Fujitsu Cloud Service HPC: Data Protection Addendum
October 3rd, 2022
This Data Protection Addendum (the "Addendum") forms part of the Fujitsu Cloud Service
HPC: TERMS OF USE (the "Agreement") between the Customer and Fujitsu.
In consideration of the mutual obligation set out in this Addendum, the parties agree that theterms and conditions set out below shall be added as an Addendum to the Agreement, to theextent that the GDPR applies to the Services described in this Addendum or elsewhere in theAgreement (“Processing Services”). Except where the context requires otherwise, referencesin this Addendum to the Agreement are to the Agreement as amended by, and including, thisAddendum.
This Addendum applies only where Fujitsu processes personal data ("Processed Personal
Data") as a processor on behalf of the Customer.
Terms not defined in this Addendum shall have the meaning given to them in the Agreement.
1.

DATA PROCESSING

1.1

Defined terms
In this Addendum:
1.1.1

the terms "controller", "data subject(s)", "personal data", "process","processing" and "processor" when used in this Addendum have the same
meanings as in the GDPR (and their cognates are to be interpreted accordingly);

1.1.2

the following terms have the following meanings:

1.1.3

1.2

(a)

"Applicable Privacy Law" means the GDPR or another applicable law
or binding regulation on data protection or data privacy;(b)"GDPR" means General Data Protection Regulation (EU) 2016/679;(c)"Services" means the services provided or to be provided or procuredby the Customer under the Agreement; and(d)"Sub-Processor" has the meaning given in clause 1.5.1; andthe word "including" and its cognates are to be construed without limitation.

Processing Instructions
1.2.1

Fujitsu will only process the Processed Personal Data, and in particular onlytransfer any Processed Personal Data whose transfer is subject to the data
privacy laws of the European Economic Area or the United Kingdom,
respectively, to a country or territory outside that geographical area, including
any transfer within a country or territory outside that geographical area, on the
Customer's documented instructions.

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1.3

1.2.2

The Customer hereby instructs Fujitsu to process the Processed Personal Data
(including, without limitation, a transfer) as Fujitsu reasonably consider
necessary to the performance of the Processing Services.

1.2.3

The Customer hereby irrevocably authorises Fujitsu to provide equivalent
instructions to any Sub-Processors on its behalf.

Security Measures
Fujitsu will at all times have in place the technical and organisational security measuresdescribed in Schedule 1 to protect the Processed Personal Data against accidental or
unlawful destruction, loss, alteration, unauthorised disclosure or access. The Customer
confirms that it has reviewed those security measures, taking into account the state of
the art, the costs of implementation and the nature, scope, context and purposes of theprocessing that Fujitsu will carry out on its behalf, and concluded that they areappropriate to the risks of varying likelihood and severity for the rights and freedoms
of individuals that are presented by the processing.

1.4

Co-operation and Reasonable Assistance
1.4.1

1.4.2

1.5

Fujitsu will:(a)take appropriate technical and organisational measures, insofar as ispossible, to assist the Customer in responding to requests from data
subjects for access to or rectification, erasure or portability of Processed
Personal Data or for restriction of processing or objections to processingof Processed Personal Data (but Fujitsu will not itself respond to any
such data subject request except on the Customer's written instructions);
and

(b)

give the Customer such assistance as it reasonably requests and Fujitsu
is reasonably able to provide to ensure compliance with the Customer's
security, data breach notification, impact assessment and data protection
or data privacy authority consultation obligations under the applicabledata privacy laws of the European Economic Area or the United
Kingdom, taking into account the information available to Fujitsu.

Fujitsu may charge the Customer in accordance with the Agreement for timespent and expenses incurred in providing the Customer with co-operation andassistance as required by this clause 1.4.

Sub-Processors and Employees
1.5.1

The Customer hereby provides consent for Fujitsu to engage other processors("Sub-Processors") to process the Processed Personal Data where Fujitsu isrequired to do so in order to provide the Processing Services. Where a SubProcessor is appointed in accordance with this clause 1.5.1, the Customer
hereby authorises Fujitsu to provide equivalent instructions of those set out inclause 1.2 to any Sub-Processors on its behalf. Fujitsu will ensure that any SubProcessor is party to a written agreement binding on it with regard to the2Customer as controller and imposing obligations which are required under
Article 28(3) of the GDPR.
1.5.2

1.6

Fujitsu will ensure that all of its employees authorised to have access to (orotherwise to process) the Processed Personal Data have committed themselvesto confidentiality on appropriate terms or are under an appropriate statutory
obligation of confidentiality.

Audit
1.6.1

Subject to clauses 1.6.2 and 1.6.3, and on reasonable advance written notice,
Fujitsu will make available to the Customer such information as it reasonably
requests and Fujitsu is reasonably able to provide, and, permit and contribute tosuch reasonable audits, including inspections, conducted by the Customer (orits appointed auditors), as reasonably necessary to demonstrate Fujitsu's
compliance with this clause 1.

1.6.2

The Customer will make (and ensure that its auditors make) all reasonableendeavours to avoid causing (or, if it cannot avoid, to minimise) any damage,injury or disruption to Fujitsu's premises, equipment, personnel and businesswhile the Customer's or its auditors' personnel are on Fujitsu's premises in thecourse of such an audit or inspection. Fujitsu need not give access to its premises
for the purposes of such an audit or inspection:(a)to any individual unless he or she produces reasonable evidence ofidentity and authority;(b)outside normal business hours at those premises, unless the audit orinspection needs to be conducted on an emergency basis and theCustomer has given prior written notice to Fujitsu that this is the case;or(c)for the purposes of more than one audit or inspection in any calendar
year, except for any additional audits or inspections which:(i)the Customer reasonably considers necessary because of genuine
concerns as to Fujitsu's compliance with this clause 1; or(ii)

the Customer is required or requested to carry out by applicablelaw or a competent data privacy authority,

where the Customer has identified its concerns or the relevant
requirement or request in reasonable detail in its notice to Fujitsu of theaudit or inspection.
1.6.3

Clause 1.6.1 does not require Fujitsu to disclose to the Customer or its auditors
any information disclosed to Fujitsu in confidence by, or otherwise held by
Fujitsu in confidence on behalf of, any of its other customers or any other person.

