Data processing agreement

This data processing agreement governs the processing of personal data that Gridvision Engineering GmbH (“Gridvision”) carries out on behalf of the customer in providing the Gleeo services. It forms part of the Business Agreement and applies upon its acceptance; no separate signature is required. The customer is the controller within the meaning of the Clauses, Gridvision is the processor.

The agreement consists of the standard contractual clauses of the European Commission (Implementing Decision (EU) 2021/915 of 4 June 2021) in their official wording and Annexes I to IV. The optional Clause 5 is not used; in Clause 7.7, Option 2 applies. Where the Clauses offer a choice of references, Regulation (EU) 2016/679 (General Data Protection Regulation) applies.

For customers based in Switzerland, references to Regulation (EU) 2016/679 shall be read as references to the Swiss Federal Act on Data Protection (FADP), and references to Union or Member State law also as references to Swiss law; the competent supervisory authority is the Federal Data Protection and Information Commissioner (FDPIC).

If the customer objects under Clause 7.7 to an announced change of sub-processors, the customer may terminate the subscription with effect from the date of the change in accordance with section 7.3 of the Business 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 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, 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.

(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 - Optional
Docking clause

Not used.

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) 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 30 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:

(1) 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;

(2) 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;

(3) 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;

(4) the obligations in Article 32 of Regulation (EU) 2016/679.

(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:

(1) 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;

(2) the likely consequences of the personal data breach;

(3) 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.

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:

(1) 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;

(2) 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;

(3) 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 customer that has accepted the Business Agreement — company name as stated in the order

Address: the billing address stated in the order

Contact person: the administrators of the subscription, reachable at the email address held in the account; the customer’s data protection officer, if any, provided Gridvision has been notified of them

Signature and accession date: not applicable; the customer accepts these Clauses by accepting the Business Agreement, the date of acceptance being decisive

Processor

Name: Gridvision Engineering GmbH, CHE-105.209.602

Address: Erlifeldstrasse 29, 5035 Unterentfelden, Switzerland

Contact person: Jan Linus Marty, info@gleeo.com; no data protection officer has been designated

Signature and accession date: not applicable; Gridvision accepts these Clauses by publishing them as part of the Business Agreement

ANNEX II
Description of the processing

Categories of data subjects

The customer’s employees and other persons whom the customer adds to its subscription or invites to its domains, such as freelancers.

Categories of personal data

Account: email address, first and last name (where entered), language, password hash, time of the last sign-in, app version
Subscription and permissions: membership of the subscription, administrator role, permissions in the domains, invitations
Project time: start and end of the time entries, time zone, detail text, location, change history
Working time (where the working time module is used): working hours, holidays, paid absences including the absence type, workload and time model, balances, approvals
Technical data: session identifier, IP addresses in the server logs

Not covered by this agreement are the details from the order (company name, billing address, VAT number, email address for the invoice) and correspondence with Gridvision: Gridvision processes these as controller for its own invoicing and for support.

Sensitive data and applied safeguards

The customer defines the names of the absence types itself. If a name reads, for instance, “Illness” or “Accident”, the paid absences, together with person and date, allow conclusions about a person’s health. Safeguards:

The names of the absence types are stored encrypted on the server (AES-256-GCM); the key is kept separate from the database and the backups.
Gridvision does not analyse this data, does not disclose it and accesses it only for operation and for support at the customer’s request.
Only one person has access to the server and the database (Annex III).

The customer enters only the reason for an absence in the names and in detail texts, and no diagnoses or other health information (section 2.3 of the Business Agreement).

Nature of the processing

Storage on Gridvision’s servers, synchronisation between the devices and the web application, calculation of working time balances and warnings, display, export, backup and deletion.

Purpose of the processing

Provision of the Gleeo services to the customer: recording and evaluating project and working time, sharing the data within the team, support at the customer’s request.

Duration of the processing

For the term of the subscription, thereafter in accordance with section 4.3 of the Business Agreement (deletion no later than 24 months after the last sign of life). The customer can export its data via the app or the web application and delete accounts itself at any time. Deleted data disappears from the backups as well within at most 44 days; server logs are deleted after 30 days.

Processing by sub-processors

Subject matter, nature and duration of the processing by the sub-processors are described in Annex IV.

ANNEX III
Technical and organisational measures including technical and organisational measures to ensure the security of the data

Encryption

End-to-end: project and task names including their extra fields, detail texts and locations of the time entries are encrypted with AES-256 in the app or the browser before they reach the server. The domain password never leaves the devices and is unknown to Gridvision.
On the server: first and last names and the names of the absence types are stored encrypted with AES-256-GCM. The key is kept in a separate file outside the database and the backups.
Backups are encrypted before they leave the server (age).
Not encrypted are email addresses, domain names, all times and dates and the working time data: the service needs them in order to assign and calculate. The server’s disk is not encrypted; a key would have to reside on the same machine and would therefore not protect against the attacker that matters.

