Perla Terms of Service & Privacy Policy

Perla Acceptable Use Policy

Last modified:  January 1, 2024

Use of the Services is subject to this acceptable use policy ("AUP").

If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between the customer, reseller or other authorized user ("You") and Perla.

You agree not, and not to allow third parties or Your End Users, to use the Services:

• to generate or facilitate unsolicited bulk commercial emails;
• to violate, or encourage the violation of, the legal rights of others;
• to engage in, promote, or encourage illegal activity, including child sexual exploitation, child abuse, or terrorism or violence that can cause death, serious harm, or injury to individuals or groups of individuals;
• for any unlawful, invasive, infringing, defamatory, or fraudulent purpose including Non-consensual Explicit Imagery (NCEI), violating intellectual property rights of others, phishing, or creating a pyramid scheme;
• to distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;
• to gain unauthorized access to, disrupt, or impair the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;
• to alter, disable, interfere with or circumvent any aspect of the Services, Software, or the equipment used to provide the Services;
• to test or reverse-engineer the Services in order to find limitations or vulnerabilities, or to evade filtering capabilities;
• to grant multiple individuals access to an individual End User Account other than via the delegation features provided within the Services;
• to resell End User Accounts, or parts thereof, as added into a commercial product offered to third parties;
• to record audio or video communications without consent if such consent is required by applicable laws and regulations (You are solely responsible for ensuring compliance with all applicable laws and regulations in the relevant jurisdiction(s));
• to use the Services, or any interfaces provided with the Services, to access any other Perla product or service in a manner that violates the terms of service of such other Perla product or service.

Your failure to comply with the AUP may result in suspension or termination, or both, of the Services pursuant to the Agreement.

Previous Versions: None

Perla Service Level Agreement

Last modified: January 1, 2024

Perla SLA. During the Term of the agreement under which Perla has agreed to provide the Perla's Covered Services to Customer (as applicable, the "Agreement"), the (i) Perla Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month. If Perla does not meet the Perla SLA, and if Customer meets its obligations under this Perla SLA, Customer will be eligible to receive the Service Credits described below. This Perla SLA states Customer's sole and exclusive remedy for any failure by Perla to meet the Perla SLA.

Definitions. The following definitions shall apply to the Perla SLA.

"Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.

"Perla Covered Services" means the Perla SaaS services which provides web-based document, equipment and employee management services and shall not include Perla Academy.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

"Service" means the Perla SaaS Services.

"Service Credit" means the following:

‍Monthly Uptime Percentage. Days of Service added to the end of the Service term (for offline billing customers) or monetary credit equal to the value of days (for online billing customers), at no charge to Customer

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Perla within seven days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Perla to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the Service (or the value of 15 days of service in the form of a monetary credit to a monthly-billing customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on Perla’s monthly billing plan.

Perla SLA Exclusions. The Perla SLA does not apply to any services that expressly exclude this Perla SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Perla).

Previous Versions: None

Services Summary

Unless otherwise stated, the Perla services below are covered by the Perla Terms of Service. Certain services or editions below may be subject to Service Specific Terms that can be found at https://www.goperla.com/terms-of-service

Perla Services:

Core Services

“Perla SaaS” is an online feature that allows an organization to manage certain administrative aspects of their business, including due dates and reminder emails for documents, equipment, and employees.

Other Services

None currently available.

Perla SaaS Editions:

Perla Basic

"Perla Basic" is an edition of Perla SaaS comprised of all of the Perla Services except customer may only establish one location of business. Customers will receive 1GB of storage in total for storing their documents for each location purchased.

Perla Essential

"Perla Essential" is an edition of Perla comprised of all of the Perla Services including ability of Customer to add more then one location or departments of business.

Additional Products:

Additional Products are not covered under the Perla Terms of Use.

None is currently provided.

Rules for proper usage of Perla Brand Features

When you use any of our Brand Features, you must always follow our “Rules for Proper Usage” below.

If Perla provides written requirements (size, typeface, colors, etc.) to you at the time of our approval, you must implement them before using our Brand Features. If we provide these requirements to you after we initially gave our permission, you must implement them within a commercially reasonable timeframe.

Perla trademark “Do’s”:

• Distinguish the trademark from the surrounding text in some way. Capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name.
• Spell and capitalize the trademark Perla or PERLA exactly as they are shown.
• Use the trademark only as an adjective, never as a noun or verb, and never in the plural or possessive form.
• Use the generic term for the product following the trademark, for example: Perla SaaS, Perla Academy.
• Use only Perla-approved artwork when using Perla’s logos. Ask us to provide our approved artwork.
• Maintain a minimum spacing of 25 pixels between each side of the logo and other graphic or textual elements on your web page.

