UK Cloud Legal Documents

Violation of the Acceptable Use Policy (“AUP”) may result in suspension or termination of your (“your”, “you”) services in accordance with the Centerprise International Limited, hereinafter “Centerprise” (“we”, “us”) Terms of Service.

Abusive Usage

You may not use Centerprise services for actions or activities which, at our sole discretion, may be illegal, offensive and abusive or promote and foster such irresponsible behaviour as well as actions contrary to accepted internet norms or behaviour that threatens our infrastructure. This includes but is not limited to:

• Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network; Involvement in fraudulent activities;
• Unauthorised access to systems, networks and data including attempts to identify vulnerabilities in systems and networks without the express permission of the system or network owner;
• Use of an Internet account or computing without the owners’ authorisation;
• Monitoring of data and network traffic without the owners’ authorisation;
• Collection of user information (including financial information) and email addresses without the consent of the person identified (phishing);
• Interference with service to other users of computer systems or networks, including denial of service attacks;
• Use of false or misleading TCP-IP packet header information including but not limited to within emails and newsgroup postings;
• Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abusive if they were carried out by Centerprise;
• Use of Centerprise services to distribute software that covertly transmits user information and advertising delivery software (unless said software includes user consent and easy removal using standard established methods);
• Any other misuse of our or other computer systems; and
• Any conduct likely to result in retaliation against Centerprise services, including engaging in behaviour that results in a denial of service attack.

Offensive Content

We prohibit content on Centerprise services which appear to us, at our sole discretion, to be offensive. This includes but is not limited to the storing or transmitting of any content or links to any content which we believe to be:

• Excessively violent, inciting violence or threatening violence;
• Child pornography or non-consensual sex acts;
• Harassing or inciting hate of any person or group of persons;
• Defamatory;
• Violating the privacy of any person or group of persons;
• Promoting or soliciting illegal activities under any applicable laws;
• Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so;
• Unfair or deceptive under consumer protection laws under any jurisdiction;
• Is illegal or promotes illegal activity under your applicable laws or that of Centerprise;
• Violates export control laws or relates to illegal arms trafficking or illegal gambling;
• Promotes illegal drugs; and
• Creates a risk to safety, health or national security.

Bulk Email & Content

We prohibit all uses of Centerprise services which appear to us at our sole discretion to involve bulk email or posting of content. This includes but is not limited to:

• Sending of unsolicited bulk/commercial email (spam); and
• Excessive posting on web forums, news groups, chat services or IRC.
• In order to send bulk or commercial email using Centerprise services, you must seek prior approval from Centerprise which will only be granted if you can demonstrate that:
• All intended recipients have given their express consent to receive such email for example via an opt-in procedure;
• Procedures for express consent from recipients of email must include reasonable steps to ensure the individual/company giving consent is actually the owner of the email receiving email;
• You retain proof of consent for all recipients and are able and willing to produce such evidence to Centerprise within 5 working days of requests made by Centerprise to provide proof;
• You retain a clear procedure for any recipient to revoke consent for receiving email and can demonstrate this procedure to Centerprise upon request;
• You honour all requests to revoke consent for receiving email from recipients within 5 working days of receiving said request and you confirm to the requesting recipient when the removal procedure has been completed;
• You maintain a Privacy Policy clearly linked on the website associated with the emails being transmitted;
• You must maintain an email address for reporting abuse or complaints. This email address must be registered with www.abuse.net;
• Emails received at your registered abuse email address must be responded to within 5 working days of receipt;
• The source of any email sent using Centerprise services must not be disguised or obscured in any manner;
• These requirements relate to all email transmitted via Centerprise services or relating to any site or services hosted or using any Centerprise services; and
• Centerprise retains the right to test and monitor continued compliance with the above conditions.

Centerprise may block mail that violates this AUP and your mail services may be suspended or terminated for any violation of this AUP in accordance with the Terms of Service.

Behaviour Posing a Threat to Infrastructure

We prohibit all uses of Centerprise services which appear to us, at our sole discretion, to threaten our infrastructure. This includes but is not limited to:

• Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use;
• Virtual server configurations with inadequate security, allowing unauthorized third party access; and
• Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

Service Level Agreement

No credit will be available under the Centerprise Service Level Agreement for interruptions of service resulting from Authorised Use Policy violations.

Compliance for You & Your Users

You will ensure that all use of Centerprise services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an Acceptable Use Policy containing all of the restrictions above.

Last Updated: 01 July 2021
Copyright CloudSigma AG, 2021.  All rights reserved.

This Data Processing Agreement (DPA) regulates the processing of customer data including personal data as per the requirements of the European General Data Protection Regulation.

This DPA is entered into between us (the Data Processor) and you (the Data Controller) and is incorporated into and governed by the terms of the Agreement.

