How does this DPA fit with the main agreement
This Data Processing Agreement ("DPA") is between:
- the customer who has entered into the SvereSystems Terms of Service (“Controller”), and
- Sveresa tmi (Y-tunnus 3592316-3), Finland, operating the Service under the brand SvereSystems ("Processor").
This DPA forms an integral part of the Terms of Service (the “Main Agreement”). In case of conflict between this DPA and the Main Agreement regarding data protection, this DPA shall prevail to the extent of the conflict.
What this DPA covers and for how long
This DPA governs the Processor's processing of personal data on behalf of the Controller in connection with the provision of the SvereSystems Service.
The duration of this DPA is the same as the duration of the Main Agreement. It applies for as long as the Processor processes personal data on behalf of the Controller and continues to apply to any post-termination obligations as described in this DPA.
Why and how personal data is processed
The Processor processes personal data only to provide, maintain, secure, and improve the Service and to perform its obligations under the Main Agreement, including:
- storing and organising lead, contact, and account data;
- enriching contact data where applicable;
- enabling communication and outreach workflows configured by the Controller;
- providing customer support and troubleshooting;
- performing security, logging, and usage monitoring in connection with the Service.
Processing may include the operations listed in Article 4(2) GDPR, such as collection, recording, organisation, storage, adaptation, retrieval, consultation, use, disclosure, erasure, and destruction, to the extent necessary for the Service.
What types of data and whose data
The types of personal data processed may include, depending on how the Controller uses the Service:
- identification and contact details (such as name, email address, job title);
- business-related information (such as company name, role, industry, website);
- communication data and notes created by the Controller in the Service;
- usage and log data associated with users of the Controller's account;
- other personal data uploaded or entered into the Service by the Controller at its discretion.
The categories of data subjects may include:
- the Controller's leads, prospects, and customers;
- employees, contractors, or representatives of the Controller;
- other individuals whose data is entered into the Service by or on behalf of the Controller.
The Service is not intended for processing special categories of data under Article 9 GDPR (e.g., health data, political opinions) or data relating to criminal convictions. The Controller shall not intentionally use the Service for such data.
What the Controller is responsible for
The Controller is responsible for:
- ensuring that it has a valid legal basis for all personal data processed via the Service;
- providing appropriate privacy notices to data subjects;
- ensuring that instructions provided to the Processor are lawful and consistent with the Main Agreement and this DPA;
- configuring the Service in a privacy-compliant manner (e.g., respecting opt-outs and marketing preferences where applicable);
- cooperating with the Processor to maintain security and confidentiality of personal data.
What SvereSystems commits to doing
The Processor shall:
- Process personal data only on documented instructions from the Controller, including regarding transfers of personal data to a third country, unless required to do so by EU or Member State law; in such a case, the Processor shall inform the Controller of that legal requirement unless the law prohibits such notification.
- Maintain confidentiality and ensure that persons authorised to process personal data are subject to a duty of confidentiality.
- Implement appropriate technical and organisational measures to protect personal data as described in Section 9 of this DPA and Appendix 2.
- Assist the Controller, insofar as possible, in fulfilling the Controller's obligations to respond to data subject requests and to comply with Articles 32–36 GDPR (security, breach notification, DPIAs, and consultations).
- Inform the Controller if, in its opinion, an instruction infringes the GDPR or other applicable data protection provisions.
- Keep records of processing activities carried out on behalf of the Controller, where required by law.
Use of infrastructure and other service providers
The Controller grants the Processor a general written authorisation to engage sub-processors to provide the Service. Such sub-processors may include:
- infrastructure and hosting providers (including the underlying white-label SaaS platform provider);
- content delivery networks (CDNs);
- payment processors;
- analytics and logging providers;
- customer support and communication tools.
The Processor shall:
- ensure that sub-processors are bound by written agreements imposing data protection obligations no less protective than those in this DPA;
- remain responsible for the acts and omissions of sub-processors to the same extent as for its own acts and omissions;
- maintain a list or description of current sub-processor categories and make it reasonably available (for example, through its website or upon request).
Where required by law, the Controller may object to a new sub-processor on reasonable grounds relating to data protection. In such a case, the parties will work together in good faith to find a solution. If no solution is possible, the Controller may terminate the affected part of the Service in accordance with the Main Agreement.
Transfers of personal data outside the EU/EEA
The Processor may process personal data in countries outside the European Economic Area ("EEA"), including through sub-processors that provide infrastructure or supporting services.
Where personal data is transferred outside the EEA or the UK to a country that does not provide an adequate level of data protection as determined by the European Commission, the Processor shall ensure that an appropriate transfer mechanism is in place, such as:
- the use of Standard Contractual Clauses (SCCs); and/or
- other appropriate safeguards permitted under Chapter V of the GDPR.