Perla Brand Features “Don’ts”:

• Don’t remove, distort or alter any element of a Perla Brand Feature. That includes modifying a Perla trademark, for example, through
• hyphenation, combination or abbreviation, such as: Perlaliscious. Do not shorten, abbreviate, or create acronyms out of Perla trademarks.
• Don’t display a Perla Brand Feature as the most prominent element on your web page.
• Don’t display a Perla Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Perla, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Perla or Perla personnel (this includes listing Perla or the Perla Logo to indicate partnership, affiliation, or sponsorship).
• Don’t display a Perla Brand Feature on any website that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable law.
• Don’t display a Perla Brand Feature in a manner that is in Perla’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Perla (this is in no way meant to discourage criticism, opinion, or commentary).
• Don’t display a Perla Brand Feature on a site that violates any law or regulation.
• Don’t frame or mirror any Perla page (including the page that appears in response to a click on the Perla logo).
• Don’t incorporate Perla Brand Features into your own product name, service names, trademarks, logos, or company names.
• Don’t copy or imitate Perla’s trade dress, including the look and feel of Perla web design properties or Perla brand packaging, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with Perla.
• Don’t adopt marks, logos, slogans, or designs that are confusingly similar to our Brand Features.
• Don’t use or register Perla trademarks as or incorporated in social media account names, profiles, or monikers.
• Don’t register Perla trademarks as second or third level domain names.
• Don’t use Perla trademarks in a way that suggests a common, descriptive, or generic meaning.
• Don’t use the registration symbol (®) in connection with marks in countries where our marks have not been registered. Trademark rights vary from country to country.

Cloud Data Processing Addendum (Customers)

This Cloud Data Processing Addendum including its appendices (“Addendum”) is incorporated into the Agreement(s) under which Perla has agreed to provide Perla SaaS, or Perla Academy (each as identified below), as applicable (the “Services”), to Customer.

Table of Contents

1. Commencement

2. Definitions

3. Duration

4. Scope of Data Protection Law

5. Processing of Data

6. Data Deletion

7. Data Security

8. Access etc.; Data Subject Rights; Data Export

9. Data Transfers

10. Subprocessors

11 Cloud Data Protection Team; Processing Records 1

12.Interpretation

Appendix 1: Subject Matter and Details of the Data Processing

Appendix 2: Security Measures

1. Commencement

          This Addendum will be effective and replace any terms previously applicable to the processing of Customer from the Addendum Effective Date (as defined below).

2. Definitions

2.1.  Capitalized terms used but not defined in this Addendum shall have the meaning given to them in the Agreement:

• Account has the meaning given in the applicable Agreement or, if no such meaning is given, meaning Customer’s Perla SaaS, or Perla Academy account, as applicable.

• Addendum Effective Date means the date on which Customer accepted, or the parties otherwise agreed to, this Addendum.

• Additional Security Controls means security resources, features, functionality and/or controls that Customer may use at its option and/or as it determines, including the Admin Console, logging, and access management and firewalls.

• Adequate Country means:
  (a) for data processed subject to the EU GDPR; the EEA, or a country or territory recognized as ensuring adequate protection under the EU GDPR;
  (b) for data processed subject to UK GDPR; the UK, or a country or territory recognized as ensuring adequate protection under the UK GDPR and the Data Protection Act 2018; and/or
  (c) for data processed subject to the Swiss FDPA: Switzerland, or a country or territory that is: (i) included in the list of the states whose legislation ensures adequate protection as published by the Swish Federal Data Protection and Information Commissioner, or (ii) recognized as ensuring adequate protection by the Swiss Federal Council under the Swiss FDPA;

in each case, other than on the basis of an optional data protection framework.

• Alternative Transfer Solution means a solution that enables the lawful transfer of personal data to a third country in accordance with European Data Protection Law, for example a data protection framework recognized as ensuring that participating entities provide adequate protection.

• Customer Data has the meaning given in the applicable Agreement or, if no such meaning is given, means:

(a) data submitted, stored, sent or received by or on behalf of Customer or its End Users via Perla SaaS under the Account.

• Customer Personal Data means the personal data contained within the Customer Data, including any special categories of personal data defined under European Data Protection Law.

• Data Incident means a breach of Perla’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Perla.

• EEA means the European Economic Area.

• EMEA means Europe, the Middle East and Africa.

• EU GDPR means 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.