In no event shall the DPA become effective later than July 1st, 2021 for any data processing activities requested by you as the Data Controller from us as the Data Processor.

The parties agree as follows:

1. Definitions

For the purposes of the clauses in this Data Processing Agreement:

• “Agreement” shall mean the agreement between you and us for the provision of the Cloud Service as defined in the Terms of Service.
• “Affiliate” means any corporation or other business entity, now or hereafter existing, who directly or indirectly controls, is controlled by or is under common control with one of the contracting parties. As used herein, “control” means (a) the power, by ownership of voting equity, contract or otherwise, to elect a majority of the board of directors or other governing body of the subject entity or to otherwise direct the management and policies of the subject entity, or (b) the record or beneficial ownership, directly or indirectly, alone or in combination with one or more Affiliate(s), other than by way of security interest only, of more than 50% of the voting rights, income or capital of the subject entity; and “controlled” has a corresponding meaning.
• “Authorised Affiliate” means Your Affiliate(s) who are permitted to use the Cloud Service pursuant to the terms of the Agreement, but who have not signed the Agreement or a Purchase.
• “Controller” shall mean you.
• “Customer Data” means all files, content, metadata, Personal Data, Confidential Information and any other data stored or processed via the Services as requested by you as the Controller.
• “Data Subject” shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (as amended from time to time, or replaced by subsequent legislation) or under any equivalent data protection regulation of applicable law. Without limiting the foregoing, Data Subject essentially means a natural person who is the subject of Personal Data.
• “DPA” means this data processing agreement together with its Appendices 1 and 2.
• “Personal Data” shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (as amended from time to time, or replaced by subsequent legislation), or under any equivalent data protection regulation of applicable law. Without limiting the foregoing, Personal Data means any information that could be used to identify a natural person, directly or indirectly, in particular by reference to a name or personal identification number, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
• “Processor” means us.
• “Services” means services provided in exchange for Credit balance or provided free by CloudSigma as described on the pages of the Website relevant to that service. Services include only those services which are offered via the Website including but not limited to the provision of virtual servers, core-CPU power, disk data storage, RAM, network data transfer, IP addresses and VLANs. Services are provided in accordance with the Agreement.
• “Standard Contractual Clauses” means means the EU model clauses for personal data transfer from controllers to processors and third countries as per c2010-593 – Decision 2010/87EU (as amended from time to time, or replaced by subsequent legislation).
• “Sub-Processor” means any person or entity engaged by us or any of our Affiliates to process Customer Data in the provision of the Services to you.

Any capitalised term not defined in this DPA shall have the meaning given to it in the Agreement.

2. Purpose

• 2.1 We have agreed to provide the Services to you in accordance with the terms of the Agreement. In providing the Services, we shall process Customer Data on behalf of you. We will process and protect such Customer Data in accordance with the terms of this DPA.

3. Scope

• 3.1 In providing the Services to you pursuant to the terms of the Agreement, we shall process Customer Data only to the extent necessary to provide the Services in accordance with both the terms of the Agreement and this DPA.
• 3.2 The details of the data processing activities to be performed by us and in particular the special categories of Personal Data where applicable are specified in Appendix 1 which forms an integral part of this DPA.

4. Obligations of the Processor

• 4.1 We may collect, process or use Customer Data only within the scope of this DPA.
• 4.2 We confirm that we shall process Customer Data on behalf of you and shall take steps to ensure that any natural person acting under the authority of us who has access to Customer Data does not process the Customer Data except on instructions from you.
• 4.3 We shall promptly inform you, if in our opinion, any of the instructions regarding the processing of Customer Data provided by you, breach any applicable data protection laws, in which case you are entitled to suspend the transfer of data.
• 4.4 We shall ensure that all employees, agents, officers and contractors involved in the handling of Customer Data: (i) are aware of the confidential nature of the Customer Data and are contractually bound to keep the Customer Data confidential; (ii) have received appropriate training on their responsibilities as a data processor; and (iii) are bound by the terms of this DPA.
• 4.5 We shall implement appropriate technical and organisational procedures to protect Customer Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
• 4.6 We shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Customer Data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security, account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data transmitted, stored or otherwise processed.
• 4.7 We confirm that we have implemented the technical and organisational security measures specified in Appendix 2 before processing the Personal Data. You accept and agree that the technical and organisational measures are subject to development and review and that we may use alternative suitable measures to those detailed in the attachments to this DPA.
• 4.8 We confirm that, unless you give us explicit permission, we will never inspect your stored data and will only measure the volume of your transmitted data for billing purposes or inspect your transmitted data to investigate suspected violations of our Acceptable Use Policy. We will never disclose your data to any third party unless we are required to do so by court or administrative order.
• 4.9 Where Customer Data relating to an EU Data Subject is transferred outside of the EEA, it shall be processed:
  • 4.9.1 in a third country or territory recognised by the EU Commission as having an adequate level of protection;
  • 4.9.2 in accordance to with legally recognised safeguards or Binding Corporate Rules;
  • 4.9.3 in accordance with Standard Contractual Clauses in all other cases.
• 4.10 Taking into account the nature of the processing and the information available to us, we shall assist you by having in place appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the Data Subject’s rights and your compliance with your data protection obligations in respect of the processing of Customer Data.
• 4.11 We confirm that we and/or our Affiliate(s) have appointed a data protection officer where such appointment is required by applicable data protection legislation. The appointed data protection officer may be reached at cicloud@centerprise.co.uk.

