Data Processing Agreement
Last updated: 01 November 2025
This Data Processing Addendum (this “DPA”) is entered into and effective as of the last date of signature below by and between Orbiq GmbH (“Orbiq”, “we”, or “us”) and the party named in the Agreement (“Customer”, or “you”).
You have entered into one or more agreements with us (each, as amended from time to time, an “Agreement”) governing the provision of our Trust Center Platform (as applicable, the “Services”). This DPA will amend the terms of the Agreement to reflect the parties’ rights and responsibilities with respect to the processing and security of Customer Data (as defined below) under the Agreement. If you are accepting this DPA in your capacity as an employee, consultant or agent of Customer, you represent that you are an employee, consultant or agent of Customer, and that you have the authority to bind Customer to this DPA.
Any capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
Standard contractual clauses
SECTION I
Clause 1 Purpose and scope
a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance 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, and repealing Directive 95/46/EC (General Data Protection Regulation)
b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.
c) These Clauses apply to the processing of personal data as specified in Annex II.
d) Annexes I to IV 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 and/or Regulation (EU) 2018/1725.
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 and/or Regulation (EU) 2018/1725.
Clause 2 Invariability of the Clauses
a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes 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.
Clause 3 Interpretation
a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, 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 or Regulation (EU) 2018/1725 respectively. 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 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
Clause 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.
Clause 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 Annexes and signing Annex I.
b) Once the Annexes 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 Annex I.
c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.
SECTION II OBLIGATIONS OF THE PARTIES
Clause 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 Annex II.
Clause 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 / Regulation (EU) 2018/1725 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 Annex 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 Annex II.
7.4. Security of processing
a) The processor shall at least implement the technical and organisational measures specified in Annex 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 and/or Regulation (EU) 2018/1725. 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 sub-processors
a) GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for the engagement of sub-processors 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 sub-processors at least 14 days 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 and/or Regulation (EU) 2018/1725.
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 organisation 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 or Regulation (EU) 2018/1725.
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.
Clause 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 of Regulation (EU) 2016 d) The Parties shall set out in Annex 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.
Clause 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 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, 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) of 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 of 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 Annex 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 III FINAL PROVISIONS
Clause 10 Non-compliance with the Clauses and termination
a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, 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 and/or Regulation (EU) 2018/1725;
- 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 and/or Regulation (EU) 2018/1725.
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.
ANNEX I List of parties
Controller:
Name: The controller is the Customer specified in the Agreement
Address: specified in the Agreement Contact person’s name, position and contact details: specified in the Agreement
Signature: ___
Processor:
Name: Orbiq GmbH
Address: Ludwig-Erhard-Str. 18 Hamburg 20459 Germany
Contact person’s name, position and contact details: Emre Salmanoglu available at legal@orbiqhq.com
Activities relevant to the data transferred under these Clauses: processing data in relation to our Terms of Service
Signature: ___
ANNEX II Description of the processing
| Activity | Purpose | Data subjects | Main data | Recipients | Retention |
|---|---|---|---|---|---|
| Trust Center Platform | Serve pages and evidence | Users, End users | Request logs, document metadata, viewer identifier for gated items | Hostinger, Hetzner | Agreement duration |
| Identity and access management | Authenticate and authorise users | Users, End users | Name, business email, IdP identifiers, roles, short lived tokens | Resend | Agreement duration plus 12 months |
| Access request approvals | Require NDA consent before restricted evidence | Users, End users | Name, email, consent timestamps, NDA template identifiers | Self-hosted | Agreement duration plus 12 months |
| Access authorization | Single use links for access to restricted documents | Users, End users | Email, token, expiry; IP and user agent upon use | Resend | Tokens ≤ 24 hours, events 12 months. |
| Document storage and delivery | Host and serve compliance evidence and knowledge base | Users, End users | Filenames, content, metadata, per viewer watermark | Hostinger, Hetzner | Agreement duration plus 12 months |
| Watermarking of documents | Deter misuse and trace evidence | Users | Viewer name or pseudonymous identifier, timestamp, hash | Self-hosted | 12 months |
