mob-menu
Request A Demo
search
faqs-bg-vector
 

DATA PROCESSOR AGREEMENT

Last updated in September 2025

For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)

between

[Name of the Childcare Provider] 

(the data controller)

And

Parent Childcare Management Solution Corp

(the data processor)

each a ‘party’; together ‘the parties’

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.


Table of Contents

1. Preamble

2. The rights and obligations of the data controller

3. The data processor acts according to instructions

4. Confidentiality

5. Security of processing

6. Use of sub-processors

7. Transfer of data to third countries or international organizations 

8. Assistance to the data controller

9. Notification of personal data breach

10. Erasure and return of data

11. Audit and inspection

12. The parties’ agreement on other terms

13. Commencement and termination

14.  Data controller and data processor contacts/contact points

Appendix A
• Information about the processing of user’s (children) personal data
• Information about the processing of user’s (parents) personal data
• Information about the processing of user’s (The Data Controller’s employees) personal data

Appendix B
 • Authorized sub-processors

Appendix C
• Instruction pertaining to the use of personal data

Appendix D
• Hosting and Storage Security Overviews (Azure & AWS)

1. Microsoft Azure – Hosting (Ireland)
2. Amazon Web Services (AWS) – Storage (Frankfurt)
3. Responsibilities of the Processor

1. Preamble

1. These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.

2. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 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).

3.  In the context of the provision of managing the childcare platform called “Parent”, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.

4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties.

5. Four appendices are attached to the Clauses and form an integral part of the Clauses.

6. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.

7. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorized by the data controller.

8. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.

9. Appendix D contains “Amazon Web Services, Overview of Security Processes”.

10.The Clauses along with appendices shall be retained in writing, including electronically, by both parties.

11. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.


2. The rights and obligations of the data controller

1. The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.

2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.

3. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.


3. The data processor acts according to instructions

1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.

2. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.


4. Confidentiality

1. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.

2. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.


5. Security of processing

1. Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:

a. Pseudonymisation and encryption of personal data;
b. the ability to ensure 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 organisational measures for ensuring the security of the processing.

In addition to the measures already defined, the Processor shall maintain:

a. TLS 1.3 encryption for data in transit.
b. Role-based access control (RBAC) for internal staff.
c. Secure authentication and regular encrypted backups.
d. Regular third-party penetration testing and security audits

2. According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.

3. Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organizational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.

If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional  measures to be implemented in Appendix C.

6. Use of sub-processors

1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).

2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorization of the data controller.

The data processor has the data controller’s general authorization for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 14 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorized by the data controller can be found in Appendix B.

3. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.

The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.

4. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.  

5. The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete or return the personal data.

6. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

7. The Processor is authorized to engage the following sub-processors for specific processing activities:


Sub-Processor

Location

Purpose

Transfer Mechanism

Amazon Web Services (AWS)

Frankfurt, Germany

Hosting infrastructure

EU-based

Microsoft Azure

Ireland (EU)

Hosting infrastructure

EU-based

Intercom R&D Unlimited Company

Ireland (EU)

In-app support & chat

EU-hosted

HubSpot Ireland Ltd.

Ireland (EU)

CRM & marketing

EU-hosted

OpenAI

United States

AI-generated content (ParentPilot)

EU–US DPF Certified

Instabug

United States

Bug/crash reporting

SCCs

Firebase (Google LLC)

Global

Push notifications

SCCs

Twilio

United States

SMS delivery (registration, password reset)

EU–US DPF Certified

WhatsApp (Meta Platforms)

Global (configured by Controller)

Optional staff-parent messaging

DPF/SCCs

Gmail / Outlook (Google/Microsoft)

Global (configured by Controller)

Optional email channel

DPF/SCCs

WebinarGeek

EU

Webinar & marketing events

EU-based

Zoho Books / QuickBooks (Intuit)

Global (optional, Controller configuration)

Optional accounting integrations

DPF/SCCs



Any additional or replacement sub-processors shall follow the notification and approval procedures as defined in Clause 7.

 

7. Transfer of data to third countries or international organizations

1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.

2. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.

