Data Processing Agreement

SECTION I

Clause 1Purpose and scope

The purpose of this Data Processing Agreement (“the DPA”) is to ensure compliance with applicable data protection laws and regulations including without limitation the GDPR and the UK GDPR (GDPR and UK GDPR shall collectively be referred to as the “GDPR”) (“Data Protection Laws and Regulations”). The DPA is a special provision of the original agreement specified in Annex I, (“Original Agreement”). If there are any points not stipulated in the DPA, the provisions of the Original Agreement shall be applicable. In addition, if there are any conflicts between the Original Agreement and the DPA, the provisions of the DPA shall prevail.
The Customer(s) under the Original Agreement (“controller”) and SHIFT Corporation (“processor”) have agreed to the DPA in order to ensure compliance with Data Protection Laws and Regulations.
The DPA apply to the processing of personal data as specified in Annex I.
Annexes I to III are an integral part of the DPA.
The DPA may include an exhibit for each jurisdiction in accordance with the applicable Data Protection Laws and Regulations, and if there are any conflicts between the exhibit and the DPA, the exhibit shall prevail to the extent that the exhibit applies.
The DPA is without prejudice to obligations to which the controller is subject by virtue of Data Protection Laws and Regulations.

Clause 2Interpretation

Where the DPA uses the dpa defined in GDPR, those dpa shall have the same meaning as in GDPR.
The DPA shall not be interpreted in a way that runs counter to the rights and obligations provided for in Data Protection Laws and Regulations or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 3Hierarchy

In the event of a contradiction between the DPA and the provisions of related agreements between the Parties existing at the time when the DPA is agreed or entered into thereafter, the DPA shall prevail.
SECTION II – OBLIGATIONS OF THE PARTIES

Clause 4Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex I.

Clause 5Purpose and scope

5.1. Instructions

The processor shall process personal data only on documented instructions from the controller, unless required to do so by Data Protection Laws and Regulations . In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Data Protection Laws and Regulations.

5.2. Purpose limitation

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex I, unless it receives further instructions from the controller.

5.3. Duration of the processing of personal data

Processing by the processor shall only take place for the duration specified in Annex I.

5.4. Security of processing

The processor shall at least implement the technical and organisational measures specified in Annex II to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

5.5. Sensitive data

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

5.6 Documentation and compliance

The Parties shall be able to demonstrate compliance with the DPA.
The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with the DPA.
The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in the DPA and stem directly from Data Protection Laws and Regulations. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by the DPA, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.
The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

5.7. Use of sub-processors

GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list which can be found in Annex III. The processor shall specifically inform in writing (including electromagnetic records; the same applies hereinafter) the controller of any intended changes of that list through the addition or replacement of sub-processors at least one month in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with the DPA. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to the DPA and to Data Protection Laws and Regulations.
At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

5.8. International transfers

GDPR.
  • (i)
    Personal Data may be transferred to countries to which adequacy decisions are made under the GDPR to the extent necessary in accordance with the DPA.
  • (ii)
    If each Party intends to transfer personal data to countries to which adequacy decisions are not made under the GDPR other than EEA Member States and the United Kingdom (collectively, the "EEA") to the extent necessary in accordance with the DPA, each party may notify the other party in writing, and the other party shall cooperate with executing the Standard Contractual Clauses under the GDPR (including the UK Addendum, hereinafter referred to as "SCC") to the extent necessary.
    Where the SCC is entered into by and between the parties, the SCC shall prevail in the event of any inconsistency between the DPA and the SCC.
  • (iii)
    The controller agrees that where the processing of personal data by the processor (on behalf of the controller) is outsourced to a sub-processor in accordance with clause 5.7 and a transfer of personal data to countries to which adequacy decisions are not made under the GDPR other than EEA, if the conditions for the use of the SCC between the processor and the sub-Processor are met and the SCC is used, both parties agree that this will enable them to comply with the provisions of the GDPR.
In order to ensure the protection of personal data that may be transferred extraterritorially from each party to the extent necessary in accordance with the DPA, each party shall comply with the following eight principles as described in the Guidelines for the Protection of Privacy and the International Distribution of Personal Data, adopted by the OECD in September 1980. Each party shall provide information regarding how each party shall be in compliance with such eight principles upon requests from the other party.
  • (i)
    Collection Limitation Principle
    There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
  • (ii)
    Data Quality Principle
    Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete and kept up-to-date.
  • (iii)
    Purpose Specification Principle
    The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfilment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.
  • (iv)
    Use Limitation Principle
    Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with (iii) above except with the consent of the data subject or by the authority of law.
  • (v)
    Security Safeguards Principle
    Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.
  • (vi)
    Openness Principle
    There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.
  • (vii)
    Individual Participation Principle
    An individual should have the right:
    a)
    to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;
    b)
    to have communicated to him, data relating to him within a reasonable time, at a charge, if any, that is not excessive, in a reasonable manner, and in a form that is readily intelligible to him;
    c)
    to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and
    d)
    to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.
  • (viii)
    Accountability Principle
    A data controller should be accountable for complying with measures which give effect to the principles stated above.
Where each party may require the other party's co-operation, including the conclusion of a specific form of agreement, in order to comply with the international data transfer regulation, each party shall notify the other party in writing and the other party shall co-operate with such request to the extent necessary and reasonable.

