Data Protection Agreement

DATED: 27 Sept 2021

This Data Protection Addendum Policy came into effect on 27 Sept 2021. It was updated in line with the latest recommendations from the European Data Protection Board (EDPB) after the Schrems II ruling.

We maintain copies of our previous policies online for archive purposes:

• July 20th, 2018 until May 24th, 2020
• May 25th, 2020 until Sept 26th 2021
• Incorrectly formatted, live from December 12th, 2022 until October 6th, 2023

Section 1: The Fastmail Service

1.1 Introduction

The protection of Personal Data is of critical importance to Fastmail Pty Limited (ABN 31 142 646 580) (“Fastmail”).

This Data Protection Policy (“DPP”) sets out the minimum requirements of Fastmail with respect to all of its customers in relation to the processing of EU/UK individual Personal Data and compliance with other applicable data protection laws (“Data Protection Laws”).

This DPP comes/came into effect on 27 September 2021.

The change from our previous Data Protection Addendum is that we have adopted the Standard Contractual Clauses published by the European Commission on 4 June 2021 in EDPB EDPS Joint Option 2/2021^[1] (“Clauses”) in place of the standard contractual clauses previously published by the European Commission for cross-border data transfers.

• Section 1 deals with introductory matters and matters specific to the Fastmail Service.
• Section 2 sets out the Clauses where the Customer is a Controller (Exporter) and Fastmail is a Controller (Importer).
• Section 3 sets out the Clauses where the Customer is the Controller (Exporter) and Fastmail is a Processor (Importer).
• Section 4 sets out the Clauses where the Customer is the Processor (Exporter) and Fastmail is a Processor (Importer).
• Section 5 sets out the Clauses where Customer is a Processor (Exporter) and Fastmail is a Controller (Importer).

The Appendix contains the Annexes referred to in the Sections.

• Annex 1
• Annex 2
• Annex 3

This DPP aims to reproduce the Clauses as binding terms and, therefore, omits some commentary and footnotes which appear in EDPB EDPS Joint Option 2/2021. For the avoidance of doubt and notwithstanding any other provision of this DPP, the parties agreed to be bound by the Clauses applicable to their relationship as a Controller or Processor as mandated by the in EDPB EDPS Joint Option 2/2021 and to the extent guidance information or footnotes from the Clauses are relevant to interpreting these clauses, they are deemed included.

1.2 Meaning of Terminology

We use a number of defined terms in this DPP which will have the meaning set out in clause 10 of Section 1. Capitalized terms not otherwise defined in this DPP will have the meaning given to them in your Agreement. Except where the context requires otherwise, references in this DPP to your Agreement are to your Agreement as amended by, and including, this DPP.

1.3 Processing of Customer Personal Data

1. Each Party will comply with its respective obligation under Data Protection Laws in the provision and receipt of the Services under the Agreement and this DPP.

2. In the provision of the Services:

   1. Fastmail is a Data Controller in relation to Account Information.

      1. Where Fastmail receives Account Information that is EU/UK individual Personal Data from Customer and Customer is a Controller, Section 2 of this DPP applies Controller to Controller Clauses.
      2. Where Fastmail receives Account Information that is EU/UK individual Personal Data from Customer and Customer is a Processor, Section 5 of this DPP applies Processor to Controller Clauses.

   2. Fastmail is a Data Processor in relation to:

      1. Account Information associated with accounts under control of the Customer where the Customer is an account administrator for third parties, a corporation or a reseller; and

      2. Communications data,

         1. Where Fastmail receives this Account Information and Communications data that is EU/UK individual Personal Data from Customer and Customer is a Controller, Section 3 of this DPP applies Controller to Processor Clauses.
         2. Where Fastmail receives this Account information and Communications data that is EU/UK individual Personal Data from Customer and Customer is a Processor, Section 4 of this DPP applies Processor to Processor Clauses.

3. Customer:

   1. instructs Fastmail (and authorises Fastmail to instruct each Subprocessor) to:

      1. Process Customer Personal Data; and
      2. Transfer Customer Personal Data to any country or territory, as reasonably necessary for the provision of the Services and consistent with your Agreement; and

   2. warrants and represents that it is and will at all relevant times remain duly and effectively authorised to give the instruction set out in clause 3.3(a) on behalf of any Customer affiliate.

1.4 Fastmail Personnel

1. Fastmail will take reasonable steps to ensure that any of its (or its Subprocessors’) employees, agents or contractors who have access to Customer Personal Data are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
2. Customer will take all steps necessary, including without limitation providing appropriate fair collection notices and ensuring that there is a lawful basis for Fastmail (and its Subprocessors) to process Customer Personal Data, to ensure that the processing of Customer Personal Data by Fastmail (and its Subprocessors) in accordance with your Agreement is compliant with, and in accordance with, all Applicable Laws.

1.5 Personal Data Breach

1. Fastmail will, as soon as practical, upon becoming aware of a Personal Data Breach affecting Customer Personal Data, provide Customer with information (as and when available) to assist Customer in the Customer’s endeavours to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
2. Fastmail will co-operate with Customer and take such reasonable commercial and practicable steps as are directed by Customer to assist in the investigation, prevention (as applicable), mitigation and remediation of each Personal Data Breach.

1.6 Deletion or return of Customer Personal Data

1. Subject to clauses 6.3 and 6.4, in the event the Customer explicitly requests their account be closed, Fastmail will promptly and in any event within 14 days of the date of cessation of any Services involving the processing of Customer Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Customer Personal Data.

2. Subject to clauses 6.3 and 6.4, in the event the Customer’s account expires due to non-payment, Fastmail will between 30 days and 1 year of the date of cessation of any Services involving the processing of Customer Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Customer Personal Data. The exact timeframe is dependent upon how long the Customer had an active account.

3. Subject to clause 6.4, Customer may by written notice to Fastmail prior to 14 days of the Cessation Date require Fastmail to:

   1. provide a complete copy of all Customer Personal Data to Customer by secure file transfer in such format as is reasonably notified by Customer to Fastmail; and
   2. delete and procure the deletion of all other copies of Customer Personal Data processed by Fastmail.

4. Fastmail maintains a record of your Customer Personal Data as reasonably necessary to deliver the Service and maintain the integrity and security of our platform. Fastmail may not retain Customer Personal Data except to the extent required by Applicable Laws and only to the extent and for such period as required by Applicable Laws and always provided that Fastmail will ensure the confidentiality of all such Customer Personal Data and will ensure that such Customer Personal Data is only processed as necessary for the purpose(s) specified in the Applicable Laws requiring its storage and for no other purpose.

1.7 Data Subject identity verification

Data subject wishing to exercise rights under this Policy must provide Fastmail with information reasonably requested to establish their identity and their relationship with the Personal Data that is the subject of their request.

1.8 Restricted Transfers

1. Subject to clause 8.2, the Customer (or relevant Customer affiliate) (as “Data Exporter”) and each of Fastmail and /or its Subprocessors, as appropriate, (as “Data Importer”) hereby enter into the clauses as applicable in accordance with clause 3.2 with effect

   1. on the later of:

      1. the Data Exporter becoming a party to them;
      2. the Data Importer becoming a party to them; and
      3. commencement of the relevant Restricted Transfer.

2. Clause 8.1 will not apply to a Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, for the avoidance of doubt, do not include obtaining consents from Data Subjects), is to allow the relevant Restricted Transfer to take place without breach of applicable Data Protection Laws.

1.9 General Terms

1.9.1 Order of precedence

1. In the event of any conflict or inconsistency between this DPP and the Clauses, the Clauses shall prevail.
2. Subject to clause 9.1, with regard to the subject matter of this DPP, in the event of inconsistencies between the provisions of this DPP and any other agreements between the parties, including your Agreement, the provisions of this DPP will prevail.

1.9.2 Changes in Data Protection Laws

1. This DPP may be varied and updated from time to time by Fastmail as a result of a change in Data Protection Laws, including any variation which is required to the Clauses.

1.9.3 Severance

1. Should any provision of this DPP be invalid or unenforceable, then the remainder of this DPP will remain valid and in force. The invalid or unenforceable provision will be either:

   1. amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible;
   2. construed in a manner, as if, the invalid or unenforceable part had never been contained in this DPP.

1.10 Definitions

In this DPP, the following terms will have the following meaning:

“Agreement” means the Fastmail Customer Terms of Service.

“Account Information” means the personal details provided for the purpose of creating and maintaining a Fastmail account and, where the account holder is the Customer, facilitating communications with Fastmail, invoicing and payment. Account information also includes statistical and technical information associated with the account such as log files (IP, to/from email address) user access information (via web, or client).

