Data Security & Compliance
1. Physical Security
ThreatX data centers are co-located in first-tier data center facilities that implement industry leading physical access controls. Physical security is audited using the carve-out method, meaning that we perform rigorous subservice vendor reviews, and our independent auditors validate that our co-location providers have appropriate controls in place that meet SOC 2 Type 2 physical security controls at a minimum. These controls include:
- Physical security guard services
- Battery and generator backup
- Generator fuel carrier redundancy
- Biometric readers with two-factor authentication
- Full CCTV coverage externally and internally for the facility
- Physical entry restrictions to the property and the facility
2. Logical Security
ThreatX infrastructure is secured through a defense-in-depth layered approach. Access to the production network infrastructure is provided through multi-factor authentication, which restricts network-level access to infrastructure based on job function utilizing the principle of least privilege. All access to the ingress points are closely monitored and are subject to stringent change control mechanisms.
Systems are protected through key-based authentication and access is limited by Role-Based Access Control (RBAC). RBAC ensures that only the users who require access to a system are granted appropriate access. We consider any system which houses customer data that we collect, or systems which house the data customers store with us to be of the highest sensitivity. As such, access to these systems is limited and closely monitored.
3. Security and Availability Monitoring
The security and availability of our infrastructure is extraordinarily important, and we understand that our role is to protect our customers from a variety of threats, many of which are highly sophisticated. User and system behaviors are monitored for suspicious activity, and investigations are performed following our incident reporting and response procedures. Root Cause Analysis is performed on all Security or Availability incidents regardless of whether they impact customer SLAs.
SOC 2 Type 2
ThreatX has an AICPA certified auditor issued SOC 2 Type 2 Report covering Security and Availability trust services criteria. The current report and bridge letter are available to existing customers who require it for their own compliance purposes. The description of the system contains the following information:
- The types of services provided;
- The components of the System used to provide the services, which are the following:
Infrastructure. The physical structures, IT, and other hardware (for example, facilities, computers, equipment, and networks).
Software. The application programs and IT System software that supports application programs (operating Systems, middleware, and utilities).
People. The personnel involved in the governance, operation, and use of the System (developers, operators, entity users, and managers).
Procedures. The automated and manual procedures involved in the operation of the System.
Data. Metadata and web content data used or processed by the System;
- The boundaries or aspects of the System covered by the description;
- For information provided to, or received from, the subservice organizations or other parties:
How such information is provided or received and the role of the subservice organizations and other parties.
The procedures the service organization performs to determine that such information and its processing, maintenance, and storage are subject to appropriate controls.
- The applicable trust services criteria and the related controls designed to meet those criteria, including, as applicable, the following:
Complementary user entity controls contemplated in the design of the service organization’s System.
- The service organization presents the subservice organizations using the carve-out method:
The nature of the services provided by the subservice organizations. Each of the applicable trust services criteria that are intended to be met by controls at the subservice organizations, alone or in combination with controls at the service organization, and the types of controls expected to be implemented at the carved-out subservice organizations to meet those criteria.
- Applicable trust services criteria that are not addressed by a control at the service organization or subservice organization and the reasons.
- Relevant details of changes to the service organization’s System during the period covered by the description;
The description does not omit or distort information relevant to the service organization’s System while acknowledging that the description is prepared to meet the common needs of a broad range of users and may not; therefore, include every aspect of the System that each individual user may consider important to his or her own particular needs.
The controls stated in the description were suitably designed throughout the specified period to meet the applicable trust services criteria.
The ThreatX Web Application Firewall can be used to satisfy PCI-DSS Requirement 6.6 when deployed within a customer’s PCI environment. While the sensors do not store or transmit cardholder data (PANs, CVVs, etc..), maintaining effective security controls are the responsibility of the customer and should be validated by a QSA.
Existing customers who manage PCI compliant environments can include ThreatX on-premises sensors in their audit. At customer request, ThreatX can provide documentation to validate that cardholder data is not being stored or transmitted. Always follow your QSA’s guidance on implementing and testing PCI security controls.
