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Data Transfer Impact Assessment

Last updated on November 28, 2022

Overview:

The purpose of this document is to provide information to help Idera, Inc. and its Affiliates (a comprehensive list of Idera affiliates is available at /legal) (collectively the “Company”) customers conduct data transfer impact assessments (“TIAs”) for use of the Company’s products, based on the “Schrems II” ruling of the Court of Justice for the European Union and the recommendations from the European Data Protection Board.

This document describes the legal requirements and obligations applicable to the Company in the United States, the safeguards the Company has put into place in regards to transfers of customer personal data from the European Economic Area (“EEA”), United Kingdom (“UK”) or Switzerland ("Switzerland"), and the Company’s ability to comply with its obligations as "data importer" under the Standard Contractual Clauses ("SCCs").

For more details about the Company’s GDPR compliance please visit this page.

Data Transfers

Where the Company processes personal data governed by EEA, UK or Switzerland data protection laws as a data processor (on behalf of customers), the Company complies with the obligations under the Company (Customer Facing) Data Processing Agreement ("DPA") available via the link in the table below. The Company DPA incorporates the SCCs and the following Exhibits:

The Company may transfer customer personal data wherever it or its third-party service providers operate for the purpose of providing you the Services. The locations will depend on the particular Services you use, as outlined in the chart below.

Idera Corporate Group Company Name

In what countries is Customer Personal Data stored?

In what countries is Customer Personal Data processed (e.g., accessed, transferred, or otherwise handled)?

Link to the Company’s DPA

Link to the Company subprocessors list

Assembla, Inc.

United States

United States

Universal Customer-Facing Data Processing Agreement

Assembla Data Processing Terms

Jurisdiction Specific Terms.

Subprocessors List

Travis CI Corporation and Travis CI GmbH

United States

United States

Universal Customer-Facing Data Processing Agreement

Travis CI Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

Kiuwan Software, S.L.

Ireland

United States, India, Ireland

Universal Customer-Facing Data Processing Agreement

Kiuwan Data Processing Terms

Jurisdiction Specific Terms.

Subprocessors List

Gurock Software GmbH

United States

United States, United Kingdom, Japan, Australia,

Universal Customer-Facing Data Processing Agreement

Gurock Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

Qubole, Inc.

United States, Europe, India, Asia, Australia

United States, Europe, India, Asia, Australia

Universal Customer-Facing Data Processing Agreement

Qubole Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

apilayer Data products GmbH

United States

United States

Universal Customer-Facing Data Processing Agreement

Apilayer Data Processing Terms;

Jurisdiction Specific Terms.

Subprocessors List

Xblend Software, Unipessoal LDA (Xporter and Xray)

United States

United States, Netherlands, Ireland, Malta

Universal Customer-Facing Data Processing Agreement

Xblend Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

Perspectium Corp. and Perspectium UK Ltd.

United States

United States

Universal Customer-Facing Data Processing Agreement

Perspectium Data Processing Terms;Jurisdiction Specific Terms

Subprocessors List

BitTitan, Inc.; BitTitan UK Limited; BitTitan SG Pte, Ltd and BitTitan Pacific Pty Ltd.

United States, Singapore, South Africa, Brazil, Australia, Japan, Ireland, China, France, Netherlands, United Kingdom, Germany

United States, Singapore, South Africa, Brazil, Australia, Japan, Ireland, China, France, Netherlands, United Kingdom, Germany

Universal Customer-Facing Data Processing Agreement

BitTitan Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

Filestack, Inc.

United States

United States, New Zealand, Australia, Canada, Germany

Universal Customer-Facing Data Processing Agreement

Filestack Data Processing Terms

Jurisdiction Specific Terms.

Subprocessors List

Hexawise Inc.



Universal Customer-Facing Data Processing Agreement

Hexawise Data Processing Terms;

Jurisdiction Specific Terms.

Subprocessors List



Standard Contractual Clauses (“SCCs”)

Where personal data originating from the EEA, UK or Switzerland is transferred to the Company, the Company relies upon the SCCs implemented in 2021 to provide an appropriate safeguard for the transfer. To review a specific Company product’s DPA (which incorporates the SCCs) please refer to the applicable links in the table above in the column titled “Link to the Company’s DPA.”

