2.

Definitions

Additional Security Controls means security resources, features, functionality and/or controls that Customer may use at its option and/or as it determines, including the HQ Portal, encryption, logging and monitoring, identity and access management, security scanning, and firewalls.

Agreed Liability Cap means the maximum monetary or payment-based amount at which a party’s liability is capped under the Processing Terms of Service.

Alternative Transfer Solution means a solution, other than the Model Contract Clauses, that enables the lawful transfer of personal data to a third country in accordance with European Data Protection Law.

Audited Services means the then-current Services indicated as being in-scope for the relevant certification or report.

Customer Data has the meaning given in the Processing Terms of Service or, if no such meaning is given, means data provided by or on behalf of Customer or Customer End Users via the Services under the Account.

Customer End Users has the meaning given in the Processing Terms of Service or, if not such meaning is given, has the meaning given to “End Users” in the Processing Terms of Service.

Customer Personal Data means the personal data contained within the Customer Data.

Data Incident means a breach of Taxfyle’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Taxfyle.

EEA means the European Economic Area.

EU GDPR means 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, and repealing Directive 95/46/EC.

European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).

European or National Law means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).

GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

Taxfyle’s Third Party Auditor means a Taxfyle-appointed, qualified and independent third party auditor, whose then-current identity Taxfyle will disclose to Customer.

Model Contract Clauses or MCCs mean standard data protection clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the EU GDPR.

Non-European Data Protection Law means data protection or privacy laws in force outside the European Economic Area, Switzerland and the UK.

Notification Email Address means the email address(es) designated by Customer in the HQ Portal, or in the Order Form or Ordering Document (as applicable), to receive certain notifications from Taxfyle. Customer is responsible for using the HQ Portal to ensure that its Notification Email Address remains current and valid. Should you have issues accessing the HQ Portal or require authorization to access the HQ Portal, please email support@taxfyle.com.

Security Documentation means all documents and information made available by Taxfyle under Section 7.5.1 (Reviews of Security Documentation).

Security Measures has the meaning given in Section 7.1.1 (Taxfyle’s Security Measures).

Subprocessor means a third party authorized as another processor under these Terms to have logical access to and process Customer Data in order to provide parts of the Services and TSS.

Supervisory Authority means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.

Term means the period from the Terms Effective Date until the end of Taxfyle’s provision of the Services, including, if applicable, any period during which provision of the Services may be suspended and any post-termination period during which Taxfyle may continue providing the Services for transitional purposes.

Terms Effective Date means the date on which Customer accepted, or the parties otherwise agreed to, these Terms.

UK GDPR means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.

The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in these Terms have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.

4.

Scope of Data Protection Law

Application of European Law

‍The parties acknowledge that European Data Protection Law will apply to the processing of Customer Personal Data if, for example:

the processing is carried out in the context of the activities of an establishment of Customer in the territory of the EEA or the UK; and/or

the Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services in the EEA or the UK, or the monitoring of their behavior in the EEA or the UK.

Application of Non-European Law

‍The parties acknowledge that Non-European Data Protection Law may also apply to the processing of Customer Personal Data.

Application of Terms

‍Except to the extent these Terms state otherwise, these Terms will apply irrespective of whether European Data Protection Law or Non-European Data Protection Law applies to the processing of Customer Personal Data.

5.

Processing of Data

Roles and Regulatory Compliance; Authorization

Processor and Controller Responsibilities
‍
If European Data Protection Law applies to the processing of Customer Personal Data:

the subject matter and details of the processing are described in Appendix 1;

Taxfyle is a processor of that Customer Personal Data under European Data Protection Law;

Customer is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Law; and

each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of that Customer Personal Data.

Authorization by Third Party Controller
‍
‍If European Data Protection Law applies to the processing of Customer Personal Data and Customer is a processor, Customer warrants that its instructions and actions with respect to that Customer Personal Data, including its appointment of Taxfyle as another processor, have been authorized by the relevant controller.

Responsibilities under Non-European Law
‍
If Non-European Data Protection Law applies to either party’s processing of Customer Personal Data, the relevant party will comply with any obligations applicable to it under that law with respect to the processing of that Customer Personal Data.

Scope of Processing

Customer’s Instructions
‍
‍Customer instructs Taxfyle to process Customer Personal Data only in accordance with applicable law: (a) to provide the Services and TSS; (b) as further specified via Customer’s use of the Services (including the HQ Portal and other functionality of the Services) and TSS; (c) as documented in the form of the Processing Terms of Service, including these Terms; and (d) as further documented in any other written instructions given by Customer and acknowledged by Taxfyle as constituting instructions for purposes of these Terms.