5. Obligations of the Controller

• 5.1 You represent and warrant that you shall comply with the terms of the Agreement, this DPA and all applicable data protection laws.
• 5.2 You represent and warrant that you have obtained any and all necessary permissions and authorisations necessary to permit us, our Affiliates and Sub-Processors, to execute their rights or perform their obligations under this DPA.
• 5.3 You are responsible for compliance with all applicable data protection legislation, including requirements with regards to the transfer of Customer Data under this DPA and the Agreement.
• 5.4 All Affiliate(s) of you who use the Services shall comply with your obligations set out in this DPA.
• 5.5 You shall implement appropriate technical and organisational procedures to protect Customer Data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. You shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (i) the pseudonymisation and encryption of Customer Data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident; (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing. In accessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data transmitted, stored or otherwise processed.
• 5.6 You shall take steps to ensure that any natural person acting under your authority who has access to Customer Data does not process the Customer Data except on your instructions.
• 5.7 You shall agree to forward any notification received from the Processor or any Sub-processor pursuant to Clause 4.3 to the data protection supervisory authority if the you decide to continue the processing or to lift the suspension.
• 5.8 You may require correction, deletion, blocking and/or making available the Customer Data during or after termination of the Agreement. We will process the request to the extent it is lawful, and will reasonably fulfil such request in accordance with its standard operational procedures to the extent possible.
• 5.9 You acknowledge and agree that some instructions from you, including destruction or return of data from us, may result in additional fees. In such a case, we will notify you of such fees in advance unless otherwise agreed.

6. Sub-Processors

• 6.1 You acknowledge and agree that: (i) Our Affiliate(s) may be used as Sub-processors; and (ii) we and our Affiliate(s) respectively may engage Sub-processors in connection with the provision of the Services.
• 6.2 All Sub-processors who process Customer Data in the provision of the Services to you shall comply with our obligations set out in this DPA.
• 6.3 Where Sub-processors are located outside of the EEA, we confirm that such Sub-processors: (i) are located in a third country or territory recognised by the EU Commission to have an adequate level of protection; or (ii) have entered into Standard Contractual Clauses with us; or (iii) have other legally recognised appropriate safeguards in place, or Binding Corporate Rules.
• 6.4 We shall make available to you the current list of Sub-processors upon request which shall include the identities of Sub-processors and their country of location. During the term of this DPA, we shall provide you with prior notification, via email, of any changes to the list of Sub-processor(s) who may process Customer Data before authorising any new or replacement Sub-processor(s) to process Customer Data in connection with the provision of the Services.
• 6.5 You may object to the use of a new or replacement Sub-processor, by notifying us promptly in writing within ten (10) Business Days after receipt of our notice. If you object to a new or replacement Sub-processor, and that objection is not unreasonable, you may terminate the Agreement or applicable Purchase with respect to those services which cannot be provided by us without the use of the new or replacement Sub-processor. We will refund you any prepaid fees covering the remainder of the term of the Agreement (or applicable Purchase) following the effective date of termination with respect to such terminated services.

7. Liability

• 7.1 The limitations on liability set out in the Agreement apply to all claims made pursuant to any breach of the terms of this DPA.
• 7.2 The parties agree that we shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of our Sub-processors to the same extent we would be liable if performing the services of each Sub-processor directly under the terms of the DPA, subject to any limitations on liability set out in the terms of the Agreement.
• 7.3 The parties agree that you shall be liable for any breaches of this DPA caused by the acts and omissions or negligence of your Affiliates as if such acts, omissions or negligence had been committed by you yourself.
• 7.4 You shall not be entitled to recover more than once in respect of the same claim.

