Data Processing Terms
These CryptoComics Data Processing Terms (including the appendices, “Data Processing Terms”) will apply to the processing of Customer Personal Data. These terms serve as an addendum to the agreement between you (“Customer”) and CryptoComics regarding your use of the CryptoComics service (“Agreement”). Such Agreement may include the CryptoComics Terms of Service or a content license agreement, as applicable to Customer. Please take the time to read these Data Processing Terms carefully.
These Data Processing Terms reflect the parties’ agreement on the terms governing the processing and security of Customer Personal Data in connection with the European Data Protection Legislation.
2.1 In these Data Processing Terms:
“Affiliate,” if not already defined in the Agreement, means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.
“Customer Personal Data” means audio and audiovisual content that is uploaded by Customer to CryptoComics under the terms of the Agreement and processed by CryptoComics on behalf of Customer in CryptoComics’ provision of the Processor Services.
“Data Incident” means a breach of CryptoComics’ security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by CryptoComics. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
“Data Subject Tool” means a tool (if any) made available by CryptoComics to data subjects that enables CryptoComics to respond directly and in a standardized manner to certain requests from data subjects in relation to Customer Personal Data (for example, online advertising settings or an opt-out browser plugin).
“EEA” means the European Economic Area.
“EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“European Data Protection Legislation” means, as applicable: (a) the GDPR; (b) the Federal Data Protection Act of 19 June 1992 (Switzerland); (c) the Brazilian Data Protection General Law (Law No. 13709/2018); and/or (d) any other applicable data protection laws or regulations modeled on the General Data Protection Regulation.
“European or National Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“CryptoComics” means the CryptoComics Entity that is party to your Agreement.
“CryptoComics Affiliate Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).
“CryptoComics Entity” means eComicz, Inc, CryptoComics, or any other Affiliate of eComicz, Inc.
“ISO 27001 Certification” means ISO/IEC 27001:2013 certification or a comparable certification for the Processor Services.
“Notification Email Address” means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means provided by CryptoComics, to receive certain notifications from CryptoComics relating to these Data Processing Terms.
“Processor Services” means the processing of Customer Personal Data in accordance with these Data Processing Terms.
“Security Documentation” means the certificate issued for the ISO 27001 Certification, if any, and any other security certifications or documentation that CryptoComics may make available in respect of the Processor Services.
“Security Measures” has the meaning given in Section 7.1.1 (CryptoComics’ Security Measures).
“Subprocessors” means third parties authorized under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Processor Services and any related technical support.
“Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.
“Third Party Subprocessors” has the meaning given in Section 11.1 (Consent to Subprocessor Engagement).
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force
2.2 The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Data Processing Terms have the meanings given in the GDPR, and the terms “data importer” and “data exporter” have the meanings given in the Standard Contractual Clauses.
2.3 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
2.4 If these Data Processing Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
The term (“Term”) of these Data Processing Terms, and CryptoComics’ provision of the Processor Services, will begin on June 25, 2021 (or the date of the Agreement if after June 25, 202021) (“Terms Effective Date”) and will continue until deletion of all Customer Personal Data by CryptoComics as described in these Data Processing Terms.
4.1 Application of European Data Protection Legislation. These Data Processing Terms will only apply to the extent that the European Data Protection Legislation applies to the processing of Customer Personal Data, including if:
(a) the processing is in the context of the activities of an establishment of Customer in the EEA or the UK; and/or
(b) Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services or the monitoring of their behaviour in the EEA or the UK.
5.1 Roles and Regulatory Compliance; Authorisation.
5.1.1 Processor and Controller Responsibilities.
(a) These Data Processing Terms describe the subject matter and details of the processing of Customer Personal Data;
(b) CryptoComics is a processor of Customer Personal Data under the Data Protection Legislation;
(c) Customer is a controller or processor, as applicable, of Customer Personal Data under the Data Protection Legislation; and
(d) each party will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Customer Personal Data.
5.1.2 Authorisation by Third Party Controller. If Customer is a processor, Customer warrants to CryptoComics that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of CryptoComics as another processor, have been authorised by the relevant controller.
5.2 Customer’s Instructions. Customer instructs CryptoComics to process Customer Personal Data only in accordance with applicable law and these Data Processing Terms: (a) to provide the Processor Services and any related technical support; (b) as further specified via Customer’s use of the Processor Services (including in the settings and other functionality of the Processor Services) and any related technical support; and (c) as documented in the form of the Agreement, including these Data Processing Terms.
