Section 1
1. Purpose and scope
(a) The purpose of these Data Processing Agreement clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of 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.
(b) The controllers and processors listed in Appendix I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.
(c) These Clauses apply to the processing of personal data as specified in Appendix II.
(d) Appendices I to lll as well as the list of subprocessors are an integral part of the Clauses.
(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679.
(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679.
2. Invariability of the clauses
(a) The Parties undertake not to modify the Clauses, except for adding information to the Appendices or updating information in them.
(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
3. Interpretation
(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
4. Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
5. Docking clause
(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Appendices and signing Appendix I.
(b) Once the Appendices in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Appendix I.
(c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.
Section 2 – Obligations of the parties
6. Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Appendix II.
7. Obligations of the parties
7.1. Instructions
(a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 or the applicable Union or Member State data protection provisions.
7.2. Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Appendix II, unless it receives further instructions from the controller.
7.3. Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Appendix II.
7.4. Security of processing
(a) The processor shall at least implement the technical and organisational measures specified in Appendix III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.5. Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.
7.6 Documentation and compliance
(a) The Parties shall be able to demonstrate compliance with these Clauses.
(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.
7.7. Use of subprocessors
(a) The processor has the controller’s general authorisation for the engagement of subprocessors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of subprocessors at least one week in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679.
(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby – in the event the processor has factually disappeared, ceased to exist in law or has become insolvent – the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
7.8. International transfers
(a) Any transfer of data to a third country or an international organization by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679.
(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.
8. Assistance to the controller
(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions.
(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
- the 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’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
- the obligation to consult the competent supervisory authority/ies 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 controller to mitigate the risk;
- the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
- the obligations in Article 32 Regulation (EU) 2016/679/.
(d) The Parties shall set out in Appendix III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.
9. Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 Regulation (EU) 2016/679, where applicable, taking into account the nature of processing and the information available to the processor.
9.1 Data breach concerning data processed by the controller
In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
(b) in obtaining the following information which, pursuant to Article 33(3) Regulation (EU) 2016/679/, shall be stated in the controller’s notification, and must at least include:
- the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
- the likely consequences of the personal data breach;
- 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.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(c) in complying, pursuant to Article 34 Regulation (EU) 2016/679, with the obligation to communicate without undue delay 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.
9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:
(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
(b) the details of a contact point where more information concerning the personal data breach can be obtained;
(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
The Parties shall set out in Appendix III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.
Section 3 – Final provisions
10. Non-compliance with the clauses and termination
(a) Without prejudice to any provisions of Regulation (EU) 2016/679, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
- the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
- the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679;
- the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679.
(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.
(d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.
Appendix 1 – list of parties
Controller:
- Name: [The customer using Lumiform’s services]
- Address: [Customer’s address]
- Name, Function, and Contact Details of the Contact Person: [Name, function, and contact details of the customer’s contact person]
Processor:
- Name: Lumiform GmbH
- Address: Torstraße 201, 10115 Berlin
- Name, Function, and Contact Details of the Contact Person: Customer Support Team, success@lumiformapp.com
Appendix 2 – description of the processing
(a) Categories of data subjects whose personal data is processed
The categories of data subjects whose personal data is processed may vary depending on the activity of the Controller. Notwithstanding, this can comprise in particular the following categories:
- Employees
- Suppliers
- Customers
- Consultants
- Job applicants
(b) Categories of personal data processed
The categories of personal data processed may vary depending on the activity of the Controller. Notwithstanding, this can comprise in particular, the following categories:
- Name
- Address
- Signature
(c) Nature of the processing
The nature of the processing may contain the storage, structuring and modification of the data provided.
(d) Purpose(s) for which the personal data is processed on behalf of the controller
The purpose for which the personal data is processed on behalf of the controller can be derived from the respective Agreement between the parties and contains in particularthe creation of forms and users.
(e) Duration of the processing
The duration of the data processing shall correspond with the respective Agreement between the Parties.
Appendix 3 – technical and organizational measures
Note
This document contains information available to business partners, customers, and other external parties with legal or other access rights. The text might have chosen the masculine form for readability reasons, but the information nevertheless refers to members of all genders.
Preamble
The responsible party has implemented suitable measures for confidentiality, integrity, availability, and resilience and procedures for regular review, assessment, and evaluation. The general section (Basic Measures) describes technical and organizational measures that apply regardless of the respective services, locations, and customers. The following sections describe measures beyond those documented in the general part.
