This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between Brilliant and the customer entity that is a party to the Agreement as a client (“Customer”).
All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“Agreement” means Brilliant’s Terms of Service, or other written or electronic agreement, which govern the provision of the Service to Customer, as such terms or agreement may be updated from time to time.
“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“Customer Data” means any personal data that Brilliant processes on behalf of Customer via the Service, as more particularly described in this DPA.
“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, European Data Protection Laws and Non-European Data Protection Laws.
“European Data Protection Laws” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); (iv) the GDPR as it forms part of UK law by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (together, “UK Data Protection Laws”); and (v) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”).
“Europe” means, for the purposes of this DPA, the European Economic Area and its member states (“EEA”), Switzerland and the United Kingdom (“UK”).
“Non-European Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); the Brazilian General Data Protection Law (“LGPD”), Federal Law no. 13,709/2018; and the Privacy Act 1988 (Cth) of Australia, as amended (“Australian Privacy Law”).
“SCCs” means (i) the standard contractual clauses between controllers and processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021 (the “2021 Controller-to-Processor Clauses”); or (ii) the standard contractual clauses between processors adopted by the European Commission in its Implementing Decision (EU) 2021/91 of 4 June 2021 (the “2021 Processor-to-Processor Clauses”); as applicable in accordance with Section 6.3.
“Security Incident” means any unauthorized or unlawful breach of security that leads to the accidental or unlawful destruction, loss, or alteration of, or unauthorized disclosure of or access to, Customer Data on systems managed or otherwise controlled by Brilliant.
“Sensitive Data” means (a) social security number, tax file number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, credit, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, information about sexual life or sexual orientation, or criminal record; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.
“Subprocessor” means any processor engaged by Brilliant or its Affiliates to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA. Subprocessors may include third parties or Affiliates of Brilliant but shall exclude Brilliant employees, contractors, or consultants.
"UK Addendum" means the International Data Transfer Addendum (version B1.0) issued by Information Commisioners Office under S.119(A) of the UK Data Protection Act 2018, as updated or amended from time to time.
The terms “personal data”, “controller”, “data subject”, “processor” and “processing” shall have the meaning given to them under applicable Data Protection Laws or if not defined thereunder, the GDPR, and “process”, “processes" and “processed”, with respect to any Customer Data, shall be interpreted accordingly.
2.1 Parties’ roles. If European Data Protection Laws or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that with regard to the processing of Customer Data, Brilliant is a processor acting on behalf of Customer (whether itself a controller or a processor). For the avoidance of doubt, this DPA shall not apply to instances where Brilliant is the controller (as defined by European Data Protection Laws) unless otherwise described in Annex C (Jurisdiction-Specific Terms) of this DPA.
2.2 Purpose limitation. Brilliant shall process Customer Data, as further described in Annex A (Details of Data Processing) of this DPA, only in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the Agreement, including this DPA, along with the Customer’s configuration of or use of any settings, features, or options in the Service (as the Customer may be able to modify from time to time) constitute the Customer’s complete and final instructions to Brilliant in relation to the processing of Customer Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the parties.
2.3 Prohibited data. Customer will not provide (or cause to be provided) any Sensitive Data to Brilliant for processing under the Agreement, and Brilliant will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.
2.4 Customer compliance. Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Brilliant; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Brilliant to process Customer Data for the purposes described in the Agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Without prejudice to the generality of the foregoing, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any Campaigns (as defined in the Agreement) or other content created, sent, or managed through the Service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
2.5 Lawfulness of Customer’s instructions. Customer will ensure that Brilliant’s processing of the Customer Data in accordance with Customer’s instructions will not cause Brilliant to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Brilliant shall promptly notify Customer in writing, unless prohibited from doing so under European Data Protection Laws, if it becomes aware or believes that any data processing instruction from Customer violates European Data Protection Laws. Where Customer acts as a processor on behalf of a third-party controller (or other intermediary to the ultimate controller), Customer warrants that its processing instructions as set out in the Agreement and this DPA, including its authorizations to Brilliant for the appointment of Subprocessors in accordance with this DPA, have been authorized by the relevant controller. Customer shall serve as the sole point of contact for Brilliant and Brilliant need not interact directly with (including to provide notifications to or seek authorization from) any third-party controller other than through regular provision of the Service to the extent required under the Agreement. Customer shall be responsible for forwarding any notifications received under this DPA to the relevant controller, where appropriate.