5.3 CryptoComics’ Compliance with Instructions. CryptoComics will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless European or National Laws to which CryptoComics is subject requires other processing of Customer Personal Data by CryptoComics, in which case CryptoComics will inform Customer (unless any such law prohibits CryptoComics from doing so on important grounds of public interest).
6.1 Deletion During Term.
6.1.1 Processor Services With Deletion Functionality. During the Term, if:
(a) the functionality of the Processor Services includes the option for Customer to delete Customer Personal Data;
(b) Customer uses the Processor Services to delete certain Customer Personal Data; and
(c) the deleted Customer Personal Data cannot be recovered by Customer (for example, from the “trash”),
then CryptoComics will delete such Customer Personal Data from its systems as soon as reasonably practicable, unless European or National Laws require storage.
6.1.2 Processor Services Without Deletion Functionality. During the Term, if the functionality of the Processor Services does not include the option for Customer to delete Customer Personal Data, then CryptoComics will comply with any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Processor Services and unless European or National Laws require storage. CryptoComics may charge a fee (based on CryptoComics’ reasonable costs) for any data deletion under this Section 6.1.2 (Processor Services Without Deletion Functionality). CryptoComics will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.
6.2 Deletion on Agreement Expiry. On expiry or termination of the Agreement, Customer instructs CryptoComics to delete all Customer Personal Data (including existing copies) from CryptoComics’ systems in accordance with applicable law. CryptoComics will comply with this instruction as soon as reasonably practicable unless: (i) European or National Laws require storage; or (ii) the Agreement is superseded by a new agreement or terms between Customer and CryptoComics regarding Customer's use of the CryptoComics service and Customer confirms that the Customer Personal Data (including existing copies already uploaded to the CryptoComics Service) should continue to be processed in accordance with these Data Processing Terms.
7.1 CryptoComics’ Security Measures and Assistance.
7.1.1 CryptoComics’ Security Measures. CryptoComics will implement and maintain technical and organisational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. CryptoComics may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.
7.1.2 Security Compliance by CryptoComics Staff. CryptoComics will ensure that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.1.3 CryptoComics’ Security Assistance. CryptoComics will (taking into account the nature of the processing of Customer Personal Data and the information available to CryptoComics) assist Customer in ensuring compliance with any obligations of Customer in respect of security of personal data and personal data breaches, including (if applicable) Customer’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:
(a) implementing and maintaining the Security Measures in accordance with Section 7.1.1 (CryptoComics’ Security Measures);
(b) complying with the terms of Section 7.2 (Data Incidents); and
(c) providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in these Data Processing Terms.
7.2 Data Incidents.
7.2.1 Incident Notification. If CryptoComics becomes aware of a Data Incident, CryptoComics will: (a) notify Customer of the Data Incident promptly and without undue delay; and (b) promptly take reasonable steps to minimise harm and secure Customer Personal Data.
7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps CryptoComics recommends Customer take to address the Data Incident.
7.2.3 Delivery of Notification. CryptoComics will deliver its notification of any Data Incident to the Notification Email Address or by other direct communication (for example, by phone call or an in-person meeting). Customer will take all reasonable steps to provide the Notification Email Address and ensure that the Notification Email Address is current and valid.
7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.
7.2.5 No Acknowledgement of Fault by CryptoComics. Crypto Comics’ notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by CryptoComics of any fault or liability with respect to the Data Incident.
7.3 Customer’s Security Responsibilities and Assessment.
7.3.1 Customer’s Security Responsibilities. Without prejudice to CryptoComics’ obligations under Sections 7.1 (CryptoComics’ Security Measures and Assistance) and 7.2 (Data Incidents):
(a) Customer is responsible for its use of the Processor Services, including:
(i) making appropriate use of the Processor Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and
(ii) securing the account authentication credentials, systems, and devices Customer uses to access the Processor Services; and
(b) CryptoComics has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of CryptoComics’ and its Subprocessors’ systems.
7.3.2 Customer’s Security Assessment. Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by CryptoComics as set out in Section 7.1.1 (CryptoComics’ Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.
7.4 Security Certification. To evaluate and help ensure the continued effectiveness of the Security Measures, from time to time, CryptoComics may obtain the ISO 27001 Certification.
7.5 Reviews and Audits of Compliance.
7.5.1 Reviews of Security Documentation. To demonstrate compliance by CryptoComics with its obligations under these Data Processing Terms, CryptoComics will make the Security Documentation available for review by Customer.