Certificates
Lumiform has the following official certifications in the area of information security:
| Certificate | Comment |
| ISO27001 | via AWS |
| ISO27017 | via AWS |
| ISO27018 | via AWS |
| Other / Notes | Our data security standards are designed to align with recommended best practices in recognized standards such as ISO 27001. Our objective is to continually expand our security program and pursue formal certification. |
Basic measures
Fundamental measures that serve to safeguard the rights of data subjects, respond immediately in emergencies, meet the requirements of technology design, and protect data at the employee level:
- There is an internal data protection management system, compliance with which is systematically monitored and evaluated on an ad hoc basis and at least semi-annually.
- A concept in place ensures an immediate response to personal data breaches following legal requirements (review, documentation, reporting). It includes forms, instructions, and all necessary implementation procedures.
- A concept is in place to ensure that the rights of data subjects (access, rectification, erasure or restriction of processing, data transfer, revocation, and objection) are safeguarded within the statutory time limits. It includes forms, instructions, and established implementation procedures.
- Authorizations issued to employees concerning the processing of personal data, as well as issued keys, access cards, or codes of any kind, will be withdrawn or revoked after they depart from the company or change responsibilities following an authorization concept.
- All service providers used to perform ancillary business tasks (e.g., cleaning staff, security guards, etc.) are carefully selected, ensuring they comply with personal data protection. In the case of service providers who are not engaged in ancillary business activities, the protection of personal data and the safeguarding of the rights and obligations of clients/contractors of Data Processing are ensured. This also applies to comparable situations with a data transfer to so-called third countries.
- Employees are trained, instructed, and briefed concerning data privacy, must maintain confidentiality, and are made aware of possible liability consequences. Special regulations exist or are planned for employees working outside the company’s premises or using private devices for business activities. Data protection in these constellations is guaranteed.
- The protection of personal data shall be taken into account, taking into account state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the varying likelihood and severity of the risks to the rights and freedoms of natural persons associated with the processing, already during the development or selection of hardware, software as well as procedures, following the principle of data protection by design of technology and by data protection-friendly default settings (Art. 25 GDPR).
- The software used is constantly updated, as are virus scanners and firewalls.
Access control
All measures are suitable for preventing unauthorized persons from accessing the data processing facilities.
- Alarm system
- Automatic access control system
- Manual closing system
- Security locks
- Protection of the building shafts
- Doors with knob outside
- Window lock
- Permanent staff present
- Bell system with camera
- Regulation of key issuance
- Visitors’ book / Visitors’ log
- Access regulations for visitors
- Visitors accompanied by employees
- Care in the selection of cleaning services
System access control
All suitable measures prevent the use of data processing systems by unauthorized persons and ensure that those authorized to use a data processing system can only access the data subject to their access authorization and that personal data cannot be read, copied, modified, or removed without authorization during processing, use, and storage.
- Login with username + password
- Login with biometric data
- Always up-to-date virus protection
- Always current software versions
- Encrypted data transfer via https/TLS or comparable protection systems
- Network firewall
- Mobile Device Management
- Encryption of data carriers
- Encryption smartphones
- Locking external interfaces (USB etc.)
- Use of intrusion detection systems
- Automatic desktop lock
- Encryption of notebooks/tablet
- Manage user permissions
- Create user profiles
- Directory and regulations for mobile data carriers
- Secure Password Policy
- Delete / Destroy Policy
- Clean desk policy
- Screen lock policy
- General policy data protection and/or security
- Mobile Device Policy
- Manual desktop lock” instructions
- Shredder
- Physical deletion of data carriers
- Logging of accesses to applications, specifically when entering, changing, and deleting data
- Deployment authorization concepts
- Minimum number of administrators
- Management of user rights by administrators
- Personal firewall
- Guideline for the use of USB sticks
Transfer control
All measures to ensure that personal data cannot be read, copied, altered, or removed by unauthorized persons during electronic transmission or their transport or storage on data media and that it is possible to verify and determine to which entities personal data are intended to be transmitted by data transmission equipment.
- Email encryption (S/MIME, PGP, TLS, comparable)
- Logging of accesses and retrievals
- Data is only passed on to authorized third parties
- Pseudonymization
- Encryption of data carriers and connections
- Dedicated sharing permissions
- Provisioning over encrypted connections such as sftp, https
- Use of signature methods
Input control
All measures ensure that it is possible to check and determine retrospectively whether and by whom personal data has been entered into, modified, or removed from data processing systems.
