LIST OF APPENDICES:

A. ANNEXE A –  ADMINISTRATOR INFORMATION NOTICE

B. ANNEXE B –  DATA PROCESSING AGREEMENT

ANNEXE A – ADMINISTRATOR INFORMATION NOTICE

MintT –  Data protection information notice for the administrator of the MyISA platfor

1. Introduction.  The purpose of this data protection notice (the "Notice") is to inform you about the way in which MintT SA (a company incorporated under Belgian law, with its registered office at Avenue Louise 251, 1000 Brussels, registered with the Crossroads Bank for Enterprises under number 0544.636.885, "MintT") processes certain personal data about you as administrator of the MyISA platform.

2. Controller. MintT is controller of your personal data as described in this Notice.

3. Categories of personal data processed . The personal data collected and processed include the following data: name, surname, employer's name; user name (e-mail address) and password; access and modification logs; and access and modification rights.

4. Purposes of processing . Personal data are processed for the purpose of managing and administering access to the MyISA platform (insofar as you are the designated administrator by your employer).

5. Legal basis for processing. MintT relies on its legitimate interests to carry out the processing (i.e. to perform its contractual obligations to your employer and to identify and manage the administrator appointed to run the MyISA platform).

6. Transfer of your personal data to third parties. Generally, MintT will not transfer your personal data to third parties, except for those transfers that are (i) permitted by applicable law or (ii) referred to in this section or elsewhere in this Notice. Personal data is transferred to external service providers and subcontractors (in relation to data hosting) in relation to whom MintT has taken appropriate measures for the protection of your personal data, in accordance with applicable law, and exclusively for the processing purposes described in this Notice. Insofar as this involves the transfer of your personal data to countries outside the European Economic Area which are not considered by the European Commission to provide an adequate level of protection of personal data, MintT will ensure that measures are put in place in accordance with the applicable legislation, such as the signing of European Commission standard contractual clauses.

7. Security. MintT has put in place appropriate technical and organisational measures to protect your personal data against accidental or unauthorised destruction, loss, modification, deterioration, use, access, disclosure or any other unlawful or unauthorised processing. To guarantee such security, MintT uses, among other things, encryption of the communication between servers.

8. Duration of retention of personal data. MintT will delete your personal data after a maximum of six months following (i) the end of your appointment as administrator by your employer or (ii) the deactivation of the MyISA platform services at your employer's premises.

9. Your rights. You have the right to access your personal data as collected and processed by MintT and to request rectification of inaccuracies or deletion in certain limited cases or in the event the data are unnecessary. In general, you also have the right to withdraw your consent at any time when processing is based on your consent. Such withdrawal of consent does not affect the lawfulness of the processing based on consent carried out prior to the withdrawal. In some cases, you also have the right to portability of your personal data. You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of the European Union where you are normally resident, work or where the breach is alleged to have occurred, if you consider that the processing of your personal data constitutes a breach of the applicable law. To exercise your rights, you may (i) contact your employer who will forward your request to MintT, (ii) contact MintT by sending a written and signed request to MintT at the e-mail address privacy@mintt.care or to the postal address MintT SA - Avenue Louise 251, 1000 Brussels, Belgium, together with a copy of your identity card or any other document proving that you are the person concerned by the personal data. 

10. Contacts. MintT SA - Avenue Louise 251, 1000 Brussels, Belgium - E-mail: privacy@mintt.care. 

Data Protection Officer (DPO): The Privacy Office, Hochstrasse 81, 4700 Eupen, Belgium - Email: mailto: DPO@mintt.care 

ANNEXE B –  DATA PROCESSING AGREEMENT

Contractual clauses between controllers and processors under Article 28(7) of the GDPR ;

SECTION I

Clause 1 - Purpose and scope

a)  The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of 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 (General Data Protection Regulation).

b)  The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.

c)  These Clauses apply to the processing of personal data as specified in Annex II.

d)  Annexes I to IV are an integral part of the Clauses.

e)  These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/67.

f)  These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

Clause 2 - Invariability of the Clauses

a)  The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

b)  This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

Clause 3 - Interpretation

a)  Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.

b)  These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

c)  These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 4 - Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

[Clause 5 - Optional (not retained)]

SECTION II - OBLIGATIONS OF THE PARTIES

Clause 6 -  Description 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 II. 