Taxfyle’s Compliance with Instructions
‍
Taxfyle will comply with the instructions described in Section 5.2.1 (Customer’s Instructions) (including with regard to data transfers) unless European or National Law to which Taxfyle is subject requires other processing of Customer Personal Data by Taxfyle, in which case Taxfyle will notify Customer (unless that law prohibits Taxfyle from doing so on important grounds of public interest) before such other processing.

6.

Data Deletion

Deletion by Customer

‍Taxfyle will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, this use will constitute an instruction to Taxfyle to delete the relevant Customer Data from Taxfyle’s systems in accordance with applicable law. Taxfyle will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European or National Law requires storage. Any requests for deletion of Customer Data should be directed to Customer Service or requested via email at privacy@taxfyle.com, subject to certain exceptions.

Deletion on Termination

‍On expiration of the Term, Customer may instruct Taxfyle to delete all Customer Data (including existing copies) from Taxfyle’s systems in accordance with applicable law. Taxfyle will, after a recovery period of up to 30 days following such expiration, comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European or National Law requires storage. Without prejudice to Section 9.1 (Access; Rectification; Restricted Processing; Portability), Customer is responsible for exporting, before the Term expires, any Customer Data it wishes to retain.

7.

Data Security

Taxfyle’s Security Measures, Controls and Assistance.

Taxfyle’s Security Measures

Taxfyle will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”). The Security Measures include measures to encrypt personal data; to help ensure ongoing confidentiality, integrity, availability and resilience of Taxfyle’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. Taxfyle may update the Security Measures from time to time provided that such updates do not result in the degradation of the overall security of the Services.

Security Compliance by Taxfyle Staff

‍Taxfyle will: (a) take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, and (b) ensure that all persons authorized to process Customer Personal Data are under an obligation of confidentiality.

Additional Security Controls

‍Taxfyle will make Additional Security Controls available to: (a) allow Customer to take steps to secure Customer Data; and (b) provide Customer with information about securing, accessing and using Customer Data.

Taxfyle’s Security Assistance

‍Taxfyle will (taking into account the nature of the processing of Customer Personal Data and the information available to Taxfyle) assist Customer in ensuring compliance with its obligations pursuant to Articles 32 to 34 of the GDPR, by:

implementing and maintaining the Security Measures in accordance with Section 7.1.1 (Taxfyle’s Security Measures);

making Additional Security Controls available to Customer in accordance with Section 7.1.3 (Additional Security Controls);

complying with the terms of Section 7.2 (Data Incidents);

providing Customer with the Security Documentation in accordance with Section 7.5.1 (Reviews of Security Documentation) and the information contained in the Processing Terms of Service including these Terms; and

if subsections (a)-(d) above are insufficient for Customer to comply with such obligations, upon Customer’s request, providing additional reasonable assistance.

Data Incidents

Incident Notification

‍Taxfyle will notify Customer promptly and without undue delay after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data.

Details of Data Incident

‍Taxfyle’s notification of a Data Incident will describe, to the extent possible, the nature of the Data Incident, the measures taken to mitigate the potential risks and the measures Taxfyle recommends Customer take to address the Data Incident.

Delivery of Notification

‍Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address.

No Assessment of Customer Data by Taxfyle

‍Taxfyle has no obligation to assess Customer Data in order to identify information subject to any specific legal requirements.

No Acknowledgement of Fault by Taxfyle

Taxfyle’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Taxfyle of any fault or liability with respect to the Data Incident.

Customer’s Security Responsibilities and Assessment.

Customer’s Security Responsibilities

‍Without prejudice to Taxfyle’s obligations under Sections 7.1 (Taxfyle’s Security Measures, Controls and Assistance) and 7.2 (Data Incidents), and elsewhere in the Processing Terms of Service, Customer is responsible for its use of the Services and its storage of any copies of Customer Data outside Taxfyle’s or Taxfyle’s Subprocessors’ systems, including:

using the Services and Additional Security Controls to ensure a level of security appropriate to the risk in respect of the Customer Data;

securing the account authentication credentials, systems and devices Customer uses to access the Services; and

backing up its Customer Data as appropriate.