Clause 6Assistance to the controller

The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions
In addition to the processor’s obligation to assist the controller pursuant to this Clause (b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
  • (1)
    the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
  • (2)
    the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
  • (3)
    the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
  • (4)
    the obligations to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk in accordance with Data Protection Laws and Regulations.
The Parties shall set out in Annex II the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

Clause 7Notification of personal data breach

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations to make data breach notification to the relevant authorities and data subjects in accordance with Data Protection Laws and Regulations, where applicable, taking into account the nature of processing and the information available to the processor.

7.1 Data breach concerning data processed by the controller

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
in complying, pursuant to Data Protection Laws and Regulations, with the obligation to notify the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it;
in obtaining the following information which, pursuant to Data Protection Laws and Regulations, shall be stated in the controller’s notification, and must at least include:
  • (1)
    the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
  • (2)
    the likely consequences of the personal data breach;
  • (3)
    the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
in complying, pursuant to Data Protection Laws and Regulations, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

7.2 Data breach concerning data processed by the processor

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:
a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
the details of a contact point where more information concerning the personal data breach can be obtained;
  • (1)
    the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
  • (2)
    the likely consequences of the personal data breach;
  • (3)
    the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
The Parties shall set out in Annex II all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations to make data breach notification to the relevant authorities and data subjects in accordance with Data Protection Laws and Regulations.
SECTION III – FINAL PROVISIONS

Clause 8Non-compliance with the Clauses and termination

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
Without prejudice to any provisions of Data Protection Laws and Regulations, in the event that the processor is in breach of its obligations under the DPA, the controller may instruct the processor to suspend the processing of personal data until the latter complies with the DPA or the Original Agreement is terminated. The processor shall promptly inform the controller in case it is unable to comply with the DPA, for whatever reason.
The controller shall be entitled to terminate the Original Agreement insofar as it concerns processing of personal data in accordance with the DPA if:
  • (1)
    the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with the DPA is not restored within a reasonable time and in any event within one month following suspension;
  • (2)
    the processor is in substantial or persistent breach of the DPA or its obligations under Data Protection Laws and Regulations;
  • (3)
    the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to the DPA or to Data Protection Laws and Regulations.
The processor shall be entitled to terminate the Original Agreement insofar as it concerns processing of personal data under the DPA where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 5.1 (b), the controller insists on compliance with the instructions.
Following termination of the Original Agreement, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Data Protection Laws and Regulations requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with the DPA.

Clause 9Governing Law and Jurisdiction

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
The DPA is governed by the laws of Japan.
Any disputes arising out of or in relation to the DPA shall be submitted to the exclusive jurisdiction of the Tokyo District Court.

Exhibit:
Special provisions concerning CCPA

1.Scope of application

This Exhibit applies as special provisions to the DPA when it is considered that the personal data processed by the processor on behalf of the controller includes personal information prescribed in the California Consumer Privacy Act of 2018 (California Civil Code Sections 1798.100 et seq.), amended provisionally by the California Privacy Rights Act of 2020 (CPRA) (the Act of 2018, “CCPA,” and the personal information, “CA Personal Information”).
The Company may analyze the use of the Services or the status of the Customers and the Registered Users for statistical purposes, and may release the statistical results to the general public. However, the Company will ensure that individual Customers and specific individuals will not be identified.
The Company may obtain information from the Customer regarding its use of the Services (hereinafter referred to as the "Usage Information") or request the Customer to provide the Company with feedback regarding the Services. The Customer agrees that the Company may use the Usage Information or the feedback during the term of the Service Agreement and after the termination thereof. However, the purpose of the use of the Usage Information or the feedback is limited to the operation, improvement, and promotion of the Services and the development of new services.
The Company may disclose or release to the public information relating to the Customer to third parties in the following cases:
  • When the Services include services provided by business partners of the Company, the Company may disclose the above customer information to such business partners in order to conduct investigations or respond to inquiries from the Customers regarding such services.
  • When the Customer applies for a service provided by a business partner of the Company in addition to the Services provided by the Company, the Company may disclose to the business partner the above customer information to the extent necessary for such application.
  • With respect to the Company's sales agency business, the Company may disclose the above customer information for providing customer support services, providing information on seminars, surveys or other matters, and for planning, developing, and providing the above business.