8. Audit

• 8.1 We shall make available to you subject to a fee all information reasonably necessary to demonstrate compliance with our processing obligations and allow for and contribute to audits and inspections.
• 8.2 Any audit conducted by you under this DPA shall consist of examination of the most recent reports, certificates and/or extracts prepared by an independent auditor bound by confidentiality provisions at least as strict as those set out in the Agreement. In the event that provision of the same is not deemed sufficient in your reasonable opinion, you may conduct a more extensive audit which will be: (i) at your expense; (ii) limited in scope to matters specific to you and agreed in advance; (iii) carried out during Swiss business hours and upon reasonable notice which shall be not less than 4 weeks unless an identifiable material issue has arisen; and (iv) conducted in a way which does not interfere with our day-to-day business.
• 8.3 This clause shall not modify or limit your rights of audit, instead it is intended to clarify the procedures in respect of any audit undertaken pursuant thereto.

9. Notification of Data Breach

• 9.1 We shall notify you without undue delay after becoming aware of (and in any event within 72 hours of discovering) any accidental or unlawful destruction, loss, alteration or unauthorised disclosure or access to any Customer Data (“Data Breach”).
• 9.2 We will promptly investigate every security breach and take reasonable measures to identify its root cause(s), mitigate its adverse effect and prevent a recurrence. As information becomes available, unless prohibited by law, we will provide you with a description of the security breach, the type of Customer Data that was the subject of the Data Breach, and other information you may reasonably request concerning the affected Customer Data.
• 9.3 We will take all commercially reasonable measures to secure the Customer Data, to limit the effects of any Data Breach, and to assist you in meeting your obligations under applicable law.

10. Compliance, Cooperation and Response

• 10.1 In the event that we receive a request from a Data Subject in relation to Customer Data, we will refer the Data Subject to you unless otherwise prohibited by law. You shall reimburse us for all costs incurred resulting from providing reasonable assistance in dealing with a Data Subject request. In the event that we are legally required to respond to the Data Subject, you will fully cooperate with us as applicable.
• 10.2 We will notify you promptly of any request or complaint regarding the processing of Customer Data, which adversely impacts you, unless such notification is not permitted under applicable law or a relevant court order.
• 10.3 We may make copies of and/or retain Customer Data in compliance with any legal or regulatory requirement including, but not limited to, retention requirements.
• 10.4 The parties acknowledge that it is the duty of you to notify us within a reasonable time, of any changes to applicable data protection laws, codes or regulations which may affect our contractual duties. We shall respond within a reasonable timeframe in respect of any changes that need to be made to the terms of this DPA. If the parties agree that amendments are required, but we are unable to accommodate the necessary changes, you may terminate the part or parts of the Services which give rise to the non-compliance. To the extent that other parts of the Services provided are not affected by such changes, the provision of those Services shall remain unaffected.
• 10.5 The Controller and the Processor and, where applicable, their representatives, shall cooperate, on request, with the applicable supervisory authority in the performance of their respective obligations under this DPA.

11. Term and Termination

• 11.1 The term of this DPA shall coincide with the commencement of the Agreement and this DPA shall terminate automatically together with termination or expiry of the Agreement.
• 11.2 We shall within forty-five (45) days of termination of the Agreement, delete all Customer Data from our systems and provide you with certificates of such deletion upon request. Excluded from this provision is Customer Data on Hosting types or Backup options with longer retention periods for which, after termination of the Agreement, we can continue storing Customer Data for as long as the retention period defined for the Hosting type or Backup option plus forty-five (45) days. If you make a request to have Customer Data deleted earlier than the expiry of the extended storage period, we shall delete the Customer Data without undue delay, for a charge unless prohibited from doing so by applicable law.

12. General

• 12.1 This DPA sets out the entire understanding of the parties with regards to the subject matter herein.
• 12.2 Should a provision of this DPA be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
• 12.3 This DPA shall be governed by the law applicable to the terms of the Agreement. The courts that shall have exclusive jurisdiction for the settlement of all disputes arising under this DPA shall be the same as those set out in the terms of the Agreement.

Last Updated: 01 Jan 2019 Copyright CLOUDSIGMA AG, 2021.  All rights reserved.

Appendix 1: Data Processing Activities to Be Performed by Us

You as the Data Controller grant users the right to access the Services in accordance with the terms of the Agreement for transfer of Customer Data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below.

1. Controller

You as the Data Controller grant users the right to access the Services in accordance with the terms of the Agreement for transfer of Customer Data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below.

2. Processor

We as the Data Processor received data identified in sections 3, 4 and 5 below, as it relates to the processing operations identified in section 6 below.

3. Data Subjects

You acknowledge and agree that the categories of Data subjects that use and might process Customer Data via the Services are solely determined by you and your User’s use of the Services. Notwithstanding the foregoing, the Customer Data processed usually concerns the following categories of Data Subjects:

• Employees, freelancers and contractors of you;
• Users, Affiliates and other participants;
• Partners, suppliers or service providers of you;
• Customers of you;
• Any individual to whom you have granted the right to access the Services in accordance with the terms of the Agreement;
• Other individuals to the extent identifiable through their use or registration with the Services, or through content of files or metadata processed with the Services.