Customer’s Security Assessment

Customer agrees, based on its current and intended use of the Services, that the Services, Security Measures, Additional Security Controls and Taxfyle’s commitments under this Section 7 (Data Security): (a) meet Customer’s needs, including with respect to any security obligations of Customer under European Data Protection Law and/or Non-European Data Protection Law, as applicable, and (b) provide a level of security appropriate to the risk in respect of the Customer Data.

Compliance Certifications and SOC Reports

Taxfyle will maintain at least the following for the Audited Services in order to evaluate the continued effectiveness of the Security Measures: (a) certificates for ISO 27001, ISO 27017 (the “Compliance Certifications”); or (b) SOC 2 produced by Taxfyle’s Third Party Auditor and updated annually based on an audit performed at least once every 12 months (the “SOC Reports”). Taxfyle may add standards at any time. Taxfyle may replace a Compliance Certification or SOC Report with an equivalent or enhanced alternative.

Reviews and Audits of Compliance

Reviews of Security Documentation

Taxfyle will make the Compliance Certifications and the SOC Reports available for review by Customer to demonstrate compliance by Taxfyle with its obligations under these Terms.

Customer’s Audit Rights

If European Data Protection Law applies to the processing of Customer Personal Data, Taxfyle will allow Customer or an independent auditor appointed by Customer to conduct audits (including inspections) to verify Taxfyle’s compliance with its obligations under these Terms in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits). Taxfyle will contribute to such audits as described in Section 7.4 (Compliance Certifications and SOC Reports) and this Section 7.5 (Reviews and Audits of Compliance).

If Customer has entered into the Model Contract Clauses as described in Section 10.2 (Transfers of Data), Taxfyle will allow Customer or an independent auditor appointed by Customer to conduct audits as described in the Model Contract Clauses in accordance with Section 7.5.3 (Additional Business Terms for Reviews and Audits).

Customer may conduct an audit to verify Taxfyle’s compliance with its obligations under these Terms by reviewing the Security Documentation (which reflects the outcome of audits conducted by Taxfyle’s Third Party Auditor).

Additional Business Terms for Reviews and Audits

Customer must send any requests for reviews of the SOC 2 report under Section 7.5.2(a) to Taxfyle’s Compliance Team as described in Section 12 (Compliance Team; Processing Records).

Following receipt by Taxfyle of a request under Section 7.5.3(a), Taxfyle and Customer will discuss and agree in advance on: (i) the reasonable date(s) of and security and confidentiality controls applicable to any review of the SOC 2 report under Section 7.5.1(c); and (ii) the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit under Section 7.5.2(a) or 7.5.2(b).

Taxfyle may charge a fee (based on Taxfyle’s reasonable costs) for any audit under Section 7.5.2(a) or 7.5.2(b). Taxfyle will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such audit. Customer will be responsible for any fees charged by any auditor appointed by Customer to execute any such audit.

Taxfyle may object in writing to an auditor appointed by Customer to conduct any audit under Section 7.5.2(a) or 7.5.2(b) if the auditor is, in Taxfyle’s reasonable opinion, not suitably qualified or independent, a competitor of Taxfyle, or otherwise manifestly unsuitable. Any such objection by Taxfyle will require Customer to appoint another auditor or conduct the audit itself.

No Modification of MCCs

Nothing in this Section 7.5 (Reviews and Audits of Compliance) varies or modifies any rights or obligations of Customer or Taxfyle LLC under any Model Contract Clauses entered into as described in Section 10.2 (Transfers of Data).

9.

Access etc.; Data Subject Rights; Data Export

Access; Rectification; Restricted Processing; Portability

‍During the Term, Taxfyle will enable Customer, in a manner consistent with the functionality of the Services, to access, rectify and restrict processing of Customer Data, including via the deletion functionality provided by Taxfyle as described in Section 6.1 (Deletion by Customer), and to export Customer Data.

Data Subject Requests

Customer’s Responsibility for Requests

During the Term, if Taxfyle’s Compliance Team receives a request from a data subject in relation to Customer Personal Data, and the request identifies Customer, Taxfyle will advise the data subject to submit their request to Customer. Customer will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.

Taxfyle’s Data Subject Request Assistance

Taxfyle will (taking into account the nature of the processing of Customer Personal Data) assist Customer in fulfilling its obligations under Chapter III of the GDPR to respond to requests for exercising the data subject’s rights by:

providing Additional Security Controls in accordance with Section 7.1.3 (Additional Security Controls);

complying with Sections 9.1 (Access; Rectification; Restricted Processing; Portability) and 9.2.1 (Customer’s Responsibility for Requests); and

if subsections (a) and (b) above are insufficient for Customer to comply with such obligations, upon Customer’s request, providing additional reasonable assistance.

