A Data Processing Agreement and its Addenda (“Agreement”) lays out technical requirements for the controller and processor to follow when processing data. This includes setting terms for how data is stored, protected, processed, accessed, and used. The agreement also defines what a processor can and cannot do with data.

This Data Processing Agreement is an addendum to the Terms of Use ProptechOS (https://webdev.proptechos.com/terms-of-use/)

The purpose of this Data Processing Agreement is to fulfill the requirements of a written agreement pursuant to Article 28 of the GDPR.

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all Addenda;

1.1.2 The Parties acknowledge and agree that for the purposes of this Agreement and as between them:

1. Customer is, or shall be regarded as, a “Controller” of the Personal Data and
2. ProptechOS is, or shall be regarded as, a “Processor” of the Personal Data; and
3. Customer will comply with its obligations as a Controller under this Agreement and the Data Protection Laws and
4. ProptechOS will comply with its obligations as a Processor under this Agreement, the Data Protection Laws and Customer’s written instructions.

1.1.3 ProptechOS means the corporate entity ProptechOS AB (Swedish organization number 559016-1245)

1.1.4 “Customer Personal Data” means any Personal Data Processed by ProptechOS on behalf of Customer pursuant to or in connection with the Principal Agreement;

1.1.5 “Sub-processor” means any person appointed by or on behalf of a ProptechOS to process Personal Data on behalf of the Customer in connection with the Agreement.

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

1.1.7 “EEA” means the European Economic Area;

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means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;

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

1.1.10 “Data Transfer” means:

1.1.10.1 a transfer of Customer Personal Data from the Customer to a Sub-processor; or

1.1.10.2 an onward transfer of Customer Personal Data from a Sub-processor to a Subcontracted Processor, or between two establishments of a Sub-processor, 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);

1.1.11 “Services” means the content, tools, services, software (platform) application and products provided by ProptechOS and described in the Principal Agreement.

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

2. Processing of Customer Personal Data

2.1 ProptechOS shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing of Customer Personal Data; and

2.1.2 not Process Customer Personal Data other than on the relevant Customer’s documented instructions.

2.2 The Customer instructs ProptechOS to process and retain Customer Personal Data as specified in the Personal Data and Data Subjects Addendum.

2.3 Customer acknowledges that due to the nature of the Services, ProptechOS cannot control and has no obligation to verify the Personal Data Customer transfers to ProptechOS for processing when Customer uses the Services.

2.4 Customer accepts that ProptechOS may have personal Data processed and accessible by its Sub-processors to any country or territory, all as reasonably necessary for the provision of the Services in accordance with Applicable Laws.

2.5 ProptechOS will retain Personal data according as specified in the Retention period of Personal Data addendum

3. Processor Personnel

ProptechOS shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Sub-processor who may have access to the Customer Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Customer Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Sub-processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 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, ProptechOS shall in relation to the Customer Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In order to ensure that the Personal Data are protected as much as possible, ProptechOS takes measures to secure Personal Data against loss or any form of unlawful processing. If additional measures are desired by Customer, it can be discussed with ProptechOS whether the desired measures are possible and/or effective and at what cost the additional measures can be offered. If one of the security measures of ProptechOS is changed, this will become part of the policy of ProptechOS for the protection of personal data processed on behalf of Customer, which can be provided to Customer on request. In this respect, ProptechOS will at least take the following technical and organisational measures, as set out in Data security Addendum.

4.3 ProptechOS shall ensure that any person who is authorized by ProptechOS to process Customer Data (including its staff, agents, and sub-processors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

4.4 Customer agrees that except as provided by this Agreement, Customer is responsible for its secure use of ProptechOS, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Service, and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Service.

4.5 Customer acknowledges that the security measures are subject to technical progress and development and that ProptechOS may update or modify the security measures from time to time, provided that such updates and modifications do not degrade or diminish the overall security of the Services.

5. Sub-processing

5.1 Customer agrees that ProptechOS may engage Sub-processors to process Customer Personal Data on Customer’s behalf. The Sub-processors currently engaged by ProptechOS and authorized by Customer are listed in the Sub-processors addendum or at this link (https://webdev.proptechos.com/proptechos-sub-processors-and-affiliates/). ProptechOS will: (i) enter into a written agreement with each Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Personal Data to the standard required by Applicable Data Protection Laws (and in substance, to the same standard provided by this Agreement); and (ii) remain responsible to Customer for the performance of such Sub-processor’s data protection obligations under such terms.

5.2 ProptechOS is entitled to hire new Sub-processors and to replace existing Sub-processors.

5.3 When ProptechOS intends to hire a new Sub-processors or replace an existing one, ProptechOS shall verify the Sub-processor`s capacity and ability to meet their obligations in accordance with the Data Protection Legislation. ProptechOS shall notify Customer if it adds or removes Sub-processors at least 10 days prior to any such changes if Customer opts in to receive such notifications by clicking here (https://webdev.proptechos.com/sub-processor-notifications/).

