DATA SECURITY ADDENDUM (DSA)
This Data Security Addendum (“DSA Addendum” or “Addendum” or “DSA”) is incorporated into, and made a part of, the Service Order that references this DSA Addendum, and constitutes a part of the MSA (as defined in the Service Order) between Tealium and Customer (as identified in such Service Order).
(a) Defined terms used in this Addendum and not otherwise defined in the MSA or in the body of this Addendum will have the meanings set out in Section 2 of this DSA Addendum.
(b) Tealium will implement and maintain logical and physical security procedures with respect to its access, use, and possession of Customer Data (“Processes”) that are designed to provide reasonably appropriate technical and organizational safeguards against accidental or unlawful destruction, loss, alteration or unauthorized disclosure or access of Customer Data at least equal to Industry Standards, but which in no event are less protective than the specific requirements of this Addendum. Tealium will regularly re-evaluate and modify its security standards as Industry Standards evolve, new technologies emerge or new threats are identified. Unless otherwise agreed, all data processing shall be in a multi-tenant environment with logical segmentation controls.
(c) Tealium’s data centers are owned and operated by Amazon Web Services Inc. (“AWS”). Details of AWS’ security standards and programs are available at https://aws.amazon.com/security/.
(a) “Breach” means any incident that has resulted in (or Tealium reasonably suspects has resulted in) unauthorized disclosure, access, use, receipt, or modification of Customer Data in Tealium’s possession or control in the course of providing Services to Customer.
(b) “Computing Equipment” means desktop, laptop or notebook computers, mobile devices (e.g. cell phones or tablets) and any other devices used for telephony or computing functions.
(c) “Dynamic Application Security Testing” or “DAST” means a security test of an application designed to detect conditions indicative of a security vulnerability in an application as it runs in a production environment, or in a test environment representative of the production environment in which such application will run.
(d) “Encryption” means the process of using an algorithm to transform data into coded information in order to protect the confidentiality of the data.
(e) “Firewall” means an integrated collection of security measures used to prevent unauthorized electronic access to Tealium’s networked computer system.
(f) “Industry Standards” means customs and practices followed by, and representing the degree of skill, care, prudence and foresight expected from, leading providers of the types of services that are the subject matter of the MSA.
(g) “Intrusion Detection Process” or “IDP” means a method of reviewing system logs and processes in near real-time and escalating identified patterns of behavior that indicate an intrusion is occurring or is likely to occur soon without unreasonable delay.
(h) “Least Privilege” means that, every module in a particular computing environment (such as a process, a user or a program) may only access the information and resources that are necessary for its legitimate purpose.
(i) “Manual Penetration Testing” means a manual security test of an application, executed by a combination of automated tools and a certified tester or qualified third party.
(j) “Multifactor Authentication” means authentication using at least two (2) of the following factors: “Something you know” such as a password, “Something you have” such as a token, or “Something you are” such as a biometric reading.
(k) “Removable Media” means portable or removable hard disks, floppy disks, USB memory drives, zip disks, optical disks, CDs, DVDs, digital film, memory cards (e.g., Secure Digital (SD), Memory Sticks (MS), CompactFlash (CF), SmartMedia (SM), MultiMediaCard (MMC), and xD-Picture Card (xD)), magnetic tape, and all other removable data storage media that contain Customer Data.
(l) “Secure SDLC Methodology” means a documented process for planning, creating, testing, and deploying an information system that requires information security engagement, particularly with respect to the design, test, and deployment stages.
(m) “Separation of Duties” means all software design and updates are authorized by a separate employee.
(n) “Tealium Facilities” means facilities involved in the provision of Services including all locations where Tealium personnel work and use Tealium Systems and/or where Customer Data is hosted or processed.
(o) “Tealium Systems” means components involved in the provision of Services which include but are not limited to network devices, applications, physical or virtual hardware or software, servers, databases and networks.
(p) “Threat Model” means a process by which potential threats can be identified, enumerated, and prioritized – all from a hypothetical attacker’s point of view. The purpose of threat modeling is to provide defenders with a systematic analysis of the probable attacker’s profile, the most likely attack vectors, and the assets most desired by an attacker.
(q) “Unauthorized Code” or “Malicious Code” means any back door, virus, Trojan horse, worm or other software routines or equipment components) that are designed to disrupt, modify, delete, or otherwise harm software, equipment or data, to impede the operation of Customer’s systems.
(r) “Root Cause Analysis” means a principle-based, systems approach for the identification of the underlying causes associated with a security event, including a Breach.
