Data processing agreement

1. Subject matter and duration

The subject matter of this agreement is the processing of personal data by us on behalf of the customer when providing Sealed Print as described in the terms of service. It applies insofar as the customer is the controller of this data under the GDPR.

The agreement runs as long as the contract on the use of Sealed Print. Obligations that by their nature continue after the end, in particular on deletion and confidentiality, remain in force.

2. Nature and purpose of the processing, data and data subjects

Nature and purpose: receiving, storing, converting to PDF, showing as a preview and delivering print jobs to the destinations chosen by the customer; managing the customer's organization with its members, sources, destinations, relay clients and API tokens; sending the emails the service requires (e.g. invitations).

Types of personal data: contents of the documents printed or uploaded by the customer, which may contain any personal data; job metadata (document name, user name reported by the printing computer, time, number of pages, status); names and email addresses of members; names of sources, destinations, relay clients and printers, host names; IP addresses and technical connection data of printing devices and relay clients.

Categories of data subjects: members of the customer's organization; persons who print through the customer's printer URLs or upload documents; persons whose data is contained in printed documents.

The customer decides which documents are printed. If documents contain special categories of personal data (Art. 9 GDPR), the customer ensures that processing them with Sealed Print is permitted.

3. Instructions

We process the data only on documented instructions from the customer, unless we are required to do otherwise by EU or member state law; in that case we inform the customer before processing, unless the law prohibits this.

The customer's instructions are documented by the contract, this agreement and the settings and actions in the web app and through the API (e.g. choosing destinations, routing, cancelling or deleting jobs). Further instructions are given in text form to [email protected].

We inform the customer without delay if we believe an instruction infringes data protection law. We may then suspend carrying it out until the customer confirms or changes it.

4. Confidentiality

We only grant access to the data to persons who need it to provide the service and who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. We do not access the contents of documents unless this is required to provide the service, to resolve a fault reported by the customer or by law.

5. Security of processing

We take the technical and organizational measures under Art. 32 GDPR described in Annex 1. We may develop them further as long as the level of protection is not reduced.

6. Sub-processors

The customer generally authorizes us to engage sub-processors. The sub-processors in Annex 2 are approved on conclusion of this agreement.

We inform the customer in text form (e.g. by email to the owners of the organization) at least four weeks before adding or replacing a sub-processor. The customer can object for an important data protection reason within this period. If we cannot address the objection, either party may terminate the affected services with effect from the change.

We impose on every sub-processor by contract the same data protection obligations as set out in this agreement, in particular sufficient guarantees for appropriate technical and organizational measures. We remain liable to the customer for the sub-processor's compliance.

7. Transfers to third countries

We store the data in the European Union (data center in Frankfurt am Main, Germany). Sub-processors based outside the EU may only access data if the requirements of Art. 44 et seq. GDPR are met, in particular on the basis of an adequacy decision such as the EU-U.S. Data Privacy Framework or standard contractual clauses.

8. Rights of data subjects and further assistance

We support the customer with appropriate technical and organizational measures in responding to requests from data subjects (Art. 12 to 22 GDPR). Owners and admins can view, cancel and delete jobs, sources and members in the web app themselves. If a data subject contacts us directly, we forward the request to the customer without delay.

Taking into account the information available to us, we also assist the customer in complying with the obligations under Art. 32 to 36 GDPR (security, notification of personal data breaches, data protection impact assessment, prior consultation).

9. Personal data breaches

We notify the customer without undue delay, if possible within 48 hours, after becoming aware of a personal data breach affecting the customer's data. The notification contains the information under Art. 33 (3) GDPR as far as it is available, and we provide further information as soon as it is known. We take the necessary measures to secure the data and to mitigate possible adverse consequences.

10. Deletion and return

Documents are deleted automatically after the retention period chosen by the customer, counted from the moment a job has finished (7 days on Free; up to 1 year on Team and up to 10 years on Business); until then the customer can download them in the web app. Admins of the customer can delete finished jobs including their documents at any time. The customer can delete members, sources, destinations and the whole organization in the web app at any time.

After the contract ends, we delete all personal data processed on behalf of the customer, including copies, unless EU or member state law requires us to store it. Deletion from backups follows their regular rotation, at the latest after 30 days.

11. Information and audits

We provide the customer with all information necessary to demonstrate compliance with Art. 28 GDPR, in particular this agreement with its annexes and, where available, certifications of our sub-processors.

Beyond that, the customer or an auditor bound to confidentiality may carry out inspections after timely prior notice, during normal business hours and without disrupting operations, as a rule no more than once a year. The customer bears its own costs.

12. Liability and final provisions

Liability is governed by Art. 82 GDPR and, in addition, by the liability provisions of the terms of service.

In the event of a conflict, this agreement takes precedence over the terms of service as regards the protection of personal data. Changes to this agreement are made in the same way as changes to the terms of service.

Should individual provisions be invalid, the remainder of the agreement remains valid. The law of the Federal Republic of Germany applies.