Toast Partner Data Processing Addendum

Effective: May 10, 2023

This Partner Data Processing Addendum (the “Addendum”) is entered into by the partner (“Partner”) and the relevant Toast entity engaged in the Services (referred to generally as “Toast”) and forms part of and shall be incorporated into the underlying relationship and agreements (including but not limited to the Toast API Terms of Use and the Partner Referral and Revenue Share Agreement) between Toast and the Partner (collectively the “Agreement”) in relation to both Toast and Partner’s (each a “Party” or together the “Parties”) Processing of Personal Information under the Agreement.

1.    INTRODUCTION

1.1    Both Partner and Toast provide Services under the Agreement that may involve the processing of Personal Information.  

1.2    Both Partner and Toast agree to comply in good faith with the terms set out in this Addendum. 

1.3    If any language in this Addendum conflicts with the Agreement, this Addendum shall control.

2.    DEFINITIONS

Unless otherwise set out below, each capitalized term in this Addendum shall have the meaning set out in the Agreement.

2.1  “Alternative Transfer Mechanism” means a mechanism other than the Standard Contractual Clauses that enables the lawful transfer of Personal Information from the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland to a third country in accordance with Applicable Data Protection Laws, including, but not limited to, programs both approved and operated by the U.S. Department of Commerce and approved by the European Commission or other applicable governmental authority or entity.

2.2   “Applicable Data Protection Laws” means all applicable federal, state, provincial, regional and local laws, directives, regulations, and rules imposed by any government, agency or authority in relation to the processing and security of Personal Information, including, but not limited, to the European Union’s General Data Protection Regulation (Regulation 2016/679) pertaining to the protection of individuals within the European Economic Area (“EU GDPR”), the EU Directive on Privacy and Electronic Communications 2002/58/EC (“PECR”), the data protection law of the United Kingdom, including but not limited to the EU GDPR as incorporated into the United Kingdom,  the Data Protection Act  2018 and any additional legislation (“UK GDPR”), Switzerland’s Federal Data Protection Act of 19 June 1992, Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), as well as any applicable provincial legislation, the CCPA, and other US Privacy Laws as any of the foregoing may be amended, replaced or superseded.

2.3    “CCPA” means, as applicable, the California Consumer Privacy Act of 2018, California Civil Code 1798.100 et seq. (2018), including as amended by the California Privacy Rights Act of 2020; and any subsequent replacements to the foregoing laws. All implementing regulations forming part of the laws above shall also be included in this definition. 

2.4    “Controller” means the entity that determines as a legal person alone or jointly with others the purposes and means of the Processing of Personal Information. For the purposes of this Toast Partner Agreement, “Controller” includes similarly defined terms under the Applicable Data Protection Laws, including, but not limited to, a “business.”

2.5     “GDPR” means, as applicable, the EU GDPR and the UK GDPR.

2.6    "Individual” has the same meaning as “consumer” or “data subject” under the Applicable Data Protection Laws.

2.7    “Individual Rights Request” means the exercise of an individual’s right over their Personal Information (for example deletion, access or rectification) and shall be understood to have the same meaning as a “data subject rights request”, “a consumer right”, “a personal data rights request”, and similar terms as may be defined under Applicable Data Protection Laws.

2.8    “Merchant” means the contracting entity listed on the applicable Toast order form or merchant agreement, as applicable.

2.9     “Personal Information” means any information relating to an identified or identifiable individual or household. Personal Information may include, but is not limited to, a name, address, contact details, unique identifiers, payment card information, biometric identifiers and information, preferences, history and profile data, IP addresses, and location-based information, but excludes aggregated or anonymized information. Personal Information shall include any information that constitutes “Personal Information” or “Personal Data” under the Applicable Data Protection Laws.

2.10  “Process” or “Processing” means any operation or set of operations performed on Personal Information or sets of Personal Information, whether or not by automated means, including, but not limited to, the collection, access, use, alteration, disclosure, or deletion of Personal Information.

2.11     “Processor" means the entity which processes Personal Information on behalf of a Controller.