(a) Incident Management. Tealium maintains a documented incident management policy and process to timely detect security events, and provides coordinated response to threats and client notification. The process includes a Root Cause Analysis with identified issues tracked to remediation and evaluation and implementation of actions to prevent recurrence.
(b) Breach Notification & Remediation. In the event of a Breach, Tealium will notify Customer and remediate the Breach in the manner set forth below:
(i) Notification. Tealium will notify Customer within 48 hours of becoming aware of the Breach. Notice will include appropriate Tealium contact information (phone number and email address) and a summary of all relevant facts then known to Tealium including the approximate date and time of the Breach, the status of a Root Cause Analysis and the actions being taken by Tealium to rectify the Breach, remediate its effects, and prevent recurrence.
(ii) Root Cause Analysis. Tealium will promptly initiate and pursue to completion as quickly as possible a Root Cause Analysis.
(iii) Remediation. Tealium will promptly implement measures necessary to restore the security of Customer Data and Tealium Systems. If such measures include temporarily restricting access to any information or Tealium Systems in order to mitigate risks associated with further compromise, Tealium will promptly notify Customer of the restricted access, in advance of such restriction when reasonably possible. Tealium will cooperate with Customer to identify any additional steps required of Tealium to address the Breach and mitigate its effects.
4. INDEPENDENT RISK ASSESSMENTS
(a) Service Organization Reports. Tealium will undertake at least annually, at its expense, an audit in accordance with ISO/IEC 27001, ISO/IEC 27018 and with the International Standard on Assurance Engagements No. 3402 (SSAE16/ISAE 3402 Type II) or their successor standard(s), covering controls related to its provision of the Services as a services organization, the scope of which will be in accordance with Industry Standard practice.
(b) Third-Party / Subservice Organization Agreements. Tealium will conduct a detailed risk assessment on its service providers who process Customer Data with results documented and made available to Customer upon request.
(c) Security Testing. Tealium will, at least twice annually, engage, at its expense, a third party service provider to perform Manual Penetration Testing of Tealium Systems related to the provision of Services. The method of test scoring and issue ratings will follow Industry Standard practices, such as the latest Common Vulnerability Scoring System (“CVSS”) published by the US National Institute of Standards and Technology (“NIST”). Tealium will remedy any validated findings deemed material (critical, priority, or high risk) in a timely manner following such findings.
5. SECURITY FUNCTION
(a) Security Officer. Tealium will designate a point of contact to coordinate the continued security of all Customer Data and Tealium Systems. The Tealium Security Officer can be contacted at firstname.lastname@example.org.
(b) Training. In addition to any training obligations in the MSA, Tealium will, at least annually, provide all Tealium personnel with responsibilities related to the Services with appropriate ongoing training regarding Tealium’s Processes for which compliance is required under the MSA, including, without limitation, procedures to verify all Tealium personnel promptly report actual and/or suspected Breaches. All personnel involved in any part of the Secure SDLC Methodology are required to receive application security training. Tealium will retain documentation that such training has been completed.
6. DATA MANAGEMENT. For all Tealium Systems processing, storing, or transmitting Customer Data in the course of providing Services:
(a) Data Access. Customer Data will be accessible only by Tealium personnel whose responsibilities require such access and follow the principle of Least Privilege.
(b) Encryption of Information. Tealium will use Industry Standard Encryption techniques for Customer Data being stored, processed, or transmitted in the course of providing Services. Such techniques will require (i) key length of 128 bits or more for symmetric Encryption and (ii) key length of 2048 bits or more for asymmetric Encryption. Tealium will use Industry Standard authentication practices and secure all communications involving Customer Data.
(c) Cryptographic Key Management. Tealium will securely manage cryptographic keys and maintain documented Industry Standard control requirements and procedures. If Tealium uses public key infrastructure (“PKI”), Tealium will protect such PKI by ‘hardening’ the underlying operating system(s) to reasonably protect against unauthorized access. For commercial systems, Tealium will use vendor-recommended hardening guidelines. For non-commercial systems, Tealium will utilize Industry Standard hardening guidelines, such as checklists provided by the Center for Internet Security®.
(d) Removable Media. Tealium does not use Removable Media in providing the Services.