“Applicable Laws” means:

European Union or Member State laws with respect to any Customer Personal Data in respect of which Fastmail is subject to EU Data Protection Laws; and

any other applicable law with respect to any Customer Personal Data in respect of which Fastmail is subject to any other Data Protection Laws; together with all guidelines and other codes of practice issued by an applicable data protection regulator or supervisory authority;

“Fastmail and/or its Subprocessor” means Fastmail or any of its Subprocessors;

“Clauses” means the EU model contractual clauses set out in Sections 2, 3, 4 and 5, amended as indicated (in square brackets and italics);

“Communication Data” means all email communications (including all embedded and attached files) sent and received by its Customers;

“Customer” and “you” refers to the counterparty to this DPP who is acquiring the right to use the Service and includes each one of your relevant affiliates (unless otherwise stated);

“Customer Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with Customer, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;

“Customer Group Member” means Customer or any Customer affiliate;

“Customer Personal Data” means Account Data and Communication Data including any EU/UK individual Personal Data Processed;

“Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

“EEA” means the European Economic Area;

“EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR

“GDPR” means EU General Data Protection Regulation 2016/679;

“Restricted Transfer” means:

a transfer outside the EEA of Customer Personal Data from Fastmail and/or its Subprocessor; or

an onward transfer of Customer Personal Data from Fastmail and/or its Subprocessor to Fastmail and/or its Subprocessor (as applicable) (e.g., Fastmail to its Subprocessor)

in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws) in the absence of the Clauses to be established under this DPP.

For the avoidance of doubt, where a transfer of Personal Data is of a type authorised by Data Protection Laws in the exporting country; for example, in the case of transfers from within the European Union to the US under a scheme approved by the EU Commission as ensuring an adequate level of protection, or any other transfer which falls within a permitted derogation under EU Data Protection Laws, such transfer will not be a Restricted Transfer;

“Services” means the services and other activities to be supplied to or carried out by Fastmail on behalf of Customer under your Agreement;

“Subprocessor” means any person (including any third party, but excluding an employee of Fastmail or any of its sub-contractors) appointed by or on behalf of Fastmail to process Personal Data received by Fastmail as a Processor on behalf of Customer under your Agreement; and

The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” will have the same meaning as in the GDPR, and their cognate terms will be construed accordingly.

The word “include” will be construed to mean include without limitation, and terms will be construed accordingly.

Section 2

Clause 2.1: Purpose and scope

1. The purpose of these standard contractual clauses is to ensure compliance with the requirements 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 the transfer of data to a third country.
2. The Parties:
   1. the Customer who has entered into the DPP for the provision of Fastmail Services (‘Data Exporter’), and
   2. Fastmail (hereinafter each ‘Data Importer’)have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
3. These Clauses apply with respect to the transfer of Personal Data as specified in Annex 1.
4. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2.2: Effect and invariability of the Clauses

1. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective 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 the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
2. These Clauses are without prejudice to obligations to which the Data Exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 2.3: Third-party beneficiaries

1. Data Subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the Data Exporter and/or Data Importer, with the following exceptions:
   1. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
   2. Clause 8 – Clause 8.5 (e) and Clause 8.9(b);
   3. [not used]
   4. Clause 12(a) and (d);
   5. Clause 13;
   6. Clause 15.1(c), (d) and (e);
   7. Clause 16(e);
   8. Clause 18 – Clause 18 (a) and (b);
2. Paragraph (a) is without prejudice to rights of Data Subjects under Regulation (EU) 2016/679.

Clause 2.4: Interpretation

1. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
3. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 2.5: 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 2.6: Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex 1.

Clause 2.7: Docking clause

1. 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 and signing the Appendix and signing Annex 1.
2. Once it has completed and signed the Appendix and signed Annex 1, the acceding entity shall become 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 1.
3. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

Clause 2.8: 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, to satisfy its obligations under these Clauses.

2.8.1 Purpose limitation

The Data Importer shall process the Personal Data only for the specific purpose(s) of the transfer, as set out in Annex 1.B. It may only process the Personal Data for another purpose:

1. where it has obtained the Data Subject’s prior consent;
2. where necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
3. where necessary in order to protect the vital interests of the Data Subject or of another natural person.

2.8.2 Transparency

1. In order to enable Data Subjects to effectively exercise their rights pursuant to Clause 10, the Data Importer shall inform them, either directly or through the Data Exporter:
   1. of its identity and contact details;
   2. of the categories of Personal Data processed;
   3. of the right to obtain a copy of these Clauses;
   4. where it intends to onward transfer the Personal Data to any third party/ies, of the recipient or categories of recipients (as appropriate with a view to providing meaningful information), the purpose of such onward transfer and the ground therefore pursuant to Clause 8.7.
2. Paragraph (a) shall not apply where the Data Subject already has the information, including when such information has already been provided by the Data Exporter, or providing the information proves impossible or would involve a disproportionate effort for the Data Importer. In the latter case, the Data Importer shall, to the extent possible, make the information publicly available.
3. On request, the Parties shall make a copy of these Clauses, including the Appendix as completed by them, available to the Data Subject free of charge. To the extent necessary to protect business secrets or other confidential information, including Personal Data, the Parties may redact part of the text of the Appendix 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 the extent possible without revealing the redacted information.
4. Paragraphs (a) to (c) are without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

2.8.3 Accuracy and data minimisation

1. Each Party shall ensure that the Personal Data is accurate and, where necessary, kept up to date. The Data Importer shall take every reasonable step to ensure that Personal Data that is inaccurate, having regard to the purpose(s) of processing, is erased or rectified without delay.
2. If one of the Parties becomes aware that the Personal Data it has transferred or received is inaccurate, or has become outdated, it shall inform the other Party without undue delay.
3. The Data Importer shall ensure that the Personal Data is adequate, relevant and limited to what is necessary in relation to the purpose(s) of processing.

2.8.4 Storage limitation

The Data Importer shall retain the Personal Data for no longer than necessary for the purpose(s) for which it is processed. It shall put in place appropriate technical or organisational measures to ensure compliance with this obligation, including erasure or anonymisation of the data and all back-ups at the end of the retention period.

2.8.5 Security of processing

1. The Data Importer and, during transmission, also the Data Exporter shall implement appropriate technical and organisational measures to ensure the security of the Personal Data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter ‘Personal Data breach’). In assessing the appropriate level of security, they 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 Subject. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner.
2. The Parties have agreed on the technical and organisational measures set out in Annex 2. The Data Importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
3. The Data Importer shall ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
4. 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 the Personal Data breach, including measures to mitigate its possible adverse effects.
5. In case of a Personal Data breach that is likely to result in a risk to the rights and freedoms of natural persons, the Data Importer shall without undue delay notify both the Data Exporter and the competent supervisory authority pursuant to Clause 13. Such notification shall contain i) a description of the nature of the breach (including, where possible, categories and approximate number of Data Subjects and Personal Data records concerned), ii) its likely consequences, iii) the measures taken or proposed to address the breach, and iv) the details of a contact point from whom more information can be obtained. To the extent it is not possible for the data importer to provide all the information at the same time, it may do so in phases without undue further delay.
6. In case of a Personal Data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the Data Importer shall also notify without undue delay the Data Subjects concerned of the Personal Data breach and its nature, if necessary in cooperation with the Data Exporter, together with the information referred to in paragraph (e), points ii) to iv), unless the Data Importer has implemented measures to significantly reduce the risk to the rights or freedoms of natural persons, or notification would involve disproportionate efforts. In the latter case, the Data Importer shall instead issue a public communication or take a similar measure to inform the public of the Personal Data breach.
7. The Data Importer shall document all relevant facts relating to the personal data breach, including its effects and any remedial action taken, and keep a record thereof.

2.8.6 Sensitive data

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 or offences (hereinafter ‘sensitive data’), the Data Importer shall apply specific restrictions and/or additional safeguards adapted to the specific nature of the data and the risks involved. This may include restricting the personnel permitted to access the Personal Data, additional security measures (such as pseudonymisation) and/or additional restrictions with respect to further disclosure.

2.8.7 Onward transfers

The Data Importer shall not disclose the Personal Data to a third party located outside the European Union (in the same country as the Data Importer or in another third country, hereinafter ‘onward transfer’) unless the third party is or agrees to be bound by these Clauses, under the appropriate Module. Otherwise, an onward transfer by the Data Importer may only take place if:

1. it is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
2. the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 of Regulation (EU) 2016/679 with respect to the processing in question;
3. the third party enters into a binding instrument with the Data Importer ensuring the same level of data protection as under these Clauses, and the Data Importer provides a copy of these safeguards to the Data Exporter;
4. it is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings;
5. it is necessary in order to protect the vital interests of the Data Subject or of another natural person; or
6. where none of the other conditions apply, the Data Importer has obtained the explicit consent of the Data Subject for an onward transfer in a specific situation, after having informed him/her of its purpose(s), the identity of the recipient and the possible risks of such transfer to him/her due to the lack of appropriate data protection safeguards. In this case, the data importer shall inform the Data Exporter and, at the request of the latter, shall transmit to it a copy of the information provided to the Data Subject.

Any onward transfer is subject to compliance by the Data Importer with all the other safeguards under these Clauses, in particular purpose limitation.

2.8.8 Processing under the authority of the Data Importer

The Data Importer shall ensure that any person acting under its authority, including a Processor, processes the data only on its instructions.

2.8.9 Documentation and compliance

1. Each Party shall be able to demonstrate compliance with its obligations under these Clauses. In particular, the Data Importer shall keep appropriate documentation of the processing activities carried out under its responsibility.
2. The Data Importer shall make such documentation available to the competent supervisory authority on request.