7.5.2 Customer’s Audit Rights.
(a) CryptoComics will allow Customer or a third party auditor appointed by Customer to conduct audits (including inspections) to verify CryptoComics’ compliance with its obligations under these Data Processing Terms in accordance with Section 7.5.3 (Additional Business Terms for Audits). CryptoComics will contribute to such audits as described in Section 7.4 (Security Certification) and this Section 7.5 (Reviews and Audits of Compliance).
(b) If the Standard Contractual Clauses apply under Section 10.2 (Transfers of Data), CryptoComics will allow Customer or a third party auditor appointed by Customer to conduct audits as described in the Standard Contractual Clauses in accordance with Section 7.5.3 (Additional Business Terms for Audits).
(c) Customer may also conduct an audit to verify CryptoComics’ compliance with its obligations under these Data Processing Terms by reviewing the certificate issued for the ISO 27001 Certification (which reflects the outcome of an audit conducted by a third party auditor), if such certification is available at the time of Customer’s request.
7.5.3 Additional Business Terms for Audits.
(a) Customer will send any request for an audit under Section 7.5.2(a) or 7.5.2(b) to CryptoComics as described in Section 12.1 (Contacting CryptoComics).
(b) Following receipt by CryptoComics of a request under Section 7.5.3(a), CryptoComics and Customer will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, any audit under Section 7.5.2(a) or 7.5.2(b).
(c) CryptoComics may charge a fee (based on CryptoComics’ reasonable costs) for any audit under Section 7.5.2(a) or 7.5.2(b). CryptoComics will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any third party auditor appointed by Customer to execute any such audit.
(d) CryptoComics may object to any third party auditor appointed by Customer to conduct any audit under Section 7.5.2(a) or 7.5.2(b) if the auditor is, in CryptoComics’ reasonable opinion, not suitably qualified or independent, a competitor of CryptoComics or otherwise manifestly unsuitable. Any such objection by CryptoComics will require Customer to appoint another auditor or conduct the audit itself.
(e) Nothing in these Data Processing Terms will require CryptoComics either to disclose to Customer or its third party auditor, or to allow Customer or its third party auditor to access:
(i) any data of any other customer of a CryptoComics Entity;
(ii) any CryptoComics Entity’s internal accounting or financial information;
(iii) any trade secret of a CryptoComics Entity;
(iv) any information that, in CryptoComics’ reasonable opinion, could: (A) compromise the security of any CryptoComics Entity’s systems or premises; or (B) cause any CryptoComics Entity to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to Customer or any third party; or
(v) any information that Customer or its third party auditor seeks to access for any reason other than the good faith fulfillment of Customer’s obligations under the Data Protection Legislation.
7.5.4 No Modification of Standard Contractual Clauses. If the Standard Contractual Clauses apply under Section 10.2 (Transfers of Data), nothing in this Section 7.5 (Reviews and Audits of Compliance) varies or modifies any rights or obligations of Customer or a CryptoComics Entity under the Standard Contractual Clauses.
CryptoComics will (taking into account the nature of the processing and the information available to CryptoComics) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:
(a) providing the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation);
(b) providing the information contained in these Data Processing Terms; and
(c) providing or otherwise making available, in accordance with CryptoComics’ standard practices, other materials concerning the nature of the Processor Services and the processing of Customer Personal Data (for example, help centre materials).
9.1 Responses to Data Subject Requests. If CryptoComics receives a request from a data subject in relation to Customer Personal Data, CryptoComics will:
(a) if the request is made via a Data Subject Tool, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Tool; or
(b) if the request is not made via a Data Subject Tool, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.
9.2 CryptoComics’ Data Subject Request Assistance. CryptoComics will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:
(a) providing the functionality of the Processor Services;
(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and
(c) if applicable to the Processor Services, making available Data Subject Tools.
10.1 Data Storage and Processing Facilities. CryptoComics may, subject to Section 10.2 (Transfers of Data), store and process Customer Personal Data in the United States of America and any other country in which CryptoComics or any of its Subprocessors maintains facilities.
10.2 Transfers of Data. If the storage and/or processing of Customer Personal Data involves transfers of Customer Personal Data from the EEA, Switzerland, or the UK to any third country that is not subject to an adequacy decision under the European Data Protection Legislation:
(a) Customer (as data exporter) will be deemed to have entered into the Standard Contractual Clauses with CryptoComics (as data importer);
(b) the transfers will be subject to the Standard Contractual Clauses; and
(c) CryptoComics will ensure that CryptoComics complies with its obligations under such Standard Contractual Clauses regarding such transfers.