• European Data Protection Law means, as applicable: (a) the GDPR; and/or (b) the Swiss FDPA.

• European Law means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).

• GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

• Perla SaaS means the Perla SaaS described at https://terms.goperla.com under Service Level Agreement (SLA) document, as applicable.

• Instructions has the meaning given in Section 5.2.1 (Compliance with Customer’s Instructions).

• Non-European Data Protection Law means data protection or privacy laws in force outside the EEA, the UK and Switzerland.

• Notification Email Address means the email address(es) designated by Customer in the Admin Console or Order Form to receive certain notifications from Perla. Customer is responsible for using the Admin Console to ensure that its Notification Email Address remains current and valid.

• Security Measures has the meaning given in Section 7.1.1 (Perla’s Security Measures).

• Subprocessor means a third party authorized as another processor under this Addendum to have logical access to and process Customer Data in order to provide parts of the Services.

• Supervisory Authority means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR and/or the Swiss FDPA.

• Swiss FDPA means the Federal Data Protection Act of 19 June 1992 (Switzerland).

• Term means the period from the Addendum Effective Date until the end of Perla’s provision of the Services, including, if applicable, any period during which provision of the Services may be suspended and any post-termination period during which Perla may continue providing the Services for transitional purposes.

• UK GDPR means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act.

2.2. The terms “personal data”, “data subject”, “processing”, “controller” and “processor” as used in this Addendum have the meanings given in the GDPR irrespective of whether European Data Protection Law or Non-European Data Protection Law applies.

3. Duration

Regardless of whether the applicable Agreement has terminated or expired, this Addendum will remain in effect until, and automatically expire when, Perla deletes all Customer Data as described in this Addendum.

4. Scope of Data Protection Law‍

4.1. Application of European Law. The parties acknowledge that European Data Protection Law will apply to the processing of Customer Personal Data if, for example:
(a) the processing is carried out in the context of the activities of an establishment of Customer in the territory of the EEA or the UK; and/or

(b) the Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services in the EEA or the UK, or the monitoring of their behavior in the EEA or the UK.
4.2. Application of Non-European Law. The parties acknowledge that Non-European Data Protection Law may also apply to the processing of Customer Personal Data.

4.3. Application of Addendum. Except to the extent this Addendum states otherwise, this Addendum will apply irrespective of whether European Data Protection Law or Non-European Data Protection Law applies to the processing of Customer Personal Data.

5. Processing of Data

5.1. Roles and Regulatory Compliance; Authorization.

5.1.1. Processor and controller Responsibilities. If European Data Protection Law applies to the processing of Customer Personal Data:

(a) the subject matter and details of the processing are described in Appendix 1;

(b) Perla is a processor of that Customer Personal Data under European Data Protection Law;

(c) Customer is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Law; and

(d) each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of that Customer Personal Data.

5.1.2. Processor Customers. If European Data Protection Law applies to the processing of Customer Personal Data and Customer is a processor:

(a) Customer warrants on an ongoing basis that the relevant controller has authorized: (i) the Instructions, (ii) Customer’s appointment of Perla as another processor, and (iii) Perla’s engagement of Subprocessors as described in Section 10 (Subprocessors);

(b) Customer will immediately forward to the relevant controller any notice provided by Perla under Sections 5.2.2 (Instruction Notifications), 7.2.1 (Incident Notification), 8.2.1 (Responsibility for Requests), 10.4 (Opportunity to Object to Subprocessor Changes); and

(c) Customer may: make available to the relevant controller any other information made available by Perla under Sections 9.4 (Supplementary Measures and Information), 9.6 (Data Center Information) and 10.2 (Information about Subprocessors).

5.1.3. Responsibilities under Non-European Law. If Non-European Data Protection Law applies to either party’s processing of Customer Personal Data, the relevant party will comply with any obligations applicable to it under that law with respect to the processing of that Customer Personal Data.

5.2. Scope of Processing.

5.2.1. Compliance with Customer’s Instructions. Customer instructs Perla to process Customer Data in accordance with the applicable Agreement (including this Addendum) and applicable law only: (a) to provide, secure, and monitor the Services; and (b) as further specified via (i) Customer’s use of the Services (including the Admin Console and other Services functionality), and (ii) any other written instructions given by Customer and acknowledged by Perla as constituting instructions under this Addendum (collectively, the “Instructions”). Perla will comply with the Instructions unless prohibited by European Law.