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, ProptechOS shall assist the Customer by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the Customer obligations, as reasonably understood by Customer, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 ProptechOS shall:

6.2.1 promptly notify Customer if it receives a request from a Data Subject under any Data Protection Law in respect of Customer Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Customer or as required by Applicable Laws to which ProptechOS is subject, in which case ProptechOS shall to the extent permitted by Applicable Laws inform Customer of that legal requirement before the Sub-processor responds to the request.

7. Personal Data Breach

7.1 ProptechOS shall notify Customer of any personal data breach involving the Personal Data that it becomes aware of without undue delay, and in any case, never later than 72 hours after ProptechOS becomes aware of the personal data breach. All such notifications shall be made by email to the Customer representative that ProptechOS regularly liaises with, or such privacy contact person notified to ProptechOS by the Customer.

7.2 ProptechOS shall co-operate with the Customer and take reasonable commercial steps as are directed by Customer to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation

ProptechOS shall provide reasonable assistance to the Customer with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Customer reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Customer Personal Data by, and taking into account the nature of the Processing and information available to, the Sub-processors.

9. Deletion or return of Customer Personal Data

9.1 Subject to this section 9 ProptechOS shall promptly and in any event within 10 business 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.

Upon termination of this Agreement, ProptechOS shall, in the discretion of the Customer,

1. either delete or facilitate the process of returning the Customer Data; and
2. delete existing copies thereof

Unless ProptechOS is obligated by law to further store the Customer Data.

ProptechOS may keep documentations which serve as evidence of the orderly and accurate processing of Customer Data, also after the termination of this Agreement.

10. Audit rights

10.1 Subject to this section 10, ProptechOS shall make available to the Customer on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Customer or an auditor mandated by the Customer in relation to the Processing of the Customer Personal Data by the Sub-processors.

10.2 Information and audit rights of the Customer only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

10.3 ProptechOS acknowledges that Customer’s third-party independent auditors may enter its premises for the purposes of conducting this audit, provided that ProptechOS is given reasonable prior notice of Customer’s intention to audit, the audit is conducted during normal business hours, and takes all reasonable measures to prevent unnecessary disruption to ProptechOS’s operations. Customer will not exercise its audit rights more than once in any twenty-four (24) calendar month period, except if, and when, required by instruction of a competent supervisory authority.

11. Data Transfer

11.1 ProptechOS may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Customer. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

a. disclosure is required by law;
b. the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of Sweden.

13.2 Dispute Resolution. All disputes arising out of or relating to this Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of Central Chamber of Commerce of Sweden, by one (1) arbitrator. The arbitration proceedings shall take place in Stockholm, Sweden. Notwithstanding the above, each Party shall be entitled to seek equitable and/or injunctive relief to prevent or stop a violation of the terms and conditions contained in the Agreement, and the Service Provider may take legal actions concerning overdue payments in any appropriate court of law.

IN WITNESS WHEREOF, this Agreement is entered into with effect from the date first set out below.

Customer

Signature ______________________________

Name: ________________________________

Title: _________________________________

Date Signed: ___________________________

ProptechOS AB

Signature ______________________________

Name _________________________________

Title __________________________________

Date Signed ____________________________

Personal Data and Data Subjects Addendum

ProptechOS will, under the Agreement, process the following personal data on behalf of Customer:

• Effigy;
• Name and address information;
• Phone number;
• Email address;
• Job title;
• Order history;
• Contact moments;
• Internet protocol address (IP address);
• Identification Cookie;
• Ad ID of phone;
• Other relevant data shared by the data subject.

Of the categories of Data Subjects:

• Employees of Customer;
• Principals of Customer;
• Employees of ProptechOS;
• Sub-processors of ProptechOS;
• Other Data Subjects connected Customer;

Retention period

ProptechOS will retain the Personal Data in accordance with the overview below.

Authorized Sub-processors

Authorized ProptechOS Affiliates

If you would like to receive an email when we make updates to this Sub-processors Addendum, please complete our Sub-processor Updates Form at: https://webdev.proptechos.com/sub-processor-notifications/

Data Security Addendum

ProptechOS’ security is based on principles of minimizing attack surfaces and minimizing our security footprint by utilizing state-of-the-art security from Platform-as-a-Service suppliers.

Design, technology and practices is ensured bottom up in the following way

• Secure low level infrastructure
• Secure deployment
• Secure internet communication
• Secure usage
• Secure operations

Secure low level infrastructure

ProptechOS is built on Azure using Platform-as-a-Service components. Security on the lowest level such as Operating System, Boot stack etc. is ensured by Microsoft and their delivery of those components. All services within ProptechOS that are not implemented using PaaS components are containerized and run on Azure Kubernetes Service where low level hardening is applied uniformly across all nodes and even every running pods and containers particularly.

Data at rest

Data stored in Azure is encrypted and decrypted transparently using 256-bit AES encryption, and data stored in Neo4j is secured by following the Neo4j operations best practices with volume encryption and encrypted backups.

Edge nodes

Edge nodes, minimal servers acting as “connectors” with edge systems, have no general access to the ProptechOS or keys that have access beyond themselves. An Edge node can only send and receive edge messages to ProptechOS, and only with the credentials of specific devices provisioned to a specific Edge node. Similarly a node can and will only accept messages (“cloud-to-device”) from ProptechOS’s instance of Microsoft Azure IoT Hub. All edge messages (in both directions) are sent over an encrypted connection initiated by the edge node over AMQPS (over outgoing ports 443 and 5671).