Clause 2.9: [not applicable]

Clause 2.10: Data Subject rights

1. The Data Importer, where relevant with the assistance of the Data Exporter, shall deal with any enquiries and requests it receives from a Data Subject relating to the processing of his/her Personal Data and the exercise of his/her rights under these Clauses without undue delay and at the latest within one month of the receipt of the enquiry or request. The Data Importer shall take appropriate measures to facilitate such enquiries, requests and the exercise of Data Subject rights. Any information provided to the data subject shall be in an intelligible and easily accessible form, using clear and plain language.
2. In particular, upon request by the Data Subject the Data Importer shall, free of charge:
   1. provide confirmation to the Data Subject as to whether Personal Data concerning him/her is being processed and, where this is the case, a copy of the data relating to him/her and the information in Annex 1; if Personal Data has been or will be onward transferred, provide information on recipients or categories of recipients (as appropriate with a view to providing meaningful information) to which the personal data has been or will be onward transferred, the purpose of such onward transfers and their ground pursuant to Clause 8.7; and provide information on the right to lodge a complaint with a supervisory authority in accordance with Clause 12(c)(i);
   2. rectify inaccurate or incomplete data concerning the Data Subject;
   3. erase Personal Data concerning the Data Subject if such data is being or has been processed in violation of any of these Clauses ensuring third-party beneficiary rights, or if the Data Subject withdraws the consent on which the processing is based.
3. Where the Data Importer processes the Personal Data for direct marketing purposes, it shall cease processing for such purposes if the Data Subject objects to it.
4. The Data Importer shall not make a decision based solely on the automated processing of the Personal Data transferred (hereinafter ‘automated decision’), which would produce legal effects concerning the Data Subject or similarly significantly affect him/her, unless with the explicit consent of the Data Subject or if authorised to do so under the laws of the country of destination, provided that such laws lays down suitable measures to safeguard the Data Subject’s rights and legitimate interests. In this case, the Data Importer shall, where necessary in cooperation with the data exporter:
   1. inform the Data Subject about the envisaged automated decision, the envisaged consequences and the logic involved; and
   2. implement suitable safeguards, at least by enabling the Data Subject to contest the decision, express his/her point of view and obtain review by a human being.
5. Where requests from a Data Subject are excessive, in particular because of their repetitive character, the Data Importer may either charge a reasonable fee taking into account the administrative costs of granting the request or refuse to act on the request.
6. The Data Importer may refuse a Data Subject’s request if such refusal is allowed under the laws of the country of destination and is necessary and proportionate in a democratic society to protect one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679.
7. If the Data Importer intends to refuse a Data Subject’s request, it shall inform the Data Subject of the reasons for the refusal and the possibility of lodging a complaint with the competent supervisory authority and/or seeking judicial redress.

Clause 2.11: Redress

1. 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.
2. In case of a dispute between a Data Subject and one of the Parties as regards compliance with 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.
3. 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:
   1. 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 to Clause 13;
   2. refer the dispute to the competent courts within the meaning of Clause 18.
4. 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.
5. The Data Importer shall abide by a decision that is binding under the applicable EU or Member State law.
6. 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 2.12: Liability

1. 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.
2. Each Party shall be liable to the Data Subject, and the Data Subject shall be entitled to receive compensation, for any material or non-material damages that the Party causes the Data Subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the Data Exporter under Regulation (EU) 2016/679.
3. Where more than one Party is responsible for any damage caused to the data subject as a result 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.
4. The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
5. The Data Importer may not invoke the conduct of a Processor or Subprocessor to avoid its own liability.

Clause 2.13: Supervision

1. 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 of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex 1, shall act as competent supervisory authority.
2. The Data Importer agrees to submit itself to the jurisdiction of and cooperate with the competent 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 and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

Clause 2.14: Local laws and practices affecting compliance with the Clauses

1. The Parties warrant that they have no reason to believe that the laws and practices in the third 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 access by 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 of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a 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.
2. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
   1. 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 and format of the transferred Personal Data; the economic sector in which the transfer occurs; the storage location of the data transferred;
   2. 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; and
   3. any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the Personal Data in the country of destination.
3. 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.
4. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
5. 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) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
6. Following a notification pursuant to paragraph (e), or if the Data Exporter otherwise has reason 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 the competent supervisory authority to do so. In this case, the Data Exporter shall be entitled to terminate 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 this right 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) shall apply.

Clause 2.15: Obligations of the Data Importer in case of access by public authorities

2.15.1 Notification

1. 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:
   1. 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 the request and the response provided; or
   2. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
2. 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 to obtain 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 to be able to demonstrate them on request of the Data Exporter.
3. Where permissible under the laws of the country of destination, the data importer agrees to provide 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 the outcome of such challenges, etc.).
4. 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.
5. 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.

2.15.2 Review of legality and data minimisation

1. The Data Importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge 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, applicable obligations 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 the request until the competent judicial authority has decided on its merits. It shall not disclose the Personal 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).
2. 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, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
3. 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.

Clause 2.16: Non-compliance with the Clauses and termination

1. The Data Importer shall promptly inform the Data Exporter if it is unable to comply with these Clauses, for whatever reason.
2. In the event that the Data Importer is in breach of these Clauses or unable to comply with these 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 to Clause 14(f).
3. The Data Exporter shall be entitled to terminate the contract, insofar as it concerns the processing of Personal Data under these Clauses, where:
   1. 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 a reasonable time and in any event within one month of suspension;
   2. the Data Importer is in substantial or persistent breach of these Clauses; or
   3. the Data Importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.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 to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
4. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (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 transferred Personal 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.
5. 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 that covers 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 is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 2.17: Governing law

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

Clause 2.18: Choice of forum and jurisdiction

1. Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
2. The Parties agree that those shall be the courts of The Republic of Ireland.
3. 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.
4. The Parties agree to submit themselves to the jurisdiction of such courts.

Section 3

Clause 3.1: Purpose and scope

1. The purpose of these standard contractual clauses is to ensure compliance with the requirements 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 the transfer of data to a third country.
2. The Parties:
   1. the Customer who has entered into the DPP for the provision of Fastmail Services (‘Data Exporter’), and
   2. Fastmail (hereinafter each ‘Data Importer’)have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
3. These Clauses apply with respect to the transfer of Personal Data as specified in Annex 1.
4. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 3.2: Effect and invariability of the Clauses

1. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective 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 the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
2. These Clauses are without prejudice to obligations to which the Data Exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3.3: Third-party beneficiaries

1. Data Subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the Data Exporter and/or Data Importer, with the following exceptions:
   1. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
   2. Clause 8 – Clause 8.1(b), 8.9(a),(c),(d) and (e);
   3. Clause 9 – 9(a), (c), (d) and (e);
   4. Clause 12(a), (d) and (f);
   5. Clause 13;
   6. Clause 15.1(c), (d) and (e);
   7. Clause 16(e);
   8. Clause 18 – Clause 18(a) and (b);
2. Paragraph (a) is without prejudice to rights of Data Subjects under Regulation (EU) 2016/679.

Clause 3.4: Interpretation

1. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
3. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 3.5: 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 3.6: Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex 1.

Clause 3.7: Docking clause

1. 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 and signing the Appendix and signing Annex 1.
2. Once it has completed and signed the Appendix and signed Annex 1, the acceding entity shall become 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 1.
3. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

Clause 3.8: 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, to satisfy its obligations under these Clauses.

3.8.1 Instructions

1. The Data Importer shall process the Personal Data only on documented instructions from the Data Exporter. The Data Exporter may give such instructions throughout the duration of the contract.
2. The Data Importer shall immediately inform the Data Exporter if it is unable to follow those instructions.

3.8.2 Purpose limitation

1. The Data Importer shall process the Personal Data only for the specific purpose(s) of the transfer, as set out in Annex 1.B, unless on further instructions from the Data Exporter.

3.8.3 Transparency

On request, the Data Exporter shall make a copy of these Clauses, including the Appendix as completed 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 described in Annex 2 and Personal Data, the Data Exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the Data Subject would otherwise not be able to understand the its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the Data Exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

3.8.4 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.

3.8.5 Duration of processing and erasure or return of data

Processing by the Data Importer shall only take place for the duration specified in Annex 1.B. After the end of the provision of the processing services, the Data Importer shall, at the choice of 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 processed 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 the Data Importer that prohibit return or deletion of the Personal Data, the Data Importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent 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).

3.8.6 Security of processing

1. 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 particular consider 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 and organisational measures specified in Annex 2. The Data Importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
2. 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 the contract. 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.
3. 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 the breach, 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 the measures taken or proposed to address the breach including, where appropriate, measures to mitigate 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.
4. 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 the nature of processing and the information available to the Data Importer.

3.8.7 Sensitive data

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 additional safeguards described in Annex 1.B.

3.8.8 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 another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

1. 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;
2. 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;
3. 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
4. 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.