5.2.2 Instruction Notifications. Without prejudice to Perla’s obligations under Section 5.2.1 (Compliance with Customer’s Instructions) or any other rights or obligations of either party under the applicable Agreement, Perla will immediately notify Customer if, in Perla’s opinion: (a) European Law prohibits Perla from complying with an Instruction; (b) an Instruction does not comply with European Data Protection Law; or (c) Perla is otherwise unable to comply with an Instruction, in each case unless such notice is prohibited by European Law.

5.3. Additional Products. If Perla at its option makes Additional Products available to Customer for use with Services in accordance with applicable Additional Product Terms:

(a) Customer may enable or disable Additional Products (if any) via the Admin Console and will not need to use Additional Products in order to use the Services; and

(b) if Customer opts to install any Additional Products or to use them with the Services, the Additional Products may access Customer Data as required to interoperate with the Services (as applicable).

(c) For clarity, this Addendum does not apply to the processing of personal data in connection with the provision of any Additional Products installed or used by Customer, including personal data transmitted to or from such Additional Products.

6. Data Deletion

6.1. Deletion by Customer. Perla will enable Customer to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If Customer uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by Customer, this use will constitute an Instruction to Perla to delete the relevant Customer Data from Perla’s systems in accordance with applicable law. Perla will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.

6.2. Return or Deletion When Term Ends. If Customer wishes to retain any Customer Data after the end of the Term, it may instruct Perla in accordance with Section 8.1 (Access; Rectification; Restricted Processing; Portability) to return that data during the Term. Subject to Section 6.3 (Deferred Deletion Instruction), Customer instructs Perla to delete all remaining Customer Data (including existing copies) from Perla’s systems at the end of the Term in accordance with applicable law. Perla will comply with this Instruction as soon as reasonably practicable and within a maximum period of 180 days, unless European Law requires storage.

6.3. Deferred Deletion Instruction. To the extent any Customer Data covered by the deletion instruction described in Section 6.2 (Return or Deletion When Term Ends) is also processed, when the applicable Term under Section 6.2 expires, in relation to an Agreement with a continuing Term, such deletion instruction will take effect with respect to such Customer Data only when the continuing Term expires. For clarity, this Addendum will continue to apply to such Customer Data until its deletion by Perla.

7. Data Security

7.1. Perla’s Security Measures, Controls and Assistance.

7.1.1. Perla’s Security Measures. Perla will implement and maintain technical,  organizational and physical measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Appendix 2 (the “Security Measures”). The Security Measures include measures to encrypt Customer Data; to help ensure ongoing confidentiality, integrity, availability and resilience of Perla’s systems and services; to help restore timely access to Customer Data following an incident; and for regular testing of effectiveness. Perla may update the Security Measures from time to time provided that such updates do not result in a material reduction of the security of the Services.

7.1.2. Access and Compliance. Perla will: (a) authorize its employees, contractors and Subprocessors to access Customer Data only as strictly necessary to comply with Instructions; (b) take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance; and (c) ensure that all persons authorized to process Customer Data are under an obligation of confidentiality.

7.1.3. Additional Security Controls. Perla will make Additional Security Controls available to: (a) allow Customer to take steps to secure Customer Data; and (b) provide Customer with information about securing, accessing and using Customer Data.

7.2. Data Incidents.

7.2.1. Incident Notification. Perla will notify Customer promptly and without undue delay after becoming aware of a Data Incident, and promptly take reasonable steps to minimize harm and secure Customer Data.

7.2.2. Details of Data Incident. Perla’s notification of a Data Incident will describe: the nature of the Data Incident including the Customer resources impacted; the measures Perla has taken, or plans to take, to address the Data Incident and mitigate its potential risk; the measures, if any, Perla recommends that Customer take to address the Data Incident; and details of a contact point where more information can be obtained. If it is not possible to provide all such information at the same time, Perla’s initial notification will contain the information then available and further information will be provided without undue delay as it becomes available.

7.2.3. Delivery of Notification. Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address.

7.2.4. No Assessment of Customer Data by Perla. Perla has no obligation to assess Customer Data in order to identify information subject to any specific legal requirements.

7.2.5. No Acknowledgement of Fault by Perla. Perla’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Perla of any fault or liability with respect to the Data Incident.

7.3. Customer’s Security Responsibilities and Assessment.

7.3.1. Customer’s Security Responsibilities. Without prejudice to Perla’s obligations under Sections 7.1 (Perla’s Security Measures, Controls and Assistance) and 7.2 (Data Incidents), and elsewhere in the applicable Agreement, Customer is responsible for its use of the Services and its storage of any copies of Customer Data outside Perla’s or Perla’s Subprocessors’ systems, including:

(a) using the Services and Additional Security Controls to ensure a level of security appropriate to the risk to the Customer Data;

(b) securing the account authentication credentials, systems and devices Customer uses to access the Services; and

(c) backing up or retaining copies of its Customer Data as appropriate.

