Data processing agreement

About this document. Clauses 2–15 are taken verbatim from the standard contractual clauses adopted by the Danish data protection authority under Article 28(8) GDPR (version 1.2), which the Norwegian authority, Datatilsynet, also refers to. We have only made the choices the template leaves open: general authorisation of sub-processors with 30 days’ notice (7.2–7.3), Datatilsynet as supervisory authority (9.2), 48 hours as the notification period for breaches (10.2) and erasure on termination (11.1). The optional Clause 7.6 and the optional clause on statutory storage in Clause 11 are not included. Appendices A–D are written by us, as the template expects. The Norwegian version prevails.

Standard Contractual Clauses for the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)

between

the business that has accepted the terms of service for Arkiflyt (the data controller)

and

Arkiflyt AS, organisation number 838 585 302, Liomveien 19A, 1362 Hosle (the data processor)

each a ‘party’; together ‘the parties’

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.

2. Preamble

2.1. These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.

2.2. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 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 (General Data Protection Regulation).

2.3. In the context of the provision of Arkiflyt, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.

2.4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties.

2.5. Four appendices are attached to the Clauses and form an integral part of the Clauses.

2.6. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.

2.7. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.

2.8. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.

2.9. Appendix D contains provisions for other activities which are not covered by the Clauses.

2.10. The Clauses along with appendices shall be retained in writing, including electronically, by both parties.

2.11. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.

3. The rights and obligations of the data controller

3.1. The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.

3.2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.

3.3. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.

4. The data processor acts according to instructions

4.1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.

4.2. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.

5. Confidentiality

5.1. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.

5.2. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.

6. Security of processing

6.1. Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:

• a. Pseudonymisation and encryption of personal data;
• b. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• c. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
• d. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

6.2. According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.

6.3. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.

If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix C.

7. Use of sub-processors

7.1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).

7.2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorisation of the data controller.

7.3. The data processor has the data controller’s general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B.

7.4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.

The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.

7.5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.

7.6. (Not used, cf. Appendix D.7.)

7.7. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

8. Transfer of data to third countries or international organisations

8.1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.

8.2. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.

8.3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:

• a. transfer personal data to a data controller or a data processor in a third country or in an international organization
• b. transfer the processing of personal data to a sub-processor in a third country
• c. have the personal data processed in by the data processor in a third country

8.4. The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.

8.5. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.

9. Assistance to the data controller

9.1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.

This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:

• a. the right to be informed when collecting personal data from the data subject
• b. the right to be informed when personal data have not been obtained from the data subject
• c. the right of access by the data subject
• d. the right to rectification
• e. the right to erasure (‘the right to be forgotten’)
• f. the right to restriction of processing
• g. notification obligation regarding rectification or erasure of personal data or restriction of processing
• h. the right to data portability
• i. the right to object
• j. the right not to be subject to a decision based solely on automated processing, including profiling

9.2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

• a. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, the Norwegian Data Protection Authority (Datatilsynet), unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
• b. the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
• c. the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
• d. the data controller’s obligation to consult the competent supervisory authority, the Norwegian Data Protection Authority (Datatilsynet), prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.

9.3. The parties shall define in Appendix C the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.

10. Notification of personal data breach

10.1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.

10.2. The data processor’s notification to the data controller shall, if possible, take place within 48 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.

10.3. In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:

• a. The nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
• b. the likely consequences of the personal data breach;
• c. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

10.4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.

11. Erasure and return of data

11.1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data.

12. Audit and inspection

12.1. The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.

12.2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.

12.3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.

13. The parties’ agreement on other terms

13.1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.

14. Commencement and termination

14.1. The Clauses shall become effective on the date of both parties’ signature.

14.2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.

14.3. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.

14.4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.

The Clauses are entered into without signature, cf. Appendix D.1.

15. Data controller and data processor contacts/contact points

15.1. The parties may contact each other using the following contacts/contact points:

15.2. The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.

The contact points are stated in Appendix D.5.