3.8.9 Documentation and compliance

1. The Data Importer shall promptly and adequately deal with enquiries from the Data Exporter that relate to the processing under these Clauses.
2. The Parties shall be able to demonstrate compliance with these Clauses. In particular, the Data Importer shall keep appropriate documentation on the processing activities carried out on behalf of the Data Exporter.
3. The Data Importer shall make available to the Data Exporter all information necessary to demonstrate 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.
4. 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.
5. The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 3.9: Use of Subprocessors

1. The Data Importer has the Data Exporter’s general authorisation for the engagement of Subprocessor(s) from the list specified in Annex 3. The data importer shall specifically inform the Data Exporter in writing of any intended changes to that list through the addition or replacement of Subprocessors at least 14 days in advance, thereby giving the Data Exporter sufficient time to be able to object to such changes prior to the engagement of the Subprocessor(s). The Data Importer shall provide the Data Exporter with the information necessary to enable the Data Exporter to exercise its right to object.
2. Where the Data Importer engages a Subprocessor 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 Subprocessor complies with the obligations to which the Data Importer is subject pursuant to these Clauses.
3. 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.
4. The Data Importer shall remain fully responsible to the Data Exporter for the performance of the Subprocessor’s obligations under its contract with the Data Importer. The Data Importer shall notify the Data Exporter of any failure by the Subprocessor to fulfil its obligations under that contract.
5. The Data Importer shall agree a third-party beneficiary clause with the Subprocessor 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 Subprocessor contract and to instruct the Subprocessor to erase or return the Personal Data.

Clause 3.10: Data Subject rights

1. The Data Importer shall promptly notify the Data Exporter of any request it has received from a Data Subject. It shall not respond to that request itself unless it has been authorised to do so by the Data Exporter.
2. 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 2 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.
3. In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the Data Exporter.

Clause 3.11: Redress

1. 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.
2. In case of a dispute between a Data Subject and one of the Parties as regards compliance with 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.
3. 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:
   1. 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 to Clause 13;
   2. refer the dispute to the competent courts within the meaning of Clause 18.
4. 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.
5. The Data Importer shall abide by a decision that is binding under the applicable EU or Member State law.
6. 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 3.12: Liability

1. 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.
2. The Data Importer shall be liable to the Data Subject, and the Data Subject shall be entitled to receive 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.
3. Notwithstanding paragraph (b), the Data Exporter shall be liable to the data subject, and the Data Subject shall be entitled to receive compensation, for any material or non-material damages the Data Exporter or the Data Importer (or its Subprocessor) causes the Data Subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the Data Exporter and, where the Data Exporter is a processor acting on behalf of a Controller, to the liability of the Controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
4. The Parties agree that if the Data Exporter is held liable under paragraph (c) for damages caused by the Data Importer (or its Subprocessor), it shall be entitled to claim back from the Data Importer that part of the compensation corresponding to the Data Importer’s responsibility for the damage.
5. Where more than one Party is responsible for any damage caused to the data subject as a result 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.
6. The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
7. The Data Importer may not invoke the conduct of a Subprocessor to avoid its own liability.

Clause 3.13: Supervision

1. 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 of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex 1, shall act as competent supervisory authority.
2. The Data Importer agrees to submit itself to the jurisdiction of and cooperate with the competent 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 and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

Clause 3.14: Local laws and practices affecting compliance with the Clauses

1. The Parties warrant that they have no reason to believe that the laws and practices in the third 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 access by 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 of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a 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.
2. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
   1. 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 and format of the transferred Personal Data; the economic sector in which the transfer occurs; the storage location of the data transferred;
   2. 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; and
   3. any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the Personal Data in the country of destination.
3. 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.
4. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
5. 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) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
6. Following a notification pursuant to paragraph (e), or if the Data Exporter otherwise has reason 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 the competent supervisory authority to do so. In this case, the Data Exporter shall be entitled to terminate 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 this right 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) shall apply.

Clause 3.15: Obligations of the Data Importer in case of access by public authorities

3.15.1 Notification

1. 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:
   1. 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 the request and the response provided; or
   2. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
2. 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 to obtain 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 to be able to demonstrate them on request of the Data Exporter.
3. Where permissible under the laws of the country of destination, the data importer agrees to provide 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 the outcome of such challenges, etc.).
4. 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.
5. 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.

3.15.2 Review of legality and data minimisation

1. The Data Importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge 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, applicable obligations 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 the request until the competent judicial authority has decided on its merits. It shall not disclose the Personal 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).
2. 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, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
3. 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.

Clause 3.16: Non-compliance with the Clauses and termination

1. The Data Importer shall promptly inform the Data Exporter if it is unable to comply with these Clauses, for whatever reason.
2. In the event that the Data Importer is in breach of these Clauses or unable to comply with these 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 to Clause 14(f).
3. The Data Exporter shall be entitled to terminate the contract, insofar as it concerns the processing of Personal Data under these Clauses, where:
   1. 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 a reasonable time and in any event within one month of suspension;
   2. the Data Importer is in substantial or persistent breach of these Clauses; or
   3. the Data Importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.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 to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
4. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (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 transferred Personal 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.
5. 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 that covers 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 is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 3.17: Governing law

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

Clause 3.18: Choice of forum and jurisdiction

1. Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
2. The Parties agree that those shall be the courts of The Republic of Ireland.
3. 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.
4. The Parties agree to submit themselves to the jurisdiction of such courts.

Section 4

Clause 4.1: Purpose and scope

1. The purpose of these standard contractual clauses is to ensure compliance with the requirements 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 the transfer of data to a third country.
2. The Parties:
   1. the Customer who has entered into the DPP for the provision of Fastmail Services ( ‘Data Exporter’), and
   2. Fastmail (hereinafter each ‘Data Importer’)have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
3. These Clauses apply with respect to the transfer of Personal Data as specified in Annex 1.
4. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 4.2: Effect and invariability of the Clauses

1. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective 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 the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
2. These Clauses are without prejudice to obligations to which the Data Exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 4.3: Third-party beneficiaries

1. Data Subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the Data Exporter and/or Data Importer, with the following exceptions:
   1. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
   2. Clause 8 – Clause 8.1(a), (c), (d) and (e);
   3. Clause 9 – Clause (a), (c), (d) and (e);
   4. Clause 12(a) (d) and (f);
   5. Clause 13;
   6. Clause 15.1(c), (d) and (e);
   7. Clause 16(e);
   8. Clause 18 – Clause 18(a) and (b);
2. Paragraph (a) is without prejudice to rights of Data Subjects under Regulation (EU) 2016/679.

Clause 4.4: Interpretation

1. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
3. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 4.5: 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 4.6: Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex 1.

Clause 4.7: Docking clause

1. 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 and signing the Appendix and signing Annex 1.
2. Once it has completed and signed the Appendix and signed Annex 1, the acceding entity shall become 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 1.
3. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

Clause 4.8: Data protection safeguards

4.8.1 Instructions

1. The Data Exporter has informed the Data Importer that it acts as processor under the instructions of its Controller(s), which the Data Exporter shall make available to the Data Importer prior to processing.
2. The Data Importer shall process the Personal Data only on documented instructions from the Controller, as communicated to the Data Importer by the Data Exporter, and any additional documented instructions from the data exporter. Such additional instructions shall not conflict with the instructions from the Controller. The Controller or Data Exporter may give further documented instructions regarding the data processing throughout the duration of the contract.
3. The Data Importer shall immediately inform the Data Exporter if it is unable to follow those instructions. Where the Data Importer is unable to follow the instructions from the Controller, the Data Exporter shall immediately notify the Controller.
4. The Data Exporter warrants that it has imposed the same data protection obligations on the Data Importer as set out in the contract or other legal act under Union or Member State law between the Controller and the data exporter.

4.8.2 Purpose limitation

The Data Importer shall process the Personal Data only for the specific purpose(s) of the transfer, as set out in Annex 1.B., unless on further instructions from the Controller, as communicated to the Data Importer by the Data Exporter, or from the Data Exporter.

4.8.3 Transparency

On request, the Data Exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the Data Subject free of charge. To the extent necessary to protect business secrets or other confidential information, including Personal Data, the Data Exporter may redact part of the text of the Appendix 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 the extent possible without revealing the redacted information.

4.8.4 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 rectify or erase the data.

4.8.5 Duration of processing and erasure or return of data

Processing by the Data Importer shall only take place for the duration specified in Annex 1.B. After the end of the provision of the processing services, the Data Importer shall, at the choice of the Data Exporter, delete all personal data processed on behalf of the Controller and certify to the Data Exporter that it has done so, or return to the Data Exporter all Personal Data processed 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 the Data Importer that prohibit return or deletion of the Personal Data, the Data Importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent 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).

4.8.6 Security of processing

1. 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, they 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 Subject. The Parties shall in particular consider 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 or the Controller. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex 2. The Data Importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
2. The Data Importer shall grant access to the data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. 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.
3. 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 the breach, including measures to mitigate its adverse effects. The Data Importer shall also notify, without undue delay, the Data Exporter and, where appropriate and feasible, the Controller 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 the measures taken or proposed to address the data breach, including measures to mitigate 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.
4. 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 its Controller so that the latter may in turn notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the Data Importer.

4.8.7 Sensitive data

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 additional safeguards set out in Annex 1.B.

4.8.8 Onward transfers

The Data Importer shall only disclose the Personal Data to a third party on documented instructions from the Controller, as communicated to the data importer by 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 another third country, hereinafter ‘onward transfer’) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

1. 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;
2. the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 of Regulation (EU) 2016/679;
3. 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
4. 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.