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1.7

1.8

Deletion or Return of Processed Personal Data
1.7.1

Subject to clause 1.7.2, when provision of the Processing Services is complete,or earlier if the Customer withdraws its instructions, Fujitsu will as soon as ispracticable delete (or return to the Customer, at its option - to be exercised by
written notice before the earlier of completion of provision of the Processing
Services and withdrawal of its instructions) any Processed Personal Data in
Fujitsu's possession or under its control which is subject to the data privacy lawsof the European Economic Area or the United Kingdom.

1.7.2

However, clause 1.7.1 does not require Fujitsu to delete or return Processed
Personal Data which it is required to retain by the law or regulation of a member
state of the European Economic Area or the United Kingdom (as the case maybe) or any copies of Processed Personal Data which it is not technicallypracticable for Fujitsu to locate and delete or return.

International Data Transfers
1.8.1

The Customer (for itself and as agent for its affiliates) (as data exporter) andFujitsu (as data importer) hereby enter into a data transfer agreement in the form
set out in Schedule 2 (Form of Data Transfer Agreement) in relation to transfersof Processed Personal Data from the Customer to Fujitsu.

1.8.2

The Customer acknowledges that Fujitsu may use Sub-Processors, including its
own affiliates, outside the EEA to process the Processed Personal Data.

1.8.3

Before Fujitsu or any of its Sub-Processors transfers (or requires the Customer
in the receipt of the Services to transfer) any Processed Personal Data subject to
the GDPR or any Applicable Privacy Laws of the EEA to a Sub-Processor in acountry or territory outside that geographical area, Fujitsu shall ensure that:

1.8.4

(a)

that country or territory has been decided to ensure adequate protection
for personal data (or categories of personal data which include those
Processed Personal Data) in accordance with the GDPR; or(b)

Fujitsu, as agent for the Customer, has entered into a data transfer
agreement with the Sub-Processor in an appropriate form approved by
the relevant competent body under the GDPR as providing appropriate
safeguards to protect personal data and populated so that it applies to thetransfer.

The Customer hereby irrevocably authorises Fujitsu to enter into data transfer
agreements as referred to in clause 1.8.3(b) as agent on behalf of the Customer,
including by ratification of Fujitsu having entered into such agreements before
the date of the Agreement.

2.

GOVERNING LAW AND JURISDICTION

2.1

The parties submit to the choice of jurisdiction stipulated in the Agreement withrespect to any disputes or claims howsoever arising under this Addendum, including4

disputes regarding its existence, validity or termination or the consequences of its
nullity.
2.2This Addendum and all non-contractual or other obligations arising out of or inconnection with it are governed by the laws of the country or territory stipulated forthe equivalent purpose in the Agreement.

3.

ORDER OF PRECEDENCE

3.1

Except as modified by this Addendum, the terms of the Agreement shall remain in
full force and effect.

3.2

Nothing in this Addendum reduces Customer's or any other of its affiliates'
obligations under the Agreement in relation to the protection of personal data or
permits Customer or any of its affiliates to process (or permit the processing of)personal data in a manner which is prohibited by the Agreement.

3.3

Subject to clause 3.2, with regard to the subject matter of this Addendum, in the eventof inconsistencies between the provisions of this Addendum and any other agreements
between the parties, including the Agreement, the provisions of this Addendum shallprevail.

4.

SEVERANCE
Should any provision of this Addendum be invalid or unenforceable, then the remainderof this Addendum shall remain valid and in force. The invalid or unenforceable
provision shall be either (i) amended as necessary to ensure its validity andenforceability, while preserving the parties’ intentions as closely as possible or, if thisis not possible, (ii) construed in a manner as if the invalid or unenforceable part had
never been contained therein.

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SCHEDULE 1
SECURITY MEASURES
Information Classification and Access Control
Fujitsu regards information required to conduct its business as a corporate asset, which must
be protected against loss and infringements on integrity and confidentiality. Eachorganizational unit assess risks by policy to information assets and periodically check the levelof security through security reviews.
Information is classified based on the nature of such information, such as Tier One Information,
Fujitsu Information, Third-Party Information, Internal Use Only Information, and PublicInformation, and each classification controls appropriate levels of security (e.g., encryption ofdata classified as restricted or confidential).
All employees of Fujitsu are assigned unique User-IDs. Only authorized individuals grant,
modify, or revoke access to an information system that uses or houses personal data, and accessmay be granted for valid business purposes only.
User administration procedures define user roles and their privileges, how access is granted,
changed and terminated; address appropriate segregation of duties; and define thelogging/monitoring requirements and mechanisms. Fujitsu maintains commercially reasonablephysical and electronic security measures to create and protect passwords.

System Integrity and Availability
Fujitsu maintains network security using commercially available equipment and industry
standard techniques, including firewalls, intrusion detection and/or prevention systems, access
control lists and routing protocols.
In the event of degradation or failure of the information infrastructure, Fujitsu implements
appropriate disaster recovery and business resumption plans. Back-up copies of criticalbusiness information and software are created regularly and tested to ensure recovery. Fujitsu
reviews and assesses periodically the Business Continuity Plan.
IT Security Controls are appropriately logging and monitoring to enable recording of IT
security related actions.

Virus and Malware Controls
Fujitsu maintains anti-virus and malware protection software on its system.

Security Incidents
All personnel of Fujitsu report any observed or suspected Personal Information security
incidents in accordance with appropriate incident reporting procedures.

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Physical Security
Fujitsu maintains commercially reasonable security systems at all Fujitsu sites at which an
information system that uses or houses Personal Information is located. Secured areas employ
various physical security safeguards, including use of security badges (identity controlled
access) and security guards stationed at entry and exit points. Visitors may only be provided
access where authorized.

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SCHEDULE 2
FORM OF DATA TRANSFER AGREEMENT
Standard contractual clauses for the transfer of personal data from the Community to third
countries: Controller to Processor - Module Two

Name of the data exporting organisation:
Address:
hereinafter “Customer”

andName of the data importing organisation: Fujitsu Limited
Address:
hereinafter “data importer”

each a “party”; together “the parties”.