2. Use of data

The processor ensures that it will not perform any of the following acts with respect to CA Personal Information:
sell, lend, publish, disclose, distribute, make available, transfer, or otherwise communicate orally, in writing, electronically, or by any other manner, CA Personal Information to a third party in exchange for money or any other valuable consideration;
possess, use, or disclose CA Personal Information for any purpose other than the business purposes prescribed in the DPA or when such acts are not permitted by CCPA;
possess, use, or disclose CA Personal Information beyond the scope of the direct transactional relationship between the controller and the processor;
share CA Personal Information with a third party for cross-context behavioral advertising (as prescribed in CCPA); and
combine CA Personal Information with CA Personal Information received by the processor from or on behalf of any other person or CA Personal Information collected by the processor itself through communication with data subjects, except as otherwise permitted by CCPA.

3.Role of the processor

The controller and the processor confirm and agree that the processor acts as a “service provider” (as prescribed in CCPA) for the purposes of CCPA in the performance of the processor’s obligations under the DPA and this Exhibit.

4. Controller’s rights

The controller may request the provision of information within a reasonable and appropriate scope and take any truly necessary, reasonable, and appropriate measures to ensure the use of CA Personal Information by the processor in a manner consistent with the obligations of the controller based on CCPA.

5. Security

The processor shall take appropriate security control measures according to the nature of CA Personal Information to protect CA Personal Information from unauthorized access, acquisition, or use.

6. Staff

The processor shall authorize access to CA Personal Information only to staff that need to access such CA Personal Information for business purposes, and such staff shall protect CA Personal Information in a manner that is at least equivalent to the provisions of the DPA and this Exhibit.

7. Suspension and remedy of unauthorized use

The processor shall take reasonable and appropriate measures to suspend and cure any unauthorized use of CA Personal Information by the processor upon the request of the controller.

8. Cooperation

If the processor receives any requests from data subjects concerning CA Personal Information based on CCPA, it shall promptly notify the controller to that effect. The processor shall cooperate reasonably with the controller to the extent necessary for the controller to meet its obligations based on CCPA concerning such requests (and, if applicable, including the obligations of the controller to deal with requests to exercise the rights prescribed in CCPA).
If the processor subcontracts the processing of CA Personal Information to any sub-processor, the processor shall cause the sub-processor to bear obligations equivalent to those set forth in the DPA and this Exhibit.
If the processor becomes aware of any security breach or reasonable suspicion of a security breach causing accidental or illegal destruction, loss, change, unauthorized disclosure, or unauthorized access of CA Personal Information (including unauthorized internal access), the processor shall notify the controller without undue delay and cooperate reasonably in the
performance of obligations of the controller to notify data subjects or supervisory authorities, based on the Data Protection Laws and Regulation applicable to the controller.
If the processor determines that it is not able to fulfill the obligations under the DPA and this Exhibit, it shall promptly notify the controller to that effect.
combine CA Personal Information with CA Personal Information received by the processor from or on behalf of any other person or CA Personal Information collected by the processor itself through communication with data subjects, except as otherwise permitted by CCPA.

ANNEX I:
DESCRIPTION OF THE PROCESSING

Name and executed date of the original agreement (if applicable)
  • Name: Agreement under the dpa and Conditions for Wasurenai Services (URL at the time of executing the DPA: https://lp.wasurenai.jp/dpa.html) (“Service Usage Agreement”) Executed date: Establishment date of the Service Usage Agreement
Categories of data subjects whose personal data is processed
  • Officers and employees of the controller (regular workers, contract workers and part-time workers, and temporary workers)
  • Workers of a company to which the controller has outsourced business (including consultants and advisers)
Categories of personal data processed
  • Name
  • Email address for work
  • Account on SaaS service used for business purposes
  • Data such as email or online meeting system pertaining to inquires arising in the process of providing and supporting the service
  • Other personal data necessary for providing the service
Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved.