Appendix A Information about the processing

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:

To provide Arkiflyt to the data controller as the service is described in the terms of service: project and document management, building applications and notices to neighbours and other parties, quality assurance, offers and CVs, meetings, tasks, planning, internal communication, visualisations (images and short films of the project), and AI-assisted analysis and drafting based on the data controller’s own content.

A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):

Storage, structuring, display and search; extraction of text from uploaded files; automated analysis and generation of drafts, images and video by means of AI models; sending notifications and e-mail; backup; disclosure and erasure.

A.3. The processing includes the following types of personal data about data subjects:

• Users: name, e-mail address, profile picture, language, role in the organisation and in projects, employment percentage, project allocation, notification settings, and – where the user enters them – date of birth and date of hire.
• CVs: title, years of experience, biography, specialisations, education, certifications, project experience and roles, and role, estimated hours and hourly rate in offers.
• Content created by users: tasks, comments, meeting minutes and decisions, weekly updates, posts, reactions and images in the internal feed, conversations with the assistant, and the log of who did what in a project.
• Neighbours and other parties to notices: name, address, property identifier (gnr./bnr.), e-mail address, category, whether notice has been sent and acknowledged, and the statements they submit – full text, scanned letters and quotations from them.
• External collaborators: name, e-mail address and company of consultants who upload documents; names of external meeting attendees; contact persons appearing in documents and tender notices.
• People found on the data controller’s own website when the organisation asks for it to be reviewed: name, e-mail address, title, description and link to a picture, used as suggestions for whom to invite.
• Personal data otherwise contained in documents, drawings, models and images uploaded by the data controller.

The service is not designed for special categories of personal data (Article 9 GDPR), personal data relating to criminal convictions and offences (Article 10 GDPR) or national identity numbers, and the data controller shall not use it for that. Such data may nevertheless occur incidentally, for example in a neighbour’s statement.

A.4. Processing includes the following categories of data subject:

• employees and contractors of the data controller who are users of the service or have a CV in it
• neighbours, owners of nearby properties and others who are notified or submit a statement in a building or planning matter
• contact persons at clients, authorities, consultants and other collaborators
• other persons mentioned in content entered by the data controller

A.5. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

For as long as the data controller has an agreement for the use of Arkiflyt, and thereafter until the data has been erased as described in Appendix C.4.

Appendix B Authorised sub-processors

B.1. Approved sub-processors

On commencement of the Clauses, the data controller authorises the engagement of the sub-processors listed at that time at arkiflyt.app/en/subprocessors, for the processing described for each of them. The list states name, processing activity and location of processing, and forms part of this appendix.

Later changes to the list follow Clause 7.3 and Appendix B.2.

B.2. Prior notice for the authorisation of sub-processors

The data processor gives notice of intended additions and replacements at least 30 days in advance, by e-mail to the data controller’s administrators in the service and by updating the list. The notice states who the new sub-processor is, what it will do and where the processing takes place.

The data controller may object to the change in writing within the notice period. If the parties find no solution, the data controller may terminate the agreement with effect from the day the change takes effect and be refunded prepaid fees for the period after termination. The data processor may carry out the change for the service as a whole. If the data controller has not objected within the notice period, the sub-processor is authorised.

If a sub-processor has to be replaced sooner to avert a security incident or an outage, the data processor gives notice without undue delay, and the data controller has the same right to terminate.

Appendix C Instruction pertaining to the use of personal data

C.1. The subject of/instruction for the processing

The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:

Providing Arkiflyt in accordance with the terms of service and the Clauses. What the data controller’s users do in the service – upload, write, share, ask the assistant for, export or delete – counts as documented instructions. The data processor does not use the data for its own purposes and does not train AI models on it, nor does it permit sub-processors to do so.

C.2. Security of processing

The level of security shall take into account:

That the processing mainly concerns ordinary personal data about employees and about parties to building matters, together with commercially confidential project material, and that special categories of personal data are not intended. The level of security shall therefore be appropriate for confidential business information and ordinary personal data of some volume.

The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.