4. Categories of Customer Data

For using the Services, we do not require any other Customer Data from Users other than the full name, email address, password and IP address for using the Services.

The categories of Customer Data processed is solely determined by you and your Users use of the Services. Customer Data might be stored in database records, metadata and files on file systems which identify or may reasonably be used to identify, Data Subjects.

You agree and acknowledge that you and your Users have to strictly abide by the Acceptable Use Policy (AUP) and that Customer Data is only processed via the Services with the prior written consent of the Data Subject.

5. Special categories of Personal Data

We do not require any special categories of Personal Data for using the Services, and your and your User’s use of the Services solely determine if and which special categories of Personal Data are stored and processed.

You agree and acknowledge that you and your Users have to strictly abide by the Acceptable Use Policy (AUP) and that sensitive Personal Data is only processed via the Services with the prior written consent of the Data Subject.

6. Processing operations

The Customer Data processed will be subject to the following basic processing activities:

• Customer Data will be processed to the extent necessary to provide the Services in accordance with both the Agreement and your instructions. We process Customer Data only on behalf of you, the Data Controller.

Processing operations include, but are not limited to:

• Provision of the Services via our hosting infrastructure. This operation relates to all aspects of Customer Data processed;
• Auditing use of the Services for compliance with the Agreement or applicable law. This operation relates to all aspects of Customer Data processed;
• Finding, analysing and protecting the Services and Customer Data or users against threats. This operation relates to all aspects of Customer Data processed;
• Provision of Technical support, issue diagnosis and Defect resolution to ensure the efficient and proper running of the systems and to identify, analyse and resolve technical issues both generally in the provision of the Services and specifically in answer to your Support query. This operation may relate to all aspects of Customer Data processed;
• Complying with your requests for professional services or auditing that involve accessing and processing Customer Data. These operations relate to all aspects of Customer Data processed;
• Fulfilling any other obligation set out in the Agreement. These operations relate to all aspects of Customer Data processed.

 

Appendix 2: Technical and Organisational Security Measures

The following descriptions provide an overview of the technical and organisational security measures implemented. It should be noted however that, in some circumstances, in order to protect the integrity of the security measures and in the context of data security, detailed descriptions may not be available. It’s acknowledged and agreed that the technical and organisational measures described therein and in our internal Security Policies will be updated and amended from time to time, at our sole discretion. Notwithstanding the foregoing, the technical and organisational measures will not fall short of those measures described in the Security Policy in any material, detrimental way.

1. Hosting Infrastructure

We utilise third party Hosting infrastructure in form of data centres and Infrastructure-as-a-Service (IaaS) with organizations that maintain current ISO 27001 certifications and/or SSAE 16 SOC 1 Type II or SOC 2 Attestation Reports. We will not utilise third party data centres that do not maintain the aforementioned certifications and/or attestations, or other substantially similar or equivalent certifications and/or attestations.

2. Physical Access Control

Technical or organisational measures regarding access control, especially regarding legitimation of authorised persons.

The aim of the entrance control is to prevent unauthorised people from physically accessing such data processing equipment which processes or uses Customer Data.

We employ measures designed to prevent unauthorized persons from gaining access to data processing systems and the Services in which Customer Data is processed, such as the use of security personnel, secured buildings and data center premises.

For our Services, the constructional and substantive security standards comply with the security requirements for data centres.

3. System Access Control

Technical and organisational measures regarding the user ID and authentication:

The aim of the system access control is to prevent unauthorised use of data processing systems, are used for the processing of Customer Data.

The following may, among other controls, be applied depending upon the particular Services ordered: authentication via passwords and/or two-factor authentication, documented authorization processes, documented change management processes, and logging of access on several levels.

For our Services: (i) log-ins to Services Environments by our employees and Sub-processors are logged; (ii) logical access to the data centers is restricted and protected by firewall/VPN/SSH/SSL; and (iii) intrusion detection systems, centralized logging and alerting, and firewalls are used.

4. Data Access Control

Technical and organisational measures regarding the on-demand structure of the authorisation concept, data access rights and monitoring and recording of the same:

Measures regarding data access control are targeted on the basis that only such data can be accessed for which an access authorisation exists and that data cannot be read, copied, changed or deleted in an unauthorised manner during the processing and after the saving of such data.

Customer Data is accessible and manageable only by properly authorized staff, direct database query access is restricted, and application access rights are established and enforced. Access to data necessary for the performance of the particular task is ensured within the systems and applications by a corresponding role and authorisation concept.

5. Transmission Control

Technical and organisational measures regarding the transport, transfer, transmission, storage and subsequent review of Customer Data on data media (manually or electronically).