ProptechOS provisioned Edge nodes are Ubuntu servers running nothing more than Docker. They are updated regularly using apt-get (encrypted over port 443) and only accept non-root-user encrypted interactions over SSH and SCP, with Fail2Ban to prohibit brute force attempts at gaining access. The Edge node image running in Docker – IoT Edge connector module – is downloaded from ProptechOS’ Git repository (hosted by GitHub) over SSH with single use keys (deploy keys).

The edge node configuration does not include any open incoming ports to the internet, except a port for SSH access.

Secure deployment

Individually secure services

ProptechOS consists of a set of intercommunicating components and services (databases, application logic, API servers etc.). ProptechOS does not rely on network segmentation or firewalling as the primary source of security for its services. All services are secure in themselves and have no open interfaces – neither to the local network nor the internet. This reduces the number of escalation paths. We employ closed off and separated networks for internal services, but that is for added security and noise reduction. Similarly, we employ a VPN for some services but only to strengthen credentials management (see below) not a firewall-based-security.

Inter-service access management

All services restrict all access by default. Only the necessary inter-service communication is white-listed and explicitly handled at both ends. Purpose specific service principals are used for accessing and administering Azure resources.

Inter-service communication encryption

All inter-service communication is encrypted, whether it is internally in the Microsoft Azure cloud of ProptechOS, or over the internet. We employ a strict policy refusing all connections without TLS version 1.2 or higher, applied to all core components and to supporting services like Twilio, Prometheus, ELK services (Elastic, Logstash, Kibana) etc.

Secure internet communication

ProptechOS use Cloudflare for its internet facing front(s). Certificates, DNS and HTTPS requirements tied to proptechos.com are managed via Cloudflare, along with protection against DDoS attacks.

User authentication is made using the Azure Active Directory and Identity platform and IoT related authentication is made via Device ID and Device keys in Azure IoT Hub.

Rest API

The API is accessible only with access tokens generated via OAUTH2 from the Azure Identity platform.

Streaming API

The Streaming API is provided using Microsoft Azure Event Hub. Users and applications consume data using individual keys.

Edge messages

ProptechOS telemetry and commands is handled via edge messages sent to or from ProptechOS’s Azure IoT Hub instance(s).

All edge messages are signed by an authenticated device identity. No data is fed into ProptechOS without it being attributable to a device that serves both an application logic purpose, but also means that all edge data can be scrutinized for anomaly detection, and in necessary cases traffic can be blocked with high granularity.

Additional related details are covered in the Edge nodes section, below.

Secure usage

To ensure secure usage of ProptechOS, access authorization is managed with a fine grained matrix so that users and applications do not need to be given general access beyond their specific scope. The matrix has three dimensions:

• Resources (what building(s) or part thereof, device(s) etc.)
• Capabilities (to read, write or actuate etc.)
• Roles (Organization admin, group owner, user etc.)

Furthermore, access can be handled by groups, so that access management does not deteriorate over time.

Analysis and reporting via Power BI

ProptechOS provides first party access to a RealEstateCore modelled analysis environment (referred to as a “Data Source”) in Microsoft Power BI and reports made by either ProptechOS or the customer herself, using the analysis environment.

Access to the analysis environment or report is authenticated and authorized using Microsoft Office 365 accounts and partly governed by the customer in their Office 365 organization.

Secure Operations

Developement

ProptechOS’ Microsoft Azure resources are compartmentalized, so that the general development team does not have access to customer resources – only to the ProptechOS development environment. ProptechOS require 2-Factor-Authentication where either physical U2F device or an OTP code is the second factor. All code that is pushed to production is reviewed at least by a second developer, signed with individual PGP keys, and there are automated alerts for code dependencies that can be updated or are vulnerable.

Employee credentials

ProptechOS staff use single-use passwords only, hardware 2FA and all secrets that are used in manual operations (individual passwords or shared secrets to partner or supplier accounts) are encrypted and stored using the 1Password application. Whenever sharing secrets within the team or with customers, partners and suppliers we use a single purpose 1Password vault rather than sending the secret over insecure communication channels like email, sms or chat services.

Keys and secrets used in ProptechOS are generated by PBKDF2-HMAC-SHA256 and stored encrypted by AES-GCM-256 authenticated encryption in Microsoft Azure.

ProptechOS employs Single-Sign-On (SSO) to all services where it is possible, so that the number of access lists that ProptechOS must maintain and credentials each employee must maintain, is minimized. In cases where internal services do not support SSO, they are mounted behind a VPN so that there is an added way to restrict access and quickly offboard individual users.

References

ProptechOS has based its security work and practices on industry best practices and applied them to the ProptechOS scale and scope. The resources and frameworks we have relied on the most include

• Google Security Whitepaper services.google.com/…/security_whitepapers_march2018.pdf
• Owasp Top Ten owasp.org/www-project-top-ten
• MITRE ATT&CK attack.mitre.org