10.

Data Transfers

Data Storage and Processing Facilities

Taxfyle may store and process Customer Data anywhere Taxfyle or its Subprocessors maintain facilities, subject to:

Section 10.2 (Transfers of Data) with respect to the Model Contract Clauses or Alternative Transfer Solution; and

the Service Specific Terms with respect to data location.

Transfers of Data

If the storage and/or processing of Customer Personal Data involves transfers of Customer Personal Data from the EEA, Switzerland or the UK to any third country that does not ensure an adequate level of protection under European Data Protection Law, and European Data Protection Law applies to those transfers, then:

if Customer (as data exporter) enters into the Model Contract Clauses with Taxfyle (as data importer) within the HQ Portal, then:

the transfers will be subject to the Model Contract Clauses; and

Taxfyle will ensure that Taxfyle complies with its obligations under the Model Contract Clauses in respect of those transfers; or

if Customer does not enter into the Model Contract Clauses as described in Section 10.2(a), then:

if an Alternative Transfer Solution is made available by Taxfyle: (A) Customer will be deemed to be using it and will take any action (which may include execution of documents) strictly required to give it full effect; and (B) Taxfyle will ensure that the transfers are made in accordance with such Alternative Transfer Solution; or

if an Alternative Transfer Solution is not made available by Taxfyle: (A) Customer (as data exporter) will be deemed to have entered into the Model Contract Clauses with Taxfyle LLC (as data importer); (B) the transfers will be subject to the Model Contract Clauses; and (C) Taxfyle will ensure Taxfyle LLC complies with its obligations under the Model Contract Clauses in respect of those transfers; and

if Customer has entered into the Model Contract Clauses but reasonably determines subsequently that they do not provide an adequate level of protection, then:

if an Alternative Transfer Solution is made available by Taxfyle, Customer may, by notifying Taxfyle via Taxfyle’s Compliance Team in accordance with Section 12.1 (Taxfyle’s Compliance Team), terminate any Model Contract Clauses applicable under Section 10.2(a), such that Section 10.2(b)(i) will apply; or

if an Alternative Transfer Solution is not made available by Taxfyle, Customer may terminate the Processing Terms of Service immediately by notifying Taxfyle.

Disclosure of Confidential Information Containing Personal Data

If Customer has entered into the Model Contract Clauses as described in Section 10.2 (Transfers of Data), Taxfyle will, notwithstanding any term to the contrary in the Processing Terms of Service, ensure that any disclosure of Customer’s Confidential Information containing personal data, and any notifications relating to any such disclosures, will be made in accordance with such Model Contract Clauses.

11.

Subprocessors

Consent to Subprocessor Engagement

Customer specifically authorizes the engagement as Subprocessors of: (a) those entities listed as of the Terms Effective Date at the URL specified in Section 11.2 (Information about Subprocessors); and (b) all other Taxfyle Affiliates from time to time. In addition, without prejudice to Section 11.4 (Opportunity to Object to Subprocessor Changes), Customer generally authorizes the engagement as Subprocessors of any other third parties (“New Third Party Subprocessors”). If Customer has entered into the Model Contract Clauses as described in Section 10.2 (Transfers of Data), the above authorizations constitute Customer’s prior written consent to the subcontracting by Taxfyle LLC of the processing of Customer Data.

Requirements for Subprocessor Engagement

When engaging any Subprocessor, Taxfyle will:

ensure via a written contract that:

the Subprocessor only accesses and uses Customer Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Processing Terms of Service (including these Terms) and the Model Contract Clauses or Alternative Transfer Solution, as applicable under Section 10.2 (Transfers of Data); and

if the GDPR applies to the processing of Customer Personal Data, the data protection obligations described in Article 28(3) of the GDPR, as described in these Terms, are imposed on the Subprocessor; and

remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.

12.

Compliance Team; Processing Records

Taxfyle’s Compliance Team
‍
Taxfyle’s Compliance Team can be contacted at support@taxfyle.com.

Taxfyle’s Processing Records

To the extent the GDPR requires Taxfyle to collect and maintain records of certain information relating to Customer, Customer will, where requested, use the HQ Portal to supply such information and keep it accurate and up-to-date. Taxfyle may make any such information available to the Supervisory Authorities if required by the GDPR.

13.