10.3 Data Center Information. Information about the locations of CryptoComics data centers is available upon request submitted to CryptoComics.
11.1 Consent to Subprocessor Engagement. Customer specifically authorises the engagement of CryptoComics’ Affiliates as Subprocessors (“CryptoComics Affiliate Subprocessors”). In addition, Customer generally authorises the engagement of any other third parties as Subprocessors (“Third Party Subprocessors”). If the Standard Contractual Clauses apply under Section 10.2 (Transfers of Data), the above authorisations constitute Customer’s prior written consent to the subcontracting by CryptoComics of the processing of Customer Personal Data.
11.2 Information about Subprocessors. Information about Subprocessors can be requested in writing or by email from CryptoComics.
11.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, CryptoComics will:
(a) ensure via a written contract that:
(i) the Subprocessor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms) and, if applicable under Section 10.2 (Transfers of Data), the Standard Contractual Clauses; and
(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Subprocessor; and
(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
12.1 Contacting CryptoComics. Customer may contact CryptoComics in relation to the exercise of its rights under these Data Processing Terms via the CryptoComics.com website or via such other means as may be provided by CryptoComics from time to time.
12.2 CryptoComics’ Processing Records. Customer acknowledges that CryptoComics is required under the GDPR to: (a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which CryptoComics is acting and (if applicable) of such processor’s or controller's local representative and data protection officer; and (b) make such information available to any Supervisory Authority. Accordingly, Customer will, where requested and as applicable to Customer, provide such information to CryptoComics via the user interface of the Processor Services or via such other means as may be provided by CryptoComics, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.
13.1 Liability Cap. Notwithstanding anything else in the Agreement, the total aggregate liability of either party towards the other party under or in connection with these Data Processing Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of confidentiality or indemnification claims from the Agreement’s limitation of liability will not apply to claims under the Agreement relating to the European Data Protection Legislation). Nothing in this Section 13 (Liability) will exclude or limit either party’s liability for: (a) death or personal injury resulting from its negligence or the negligence of its employees or agents; (b) fraud or fraudulent misrepresentation; or (c) matters for which liability cannot be excluded or limited under applicable law.
13.2 Liability if the Standard Contractual Clauses Apply. If the Standard Contractual Clauses apply under Section 10.2 (Transfers of Data), then the total combined liability of each party and its Affiliates towards the other party and its Affiliates under or in connection with the Agreement and the Standard Contractual Clauses combined will be subject to Section 13.1 (Liability Cap).
If a party’s Affiliate is a party to the Standard Contractual Clauses that apply under Section 10.2 (Transfers of Data), then that Affiliate will be a third party beneficiary of Sections 6.2 (Deletion on Agreement Expiry), 7.5 (Reviews and Audits of Compliance), 9.1 (Responses to Data Subject Requests), 10.2 (Transfers of Data), 11.1 (Consent to Subprocessor Engagement), and 13.2 (Liability if the Standard Contractual Clauses Apply). To the extent this Section 14 (Third Party Beneficiaries) conflicts or is inconsistent with any other clause in the Agreement, this Section 14 (Third Party Beneficiaries) will apply.
If there is any conflict or inconsistency between the Standard Contractual Clauses, the terms of these Data Processing Terms, and the remainder of the Agreement, then the following order of precedence will apply:
(a) the Standard Contractual Clauses;
(b) the remainder of these Data Processing Terms; and
(c) the remainder of the Agreement.
Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.
16.1 Changes to Processor Services. CryptoComics may only change the list of potential Processor Services:
(a) to reflect a change to the name of a service;
(b) to add a new service; or
(c) to remove a service where either: (i) all contracts for the provision of that service are terminated; or (ii) CryptoComics has Customer’s consent.
16.2 Changes to Data Processing Terms. CryptoComics may change these Data Processing Terms if the change:
(a) is expressly permitted by these Data Processing Terms, including as described in Section 16.1 (Changes to Processor Services);
(b) reflects a change in the name or form of a legal entity;
(c) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or
(d) does not (i) result in a degradation of the overall security of the Processor Services; (ii) expand the scope of or remove any restrictions on CryptoComics’ processing of Customer Personal Data, as described in Section 5.3 (CryptoComics’ Compliance with Instructions); and (iii) otherwise have a material adverse impact on Customer’s rights under these Data Processing Terms, as reasonably determined by CryptoComics.