None

Nature of the processing
  • Any operation or set of operations which is performed on personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, alignment or combination, restriction, or erasure.
Purpose(s) for which the personal data is processed on behalf of the controller
  • To provide management of SaaS service accounts which the controller grants to data subjects for business purposes under the Wasurenai Service dpa of Use
Duration of the processing
  • During the effective dpa of the Service Usage Agreement (from the commencement date of the service to end date of the service provision)

ANNEX II:
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

Description of the technical and organisational security measures implemented by the processor(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, as well as the risks for the rights and freedoms of natural persons.
Measures of pseudonymisation and encryption of personal data Personal data to be stored will be encrypted at the time of storage. The processor implements pseudonymisation processing for information where the identification of an individual such as log data is not necessary.
Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services
confidentiality: The processor implements access restriction, encryption of communication channels, encryption of stored data, or log monitoring, etc.
Ensuring integrity: The processor implements data integrity checks, etc.
Ensuring availability: The processor implements Multi-AZ configuration, metrics monitoring, or alert settings, etc.
Ensuring resilience: The processor implements regular data backups, or infrastructure management by Infrastructure as Code (IaC), etc.
Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
Databases that include personal data are automatically backed up every day.
Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of processing
The processor conducts vulnerability tests by an external organization at least once a year. All services consist of AWS, and log data is linked to and monitored by Splunk.
Measures for user identification and authorisation
In addition to email address and password authentication function, the authentication function of the processor supports Single Sign-On (SSO) and Multi-Factor Authentication (MFA). The processor uses AWS Cognito as a user authentication infrastructure, and access logs can be tracked by using AWS CloudTrail.
Measures for the protection of data during transmission
The processor compulsorily applies encrypted communication using HTTPS to all data transmission.
Measures for the protection of data during storage
The processor has implemented data protection function against deletion for stored data to prevent unintended deletion or loss of such data.
Measures for ensuring physical security of locations at which personal data are processed All persistent data including personal data is processed and stored in a secure Amazon Web Services (AWS) environment.
Measures for ensuring events logging
The processor collects access logs by using AWS CloudWatchLogs or CloudTrail. The processor also implements logging at the application-level for each function.
Measures for ensuring system configuration, including default configuration
The processor comprehensively records access logs to infrastructure by utilizing AWS CloudWatchLogs and CloudTrail.
Measures for internal IT and IT security governance and management
The processor has established internal regulations regarding information security, including the protection of personal information, in accordance with appropriate internal procedures, and handles personal data under such regulations. The processor conducts regular internal training to ensure compliance with such regulations. The processor regularly reviews each department, including the management, regarding information security initiatives of the processor, and strives for continuous improvement.
Measures for certification/assurance of processes and products
The processor conducts a review process to developed source code to ensure the quality and security of the code. The processor also conducts a quality assurance process for developed products (such as software) to verify the functionality, reliability, and safety, etc. thereof.
Measures for ensuring data minimisation
The processor strictly adheres to a policy of collecting only the minimum personal data necessary to provide the service. The processor conducts masking process to data that includes personal information as much as possible when outputting logs or analyzing data.
Measures for ensuring data quality
During data entry, the processor prevents the entry of unjust data by performing validation from both the front-end and back-end. In addition, the processor performs validation based on the data schema of the database (RDB) to ensure the integrity of the format and content of the data to be stored.
Measures for ensuring limited data retention
Limited data is destroyed after a certain period of time. After the Service Usage Agreement for the controller is cancelled, the processor destroys all relevant data for the controller.
Measures for ensuring accountability
The processor has established procedures to promptly destroy all data of the relevant controller in a state that cannot be recovered after cancellation of the Service Usage Agreement.
Measures for allowing data portability and ensuring erasure
If the controller has a legal obligation to respond to a matter regarding data portability, the processor will handle such matter in response to the controller’s request. The processor will determine specific implementation methods for data portability and deadlines for responding thereto, etc. through consultation with the controller.
Description of the specific technical and organisational measures to be taken by the processor to be able to provide assistance to the controller.
The processor has established a system to receive communications from the controller at any time through a dedicated inquiry form set up within the application. After receiving an inquiry, the processor will contact the controller via email or chat tool according to the individual circumstances, and make progress in responding to the content of the inquiry. Regarding the procedure for processing requests to exercise rights, when the processor receives instructions from the controller regarding the exercise of rights (access, correction, deletion, etc.) of the data subject (user, etc.), the processor will directly perform data operations in accordance with such instructions. The time required to complete the data operation depends on the complexity of the content of the inquiry, however, the processor will, in principle, respond to the inquiry within approximately two weeks after receiving instructions from the controller.

ANNEX III:
LIST OF SUB-PROCESSORS

The controller has authorised the use of the following sub-processors:
DeMiA Inc.
Address: 2F Daisho Hyakumanben building, 1-34 Yoshidaizumidonocho, Sakyo-ku, Kyoto-shi, Kyoto-fu
Description of the processing : Management and implementation of recovery process.