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.
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.
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.
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:
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]
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:
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 |
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 |
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 |