Clause 7 - Obligations of the Parties

7.1. Instructions

a)  The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. 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.

b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 or the applicable Union or Member State data protection provisions.

7.2. Purpose limitation

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

7.3.  Duration of the processing of personal data

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

7.4.  Security of processing 

a) The processor shall at least implement the technical and organisational measures specified in Annex III 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. 

b)  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.

7.5.  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.

7.6.  Documentation and compliance

a)  The Parties shall be able to demonstrate compliance with these Clauses.

b)  The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

c)  The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, 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.

d)  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.

e)  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.

7.7.  Use of sub-processors

a)  The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing 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.

b)  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 these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

c)  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.

d)  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.

e)  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.

7.8.  International transfers

a)  Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.

b)  The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

Clause 8 -  Assistance to the controller

a)  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.

b)  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 instruction.

c)  In addition to the processor’s obligation to assist the controller pursuant to Clause 8(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 in Article 32 of Regulation (EU) 2016/679.  ​

d)  The Parties shall set out in Annex III 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 9 -  Notification 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 under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.

9.1.  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:

a)  in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);

b)  in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, 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.

c)  in complying, pursuant to Article 34 of Regulation (EU) 2016/679, 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.

9.2.  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) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

b) the details of a contact point where more information concerning the personal data breach can be obtained;

c) 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 III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.

SECTION III -  FINAL PROVISIONS 

Clause 10 -  Non-compliance with the Clauses and termination

a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.

b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

​1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses 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 these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;

​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 these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

d)  Following termination of the contract, 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 Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.

ANNEXE I - List of parties

Controller :  

​Identity and contact details of the data controller and, where applicable, of the controller’s data protection officer, included in the signed Offer Pre-Installation Form. 

Processor :  

​MintT SA, a company incorporated under Belgian law with its registered office at Avenue Louise 251, 1000 Brussels, Belgium and registered with the Crossroads Bank for Enterprises under ​number 0544.636.885  

​Data Protection Officer: The Privacy Office, Hochstrasse 81, 4700 Eupen, Belgium - Email: DPO@mintt.care 

​Name, function and contact details of the contact person: Sabine Mersch - TPO <sme@tpo.solutions>

ANNEXE II -  Description of the processing

Categories of data subjects whose personal data is processed: 

​Client staff using the interface, residents and/or patients, visitors  

Categories of personal data processed : 

• Relating to the Client's staff members using the interface: surname, first name, professional email address, interface usage logs,  
• Relating to residents and/or patients : 3D data 
• Relating to visitors : 3D data 

Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures: Not applicable.

Nature of the processing : 

​Capture of raw sensor data, transformation into 3D data, storage of 3D data, consultation for moderation and annotation purposes, provision to the client, anonymisation.

Purpose(s) for which the personal data is processed on behalf of the controller : 

​User access management and administration, platform support and sensor maintenance, 3D data generation, event detection, event notification, event moderation, event moderation ​ ​verification, alert notification, alert management, alert acknowledgement, intervention acknowledgement, real-time image viewing 

Duration of the processing :  

​One month. 

For processing by (sub-)processors, also specify subject matter, nature and duration of the processing: 

​Digital Ocean: Storage of 3D data and logs. The data is processed for a period of one month from the time of capture. 

​Ecritel: HDS storage of 3D data and logs. The data is processed for a period of one month from the time of capture. 

ANNEXE III -  Technical and organisational measures including technical and organisational measures to ensure the security of the data

1.  Control of the organisation

The processor (MintT SA) has implemented and maintains appropriate technical and organisational measures to prevent unauthorised or unlawful processing of personal data and the accidental loss, destruction or damage of personal data.

1.1.  Policies and procedures

The processor (MintT SA) has adopted and implemented information security policies and standards. 

Individual measures :

• Compilation, updating and implementation of guidelines on the processing of personal data.  
• The organisation has a safety charter

1.2.  Awareness raising and training

All staff (employees and contractors) undergo mandatory annual training on information security and data confidentiality.  

Individual measures :

• Information sessions on data protection are organised 
• Information is regularly sent on new data protection processes that are important for the respective users according to their role 
• Information sessions on data security are organised 
• Safety is regularly brought to the attention of the staff by means of e-mail reminders. 