3.1 Authorized Subprocessors. Customer agrees that Brilliant may engage Subprocessors to process Customer Data on Customer’s behalf. A current list of Subprocessors may be requested by emailing email@example.com. Brilliant shall notify Customer if it adds or removes Subprocessors at least 10 days prior to any such changes if Customer opts in to receive such notifications by emailing firstname.lastname@example.org.
3.2 Subprocessor obligations. Brilliant shall: (i) enter into a written agreement with each Subprocessor containing data protection obligations that provide at least the same level of protection for Customer Data as those in this DPA, to the extent applicable to the nature of the service provided by such Subprocessor; and (ii) remain responsible for such Subprocessor’s compliance with the obligations of this DPA and for any acts or omissions of such Subprocessor that cause Brilliant to breach any of its obligations under this DPA. Customer acknowledges and agrees that, where applicable, Brilliant fulfills its obligations under Clause 9 of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) by complying with this Section 3 and that Brilliant may be prevented from disclosing Subprocessor agreements to Customer due to confidentiality restrictions but Brilliant shall, upon request, use reasonable efforts to provide Customer with all relevant information it reasonably can in connection with Subprocessor agreements.
3.3 Direct Ship Vendors.Should Customer choose to purchase On Demand Gifts, utilize one of Brilliant’sinternational fulfillment centers or otherwise ship Gift Orders directly torecipients from a supplier, Customer agrees that any Vendor who manages a GiftOrder placed by Customer shall also act as a sub-processor for the purposes ofthis Agreement and the Processing detailed herein, and Customer consents to theengagement of such a Vendor as a sub-processor.
4.1 Security Measures. Brilliant shall implement and maintain appropriate technical and organizational security measures that are designed to protect Customer Data from Security Incidents and designed to preserve the security and confidentiality of Customer Data in accordance with Brilliant’s security standards described in Annex B (“Security Measures”) of this DPA.
4.2 Confidentiality of processing. Brilliant shall ensure that any person who is authorized by Brilliant to process Customer Data (including its staff, agents, and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
4.3 Updates to Security Measures. Customer is responsible for reviewing the information made available by Brilliant relating to data security and making an independent determination as to whether the Service meets Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and development and that Brilliant may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Service provided to Customer.
4.4 Security Incident response. Upon becoming aware of a Security Incident, Brilliant shall: (i) notify Customer without undue delay, and where feasible, within 48 hours of awareness; (ii) provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and (iii) promptly take reasonable steps to contain and investigate any Security Incident. Brilliant’s notification of or response to a Security Incident under this Section 4.4 shall not be construed as an acknowledgment by Brilliant of any fault or liability with respect to the Security Incident.
4.5 Customer responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Service, including securing its account authentication credentials, protecting the security of Customer Data when in transit to and from the Service, and taking any appropriate steps to securely encrypt or backup any Customer Data uploaded to the Service.
5.1 Audit rights. Brilliant shall make available to Customer all information reasonably necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections by Customer in order to assess compliance with this DPA. Customer acknowledges and agrees that it shall exercise its audit rights under this DPA (including this Section 5.1 and where applicable, the SCCs) and any audit rights granted by Data Protection Laws, by instructing Brilliant to comply with the audit measures described in Sections 5.2 and 5.3 below.
5.2 Security reports. Customer acknowledges that Brilliant is regularly audited by independent third party auditors and internal auditors respectively. Upon written request, Brilliant shall supply (on a confidential basis) a summary copy of its most current audit report(s) (“Report”) to Customer, so that Customer can verify Brilliant’s compliance with the audit standards against which it has been assessed and this DPA.
5.3 Security due diligence. In addition to the Report, Brilliant shall respond to all reasonable requests for information made by Customer to confirm Brilliant’s compliance with this DPA, including responses to information security, due diligence, and audit questionnaires, by making additional information available regarding its information security program upon Customer’s written request to email@example.com, provided that Customer shall not exercise this right more than once per calendar year.