Where customer personal data originating from the EEA, UK or Switzerland is transferred between one of the Company corporate group entities or transferred by the Company to a third-party subprocessors, the Company enters into SCCs with those parties.

U.S. Surveillance Laws

FISA 702 and Executive Order 12333

The following US laws were identified by the Court of Justice of the European Union in Schrems II as being potential obstacles to ensuring essentially equivalent protection for personal data in the US:

Further information about these US surveillance laws can be found in the U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S.Data Transfers after Schrems II whitepaper from September 2020. This whitepaper details the limits and safeguards pertaining to US public authority access to data and was issued in response to the Schrems II ruling.

Regarding FISA 702 the whitepaper notes:

Regarding Executive Order 12333 the whitepaper notes:

For more information on the CLOUD Act, review What is the CLOUD Act? by BSA Software Alliance outlining the scope of the CLOUD Act.

The whitepaper notes:

Is the Company subject to FISA 702 or EO 12333?

The Idera corporate group companies, similar to most US-based SaaS companies, could technically be subject to FISA 702 where it is deemed to be a RCSP. However, the Company does not process personal data that is likely to be of interest to US intelligence agencies.

Furthermore, the Company is not likely to be subject to upstream surveillance orders under FISA 702, the type of order principally addressed in, and deemed problematic by, the Schrems II decision. The Company does not provide internet backbone services, but instead only carries traffic involving its own customers. To date, the U.S. Government has interpreted and applied FISA 702 upstream orders to only target market providers that have traffic flowing through their internet backbone and that carry traffic for third parties (i.e., telecommunications carriers).

EO 12333 contains no authorization to compel private companies to disclose personal data to US authorities and FISA 702 requires an independent court to authorize a specific type of foreign intelligence data acquisition which is generally unrelated to commercial information. In the event that US intelligence agencies were interested in the type of data that the Company processes, safeguards such as the requirement for authorization by an independent court and the necessity and proportionality requirements would protect data from excessive surveillance.

To date, the Company has never received a US National Security Request (including requests for access under FISA 702 or direct access under EO 12333) in connection with customer personal data.

Therefore, while the Company may technically be subject to the surveillance laws identified in Schrems II we have not been subject to these types of requests in our day-to-day business operations. More information on how the Company processes data subject access requests is available in the applicable Universal Customer-Facing DPA in Section 4 “Rights of the Data Subjects,” and in the "Jurisdiction Specific Terms document under Annex A, Section 3 “Applicability of Surveillance Laws to Idera.”

Technical, contractual and organizational measures applied to protect the transferred data

The Company utilizes many different vendors, tools, and processes to protect transferred data. Please refer to the applicable entity’s “Data Processing Terms” in the above table for a specific list of mechanisms.

The Company’s contractual measures are set out in our Data Processing Agreement which incorporates the SCCs. In particular, we are subject to the following requirements:

Organizational measures for securing customer data

The “Security and Risk Assessment Overview” document on the Company’s legal webpage under “Policies & Procedures” outlines the Company’s organizational measures for ensuring protection of customer data. Information regarding employee data privacy and protection training, data management, network and physical security, and many other measures can be found here. If you have a question regarding data protection that is not addressed in the documentation available on the Company’s legal webpage, please contact [email protected]

Implementation of supplementary measures

In light of the information provided in this document, including the Company’s practical experience dealing with government requests and the technical, contractual, and organizational measures the Company has implemented to protect customer personal data, the Company considers that the risks involved in transferring and processing EEA, UK and Switzerland personal data in/to the US do not impinge on our ability to comply with our obligations under the SCCs (as "data importer") or to ensure that individuals' rights remain protected. Therefore, no additional supplementary measures are necessary at this time.

The Company will review and, if necessary, reconsider the risks involved and the measures it has implemented to address changing data privacy regulations and risk environments associated with transfers of personal data outside of the EEA, UK and Switzerland.


Legal Notice: Customers are responsible for making their own independent assessment of the information in this document. This document: (a) is for informational purposes only, (b) represents current Company product offerings and practices, which are subject to change without notice, and (c) does not create any commitments or assurances from the Company and its affiliates, suppliers or licensors. The responsibilities and liabilities of the Company to its customers are controlled by the Company license agreements, and this document is not part of, nor does it modify, any agreement between the Company and its customers.