Transmission control is implemented so that Customer Data cannot be read, copied, changed or deleted without authorisation, during transfer or while stored on data media, and so that it can be monitored and determined as to which recipients a transfer of Customer Data is intended.

Except as otherwise specified for the Services or parts thereof, transfers of data outside the Services environment are encrypted. The content of communications (including sender and recipient addresses) sent through some email or messaging services may not be encrypted. You are solely responsible for the results of your decision to use unencrypted communications or transmissions.

The transfer of Customer Data to a third party (e.g. sub-processors) is only made if a corresponding contract exists, and only for the specific purposes. If Customer Data is transferred to companies located outside the EEA, we provide that an adequate level of data protection exists at the target location or organisation in accordance with the European Union’s data protection requirements, e.g. by employing contracts based on the Standard Contractual Clauses.

6. Data Entry Control

Technical and organisational measures regarding recording and monitoring of the circumstances of data entry to enable retroactive review:

Data Entry Controls are implemented so that a retroactive review is enabled.

System inputs are recorded in the form of log files and database records therefore it is possible to review retroactively whether and by whom Customer Data was entered, altered or deleted.

7. Data Backup and Availability Control

Technical and organisational measures regarding data backup (physical/logical):

Data backup and availability controls are implemented to protect Customer Data against accidental destruction and loss.

For our Services: backups are taken on a regular basis where you have chosen a corresponding Hosting type or Backup option as defined in the agreement.

8. Data Processing Control

Technical and organisational measures to differentiate between the competences of principal and contractor:

The aim of the data processing control is to provide that Customer Data is processed by a commissioned data processor in accordance with the Instructions of the principal.

Details regarding data processing control are set forth in the Agreement and DPA.

9. Data Segregation

Technical and organisational measures regarding purposes of collection and separated processing:

Customer Data from our different customers environments is logically segregated on our systems or those of Sub-processors.

Customer Data used for internal purposes only e.g. as part of the respective customer relationship, may be transferred to a third party such as a sub-processor, solely under consideration of contractual arrangements and appropriate data protection regulatory requirements.

Employees are instructed to collect, process and use Customer Data only within the framework and for the purposes of their duties (e.g. service provision).

Customer Data is stored in a way that logically separates it from other customer data.

Last Updated: 01 July 2021
Copyright CloudSigma AG, 2021.  All rights reserved.

All users of Centerprise International Limited, hereinafter as “Centerprise” (“we”, “us”) services retain copyright, trademarks and other intellectual property rights to all content uploaded to or generated using Centerprise services by said users.

All content and design of https://ci-cloud.co.uk (“Website”) is protected by copyright, trademarks and other intellectual property rights and is the property of CLOUDSIGMA AG and/or Centerprise. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of CLOUDSIGMA AG and/or Centerprise.

You are granted a personal, non-commercial limited, non-transferable and non-exclusive licence to access the Website, to display, copy, distribute and download the materials from the Website only in accordance with the following permissions:

1. You (“you”, “your”) acknowledge the Centerprise Website as the source of the material. You must include such acknowledgement and the Centerprise web address (https://ci-cloud.co.uk) in the copy of the material;

2. You do not modify the materials;

3. You do not, and you do not allow any third party, to modify or create a derivative work, reverse engineer or otherwise attempt to discover any source code or software available on the Website; and

4. You must inform the third party that all the Terms of Service set out herewith apply to him/her and that he/she is bound by them.

This limited licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form without the express written consent of Centerprise.

The granting of this limited licence is wholly conditional upon your agreement to and compliance with the Terms of Service. We may revoke this licence at any time at our absolute discretion.

Any data or software Licenced to us from third parties are provided for use strictly in connection with the services we offer and in accordance with the Terms of Service. Any data or software from third parties is subject to the third party licence terms only and may not be used for any other commercial purposes without the prior written consent of such third parties.

You grant to us a non-exclusive, royalty-free licence for the duration of the provision of Services (as defined under the Terms of Service) to you, to use, store and maintain your data stored on our infrastructure and network for the purposes of providing the Services in accordance with the Terms of Service.

Any unauthorised publication, use or reproduction of any content including but not limited to images, code, data, graphics, trademarks and software may be prosecuted.

Last Updated: 01 July 2021
Copyright CloudSigma AG, 2021.  All rights reserved.

Your privacy is important to us. This privacy policy describes the information practices which we Centerprise International Limited, hereinafter “Centerprise” (“we”, “us”) employ in relation to the information which you, (“you”, “your”) provide when using the https://ci-cloud.co.uk site (“Website“) or otherwise communicate with us in respect of our services. By accessing and using the Website and/or communicating with us in respect of our services you are accepting and agreeing to the practices described in this Privacy Policy.

