14th October 2023

Data Processing Agreement

This Data Processing Agreement ("DPA") forms part of the agreement between Freebby AI ("Processor") and the user of Freebby AI services ("Controller") (collectively, the "Parties").

1. Definitions

"GDPR" means the General Data Protection Regulation (EU) 2016/679. "Personal Data" means any information relating to an identified or identifiable natural person. "Processing" means any operation performed on Personal Data, whether or not by automated means.

2. Processing of Personal Data

The Processor shall process Personal Data only on documented instructions from the Controller, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by Union or Member State law.

3. Confidentiality

The Processor shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

4. Security of Processing

The Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymization and encryption of Personal Data; (b) the ability to ensure the 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 organizational measures for ensuring the security of the processing.

5. Sub-processors

The Processor shall not engage another processor without prior specific or general written authorization of the Controller. In the case of general written authorization, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such changes.

6. Data Subject Rights

The Processor shall assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR.

7. Personal Data Breach

The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data breach. The Processor shall assist the Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.

8. Deletion or Return of Personal Data

At the choice of the Controller, the Processor shall delete or return all the Personal Data to the Controller after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data.

9. Audit Rights

The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.

10. Data Transfers

The Processor shall not transfer Personal Data to a third country or an international organization unless required to do so by Union or Member State law. In such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.