1.3.  Human resources security

All staff members sign a confidentiality agreement.

Individual measures :

•  The staff signed their employment contract with a specific confidentiality clause.

1.4.  Secure archiving

All documents, after the retention period, are archived or destroyed according to the data management and retention schedule.  

Individual measures :

• An archive management process has been defined. 
• Specific access arrangements to archived data have been put in place, as the use of an archive is specific and exceptional. 
• Obsolete archives are securely destroyed. 
• The longevity of digital information is sufficiently guaranteed. 
• The archived data is only accessible to a specific department responsible for accessing it.

1.5.  Deletion/destruction of data

Documents and records are not kept longer than necessary. Documents and records are destroyed after the retention period so as not to breach regulatory requirements.  

Individual measures : 

• A secure data destruction procedure, including data retention periods, has been put in place. 
• Data is safely disposed of from the devices before they are discarded or sent to a third party for repair or at the end of the rental contract. 
• We only use audited or certified data erasure software.

2.  Logical access control

The processor (MintT SA) has procedures in place to prevent unauthorised access to personal data. Access to information systems is based on the principles of "least privilege" and "need to know".

2.1.  Policies and procedures

The processor (MintT SA) has established an access control policy and related processes, objectives and procedures relevant to managing risk and improving information security to produce results consistent with our overall policies and objectives. 

Individual measures : 

• An access control policy has been established, including purpose, audience, objectives. 
• This access control policy includes procedures, expected consequences for individuals and security measures. 
• The access control policy is reviewed regularly, at least once a year. 

2.2.  Separation of data

The processor (MintT SA) identifies, classifies, labels and processes the data and applies data protection mechanisms appropriate to the level of confidentiality and sensitivity.  

Individual steps : 

• Several different classes of information have been defined 
• Documents and e-mails containing confidential data are specifically marked. 
• Obligation to place a visible and explicit notice on each page of paper or electronic documents containing sensitive data, in accordance with Art. 9 GDPR 
• The servers hosting the databases are not used for other functions, such as browsing websites, accessing e-mail, etc. 
• Databases are not stored in publicly accessible locations such as web folders, a temporary partition, etc. 
• All systems handling sensitive data as defined in Article 9 of the GDPR are implemented in a dedicated (isolated) environment. 

2.3.  User access management

The processor (MintT SA) grants access privileges to the information systems on the basis of the "need to know" and "least privilege" principles.  

Individual steps : 

• Users must authenticate themselves before they can access personal data. 
• Individual user IDs are associated with users and shared access IDs are limited. If this is unavoidable, shared access credentials should be approved by management and recorded where appropriate. 
• In the systems, tasks and areas of responsibility are segregated in order to limit users' access to only those data that are strictly necessary for the performance of their work. 
• A user is immediately deleted if he/she is no longer authorised to access a room or an IT resource, and/or when he/she leaves the organisation. 
• An annual review of access rights is carried out to identify and remove unused accounts and to realign the rights and roles of each user. 
• Only qualified persons are allowed to access the administration tools and interfaces. 
• Access is provided to users based on the concept of least privilege. 
• Server administration operations must be performed via a dedicated service or an endpoint service that requires strong authentication 
• Physical and logical access to diagnostic and configuration ports must be controlled. 
• Appropriate measures are in place to ensure the secure administration of IT systems and Active Directory servers in particular. 
• The use of administrator accounts is limited to IT staff. 

2.4.  Password management

The processor (MintT SA) has put in place the following procedures to prevent unauthorised access to personal data. 

Individual measures : 

• MintT complies with the recommendations of the CNIL regarding passwords, particularly during the first access or following a password reset.  
• When activating the application, the default passwords must be changed and the default accounts are disabled. 
• Use of policies requiring certain criteria for password creation, such as character length, characters, etc. 
• Specific password policy for administrators.  
• Change passwords when an administrator leaves the organisation or in case of suspected compromise. 
• Each application has a separate account. 

2.5.  Vulnerability management

Vulnerabilities are properly identified, detected, classified and prioritised, and are subject to remediation, validation and continuous monitoring.  

Individual measures : 

• The "install updates automatically" function for all critical operating systems is always enabled. 
• Protection against attacks on databases via SQL code injection, scripts. 
• Systems to detect and prevent attacks on critical systems or servers are also used. 