7.3.2. Customer’s Security Assessment. Customer agrees that the Services, Security Measures implemented and maintained by Perla, Additional Security Controls and Perla’s commitments under this Section 7 (Data Security) provide a level of security appropriate to the risk to Customer Data (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals).

8. Access etc.; Data Subject Rights; Data Export

8.1. Access; Rectification; Restricted Processing; Portability. During the Term, Perla will enable Customer, in a manner consistent with the functionality of the Services, to access, rectify and restrict processing of Customer Data, including via the deletion functionality provided by Perla as described in Section 6.1 (Deletion by Customer), and to export Customer Data. If Customer becomes aware that any Customer Personal Data is inaccurate or outdated, Customer will be responsible for using such functionality to rectify or delete that data if required by applicable European Data Protection Law.

8.2. Data Subject Requests.

8.2.1. Responsibility for Requests. During the Term, if Perla’s Data Protection Team receives a request from a data subject that relates to Customer Personal Data and identifies Customer, Perla will: (a) advise the data subject to submit their request to Customer; (b) promptly notify Customer; and (c) not otherwise respond to that data subject’s request without authorization from Customer. Customer will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.

9. Data Transfers

9.1. Data Storage and Processing Facilities. Subject to this Section 9 (Data Transfers), Customer Data may be processed in any country in which Perla or its Subprocessors maintain facilities.

9.2. Termination. If Customer concludes, based on its current or intended use of the Services, that any Alternative Transfer Solution, as applicable, does not provide appropriate safeguards for Customer Personal Data, then Customer may immediately terminate the applicable Agreement for convenience by notifying Perla.

9.3. Data Center Information. Perla uses AWS Data Centers, the information for which can be found:

(a) AWS Data Center locations for Perla servers and storage are in Virginia, US

10. Subprocessors

10.1. Consent to Subprocessor Engagement. Customer specifically authorizes the engagement as Subprocessors of those entities disclosed under Section 10.2 (Information about Subprocessors) as of the Addendum Effective Date. In addition, without prejudice to Section 10.4 (Opportunity to Object to Subprocessor Changes), Customer generally authorizes the engagement of other third parties as Subprocessors (“New Subprocessors”).

10.2. Information about Subprocessors. Names, locations and activities of Subprocessors are described at:

(a) Perla currently does not engage Subprocessors.

10.3. Requirements for Subprocessor Engagement. When engaging any Subprocessor, Perla will:

(a) ensure via a written contract that:

1. the Subprocessor only accesses and uses Customer Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the applicable Agreement (including this Addendum); and
2. if the processing of Customer Personal Data is subject to European Data Protection Law, the data protection obligations described in this Addendum (as referred to in Article 28(3) of the GDPR, if applicable), are imposed on the Subprocessor; and

(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.

10.4. Opportunity to Object to Subprocessor Changes.

(a) When any New Subprocessor is engaged during the Term, Perla will, at least 30 days before the New Subprocessor starts processing any Customer Data, notify Customer of the engagement (including the name, location and activities of the New Subprocessor).

(b) Customer may, within 90 days after being notified of the engagement of a New Subprocessor, object by immediately terminating the applicable Agreement for convenience by notifying Perla.

11. Cloud Data Protection Team; Processing Records

11.1. Cloud Data Protection Team. Perla’s Data Protection Team will provide prompt and reasonable assistance with any Customer queries related to processing of Customer Data under the applicable Agreement and can be contacted:

(a) Support@goperla.com

11.2. Perla’s Processing Records. Perla will keep appropriate documentation of its processing activities as required by the GDPR. To the extent the GDPR requires Perla to collect and maintain records of certain information relating to Customer, Customer will use the Admin Console to supply such information and keep it accurate and up-to-date. Perla may make any such information available to the Supervisory Authorities if required by the GDPR.

11.3. Controller Requests. During the Term, if Perla’s Cloud Data Protection Team receives a request or instruction from a third party purporting to be a controller of Customer Personal Data, Perla will advise the third party to contact Customer.

12. Interpretation

12.1. Precedence.

a) To the extent of any conflict or inconsistency between:

1. this Addendum and the remainder of the Agreement, this Addendum will prevail.

b) For clarity, if Customer has entered more than one Agreement, this Addendum will amend each of the Agreements separately.

Appendix 1: Subject Matter and Details of the Data Processing

Subject Matter

Perla’s provision of the Services to Customer.