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SECTION I
Clause 1
Purpose and Scope(a) The purpose of these standard contractual clauses is to ensure compliance with therequirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing of personal
data and on the free movement of such data (General Data Protection Regulation) for thetransfer of personal data to a third country.
(b) The Parties:(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies(hereinafter ‘entity/ies’) transferring the personal data, as listed in Annex I.A.
(hereinafter each ‘data exporter’), and(ii) the entity/ies in a third country receiving the personal data from the data exporter,
directly or indirectly via another entity also Party to these Clauses, as listed in Annex
I.A. (hereinafter each ‘data importer’)have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral
part of these Clauses.
Clause 2
Effect and invariability of the Clauses(a) These Clauses set out appropriate safeguards, including enforceable data subject rights andeffective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU)2016/679 and, with respect to data transfers from controllers to processors and/or processors
to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU)2016/679, provided they are not modified, except to select the appropriate Module(s) or to add
or update information in the Appendix. This does not prevent the Parties from including thestandard contractual clauses laid down in these Clauses in a wider contract and/or to add otherclauses or additional safeguards, provided that they do not contradict, directly or indirectly,
these Clauses or prejudice the fundamental rights or freedoms of data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject byvirtue of Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against
the data exporter and/or data importer, with the following exceptions:(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;9

(ii) Clause 8.1 (b), 8.9 (a), (c), (d) and (e);(iii) Clause 9 (a), (c), (d) and (e)(iv) Clause 12 (a), (d) and (f);(v) Clause 13;(vi) Clause 15.1 (c), (d) and (e);(vii) Clause 16 (e);(viii) Clause 18 (a) and (b);(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU)2016/679.
Clause 4
Interpretation(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms
shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU)2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations
provided for in Regulation (EU) 2016/679.
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements
between the Parties, existing at the time these Clauses are agreed or entered into thereafter,these Clauses shall prevail.
Clause 6
Description of the transfer(s)The details of the transfer(s), and in particular the categories of personal data that aretransferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7
Docking Clause(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede
to these Clauses at any time, either as a data exporter or as a data importer, by completing the
Appendix and signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shallbecome a Party to these Clauses and have the rights and obligations of a data exporter or data
importer in accordance with its designation in Annex I.A.

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(c) The acceding entity shall have no rights or obligations arising under these Clauses from theperiod prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer
is able, through the implementation of appropriate technical and organisational measures, tosatisfy its obligations under these Clauses.
8.1 Instructions(a) The data importer shall process the personal data only on documented instructions from thedata exporter. The data exporter may give such instructions throughout the duration of thecontract.
(b) The data importer shall immediately inform the data exporter if it is unable to follow those
instructions.
8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer,as set out in Annex I. B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix ascompleted by the Parties, available to the data subject free of charge. To the extent necessary
to protect business secrets or other confidential information, including the measures describedin Annex II and personal data, the data exporter may redact part of the text of the Appendix tothese Clauses prior to sharing a copy, but shall provide a meaningful summary where the data
subject would otherwise not be able to understand its content or exercise his/her rights. On
request, the Parties shall provide the data subject with the reasons for the redactions, to theextent possible without revealing the redacted information. This Clause is without prejudice tothe obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has
become outdated, it shall inform the data exporter without undue delay. In this case, the data
importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data
Processing by the data importer shall only take place for the duration specified in Annex I.B.
After the end of the provision of the processing services, the data importer shall, at the choiceof the data exporter, delete all personal data processed on behalf of the data exporter and certify
to the data exporter that it has done so, or return to the data exporter all personal data processed11

on its behalf and delete existing copies. Until the data is deleted or returned, the data importer
shall continue to ensure compliance with these Clauses. In case of local laws applicable to thedata importer that prohibit return or deletion of the personal data, the data importer warrantsthat it will continue to ensure compliance with these Clauses and will only process it to theextent and for as long as required under that local law. This is without prejudice to Clause 14,
in particular the requirement for the data importer under Clause 14(e) to notify the data exporter
throughout the duration of the contract if it has reason to believe that it is or has become subject
to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing(a) The data importer and, during transmission, also the data exporter shall implement
appropriate technical and organisational measures to ensure the security of the data, including
protection against a breach of security leading to accidental or unlawful destruction, loss,
alteration, unauthorised disclosure or access to that data (hereinafter ‘personal data breach’).
In assessing the appropriate level of security, the Parties shall take due account of the state of
the art, the costs of implementation, the nature, scope, context and purpose(s) of processing
and the risks involved in the processing for the data subjects. The Parties shall in particularconsider having recourse to encryption or pseudonymisation, including during transmission,
where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation,
the additional information for attributing the personal data to a specific data subject shall, where
possible, remain under the exclusive control of the data exporter. In complying with its
obligations under this paragraph, the data importer shall at least implement the technical andorganisational measures specified in Annex II. The data importer shall carry out regular checks
to ensure that these measures continue to provide an appropriate level of security.
(b) The data importer shall grant access to the personal data to members of its personnel only
to the extent strictly necessary for the implementation, management and monitoring of thecontract. It shall ensure that persons authorised to process the personal data have committed
themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
(c) In the event of a personal data breach concerning personal data processed by the data
importer under these Clauses, the data importer shall take appropriate measures to address thebreach, including measures to mitigate its adverse effects. The data importer shall also notify
the data exporter without undue delay after having become aware of the breach. Such
notification shall contain the details of a contact point where more information can be obtained,a description of the nature of the breach (including, where possible, categories and approximate
number of data subjects and personal data records concerned), its likely consequences and themeasures taken or proposed to address the breach including, where appropriate, measures tomitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all
information at the same time, the initial notification shall contain the information then available
and further information shall, as it becomes available, subsequently be provided without undue
delay.
(d) The data importer shall cooperate with and assist the data exporter to enable the data
exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify
the competent supervisory authority and the affected data subjects, taking into account thenature of processing and the information available to the data importer.
8.7 Sensitive data12

Where the transfer involves personal data revealing racial or ethnic origin, political opinions,religious or philosophical beliefs, or trade union membership, genetic data, or biometric data
for the purpose of uniquely identifying a natural person, data concerning health or a person’s
sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter‘sensitive data’), the data importer shall apply the specific restrictions and/or additionalsafeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented
instructions from the data exporter. In addition, the data may only be disclosed to a third party
located outside the European Union (in the same country as the data importer or in anotherthird country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these
Clauses, under the appropriate Module, or if:(i) the onward transfer is to a country benefitting from an adequacy decision pursuant
to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or
47 Regulation of (EU) 2016/679 with respect to the processing in question;(iii) the onward transfer is necessary for the establishment, exercise or defence of legal
claims in the context of specific administrative, regulatory or judicial proceedings; or(iv) the onward transfer is necessary in order to protect the vital interests of the data
subject or of another natural person.
Any onward transfer is subject to compliance by the data importer with all the other safeguards
under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance(a) The data importer shall promptly and adequately deal with enquiries from the data exporterthat relate to the processing under these Clauses.
(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, thedata importer shall keep appropriate documentation on the processing activities carried out onbehalf of the data exporter.
(c) The data importer shall make available to the data exporter all information necessary todemonstrate compliance with the obligations set out in these Clauses and at the data exporter’s
request, allow for and contribute to audits of the processing activities covered by these Clauses,
at reasonable intervals or if there are indications of non- compliance. In deciding on a review
or audit, the data exporter may take into account relevant certifications held by the data
importer.
(d) The data exporter may choose to conduct the audit by itself or mandate an independent
auditor. Audits may include inspections at the premises or physical facilities of the data
importer and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in paragraphs (b) and (c), including theresults of any audits, available to the competent supervisory authority on request.