The General Data Protection Regulation (GDPR) seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It replaces the EU Data Protection Directive and all the local laws relating to it. ThreatX supports GDPR and will ensure all our services comply with its provisions.
This Customer Data Processing Agreement reflects the requirements of the European Data Protection Regulation ("GDPR") as it comes into effect on May 25, 2018. ThreatX’s products and services offered in the European Union are GDPR ready and this DPA provides you with the necessary documentation of this readiness.
This Data Processing Agreement ("DPA") is an addendum to the Customer Terms of Service ("Agreement") between ThreatX, Inc. ("ThreatX") and the Customer. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. Customer enters into this DPA on behalf of itself and, to the extent required under Data Protection Laws, in the name and on behalf of its Authorized Affiliates (defined below).
The parties agree as follows:
"Affiliate" means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with an entity.
"Authorized Affiliate" means any of Customer Affiliate(s) permitted to or otherwise receiving the benefit of the Services pursuant to the Agreement.
"Control" means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.
"Controller" means an entity that determines the purposes and means of the processing of Personal Data.
"Customer Data" means any data that ThreatX and/or its Affiliates processes on behalf of Customer in the course of providing the Services under the Agreement.
"Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
"EU Data Protection Law" means (i) prior to May 25, 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive") and on and after May 25, 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (in each case, as may be amended, superseded or replaced).
"Personal Data" means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under applicable Data Protection Law through ThreatX data security measures.
"Privacy Shield" means the EU-US and Swiss-US Privacy Shield Frameworks, as administered by the U.S. Department of Commerce.
"Privacy Shield Principles" means the Privacy Shield Framework Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of 12 July 2016 pursuant to the Directive, details of which can be found at www.privacyshield.gov/eu-us-framework.
"Processor" means an entity that processes Personal Data on behalf of the Controller.
"Processing" has the meaning given to it in the GDPR and "process", "processes" and "processed" shall be interpreted accordingly.
"Security Incident" means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Personal Data.
"Services" means any product or service provided by ThreatX to Customer pursuant to and as more particularly described in the Agreement.
Scope and Applicability of this DPA
2.1 This DPA applies where and only to the extent that ThreatX processes Personal Data on behalf of the Customer in the course of providing the Services and such Personal Data is subject to Data Protection Laws of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data.
2.2 Role of the Parties. As between ThreatX and Customer, Customer is the Controller of Personal Data and ThreatX shall process Personal Data only as a Processor on behalf of Customer. Nothing in the Agreement or this DPA shall prevent ThreatX from using or sharing any data that ThreatX would otherwise collect and process independently of Customer's use of the Services.
2.3 Customer Obligations. Customer agrees that (i) it shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to ThreatX; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for ThreatX to process Personal Data and provide the Services pursuant to the Agreement and this DPA.
2.4 ThreatX Processing of Personal Data. As a Processor, ThreatX shall process Personal Data only for the following purposes: (i) processing to perform the Services in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; and (iii) to comply with other reasonable instructions provided by Customer to the extent they are consistent with the terms of this Agreement and only in accordance with Customer’s documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to ThreatX in relation to the processing of Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and ThreatX.
2.5 Nature of the Data. ThreatX handles Customer Data provided by Customer. Such Customer Data may contain special categories of data depending on how the Services are used by Customer. The Customer Data may be subject to the following process activities: (i) storage and other processing necessary to provide, maintain and improve the Services provided to Customer; (ii) to provide customer and technical support to Customer; and (iii) disclosures as required by law or otherwise set forth in the Agreement.
2.6 ThreatX Data. Notwithstanding anything to the contrary in the Agreement (including this DPA), Customer acknowledges that ThreatX shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, ThreatX is the Controller of such data and accordingly shall process such data in compliance with Data Protection Laws.
3.1 Security Measures. ThreatX shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with ThreatX 's security standards described in Annex B ("Security Measures").
3.2 Confidentiality of Processing. ThreatX shall ensure that any person who is authorized by ThreatX to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
3.3 Security Incident Response. Upon becoming aware of a Security Incident, ThreatX shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
3.4 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that ThreatX may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by the Customer.