4.8.9 Documentation and compliance

1. The Data Importer shall promptly and adequately deal with enquiries from the Data Exporter or the Controller that relate to the processing under these Clauses.
2. The Parties shall be able to demonstrate compliance with these Clauses. In particular, the Data Importer shall keep appropriate documentation on the processing activities carried out on behalf of the Controller.
3. The Data Importer shall make all information necessary to demonstrate compliance with the obligations set out in these Clauses available to the Data Exporter, which shall provide it to the Controller.
4. The Data Importer shall allow for and contribute to audits by the data exporter of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. The same shall apply where the Data Exporter requests an audit on instructions of the Controller. In deciding on an audit, the Data Exporter may take into account relevant certifications held by the Data Importer.
5. Where the audit is carried out on the instructions of the Controller, the Data Exporter shall make the results available to the Controller.
6. 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.
7. The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 4.9: Use of Subprocessors

1. The Data Importer has the Controller’s general authorisation for the engagement of Subprocessor(s) from an agreed list. The Data Importer shall specifically inform the Controller in writing of any intended changes to that list through the addition or replacement of Subprocessors at least 14 days in advance, thereby giving the Controller sufficient time to be able to object to such changes prior to the engagement of the Subprocessor(s). The Data Importer shall provide the Controller with the information necessary to enable the Controller to exercise its right to object. The Data Importer shall inform the Data Exporter of the engagement of the Subprocessor(s).
2. Where the Data Importer engages a Subprocessor to carry out specific processing activities (on behalf of the Controller), 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 Subprocessor complies with the obligations to which the Data Importer is subject pursuant to these Clauses.
3. The Data Importer shall provide, at the Data Exporter’s or Controller’s request, a copy of such a Subprocessor agreement and any subsequent amendments. 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.
4. The Data Importer shall remain fully responsible to the Data Exporter for the performance of the Subprocessor’s obligations under its contract with the Data Importer. The Data Importer shall notify the Data Exporter of any failure by the Subprocessor to fulfil its obligations under that contract.
5. The Data Importer shall agree a third-party beneficiary clause with the Subprocessor 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 Subprocessor contract and to instruct the Subprocessor to erase or return the Personal Data.

Clause 4.10: Data Subject rights

1. The Data Importer shall promptly notify the Data Exporter and, where appropriate, the Controller of any request it has received from a data subject, without responding to that request unless it has been authorised to do so by the Controller.
2. The Data Importer shall assist, where appropriate in cooperation with the Data Exporter, the Controller in fulfilling its obligations to respond to Data Subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable. In this regard, the Parties shall set out in Annex 2 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.
3. In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the Controller, as communicated by the Data Exporter.

Clause 4.11: Redress

1. 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.
2. In case of a dispute between a Data Subject and one of the Parties as regards compliance with 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.
3. 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:
   1. 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 to Clause 13;
   2. refer the dispute to the competent courts within the meaning of Clause 18.
4. 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.
5. The Data Importer shall abide by a decision that is binding under the applicable EU or Member State law.
6. 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 4.12: Liability

1. 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.
2. The Data Importer shall be liable to the Data Subject, and the Data Subject shall be entitled to receive 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.
3. Notwithstanding paragraph (b), the Data Exporter shall be liable to the data subject, and the Data Subject shall be entitled to receive compensation, for any material or non-material damages the Data Exporter or the Data Importer (or its Subprocessor) causes the Data Subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the Data Exporter and, where the Data Exporter is a processor acting on behalf of a Controller, to the liability of the Controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.
4. The Parties agree that if the Data Exporter is held liable under paragraph (c) for damages caused by the Data Importer (or its Subprocessor), it shall be entitled to claim back from the Data Importer that part of the compensation corresponding to the Data Importer’s responsibility for the damage.
5. Where more than one Party is responsible for any damage caused to the data subject as a result 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.
6. The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
7. The Data Importer may not invoke the conduct of a Subprocessor to avoid its own liability.

Clause 4.13: Supervision

1. 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 of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex 1, shall act as competent supervisory authority.
2. The Data Importer agrees to submit itself to the jurisdiction of and cooperate with the competent 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 and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

Clause 4.14: Local laws and practices affecting compliance with the Clauses

1. The Parties warrant that they have no reason to believe that the laws and practices in the third 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 access by 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 of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a 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.
2. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
   1. 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 and format of the transferred Personal Data; the economic sector in which the transfer occurs; the storage location of the data transferred;
   2. 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; and
   3. any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the Personal Data in the country of destination.
3. 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.
4. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
5. 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) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a). The data exporter shall forward the notification to the controller.
6. Following a notification pursuant to paragraph (e), or if the Data Exporter otherwise has reason 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, if appropriate in consultation with the controller. 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 the competent supervisory authority to do so. In this case, the Data Exporter shall be entitled to terminate 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 this right 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) shall apply.

Clause 4.15: Obligations of the Data Importer in case of access by public authorities

4.15.1 Notification

1. 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:
   1. 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 the request and the response provided; or
   2. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.The data exporter shall forward the notification to the controller.
2. 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 to obtain 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 to be able to demonstrate them on request of the Data Exporter.
3. Where permissible under the laws of the country of destination, the data importer agrees to provide 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 the outcome of such challenges, etc.). The data exporter shall forward the information to the controller.
4. 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.
5. 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.

4.15.2 Review of legality and data minimisation

1. The Data Importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge 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, applicable obligations 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 the request until the competent judicial authority has decided on its merits. It shall not disclose the Personal 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).
2. 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, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request. The Data Exporter shall make the assessment available to the Controller.
3. 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.

Clause 4.16: Non-compliance with the Clauses and termination

1. The Data Importer shall promptly inform the Data Exporter if it is unable to comply with these Clauses, for whatever reason.
2. In the event that the Data Importer is in breach of these Clauses or unable to comply with these 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 to Clause 14(f).
3. The Data Exporter shall be entitled to terminate the contract, insofar as it concerns the processing of Personal Data under these Clauses, where:
   1. 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 a reasonable time and in any event within one month of suspension;
   2. the Data Importer is in substantial or persistent breach of these Clauses; or
   3. the Data Importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.In these cases, it shall inform the competent supervisory authority and the Controller of such non-compliance. Where the contract involves more than two Parties, the Data Exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
4. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (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 transferred Personal 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.
5. 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 that covers 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 is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 4.17: Governing law

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

Clause 4.18: Choice of forum and jurisdiction

1. Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.
2. The Parties agree that those shall be the courts of The Republic of Ireland.
3. 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.
4. The Parties agree to submit themselves to the jurisdiction of such courts.

Section 5

Clause 5.1: Purpose and scope

1. The purpose of these standard contractual clauses is to ensure compliance with the requirements 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 the transfer of data to a third country.
2. The Parties:
   1. the Customer who has entered into the DPP for the provision of Fastmail Services (“Data Exporter”), and
   2. Fastmail hereinafter each (“Data Importer”)have agreed to these standard contractual clauses (hereinafter: “Clauses”).
3. These Clauses apply with respect to the transfer of Personal Data as specified in Annex 1.
4. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 5.2: Effect and invariability of the Clauses

1. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective 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 the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
2. These Clauses are without prejudice to obligations to which the Data Exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 5.3: Third-party beneficiaries

1. Data Subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the Data Exporter and/or Data Importer, with the following exceptions: 2. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7; 3. Clause 8 – Clause 8.1 (b) and Clause 8.3(b); 4. [not used] 5. [not used] 6. Clause 13; 7. Clause 15.1(c), (d) and (e); 8. Clause 16(e); 9. Clause 18.
2. Paragraph (a) is without prejudice to rights of Data Subjects under Regulation (EU) 2016/679.

Clause 5.4: Interpretation

1. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
3. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5.5: 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 5.6: Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex 1.

Clause 5.7: Docking clause

1. 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 and signing the Appendix and signing Annex 1.
2. Once it has completed and signed the Appendix and signed Annex 1, the acceding entity shall become 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 1.
3. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

Clause 5.8: 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, to satisfy its obligations under these Clauses.

5.8.1 Instructions

1. The Data Exporter shall process the Personal Data only on documented instructions from the Data Importer acting as its Controller.
2. The Data Exporter shall immediately inform the Data Importer if it is unable to follow those instructions, including if such instructions infringe Regulation (EU) 2016/679 or other Union or Member State data protection law.
3. The Data Importer shall refrain from any action that would prevent the data exporter from fulfilling its obligations under Regulation (EU) 2016/679, including in the context of sub-processing or as regards cooperation with competent supervisory authorities.
4. After the end of the provision of the processing services, the Data Exporter shall, at the choice of the Data Importer, delete all Personal Data processed on behalf of the Data Importer and certify to the Data Importer that it has done so, or return to the Data Importer all Personal Data processed on its behalf and delete existing copies.