16.3 Changes to Standard Contractual Clauses. CryptoComics may only change the Standard Contractual Clauses in accordance with Sections 16.2(b) - 16.2(d) (Changes to Data Processing Terms) or to incorporate any new version of the Standard Contractual Clauses that may be adopted under the European Data Protection Legislation, in each case in a manner that does not affect the validity of the Standard Contractual Clauses under the European Data Protection Legislation.
Subject Matter
CryptoComics’ provision of the Processor Services and any related technical support to Customer.
Duration of the Processing
The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by CryptoComics in accordance with these Data Processing Terms.
Nature and Purpose of the Processing
CryptoComics will process (including, as applicable to the Processor Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organising, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Processor Services and any related technical support to Customer in accordance with these Data Processing Terms.
Types of Personal Data
Customer Data uploaded to the Services under Customer’s CryptoComics accounts.
Appendix 2: Security Measures
As from the Terms Effective Date, CryptoComics will implement and maintain the Security Measures set out in this Appendix 2. CryptoComics may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Processor Services.
1. Data Center & Network Security
(a) Data Centers.
Infrastructure. CryptoComics stores all production data in physically secure data centers.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Processor Services are designed to allow CryptoComics to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer's or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard process according to documented procedures.
Power. The data center electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, and 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data center. Backup power is provided by various mechanisms such as uninterruptible power supply (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data center, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data centre at full capacity typically for a period of days.
Server Operating Systems. CryptoComics servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. CryptoComics employs a code review process to increase the security of the code used to provide the Processor Services and enhance the security products in production environments.
Businesses Continuity. CryptoComics replicates data over multiple systems to help to protect against accidental destruction or loss. CryptoComics has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
(b) Networks & Transmission.
Data Transmission. Data centers are typically connected via high-speed private links to provide secure and fast data transfer between data centers. This is designed to prevent data from being read, copied, altered or removed without authorisation during electronic transfer or transport or while being recorded onto data storage media. CryptoComics transfers data via Internet standard protocols.
External Attack Surface. CryptoComics employs multiple layers of network devices and intrusion detection to protect its external attack surface. CryptoComics considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents.
Incident Response. CryptoComics monitors a variety of communication channels for security incidents, and CryptoComics’ security personnel will react promptly to known incidents.
Encryption Technologies. CryptoComics makes HTTPS encryption (also referred to as SSL or TLS connection) available.
2. Access and Site Controls
(a) Site Controls.
On-site Data Center Security Operation. CryptoComics’ data center maintains an on-site security operation responsible for all physical data center security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor Closed Circuit TV (“CCTV”) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data center regularly.
Data Centre Access Procedures. CryptoComics maintains formal access procedures for allowing physical access to the data centers. The data centers are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data center are required to identify themselves as well as show proof of identity to on-site security operations. Only authorized employees, contractors and visitors are allowed entry to the data centers. Only authorized employees and contractors are permitted to request electronic card key access to these facilities. Data center electronic card key access requests must be made in advance and in writing, and require the approval of the requestor’s manager and the data center director. All other entrants requiring temporary data center access must: (i) obtain approval in advance from the data center managers for the specific data center and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data center access record identifying the individual as approved.
On-site Data Center Security Devices. CryptoComics’ data centers employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorized activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorized access throughout the business operations and data centers is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centers are alarmed. CCTV cameras are in operation both inside and outside the data centers. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data center building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centers connect the CCTV equipment. Cameras record on-site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for at least 7 days based on activity.
(b) Access Control.
Access Control and Privilege Management. Customer's administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Processor Services.
Internal Data Access Processes and Policies – Access Policy. CryptoComics’ internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. CryptoComics aims to design its systems to: (i) only allow authorised persons to access data they are authorised to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access.. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength.
3. Data
(a) Data Storage, Isolation & Authentication.
CryptoComics stores data in a multi-tenant environment at a server facility.
(b) Decommissioned Disks and Disk Destruction Guidelines.
Certain disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes.
4. Personnel Security
CryptoComics personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. CryptoComics conducts reasonably appropriate background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.
Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, CryptoComics’ confidentiality and privacy policies. CryptoComics’ personnel will not process Customer Personal Data without authorisation.
5. Subprocessor Security
Before onboarding Subprocessors, CryptoComics conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once CryptoComics has assessed the risks presented by the Subprocessor then, subject always to the requirements set out in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.