Data Transfer Impact Assessment

Last updated on May 08, 2024


The purpose of this document is to provide information to help Sembi, Inc., a Delaware corporation, and its subsidiaries (a comprehensive list of Sembi’s subsidiaries is available at (collectively, “the Company”) customers conduct data transfer impact assessments (TIA’s) 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 in the US, the safeguards the Company has put into place in regard to transfers of customer personal data from the European Economic Area, United Kingdom or Switzerland ("Europe"), 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 European data protection laws as a data processor (on behalf of customers), Company complies with the obligations under a Data Processing Addendum ("DPA") available via the link in the table below. The Company DPA incorporates the SCCs and includes the following information:

We may transfer customer personal data wherever we or our 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.

Sembi, Inc. 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 Sembi, Inc. Affiliate’s DPA

Link to Sembi, Inc. Affiliates subprocessors list


United States

United States, United Kingdom, Japan, Australia,

Universal Customer-Facing Data Processing Agreement

Gurock Data Processing Terms

Jurisdiction Specific Terms

Subprocessors List

Xblend (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


United States

United States

Universal Customer-Facing Data Processing Agreement

Hexawise Data Processing Terms;

Jurisdiction Specific Terms.

Subprocessors List



United States, India, Ireland

Universal Customer-Facing Data Processing Agreement

Kiuwan Data Processing Terms

Jurisdiction Specific Terms.

Subprocessors List

Ranorex DesignWise

United States

United States

Universal Customer-Facing Data Processing Agreement

DesignWise Data Processing Terms

Jurisdiction Specific Terms.

Subprocessors List

Standard Contractual Clauses (“SCCs”)

Where personal data originating from the UK or Europe 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 Data Processing Addendum (which incorporates the SCCs) please refer to the applicable links in the table above in the column titled “Link to Sembi, Inc. Affiliate’s DPA.”

Where customer personal data originating from the UK or Europe is transferred between Sembi corporate group companies or transferred by the Company to 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?

Sembi corporate group of 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 Sembi, Inc. 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 Sembi.”

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 European 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 Europe.

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 the Company product offerings and practices, which are subject to change without notice, and (c) does not create any commitments or assurances from Sembi, Inc. and its affiliates, suppliers or licensors. The responsibilities and liabilities of the Company to its customers are controlled by each Company customer agreements, and this document is not part of, nor does it modify, any agreement between the Company and its customers.