2.6.  Confidentiality controls

The organisation collects, uses, stores, shares and protects personal information in connection with the services it provides.  

Individual approaches : 

• Consent is obtained from individuals if cookies, other than those strictly necessary, are used. 
• Personal data is not transmitted via a URL, such as IDs or passwords. 

2.7. Asset management 

The organisation's assets are inventoried, classified according to their sensitivity and an information owner is assigned.  

Individual measures : 

• Limitation of the number of components implemented. Components are monitored and updated. 

3. Access registration 

Access to the organisation's assets is monitored to detect violations of IT security policies and to record events or other security incidents. ​

3.1.  Logging and monitoring

The organisation records and reviews all significant activity on all its information systems.  

Individual measures : 

• A logging system is in place based on the ANSSI's "Security recommendations for the implementation of a logging system". 
• Priority information and consultation of staff representatives, especially those whose activities are logged. 
• Procedures describing how data accesses should be logged and regular review of the logs to detect any anomalies. 
• Prohibition on the use of log information for purposes other than ensuring the correct use of the information processed.

4.  Security incident management system

The processor (MintT SA) follows the security incident management system to minimise the damage caused by information security incidents and to monitor and learn from information security incidents. 

4.1.  Policies and procedures

The processor (MintT SA) has processes in place to discover, manage and prevent future incidents. 

Individual measures : 

• Use of defined procedures to notify the data protection authority of any data security breach. 

4.2.  Incident response

The processor (MintT SA) has developed, established and regularly reviewed an effective incident response plan that clearly specifies the roles, responsibilities and activities that must be followed when responding to an information security incident.  

Individual steps : 

• Inform the controller as soon as possible of any anomaly or security incident. 
• Once a security event has been reported and recorded, it is evaluated to determine the best course of action. 
• Policy for managing incidents and personal data breaches and raising awareness of what users should do in the event of a security incident. 
• In the event of a security incident, the measures specified by CERT-FR are applied. Assignment of owners, clear actions, time scales for an information security event or incident.

5.  Disclosure control

The processor (MintT SA) has controls in place to ensure that the information exchanged is protected against interception, copying, modification, misdirection and destruction.

5.1.  Policies and procedures

The organisation has established, documented, regularly reviewed and updated policies to ensure the protection of information in the networks and the information processing facilities that support them. 

Individual measures :

• A policy that makes regular software updates and patch management mandatory has been established and implemented.  

5.2.  Disclosure control

The organisation ensures the correct and secure operation of information processing facilities, the protection of software integrity and the guarantee of the confidentiality and integrity of electronic communications. 

Individual measures : 

• Workstations automatically log out of a session after a set period of inactivity to prevent unauthorised access. 
• The allowed communication ports are limited to those necessary for the correct use of the applications installed on the workstation. 
• Regular updating of anti-virus software 
• Administrator rights are not given to users who do not have computer security skills. 
• Confidential data is handled and disposed of securely. 
• Implementing measures to protect against theft, including visible marking of equipment and mitigation of its effects, including automatic locking and encryption. 
• Only the necessary Internet Protocols (IP) are allowed.

5.3. Mobile devices 

The organisation has taken certain precautionary measures to minimise the risk of compromise and ensure the security of information and infrastructure. 

Individual measures : 

• Mobile device management framework for secure teleworking and mobile device use. 
• Disabling the auto-run function to prevent unauthorised dissemination, alteration, deletion or destruction of information contained in the media. 
• Annual awareness-raising of users on the specific risks associated with the use of mobile tools 
• Controlled backup and synchronisation of mobile devices to protect against loss of stored data. 
• Targeted use of hard drive encryption in laptops. 
• Automatically logging smartphones out of a session after a certain period of inactivity to prevent unauthorised access and authentication to unlock them. 
• When used in public places, use of a privacy filter on the screens of mobile devices. 

5.4.  Operating system

The organisation ensures that the operating system (OS) maintains confidentiality, integrity and availability. OS security protects systems and data from threats, viruses, worms, etc.  

Individual measures : 

• Use of up-to-date operating systems. 
• Installation of critical operating system updates without delay, with automatic weekly checks.

5.5.  Network protection

The organisation ensures the confidentiality, integrity and availability of the network infrastructure and provides controlled access to network resources and services based on business and security requirements.  