6.1 Data center locations. Subject to Section 6.2, Customer acknowledges that Brilliant may transfer and process Customer Data to and in the United States and anywhere else in the world where Brilliant, its Affiliates or its Subprocessors maintain data processing operations. Brilliant shall at all times ensure that such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.
6.2 Australian data. To the extent that Brilliant is a recipient of Customer Data protected by the Australian Privacy Law, the parties acknowledge and agree that Brilliant may transfer such Customer Data outside of Australia as permitted by the terms agreed upon by the parties and subject to Brilliant complying with this DPA and the Australian Privacy Law.
6.3 EEA Data Transfers. To the extent that Brilliant is a recipient of Customer Data protected by GDPR in a country outside of EEA that is not recognized as providing an adequate level of protection for personal data (as described in applicable European Data Protection Laws), the parties agree to abide by and process such Customer Data in compliance with the SCCs, which shall be incorporated into and form an integral part of this DPA.
6.4 UK Data Transfers. With respect to transfers to which the UK Data Protection Laws apply, the SCCs shall apply and shall be deemed amended as specified by the UK Addendum. The UK Addendum shall be deemed executed by the parties and incorporated into and form an integral part of this DPA. In addition: Tables 1 to 3 in Part 1 of the UK Addendum shall be deemed completed with the information set out in Annexes I and II of the relevant SCCs; and Table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting "neither party".
6.5 Swiss Data Transfers. With respect to transfers to which the Swiss DPA apply, the SCCs shall apply in accordance with Section 6.3 with the following modifications: (i) references to "Regulation (EU) 2016/679" shall be interpreted as references to the Swiss DPA; (ii) references to specific Articles of "Regulation (EU) 2016/679" shall be replaced with the equivalent article or section of the Swiss DPA; (iii) references to "EU", "Union" and "Member State law" shall be replaced with "Switzerland"; (iv) Clause 13(a) and Part C of Annex Il shall be deleted; (v) references to the "competent supervisory authority" and "competent courts" shall be replaced with "the Swiss Federal Data Protection and Information Commissioner" and "relevant courts in Switzerland"; (vi) Clause 17 shall be replaced to state "The Clauses are governed by the laws of Switzerland"; and (vii) Clause 18 shall be replaced to state "Any dispute arising from these Clauses shall be resolved by the applicable courts of Switzerland. The parties agree to submit themselves to the jurisdiction of such courts".
6.6 Compliance with the SCCs. The parties agree that if Brilliant cannot ensure compliance with the SCCs, it shall promptly inform Customer of its inability to comply. If Customer intends to suspend the transfer of European Data and/or terminate the affected parts of the Service, it shall first provide notice to Brilliant and provide Brilliant with a reasonable period of time to cure such non-compliance, during which time Brilliant and Customer shall reasonably cooperate to agree what additional safeguards or measures, if any, may be reasonably required. Customer shall only be entitled to suspend the transfer of data and/or terminate the affected parts of the Service for non-compliance with the SCCs if Brilliant has not or cannot cure the non-compliance within a reasonable period.
6.7 Alternative transfer mechanism. To the extent Brilliant adopts an alternative lawful data transfer mechanism for the transfer of European Data not described in this DPA (“Alternative Transfer Mechanism”), the Alternative Transfer Mechanism shall apply instead of the transfer mechanisms described in this DPA (but only to the extent such Alternative Transfer Mechanism complies with applicable European Data Protection Laws and extends to the countries to which European Data is transferred). In addition, if and to the extent that a court of competent jurisdiction or supervisory authority orders (for whatever reason) that the measures described in this DPA cannot be relied on to lawfully transfer European Data (within the meaning of applicable European Data Protection Laws), Brilliant may implement any additional measures or safeguards that may be reasonably required to enable the lawful transfer of European Data.
Deletion or return on termination. Upon termination or expiration of the Agreement, Brilliant shall (at Customer’s election) delete or return to Customer all Customer Data (including copies) in its possession or control, except that this requirement shall not apply to the extent Brilliant is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which Customer Data Brilliant shall securely isolate, protect from any further processing and eventually delete in accordance with Brilliant’s deletion policies, except to the extent required by applicable law. The parties agree that the certification of deletion of Customer Data described in Clause 8.5 and 16(d) of the 2021 Controller-to-Processor Clauses and 2021 Processor-to-Processor Clauses (as applicable) shall be provided by Brilliant to Customer only upon Customer’s written request.