Security Reports and Audits
4.1 ThreatX shall maintain records of its security standards. Upon Customer's written request, ThreatX shall provide (on a confidential basis) copies of relevant external audit report summaries and/or other documentation reasonably required by Customer to verify ThreatX 's compliance with this DPA. ThreatX shall further provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) considers necessary to confirm ThreatX 's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.
5.1 Processing Locations. ThreatX stores and processes EU Data (defined below) in data centers located inside and outside the European Union. All other Customer Data may be transferred and processed in the United States and anywhere in the world where Customer, its Affiliates and/or its Sub-processors maintain data processing operations. ThreatX shall implement appropriate safeguards to protect the Personal Data, wherever it is processed, in accordance with the requirements of Data Protection Laws.
5.2 Transfer Mechanism: Notwithstanding Section 5.1, to the extent ThreatX processes or transfers (directly or via onward transfer) Personal Data under this DPA from the European Union, the European Economic Area and/or their member states and Switzerland ("EU Data") in or to countries which do not ensure an adequate level of data protection within the meaning of applicable Data Protection Laws of the foregoing territories, the parties agree that ThreatX shall be deemed to provide appropriate safeguards for such data by virtue of having certified its compliance with the Privacy Shield and ThreatX shall process such data in compliance with the Privacy Shield Principles. Customer hereby authorizes any transfer of EU Data to, or access to EU Data from, such destinations outside the EU subject to any of these measures having been taken.
Return or Deletion of Data
6.1 Upon deactivation of the Services, all Personal Data shall be deleted, save that this requirement shall not apply to the extent ThreatX is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data ThreatX shall securely isolate and protect from any further processing, except to the extent required by applicable law.
7.1 To the extent that Customer is unable to independently access the relevant Personal Data within the Services, ThreatX shall (at Customer's expense) taking into account the nature of the processing, provide reasonable cooperation to assist Customer by appropriate technical and organizational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement. In the event that any such request is made directly to ThreatX, ThreatX shall not respond to such communication directly without Customer's prior authorization, unless legally compelled to do so. If ThreatX is required to respond to such a request, ThreatX shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
7.2 To the extent ThreatX is required under Data Protection Law, ThreatX shall (at Customer's expense) provide reasonably requested information regarding ThreatX 's processing of Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by law.
8.1 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
8.2 This DPA is a part of and incorporated into the Agreement so references to "Agreement" in the Agreement shall include this DPA.
8.3 In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise.
8.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
Types of Information We May Gather
When you visit and use our websites, products and services, we may collect data or ask you to provide certain data, including Personal Data, about you as you use our websites, products and services and interact with us, for the purpose of helping us manage our relationship with you. "Personal Data" is any data relating to an identified or identifiable individual, and may include name, address, email address, phone number, login (account number, password), marketing preferences, social media account, or payment card number. If we link other data with your Personal Data, we will treat that linked data as Personal Data. We also collect Personal Data from trusted third-party sources and engage third-parties to collect Personal Data to assist us. This data may include:
- Contact details, such as name, mailing address, email address and phone number;
- Billing data;
- Your transaction history;
- Data you provide to us to receive technical assistance or during customer service interactions;
- Data about other people that you may provide with any program or services including marketing programs;
- Data about your computer or device, including browser type and settings, IP address and traffic data relating to your Internet connection; and
- Performance data and details about how you use our products and services.
How We Use Your Information
Disclosure of Personal Data to Third Parties
We may provide your data including the data about your interests in our products to Third-Parties for the purposes of promoting our products and services. Where we provide you with interest-based ads on a site other than our own, we do not track your other activities on that site. If you click on our ads, we will know only the domain you came from.
We may disclose non-identifying, aggregated information collected through our website to third parties for a variety of purposes, but only in a way that would not allow you or any other person to be identified.
If you send electronic mail messages to us, we may use your personal information (including your email address), for responding to your inquiry, improving our services to you and other customers, and tracking the inquiries we receive.
Collection of Personal Data from Children
We will not knowingly collect or post information from children under the age of 18 without a parent’s or guardian’s consent. We do not provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatsoever. We will not use information collected from children for any marketing or promotional purposes whatsoever, either inside or outside the company.
