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flair.hr GmbH

Data Processing Agreement (DPA) pursuant to Art. 28 (7) GDPR based on the Standard Contractual Clauses 2021/915 between Controllers and Processors within the EU

Section I Standard Contractual Clauses

1 Purpose and scope

1.1 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).

1.2 The controllers and processors listed in Schedule 1 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.

1.3 These Clauses apply to the processing of personal data as specified in Schedule 2.

1.4 Schedule 1 to Schedule 4 are an integral part of the Clauses.

1.5 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.

1.6 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.

2 Invariability of the Clauses

2.1 The Parties undertake not to modify the Clauses, except for adding information to the Schedules or updating information in them.

2.2 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.

3 Interpretation

3.1 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.

3.2 These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

3.3 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.

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.

5 Docking clause

5.1 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 Schedules and signing Schedule 1.

5.2 Once the Schedules 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 Schedule 1.

5.3 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

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 Schedule 2.

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 Schedule 2, 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 Schedule 2.

7.4 Security of processing

(a) The processor shall at least implement the technical and organisational measures specified in Schedule 3 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 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 secrets 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.

8 Assistance to the controller

8.1 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.

8.2 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 clause 8.1 and 8.2, the processor shall comply with the controller’s instructions.

8.3 In addition to the processor’s obligation to assist the controller pursuant to Clause 8.2, 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:

(a) 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;

(b) 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;

(c) 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;

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

8.4 The Parties shall set out in Schedule 3 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.

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:

(i) 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;

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

(iii) 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 Schedule 3 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

10 Non-compliance with the Clauses and termination

10.1 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.

10.2 The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

(a) 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;

(b) 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;

(c) 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.

(d) 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.

(e) 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.

Schedule 1 List of Parties

Controller(s): [Identity and contact details of the controller(s), and, where applicable, of the controller’s data protection officer]

1. Name:

Address:

Contact person’s name, position and contact details:

Signature and accession date:

Processor(s): [Identity and contact details of the processor(s) and, where applicable, of the processor’s data protection officer]

flair.hr GmbH
c/o Fibusys GmbH
Elsenheimerstr. 5
80687 Munich

Data Protection Officer (DPO): Evgenii Pavlov, [email protected]

Signature and accession date:

Schedule 2 Description of the Processing

1 Categories of data subjects whose personal data is processed

flair HR processes data related to company staff. Company staff typically includes the following employment classifications:

(a) Employees

(b) Freelancers

(d) Trainees/apprentices

(e) Student employees / working students

(f) Agency workers

2 Categories of personal data processed

2.1 In general, the personal data to be processed is the data that the employer stores and/or processes as part of an employment relationship. The data processed varies depending on which data the client enters into the system. Typically, the following categories of personal data are processed:

(a) Basic personal data (eg first name, surname, gender, birthdate, place of birth, personal ID number, nationality, etc.)

(b) Data concerning personal/professional circumstances and attributes

(i) Data concerning the subject’s spouse, children and marital status, portrait photo, etc.

(d) Data related to online activities (log-in details, IP addresses, and other metadata)

(e) Contractual details (eg contractual relationship, product interests, contract interests, products purchased, date of purchase agreement, purchase price)

(f) Contract, billing and payment data

(g) Usage data

(h) Data related to planning and project management

(i) Special categories of personal data, including:

(i) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data (fingerprints, voice recognition data, iris scans, etc.), data concerning health, and data concerning a person’s sex life and sexual orientation

(j) Disclosed information (from third parties such as credit agencies or public directories)

(k) Recipients and senders of messages addressed to or sent by the client

(l) Customer system login details

(m) Live data from customer systems (production data)

(n) Customer log files (names of users of IT systems and applications, and IP addresses)

(o) All other data collected according to the customer’s own configuration

2.2 The categories of data subjects include:

(a) The client’s employees

(b) The processor’s contacts that can be attributed to the client (any natural person who does not fall under the definition of employee, such as partner company employees (eg employees of a supplier, service providers, joint venture, or temporary employment agency) and group employees (employees from another group company))

(d) Children (as defined by the applicable national law)

2.3 Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures

Not applicable.

