YRP
informs AGT in the relevant request that the concerned Data Subject has withdrawn its
informed consent. In such case, AGT shall request deletion of the relevant Personal Data also
from any AGT Affiliate which received a copy of the Personal Data pursuant to § 1 (5) of thisAgreement. The obligation to delete shall not apply to copies of the Personal Data made as amatter of routine information technology backup, which backup copies shall be deleted

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stored by AGT according to provisions of mandatory law. For the avoidance of doubt: The
obligation to delete the Personal Data does not affect Personal Data which has been transferred
to other CPaaS.io Project members. Furthermore, the obligation to delete shall not extend to
any intellectual property, knowledge and/or other results which is created and/or conceived
by use, analysis and/or interpretation of, or is otherwise based on the Personal Data.
§4
Duty to cooperate
Where, in accordance with applicable data protection laws (in particular the APPI, the BDSG and - once
applicable - the GDPR), one of the Parties is obliged to

•
•
•
•
•

answer a Data Subject's enquiry related to the processing of its Personal Data, or
fulfil any claims of the Data Subject deriving from applicable statutory data protection regulation(in particular Art. 15 to 21 GDPR), or
inform Data Subjects and/or data protection authorities of any data breach, or
respond to enquiries of data protection authorities, or
fulfill any other obligation deriving from the applicable data protection laws (in particular Art. 33
to 36 GDPR),

the other Party shall support the obliged Party in fulfilling their obligation. Each Party shall bear its own
costs and expenses related to the performance of the duty to cooperate.

§5Intellectual Property(1)

AGT recognizes that nothing in this Agreement shall operate or be interpreted to transfer any
intellectual property right or ownership right in the Personal Data or any intellectual property
right of YRP resulting from YRP's use, analysis and/or interpretation of the Personal Data to
AGT.

(2)

In case AGT or any of AGT's employees develops any intellectual property, knowledge and/or
other result by use, analysis and/or interpretation of the Personal Data or any intellectual
property, knowledge and/or other result otherwise related to or based on the Personal Data,
AGT shall become the sole and exclusive owner of such intellectual property and/or knowledge
and/or other result. For the avoidance of doubt, AGT shall not owe to YRP any remuneration orcompensation for the use of such intellectual property, knowledge and/or other results which
are developed by AGT or AGT's employees by use, analysis and/or interpretation of the
Personal Data or which are otherwise based on or related to the Personal Data.
§6
Confidentiality/ Publications(1)

Notwithstanding AGT's right to transfer the Personal Data to AGT Affiliates and/or CPaas.io
Project members, AGT agrees to preserve, at all times, the confidentiality of the Personal Data

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Personal Data to deliberately compromise or otherwise violate the confidentiality of
information on the Data Subjects and their respective rights to privacy. AGT will grant accessto the Personal Data only to those of AGT's employees who have a need to know and who are
obliged to treat the Personal Data confidential.
(2)

The aforementioned confidentiality obligation shall not apply to the extent that AGT can show
that:
a)

the Personal Data have become publicly available by means other than a breach of AGT’s
confidentiality obligations; orb)

YRP has informed AGT that the Personal Data are no longer confidential;c)the Personal Data have been communicated to AGT without any obligation of confidence
by a third party who is to the best knowledge of AGT in lawful possession thereof andunder no obligation of confidence to YRP; ord)the Personal Data were already known to AGT prior to disclosure without any obligationof confidence to YRP; ore)

AGT is required to disclose the Personal Data in order to comply with applicable laws or
regulations or with a court or administrative order, subject to the provisions of § 6 (3) ofthis Agreement.

(3)

If either Party becomes aware that it will be required, or is likely to be required, to disclose any
Personal Data in order to comply with applicable laws or regulations or with a court oradministrative order, it shall, to the extent it is lawfully able to do so, prior to any suchdisclosure (i) notify the other Party and (ii) cooperate with the other Party reasonably toprotect the confidentiality of the Personal Data to the extent possible. This provision shall be
without prejudice to § 4 of this Agreement.

(4)

AGT shall be entitled to make publications with respect to any intellectual property, knowledge,
and/or other results created and/or conceived based on or related to the use, analysis and/orinterpretation of the Personal Data. However, AGT shall not disclose the Personal Data as such,but only in anonymized or aggregated form. Furthermore, AGT agrees to acknowledge in any
such publication that YRP has collected the Personal Data and to declare in any such publicationthat YRP and its employees does not bear any responsibility for further analysis and/orinterpretation of the Personal Data by AGT.
§7
Liability and Indemnification(1)

AGT acknowledges that YRPa)does not make any warranty or representation, express or implied, as to the accuracy,
quality or comprehensiveness of the Personal Data, except as provided otherwise in thisAgreement; andH2020 EUJ-02-2016

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excludes to the fullest extent permitted by law all liability for actions, claims, proceedings,
demands, losses (including but not limited to loss of profit), costs, damages awards andpayments made by AGT that may arise (whether directly or indirectly) in any way
whatsoever from AGT’s use of the Personal Data, or from the unavailability of, or break inaccess to the Personal Data for whatever reason, except as provided otherwise in thisAgreement.