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Clause 9
Use of sub-processors(a) SPECIFIC PRIOR AUTHORISATION: The data importer shall not sub-contract any of its
processing activities performed on behalf of the data exporter under these Clauses to a subprocessor without the data exporter’s prior specific written authorisation. The data importer
shall submit the request for specific authorisation at least 30 days prior to the engagement of
the sub-processor, together with the information necessary to enable the data exporter to decideon the authorisation. The list of sub-processors already authorised by the data exporter can befound in Annex III. The Parties shall keep Annex III up to date.
(b) Where the data importer engages a sub-processor to carry out specific processing activities(on behalf of the data exporter), it shall do so by way of a written contract that provides for, in
substance, the same data protection obligations as those binding the data importer under these
Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree
that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8.
The data importer shall ensure that the sub-processor complies with the obligations to which
the data importer is subject pursuant to these Clauses.
(c) The data importer shall provide, at the data exporter’s request, a copy of such a subprocessor agreement and any subsequent amendments to the data exporter. To the extent
necessary to protect business secrets or other confidential information, including personal data,
the data importer may redact the text of the agreement prior to sharing a copy.
(d) The data importer shall remain fully responsible to the data exporter for the performance ofthe sub-processor’s obligations under its contract with the data importer. The data importer
shall notify the data exporter of any failure by the sub-processor to fulfil its obligations underthat contract.
(e) The data importer shall agree a third-party beneficiary clause with the sub-processor
whereby – in the event the data importer has factually disappeared, ceased to exist in law or
has become insolvent – the data exporter shall have the right to terminate the sub-processor
contract and to instruct the sub-processor to erase or return the personal data.
Clause 10
Data subject rights(a) The data importer shall promptly notify the data exporter of any request it has received froma data subject. It shall not respond to that request itself unless it has been authorised to do soby the data exporter.
(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data
subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard,
the Parties shall set out in Annex II the appropriate technical and organisational measures,
taking into account the nature of the processing, by which the assistance shall be provided, as
well as the scope and the extent of the assistance required.

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(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with
the instructions from the data exporter.

Clause 11
Redress(a) The data importer shall inform data subjects in a transparent and easily accessible format,
through individual notice or on its website, of a contact point authorised to handle complaints.
It shall deal promptly with any complaints it receives from a data subject.
(b) In case of a dispute between a data subject and one of the Parties as regards compliancewith these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely
fashion. The Parties shall keep each other informed about such disputes and, where appropriate,
cooperate in resolving them.
(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data
importer shall accept the decision of the data subject to:(i) lodge a complaint with the supervisory authority in the Member State of his/her
habitual residence or place of work, or the competent supervisory authority pursuant toClause 13;(ii) refer the dispute to the competent courts within the meaning of Clause 18.
(d) The Parties accept that the data subject may be represented by a not-for-profit body,organisation or association under the conditions set out in Article 80(1) of Regulation (EU)2016/679.
(e) The data importer shall abide by a decision that is binding under the applicable EU or
Member State law.
(f) The data importer agrees that the choice made by the data subject will not prejudice his/her
substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12
Liability(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies
by any breach of these Clauses.
(b) The data importer shall be liable to the data subject, and the data subject shall be entitled toreceive compensation, for any material or non-material damages the data importer or its subprocessor causes the data subject by breaching the third-party beneficiary rights under these
Clauses.
(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and thedata subject shall be entitled to receive compensation, for any material or non-material damages
the data exporter or the data importer (or its sub- processor) causes the data subject by15

breaching the third-party beneficiary rights under these Clauses. This is without prejudice tothe liability of the data exporter and, where the data exporter is a processor acting on behalf ofa controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation(EU) 2018/1725, as applicable.
(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages
caused by the data importer (or its sub-processor), it shall be entitled to claim back from thedata importer that part of the compensation corresponding to the data importer’s responsibility
for the damage.
(e) Where more than one Party is responsible for any damage caused to the data subject as aresult of a breach of these Clauses, all responsible Parties shall be jointly and severally liable
and the data subject is entitled to bring an action in court against any of these Parties.
(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled toclaim back from the other Party/ies that part of the compensation corresponding to its/their
responsibility for the damage.
(g)The data importer may not invoke the conduct of a sub-processor to avoid its own liability.