Protection of data during transmission

All connections from outside use HTTPS (TLS, HSTS). The application services can only be reached via the server’s loopback interface; between web server, application and database the data does not leave the machine.
Emails are sent through Gridvision’s own mail server, which accepts authentication only over an encrypted connection (STARTTLS); SPF, DKIM and DMARC are in place.

Protection of data during storage and physical security

Server and database are located in the data centre of Hetzner Online GmbH in Germany (ISO 27001, BSI C5 Type 2, annual external audit of the measures).
From outside, only the ports for HTTP, HTTPS and SSH are open (firewall). The database can only be reached locally and is protected by its own password, readable only by the system administrator.

User identification and authorisation

Sign-in with Google or Apple (via Firebase Authentication, tokens with signature verification) or with email address and password; passwords are stored only as a hash (BCrypt).
Codes for sign-up and password reset are sent by email only, are valid for 15 minutes and are limited in the number of requests and failed attempts. A failed sign-in returns the same message for an unknown address and a wrong password.
Session cookie with the attributes Secure, HttpOnly and SameSite, expiring after 30 days without use.
Permissions per domain (owner, administrator, edit all entries, see all entries, own entries only); they are assigned by the customer.

Access by the processor

Only one person has access to the server and the database. SSH is possible only with a key, not with a password.
The maintenance tool of the web application is accessible only after signing in with Google, and thus with a second factor; while impersonating a user for support, write access is blocked.

Availability and restoration

Daily full backup of the database, transferred encrypted to a second server in Switzerland; kept for 30 days plus at most 14 days of version history.
Restoration is carried out regularly and takes at most 15 minutes.

System configuration, testing and event logging

Security updates of the operating system are installed automatically every day.
The security functions of the sign-in are covered by automated tests, including the rejection of forged sign-in tokens.
Access and application logs are kept for 30 days; passwords and sign-in tokens are not logged.

Data minimisation and limited retention

No analytics, tracking or advertising services. External services (Google Maps, Sign in with Apple) are loaded in the web application only when the function is used.
Dormant accounts are deleted automatically (section 4.3 of the Business Agreement); the deletion is announced 30 days in advance, with a reminder 7 days before.

Data portability and erasure

Export of all time entries as CSV at any time from the app and the web application.
Accounts can be deleted by their owner in the app at any time, together with all data on the server. If the customer removes a user from the subscription, the data attributable to the subscription stays with the customer (section 4.4 of the Business Agreement).

Assistance to the controller

Gridvision forwards requests from data subjects to the administrators of the subscription without delay. Access, rectification, export and erasure can largely be carried out by the customer in the app and the web application; beyond that, Gridvision assists on request.
Gridvision notifies a personal data breach to the administrators of the subscription by email without undue delay, with the information under Clause 9.2; the contact point is info@gleeo.com. The procedure for this is defined, and every incident is recorded in a register.
For sub-processors, their own data processing agreement ensures the assistance; only providers offering such an agreement including the EU standard contractual clauses are engaged.

ANNEX IV
List of sub-processors

This is the agreed list within the meaning of Clause 7.7(a) (Option 2). Gridvision announces changes at least 30 days in advance in accordance with section 7.3 of the Business Agreement.

1. Hetzner Online GmbH

Address: Industriestr. 25, 91710 Gunzenhausen, Germany; contact: dataprotection@hetzner.com

Processing: provision of server, database and website and of the mail server used for sending emails. All data stored in the Sync&Team service resides there, partly encrypted. Processing exclusively in Germany, for the term of the agreement.

2. Google Ireland Limited / Google LLC

Address: Gordon House, Barrow Street, Dublin 4, Ireland / 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Processing: Firebase Authentication and Google Sign-In for signing in with Google or Apple (email address, account identifier, sign-in token, IP address); Google Play for buying and checking the subscription; Google Maps for showing maps, only while a map is open; Google Drive for the optional backup of the app, only if the user switches it on, into the user’s own account. Time entries, working time data and project and task names are not transmitted, except for the Google Drive backup. Transfer to the USA on the basis of the EU standard contractual clauses. Duration: in each case for the use of the function.

3. Apple Distribution International Ltd. / Apple Inc.

Address: Hollyhill Industrial Estate, Hollyhill, Cork, Ireland / One Apple Park Way, Cupertino, CA 95014, USA

Processing: “Sign in with Apple” (email address, account identifier, sign-in token, IP address), only when signing in this way; App Store for buying and checking the subscription. Transfer to the USA on the basis of the EU standard contractual clauses. Duration: in each case for the use of the function.