(2)

YRP hereby warrants and represents that all Data Subjects to whom the Personal Data pertain
have agreed with and signed the informed consent declarations or respectively agreements on
the handling of personal information - as provided in template form in Exhibit 1 - and, as at thedate of making available the Personal Data to AGT, such Data Subjects have not withdrawn theirconsent and/or have not requested the deletion of their Personal Data. Furthermore, to YRP's
best knowledge, the informed consent declarations or respectively the agreement on thehandling of personal information - as provided in template form in Exhibit 1 - obtained by YRP
from the Data Subjects ensure the lawfulness of the collection and processing of the Personal
Data by YRP as well as the transfer and processing of the Personal Data to/by AGT as envisagedby this Agreement under the Japanese data protection laws, including the APPI.

(3)

Unless stipulated differently in this Agreement, each Party shall in all cases be entirely andsolely liable for its own use of the Personal Data, and no Party shall be liable vis-à-vis the otherParty in case of infringement of intellectual property rights of a third party resulting from theother Party's use of the Personal Data. Each Party shall indemnify and hold harmless the otherParty (including the other Party's employees, agents, officers, and directors) against any
liability, damage, loss, or expense (including reasonable attorneys' fees and expenses) of any
kind incurred by or imposed upon any of them in connection with any claims, suits, actions,demands or judgments arising out of any theory of liability (including without limitation
actions in the form of tort, warranty, or strict liability and regardless of whether such action
has any factual basis) relating to and/or arising out ofa)

its breach of any warranty and representation given in this Agreement; orb)

its non-compliance with the data protection laws applicable to the Party's activities
relating to and/or involving the Personal Data; orc)any intentional or negligent breach of any of its obligations under this Agreement.

This indemnification obligation shall not apply if and to the extent that any such third party
claim and/or damage arise out of the gross negligence, intent or bad faith of the other Party or
the other Party's employee, agent, officer, or director who is seeking indemnity hereunder.
§8
Term
(1)

This Agreement shall commence on the date it is signed by both Parties. This Agreement shallremain in force for an indefinite period of time.

(2)

Neither Party shall have an ordinary right to terminate this Agreement. However, each Party
shall retain its right to extraordinarily terminate this Agreement with immediate effect for

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Personal Data pertain, or assists any third party in such activity;b)

grants access to any third party, other than an AGT Affiliate or another CPaaS.io Project
member without having first received YRP's consent as set forth under § 3 (3) of thisAgreement; orc)breaches its confidentiality obligation set forth under § 6 (1) and (2) of this Agreement.

(3)

After the termination of this Agreement AGT shall immediately stop using the Personal Dataand irreversibly delete any copy of the Personal Data and certify the deletion in writing. The
obligation to delete shall not apply to copies of the Personal Data made as a matter of routine
information technology backup, which backup copies shall be deleted in accordance with theordinary backup routine, and to copies of the Personal Data which must be stored by AGT
according to provisions of mandatory law. Furthermore and for the avoidance of doubt, theaforementioned obligation to delete shall not apply to any data and/or data sets in anonymized
or aggregated form resulting or extracted from the Personal Data and any intellectual property,
knowledge and/or other results created and/or conceived by use and/or analysis of the
Personal Data. Said data and/or data sets in anonymized or aggregated form and said
intellectual property, knowledge and/or results shall remain with AGT.

(4)§ 3 (4), § 4, § 5, § 6, § 7, § 8 (3), § 9 (3) and (4) as well as this § 8 (4) of this Agreement shallremain in force after termination of this Agreement.
§9
Mandatory Written Form, Choice of Law(1)

No modification of this Agreement shall be valid and binding unless made in writing and then
only if such modification expressly states that such modification applies to the regulations of
this Agreement. The foregoing shall also apply to any waiver or modification of this mandatory
written form.

(2)

Should one or more provisions of this Agreement be or become invalid or unenforceable, thisshall not affect the validity and enforceability of the remaining provisions of this Agreement.
The same shall apply if the Agreement does not contain an essential provision. In place of theinvalid or unenforceable provision, or to fill a contractual lacuna, such valid and enforceable
provision shall apply which reflects as closely as possible the commercial intention of theParties as regards the invalid, unenforceable or missing provision.

(3)

This Agreement is subject to the laws of the Federal Republic of Germany. The courts in
Darmstadt shall be exclusively competent for any dispute arising out of or in connection withthis Agreement.

(4)

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Agreement, including the collection and storing of the Personal Data by YRP and the transfer
and storing of the Personal Data to/by AGT.

SIGNATURES

Darmstadt, the _____________________(AGT Group (R&D) GmbH)

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Shinagawa, the Director
Ken Sakamura(Ubiquitous Networking Laboratory)

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