The Information We Collect

We collect personally identifiable information relating to you (including name, designation, address, phone number and email address) (“Personal Information”) in the following situations:

• Information you provide: when you enter into agreements with us or enquire in relation to the services which we offer and/or purchase our services or otherwise contact us to obtain information relating to us or our services.
• Information collected automatically using cookies: whenever you interact with the Website, we receive and store certain types of information using “cookies”. We describe how we use cookies below.
• Information from other sources: we receive information from third parties in the course of providing services to you from time to time (including in the processing of payments.)

The Data and Information you Upload to Centerprise Services

Users of Centerprise services can upload and transmit data to virtual drives (“Virtual Drive Data”) for storage and usage in relation to our services. All Virtual Drive Data uploaded to Centerprise is stored securely on our servers in our dedicated rack space in the United Kingdom.

Unless you give Centerprise explicit permission, we will never inspect your stored data and will only measure the volume of your transmitted data for billing purposes or inspect your transmitted data to investigate suspected violations of our Acceptable Use Policy. We will never disclose your data to any third party unless we are required to do so by court or administrative order (see below).

How We Normally Use Information About You

We will only use your Personal Information for the purpose(s) for which you provide it to us including for example to:

• respond to your enquiries and provide you with updates relating to our services;
• process requests for services and supply those services to you;
• process payments;
• communicate with you about cloud computing and our services (including) promotional offers;
• update our records and maintain any account information you may have with us;
• prevent or detect fraud or abuses of our Website; and
• enable third parties to carry out technical, logistical or other functions on our behalf.

We only share your Personal Information with our associate offices and appointed agents and subcontractors from time to time where appropriate and with other entities only as described below.

We ensure the parties with whom we share your Personal Information follow practices at least as protective as those described in this Privacy Policy:

• Associates, Agents and Subcontractors: from time to time we request other companies to perform functions on our behalf including processing documentation, sending customer communications, analysing data, providing marketing assistance, processing payments. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Updates and Promotional offers: if you have consented in advance we send you updates and information on our promotional offers. If you no longer want to receive such offers, please notify us at cicloud@centerprise.co.uk.
• Business transfers: in any transactions (e.g. buying or selling of companies or business units) Personal Information generally is one of the transferred assets.
• Fraud / Credit Risk: where necessary to prevent fraud or reduce credit risk we may exchange your Personal Information with other companies and organisations.
• With your consent: other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share your information.

Virtual Drive Data is never shared with associate offices, appointed agents, sub-contractors or other entities and third parties for any reason whatsoever. All data on virtual drives remains on servers wholly owned and controlled by Centerprise within the legal jurisdiction of the United Kingdom.

Collection of Information by Third-Party Sites

Our Website may contain links to other websites whose information practices may be different to ours. You should consult the privacy notices of those third party sites as we have no control over information that is submitted to, or collected by them.

Security

We employ security measures to prevent unauthorized access to information that we collect from you.

Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly please do not send any sensitive information such as credit card details or account passwords via email.

Cookies

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number.

When you visit our Website we send you a cookie. Cookies may be used in the following ways:

• To enable the personalisation features on our Website (which give you the ability to recall recently viewed pages, save language preference data and see information which you have input online).
• To enable us to keep you logged in and authorised to use our services for a period of time.
• To compile anonymous, aggregated statistics that allow us to understand how users use our Website and to help us improve the structure of our Website. We cannot identify you personally in this way.

Two types of cookies may be used on this website, session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Disabling / Enabling Cookies

You can accept or decline cookies by modifying the setting in your browser. Please note that if you disable cookies you may not be able to use all the features of our Website or Centerprise services.

Law Enforcement

Data Protection Rights Under the General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have the following data protection rights:

• If you wish to access, correct, update, or request deletion of your Personal Data during or after termination of the Agreement, you can do so at any time by emailing legal@cloudsigma.com. We will process the request to the extent it is lawful, and will reasonably fulfil such request in accordance with its standard operational procedures to the extent possible.
• In addition, you can object to the processing of your Personal Data, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing legal@cloudsigma.com.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing legal@cloudsigma.com.
• Similarly, if we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
• We shall within forty-five (45) days of termination of the Agreement, delete all Personal Data from our systems and provide you with certificates of such deletion upon request. Excluded from this provision is Customer Data on Hosting types or Backup options with longer retention periods for which, after termination of the Agreement, we can continue storing Customer Data for as long as the retention period defined for the Hosting type or Backup option plus forty-five (45) days. If you make a request to have Customer Data deleted earlier than the expiry of the extended storage period, we shall delete the Customer Data without undue delay, for a charge unless prohibited from doing so by applicable law. 