3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:

a. transfer personal data to a data controller or a data processor in a third country or in an international organization
b. transfer the processing of personal data to a sub-processor in a third country
c. have the personal data processed in by the data processor in a third country

4.  The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix C.6.

5. The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.

6. Where processing requires transfers outside the EEA, the Processor shall rely on:

a. Standard Contractual Clauses (SCCs)
b. Adequacy Decisions
c. U.S.-EU Data Privacy Framework (DPF) for certified vendors


8. Assistance to the data controller

1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organizational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.


This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:

a. the right to be informed when collecting personal data from the data subject
b. the right to be informed when personal data have not been obtained from the data subject
c. the right of access by the data subject
d. the right to rectification
e. the right to erasure (‘the right to be forgotten’)
f. the right to restriction of processing
g. notification obligation regarding rectification or erasure of personal data or restriction of processing
h. the right to data portability
i. the right to object
j. the right not to be subject to a decision based solely on automated processing, including profiling

2. In addition to the data processor’s obligation to assist the data controller pursuant to Clause 6.3., the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:

a. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, (Datatilsynet), unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;

b. the data controller’s obligation to without undue delay communicate 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;

c. the data controller’s 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);

d. the data controller’s obligation to consult the competent supervisory authority, (Datatilsynet), 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 data controller to mitigate the risk.

3. The parties shall define in Appendix C the appropriate technical and organizational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in Clause 9.1. and 9.2.


9. Notification of personal data breach

1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.

2. The data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.

3. In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3) GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:  

a. 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;
b. the likely consequences of the personal data breach;
c. 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.

4. The parties shall define in Appendix C all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.


10. Erasure and return of data

The Processor shall support the Controller in applying module-specific retention rules as configured via the platform’s Data Retention & Compliance Settings.

  • Retention cannot exceed the maximum periods defined by the platform.
  • After expiry, data will be deleted or anonymized depending on the module.
  • Withdrawn children’s data will be automatically anonymized after the configured retention period.
  • “Ouch reports” (injury/incident records) are excluded from automatic deletion and may be retained longer to comply with medical, licensing, or regulatory requirements.
  • Upon termination of services, data will be retained for six (6) months unless otherwise required by law, after which it shall be deleted or anonymized.

11. Audit and inspection

1. The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.

2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7.  
 
3. The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.


12. The parties’ agreement on other terms

1. The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.


13. Commencement and termination

1. The Clauses shall become effective on the date of both parties’ signature.

2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.

3. The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.

4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.

5. Signature

On behalf of the data controller

Name                

Position        

Date                

Signature        

On behalf of the data processor

Name                Firas El Bizri

Position        Founder and managing partner

Date                

Signature        

14. Data controller and data processor contacts/contact points

1. The parties may contact each other using the following contacts/contact points:

2. The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.

Name                

Position        

Telephone        

E-mail        

Name            Firas El Bizri

Position        Founder and partner

Telephone     +45 28282808

E-mail        firas@parent.app

 

Appendix A        

Information about the processing of user’s (children) personal data

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:

To help the data controller, via the Parent-app, to:

• Children: Name, DOB, allergies, health records, learning records, incident/“Ouch” reports.
• Parents: Contact info, billing, consents.
• Staff: Name, schedule, qualifications, attendance.
• Device & Usage: IP address, browser, crash logs.
• Cookies & Analytics data.
• AI-generated content (optional summaries using child name).
• Consent is required for processing of children’s data under GDPR and COPPA (under 13, US).
• Monitor staff-Child ratios
• File Incident Reports
• Create Customizable lists (Fx. children with allergies)
• Real time reporting (Create records of sleep timings, meals toilet visit ect)
•  Activity planning
•  Add sessions or products to the individual child
•  Off-day reporting
• Instant messaging between admins/teachers and parents
•  Create media gallery
• Daily activity feed
•  Create health lists
•  Attendance registration
•  Create contacts lists

A.2. The processing includes the following types of personal data about data subjects:

•  Profile picture
• Birthdates
• Situation pictures
• Videos
•  Social security numbers
•  Contact information (if any)
•  Health information

A.3. Processing includes the following categories of data subject:

• Children who are a part of the Data Controller’s Childcare

A.4. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

The processing continues until

• The user (the parents) requests their profile deleted
• The data controller close their account
• The data controller requests a profile deleted



Information about the processing of user’s (parents) personal data

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:

To help the data controller, via the Parent-app, to:

• Manage Parental Permissions
• Documents Management
• Instant Messaging
•  Billing and Invoicing
• Multi-Tier access
• Like and Comment
• Off-Day reporting
• Payment Overview
• Payment reminders
• Permissions & Consents
• Contact lists

A.2. The processing includes the following types of personal data about data subjects:

•  Name
• Username
• Address
•  E-mail
• Phone number

A.3. Processing includes the following categories of data subject:

• Parents (or legal guardian) of children who are a part of the Data Controller’s Childcare

A.4. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

The processing continues until
• The user (the parents) requests their profile deleted
• The data controller closes their account
• The data controller requests a profile deleted
 

Information about the processing of user’s (The Data Controller’s employees) personal data

A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:

To help the data controller, via the Parent-app, to:

• To Track Staff Attendance
• Monito Staff-Child Ratios
• Document Management
• Activity planning
•  Instant Messaging
• Create media gallery
• Daily activity feed
•  Contact lists

A.2. The processing includes the following types of personal data about data subjects:

• Name
• Username
• E-mail
• Profile picture
• Situation pictures

A.3. Processing includes the following categories of data subject:

• Employees of the Data Controller

A.4. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:

The processing continues until
• The data controller closes their account
• The data controller request the staff-profile deleted


Appendix B  Authorized sub-processors

B.1. Approved sub-processors

On commencement of the Clauses, the data controller authorizes the engagement of the following sub-processors:

Sub-Processor

Location

Purpose

Transfer Mechanism

Amazon Web Services (AWS)

Frankfurt, Germany

Hosting infrastructure

EU-based

Microsoft Azure

Ireland (EU)

Hosting infrastructure

EU-based

Intercom R&D Unlimited Company

Ireland (EU)

In-app support & chat

EU-hosted

HubSpot Ireland Ltd.

Ireland (EU)

CRM & marketing

EU-hosted

OpenAI

United States

AI-generated content (ParentPilot)

EU–US DPF Certified

Instabug

United States

Bug/crash reporting

SCCs

Firebase (Google LLC)

Global

Push notifications

SCCs

Twilio

United States

SMS delivery (registration, password reset)

EU–US DPF Certified

WhatsApp (Meta Platforms)

Global (configured by Controller)

Optional staff-parent messaging

DPF/SCCs

Gmail / Outlook (Google/Microsoft)

Global (configured by Controller)

Optional email channel

DPF/SCCs

WebinarGeek

EU

Webinar & marketing events

EU-based

Zoho Books / QuickBooks (Intuit)

Global (optional, Controller configuration)

Optional accounting integrations

DPF/SCCs


The data controller shall on the commencement of the Clauses authorize the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorization – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.

Appendix C        

Instruction pertaining to the use of personal data

C.1. The subject of/instruction for the processing

The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:

• To supply the Data Controller with a childcare management platform

C.2. Security of processing

The level of security shall take into account:

That the processing involves a large volume of personal data on children. That the processing involves a minor volume of personal data on children which are subject to Article 9 GDPR on ‘special categories of personal data’ which is why a ‘high’ level of security should be established.

The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.    

The data processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the data controller:  

•  The data processor’s employees have very restricted access to personal data in such a way, that all personal data in the system is anonymised, and the employees cannot identify any of the subjects.
• The support team
• The data processor’s employees are subject to a strict confidentiality clause.  
• All employees have two factor authentication om their phones and PC’s
• Maintain high level of security for children’s data and Article 9 GDPR special categories.
•  Includes TLS 1.3, RBAC, backups, penetration testing, anonymisation, and staff confidentiality.
• The data controller continuously evaluates the technical security measures, and each year the data controller evaluates the general • security level with an external advisor.  
• All data are stored on Amazon Web Services in Frankfurt. For a description of AWS’ security process see the attached “Amazon Web • Services, Overview of Security Processes” in Appendix D.
• Incident/“Ouch” reports, allergies, and medical data fall under Article 9 GDPR special categories; such data requires a “high” level of •  security at all times.
• The data processor does not use home/remote working.
•  All activity in the system is logged.