Duration of the Processing

The Term plus the period from the end of the Term until deletion of all Customer Data by Perla in accordance with this Addendum.

Nature and Purpose of the Processing

Perla will process Customer Personal Data for the purposes of providing the Services to Customer in accordance with this Addendum.

Categories of Data

Data relating to individuals provided to Perla via the Services, by (or at the direction of) Customer or by its End Users.

Data Subjects

Data subjects include the individuals about whom data is provided to Perla via the  Services by (or at the direction of) Customer or by its End Users.

Appendix 2: Security Measures

As from the Addendum Effective Date, Perla will implement and maintain the Security Measures described in this Appendix 2.

1. Data Center and Network Security

(a) Data Centers.

Infrastructure. Perla uses AWS data centers. Perla stores all production data in physically secure AWS data centers.

Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimize the impact of anticipated environmental risks. Dual circuits, switches, networks or other necessary devices help provide this redundancy. The Services are designed to allow Perla to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer’s or internal specifications. Preventative and corrective maintenance of the data center equipment is scheduled through a standard change process according to documented procedures.

Power. The data center electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data center. Backup power is provided by various mechanisms such as uninterruptible power supplies (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data center, at full capacity, for up to 10 minutes until the backup generator systems take over. The backup generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data center at full capacity typically for a period of days.

Server Operating Systems. Perla servers use a Linux based implementation customized for the application environment. Data is stored using proprietary algorithms to augment data security and redundancy. Perla employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.

Businesses Continuity. Perla has designed and regularly plans and tests its business continuity planning/disaster recovery programs.

(b) Networks and Transmission.

Data Transmission. Data centers are typically connected via high-speed private links to provide secure and fast data transfer between data centers. This is designed to prevent data from being read, copied, altered or removed without authorization during electronic transfer or transport or while being recorded onto data storage media. Perla transfers data via Internet standard protocols.

External Attack Surface. Perla employs multiple layers of network devices and intrusion detection to protect its external attack surface. Perla considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.

Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Perla’s intrusion detection involves:

1. tightly controlling the size and make-up of Perla’s attack surface through preventative measures;
2. employing intelligent detection controls at data entry points; and
3. employing technologies that automatically remedy certain dangerous situations.

Incident Response. Perla monitors a variety of communication channels for security incidents, and Perla’s security personnel will react promptly to known incidents.

Encryption Technologies. Perla makes HTTPS encryption (also referred to as SSL or TLS connection) available. Perla servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimize the impact of a compromised key, or a cryptographic breakthrough.

2. Access and Site Controls

(a) Site Controls.

On-site Data Center Security Operation. Perla’s (or AWS) data centers maintain an on-site security operation responsible for all physical data center security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor closed circuit TV (CCTV) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data center regularly.

Data Center Access Procedures. Perla maintains formal access procedures for allowing physical access to the data centers. The data centers are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data center are required to identify themselves as well as show proof of identity to on-site security operations. Only authorized employees, contractors and visitors are allowed entry to the data centers. Only authorized employees and contractors are permitted to request electronic card key access to these facilities. Data center electronic card key access requests must be made through e-mail, and require the approval of the requestor’s manager and the data center director. All other entrants requiring temporary data center access must: (i) obtain approval in advance from the data center managers for the specific data center and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data center access record identifying the individual as approved.

On-site Data Center Security Devices. Perla’s (or AWS’s) data centers employ a dual authentication access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorized activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorized access throughout the business operations and data centers is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centers are alarmed. CCTV cameras are in operation both inside and outside the data centers. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data center building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centers connect the CCTV equipment. Cameras record on site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for up to 30 days based on activity.

(b) Access Control.

Infrastructure Security Personnel. Perla has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Perla’s infrastructure security personnel are responsible for the ongoing monitoring of Perla’s security infrastructure, the review of the Services, and responding to security incidents.

Access Control and Privilege Management. Customer’s administrators and End Users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Services.

Internal Data Access Processes and Policies – Access Policy. Perla’s internal data access processes and policies are designed to prevent unauthorized persons and/or systems from gaining access to systems used to process Customer Data. Perla designs its systems to (i) only allow authorized persons to access data they are authorized to access; and (ii) ensure that Customer Data cannot be read, copied, altered or removed without authorization during processing, use and after recording. The systems are designed to detect any inappropriate access. Perla employs a centralized access management system to control personnel access to production servers, and only provides access to a limited number of authorized personnel. Perla’s authentication and authorization systems utilize SSH certificates and security keys, and are designed to provide Perla with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Perla requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Perla’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength. For access to extremely sensitive information (e.g. credit card data), Perla uses hardware tokens.