Security of your personal information is important, and we honor your choices for its intended use. Once received, we work to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. However, if we receive a subpoena or other enforceable order to disclose information, we will need to comply. In addition, if we are sold, assigned, merged, etc., the successor company may receive and use your data subject to its own privacy statement.
This privacy statement applies only to this website. While this website may contain links to other third-party sites, we are not responsible for the practices or contents of such third-party sites.
We reserve the right to change this policy at any time by posting a notice on our website of the existence and location of the new or revised privacy statement. Such posting shall be the sole notice required to make the new or revised policy statement effective. Please check this policy statement on a regular basis.
If for some reason you believe we have not adhered to this policy statement, please notify us through the Contact Us Section and we will do our best to determine and correct the problem promptly. Be certain the words "Privacy Statement" are in the subject line.
When you choose to provide us with Personal Data about third-parties, we will only use this data for the specific reason for which you elect to provide it. It is your responsibility to ensure that when you disclose to ThreatX Personal Data of individuals other than yourself – such as your contacts, your users or other third-parties – you abide by applicable privacy and data security laws, including informing users and third-parties that you are providing their Personal Data to ThreatX, informing them of how it will be transferred, used, or processed, securing appropriate legal permissions and safeguards required for such disclosures, transfers and processing. If you choose to provide ThreatX with a third-party's Personal Data (such as name, email, and phone number), you represent that you have the third-party's permission to do so. Examples include forwarding reference or sending job referrals. You also acknowledge that when we interact with such third-party individuals whose Personal Data you share with us, it is our duty to inform them that we obtained their Personal Data from you. Where applicable, third-parties may unsubscribe from any future communication following the link provided in the initial message or as indicated in the "Contact Us" section of this Statement. If you believe that one of your contacts has provided us with your Personal Data and you would like to request that it be removed from our database, please contact us.
The information ThreatX collects is intended to allow ThreatX to communicate with you, process your transactions effectively and efficiently and plan future programs and services to better serve you. ThreatX collects electronic information solely for the purpose of diagnosing problems with the ThreatX services and to administer the website, or for some corporate subscribers, to determine access rights. If you choose to restrict use of your information, you may not receive certain communications from ThreatX that may be of interest to you. Because of the nature of computer data storage, any information that you restrict will remain stored but will not be accessed in the normal course of business. ThreatX will comply with any court orders that may be received requiring us to disclose information, regardless of whether you have requested that the information be restricted.
ThreatX promotes our commercial offerings to our customers and audiences that are most likely to find the information relevant. We will therefore collect and process data to that end as explained below. However, where we are legally required to obtain your consent to provide you with certain marketing materials, we will only provide you with such marketing materials where we have obtained such consent from you. If you do not want to continue receiving any marketing materials from us, you can click on the unsubscribe function in the communication or e-mail, or clicking on the following link: unsubscribe from general marketing offers.
In addition to the purposes described above, we may, in compliance with applicable legal requirements, use your Personal Data to provide you with advertisements, promotions and information about products and services tailored to you and your needs. This may include demographic data or trend data provided by third-parties, where permitted. Contact details, including phone numbers, mail and email addresses, may be used to contact you. If you do not want us to use your Personal Data in this way, you can simply choose not to consent to such use of your data on the webpages and/or forms through which such Personal Data is collected. You can also exercise this right at any time by notifying us through the Contact Us Section.
Third-parties may provide us with Personal Data they have collected about you from you or from further online and offline sources, such as marketing data from our partners and third-parties that is combined with information we already have about you, to provide you with more relevant communications and better tailored offers. We make reasonable efforts to verify that the third-parties we engage for such purposes are reputable and law-abiding and we will not solicit them to disclose to us Personal Data we do not have a lawful purpose to collect and process. However, we are not liable for any processing of your Personal Data by such third-parties prior to, during or after them providing it to us. We may combine such Personal Data with the Personal Data we already have about you to provide you with a better experience, evaluate your interest in our products or improve the quality of our offerings.