| Audit and access logs | Accountability and forensics | Users, End users | User id, resource id, time, IP, user agent, action | Self-hosted | 12 months |
| In app support | Resolve issues that require special investigation | End users | Name, email, minimal logs or screenshots inside the ticket | Self-hosted | Agreement duration plus 12 months |
| Visitor metrics collection | Provide usage metrics | Users | Aggregated view counts, approvals, search terms, IP, user agent | Self-hosted | Agreement duration plus 12 months |
| Bot activity analysis | Prevent abuse of the platform via bots | End users | User id, resource id, time, IP, user agent, email | Self-hosted | Agreement duration |
| Platform security and diagnostics | Reliability, abuse prevention, availability | End users | Pseudonymous events, error logs, crash traces | Sentry Cloud | 90 days |
| Finance and account management (EU) | EU invoicing and reconciliation | Customer billing contacts | Billing contact name, email, invoice references, payment metadata | Qonto | Up to 10 years (statutory finance rules) |
| Finance and account management (non-EU) | Non-EU invoicing and reconciliation | Customer billing contacts | Billing contact name, email, invoice references, payment metadata | Polar | Up to 10 years (statutory finance rules) |
| Meeting scheduling | Coordinate customer and prospect meetings | Users, Prospects | Name, business email, meeting subject, selected slot, optional notes | Cal.com | 24 months |
| Customer support operations | Ticketing and issue resolution services | Users | Name, business email, support request content, diagnostic artefacts | Microsoft, Resend | Agreement duration plus 12 months |
Nature, Purpose and Duration for which the personal data is processed on behalf of the controller
| Item | Description |
|---|---|
| Subject matter | Operation of Services defined in the Agreement |
| Nature | Personal Data transferred will be processed to (i) provide Orbiq Services under the Agreement to the Controller and fulfil the Processor’s obligations under the Agreement; and (ii) comply with applicable law |
| Purpose | Personal Data transferred will be processed to (i) provide Orbiq Services under the Agreement to the Controller and fulfil the Processor’s obligations under the Agreement; and (ii) comply with applicable law |
| Duration | Continuously, for the length of the Agreement between the parties |
| Retention Period | Personal Data will be retained for the length of time necessary to provide Orbiq Services under the Agreement and in accordance with Orbiq’s data retention processes and as otherwise required by applicable law. |
For processing by (sub-) processors, also specify subject matter, nature and duration of the processing
Orbiq’s sub-processors will process Personal Data to assist Orbiq in providing its product pursuant to the Agreement, for as long as needed for Orbiq to provide its product.
ANNEX III Technical and organisational measures
Identity and access
• SSO and MFA required for all staff with production access
• Least privilege roles with time bound just in time elevation
• Quarterly access reviews for production and development systems
Encryption and key management
• Data at rest encrypted with AES-256 for databases and file stores
• Data in transit protected with TLS 1.3 where supported, TLS 1.2 minimum otherwise
• Secrets and keys stored in an EU resident secret and key manager
Data minimisation and scrubbing
• Libraries scrub tokens, passwords, email addresses and free text PII from logs, traces and support artefacts before storage
Network and environment security
• Network and infrastructure segmentation for the OEM solution; standard multi-tenant service uses shared controls appropriate to risk
• Egress controls with allow lists for build agents and application servers
• The platform is fronted by rate limiting, origin checks, and a managed WAF at the application layer Application security and SDLC
• Continuous code review and signed code commits
• Dependency scanning, SAST, DAST, and container image scanning in the pipeline
• Secrets managed via environment variables
Monitoring and logging
• Platform logs for service operation
• Audit logs for “who did what and when” Vulnerability and patch management
• Remediation SLAs: Critical within 7 days, High within 14 days
• Emergency patch process follows the Support Policy
Business continuity and disaster recovery
• Daily backups in Germany; age out within 180 days; restore tests once per year
Incident response and breach notification
• Breach notification to Customer within 24 hours of awareness to support@orbiqhq.com
Governance and assurance
• Written responses and available artefacts provided on request to support reasonable customer assurance
ANNEX IV
List of sub-processors
| Subprocessor | Contact Details | Purpose | Geographic Location of the Processing |
|---|---|---|---|
| Hostinger | Hostinger International Ltd. 61 Lordou Vironos str., 6023 Larnaca, Cyprus gdpr@hostinger.com | Cloud service provider | EU Germany |
| Hetzner Online | Hetzner Online GmbH Industriestr. 25 91710 Gunzenhausen Germany data-protection@hetzner.com | Cloud service provider | EU Germany |
| Resend | PLUS FIVE FIVE, INC. 2261 Market Street #5039 San Francisco, CA 94114 privacy@resend.com | Email service provider | EU, US |
| Sentry Cloud | Functional Software, Inc. d/b/a Sentry 45 Fremont Street, 8th Floor, San Francisco, CA 94105 legal@sentry.io | Software diagnostic service provider | EU Frankfurt |
| Qonto | Qonto SAS 20 bis rue La Fayette 75009 Paris France dpo@qonto.com | Finance and account management | EU France |
| Cal.com | Cal.com, Inc. 2261 Market Street #4240 San Francisco, CA 94114 support@cal.com | Meeting scheduling | US |
| Microsoft | Microsoft Ireland Operations Limited One Microsoft Place Dublin 18 D18 P521 Ireland dataprotection@microsoft.com | Support tooling | EU Ireland, Global |
| Polar | Polar Analytics, Inc. 548 Market Street #62411 San Francisco, CA 94104 privacy@polaranalytics.com | Finance and account management for non-EU operations | US |