Individual measures 

• Maximum restriction of Internet access by blocking non-essential services, such as peer to peer, etc. 
• The WIFI network is protected 
• Use of OTP authentication of users 
• Use of remote access servers with secure VPN access 
• Incoming/outgoing data flows are filtered and limited to necessary flows (firewall and proxy configuration and servers) 
• Use of SSH or direct physical access to devices. 
• Users do not have unfiltered access to the Internet 
• Wireless networks or wifi are encrypted using a security algorithm (WPA2)  
• Use of the recommendations published by the ANSSI for securing websites, TLS and Wi-Fi.  
• Scanning network devices to find network devices and their details such as device status, response time and IP address. 
• Information of users when their content is analysed. 
• Use of a DMZ network for servers accessible from the Internet and firewalls to separate the networks. 

5.6. Encryption

The organisation designs and implements processes for the management, generation, distribution, storage, archiving, destruction, revocation and change of keys used in cryptographic systems.  

Individual steps : 

• Use of the TLS protocol (replacing SSL) to ensure encryption and authentication for all online data exchange. 
• No use of unsecured servers 
• Use of the TLS protocol on all websites, using only the most recent version and verifying its correct implementation. 
• All web pages and servers use TLS in their communications 
• Removable media and mobile devices are encrypted before being shared. 
• Use of an encrypted online email service when sharing sensitive documents by email based on the recommendations of CNIL sheet 17. 
• Use of the HTTPS protocol to guarantee confidentiality and authentication of the recipient server for file transfers. 
• When sending data over the network, the confidentiality of secrets (encryption keys, passwords, etc.) is enhanced by sending them over a separate channel. 
• The use of public key algorithms to guarantee the confidentiality and integrity of communications, as well as the authentication of the sender. 
• Protect secret keys with restrictive access rights and a secure password. 
• Use of a key management and certification procedure.  
• Understanding and application of the main principles of cryptology and encryption defined by the CNIL must be respected. 
• Checking the use and validity of the electronic certificate and ensuring that it is valid 
• The encryption solution used: the GNU Privacy Guard software, which uses asymmetric cryptography. 

6.  IT Services Continuity Management

The organisation ensures that IT services supporting critical business processes and the processing of personal data will continue even in the event of a major breakdown.

6.1.  Policies and procedures

The organisation ensures that documented plans, response and recovery procedures are developed and approved. 

Individual steps : 

• An IT services continuity plan is applied and contains a list of the people involved. 
• The responsible persons who will be notified in case of cyber security incidents are identified 
• The business continuity management plan takes into account the guidelines issued by the SGDSN.

6.2.  Backup

The organisation ensures the backup and recovery of critical business and personal data in order to maintain the availability and integrity of data in the event of a business interruption.  

Individual measures : 

• Data is not stored on the workstation 
• The use of cloud services installed by default on a device as a backup or synchronisation tool is prohibited. 
• Daily incremental backups and full backups at regular intervals are performed and verified.   
• The backup data is protected with the same stringent controls as those used to protect the database itself. 
• When backups are sent over the network, they are encrypted along with the transmission channel. 
• Data backups are stored in different locations.  
• Backup plans and the restoration of backed-up data are tested regularly. 
• Use of redundant storage and data storage virtualisation (RAID) technology for better performance and availability.

6.3.  IT services continuity management controls

The organisation implements controls to facilitate IT services continuity management to ensure resilience of assets and services.  

Individual measures : 

• Backup power supply in place to ensure full protection of critical IT equipment.

7.  Supply chain risk management

All contractual and/or commercial relationships with third parties having access to the organisation's information or information processing facilities shall include agreed information security provisions to ensure compliance with the organisation's information security requirements. 

7.1.  Policies and procedures

The organisation has developed and established policies and procedures for managing supply chain risks.  

Individual measures : 

• Recording of all maintenance work in a register 
• Safety clause in maintenance contracts with service providers 
• Signature of a contract (DPA) with the processors, which defines the subject, duration and purpose of the processing and the obligations of each party.  
• The contract includes confidentiality clauses for data shared with third parties and subcontractors. 
• The contract include clauses on minimum standards for user authentication. 
• The contract also contains provisions for the return of data and/or their destruction at the end of the contract. 
• The contract contains rules for the management and reporting of incidents. 
• The contract contains the obligations of the processor under Article 28 of the GDPR. 
• Verification of the presence of guarantees on the actual geographical location of the data or without ensuring the legitimacy of data transfers outside the European Economic Area.  
• ISO 27001 certification procedure being implemented and specific national regulations being followed. 