5.8.2 Security of processing

1. The Parties shall implement appropriate technical and organisational measures to ensure the security of the data, including during transmission, and protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter ‘Personal Data breach’). In assessing the appropriate level of security, they shall take due account of the state of the art, the costs of implementation, the nature of the Personal Data, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the Data Subjects, and in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner.
2. The Data Exporter shall assist the Data Importer in ensuring appropriate security of the data in accordance with paragraph (a). In case of a personal data breach concerning the Personal Data processed by the Data Exporter under these Clauses, the Data Exporter shall notify the Data Importer without undue delay after becoming aware of it and assist the Data Importer in addressing the breach.
3. The Data Exporter shall ensure that persons authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

5.8.3 Documentation and compliance

1. The Parties shall be able to demonstrate compliance with these Clauses.
2. The Data Exporter shall make available to the Data Importer all information necessary to demonstrate compliance with its obligations under these Clauses and allow for and contribute to audits.

Clause 5.9: [not used]

Clause 5.10: Data Subject rights

The Parties shall assist each other in responding to enquiries and requests made by Data Subjects under the local law applicable to the Data Importer or, for data processing by the Data Exporter in the EU, under Regulation (EU) 2016/679.

Clause 5.11: Redress

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.

Clause 5.12: Liability

1. 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.
2. Each Party shall be liable to the Data Subject, and the Data Subject shall be entitled to receive compensation, for any material or non-material damages that the Party causes the Data Subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the Data Exporter under Regulation (EU) 2016/679.
3. Where more than one Party is responsible for any damage caused to the data subject as a result 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.
4. The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.
5. The Data Importer may not invoke the conduct of a Processor or Subprocessor to avoid its own liability.

Clause 5.13: [not used]

Clause 5.14: Local laws and practices affecting compliance with the Clauses

1. The Parties warrant that they have no reason to believe that the laws and practices in the third 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 access by 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 of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a 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.
2. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
   1. 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 and format of the transferred Personal Data; the economic sector in which the transfer occurs; the storage location of the data transferred;
   2. 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;
   3. any relevant contractual, technical, or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the Personal Data in the country of destination.
3. 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.
4. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
5. 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) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).
6. Following a notification pursuant to paragraph (e), or if the Data Exporter otherwise has reason 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 the competent supervisory authority to do so. In this case, the Data Exporter shall be entitled to terminate 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 this right 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) shall apply.

Clause 5.15: Obligations of the Data Importer in case of access by public authorities

5.15.1 Notification

1. 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:
   1. 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 the request and the response provided; or
   2. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.
2. 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 to obtain 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 to be able to demonstrate them on request of the Data Exporter.
3. Where permissible under the laws of the country of destination, the data importer agrees to provide 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 the outcome of such challenges, etc.).
4. 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.
5. 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.

5.15.2 Review of legality and data minimisation

1. The Data Importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge 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, applicable obligations 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 the request until the competent judicial authority has decided on its merits. It shall not disclose the Personal 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).
2. 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, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.
3. 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.

Clause 5.16: Non-compliance with the Clauses and termination

1. The Data Importer shall promptly inform the Data Exporter if it is unable to comply with these Clauses, for whatever reason.
2. In the event that the Data Importer is in breach of these Clauses or unable to comply with these 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 to Clause 14(f).
3. The Data Exporter shall be entitled to terminate the contract, insofar as it concerns the processing of Personal Data under these Clauses, where:
   1. 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 a reasonable time and in any event within one month of suspension;
   2. the Data Importer is in substantial or persistent breach of these Clauses; or
   3. the Data Importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.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 to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
4. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (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 transferred Personal 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.
5. 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 that covers 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 is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 5.17: Governing law

These Clauses shall be governed by the law of a country allowing for third-party beneficiary rights. The Parties agree that this shall be the law of the Republic of Ireland.

Clause 5.18: Choice of forum and jurisdiction

Any dispute arising from these Clauses shall be resolved by the courts of The Republic of Ireland.

Annex 1

A. LIST OF PARTIES

Data Exporter(s):

Name Your name address and contact details as provided to Fastmail as part of your purchase of the Service. Activities relevant to the data transferred under these Clauses Providing Account Data to Fastmail. Using the Service to process Communications Data. Role Controller

Data Importer(s):

Name Fastmail Pty Ltd (ABN 31 142 646 580) Address PO Box 234, Collins Street West, VIC 8007, Australia Contact person’s name, position, and contact details dataprotection@fastmailteam.com Fastmail Pty Ltd PO Box 234 Collins St West VIC 8007 Australia Activities relevant to the data transferred under these Clauses Processing Account Data as Controller and Communications Data as processor. Role Controller of Customer Account Data. Processor of Account Data associated with users who are not Customers and Communications Data

B. DESCRIPTION OF TRANSFER

Transfer Controller to Controller

Categories of Data Subjects whose Personal Data is transferred

Customers. Data Subjects whose accounts are managed by Customers. Data Subjects that communicate using the Service. Data Subjects whose personal information is included in communications made using the Service.

Categories of Personal Data transferred

Data relevant to the Customer relationship with an individual, including without limitation:

• Full name (first and last name, where applicable);
• Personal contact information (for example, phone number, email address);
• Business contact information (for example, phone number, email address, billing address);
• Technical ID data (such as IP addresses); and
• Financial / billing data.
• Usage data

The range of Personal Data that may be contained in communications sent using the platform is unlimited. The range of Sensitive Data that may be included in Communications Data sent using the platform is unlimited. The security of Communications data is assured by the measures outlined in Annex 2.

The frequency of the transfer

The transfer of Account Data is one off (subject to updating). The transfer of Communications data is ongoing.

Nature of the processing

Collection, storage, retrieval, and delivery.

Purpose(s) of the data transfer and further processing

Collecting, recording, replicating and storing the data for the purposes of:

• Delivery of service;
• Account management;
• Customer support or maintenance;
• Information and database administration (the maintenance of information or databases as a reference tool or general resource);
• Marketing or customer engagement;
• Data analytics, or business intelligence;
• Market research;
• Sale or acquisition of a business;
• Risk management and quality control; and
• Centralisation of data processing activities.

The period for which the Personal Data will be retained, or, if that is not possible, the criteria used to determine that period

Account data will be held during the period of service and for 6 years following the end of the Customer service relationship. Communications Data will be held until deleted by the Customer or as required by law, or no more than 12 months following the end of the Customer service relationship. (Exact duration is dependent on the length of the Customer service relationship).

Transfer Processor to Controller

Categories of Data Subjects whose Personal Data is transferred

Customers. Data Subjects whose accounts are managed by Customers. Data Subjects that communicate using the Service. Data Subjects whose personal information is included in communications made using the Service.

Categories of Personal Data transferred

Data relevant to the customer relationship between Customers and Data Subjects whose account are managed by Customers including without limitation:

• Full name (first and last name, where applicable);
• Personal contact information (for example, phone number, email address);
• Business contact information (for example, phone number, email address, billing address);
• Technical ID data (such as IP addresses);
• Financial / billing data;
• Usage data

The range of Personal Data that may be contained in communications sent using the platform is unlimited. The range of Sensitive Data that may be included in Communications Data sent using the platform is unlimited. The security of Communications data is assured by the measures out line in Annex 2.

The frequency of the transfer

The transfer of Account Data is one off (subject to updating). The transfer of Communications data is ongoing.

Nature of the processing

Collection, storage, retrieval, and delivery.

Purpose(s) of the data transfer and further processing

Collecting, recording, replicating and storing the data for the purposes of:

• Delivery of service;
• Account management;
• Customer support or maintenance;
• Information and database administration (the maintenance of information or databases as a reference tool or general resource);
• Marketing or customer engagement;
• Data analytics, or business intelligence;
• Market research;
• Sale or acquisition of a business;
• Risk management and quality control; and
• Centralisation of data processing activities.

The period for which the Personal Data will be retained, or, if that is not possible, the criteria used to determine that period

Service Account Data will be held during the period of service and for 6 years following the end of the Customer service relationship. Communications Data will be held until deleted by the Customer or as required by law, or no more than 12 months following the end of the Customer service relationship. (Exact duration is dependent on the length of the Customer service relationship).

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

Account data will be held during the period of service and for 6 years following the end of the Customer service relationship.

Transfer controller to processor

Categories of data subjects whose personal data is transferred

Account Information associated with data subjects whose accounts are under control of the Fastmail. Account information of a Customer, where the Customer is an account administrator for third parties, a corporation or a reseller. Data subjects that communicate using the Service. Data subjects whose personal information is included in communications made using the Service.

Categories of personal data transferred

Data relevant to the Customer relationship with an individual, including without limitation:

• Full name (first and last name, where applicable);
• Personal contact information (for example, phone number, email address);
• Business contact information (for example, phone number, email address, billing address);
• Technical ID data (such as IP addresses); and
• Financial / billing data.
• Usage data

The range of Personal Data that may be contained in communications sent using the platform is unlimited. The range of Sensitive Data that may be included in Communications Data sent using the platform is unlimited. The security of Communications data is assured by the measures out line in Annex 2.

The frequency of the transfer

The transfer of Account Data is one off (subject to updating). The transfer of Communications data is ongoing.

Nature of the processing

Collection, storage, retrieval, and delivery.