The data processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the data controller:

• Encryption: All traffic between user, service and sub-processors uses TLS. Database, files and backups are encrypted at rest. API keys entered by the organisation itself are stored with field-level encryption.
• Confidentiality, integrity, availability and resilience: Each organisation’s data is separated from that of others by access rules in the database itself (row-level security), in addition to the access control in the application. Access follows role in the organisation and in the individual project. Documents are kept in private storage and retrieved through time-limited, signed links. Exception: profile pictures, logos, project cover images and images in the internal feed are served from addresses that do not require sign-in and are protected by the address being unguessable.
• Restoration: The database is backed up daily at the sub-processor. The infrastructure is described as code and migrations, so that the service can be rebuilt.
• Testing and evaluation: Changes pass automated tests and code review before deployment. Access rules and dependencies are reviewed regularly, and new versions of third-party packages are not adopted until they have been public for a quarantine period.
• Access to data online: Only signed-in users have access. Two-factor authentication is available. Sharing links for uploads and for project plans are based on random keys and can be revoked; upload links expire. Open endpoints are rate limited.
• Protection during transmission: TLS as described above, including towards sub-processors.
• Protection during storage: Storage in the EU/EEA at the sub-processors in Appendix B, encrypted as described above.
• Physical security: The data processor has no data centres of its own. Processing takes place in the sub-processors’ data centres, which have their own physical security measures and independent audits.
• Home and remote working: The data processor’s personnel only have access from devices with an encrypted disk and screen lock, and with two-factor authentication on the accounts at the sub-processors. Production data is not copied to local devices beyond what a specific fault investigation requires.
• Logging: The service logs who did what in a project. Use of AI models is logged with time, model and volume, without the content of the request. Server logs are retained for a limited period.
• The data processor’s own access: Only named personnel of the data processor have access to production data, and only for operations, troubleshooting and support. Where personnel are to open the data controller’s organisation in the service, the person is added as a visible, marked member whom the administrators see in the list of members, and each grant and removal is logged. The personnel are bound by confidentiality.

C.3. Assistance to the data controller

The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:

• Users and administrators can themselves view, rectify and erase most of the content in the service. Where that is not possible, the data processor assists on written request and replies within ten working days.
• If a data subject contacts the data processor directly about data processed on behalf of the data controller, the data processor forwards the request without undue delay and does not itself reply to it.
• On request, the data processor provides the data controller’s data in a common, machine-readable format.
• In case of a personal data breach, the data processor notifies the data controller’s administrators by e-mail. The notification describes what has happened, the categories and approximate number of data subjects and records concerned, the likely consequences, and what has been and will be done. What is not known at once is provided later.
• The data processor provides the information about the service and the security measures that the data controller needs for a data protection impact assessment or a prior consultation with the supervisory authority.

C.4. Storage period/erasure procedures

Personal data is stored for as long as the agreement runs, unless the data controller erases it earlier. The data controller may at any time delete projects, documents and other content in the service.

Exception: some logs and entries that the service writes itself are erased after fixed periods while the agreement runs:

• the log of who did what in a project, and the log of what external participants and the office did with participant links: after 24 months
• events the service itself posts to the internal feed, such as birthdays and won tenders, with the comments and reactions on them: after 24 months
• in-app notifications: 6 months after they were sent once read, otherwise after 12 months. Notifications about deadlines and about quality assurance areas that are ready to sign are kept, because the service uses them to avoid sending the same notification twice.
• copies of events from a connected Outlook calendar: 90 days after the event, or 24 months after the event once it has been added to a project. The meeting in the project stays.

Upon termination of the provision of personal data processing services, the data controller may for 30 days request that its data be provided to it. The data processor thereafter erases the personal data in accordance with Clause 11.1., no later than 90 days after termination. Backups are overwritten on a rolling schedule, no later than 30 days after the erasure. The data processor confirms the erasure in writing.

C.5. Processing location

Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:

• the EU/EEA, at the sub-processors and locations stated in the list in Appendix B.1
• Norway, where the data processor’s own personnel work
• third countries, only to the extent described in Appendix C.6

A change of location is notified in the same way as a change of sub-processor, cf. Appendix B.2.