2.12    “Sale” or “Sell” has the same meaning as such term is defined in the CCPA, any subsequent or similar legislation or other Applicable Data Protection Laws as enacted or amended from time to time.

2.13  “Security Incident” means any accidental or unlawful destruction, loss, alteration, theft, unauthorized disclosure of, or access to, Personal Information.

2.14    “Services” means services provided as part of the Toast Partner Agreement between Toast and the Partner.

2.15    “Share”  or “Sharing” has the same meaning as such term is defined in the CCPA, any subsequent or similar legislation or other Applicable Data Protection Laws as enacted or amended from time to time. 

2.16   “Standard Contractual Clauses” or “SCCs” means (i) in respect of EU Personal Information, the Standard Contractual Clauses implemented by the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 for the transfer of personal data to third countries pursuant to the EU GDPR, as updated or replaced from time to time (“EU Standard Contractual Clauses”) and (ii) in respect of UK Personal Information, means the International Data Transfer Addendum to the EU Standard Contractual Clauses issued by the UK Information Commissioner’s Office (ICO) in accordance with the UK GDPR and the Data Protection Act 2018, as amended or replaced (“UK Addendum”). 

2.17   “Sub-processor” means any additional authorized Processor engaged by the original Processor that agrees to receive any Personal Information from the Controller as part of the Services.

2.18   “Third Party” means any Controller, Processor or Sub-processor engaged by a Party that agrees to receive Personal Information as part of the Services.

2.19   “US Privacy Laws” refers to state-specific privacy laws in the United States, including the CCPA, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy and other state-specific privacy laws as amended; and any subsequent replacements to the foregoing laws. All implementing regulations forming part of the laws above shall also be included in this definition. 

DATA PROCESSING 

3.  CONTROLLER OBLIGATIONS  

The parties agree that Toast shall act as a Controller only where (i) data is disclosed in the context of a referral relationship, and/or (ii) specifically set forth in the Agreement. If neither Party is a Controller, the terms provided under this Section 3 are not applicable to the Agreement. 

To the extent Toast and Partner Process Personal Information as Controllers as part of the Agreement, the Parties agree that:

3.1     Independent controllers: Each Party shall act as independent Controller and no “Joint Controller” relationship shall exist under the Applicable Data Protection Laws.

3.2      Compliance with law: Both Parties agree to comply with Applicable Data Protection Laws and shall not by any act or omission, put the other Party in breach of those Laws.    

3.3     Compliance obligations: Each Party is obligated to manage its respective compliance obligations pursuant to Applicable Data Protection Laws and putting in place any applicable controls or governance, which may include (i) the provision and maintenance of a privacy statement or similar notice for each Party’s respective Processing; (ii) providing written notices to individuals (iii)  obtaining any required consents (including initial consents or consents for secondary uses) before any initial or subsequent use or disclosure of Personal Information; (iv) fulfillment and management of opt-outs and individual rights requests; (v) compliance with any applicable direct marketing or spam legislation, and (vi) the oversight of Processing operations involving Personal Information. 

3.4   Individual Rights Requests: Each Party shall comply with Individual Rights Requests under Applicable Data Protection Laws (including the right to withdraw consent, of access, restriction, rectification and erasure) in relation to Personal Information. The Parties shall reasonably cooperate with each other to respond to such requests where required or appropriate. 

3.5     No Sales or Sharing: Each Party represents and warrants that, to the best of its knowledge, the transfer of Personal Information under the Agreement between the Parties does not constitute a “Sale” or “Sharing” under the Applicable Data Protection Laws. The Parties agree that any transfers of Personal Information to Third Parties, whether made directly by a Party or made at the request of the other Party will not constitute a “Sale” or “Sharing”  To the extent any transfer to a Third Party is found to later constitute a “Sale” or “Sharing” the Party responsible for instructing that transfer shall be solely responsible for implementing the appropriate disclosures and managing any subsequent legal obligations (e.g., opt-outs) under the Applicable Data Protection Laws.