Further details about international transfers may be provided in the Processor's Privacy Policy or upon reasonable request.
Technical and organisational measures
The Processor shall implement and maintain appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, taking into account:
- the state of the art;
- the costs of implementation;
- the nature, scope, context, and purposes of processing; and
- the risk to the rights and freedoms of natural persons.
Such measures may include, as appropriate:
- use of encrypted connections (HTTPS) for data in transit;
- logical access controls and authentication mechanisms;
- segregation of environments and data where reasonable;
- logging and monitoring to detect unusual activity;
- data backup and recovery procedures;
- security awareness for personnel with access to personal data.
The Controller is responsible for implementing appropriate technical and organisational measures within its own systems and for configuring and using the Service securely.
Assistance with rights requests
If the Processor receives a request from a data subject relating to personal data processed on behalf of the Controller, the Processor will, where reasonably possible:
- advise the data subject to direct the request to the Controller; and
- notify the Controller and, where necessary, assist the Controller in responding to the request.
The Controller is responsible for handling and responding to data subject requests (such as rights of access, rectification, erasure, restriction, portability, and objection) in accordance with applicable law.
Notification and cooperation
In the event of a personal data breach affecting personal data processed on behalf of the Controller, the Processor shall:
- notify the Controller without undue delay once it becomes aware of the breach; and
- provide the Controller with information reasonably required to comply with its legal obligations, including any obligations to notify supervisory authorities or data subjects.
The Processor will cooperate with the Controller to mitigate the effects of the breach and to support any required notifications, taking into account the nature of processing and the information available to the Processor.
How compliance can be checked
Upon a reasonable written request and subject to confidentiality, the Processor shall make available to the Controller the information necessary to demonstrate compliance with this DPA and Article 28 of the GDPR. This may include:
- summaries of security measures and policies;
- responses to reasonable security and privacy questionnaires;
- other documentation that the Processor normally makes available to customers.
Where such documentation is not sufficient, the Controller may, at its own cost and upon reasonable notice, conduct or mandate an audit limited to what is necessary to verify compliance with this DPA. Audits shall:
- be conducted during normal business hours and in a manner that minimises disruption;
- respect the confidentiality of other customers and the Processor's trade secrets;
- take into account any audit reports or third-party certifications already available.
What happens when the service ends
After the end of the provision of the Services relating to processing, the Processor shall, at the choice of the Controller:
- delete personal data; or
- return personal data to the Controller,
unless Union or Member State law requires storage of such data.
Unless otherwise agreed, the default approach is that personal data is deleted from active systems within a reasonable period after account closure and then from backups in accordance with the Processor’s data retention policies and technical constraints.
How does this DPA interact with the main agreement
The limitations of liability and indemnities set out in the Main Agreement apply to this DPA, subject to any mandatory provisions of applicable law.
In the event of a conflict between this DPA and other documents, the following order of precedence shall apply:
- this DPA (with respect to data protection and privacy);
- the Main Agreement (Terms of Service);
- any other agreements between the parties.
Applicable law and how to reach us
This DPA is governed by the laws of Finland, without regard to conflict-of-laws rules. Any disputes arising out of or relating to this DPA shall be resolved in accordance with the dispute resolution provisions set out in the Main Agreement.
If you have questions about this DPA or wish to request a signed enterprise version, you can contact:
SvereSystems – Privacy & Legal
Processor: Sveresa tmi (Y-tunnus 3592316-3), Finland
Email:
Processing details (GDPR Article 28)
Subject matter: Provision of the SvereSystems Service (lead/contact management, enrichment, outreach workflows, account administration).
Duration: For the term of the Main Agreement, plus any post-termination periods required for deletion/backup cycles as described in this DPA.
Nature and purpose: Hosting, storage, organisation, enrichment (where applicable), user access management, logging, security, and support.
Types of personal data: Names, business emails, job titles, company and role information, communication notes and metadata, user account and login data, usage/log data.
Categories of data subjects: The Controller's leads/prospects/customers, and the Controller's users (employees/contractors) using the Service.
Special categories: Not intended. The Controller shall not intentionally upload or process special categories of data via the Service.
Security measures (TOMs)
The Processor maintains appropriate technical and organisational measures, which may include:
- encryption in transit (HTTPS/TLS);
- access control and authentication mechanisms;
- least-privilege access for operational needs;
- logging and monitoring for security events;
- backup and recovery procedures;
- change management and incident response practices.
Note: Specific technical implementation details may evolve over time. The Processor will ensure that measures remain appropriate to the risk and aligned with GDPR Article 32.