Purpose(s) of the data transfer and further processing

Collecting, recording, replicating and storing the data for the purposes of:

• Delivery of service;
• Account management;
• Customer support or maintenance;
• Information and database administration (the maintenance of information or databases as a reference tool or general resource);
• Marketing or customer engagement;
• Data analytics, or business intelligence;
• Market research;
• Sale or acquisition of a business;
• Risk management and quality control; and
• Centralisation of data processing activities.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

Account data will be held during the period of service and for 6 years following the end of the Customer service relationship. Communications Data will be held until deleted by the Customer or as required by law, or no more than 12 months following the end of the Customer service relationship. (Exact duration is dependent on the length of the Customer service relationship).

Transfer processor to processor

Categories of data subjects whose personal data is transferred

Account Information associated with data subjects whose accounts are under control of the Fastmail. Account information of a Customer, where the Customer is an account administrator for third parties, a corporation or a reseller. Data subjects that communicate using the Service. Data subjects whose personal information is included in communications made using the Service.

Categories of personal data transferred

Data relevant to the customer relationship between Customers and data subjects whose account are managed by Customers including without limitation:

• Full name (first and last name, where applicable);
• Personal contact information (for example, phone number, email address);
• Business contact information (for example, phone number, email address, billing address);
• Technical ID data (such as IP addresses); and
• Financial / billing data (including bank account numbers).
• Usage data

The range of Personal Data that may be contained in communications sent using the platform is unlimited. The range of Sensitive Data that may be included in Communications Data sent using the platform is unlimited. The security of Communications data is assured by the measures out line in Annex 2.

The frequency of the transfer

The transfer of Account Data is one off (subject to updating). The transfer of Communications data is ongoing.

Nature of the processing

Collection, storage, retrieval, and delivery.

Purpose(s) of the data transfer and further processing

Collecting, recording, replicating and storing the data for the purposes of:

• Delivery of service;
• Account management;
• Customer support or maintenance;
• Information and database administration (the maintenance of information or databases as a reference tool or general resource);
• Marketing or customer engagement;
• Data analytics, or business intelligence;
• Market research;
• Sale or acquisition of a business;
• Risk management and quality control; and
• Centralisation of data processing activities.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

Service Account Data will be held during the period of service and for 6 years following the end of the Customer service relationship. Communications Data will be held until deleted by the Customer or as required by law, or no more than 12 months following the end of the Customer service relationship. (Exact duration is dependent on the length of the Customer service relationship).

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

Account data will be held during the period of service and for 6 years following the end of the Customer service relationship. Communications Data will be held until deleted by the Customer or as required by law, or no more than 12 months following the end of the Customer service relationship. (Exact duration is dependent on the length of the Customer service relationship).

C. COMPETENT SUPERVISORY AUTHORITY

Transfer Controller to Controller

The Data Protection Commission of the Republic of Ireland

Annex 2

We have a great responsibility at Fastmail to keep your email and personal information secure. We continually review our policies and processes, and take new measures wherever possible to further secure your data. On this page, we list some of the things we do to maintain not just the confidentiality, but also the availability and integrity of your data.

1: Pseudonymisation and encryption of Personal Data

Customer data

We know that email is free-form and could contain all kinds of information about our customers and other people they correspond with, including data of the most confidential sort. Due to the nature of our business (hosting, receiving and sending free-form emails), our systems process large amounts of data that is potentially highly confidential. For this reason, we treat all Personal Data belonging to our customers (“your data”) as Customer Confidential, which is the highest level of protection within our data modelling and classification. To provide the services we offer, it is necessary for our computer systems to process unencrypted and unobfuscated data (for example: to build the search indexes which allow fast message retrieval, or to push alarm notifications for calendar events). This document details technical and organisational security controls in place to secure your data.

Encryption Key Management

Encryption keys are long and extremely complex passwords, created in software that we use to encrypt storage, backups and other systems at Fastmail. Keys used within Fastmail systems are reliably managed, securely generated, securely stored, and revoked, and rotated if ever thought to be compromised. All encryption keys are retained solely under the control of Fastmail, which means that even if access to encrypted data were to occur, without access to our encryption keys, it would be unreadable.

2: Backup and restoring Personal Data

Customer data and internal system backups

Fastmail not only backups and encrypts your data at rest, but backup our own system to ensure that if the event of a system failure, we can restore all the systems that allow you to access your data.

Backup verification

Backing up your data is only useful if that backup can be restored. Fastmail verify backups using integrity checks that ensure the data backed up is readable and is exactly the same as the data in your inbox.

Backup and disaster recovery testing

As well as testing the recovery processes for customer data, Fastmail internal systems span across numerous components. Each one of these components and systems undergo a range of different recovery tests, and disaster recovery scenarios. These ongoing processes across our platform reduces the chance that any single outage will stop you from accessing your data.

3: Testing, assessing and evaluating our security

Bug bounty

We run a tight ship, but we’re only human and humans can make mistakes. That’s why we run a bug bounty program to encourage responsible disclosure of security issues and to reward security researchers who take the time to help us keep Fastmail safe.

External and Internal Audit

Fastmail undergoes external audits by vendors, including penetration tests against our systems to ensure that we meet or exceed industry standards. Our internal staff are always testing and improving the security at Fastmail, which is a never-ending process. The continuous improvement of our software and system is the responsibility of all Fastmail staff.

4: User identification and authorisation

Secure authentication systems

Fastmail enforce username and password authentication, and highly recommend Two Factor Authentication (2FA). We also support advanced authentication methods such as U2F or YubiKey OTP, with allow you to log on using a secure USB device, as well as supporting SMS account recovery methods. Fastmail help pages include a password security page, and a two factor authentication page to ensure that you can select an authentication method appropriate for you.

User identification processes

Fastmail has both detailed policies and processes in place to verify our users. These include the existing authentication processes used when you access your mail, as well as additional verification processes. We require internal escalation to senior staff that ensure we do not interact with unverified individuals until we are absolutely certain that they are, in fact, who they claim to be. These processes are reinforced with both information security and privacy training.

Remote logout

Fastmail provides you with a remote logout feature, which allows you to log out of device that was used to access your email. It may be a lost or misplaced device, a computer at an internet café, library, or a friend’s house. This ensures you have complete control over all devices that can access your data.

5: Protection of data during transmission

Secure access to mail

We mandate all connections to our servers use Transport Layer Security (TLS) and Secure Sockets Layer (SSL) encryption, for all email client connections including webmail, the Fastmail official app, and IMAP/POP/SMTP email client access. This prevents eavesdropping, tampering, and message forgery on any communication between your computer or phone and our servers. We have full support for Perfect Forward Secrecy (PFS) with our encrypted connections, which ensures that even if we were somehow compromised in the future, no previous communication could be decrypted. All connections in supporting browsers have been protected by PFS since July 2012. A Strict Transport Security header is sent with all of our webpages. This tells all modern browsers to only connect to us over an encrypted connection, even if you have a bookmark, click a link or type a URL to an unencrypted page at our site.

Encrypted sending/receiving

Whenever you send a message to someone outside of Fastmail we have to send it across the open internet. Since January 2010 we have fully encrypted all connections between us and the receiving server whenever the other server supports it, preventing passive eavesdropping, tampering or forgery. Similarly, we have accepted encrypted connections for mail delivery to our servers since April 2009, and we encourage all servers connecting to us to use it.

6: Protection of data during storage

Password encryption

Where you are using a password to access our systems, we store that password in a non-reversible encryption scheme using current best practices. Where we are storing a password used to access other systems on your behalf (for example, POP links and calendar links) the password is stored with reversible encryption using a key that is stored separately from the encrypted data. These are stored in Hardware Security Modules (HSM), specialist dedicated hardware designed specifically for the secure storage of encrypted data.

On-disk encryption

All your data is stored on encrypted disk volumes, including backups. We believe this level of protection strikes the correct balance between confidentiality and availability. At this stage, some system log data (which could contain personal information) is temporarily stored on un-encrypted disks on individual servers, however, we have a plan to bring encryption to all system logging as well.

7: Physical security

Physical data centre security

Our main servers are located at 365 Data Centers in Bridgewater, New Jersey, USA. Their facility is a high-security, video-monitored location with backup power, air conditioning, fire systems, 24x7x365 monitoring, and onsite technical support. 365 does a whole lot more to ensure security, including their hardware, best-practices, and routines. You can read all about them on their homepage. Our secondary site in Seattle has equivalent physical security. We use “remote hands” staff from the data centres to perform routine maintenance on our servers (e.g., replacing hard disks or installing new machines), however they do not have logins, encryption keys, or the ability to access your data. Our data centre vendors provide us with power, cooling, and network links (public internet) but do not manage or have permitted access to our internal network between servers. All public internet-facing machines have a firewall. All data transfer between our datacentres is over an encrypted VPN (virtual private network) managed by us.

8: Event logging

Tracking and logging staff access

While Fastmail staff may need to access your data when providing support that you have requested, on top of the obfuscation controls to ensure that staff view only the least possible amount of data to do their jobs, all access by staff across all system are logged. Access to core systems by administrators, which includes direct access to customer data, is also strictly logged and audited, to ensure that access to systems that store and process your data is highly restricted.

Viewing who logged into your account

Fastmail allows you to view details around the most recent access into your account. You can see how your account was accessed, successful and failed attempts, time and date, as well as technical details such as the IP address and the device or verification method used. This allows you to take appropriate measures should you believe someone is trying to gain access into your account.