The Partner:

3.6    Specifically with regard to any Personal Information Partner discloses to Toast, Partner represents and warrants that it has provided the appropriate notice to Individuals and collected any required consent in compliance with Sections 3.3.(ii) and (iii) of this Addendum, and has a lawful basis for processing and disclosing the Personal Information with Toast in connection with the Services.

3.7   Upon Toast's request, Partner shall provide appropriate evidence of its compliance with the above Section 3.6 to Toast.

4.    PROCESSOR OBLIGATIONS

This Section is divided into two sections depending on the relationship of the Parties. The first section (4.1 -4.10) applies only to the extent that Toast is a Processor acting on behalf of the Partner as a Controller. The second section (4.11-4.15) applies where both Toast and the Partner are Processors (in most cases with each Party acting on behalf of independent Third Parties).

Partner as a Controller and Toast as a Processor

To the extent Toast Processes Personal Information as a Processor where Partner is a Controller under the Agreement, Toast agrees that:

4.1      Processing: Toast shall only Process the Personal Information on documented instructions of the Partner and in order to provide the Services or where required by applicable law, in which case Toast will inform Partner of the legal requirement unless Toast is prohibited from doing so by law. 

4.2     Audits and Assessments: To the extent required under the Applicable Data Protection Laws, Toast shall make available to Partner all information necessary to demonstrate compliance with the obligations under such Laws.

4.3       CCPA Service Provider: Where Toast acts as a “service provider” for the purposes of the CCPA, and with respect to Personal Information it processes in such capacity, in addition to the obligations set forth in this DPA and to the extent the CCPA applies:  Toast shall not (a) combine Personal Information it receives in in connection with the Services with Personal Information it may receive from other sources (b) “Sell” or “Share” Personal Information as such terms are defined in the CCPA (c) retain, use, or disclose Personal Information for any purpose other than to provide the Services, and as otherwise permitted by applicable law (including but not limited to Applicable Data Protection Laws), (d) retain, use or disclose Personal Information outside of the direct business relationship between the Parties or outside the provision of the Services, and (e) disclose Personal Information to any person without including them on the list of Sub-processors described below. The Parties acknowledge that the transfer of Personal Information is in furtherance of a business purpose, described in the Agreement.

4.4    Sub-processors: Partner grants Toast a general authorization to appoint Sub-processors to Process Personal Information under the Agreement and permits each Sub-processor to appoint Sub-processors in accordance with the terms herein. Toast will have a written agreement with the Sub-processor imposing substantially similar obligations as those set out under this Addendum. Toast is responsible to Partner (or as applicable, a Third Party) for the failure of any Sub-processors to perform their obligations under this Addendum. See Annex 3 of this Addendum for a link to a website detailing Toast’s current Sub-processors. By visiting that site, Partner may also register to be notified of any modifications to the Sub-processor list (a “Notification”).

4.5    GDPR Sub-processors: In the case of a Sub-processor appointed that will Process Personal Information subject to the GDPR, if Partner objects on reasonable grounds to the use of a specific Sub-processor it must inform Toast of such objection in writing (by email to privacy@toasttab.com) within 15 days of receipt of Notification. Toast will use reasonable efforts to make available to Partner a change in the Services or recommend a commercially-reasonable change to the configuration or use of the Services by Partner to avoid Processing of Personal Information by the objected-to new Sub-processor. Toast shall at its option (a) within a commercially reasonable timeframe find a replacement Sub-processor; or (b) provide a termination right pursuant to the Agreement. Before the Sub-processor first processes Personal Information, Toast agrees to carry out adequate due diligence to ensure that the Sub-processor is capable of providing the level of protection for Personal Information required by the Agreement. Toast will provide for Partner to review the form of agreement for such written contract, as Partner may request up to once per year.

4.6    Retention and deletion: Upon termination of the Agreement, Toast shall return or delete any Personal Information on Partner’s request, except where it is required to retain the Personal Information to comply with applicable laws, or, where permitted, such retention is in line with Toast’s current data retention schedule.