Clause13
Supervision(a) [Where the data exporter is established in an EU Member State:] The supervisory authority
with responsibility for ensuring compliance by the data exporter with Regulation (EU)2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competentsupervisory authority.
[Where the data exporter is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2)and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679:]
The supervisory authority of the Member State in which the representative within the meaningof Article 27(1) of Regulation (EU) 2016/679 is established, as indicated in Annex I.C, shallact as competent supervisory authority.
[Where the data exporter is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2)without however having to appoint a representative pursuant to Article 27(2) of Regulation(EU) 2016/679:] The supervisory authority of one of the Member States in which the data
subjects whose personal data is transferred under these Clauses in relation to the offering ofgoods or services to them, or whose behaviour is monitored, are located, as indicated in Annex
I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with thecompetent supervisory authority in any procedures aimed at ensuring compliance with these
Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits andcomply with the measures adopted by the supervisory authority, including remedial and16compensatory measures. It shall provide the supervisory authority with written confirmationthat the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY
PUBLIC AUTHORITIESClause14
Local laws and practices affecting compliance with the Clauses(a) The Parties warrant that they have no reason to believe that the laws and practices in thethird country of destination applicable to the processing of the personal data by the data
importer, including any requirements to disclose personal data or measures authorising accessby public authorities, prevent the data importer from fulfilling its obligations under these
Clauses. This is based on the understanding that laws and practices that respect the essence ofthe fundamental rights and freedoms and do not exceed what is necessary and proportionate ina democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation(EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due
account in particular of the following elements:(i) the specific circumstances of the transfer, including the length of the processing
chain, the number of actors involved and the transmission channels used; intended
onward transfers; the type of recipient; the purpose of processing; the categories andformat of the transferred personal data; the economic sector in which the transfer occurs;
the storage location of the data transferred;(ii) the laws and practices of the third country of destination– including those requiring
the disclosure of data to public authorities or authorising access by such authorities –
relevant in light of the specific circumstances of the transfer, and the applicable
limitations and safeguards;(iii) any relevant contractual, technical or organisational safeguards put in place tosupplement the safeguards under these Clauses, including measures applied duringtransmission and to the processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has
made its best efforts to provide the data exporter with relevant information and agrees that it
will continue to cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available tothe competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these
Clauses and for the duration of the contract, it has reason to believe that it is or has become
subject to laws or practices not in line with the requirements under paragraph (a), including
following a change in the laws of the third country or a measure (such as a disclosure request)

17

indicating an application of such laws in practice that is not in line with the requirements inparagraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise hasreason to believe that the data importer can no longer fulfil its obligations under these Clauses,
the data exporter shall promptly identify appropriate measures (e.g. technical or organisational
measures to ensure security and confidentiality) to be adopted by the data exporter and/or data
importer to address the situation. The data exporter shall suspend the data transfer if it considers
that no appropriate safeguards for such transfer can be ensured, or if instructed by thecompetent supervisory authority to do so. In this case, the data exporter shall be entitled toterminate the contract, insofar as it concerns the processing of personal data under these
Clauses. If the contract involves more than two Parties, the data exporter may exercise thisright to termination only with respect to the relevant Party, unless the Parties have agreed
otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shallapply.

Clause15
Obligations of the data importer in case of access by public authorities
15.1 Notification(a) The data importer agrees to notify the data exporter and, where possible, the data subject
promptly (if necessary, with the help of the data exporter) if it:(i) receives a legally binding request from a public authority, including judicial
authorities, under the laws of the country of destination for the disclosure of personal
data transferred pursuant to these Clauses; such notification shall include information
about the personal data requested, the requesting authority, the legal basis for therequest and the response provided; or(ii) becomes aware of any direct access by public authorities to personal data transferredpursuant to these Clauses in accordance with the laws of the country of destination;such notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject
under the laws of the country of destination, the data importer agrees to use its best efforts toobtain a waiver of the prohibition, with a view to communicating as much information as
possible, as soon as possible. The data importer agrees to document its best efforts in order tobe able to demonstrate them on request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees toprovide the data exporter, at regular intervals for the duration of the contract, with as much
relevant information as possible on the requests received (in particular, number of requests,
type of data requested, requesting authority/ies, whether requests have been challenged and theoutcome of such challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for
the duration of the contract and make it available to the competent supervisory authority on
request.

18

(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant
to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply
with these Clauses.
15.2 Review of legality and data minimisation(a) The data importer agrees to review the legality of the request for disclosure, in particularwhether it remains within the powers granted to the requesting public authority, and tochallenge the request if, after careful assessment, it concludes that there are reasonable grounds
to consider that the request is unlawful under the laws of the country of destination, applicableobligations under international law and principles of international comity. The data importer
shall, under the same conditions, pursue possibilities of appeal. When challenging a request,
the data importer shall seek interim measures with a view to suspending the effects of therequest until the competent judicial authority has decided on its merits. It shall not disclose thepersonal data requested until required to do so under the applicable procedural rules. These
requirements are without prejudice to the obligations of the data importer under Clause 14 (e).
(b) The data importer agrees to document its legal assessment and any challenge to the request
for disclosure and, to the extent permissible under the laws of the country of destination, makethe documentation available to the data exporter. It shall also make it available to the competentsupervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when
responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause16
Non-compliance with the Clauses and termination(a) The data importer shall promptly inform the data exporter if it is unable to comply withthese Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply withthese Clauses, the data exporter shall suspend the transfer of personal data to the data importer
until compliance is again ensured or the contract is terminated. This is without prejudice toClause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns theprocessing of personal data under these Clauses, where:(i) the data exporter has suspended the transfer of personal data to the data importer
pursuant to paragraph (b) and compliance with these Clauses is not restored within areasonable time and in any event within one month of suspension;(ii) the data importer is in substantial or persistent breach of these Clauses; or(iii) the data importer fails to comply with a binding decision of a competent court orsupervisory authority regarding its obligations under these Clauses.

19

In these cases, it shall inform the competent supervisory authority of such non- compliance.
Where the contract involves more than two Parties, the data exporter may exercise this right totermination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant toparagraph (c) shall at the choice of the data exporter immediately be returned to the data
exporter or deleted in its entirety. The same shall apply to any copies of the data. The data
importer shall certify the deletion of the data to the data exporter. Until the data is deleted or
returned, the data importer shall continue to ensure compliance with these Clauses. In case of
local laws applicable to the data importer that prohibit the return or deletion of the transferredpersonal data, the data importer warrants that it will continue to ensure compliance with these
Clauses and will only process the data to the extent and for as long as required under that local
law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European
Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 thatcovers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU)2016/679 becomes part of the legal framework of the country to which the personal data istransferred. This is without prejudice to other obligations applying to the processing in question
under Regulation (EU) 2016/679.

Clause17
Governing law
These Clauses shall be governed by the law of one of the EU Member States, provided suchlaw allows for third-party beneficiary rights. The Parties agree that this shall be the law ofGermany.

Clause18
Choice of forum and jurisdiction(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member
State.
(b) The Parties agree that those shall be the courts of Germany.
(c) A data subject may also bring legal proceedings against the data exporter and/or data
importer before the courts of the Member State in which he/she has his/her habitual residence.
(d) The Parties agree to submit themselves to the jurisdiction of such courts.