- Logging of data entries, changes, and deletions
- Manual or automated control of the logs
- Overview of which programs can be used to enter, change, or delete which data
- Traceability of input, modification, and deletion of data through individual user names (not user groups)
- Assignment of rights to enter, change, and delete data based on an authorization concept
- Retention of forms from which data have been transferred to automated processing operations
- Clear responsibilities for deletions
- Administrator and deputy concept
Order control
All measures ensure that personal data processed on behalf of the client can only be processed by the client’s instructions.
- Prior review of the safety measures taken by the contractor and their documentation
- Selection of the contractor from the point of view of due diligence (especially concerning data protection and data security).
- Conclusion of the necessary Data Processing Agreement or EU Standard Contractual Clauses.
- Written instructions to the contractor
- Obligation of the contractor’s employees to maintain data secrecy
- Obligation to appoint a data protection officer by the contractor if the obligation to appoint exists
- Agreement on effective control rights vis-à-vis the contractor
- Regulation on the use of further subcontractors
- Ensuring the destruction of data after the completion of the order
Availability control/integrity
All measures are taken to protect personal data against accidental destruction or loss.
- Fire and smoke detection systems
- UPS (uninterruptible power supply)
- Data protection safe (S60DIS, S120DIS, other suitable standards with swell seal, etc.)
- RAID system / hard disk mirroring
- Backup & recovery concept (formulated)
- Constantly controlled backup and recovery concept
- Emergency concept through own IT and external service provider
- Carrying out resilience tests
- Technical protection against data loss and unauthorized access through virus protection, anti-spyware, and spam filters
- Separate overvoltage protection
- Additional backup copies with storage in specially protected locations
- Differential and full/complete backup, cloud-based and through NAS system
- Regular data recovery tests and logging of results
- Existence of an emergency plan (e.g., BSI IT Grundschutz 100-4)
- Separate partitions for operating systems and data
Guarantee of the earmarking/separation requirement
All measures that ensure data collection for different purposes can be processed separately.
- Separation of productive and test environment
- Physical separation (systems/databases/data carriers)
- Control via authorization concept
- Setting database rights
- Data sets are provided with purpose attributes
- Installation of a multitenant system
Appendix 4 – list of subprocessors
Lumiform uses a set of trusted third-party subprocessors to assist in providing our services. These subprocessors may process customer data to help us deliver the best possible service. Below is a list of our current subprocessors, along with the services they provide and their locations.
List of third-party subprocessors
Infrastructure subprocessors
The following subprocessors will process data to support the hosting and infrastructure of our platform.
| Name | Service provided | Location |
| Amazon Web Services | Data hosting | Germany |
Analytics and data warehouse subprocessors
The following subprocessors will process data to provide Lumiform data and analytics.
| Name | Service provided | Location |
| Chartmogul | Subscription analytics | Germany |
| Datadog | Performance monitoring | USA |
| Website analytics, workplace operations tools | USA | |
| LogRocket | User experience analytics | USA |
| Mixpanel | User behavior analytics | USA |
| Mouseflow | User experience analytics | Denmark |
| Sentry | Error monitoring | USA |
Customer relationship and communication subprocessors
The following subprocessors will process data when you engage with our support and sales teams.
| Name | Service provided | Location |
| Aircall | Telecommunication services | France |
| Apollo.io | Customer engagement and intelligence platform | USA |
| HubSpot | Customer and sales support | Ireland |
| Slack | Internal chat communication | USA |
| Twilio | Email and telecommunication services | USA |
Payment processing subprocessors
The following subprocessors will process data when you make payments for our services.
| Name | Service provided | Location |
| Chargebee | Payment processing | USA |
Consent management subprocessors
The following subprocessors will process data to manage and record your consent preferences on our platform.
| Name | Service provided | Location |
| Usercentrics | Consent management | Germany |
Last updates
| Date of change | Change | Notes |
| November 26, 2024 | Added: Apollo.io, Chargebee LogRocket, Mouseflow. Removed: Intercom, Stripe, Hotjar, Jira, Vonage. Changed: Sendgrid to Twilio (acquired by Twilio). | Subprocessor update notice |