4.7    Reasonable support. Toast shall provide reasonable assistance and cooperation to Partner in relation to any individual rights requests made pursuant to the Applicable Data Protection Laws. In the event Toast receives a notification or request pursuant to this Section, Toast shall notify Partner and shall not respond to the individual making the request unless required to do so under applicable law (including the Applicable Data Protection Laws). Additionally, upon Partner’s request, Toast shall provide Partner with reasonable assistance and cooperation needed to fulfill Partner’s obligation to carry out a data protection impact assessment related to Partner’s use of the Services, to the extent that Partner does not otherwise have access to the relevant information and to the extent that such information is available to Toast. 

4.8      Government Access Requests: If Toast becomes aware that any government authority (including law enforcement) wishes to obtain access to or a copy of some or all of the Personal Information of Partner, whether on a voluntary or a mandatory basis, then unless legally prohibited under applicable law, Toast shall: (1) immediately notify Partner (2) inform the requestor that Toast is a Processor and is not authorized to disclosure the Personal Information (3) inform the requestor that the request must be sent to the Partner (4) not provide access to the Personal Information unless required by applicable law or authorized by the Partner in writing. If applicable law prohibits Toast from complying with (1) to (4) above, then Toast shall use any lawful means to challenge (a) disclosure of the Personal Information and (b) the prohibition to notify Partner. 

4.9       Third Party transfers: Partner acknowledges that Toast is not responsible for the Processing of Personal Information by Third Parties where the Personal Information is sent by Toast to the Third Party on the instructions of the Partner.

4.10    Additional GDPR Processor obligations: In addition to the other requirements set out in this Addendum, to the extent Toast Processes Personal Information subject to the GDPR, UK GDPR or laws of Switzerland, Toast shall comply with all requirements under Article 28 of the GDPR in relation to Toast’s role as a Processor (or the relevant equivalent requirements as applicable). This includes the contractual obligations set out in Article 28(3) as set out in this Addendum. 

Toast and Partner as Processors

To the extent both Toast and Partner Process Personal Information as independent Processors on behalf of a Third Party under the Agreement, the Parties agree that the following terms shall apply to the relationship.

4.11     Compliance with law: Each Party shall comply with all Applicable Data Protection Laws and not by any act or omission put the other Party in breach of those Laws. 

4.12   Partner Authority: Where Partner acting as Processor requests that Toast Process Personal Information from a Third Party (e.g., a Merchant), Partner represents and warrants that it has the requisite authority from the Third Party Controller for such instruction.

4.13     Merchant Processing: To the extent that Partner is acting as a Processor on behalf of a Merchant Controller and the Merchant directs Toast to transfer Personal Information to Partner, Partner agrees that it shall:

(i)        adhere to any and all obligations of a Processor under the Applicable Data Protection Laws; 

(ii)         only process the Personal Information in line with the instructions of the Merchant and to provide the requisite services; 

(iii)     be responsible for evaluating Toast’s information collection practices and disclosures and ensuring that any downstream use by the Partner (whether on behalf of a Third Party or on behalf of the Controller) is compliant and permitted under the Applicable Data Protection Laws; and 

(iv)       ensure that at the end of the agreement with the Merchant that Personal Information is either returned or destroyed at the election of Merchant absent any obligation to retain the information under the applicable law. 

4.14     Sub-processor relationship: In the event that Partner is required to act as a Sub-processor at any time during the Services, the Parties shall negotiate a set of mutually-agreeable written terms to govern such processing activity.

4.15    CCPA Service Providers: For the purposes of the CCPA, as applicable, both Parties shall act as a “service provider”and not (a) combine Personal Information it receives in in connection with the Services with Personal Information it may receive from other sources (b) “Sell” or “Share” Personal Information as such terms are defined in the CCPA (c) retain, use, or disclose Personal Information for any purpose other than to provide the Services, and as otherwise permitted by applicable law (including but not limited to Applicable Data Protection Laws), and (d) retain, use or disclose Personal Information outside of the direct business relationship between the Parties or outside the provision of the services.

Toast’s Processor obligations above shall be read and interpreted in light of any additional rights Toast may have in relation to the Personal Information pursuant to an agreement with a Merchant or Third Party.