(e) Data Disposal and Servicing. In the event that any hardware, storage media, Removable Media, or documents containing Customer Data must be disposed of or transported for servicing, then:
(1) Tealium will maintain documented policies and procedures concerning data disposal that include provisions to maintain chain of custody; and
(2) Tealium will render such Customer Data inaccessible, cleaned, or scrubbed from such hardware and/or media using methods at least as protective as the minimum sanitization recommendations outlined by NIST SP 800-88 Rev.1 (or successor standard); and
(f) Data Transmission. If Customer Data is transferred by Tealium across the Internet, any wireless network (e.g., cellular, 802.11x, or similar technology), or other public or shared network, then protect such data using appropriate cryptography as required by Section 6(a)(iii) of this Addendum.
(g) Data Resiliency. Utilize industry standard safeguards to provide resiliency of Customer Data. Resiliency will be achieved by way of methods such as, but not limited to, database backups, file backups, server backups, or managed highly available, fault tolerant data storage or managed database services. Any Tealium storage or retention of backup files will be subject to all terms of this MSA. Tealium will test data resiliency periodically to protect the integrity and availability of Customer Data.
7. PHYSICAL SECURITY -FACILITIES. Tealium facilities will be protected by perimeter security such as barrier access controls (e.g., the use of entry badges) that provide a physical environment secure from unauthorized access, damage, and interference. At a minimum, all Tealium facilities are required to have the following security related characteristics:
(a) Tealium will document, implement and maintain personnel and physical security policies, including, without limitation, a “clean desk” policy.
(b) Tealium will install closed circuit television (“CCTV”) systems and CCTV recording systems to monitor and record access to Tealium facilities. Logs must be retained for at least one (1) year.
(c) All Tealium personnel will be issued and will display to gain access an identification badge allowing electronic verification of bearer’s identity.
(d) Each location will maintain procedures for validating visitor identity and authorization to enter the premises, including but not limited to an identification check, issuance of an identification badge, validation of host identity, purpose of visit, and recorded entry.
8. SYSTEMS & NETWORK SECURITY
(a) Asset Inventory. Tealium will maintain a comprehensive inventory of its current system components, hardware, and software (including version numbers and physical locations) to ensure only authorized and supported components process, store or transmit Customer Data. Tealium will, at least annually, review and update its system component inventory.
(b) Internal Network Segment Security. All data entering Tealium’s internal data network from any external source (including, without limitation, the Internet), must pass through Firewalls to enforce secure connections between internal Tealium Systems and external sources. Such Firewalls will explicitly deny all data other than the minimum required to support Tealium business operations.
(c) External Segment Security. Tealium’s external connections to the Internet or direct connections to Customer will:
(i) Have security measures and controls applied to its routers; and
(ii) Include an Intrusion Detection Process that will monitor all data within the external segment and information coming from routers to the Firewalls. Tealium’s IDP is designed to detect and report any unauthorized activity prior to entering the Firewalls.
(iii) Tealium will disable unnecessary network access points to prevent unauthorized devices from accessing the Customer environment.
(d) Scan incoming files. Tealium will use Industry Standard security tools including intrusion detection and file integrity tools on any servers on which Customer Data may be processed.
(e) Protect Against Unauthorized Code. Tealium will implement appropriate technical measures designed to protect against transferring Malicious Code (including without limitation Unauthorized Code) to Customer or Customer Systems via email or other electronic transmission by providing antimalware tools are deployed on all Tealium Systems supporting services to Customer and such tools are updated to provide protection against current threats.
(f) Vulnerability Management. Tealium will have a documented process to identify and remediate security vulnerabilities affecting Tealium Systems containing Customer Data. Tealium will remediate any identified security vulnerabilities within a reasonable amount of time.
(g) Electronic Communications. All electronic communications related to the provision of Services, including instant messaging and email services, will be protected by Industry Standard processes and technical controls.
9. CHANGE AND PATCH MANAGEMENT
(a) Change Management. Changes to applications, any part of the Tealium’s information technology infrastructure, Systems or the network will be tested, reviewed, and applied using a documented change management process and adhere to the principle of Separation of Duties.
(b) Emergency Changes. An emergency change approval process is established to implement changes and fixes to systems on an accelerated basis when necessary. Tealium will notify Customer in advance if any such emergency changes could affect the functionality of the Services during normal business hours.
(c) Software Updates. Tealium will:
(i) Use anti-malware and other security software in support of the delivery of Services;
(ii) Use only supported versions of software required for the delivery of Services; and
(iii) Where Services are involved, implement emergency software fixes within a reasonable time, unless in Tealium’s reasonable opinion this introduces higher business risks. All changes must be undertaken in accordance with the Tealium’s approved change management process.