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Revisions to this Privacy Policy

We reserve the right to revise the whole or any part of this Privacy Policy from time to time. Please review the Privacy Policy periodically for changes. Unless stated otherwise, our current Privacy Policy applies from time to time to all information that we have about you.

How to Contact us

If you have any questions or concerns about this Privacy Policy or how we use your Personal Information and Virtual Drive Data or if at any time you decide that you no longer wish us to hold or use any of your Personal Information and/or Virtual Drive Data or wish to change the use to which your Personal Information and/or Virtual Drive Data can be put, please let us know by emailing us at cicloud@centerprise.co.uk

Controller of Your Information

Information which you provide to us or we gather from the Website or in the course of providing services to you is controlled by Centerprise International Limited.

Last Updated: 01 July 2021
Copyright CloudSigma AG, 2021.  All rights reserved.

As part of the Terms of Service governing all purchases of Centerprise International Limited, hereinafter “Centerprise” (“we”, “us”) services, we provide the following service level to you (“you”, “your”):

100% Virtual Server Availability Guarantee

Centerprise guarantees 100% availability of virtual servers in any given calendar month as defined by their availability on our network and their responsiveness in a non-degraded way. This guarantee covers the hardware and virtualisation hypervisor layers only and not the software (including but not limited to operating systems and applications) running within virtual servers.

100% Network Uptime Guarantee

Centerprise guarantees 100% network availability in any given calendar month. The network will be deemed ‘available’ if Centerprise’s border routers and switches are available and responding to Centerprise monitoring tools in a non-degraded manner.

1ms or less Network Latency Guarantee

Centerprise guarantees a network latency of 1ms or less for data packets between servers within Centerprise’s services and network. The network latency refers to network latency times between the boundary layer of one virtual server to the boundary layer of another virtual server and excludes internal latency times resulting from software running within a virtual server at either end of the data transit.

Credit

If we fail to meet the guarantees detailed above, you will be able to request a credit as detailed below up to a maximum of 100% of your fee for capacity used during the previous 30 calendar days:

• Credit of 50 times the fees for any period of lack of availability for a virtual server or network uptime lasting more than 15 minutes as measured from the time at which you validly inform us at cicloud@centerprise.co.uk or the time at which our monitoring systems detect the lack of availability, whichever is earlier;
• Credit of 50 times the fees for any period of network latency as defined above, with greater than 1ms lasting for more than 15 minutes as measured from the time at which you validly inform us at cicloud@centerprise.co.uk or the time at which our monitoring systems detect the lack of availability, whichever is earlier;
• Credit of your entire fee for the previous 30 calendar days in case of permanent loss of your stored data resulting from hardware or software failure of Centerprise’s systems. This provision entirely excludes data loss or corruption resulting from software running within a virtual server.

In the event that we fail to meet the guarantee on more than one occasion within a period of 30 calendar days, then the credit that you may claim for any incident will be limited to the maximum of 100% of your fee for capacity used since the previous incident or 100% of your fee for capacity used during the previous 30 calendar days, whichever fee is lower.

To receive a credit, you must contact us at cicloud@centerprise.co.uk and support@cloudsigma.com within 30 calendar days of the incident, specifying the start time, date and duration of the qualifying period which forms the basis of your claim and the amount of credit claimed. We will be the sole arbiter regarding the award of credit and our decision will be final and binding.

Limitations and Exemptions

The following items or situations are exempt from Centerprise’s guarantees:

• Acts or omissions of you or your users;
• Software running within your virtual servers;
• Scheduled maintenance which we have announced at least 24 hours in advance;
• Factors outside our control, including but not limited to any force majeure events, failures, acts or omissions of our upstream providers or failures of the internet.
• Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses provided Centerprise makes reasonable efforts to keep its software and systems up to date;
• Violations of our Acceptable Use Policy;
• Any product currently in Beta as per our Terms of Service
• Law enforcement activity.

A user must be up to date with all payments and have sufficient prepaid balance where appropriate to cover current usage levels to be eligible for the credits outlined in this Service Level Agreement. No credits will be extended if a user is delinquent on any payments or has insufficient balance to continue using Centerprise services at usage levels during the qualifying claimed credit period for at least 10 calendar days.

The award of credit by Centerprise to you as described in this Service Level Agreement will be the sole and exclusive remedy for unavailability or performance degradation of Centerprise services. Credits will only be provided against future service and for the avoidance of doubt may not be exchanged for cash or other forms of payment.

Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for the previous 30 calendar days. Credits beyond your fee for the previous 30 calendar days will not be carried forward for use against future fees.

This Service Level Agreement forms part of your Agreement with Centerprise, along with the Acceptable Use Policy, and is subject to all the terms and conditions stated in these documents.

Last Updated: 01 July 2021
Copyright CloudSigma AG, 2021.  All rights reserved.