20

Annex I

A. LIST OF PARTIES
Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their dataprotection officer and/or representative in the European Union]
1. Name:Address:
Contact person’s name, position and contact details:
Activities relevant to the data transferred under these Clauses:
Signature and date: Effective date of the Agreement
Role: Controller
2.
Data importer(s): [Identity and contact details of the data importer(s), including any contact person withresponsibility for data protection]

1. Name: Fujitsu Limited
Address: JR Kawasaki Tower, 1-5, Omiya-cho, Saiwai-ku, Kawasaki-shi, Japan
Contact person’s name, position and contact
details: .....................................................................
Supportdesk Contactline
https://inquiry.nifcloud.com/webeq/pub/cloud/support-hpc-trouble

Activities relevant to the data transferred under these Clauses: Communication, Hosting Data,
Analysing system or any other machine logs
Signature and date: Effective date of the Agreement
Role: Processor

21

B. DESCRIPTION OF TRANSFER
1. Categories of data subjects whose personal data is transferred ((multiple selections
possible)
Service customer (Natural Person), including- Signer who signed up Fujitsu Cloud Service HPC as a customer.
- Manager assigned by the signer.
- Engineer assigned by the signer.

2. Categories of personal data transferred (multiple selections possible)- Natural person’s e-mail address, login ID/password associated with the e-mail address,and his/her contact information.

3. Sensitive data transferred (if applicable) (multiple selections possible)
N/A

4. The frequency of the transfer
Anytime

5. Nature of the processing (multiple selections possible)-

Add/Modify/Remove personal information, as a personal data, into/from Fujitsu Cloud
Service HPC account management system.

6. Purpose(s) of the data transfer and further processing-

Verify and authenticate ID and password entered by the customer, to authorize access to
Fujitsu Cloud Service HPC.
Use e-mail address and/or contact information to contact customer (service update announcement, technical support, QA, etc.)

7. The period for which the personal data will be retained, or, if that is not possible, thecriteria used to determine that period22-

Until customer cancels use of Fujitsu Cloud Service HPC, or
The signer/manager/engineer removes his/her ID and contact information, or
Fujitsu permanently terminated Fujitsu Cloud Service HPC.

8. For transfers to (sub-) processors, also specify subject matter, nature and duration of
the processing-

Fujitsu Limited-

Sub-processer (described in AnnexⅢ)
C. COMPETENT SUPERVISORY AUTHORITY

Identify the competent supervisory authority/ies in accordance with Clause 13•
Where the data exporter is established in an EU Member State: The supervisory
authority with responsibility for ensuring compliance by the data exporter with Regulation (EU)2016/679 as regards the data transfer shall act as competent supervisory authority.
•
Where the data exporter is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2)and has appointed a representative pursuant to Article 27(1) of Regulation (EU) 2016/679: The
supervisory authority of the Member State in which the representative within the meaning of
Article 27(1) of Regulation (EU) 2016/679 is established shall act as the competent supervisory
authority.
•
Where the data exporter is not established in an EU Member State, but falls within the
territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2)without however having to appoint a representative pursuant to Article 27(2) of Regulation(EU) 2016/679: Dutch Data Protection Authority shall act as the competent supervisory
authority.
•
Where the data exporter is established in the United Kingdom or falls within the
territorial scope of application of UK Data Protection Laws and Regulations, the Information
Commissioner's Office shall act as the competent supervisory authority.

23

ANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDINGTECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY
OF THE DATA

The data importer shall implement such technical and organisational security measures for
Processing of any Personal Data as provided in the Agreement and shall upon written
request from provide evidence of the implementation of such measures.
The data importer must have in place and maintain at least the following technical andorganisational security measures:
Equipment Access Control: The Data importer shall take reasonable technical andorganisational measures to deny unauthorised persons access to processing equipmentused for processing. Unauthorised persons shall be prevented from gaining physicalaccess to premises, buildings or rooms, where data processing systems are locatedwhich process Personal Data; persons are unauthorised if their activity does notcorrespond to tasks assigned to them. Exceptions may be granted for the purpose ofauditing the facilities to third party auditors as long as they are supervised by the Data
importer and do not get access to the Processed Personal Data itself.
The Data importer shall in particular:
Specify authorized individuals
Use an access control process to avoid unauthorized access to office rooms
Have a access control process to restrict access to data center/rooms were servers arelocatedUse video surveillance and alarm devices with reference to access areas
Personnel without access authorization (e.g. technicians, cleaning personnel) has to beaccompanied all times[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]- Specify authorized individuals- Use an access control process to avoid unauthorized access to office rooms- Have an access control process to restrict access to data center/rooms where servers arelocated- Use video surveillance and alarm devices with reference to access areas- Personnel without access authorization (e.g. technicians, cleaning personnel) has to beaccompanied all times
We confirm the measures as listed above (2.1. a-e)24

Data Media Control: The Data importer shall take reasonable technical and organisational toprevent the unauthorised reading, copying, modification or removal of data media.
The Data importer shall in particular:
store data media in secured areas
establish rules for the safe and permanent destruction of data media that are no longer
required
only grant Data importer personnel and its Sub-Contractors' directors, officers,
employees, agents, permitted subcontractors and assigns minimal permissions
to access data media as needed to fulfil their function[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]-

Prohibit use and/or transfer of removal data media.
Establish rules for the safe and permanent destruction of data media, that are no longer
required, which is installed into the data centre with secure and restricted access.
Only grant Data importer personnel and its Sub-Contractors' directors, officers,
employees, agents, permitted subcontractors and assigns minimal permissions to accessdata media as needed to fulfil their function
We confirm the measures as listed above (2.2. a-c)

Storage Control: The Data importer shall take reasonable technical and organisational toprevent the unauthorised input of Processed Personal Data and the unauthorised
inspection, modification or deletion of Processed Personal Data. Persons entitled to use
a data processing system shall be able to input and gain access only to the data to which
they have a right of input or access, and Processed Personal Data must not be read,copied, modified or removed without authorization in the course of processing
The Data importer shall in particular:
restrict access to files and programs based on a "need-to-know-basis"store data carriers in secured areas
prevent use/installation of unauthorized hardware and/or software
establish rules for the safe and permanent destruction of data that are no longer required
only grant Data importer personnel and its Sub-Contractors' directors, officers,
employees, agents, permitted subcontractors and assigns minimal permissions
to access data as needed to fulfil their function

25

[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]-

Restrict access to files and programs based on a "need-to-know-basis"
Prevent use/installation of unauthorized hardware and/or software
Establish rules for the safe and permanent destruction of data that are no longer required-