5.    SECURITY 

5.1    Security Measures: Taking into account the state of the art, costs of implementation, the nature, scope, context and purpose of the Processing, each Party shall implement and maintain a written information security program embodying all appropriate technical, organizational and administrative security measures required to protect the privacy and security of any Personal Information Processed as part of the Services.  In all cases, the Parties shall implement any and all security measures imposed under the Applicable Data Protection Laws. 

5.2    Confidentiality: Anyone authorized to process Personal Information on behalf of the Parties shall either have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

6.    SECURITY INCIDENTS

6.1    Security Incident response program: Each Party shall implement and maintain a written incident response program for the management of Security Incidents. 

6.2       Notification of a Security Incident: If either Party discovers, is notified of or reasonably suspects the occurrence of a Security Incident impacting any Personal Information Processed under the Agreement, that Party will notify the other Party without undue delay. The timing of such notification shall not exceed seventy-two (72) hours after having become aware of a Security Incident or such other time limit imposed under the Applicable Data Protection Laws.  Such notice shall (where known) contain the following: (i) the facts of the Security Incident, including the date of discovery, a date range of unauthorized activity, and any remediation and mitigation activities that have been taken or put in place; (ii) a description of the categories and approximate number of individuals and records affected by the Security Incident;  (iii) the Party’s assessment, developed through reasonable diligence, of the likely consequences of the Security Incident with respect to the affected Personal Information and affected individuals; and (iv) the name and the contact details of the data protection officer or other contact point where more information can be obtained. The Parties will reasonably assist each with any obligation to inform any impact individuals or any regulatory body of the Security Incident.

6.3     Costs and remediation obligations: To the extent any Security Incident is attributable to the actions of a specific Party or its Third Parties, that Party shall be responsible for all costs associated with the Security Incident, including, but limited to, the following: (i) the cost of providing notice to affected individuals; (ii) the cost of providing notice to government agencies, credit bureaus, and/or other entities required to be notified under applicable law; (iii) the cost of providing affected individuals with credit monitoring services (as appropriate or as required by  the Applicable Data Protection Laws); (iv) call center support for such affected individuals; (v) the cost of any other measures required under the Applicable Data Protection Laws; and (vi) other losses, liabilities or expenses for which that Party would be liable. In all cases, as to the Personal Information Processed under this Agreement impacted by a Security Incident, the Parties shall, where appropriate and reasonable, cooperate and work together as part of the remediation efforts.

7.    DATA TRANSFERS

7.1   Transfers generally: Each Party is permitted to transfer Personal Information under the Agreement to locations around the world provided that such transfers comply with Applicable Data Protection Laws.

7.2     EEA, Switzerland and United Kingdom transfers: In the event either Party Processes the Personal Information of individuals residing in the EEA, Switzerland or the United Kingdom as part of the Services, a Party shall only be permitted to transfer such Personal Information outside those jurisdictions if such transfers are compliant with the Applicable Data Protection Laws.  

7.3    Restricted transfers and SCCs: In the event Toast or Partner seeks to transfer Personal Information collected as part of this Agreement to a country not deemed adequate by the European Commission or other governmental bodies that is not covered by an Alternative Transfer Mechanism, the Parties agree that the following shall apply:

1. Where Toast and Partner are Controllers and act as either a data exporter or a data importer, the Parties agree that Module 1 of the SCCs shall apply along with the UK Addendum.

2. Where Toast is acting as a Processor on behalf of a Controller Partner and is the data importer, the Parties agree that Module 2 of the SCCs shall apply along with the UK Addendum.

3. Where Toast and Partner are Processors and Toast or the Partner acts as a data exporter or a data importer, the Parties agree that Module 3 of the SCCs shall apply along with the UK Addendum.

The SCCs and UK Addendum shall be populated with the following provisions (as applicable):

For the purposes of the EEA and Switzerland:

For the purposes of the UK, the Parties agree that the EU Standard Contractual Clauses will apply but will be modified and interpreted in accordance with the UK Addendum and agree as follows:

Any conflict between the terms of the Standard Contractual Clauses and the UK Addendum will be resolved in accordance with Section 10 and Section 11 of the UK Addendum.  