C.6. Instruction on the transfer of personal data to third countries

The data controller instructs the data processor to transfer personal data to third countries in the following case:

When a user uses a feature that relies on AI models, the content to be analysed – for example the text of a document, a statement or a CV, or an image of the building to be visualised – is sent to the data processor’s AI gateway and on to the provider of the model in question. They are stated in the list in Appendix B.1 and may process the request in the USA or other countries outside the EU/EEA. The request contains no information about which user sent it. The content is not used to train models. The providers may retain requests for a limited period to detect abuse.

The transfer tool is the European Commission’s standard contractual clauses (Implementing Decision (EU) 2021/914), cf. Article 46(2)(c) GDPR, and – where the recipient is certified – the Commission’s adequacy decision for the EU–US Data Privacy Framework, cf. Article 45 GDPR.

The data processor moves the AI processing to the EU/EEA when the selection of models there makes it possible, and gives notice of this in accordance with Appendix B.2.

If the data controller does not in the Clauses or subsequently provide documented instructions pertaining to the transfer of personal data to a third country, the data processor shall not be entitled within the framework of the Clauses to perform such transfer.

C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor

On request, up to once a year and otherwise on reasoned suspicion of a breach of the Clauses, the data processor provides a written account of the technical and organisational measures, together with the audit reports and certifications made available by the sub-processors.

If the account does not give the data controller a sufficient basis, the data controller, or an auditor mandated by the data controller and bound by confidentiality, may carry out an audit on 30 days’ notice and within normal working hours. The data processor has no data centres of its own, so the audit concerns systems, routines and documentation. The audit does not give access to other customers’ data.

The data controller’s costs, if applicable, relating to the audit shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the audit, cf. Appendix D.4.

C.8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors

The data processor reviews the sub-processors’ audit reports, certifications and terms annually and submits the documentation to the data controller on request. If the review gives reason to, the data processor follows up with the sub-processor and informs the data controller.

Appendix D The parties’ terms of agreement on other subjects

D.1. Formation. The Clauses are entered into electronically. ‘Signature’ in Clause 14.1 means the data controller’s acceptance of the terms of service, to which the Clauses are an appendix. The data processor is bound from the same time. A data controller that needs a signed copy receives the same text as a PDF, signed by the data processor, by writing to hello@arkiflyt.app.

D.2. Relationship to the terms of service. The limitation of liability in the terms of service also applies to the parties’ liability towards each other under the Clauses. It does not limit the rights of data subjects or the liability the parties have towards data subjects and supervisory authorities under the GDPR.

D.3. Instructions that contravene the law. Where the data processor has informed the data controller under Clause 4.2, the data processor may refrain from following the instruction until the data controller has amended it or confirmed it in writing. The data processor is not liable for such an instruction not being followed in the meantime.

D.4. Remuneration for assistance. Assistance under Clauses 9 and 12 that goes beyond what the service itself makes possible, and beyond one account per year under Appendix C.7, may be invoiced by the data processor for time spent at its ordinary hourly rates. This does not apply where the need is caused by the data processor’s breach of the Clauses.

D.5. Contact points. The data controller’s contact point, cf. Clause 15, is the users who at any time are administrators of the organisation in the service. The data processor’s contact point is hello@arkiflyt.app.

D.6. Changes. The data processor may update the appendices when the service or the security measures change, provided that the protection of the personal data is not weakened. Such changes are notified by e-mail at least 30 days before they take effect, and the document carries a version number and date. Changes that weaken the protection, or that change the Clauses themselves, require the data controller’s acceptance.

D.7. Clause 7.6. The clause on the data controller as third-party beneficiary in sub-processor agreements is optional in version 1.2 of the standard contractual clauses and has not been included. The data processor uses standardised services whose terms cannot be negotiated.

D.8. The data processor’s own processing. The data processor is itself a data controller for the data it needs to administer user accounts and the customer relationship, secure the service, invoice, and keep statistics on how the service is used. That processing is described in the privacy policy and is not covered by the Clauses.