Only grant Data importer personnel and its Sub-Contractors' directors, officers,
employees, agents, permitted subcontractors and assigns minimal permissions to accessdata as needed to fulfil their function
We confirm the measures as listed above (2.3. a-e)

User Control: The Data importer shall take reasonable technical and organisational to preventthe use of automated processing systems by unauthorised persons using data
communication equipment.
The Data importer shall in particular:
take reasonable measures to protect systems processing Processed Personal Dataagainst unauthorised access by means of data communication equipment,
including the deployment of firewalls and intrusion detection systems;
log remote access to systems processing Processed Personal Data;
ensure that the remote access control is supported by an authentication system
only grant Data importer personnel, or its Sub-Contractors' directors, officers,
employees, agents, and assigns remote access to applications which process
Processed Personal Data to the extent they require to fulfil their function
have a proper procedure to deactivate remote access accounts, when user leaves
company or function[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]--

Take reasonable measures to protect systems processing Processed Personal Dataagainst unauthorised access by means of data communication equipment, including the
deployment of firewalls and intrusion detection systems.
Log remote access to systems processing Processed Personal Data.
Ensure that the remote access control is supported by an authentication system
Only grant Data importer personnel, or its Sub-Contractors' directors, officers,
employees, agents, and assigns remote access to applications which process Processed
Personal Data to the extent they require to fulfil their function
Have a proper procedure to deactivate remote access accounts when user leaves
company or function.

26

We confirm the measures as listed above (2.4. a-e)

Data Access Control: The Data importer shall take reasonable technical and organisational toensure that persons authorised to use an automated processing system have access only
to the personal data covered by their access authorisation. Data processing systems must
be prevented from being used without authorization.
The Data importer shall in particular:
ensure that all computer processing Processed Personal Data (incl. remote) are
password protected•

after boot sequences•

when left even for a short period

to prevent someone else from unauthorised access to Processed Personal Data
have dedicated user IDs for authentication against systems user management for every
individualassign individual user passwords for authentication
ensure that the access control is supported by an authentication system, including accessand use of systems by way of remote accessonly grant Data importer personnel, or its Sub-Contractors' directors, officers,
employees, agents, and assigns access to applications which process Processed
Personal Data to the extent they require to fulfil their function
Implement a password policy that prohibits the sharing of passwords, outlines processes
after a disclosure of a password and requires the regular change of passwords
ensure that each computer has a password protected screensaver, that is activated atleast after 10-15 minutes of inactivity
ensure that passwords are always stored in encrypted form
have a proper procedure to deactivate user account, when user leaves company orfunction
have a proper process to adjust administrator permissions, when an administrator leaves
company/function[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]27-All computer processing Processed Personal Data (incl. remote) are password protected• after boot sequences• when left even for a short period
to prevent someone else from unauthorised access to Processed Personal Data-

Have dedicated user IDs for authentication against systems user management for every
individual
Assign individual user passwords for authentication
Access control is supported by an authentication system, including access and use of
systems by way of remote access
Only grant Data importer personnel, or its Sub-Contractors' directors, officers,
employees, agents, and assigns access to applications which process Processed Personal
Data to the extent they require to fulfil their function
Implement a password policy that prohibits the sharing of passwords, outlines processes
after a disclosure of a password and requires the regular change of passwords
Ensure that each computer has a password protected screensaver, that is activated atleast after 5 minutes of inactivity
Passwords are always stored in encrypted form
Have a proper procedure to deactivate user account, when user leaves company orfunction
Have a proper process to adjust administrator permissions when an administrator leaves
company/function-

We confirm the measures as listed above (2.5. a-j)

Communication Control: The Data importer shall maintain adequate records anddocumentation to verify and establish the bodies to which Processed Personal Data havebeen or may be transmitted or made available by the Data importer or any of its SubContractors using data communication equipment.

[Complete and describe your technical and organizational measures you have implemented
in detail.]
Customer services records such as technical support or inquiry have been recorded in theservice tickets (supported by ServiceNow )Input Control: The Data importer shall take reasonable technical and organisational to ensurethat it is subsequently possible to verify and establish which personal data have been
input into automated processing systems and when and by whom the personal data were
input. It shall be possible retrospectively to examine and establish whether and bywhom Processed Personal Data have been entered into data processing systems,
modified or removed (to the extent this is under the Data importer's control).The Data
importer shall in particular, in its and its Sub-Contractor's organisation:
log administrators and user activities

28

permit only authorized personnel to enter and modify any Processed Personal Data
within the scope of their function[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]-

Log administrators and user activities
Permit only authorized personnel to enter and modify any Processed Personal Data
within the scope of their function
We confirm the measures as listed above (2.7. a-b)

Transport Control: The Data importer shall take reasonable technical and organisational toprevent the unauthorised reading, copying, modification or deletion of personal data
during transfers of personal data or during transportation of data media. Except asnecessary for the provision of the Services in accordance with the Main Agreement,
Processed Personal Data must not be read, copied, modified or removed withoutauthorization during transfer or storage and it shall be possible to establish to whom
Processed Personal Data was transferred to and the Data importer shall take reasonablemeasures to protect the confidentiality and integrity of Processed Personal Data duringtransfer and transport.
The Data importer shall in particular:
encrypt data during any transmission using strong and state-of-the-art encryption
algorithms (please describe)transport data carriers in sealed containers
have shipping and delivery notes[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]
N/A (or Data importer and its sub-contractor will never transfer personal data to/from data
media.)
We confirm the measures as listed above (2.8. a-c)29

Recovery: The Data importer shall take reasonable technical and organisational to ensure that
installed systems may, in the case of interruption, be restored.
The Data importer shall in particular:
create back-up copies stored in specially protected environments (to the extent this ispart of the Services)perform regular restore tests from those backups
create contingency plans or business recovery strategies for its own operations
not remove Processed Personal Data from the Data importer's business computers or
premises for any reason (unless the data exporter has specifically authorized
such removal for business purposes).
not use private equipment to perform the Services
run an up to date antivirus solution on computer systems[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]-

Create back-up copies stored in specially protected environments
Create contingency plans or business recovery strategies for its own operations
Not remove Processed Personal Data from the Data importer's business computers or
premises for any reason (unless the data exporter has signed off the service and/or
specifically authorized such removal for business purposes).
Not use private equipment to perform the Services
Run an up to date antivirus solution on computer systems
We confirm the measures as listed above (2.9. a-f)

Reliability: The Data importer shall take reasonable technical and organisational to ensure thatthe functions of the system perform, that the appearance of faults in the functions isreported. Reference is made to the specification of the Service, including service levels
and quality requirements, and the reporting obligations of the Data importer as specified
in the Main Agreement.

