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This policy explains where and how we host your data when you use AG5. It also explains the specific ways we use and disclose that information.

We’ll start with the basics, including a few definitions that should help you understand this agreement. When we say “we”, “us”, and “AG5”, we’re referring to AG5 software GmbH, a German company. When we say “you” or “member,” we’re referring to the person or entity that’s registered with us to use the Services.

We provide online platforms that you may use to create, plan, and manage Skills (the “Services”). We offer the Services on our websites http://www.ag5.com and http://www.ag5.com (each a “Website” and together the “Websites”).

 

DATACENTER

1. Hosting security
The hosting of the software is extremely well secured. Maximum security is in place for the datacenters (Datacenter), for the data connection (Connection), for the data storage (Storage), and for the use of the Software (Usage). The security is guaranteed through continuous controls, escrow measures and procedures.

2. Datacenters

AG5 uses multiple Datacenters of different external service providers to host the Servers. AG5 will notify Licensee of any change in the use of Datacenters and/or service provider at least 90 days in advance of the change.

3. Certification datacenter
The Datacenters conform to strict standards and are certified according the highest industry standards. The security in the Datacenters consists of visible and invisible physical measures and other facilities to guarantee an uninterrupted service.

4. Backup Data policy
AG5 guarantees one backup (Backup) of the Data on the production Servers (Production Server) each day. AG5 permanently archives the Backup on backup Servers (Backup Server) in another Datacenter. A daily Backup is archived by AG5 for 1 month. A weekly Backup is archived by AG5 for 6 months and a monthly Backup is archived for one year.

5. Backup Servers

The Backup Servers are available 24 hours per day in read-only mode. In the event of a system failure of the Production Servers this read-only mode can be switched off, making the Backup Servers operational. All communication between the Production Servers and the Backup Servers is encrypted.

6. Limitation to Processing
AG5 applies no fixed limit to the quantity of Data that you may process using the Hosting (Processing). However, this does not mean that AG5 will permit an unlimited Processing. In case of more than 50% higher than average Processing compared to the number of Users being paid for, AG5 will inform you thereof.

7. Security firewalls
All Servers used by AG5 are protected by multiple firewalls: the first is a hardware firewall that allows traffic via the HTTP, HTTPS and SSH ports (80, 443 and 22) only. In addition, every Server is equipped with a software firewall, which ensures that the Server can only be managed from certain IP addresses. It also writes every prohibited connection and every SSH session to a log file. The Servers can only be accessed via the HTTPS protocol. This means that all data traffic to and from the Servers is encrypted by means of 256-bit AES encryption using SSL. All data traffic is analyzed and all traffic differing from the established pattern is immediately blocked. XML and SOAP communications are subject to additional checks.

8. AG5 Employees Code of Conduct
AG5 maintains mandatory procedures which are described in the internal code of conduct of the organization (Code of Conduct). All employees of AG5 have signed the Code of Conduct and are supervised by the security officer to ensure compliance with these procedures.

9. Escrow
AG5 has an escrow policy (Escrow). The source code of the Software and the Documentation are owned by another legal entity (Owner) than AG5. Should a situation arise in which AG5 would no longer be in a position to provide the Services, the Owner guarantees the availability of both the Software and the Documentation for all users.

10. Loss of Data
AG5 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure of your Data unless caused by the negligence or intentional wrongful actions of AG5.

11. Ownership Data
You determine which Data is saved and/or exchanged using the Hosting. AG5 has no knowledge of this Data. You are responsible for ensuring that the Data saved and/or exchanged by Users is lawful and does not breach the rights of third parties. AG5 does not accept any liability whatsoever for the Data saved and/or exchanged using the Hosting.

12. Interruptions Hosting
The Hosting may be subject to limitations, delays, and other problems inherent to the use of the Internet and electronic communications. AG5 is not responsible for any delays, delivery failures, or other damage resulting from such problems unless caused by the negligence or intentional wrongful actions of AG5.

Hosting version:  141123 – updated November 2014