7.2.  Safety checks

The organisation ensures that suppliers have acceptable levels of data protection and information security in place to protect and maintain the confidentiality, integrity and availability of information.  

Individual measures : 

• Identified manager who manages third parties and supervises their work 
• Checking the IT security policies of service providers before signing a contract with them. 
• Verification that data is encrypted according to its sensitivity or, at least, that procedures or technologies are in place. 
• Audit of the encryption of data transmissions (e.g. HTTPS connection, VPN, etc.). 
• Audit network security controls, access logs and audits, access provisioning and deprovisioning, authentication, privilege access management, etc. 
• Verification of compliance with Article 28 of the GDPR - Obligations of the processor 

8.  Physical access control

The organisation uses industry best practices to protect itself against physical and logical attacks as well as natural disasters, such as fire, earthquakes, floods, etc. 

8.1.  Physical security controls

The organisation has adequate controls in place to protect assets, information systems and employees from physical and environmental threats.  

Individual measures : 

• Installation and regular testing of burglar alarms  
• Installation of smoke detectors and fire-fighting equipment, checked once a year.  
• Securing keys and codes for access to the premises. 
• A risk analysis of the building areas is carried out  
• Maintaining and regularly updating a list of persons who have access to the building or premises. 
• Application of the rules and methods for controlling visitor access, visitors are accompanied out of the public reception area by a person from your organisation. 
• Protection of IT equipment with fire prevention system, uninterrupted power supply, air conditioning, humidity control. 
• Annual maintenance of the air conditioning and inverters. 
• Only authorised personnel have access to restricted areas.  
• Regularly reassess and update access rights to restricted areas, removing them if necessary. 

9.  Purchase, development and maintenance of hardware and software

The organisation ensures that security requirements are identified and agreed before - and that appropriate information security controls are in place during - the purchase, development and maintenance of hardware and software. 

9.1.  Application security

Systems planning is carried out and requirements have been defined prior to the selection, development, deployment and implementation of any IT system.  

Individual measures : 

• Automatic security updates are enabled and performed automatically. 
• Prohibition of downloading/installing applications from the Internet or from unsecured sources. 
• Security control of the software and hardware used in the organisation's IT system. 
• Applications are updated when critical security flaws have been identified and fixed. 

9.2.  Development of secure software

The organisation has established a Secure Software Development Life Cycle (SSDLC) for planning, requirements analysis, design, development and testing.  

Individual steps : 

• Privacy and security are integrated from the design stage during the development of applications, which influences the choice of architecture (decentralised or centralised), functionalities (fast anonymisation, data minimisation), technologies (encryption), etc. 
• Minimisation of free text entries or comment fields when developing applications and services. 
• Software development and testing is carried out in a separate IT environment from the production environment. Use of dummy or anonymous data. 
• Use of fictitious personal data during the development and test phases. 
• Security by Design or Secure Software Development Life Cycle (SSDLC) during application development. 
• When developing software, priority is given to data acquisition and recording techniques that minimise data collection 
• The data formats are adapted to the chosen retention period. 
• User profiles are created during the development of applications. 
• The CNIL article on free text entries and comment areas is consulted during the development of applications. 
• Depending on the application, use of signatures in the executable code to ensure that no changes have been made to the code.

​

ANNEXE IV -  List of sub-processors

1. Digital Ocean LLC,  a corporation organized and existing under the laws of the State of New York, having its principal place of business at 101 Avenue of the Americas, 10th Floor, New York, NY 10013.

Contact: https://www.digitalocean.com/support/

Description of the processing: Data hosting. 

2. Ecritel, a company constituted and existing under the laws of France, having its registered office at 84 rue Villeneuve, 92110 Clichy, France, and registered with the RCS Nanterre under the company number 332 484 021, Siret 332 484 021 000 99. 

Contact: https://www.ecritel.fr/fr/solutions/ecritel-medical-hosting-hds/

Description of the processing: Data hosting.