7.4    In the event of any changes to the UK Addendum after signature of this Addendum, the Parties agree to cooperate in good faith and repopulate any replacement UK Addendum.  

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7.5    If the SCCs are implemented, adopted or recognized as a legitimate data transfer mechanism in countries other than the EEA countries, then the Parties shall apply the SCC Modules to the transfer of Personal Information originating from such country(-ies).

7.6    To the extent Section 7.3 of this Addendum is relevant and where Partner acts as an importer, as required, Partner shall include the relevant SCCs annexes (e.g. technical and organizational measures and Sub-processors annexes) in the main body of the Agreement. 

7.7    Alternative Transfer Mechanisms: If a Party is relying on an Alternative Transfer Mechanism as a legal ground for the transfer of Personal Information under the Agreement, that Party shall be responsible for ensuring that the Alternative Transfer Mechanism provides the same level of protection for Personal Information imposed on the Party under this Addendum. 

8.    MISCELLANEOUS

8.1    Assurances: Notwithstanding any requirements or specific rights granted to the Parties under the Applicable Data Protection Laws, each Party shall, with reasonable notice, have the right to obtain assurances from the other Party to verify each Party’s compliance with the terms of this Addendum if it has a reasonable suspicion of a breach or a potential breach under this Addendum.

8.2    Survival:  Each Party’s obligations under this Addendum will survive the termination of the Toast Partner Agreement to the extent either Party continues to Process Personal Information covered by the Agreement.

8.3    Severability: If any court or competent authority decides that any term of this Addendum is held to be invalid, unlawful, or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

8.4   Waiver: Either Party’s failure to enforce any provision of this Addendum shall not constitute a waiver of that or any other provision and will not relieve the other Party from the obligation to comply with such provision.

ANNEX 1

A.     LIST OF PARTIES 

1. Partner / Data Exporter or Data Importer, as applicable 

2. Toast / Data Importer or Data Exporter, as applicable

B.     DESCRIPTION OF TRANSFER & PROCESSING 

ANNEX 2

Toast Security Measures 

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

EXPLANATORY NOTE:

The technical and organisational measures must be described in specific (and not generic) terms. See also the general comment on the first page of the Appendix, in particular on the need to clearly indicate which measures apply to each transfer/set of transfers.

Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.

1. Measures of pseudonymisation and encryption of personal data

Toast maintains policy-based as well as technical controls to ensure that certain information at rest as well in transit is encrypted and adequately secured. Toast also maintains a data masking policy and utilizes both hashing and tokenization for certain information under its control. As a PCI-DSS-compliant Level 1 Service Provider, Toast maintains a number of encryption and data masking controls associated with payment card information and the cardholder data environment. 

2. Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services

Toast maintains a comprehensive information security program, consisting of numerous policies, standards and controls that prescribes a number of administrative, technical and organizational safeguards to ensure the confidentiality, integrity and availability of information entrusted to Toast. These measures include, but are not, limited to various policies and controls relating to access and user management, network security, encryption, network devices and incident response. Toast also maintains a number of data handling policies within the Privacy function. 

3. Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident

Toast maintains a business continuity plan (BCP) and various disaster recovery protocols that include details regarding key personnel, assets and recovery processes to be followed upon the occurrence of a triggering event. This includes the incorporation of emergency evacuation and incident response protocols. These controls ensure that Toast maintains the availability of information as well as measures to backup and/or recover data from critical systems or databases. Toast business continuity and disaster recovery measures also incorporate remote access protocols and the ability of individuals to securely access information systems. 

4. Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing

As a PCI-DSS-compliant Level 1 Service Provider, Toast’s cardholder data environment (including both infrastructure and software) is scanned on a quarterly basis as prescribed by PCI-DSS using an approved third-party scanning vendor. A report of the scanning results is reviewed based on pre-defined thresholds and actioned based on the severity of the risk.