10. LOGICAL ACCESS CONTROLS
(a) User Authentication: Tealium will implement processes designed to authenticate the identity of all users through the following means:
(i) User ID. Access to applications containing Customer Data must be traceable to one (1) user. Shared accounts accessing Customer Data are prohibited by Tealium.
(ii) Passwords. Each user on Tealium’s network will use a unique password to access applications containing Customer Data. Passwords will be at least eight (8) alphanumeric characters. The use of passwords that are easily discerned will be avoided (i.e., passwords matching or containing User ID, users’ birthdays, street addresses, children’s names, etc.). Tealium will require users to use multifactor authentication for access to applications or systems containing Customer Data.
(iii) Multifactor Authentication. Multifactor Authentication will be required for entry on all network access points designed to restrict entry to authorized personnel.
(b) Session Configuration. Sessions will be configured to timeout after a maximum of 30 minutes of user inactivity. Re-authentication will be required after such timeouts or periods of inactivity.
(c) Unsuccessful Logon Attempts. The number of unsuccessful logon attempts will be limited to a maximum of five (5). User accounts will be locked for at least ten (10) minutes after the maximum number of permitted unsuccessful logon attempts is exceeded.
(d) Remote Access. Remote access to Tealium Systems containing Customer Data will be restricted to authorized users, will require Multifactor Authentication and will be logged for review.
(e) Deactivation. User IDs for Tealium personnel with access to Customer Data will be deactivated immediately upon changes in job responsibilities that render such access unnecessary or termination of employment.
(f) Privileged Access. Tealium will use Industry Standard methods to provide that:
(i) Users with access to Tealium Systems containing Customer Data will be granted the minimum amount of privileges necessary to provide Services;
(ii) Privileged access will be restricted to authorized individual users and non-repudiation will be maintained;
(iii) Privileged user accounts will be used exclusively for privileged operational use and not for business as usual activities;
(iv) Developers will not receive privileged access to production environments; and
(v) All privileged access will require Multifactor Authentication.
11. LOGGING & MONITORING
(a) Network and Systems Monitoring. Tealium will actively monitor its networks and Tealium Systems where Customer Data is stored, processed or transmitted (including but not limited to IDP, Local Area Network/Wide Area Network (“LAN/WAN”) equipment and Systems and servers) to detect deviation from access control policies and actual or attempted intrusions or other unauthorized acts.
(b) Event Logging. For Tealium Systems processing, storing, or transmitting Customer Data in the course of providing Services, Tealium will:
(i) Maintain logs of key events, including access events, that may reasonably affect the confidentiality, integrity, and availability of the Services to Customer and that may assist in the identification or investigation of material incidents and/or security breaches occurring on Tealium Systems. Copies of such logs will be made available to Customer upon request;
(ii) Protect logs against modification or deletion and are reviewed on an at least quarterly basis by Tealium’s Information Security function; and
(iii) Retain logs for at least twelve (12) months.
12. SOFTWARE SECURITY ASSURANCE
(a) Development Methodology. For software used in the course of providing Services, Tealium will:
(i) Carry out in-house development activities in accordance with a documented secure software development policy, which will be shared with Customer upon request.
(ii) Deploy new applications and changes to existing applications to the live production environment strictly in accordance with the software development policy.
(iii) Maintain documented software development practices for itself and any third party development or software services including the definition, testing, and deployment of security requirements.
(b) Development Environments. For software used in the course of providing the Services, Tealium will:
(i) Perform system development and testing in distinct environments segregated from the production environment and protected against unauthorized disclosure of Customer Data.
(ii) Not use Customer Data within test environments without Customer’s prior written approval and the documented controls required to protect such information.
(c) Capacity and Performance Planning. Tealium will use capacity and performance planning practices designed to minimize the likelihood and impact of Tealium Systems failures or outages. Tealium will review capacity plans and performance monitoring information at least annually.
(d) Testing Process. Tealium will in the course of providing Services:
(i) Provide that applications undergo a formal code review process. Upon Customer’s request, Tealium will provide evidence of this formal process and process execution to Customer.
(ii) Provide that applications undergo a quarterly Dynamic Application Security Test (DAST). The method of test scoring and issue ratings will follow Industry Standard practice, such as the latest Common Vulnerability Scoring System (CVSS) published by the US National Institute of Standards and Technology (NIST). For any material findings (critical, priority, or high risk), Upon request, Tealium will provide Customer the results of such testing and remediation activities in the form of an executive summary attestation letter containing the testing performed, the date, and a summary of the results, including confirmation that all high or critical-level findings have been remediated and the fixes migrated to production.