3. Data

(a) Data Storage, Isolation and Logging. Perla stores data in a multi-tenant environment on Perla (or AWS)-owned servers. Subject to any Instructions to the contrary (e.g. in the form of a data location selection), Perla replicates Customer Data between multiple geographically dispersed data centers. Perla also logically isolates Customer Data and, for Perla: (i) Perla logically separates each End User’s data from the data of other End Users; and (ii) data for an authenticated End User will not be displayed to another End User (unless the former End User or an Administrator allows the data to be shared). Customer will be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable Customer to determine the product sharing settings applicable to its End Users for specific purposes. Customer may choose to use logging functionality that Perla makes available via the Services.

(b) Decommissioned Disks and Disk Erase Policy. Disks containing data may experience performance issues, errors or hardware failure that lead them to be decommissioned (“Decommissioned Disk”). Every Decommissioned Disk is subject to a series of data destruction processes (the “Disk Erase Policy”) before leaving Perla’s premises either for reuse or destruction. Decommissioned Disks are erased in a multi-step process and verified complete by at least two independent validators. The erase results are logged by the Decommissioned Disk’s serial number for tracking. Finally, the erased Decommissioned Disk is released to inventory for reuse and redeployment. If, due to hardware failure, the Decommissioned Disk cannot be erased, it is securely stored until it can be destroyed. Each facility is audited regularly to monitor compliance with the Disk Erase Policy.

4. Personnel Security

Perla personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Perla conducts reasonably appropriate background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.

Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Perla’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Data are required to complete additional requirements appropriate to their role (e.g. certifications). Perla’s personnel will not process Customer Data without authorization.

5. Subprocessor Security

Before onboarding Subprocessors, Perla conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Perla has assessed the risks presented by the Subprocessor, then subject to the requirements described in Section 10.311.3 (Requirements for Subprocessor Engagement) of this Addendum, the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.

Revised: January 1, 2024

Website Privacy Policy

1. What is this document and why should you read it?

This privacy notice explains how and why Perla, Inc. (also referred to as “Perla”, “we”, “our” and “us”) uses personal data about individual users of our website www.goperla.com (the “Website”) and those that access our services through APIs and through third-parties, including website users, subscribers (whether prospective, current or past) (together, “you”).

You should read this notice so that you know what we are doing with your personal data.

2. Our data protection responsibilities

“Personal data” is any information that relates to an identifiable natural person. Your name, address and contact details are examples of your personal data, if they identify you.

The term “process” means any activity relating to personal data, including collection, storage, use and transmission.

Whether you are a buyer, a professional or just a website user (or a combination of those) Perla is a “controller” of your personal data. This means that we make decisions about how and why we process your personal data and are responsible for making sure it is used in accordance with data protection laws.

3. What types of personal data do we collect and where do we get it from?

If you are reviewing this then you will fall into at least one of the following categories of individuals about whom we process personal data:

(a) prospective, current or past customers of Perla who subscriber with or register an account (“Subscribers”); and/or

(b) individuals that access our Website (“Website Users”)

Accordingly, we will collect and process different types of personal data about you depending on which of these categories are relevant to you. The different types of personal data that we collect and the sources we collect it from are summarized below.

4. Personal Data Categories

Depending on how you use our Website and services, we will collect different types of personal data about you. For example, this might include things like your name, contact details, details about your business, our correspondence with you, records of your transactions with us, and how you use our services. We need these details to provide our services to you. We have set out more specific details on the categories of personal data we collect and process on Subscribers and Website Users in Table 1.

We obtain this personal data from a number of different sources. For example, this could be from you, our Website, your business website as well as third party sources such as social media. More details of the sources from which we obtain personal data about on Subscribers, and Website Users can be found in Table 1.

Table 1

5. How we use personal data and why?

We process your personal data for particular purposes, which are relevant to your relationship and engagement with us. We are required by law to always have a “lawful basis” for processing your personal data.

We use the personal data we collect for a number of different reasons, including to provide our services to you or with you, to communicate with you, to verify your identity, to make sure our website and services are functioning properly and provide the best services for you, to keep accurate records and for legal reasons.

We rely on a number of different lawful grounds or ‘bases’ in order to process your personal data. These include that we have your consent to the processing, we need to process your personal data to enter into or perform a contract with you, we need to process your personal data to comply with our legal obligations, and/or the processing is necessary for our legitimate interests (or the legitimate interests of a third party).