9: Secure configuration of our software and systems

We only allow necessary communications

Many unexpected forms of attack come from failing to close potential vulnerabilities, including database port access, SSH port access, and so forth. We use kernel-level firewalling to only allow connections to the services provided by each machine.

Content security policy

Within our web interface we set a Content Security Policy header, which ensures that only scripts we’ve written can be run. This means that a potentially malicious email that somehow managed to slip through our filters would still not be able to do anything dangerous. We use isolated domains to separate out untrusted content from the pages we generate. For example, when you open an attachment, it opens at fastmailusercontent.com rather than fastmail.com. Thanks to browser cross-origin security restrictions, this means that a rogue attachment can never access any of your data. Similarly, user websites are hosted on subdomains of user.fm, keeping them isolated from our site as well.

We keep track of software updates

Software contains bugs. We track the software we use and any security vulnerabilities, and upgrade as soon as an issue is reported.

10: Embedded privacy controls by default

Image loading

When accessing your email through our web interface, we protect your privacy by fetching all referenced images through our servers. This prevents the owner of the image from being sent additional information about you such as your internet address (which reveals your rough location), browser information, and sometimes even tracking cookies.

Privacy controls

You have choices regarding the information we collect and how it’s used. You can review and adjust privacy settings in your account. Some of our products offer specific privacy settings. For example, you can manage your contact information, such as your name, email address, and phone number. You can also delete certain information, or your entire Fastmail account should you wish to do so.

11: Internal information security control and processes

Staff access to your data

We limit staff access to customer data as stringently as their roles allow, strongly adhering to the principles of both least privilege, and need to know. Due to the nature of their jobs, it is necessary for our operations staff to have access to the systems where customer data is processed. The staff who do require access to production servers for their jobs are aware of their responsibility to protect the confidentiality of your data, and only access that data where it’s required either to provide customer support or for operational necessity. Our systems are designed to allow our support and operational staff to perform their duties without being exposed to your data: where possible, obfuscated data is presented (like to debug display problems). Your explicit consent is sought if viewing unobfuscated data is necessary to solve customer service issues. Due to the nature of their jobs, it may be necessary for our security and fraud staff to have access to deobfuscated customer data or other personal information. Sometimes we anonymize your information, for example creating a test case that reproduces a bug found with your data, by making a case that will trigger the same bug without containing any confidential or personally identifying information. When performing business analytics (how customers use our service) we only work with anonymised or unidentifiable data.

12: Vendor and third-party security

We use software systems that take security seriously

We use Debian and Joyent SmartOS as our operating systems because they both take their security responsibilities and updates seriously. In most cases, an update for a security problem will be available within hours of the original report.

13: Ensuring data minimisation

Limited access to customer data

Fastmail actively develops polices, processes, and technical solutions that limit the exposure of customer data to our staff. We take steps to ensure that only the data relevant to the issue at hand is exposed to our staff, and even then, access is logged.

Data minimisation with third parties

When Fastmail uses a third party to provide services, if not completely encrypted or anonymized, the minimal amount of data is provided, and where possible this includes not disclosing any personal information if is not required to provide a service. For example, when we use bug tracking or support software, we only record information required to address a support issue.

14: Ensuring data quality

Updating your personal information

The personal information attached to your account can be updated at any time. We provide tools via the portal that ensure that your Personal Data is up to date, and accurate.

Data integrity

One benefit of encryption, both at Fastmail and in general, is that it not only secures your data but also ensures that data has not been tampered with. As a result of the encryption used to transmit, store, and back up your data, we ensure your data is not tampered with or modified, and that its integrity is protected.

15: Ensuring limited data retention

Destruction of customer data

Some of the features of our products are designed specifically around not losing data, so as long as you want us to retain your data, it is replicated to multiple systems and backed up with encryption. When you request destruction of your data by deleting specific items or closing your account, the data is removed in a time-delayed manner. This both allows you to change your mind (undo, or restore from backup), and allows for the possibility that if your account is compromised and the attacker tries to delete everything, we can recover your data. We also collect some data which is personally identifiable as a side effect of the system monitoring and logging which we require for our operational stability. This is not permanently recorded.

Destruction of system logs

System logs are retained for 180 days before being deleted. We have a legitimate interest in having those logs available both to ensure the reliable operation of our systems, and to provide evidence of activity when users report unexpected states in their account.

Destruction of deleted emails, contacts, and calendars

Emails, contacts, calendars, and other Personal Data including notes that have been deleted in Fastmail or Pobox Mailstore are kept on disk for self-service restore for between 7 and 14 days after deletion.

Destruction of backup and search index data

The backup copies of email and search indexes are pruned on an “as-needed” basis based on the ratio of space that would be saved by re-compacting them. At the moment there is no guarantee that a particular message will be purged on a timeline, however our support can perform an immediate prune for a particular account on request.

Destruction of data after account closure

After an account is terminated, data and backups are purged within a timeframe of between 37 days to 1 year after closure depending on how long the account was active for, and whether the account was explicitly closed or lapsed due to lack of payment.

16: Ensuring accountability

Internal policies

Fastmail develops, internally distributes, and adheres to internal policies with clear allocation of responsibilities, and enforce all the security measures detailed within this document.

Vendor contracts

Fastmail holds our vendors accountable by ensuring they commit to the same level of security and privacy that we do though contracts and Data Protection Agreements.

17: Allowing data portability and ensuring erasure

Self-service data export

Fastmail ensures data portability through the ability to download and export a copy of all of your data and content in your Fastmail account if you want to back it up or use it with a service outside of Fastmail.

Self Service Account Closure

Fastmail allows users to erase their data through self-service account closure. This will remove your account as well as any backups of your account.

18: Data transfer to third parties

Transfer of confidential data with third parties

Fastmail’s value proposition is “service in exchange for money”. We don’t ever sell or monetize confidential data, or aggregate customer data. As part of our commitment to open source, we do sometimes share statistical data (for example the average size of emails, or the percentage of email traffic which is encrypted or written in particular languages) which is useful in the broader email community to help drive software design. We also share reports of spam, including spam false positives and false negatives with our partner organisations who provide us with spam prevention feeds. We use third-party hosted services for bug tracking, support, exception alerting, and communications. While we don’t send bulk data through any of these services, small pieces of your data may wind up in core dumps, in support ticket updates, inside bug descriptions (we obfuscate where possible, but sometimes the raw data is needed) or in chat messages where colleagues work together to solve problems.

Onward Transfer

Onward transfer, simply put, is passing on data entrusted to us. While Fastmail always notifies our users of services that may receive your data, even in those cases Fastmail will not engage in any onward transfer, or suspend ongoing transfers, unless those parties can demonstrate the same level of protection of your Personal Data that we provide. We make sure that these third parties give us more than their word, and these protections are typically enforced by contracts, which may also include Data Protection Agreements (DPAs), so you can be assured that we will never transfer as aspect of your data to anyone who does not take your privacy as seriously as we do.

19: Additional information for Fastmail users

Limitations to email encryption

While communication between your computer and our servers is encrypted, any email that you send to another server may have to pass over the internet in an unencrypted form if the destination server doesn’t accept encrypted communications. (We encrypt it wherever possible). The only way to ensure end-to-end security with email is to use email encryption software such as Pretty Good Privacy (PGP) or Secure/Multipurpose Internet mail Extensions (S/MIME). Both of these systems require the creation of certificates, run on your computer, and are attached to your email client to encrypt/decrypt messages. Providing secure end-to-end encryption via webmail is impossible. There are basically two options, both flawed:

1. Keep a private key on the server and encrypt email on the server

Although all traffic between the server and client may be encrypted via TLS, and then the email itself is encrypted on the server before being sent to the world, the unencrypted email is still available on the server between the TLS and encryption stages.

2. Use Java or JavaScript to encrypt email in the browser

This method can’t prevent someone using malicious scripts to send encrypted messages back to the server, as well as the encryption key, for the server to decrypt. Since the JavaScript client is sourced from our servers, any in-browser code has the same security profile as code running on our servers.

Annex 3

CO-CONTROLLERS

For customers who have purchased Fastmail through our App on the Apple store, you have provided payment and related information directly to Apple and this is correlated with accounts in Fastmail systems.

For customers who have billing through Paddle (our merchant-of-record billing partner), you have provided payment and related information directly to Paddle and this is correlated with accounts in Fastmail systems.

AGREED LIST OF SUBPROCESSORS

Antispam/antifraud/antiabuse

• Cloudmark (Proofpoint)
• eHawk
• Google reCaptcha
• hCaptcha
• Maxmind
• Vade

Business operations

• Fastmail US LLC

Customer comms and business analytics

• Alchemer
• Mailchimp
• Matomo
• SurveyMonkey

Customer support

• J2Connect (fax)
• Zendesk
• Savio
• Pythia

Payment processing

• Avalara AvaTax
• Partnerstack
• Paypal
• Pin
• Stripe
• Xero

Product features

• 365 Datacentres
• CentralNic Reseller (RRPproxy)
• Digital Fortress
• Twilio
• WPEngine

Tooling for debugging customer issues and segmented feature rollouts

• Dropbox
• GitHub
• Linear
• LiquidPlanner
• Notion
• PagerDuty
• Sentry
• Slack