8.1 Data subject requests. As part of the Service, Brilliant provides Customer with a number of self-service features, that Customer may use to retrieve, correct, delete, or restrict the use of Customer Data, which Customer may use to assist it in connection with its (or its third-party controller’s) obligations under the Data Protection Laws with respect to responding to requests from data subjects via Customer’s account at no additional cost. In addition, Brilliant shall, considering the nature of the processing, provide reasonable additional assistance to Customer to the extent possible to enable Customer (or its third-party controller) to comply with its data protection obligations with respect to data subject rights under Data Protection Laws. In the event that any such request is made to Brilliant directly, where the Customer is identified or identifiable from the request, Brilliant shall not respond to such communication directly except as appropriate (for example, to direct the data subject to contact Customer) or legally required, without Customer’s prior authorization. If Brilliant is required to respond to such a request, Brilliant shall, where the Customer is identified or identifiable from the request, promptly notify Customer and provide Customer with a copy of the request unless Brilliant is legally prohibited from doing so. For the avoidance of doubt, nothing in the Agreement (including this DPA) shall restrict or prevent Brilliant from responding to any data subject or data protection authority requests in relation to personal data for which Brilliant is a controller.
8.2 Data protection impact assessment. To the extent required under applicable Data Protection Laws, Brilliant shall (considering the nature of the processing and the information available to Brilliant) provide all reasonably requested information regarding the Service to enable Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Data Protection Laws. Brilliant shall comply with the foregoing by: (i) complying with Section 5 (Security Reports and Audits); (ii) providing the information contained in the Agreement, including this DPA; and (iii) if the foregoing sub-sections (i) and (ii) are insufficient for Customer to comply with such obligations, upon request, providing additional reasonable assistance (at Customer’s expense).
To the extent Brilliant processes Customer Data originating from and protected by Data Protection Laws in one of the jurisdictions listed in Annex C, then the terms specified in Annex C with respect to the applicable jurisdiction(s) (“Jurisdiction-Specific Terms”) apply in addition to the terms of this DPA. In the event of any conflict or ambiguity between the Jurisdiction-Specific Terms and any other terms of this DPA, the applicable Jurisdiction-Specific Terms will take precedence, but only to the extent of the Jurisdiction-Specific Terms’ applicability to Brilliant.
10.1 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA (including the SCCs) shall be subject to the exclusions and limitations of liability set forth in the Agreement.
10.2 Any claims made against Brilliant or its Affiliates under or in connection with this DPA (including, where applicable, the SCCs) shall be brought solely by the Customer entity that is a party to the Agreement.
10.3 In no event shall any party limit its liability with respect to any individual’s data protection rights under this DPA or otherwise.
11.1 This DPA shall remain in effect for as long as Brilliant carries out Customer Data processing operations on behalf of Customer or until termination of the Agreement (and all Customer Data has been returned or deleted in accordance with Section 7.1 above).
11.2 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Service.
11.4 Except for any changes made by this DPA, the Agreement remains unchanged and in full force and effect.
11.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
11.6 This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
The categories of data subjects whose personal data is processed include (i) Users (i.e., individual end users with access to a Brilliant account) and (ii) Recipients (i.e., individuals about whom Users have given us information or who have provided their information via the Services).
Customer may upload, submit, or otherwise provide certain personal data to the Service, the extent of which is typically determined and controlled by Customer in its sole discretion, and may include the following types of personal data:
- Users: Identification and contact data (name, address, contact details, including email address); financial information (account details, payment information); employment details (employer, job title).
- Recipients: Identification and contact data (name, address, title, contact details, including email address); IT information (IP addresses, usage data, cookies data, online navigation data, location data, browser data).
Brilliant does not want to, nor does it intentionally, collect or process any Sensitive Data in connection with the provision of the Service.
Continuous and as determined by Customer.
Brilliant provides a corporate gifting service, automation and management platform and other related services, as more particularly described in the Agreement. The subject matter of the data processing under this DPA is the Customer Data. Customer Data will be processed in accordance with the Agreement (including this DPA) and may be subject to the following processing activities:
- Storage and other processing necessary to provide, maintain and improve the Service provided to Customer pursuant to the Agreement; and/or
- Disclosures in accordance with the Agreement and/or as compelled by applicable law.