More details on the purposes for which we process personal data on Subscribers, and Website Users, and the lawful bases we rely on, can be found In Table 2.

Table 2

It is important that you are aware that we have indicated that our processing of your personal data is either (i) necessary for us to comply with a legal obligation; or (ii) necessary for us to take steps, at your request, to potentially enter into a contract with you, or to perform it, and you choose not to provide the relevant personal data to us, we may not be able to enter into or continue our contract with you or the provision of our services.

We may also convert your personal data into statistical or aggregated form to better protect your privacy, or so that you are not identified or identifiable from it. Anonymized data cannot be linked back to you. We may use it to conduct research and analysis, including to produce statistical research and reports. For example, to help us understand and improve the use of our Website.

6. Who do we share your personal data with and why?

We may use certain trusted third-party companies and individuals to help us provide, analyze, and improve our services (including but not limited to Subscriber verification, data storage, maintenance services, database management, web analytics, payment processing, and improvement of our services). These third parties will process your personal data on our behalf (as our processor). We will disclose your personal data to these parties so that they can perform those functions necessary functions.

We may also share your information with third parties, who then use your personal data for their own purposes. For example, to process payments from you or where you choose to access our services through such an application. These organizations will also use your personal data for their own, separate purposes (also as a “controller”) – they will have their own privacy notices which you should read, and they have their own responsibilities to comply with applicable data protection laws.

In certain circumstances, where necessary for the purposes set out in Table 3 below, as permissible by law, we will also disclose your personal data to:

(a) business partners and joint ventures;

(b) a prospective seller or buyer of our business and their advisors;

(c) insurers;

(d) courts, court-appointed persons/entities, receivers and liquidators;

(e) third parties where necessary to comply with a legal obligation, to enforce a contract or to protect the rights, property or safety of our employees, customers or others; and,

(f) to governmental departments, local government, statutory and regulatory bodies.

Table 3 – Data Categories

7. Where is your personal data transferred to?

When we share personal data about you, as set out above, this may include a transfer of your personal data to recipients outside the US. If any disclosures of personal data mean that your personal data will be transferred outside the US, we will only make that transfer in accordance with our obligations under applicable data protection laws.

8. How long do we keep your personal data for?

We will only retain your personal data for a limited period of time and for no longer than is necessary for the purposes for which we are processing it for (including as necessary to comply with our legal or regulatory obligations, resolve disputes, and enforce our agreements).

9. What are your rights in relation to your personal data and how can you exercise them?

For California Residents: You Have the Right to Obtain a Copy of Your Personal Information, Access Your Account, or Have Your Personal Information Deleted.

Because many users tend to use our Site and Services on an ongoing basis and/or at different points of their lives, we retain your personal information for continued service and convenience purposes until you advise us not to do so.

However, you have the right to ask Perla for a reasonable description of what personal information we have about you, to access your account, or to have us delete your personal information from our database.

Specifically, you may use the following options to ask Perla to identify for you the personal information it has collected about you and to provide you with a copy of it within a reasonable time after receiving your request. You may also use the following options for accessing your account and for deleting your personal information from our database in keeping with this Privacy Policy.

Perla provides users the following options for accessing your personal information previously collected and used by Perla, accessing your account, or for processing a request to delete your personal information from our database:

• Send us an e-mail at privacy@goperla.com and our Perla Customer Service Specialists will be happy to assist you;
• For any services where you have an account, you may access your account on our site and change your debit card or credit card (if applicable), e-mail address, password and other information from the account settings or preferences page; or
• You can send mail to the postal address listed in the next Section, providing us with your account information and letting us know which personal information you (1) wish to have us identify for you and/or provide you with a copy of, or (2) have deleted from our database.

If we receive a request from you for a description of your personal information or to provide you with a copy of it or delete it, we will (1) verify your request; (2) take reasonably timely steps to provide you with a description or copy of the requested information (if you have requested such a copy), to otherwise provide you with access to your account and personal information (if that is your request), or to delete your personal information from our database (if that is your request); and (3) inform any direct service providers with whom we do business to also delete the requested information.

In the event that you elect to exercise your rights under this Privacy Policy or applicable privacy laws, you will in no way be discriminated against for doing so by Perla; specifically, you will still be entitled to equal services and pricing terms from Perla as our other users.

10. General

We may update this notice from time to time to reflect changes to the type of personal data that we process and/or the way in which it is processed. We also encourage you to check this notice on a regular basis.

If you want more information about any of the subjects covered in this privacy notice or if you would like to discuss any issues or concerns with us, you can contact us at privacy@goperla.com.