5. Measures for user identification and authorization

Toast maintains various policies and controls in relation to user authentication and access as part of our information security program. Toast follows the principle of “least privilege” and users are only granted access to systems, applications and services on a need-to-know basis. Toast users maintain unique user credentials for access to systems, and all systems containing data classified as confidential or higher require SSO login, which also requires multi-factor authentication.

6. Measures for the protection of data during transmission

Toast maintains measures for the encryption of information in transit based on the sensitivity of the information and utilizes industry standard encryption tools. Toast standards prescribe that information in transit utilize TLS 1.2 or higher. Payment card information is encrypted upon swipe/tap/dip via a private or public key and our product is configured to automatically wipe data upon payment authorization. 

7. Measures for the protection of data during storage

Toast maintains measures for the encryption of information at rest based on the sensitivity of the information and utilizes industry-standard encryption tools.  Acceptable standards for information at rest include the use of OSX or Windows 10 for full-disk encryption and AES 128-bit encryption or higher. Certain information processed by Toast or its third-party service providers is subject to encryption as well as other heightened security standards that may include restricted access and hashing/tokenization. 

8. Measures for ensuring physical security of locations at which personal data are processed

Toast maintains physical access controls that secure Toast’s offices and facilities as well as access to underlying information (including personal data). These measures include, but are not limited to, the use of security guards, an access management system incorporating electronic badges as well as CCTV. Toast also maintains a visitor policy and access approval process. 

9. Measures for ensuring events logging

Toast utilizes various monitoring, auditing and logging software and technologies within our systems to detect and alert our employees of security-related or other relevant events. These systems are regularly monitored and analyzed by authorized users as well as members of the Information Security team, including our Security Operations Center.  

10. Measures for ensuring system configuration, including default configuration

Defined configuration standards exist for Toast hardware as well as for various company-issued IT equipment. These configuration standards are periodically reviewed and implemented to meet our evolving business and security needs. Toast also maintains various network device and other network configuration standards.

11. Measures for internal IT and IT security governance and management

Toast maintains a formal information security program that is overseen by the Senior Director of Information Security as well as an Information Technology function that is overseen by our Chief Information Officer. Both functions utilize a number of policies, standards and processes as part of the effort to operationalize information security within Toast. The effectiveness of these programs is monitored by Toast’s Risk Management function as well as other functions at Toast. 

12. Measures for certification/assurance of processes and products

Toast is a PCI-DSS-compliant Level 1 Service Provider and is assessed by a certified QSA as part of that ongoing compliance process. Toast also maintains a SOC 2, Type I report. 

13. Measures for ensuring data minimisation

As part of Toast’s privacy principles and governance, individuals are only permitted to collect the minimum amount of information necessary for a particular processing purpose. These principles are also reinforced within our product development and change management processes by both the Privacy and Information Security functions within Toast. 

14. Measures for ensuring data quality

Toast maintains a number of administrative and technical controls pertaining to the access of information. Data is handled differently based on the sensitivity of information and only specifically trained individuals can access our cardholder data environment. As part of Toast's security controls, we maintain various data lineage and logging measures for activities within the Toast platform as well as business justifications for access to certain sets of information.

15. Measures for ensuring accountability

As part of Toast’s information security program, individuals are required to adhere and attest to their compliance with specific Toast policies in relation to the management of information and information systems. Our policies also prescribe accountability for system owners that are entrusted with the management and upkeep of information within systems that they oversee. Individuals are also provided with unique user ids for access to systems within our infrastructure.

16. Measures for allowing data portability and ensuring erasure

Toast US, Toast UK and Toast Ireland have developed internal tools to be able to locate, pull and/or delete applicable personal data related to a data subject request. These tools are regularly tested for their efficacy and functionality, including data portability and erasure. 

ANNEX 3  

Approved Sub-processors 

A list of Toast’s current Sub-processors can be found at https://pos.toasttab.com/sub-processor-list. By visiting that site,  Partner may also register to be notified by email of any modifications to the Sub-processor list (a “Notification”).