Liability

Liability Cap
‍
If the Model Contract Clauses have been entered into as described in Section 10.2 (Transfers of Data) then, subject to Section 13.2 (Liability Cap Exclusions), the total combined liability of either party and its Affiliates towards the other party and its Affiliates under or in connection with the Processing Terms of Service and such Model Contract Clauses combined will be limited to the Agreed Liability Cap for the relevant party.

Liability Cap Exclusions

‍Nothing in Section 13.1 (Liability Cap) will affect the remaining terms of the Processing Terms of Service relating to liability (including any specific exclusions from any limitation of liability).

16.

Appendix 1: Subject Matter and Details of the Data Processing

Subject Matter

Taxfyle’s provision of the Services and TSS to Customer.

Duration of the Processing

The Term plus the period from the expiry of the Term until deletion of all Customer Data by Taxfyle in accordance with the Terms.

Nature and Purpose of the Processing

Taxfyle will process Customer Personal Data for the purposes of providing the Services and TSS to Customer in accordance with the Terms.

Categories of Data

Data relating to individuals provided to Taxfyle via the Services, by (or at the direction of) Customer or by Customer End Users.

Data Subjects

Data subjects include the individuals about whom data is provided to Taxfyle via the Services by (or at the direction of) Customer or by Customer End Users.

17.

Appendix 2: Security Measures

As from the Terms Effective Date, Taxfyle will implement and maintain the Security Measures described in this Appendix 2.

Data Center and Network Security

Data Centers

Infrastructure

Taxfyle maintains geographically distributed data centers. Taxfyle stores all production data in physically secure data centers.

Redundancy

Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow Taxfyle to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard change process according to documented procedures.

Businesses Continuity

Taxfyle has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

Networks and Transmission

Data Transmission

Data centers are typically connected via high-speed private links to provide secure and fast data transfer between data centers. This is designed to prevent data from being read, copied, altered or removed without authorization during electronic transfer or transport or while being recorded onto data storage media. Taxfyle transfers data via Internet standard protocols.

External Attack Surface

Taxfyle employs multiple layers of network devices and intrusion detection to protect its external attack surface. Taxfyle considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.

Intrusion Detection

‍Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Taxfyle’s intrusion detection involves:

tightly controlling the size and make-up of Taxfyle’s attack surface through preventative measures;

employing intelligent detection controls at data entry points; and

employing technologies that automatically remedy certain dangerous situations.

Incident Response

Taxfyle monitors a variety of communication channels for security incidents, and Taxfyle’s security personnel will react promptly to known incidents.

Encryption Technologies

Taxfyle makes HTTPS encryption (also referred to as SSL or TLS connection) available.

Access

Access Control

Infrastructure Security Personnel

‍Taxfyle has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Taxfyle’s infrastructure security personnel are responsible for the ongoing monitoring of Taxfyle’s security infrastructure, the review of the Services, and responding to security incidents.

Access Control and Privilege Management

Customer’s administrators must authenticate themselves via a central authentication system or via a single sign on system in order to administer the Services.

Internal Data Access Processes and Policies – Access Policy

Taxfyle’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process personal data. Taxfyle designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. Taxfyle employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. Taxfyle’s authentication and authorization systems utilize certificates and security keys, and are designed to provide Taxfyle with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Taxfyle requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Taxfyle’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength. For access to extremely sensitive information (e.g., credit card data), Taxfyle uses hardware tokens.

Data

Data Storage, Isolation and Logging

Taxfyle stores data in a multi-tenant environment on Taxfyle-managed servers. Subject to any Customer instructions to the contrary (for example, in the form of a data location selection), Taxfyle replicates Customer Data between multiple geographically dispersed data centers. Taxfyle also logically isolates the Customer’s data. Customer may be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable Customer to determine the product sharing settings applicable to Customer End Users for specific purposes. Customer may choose to make use of logging functionality that Taxfyle makes available via the Services.

Decommissioned Disks and Disk Erase Policy

Disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Disk Erase Policy”) before leaving Taxfyle’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. The erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed. Each facility is audited regularly to monitor compliance with the Disk Erase Policy.

Personnel Security

Taxfyle personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Taxfyle conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations. Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Taxfyle’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Data are required to complete additional requirements appropriate to their role (e.g., certifications). Taxfyle’s personnel will not process Customer Data without authorization.

Subprocessor Security

Before onboarding Subprocessors, Taxfyle conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Taxfyle has assessed the risks presented by the Subprocessor, then subject to the requirements described in Section 11.3 (Requirements for Subprocessor Engagement) of these Terms, the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.