2.4 Nature of the processing

Data is collected, processed, and stored via the flair HR app in the client’s Salesforce instance. The configuration and license allocation clearly defines which data each user can access. Access to data can be restricted in the system so that only authorised users can use, query, analyse, back-up, view and delete data.

2.5 Purpose(s) for which the personal data is processed on behalf of the controller

flair HR is an HR software solution built on the Salesforce platform, offering a user-friendly interface for HR management and recruitment. flair HR is suitable for companies of all sizes and any working style. It helps improve HR processes, including applicant management, time tracking, absence management, document management, digital employee records, payroll preparation, employee self-service, feedback cycles, performance reviews, and employee surveys.

2.6 Duration of the processing

The duration of the processing is determined by the Term of the SaaS-Agreement (as defined therein) between the Controller and the Processor concluded based on the Terms and Conditions for SaaS of flair.hr.

2.7 Subject of the processing

The subject matter of the processing is determined by the SaaS-Agreement between the Controller and the Processor for the use of the SaaS-Solution, which is provided by the Processor, by the Controller. The SaaS-Solution is an HR software solution built on the Salesforce platform, offering a user-friendly interface for HR management and recruitment. The SaaS-Solution is suitable for companies of all sizes and any working style, and helps improving HR processes, including applicant management, time tracking, absence management, document management, digital employee records, payroll preparation, employee self-service, feedback cycles, performance reviews, and employee surveys.

2.8 The following tasks to be performed by the processor are included:

(a) flair.hr only has access to the customer’s data if support user access is granted to flair.hr GmbH. Support user access can be revoked by the customer at any time.

(b) flair.hr offers onboarding and technical setup services which require temporary access to data. One example of such a service is uploading data to the flair HR app.

Schedule 3 Technical and Organisational Measures

This Schedule 3 describes the technical and organisational measures implemented by the processor in connection with the processing of personal data

1 Data protection and data security concept

1.1 The following catalogue of measures describes the individual technical and organisational measures to be taken in the context of data processing activities carried out by the processor in accordance with Art. 24 (1) of the EU GDPR. The GDPR requires companies to secure the processing of personal data by appropriate technical and organisational measures and to anonymise or pseudonymise personal data wherever possible. The measures taken must take into account the risk of the respective data processing activities and correspond to the current state of the art. The processor meets these requirements through the effective interaction between data protection management and information security management and has taken appropriate measures to safeguard the processing of personal data. These data protection principles should also be carefully considered: availability, confidentiality, integrity and resilience. The data protection principles are based on the following definitions relevant to information security:

1.2 Confidentiality: Data, information and programs shall be protected from unauthorised access and disclosure. Integrity: The term integrity refers to the correctness of the information and data processed.

1.3 Availability: The term availability refers to the functionality and retrievability of information, data, applications and systems. Resilience: As a special aspect of availability, resilience is the requirement that systems must be designed to be as resistant as possible even in the event of a malfunction, error or overload.

2 Physical infrastructure security

2.1 Location / Company premises

(a) The processor premises are separated from public areas by:

(i) Lockable door

(ii) Separate offices in a building complex

(b) There are no other parties in the building who have access to the company premises.

(c) An access control system is used to limit access to rooms where personal data is processed. The processor premises or parts of it are secured by a gatekeeper or security guard.

(d) Processor premises are secured with an alarm system.

(e) Visitors are registered using the following:

(i) Visitor badges

(ii) Visitor register

(iii) Reception

(f) Rooms with access to personal data are lockable.

(g) Personal data is not accessible in public areas.

(h) Areas where the processing of special category data (eg applicant/health data) takes place are physically separated from other workplaces.

3 Server systems

3.1 Server infrastructure

Virtualised servers are used.

4 Network structure

4.1 Network architecture

(a) The WLAN is encrypted as follows:

(i) WPA 3

(b) There is a client/server segmentation.

4.2 Remote network access

(a) State-of-the-art network devices (hubs, switches) are used in the processor.

(b) Secure procedures are used for remote access to the corporate network.

(i) SSH (Secure Shell)

(d) Remote access is secured as follows:

(i) Username and password

5 Business continuity

5.1 Recoverability

(a) Data backups of the relevant systems are carried out (regularly).