Brilliant shall only process Customer Data for the Permitted Purposes, which shall include: (i) processing as necessary to provide the Service in accordance with the Agreement; (ii) processing initiated by Customer in its use of the Service; and (iii) processing to comply with any other reasonable instructions provided by Customer (e.g., via email or support tickets) that are consistent with the terms of the Agreement.
Brilliant will process Customer Data as outlined in Section 7 (Return or Deletion of Data) of this DPA.
The Security Measures applicable to the Service can be provided upon request (and may be updated from time to time in accordance with Section 4.3 of this DPA).
1. Objection to Subprocessors. Customer may object in writing to Brilliant’s appointment of a new Subprocessor within five (5) calendar days of receiving notice in accordance with Section 3.1 of the DPA, provided that such objection is based on reasonable grounds relating to data protection. In such event, the parties shall discuss such concerns in good faith with a view to achieving a commercially reasonable resolution. If no such resolution can be reached, Brilliant will, at its sole discretion, either not appoint such Subprocessor, or permit Customer to suspend or terminate the affected Service in accordance with the termination provisions in the Agreement without liability to either party (but without prejudice to any fees incurred by Customer prior to suspension or termination).
2. Government data access requests. As a matter of general practice, Brilliant does not voluntarily provide government agencies or authorities (including law enforcement) with access to or information about Brilliant accounts (including Customer Data). If Brilliant receives a compulsory request (whether through a subpoena, court order, search warrant, or other valid legal process) from any government agency or authority (including law enforcement) for access to or information about a Brilliant account (including Customer Data) belonging to a Customer whose primary contact information indicates the Customer is located in Europe, Brilliant shall: (i) review the legality of the request; (ii) inform the government agency that Brilliant is a processor of the data; (iii) attempt to redirect the agency to request the data directly from Customer; (iv) notify Customer via email sent to Customer’s primary contact email address of the request to allow Customer to seek a protective order or other appropriate remedy; and (v) provide the minimum amount of information permissible when responding to the agency or authority based on a reasonable interpretation of the request. As part of this effort, Brilliant may provide Customer’s primary and billing contact information to the agency. Brilliant shall not be required to comply with this paragraph 2 if it is legally prohibited from doing so, or it has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual, public safety, or Brilliant’s property, the Brilliant Site, or Service, but where Brilliant is legally prohibited from notifying Customer of requests it shall use its best efforts to obtain a waiver of the prohibition.
1. Except as described otherwise, the definitions of: “controller” includes “Business”; “processor” includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the CCPA.
2. For this “California” section of Annex C only, “Permitted Purposes” shall include processing Customer Data only for the purposes described in this DPA and in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, as otherwise agreed in writing, including, without limitation, in the Agreement, or as otherwise may be permitted for “service providers” under the CCPA.
3. Brilliant’s obligations regarding data subject requests, as described in Section 8 (Data Subject Rights and Cooperation) of this DPA, extend to rights requests under the CCPA.
4. Notwithstanding any use restriction contained elsewhere in this DPA, Brilliant shall process Customer Data to perform the Service, for the Permitted Purposes and/or in accordance with Customer’s documented lawful instructions, or as otherwise permitted or required by applicable law.
5. Notwithstanding any use restriction contained elsewhere in this Annex C, Brilliant may de-identify or aggregate Customer Data as part of performing the Service specified in this DPA and the Agreement.
6. Where Subprocessors process the Personal Information of Customer contacts, Brilliant takes steps to ensure that such Subprocessors are Service Providers under the CCPA with whom Brilliant has entered into a written contract that includes terms substantially similar to this “California” section of Annex C or are otherwise exempt from the CCPA’s definition of “sale”. Brilliant conducts appropriate due diligence on its Subprocessors.
1. Brilliant takes steps to ensure that Brilliant’s Subprocessors, as described in Section 3 (Subprocessing) of the DPA, are third parties under PIPEDA, with whom Brilliant has entered into a written contract that includes terms substantially similar to this DPA. Brilliant conducts appropriate due diligence on its Subprocessors.
2. Brilliant will implement technical and organizational measures as set forth in Section 4 (Security) of the DPA.