Integrity: The Data importer shall take reasonable technical and organisational to ensure that
stored Processed Personal Data cannot be corrupted by means of a malfunctioning of
the system. Reference is made to the specification of the Service, including service
levels and quality requirements, and the reporting obligations of the Data importer as
specified in the Main Agreement.

30

[Complete and describe your technical and organizational measures you have implemented
in detail.]-

The system where the personal data is stored have been implemented with resilient andfault-tolerant capability.

Contractual Control: Processed Personal Data being processed on commission shall beprocessed solely in accordance with the Main Agreement and related instructions. The
Data importer will carry out the Services and, in particular, the data processing services
for Processed Personal Data only in accordance with given instructions, and will
instruct its personnel and Sub-Contractors involved in the processing of Processed
Personal Data accordingly:
The Data importer shall in particular:
establish controls of the contractual performancework according to written instructions or contracts
process the Processed Personal Data received from different clients to ensure that ineach step of the processing the data controller of the Processed Personal Data
can be identified (physical or logical separation of data)[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]-

Establish controls of the contractual performance
Work according to written instructions or contracts-

Process the Processed Personal Data received from different clients to ensure that ineach step of the processing the data controller of the Processed Personal Data can be
identified (physical or logical separation of data)
We confirm the measures as listed above (2.12. a-c)

Availability Control: Processed Personal Data shall be protected against disclosure,accidental or unauthorized destruction or loss.
The Data importer shall in particular:
create back-up copies stored in specially protected environments (to the extent this ispart of the Services)
create contingency plans or business recovery strategies for its own operations

31

not use Processed Personal Data for any purpose other than what have been contracted
to perform
not remove Processed Personal Data from the Data importer's business computers or
premises for any reason (unless the date exporter has specifically authorized
such removal for business purposes).
not use private equipment to perform the Services
whenever a user leaves his desk unattended during the day, and prior to leaving theoffice at the end of the day, he/she must ensure that documents containing
Processed Personal Data are placed in a safe and secure environment such as alocked desk drawer, filing cabinet, or other secured storage space (clean desk)
implement a process for disposal of documents or data carriers containing personal data
have firewalls on network level to prevent unauthorized access to systems and services
on network levelrun an up to date antivirus solution on computer systems[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]--

Create back-up copies stored in specially protected environments (to the extent this ispart of the Services)
Create contingency plans or business recovery strategies for its own operations
Not use Processed Personal Data for any purpose other than what have been contracted
to perform
Not remove Processed Personal Data from the Data importer's business computers or
premises for any reason (unless the date exporter has specifically authorized such
removal for business purposes).
Not use private equipment to perform the Services
Whenever a user leaves his desk unattended during the day, and prior to leaving theoffice at the end of the day, he/she must ensure that documents containing Processed
Personal Data are placed in a safe and secure environment such as a locked desk drawer,
filing cabinet, or other secured storage space (clean desk)
Implement a process for disposal of documents or data carriers containing personal data
Have firewalls on network level to prevent unauthorized access to systems and services
on network level
Run an up to date antivirus solution on computer systems
We confirm the measures as listed above (2.13. a-j)

Separation: The Data importer shall take such technical and organisational measures as set
forth in the Main Agreement to ensure that Processed Personal Data collected for
different purposes can be processed separately. The Data importer shall be entitled torely on the instructions of and information provided by the Customer in this respect, inparticular in relation the types of Processed Personal Data and the purpose of collection.

32

To the extent that any measures required to separate data are not within the Data
importer's obligations under the Main Agreement, the Data importer's obligation to
implement such measures remain subject to agreement on (i) the specification of suchmeasures and (ii) a reasonable remuneration of the Data importer.

[Complete and describe your technical and organizational measures you have implemented
in detail.]-

Personal Data is collected and used for the purpose of authenticate and grant access todata exporter’s business data by log into Fujitsu Cloud Service HPC portal using the ID
associate with the personal data. The data exporter can only access to their business
data.

-

Personal Data (contact information) is used for the purpose of service update
notification and/or technical support /QA communication purpose.

2.15 Organisational Requirements: The internal organisation of the Data importer shallmeet the specific requirements of data protection. In particular, to avoid accidental mixing ofProcessed Personal Data, the Data importer separates other data than that belonging to Data
Exporter by technical and organisational measures from Data Importer data.
The Data importer shall in particular:(a)designate a Data Protection Officers(b)

get the commitment of the employees to maintain confidentiality(c)train staff on data privacy and data security(d)have in place processes for regularly testing, assessing and evaluating theeffectiveness of technical and organizational measures in order to ensure thesecurity of processing(e)have in place measures for certification/assurance of processes and products(f)ensure that an internal IT and IT security governance and management isestablished (e.g. ISO 27001:2013 or later)[Complete and describe your technical and organizational measures you have implemented
in detail or confirm the listed activities above.]
The Data importer:(a) assigns a designate a Data Protection Officers(b) gets the commitment of the employees to maintain confidentiality(c) trains staff on data privacy and data security

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(d) has in place processes for regularly testing, assessing and evaluating theeffectiveness of technical and organizational measures in order to ensure thesecurity of processing(e) has in place measures for certification/assurance of processes and products(f) ensure that an internal IT and IT security governance and management isestablished
We confirm the measures as listed above (2.15. a-f)

For transfers to (sub-) processors, also describe the specific technical and organisational measures
to be taken by the (sub-) processor to be able to provide assistance to the controller and, fortransfers from a processor to a sub-processor, to the data exporter

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ANNEX III – LIST OF SUB-PROCESSORS

The controller has authorised the use of the following sub-processors:
Name: FUJITSU CLOUD TECHNOLOGIES LIMITED
Address:
Address: JR Kawasaki Tower, 1-5, Omiya-cho, Saiwai-ku, Kawasaki-shi, Japan
URL: https://fjct.fujitsu.com/

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Supplementary Provision (April 6th, 2022)
The present Data Protection Addendum is effective from April 6th, 2022.
Supplementary Provision (October 3rd, 2022)
The present Data Protection Addendum is effective from October 3rd, 2022.

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