(iii) Provide that applications undergo a Threat Model analysis at least annually. A process to formally report the results of the Threat Model and to remediate material (critical, priority or high) flaws will be present. Upon request, Tealium will evidence this activity by sharing the Threat Model executive summary.
13. DATA CENTER CONTROLS
(a) Base Requirements. Any data center supporting the Services will possess the following minimum requirements:
(i) Adequate physical security and access controls as set forth in Section 6 of this Addendum;
(ii) Professional HVAC & environmental controls;
(iii) Professional network/cabling environment;
(iv) Professional fire detection/suppression capability;
(v) A comprehensive business continuity plan.
(b) Control Validation. If (i) Tealium uses a data center provided by a sub-service organization, and (ii) a service organization report in accordance with the standards described in Section 4(a) of this Addendum (without material findings or exceptions) is made available to Customer with respect to such sub-service organization, Tealium will be deemed to be in compliance with the foregoing.
14. BUSINESS CONTINUITY PLAN
(a) BCP Planning and Testing
(i) Tealium’s plan capabilities will include a data resiliency system containing all hardware, software, communications equipment, and current copies of data and files necessary to perform Tealium’s obligations under the MSA; and
(ii) Tealium will maintain processes for timely recovery of Services at Tealium-owned and/or hosted data centers.
(b) BCP Plan. The plan will address the following additional standards or equivalent in all material respects:
(i) The plan will reflect regulatory and best industry practices;
(ii) The relocation of affected Tealium staff to one or more alternate sites and the reallocation of work to other locations that perform similar functions until such relocation is effected;
(iii) A full business impact analysis of the expected impacts and effects that Tealium believes are likely to arise in the event of a disruption to or loss of Tealium’s normal operations, systems and processes;
(iv) The establishment and maintenance of alternate sites and systems the capacity of which will be no less than the primary sites and systems that Tealium uses to provide the Services and perform its other obligations under this MSA;
(v) A description of the recovery process to be implemented following the occurrence of a disaster detailing the contingency arrangements in place to ensure recovery of Tealium’s operations, systems and processes and the key personnel, resources, services and actions necessary to ensure that business continuity is maintained. Tealium agrees that their recovery processes and BCM plans ensure a Recovery Time Objective (“RTO”) of four (4) hours and a Recovery Point Objective (“RPO”) of twenty four (24) hours;
(vi) A schedule of the objective times by which Tealium’s operations, systems and processes will be recovered following the occurrence of a disaster;
(c) Distinct Plans. If distinct plans apply to specific Tealium locations, the plans for each location from which a material part of the Services are performed by Tealium will be tested at least annually against a comprehensive scenario and the results made known to senior management of Tealium.
(d) Notification. In case of a disaster that Tealium reasonably believes will impact its ability to perform its obligations or affect the Services under the MSA, Tealium will promptly notify Customer of such disaster. Such notification will, as soon as such details are known, contain details of:
(i) The disaster in question and how it was detected;
(ii) The impact the disaster is likely to have on the Services;
(iii) The alternative operating strategies and the back-up systems Tealium will utilize and the timetable for their utilization; and
(iv) The expected timeframe in which the disaster will be resolved and Tealium expects to return to business as usual.
(e) Subcontractors. Tealium will require its subcontractors that perform any part of the Services (other than auxiliary services that facilitate the Services (e.g., document warehousing and retrieval, print services, etc.)) to have in place and maintain a commercially reasonable business continuity program that complies with regulatory and industry best practices. Tealium’s use of subcontractors does not diminish its obligation to provide business continuity capabilities as described above for all services provided under the MSA, regardless of their origin and regardless of notice to Customer.
15. NON-TEALIUM SYSTEMS
(a) Customer acknowledges that use of the Tealium Services, including collection, storage, use, and disclosure of Customer Data as contemplated hereunder, will involve transmission over the Internet and over various networks, including non-Tealium Products, only part of which may be owned or operated by Tealium. Customer acknowledges and understands that Customer Data might be accessed by unauthorized persons when communicated across the Internet, network communications facilities or by other electronic means. Tealium is not responsible for any Customer Data that is delayed, lost, destroyed, altered, intercepted or stored during the transmission of such data across network infrastructure not owned or operated by Tealium, including the Internet, third party websites, non-Tealium Products, or Customer’s or Customer’s users’ local networks.
Data Security Addendum v28FEB2019