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Outsourcing Obligations Addendum

Vendor (as defined in the Purchase Order, acting as the "Processor") shall comply with the following terms and conditions, set forth in this addendum ("Addendum") in respect of personal information, as defined in the Protection of Privacy Law, 5741 – 1981 ("PII"), accessed, collected or processed by or provided to Processor in connection with the lead generation services provided by Processor to Radware Ltd. ("Company"). These terms and conditions are deemed accepted by the Parties prior to any service delivery, upon signing the Purchase Order.

  1. Processor warrants and represents, it will only process Radware information including PII, made available by Radware or otherwise processed by Vendor on behalf of Radware, including collection, storage and distribution of prospect customers (“Leads”) information, in compliance with all applicable laws (including but not limited to any privacy, anti-spam, unsolicited emails and data protection laws) and as set forth in Company’s privacy policy available at Radware Privacy Policy.
  2. Processor further warrants and represents, that it shall obtain and maintain at all times written consent from the Leads or other sources of PII, to allow their information to be provided to Company and Company’s business partners and to be contacted for promotional purposes, including the receipt of Company’s materials.
  3. Processor shall inform Company of any Data Subject Rights request, related to a Lead provided to Radware, including without limitation to delete its personal data, to be forgotten or otherwise restrict processing of its personal data, . Processor shall notify Company by email immediately upon such Lead’s requests and shall immediately implement such requests.
  4. Processor shall take all precautions in ensuring that the PII is accessed only by the Authorized Personnel (hereinafter defined) and shall ensure it has all necessary appropriate consents and notices are in place to enable lawful collecting, processing and transferring the PII to Company for the following purposes (the “Purposes”): providing Radware with lead generation services, for receiving Company’s commercial materials and for engaging by Company for marketing purposes. Processor shall ensure that only the following types of PII shall be processed herein solely as follows: name and contract information of Leads, such data may include company email address, company phone number and address. Any use, transfer of the PII for any reason other than the strict fulfillment of the Purposes shall be deemed a material breach of this Addendum. Processor will be restricted to those systems and/or applications specifically permitted by the Company. "Authorized Personnel" shall mean any one of the Processor's employees who was properly authorized in accordance with an adequate security protocol.
  5. The processor shall provide the company with a list of all relevant subprocessors that will process company information. Processor undertakes not to use any sub processor without obtaining Company’s prior written approval.
  6. Without derogating from the foregoing, Processor will ensure that any of its employees who have access to any part of the systems, software and/or facilities where the PII is hosted ("Processor Employees") are bound by a confidentiality undertaking prior to allowing them any such access.
  7. Processor shall ensure that the precautions hereunder will be enforced including monitoring and enforcement on a regular basis; shall train and update the Authorized Personnel in respect of the scope of the Purpose, use of the PII, and limitations and documentation of access as required by this Addendum, and shall provide the other party at its request with reports of Processor's compliance with the guidelines and the safeguarding measures it is enforcing for protection of the PII; and provide an immediate report regarding any breaches or suspected breaches in respect to the PII and/or use thereof which exceeds the Purposes.
  8. In the event of a breach of the security or integrity of the PII, Processor will immediately take remedial measures, including without limitation, all reasonable measures to restore the security of the PII and limit unauthorized or illegal dissemination of the PII or any part thereof.
  9. Processor shall maintain documentation regarding compliance with the requirements of this Addendum, including without limitation investigation of any complaints or investigation of possible breaches of this Addendum, which may be presented to the Company and/or the Database Registrar of the Israeli Privacy Protection Authority or third parties as required by Israeli Law or this Addendum.
  10. Without limiting or derogating from Processor's liabilities, obligations or indemnities otherwise assumed by Processor under this Addendum or any applicable law, rule, regulation, standard, and/or guideline, Processor shall insure, at its own cost and expense, in amounts sufficient to cover its liability under this Addendum, professional liability insurance covering, among things, the errors and omissions of Processor under these data security obligations, as set forth in written confirmation of such insurance which will be provided to the other party by Processor.
  11. Processor shall maintain the PII in protected facilities which shall reasonably prevent the risk of trespass (electronic or physical) and other unauthorized access, and which adequately protects the PII.
  12. Processor shall not, in any manner, collect, process, or use any information and/or databases in which PII is stored for unauthorized or illegal purposes or in an illegal manner.
  13. Processor shall coordinate and permit periodic security audits by the other party or its designee to ensure compliance with this Addendum and applicable laws, rules, regulations, standards, and/or guidelines, including without limitation access to data terminals and computers where PII may be accessed, electronic monitoring and compliance measures, and access to Processor’s relevant work logs, as appropriate, and executed agreements between Processor and the Leads.
  14. Processor shall coordinate and permit on site inspection by the other party or its designee of Processor’s physical work locations where PII is utilized, including without limitation, unannounced facility inspections by the other party's point of contact, or by the Israeli Database Registrar or its representative, and that such inspections will include access to electronic data terminals, computers, electronic storage media, and any other related device and equipment where PII is utilized, stored, and/or processed. This obligation is limited to access to the data of the other party and limited by the respective regulation of Israeli Law.
  15. In the event that Processor provides database services to other database owners, Processor shall ensure that there is a physical and/or logical separation between the PII and information of such other owners. At the request of the other party, Processor shall designate a point of contact who shall coordinate on all matters relating to the use and security of the PII.
  16. Processor shall assist and support Company in Company's compliance with its obligations to grant data subjects access to their PII and to process requests to correct or update their PII.
  17. Processor shall maintain and keep the PII only for the period during which it provides services to the Company or as required by law, and, upon fulfillment of the Purposes or termination of the services for any reason, shall permanently delete all PII and any supporting metadata or, at the Company’s discretion, return it to Company. To the extent there is a requirement by law obligating Processor to keep and maintain the PII, this Addendum shall remain in effect with respect to the protection of the PII and the auditing and inspection rights of Company.
  18. Processor shall delete any information or part of the PII that is no longer required for the Purposes. To the extent there is a requirement by law obligating Processor to keep and maintain such information, it will be kept physically and/or logically separate from the PII, in a manner that will decrease the risks for unauthorized use.
  19. Processor undertakes to implement adequate technical and organizational measures to ensure a level of security adequate to the risk, taking into account, among other things, the type of processing, the purposes pursued, the context and specific circumstances in which the processing takes place.
  20. Processor shall indemnify and hold Company and its business partners harmless from and against any claims, lawsuits, judgments, liabilities, damages, losses and costs, including reasonable attorneys' fees, resulting from or caused by Processor’s failure to comply with its undertakings set forth herein.

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