(b) The following is responsible for performing backups:

(i) Cloud provider

(ii) External service provider

(i) Log data

(ii) Configurations (settings and shares)

(iii) Data

(iv) User accounts

(d) The following type of data backup is carried out in the company:

(i) Incremental backup

(e) In the processor company, fuses are stored in a separate fire compartment.

(f) In the processor company, data backup procedures are regularly tested and adjusted if necessary.

(g) In the processor company, backups are stored in encrypted form.

5.2 Emergency prevention

(a) The people responsible have been defined and made aware.

(b) Administrator access has been stored in the company for emergencies.

6 Terminal devices

6.1 Client structure and management

(a) The processor has a documented process for issuing processor-owned items to employees.

(b) The processor shall ensure that all processor -owned items relating to personal data are reclaimed from a departing person. Devices are returned to the IT inventory for further use via a regulated reintegration management.

6.2 Storage device management

(a) The processor has a test and approval procedure for mobile phone/tablet computer applications.

(b) In the processor company, users of portable devices are required to store them appropriately (eg in a lockable container).

(d) Complex access locks exist in the processor company for the portable end devices used.

(e) In the processor company, storage devices (including paper files) are disposed of regularly.

7 Data transfers

7.1 Data transfers & communication

(a) The following encryption methods are used for sending emails:

(i) In the processor company, emails are encrypted during transmission using appropriate procedures/protocols (SSL/TLS).

(b) In the processor company, archived emails are stored in encrypted form.

(c) Individual data objects, such as containers, folders or individual files (file and folder encryption), are encrypted before data transfer.

8 Personnel

8.1 Employees awareness

(a) Raise the awareness of employees on how to deal with external parties.

(b) Relevant information policies and recommended actions are easy to find for employees in the company.

8.2 Permission management

(a) In the processor company, access and access authorisations are assigned on the basis of the function of the access or access authorised person.

(b) The processor has a separation of roles process in place to avoid permissions that conflict with each other.

(c) In the processor company, it is ensured that all access authorisations and access permissions of a departing person are blocked promptly and deleted if necessary.

(d) In the processor company, access authorisations are temporarily blocked in the event of longer absences.

(e) Administrators and their deputies have been appointed for all IT systems and IT networks in the company.

(f) Special administrator accounts are used in the company.

(g) In the processor company, the activities within the administrator accounts are logged.

8.3 Authentication procedures

(a) A password manager is used in the processor company.

(b) Password managers should offer an adequate security standard (eg through sufficient encryption) in order to use it in a compliant and reasonable manner.

(d) A single sign-on procedure is used in the processor company for login.

(e) In the processor company, multifactor authentication is used to log in via single sign on.

(f) In the processor company, unique identifiers are assigned to individual users of IT systems processing personal data.

(g) No unencrypted password lists exist in the processor company.

9 Organisation

9.1 Subcontractor controls

(a) A data processing agreement has been concluded with all service providers who carry out a part of the processing of personal data on the instructions of the processor.

(b) Instructions for the processing of personal data are only given to (sub-)processors in writing.

9.2 Software selection and development

(a) In the processor company, productive and development/test systems are separated from each other.

(b) In the processor company, access to the source code is restricted when developing software.

(d) The software is guaranteed to support multiple clients.

(e) Real user data is not used in test and development environments.

(f) In the processor, software is regularly updated and vulnerabilities are addressed.

(g) In the processor, standard software and updates are only obtained from trustworthy sources.

9.3 Other organisational measures

(a) A procedure exists to regularly review, assess and evaluate the effectiveness of the technical and organisational measures. In the processor company, it is possible to restrict and delete personal data upon request.

(b) Every processing of personal data is logged in the company is logged.

Schedule 4 List of sub-processors

The controller has authorised the use of the following sub-processors:

Sub-processors (entity name, address)	Categories of data processed	Applicable service (processing steps / purpose of sub-processing)	Sub-processor location
Salesforce.com	Depending on the customer’s configuration, all categories listed in Article 9 GDPR	HRMS hosting	Frankfurt
AWS	Depending on the customer’s configuration, all categories listed in Article 9 GDPR	Employee portal hosting	Frankfurt

Salesforce.com Sweden
Erika-Mann-Str. 31 - 80636 - Munich
Salesforce page on GDPR compliance

AWS Germany - Amazon Web Services
Krausenstraße 38, 10117 Berlin
GDPR compliance when using AWS services

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