C.3. Assistance to the data controller

The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:

• The data controller can easily and quickly generate a list of all data processed in the system about a single data subject
• The Parent system has a feature called “Enable GDPR features”. The data controller can add a period after a child’s termination in the institution, after which all personal data is automatically is deleted. The parents receive a notification when the data is deleted.
•  Centers can configure module-specific retention via Data Retention & Compliance Settings.
• The data controller can contact the data processor’s support for further assistance at any time. The support responds immediately to all inquiries within the weekly opening hours (8:00 – 16:15).
• The support teams have no access to personal data about the data subjects. All data is anonymised, and the support team cannot identify the data subjects.

C.4. Storage period/erasure procedures

Personal data is stored for the time period that the data controller chooses after which the personal data is automatically erased by the data processor cg. C.3.

Upon termination of the provision of personal data processing services, the data processor shall either delete or return the personal data in accordance with Clause 11.1., unless the data controller – after the signature of the contract – has modified the data controller’s original choice. Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.”

• Reflects module-specific retention periods.
• “Ouch reports” excluded from automatic deletion.

C.5. Processing location

Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorization:

• Frankfurt  

C.6. Instruction on the transfer of personal data to third countries

The data controller accepts that the data processor transfers personal data to Intercom R&D Unlimited Company, registered in Ireland on the address 2nd Floor, Stephen Court, 18-21 Saint Stephen’s Green, Dublin, and that R&D Unlimited Company transfers the data outside the EEA to Intercom Inc. under a mandate from the data processor. Intercom Inc. is located in San Francisco, CA 94105, USA.

Intercom R&D Unlimited Company and Intercom Inc. has entered a Standard Contractual Clause (SCC) for data transfers between EU and non-EU countries.

The data processor has prepared a Transfer Impact Assessment on Intercom Inc. and concluded that Article 46 of Regulation 2016/679 (the GDPR) has been complied with.

Transfers rely on SCCs, adequacy decisions, and EU–US DPF where applicable.

C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor

The data controller or the data controller’s representative may once a year perform a physical inspection of the places, where the processing of personal data is carried out by the data processor, including physical facilities as well as systems used for and related to the processing to ascertain the data processor’s compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses. Such inspection must be notified within 60 days.

In addition to the planned inspection, the data controller may perform an inspection of the data processor when the data controller deems it required.

The data controller’s costs, if applicable, relating to physical inspection shall be defrayed by the data controller. The data processor shall, however, be under obligation to set aside the resources (mainly time) required for the data controller to be able to perform the inspection.

Appendix D – Hosting and Storage Security Overviews (Azure & AWS)  

The Processor uses Microsoft Azure (Ireland) as its primary hosting provider and Amazon Web Services (AWS, Frankfurt) for storage services. Both providers maintain industry-standard certifications and safeguards designed to ensure compliance with GDPR and international security frameworks.

1. Microsoft Azure – Hosting (Ireland)

• Primary hosting provider for the Parent platform.
• EU data center located in Ireland.
• Security certifications and compliance:
○ ISO/IEC 27001, 27017, 27018 (information security, cloud security, and protection of personal data in the cloud).
○ SOC 1, SOC 2, SOC 3.
○ GDPR and EU Data Protection compliance.
○ CSA STAR Certification.

Technical measures:
○ Encryption at rest and in transit (TLS 1.2+ / TLS 1.3).
○ Role-based access control (RBAC).
○ Built-in threat detection, logging, and monitoring.
○ Geo-redundant backups and disaster recovery measures.

2. Amazon Web Services (AWS) – Storage (Frankfurt)

• Used solely for secure data storage (not hosting).
• EU data center located in Frankfurt, Germany.
• Security certifications and compliance:
○ ISO/IEC 27001, 27017, 27018.
○ SOC 1, SOC 2, SOC 3.
○ GDPR and EU Data Protection compliance.

Technical measures:
○ Encryption at rest using AES-256.
○ TLS 1.2+ encryption for data in transit.
○ Fine-grained access control via AWS IAM policies.
○ Continuous monitoring, logging, and auditing.
○ High availability and redundancy.

3. Responsibilities of the Processor

• The Processor ensures that both Azure and AWS are configured in compliance with the GDPR and the technical/organisational measures described in Appendix C.
• The Processor regularly reviews and audits the security certifications of Azure and AWS.
• Any changes to hosting or storage providers will be communicated to the Controller in advance, in line with Clause 7 of this Agreement.