Subprocessors

SimTutor, Inc. (“SimTutor”) uses certain subprocessors and content delivery networks to assist it in providing the SimTutor Services as described in the Terms of Service (“Terms”). Defined terms used herein shall have the same meaning as defined in the Terms.

What is a Subprocessor

A subprocessor is a third party data processor engaged by SimTutor, who has or potentially will have access to or process Service Data (which may contain Personal Data). SimTutor engages different types of subprocessors to perform various functions as explained in the tables below. SimTutor refers to third parties that do not have access to or process Service Data but who are otherwise used to provide the Services as “subcontractors' ' and not subprocessors.

Due Diligence

SimTutor undertakes to use a commercially reasonable selection process by which it evaluates the security, privacy and confidentiality practices of proposed sub processors that will or may have access to or process Service Data.

Contractual Safeguards

SimTutor requires its subprocessors to satisfy obligations that are substantially consistent with those required from SimTutor (as a Data Processor) under the Data Processing Agreements (“DPA”) entered into with its customers, including but not limited to the requirements to:

• Process Personal Data in accordance with data controller’s (i.e. Subscriber’s) documented instructions (as communicated in writing to the relevant subprocessor by SimTutor);
• in connection with their subprocessing activities, use only personnel who are reliable and subject to a contractually binding obligation to observe data privacy and security, to the extent applicable, pursuant to applicable data protection laws;
• provide regular training in security and data protection to personnel to whom they grant access to Personal Data;
• implement and maintain appropriate technical and organizational measures (including measures consistent with those to which SimTutor is contractually committed to adhere insofar as they are equally relevant to the subprocessor’s processing of Personal Data on SimTutor’s behalf) and provide an annual certification that evidences compliance with this obligation. In the absence of such certification SimTutor reserves the right to audit the subprocessor;
• promptly inform SimTutor about any actual or potential security breach;
• and cooperate with SimTutor in order to deal with requests from data controllers, data subjects or data protection authorities, as applicable.

 

This policy does not give SimTutor’s customers any additional rights or remedies and should not be construed as a binding agreement. The information herein is only provided to illustrate SimTutor’s engagement process for subprocessors as well as to provide the actual list of third party subprocessors and content delivery networks used by SimTutor as of the date of this policy (which SimTutor may use in the delivery and support of its Services).

If you are a SimTutor customer and wish to enter into our DPA, please email us at [email protected].

Process to Engage New Subprocessors

For all SimTutor customers who have executed a DPA with SimTutor, SimTutor will provide notice via this policy of updates to the list of subprocessors that are utilized or which SimTutor proposes to utilize to deliver its Services. SimTutor undertakes to keep this list updated regularly to enable its Subscribers to stay informed of the scope of subprocessing associated with the SimTutor Services.

Pursuant to the DPA, a SimTutor customer can object in writing to the processing of its Personal Data by a new subprocessor within the notice period specified in the DPA and shall describe its legitimate reasons to object. If the customer does not object during such time period the new subprocessor(s) shall be deemed accepted.

If a SimTutor customer objects to the use of a subprocessor pursuant to the process provided under the DPA, SimTutor shall have the right to cure the objection through one of the following options (to be selected at SimTutor’s sole discretion):

(a) SimTutor will cease to use the subprocessor with regard to Personal Data;

(b) SimTutor will take the corrective steps requested by Subscriber in its objection (which remove Subscriber’s objection) and proceed to use the subprocessor to process Personal Data; or

(c) SimTutor may cease to provide or the customer may agree not to use (temporarily or permanently) the particular aspect of a SimTutor product or service that would involve the use of the subprocessor to process Personal Data.

Termination rights, as applicable and agreed, are set forth exclusively in the DPA.

The following is an up-to-date list (as of the date of this policy) of the names and locations of SimTutor subprocessors and content delivery networks:

Infrastructure Subprocessors – Service Data Storage

SimTutor owns or controls access to the infrastructure that SimTutor uses to host Service Data submitted to the Services, other than as set forth below. Currently, the SimTutor production systems for the Services are located in co-location facilities in the United States. The personal data processed by SimTutor on behalf of its customer remains in that region, but may be shifted among data centers within a region to ensure performance and availability of the Services. The following table describes the countries and legal entities engaged in the storage of such personal by SimTutor.

Entity Name
Microsoft Corporation.	Cloud Service Provider	United States

Service Specific Subprocessors

SimTutor works with certain third parties to provide specific functionality within its products and services. These providers are the subprocessors set forth below. In order to provide the relevant functionality these subprocessors require access to a SimTutor customer’s personal data. Their use is limited to providing such functionality.

Entity Name
SendGrid by Twilio	Cloud-based Email Notification Service	United States
Chargify LLC	Cloud-based Payment Service	United States
Authorize.Net by Visa Inc.	Cloud-based Payment Gateway	United States
Amazon SES (Simple Email Service) by Amazon	Cloud-based Email Notification Service	United States

Content Delivery Networks

As explained above, SimTutor’s products and services may use content delivery networks (“CDNs”) to provide certain functionality that comprise the products and services, for security purposes, and to optimize content delivery. CDNs are commonly used systems of distributed services that deliver content based on the geographic location of the individual accessing the content and the origin of the content provider. Website content served to website visitors and domain name information may be stored with a CDN to expedite transmission, and information transmitted across a CDN may be accessed by that CDN to enable its functions. The following describes the use of CDNs by SimTutor’s products and services.

CDN Provider	CDN Location	Entity Country
Cloudflare Inc.	Global	United States
Azure CDN by Microsoft Corporation	Global	United States