Data processing agreement

This data processing agreement is part of the sirefs terms of service. It uses the standard contractual clauses adopted by the Danish Data Protection Agency (Datatilsynet) under Article 28(8) GDPR, version 1.2 from March 2024, without changes to their wording. We have only filled in the fields and chosen between the options the template provides, and added terms in Appendix D that do not contradict the Clauses. If you need a copy signed by both parties, write to [email protected].

Standard Contractual Clauses

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

between

The customer that has created an account with sirefs, identified by the name, company registration number and address registered in the account

(the data controller)

and

Uneven Bits ApS

CVR 30487842

Dybbølsgade 39, 2. th.

1721 København V

Denmark

(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.

1. Table of Contents

• 2. Preamble
• 3. The rights and obligations of the data controller
• 4. The data processor acts according to instructions
• 5. Confidentiality
• 6. Security of processing
• 7. Use of sub-processors
• 8. Transfer of data to third countries or international organisations
• 9. Assistance to the data controller
• 10. Notification of personal data breach
• 11. Erasure and return of data
• 12. Audit and inspection
• 13. The parties’ agreement on other terms
• 14. Commencement and termination
• 15. Data controller and data processor contacts/contact points
• Appendix A Information about the processing
• Appendix B Authorised sub-processors
• Appendix C Instruction pertaining to the use of personal data
• Appendix D The parties’ terms of agreement on other subjects

2. Preamble

2.1. 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.

2.2. 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).

2.3. In the context of the provision of sirefs, a service that monitors how AI answer engines mention and cite brands and audits websites for AI engines, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.

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

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

2.6. 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.

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

2.8. 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.

2.9. Appendix D contains provisions for other activities which are not covered by the Clauses.

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

2.11. 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.

3. The rights and obligations of the data controller

3.1. 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[^1] data protection provisions and the Clauses.

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

3.3. 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.

4. The data processor acts according to instructions

4.1. 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.

4.2. 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.

5. Confidentiality

5.1. 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.

5.2. 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.

6. Security of processing

6.1. 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.

6.2. 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.

6.3. 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 organisational 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.

7. Use of sub-processors

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

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

7.3. The data processor has the data controller’s general authorisation 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 30 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 authorised by the data controller can be found in Appendix B.

7.4. 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 organisational 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.

7.5. 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.

7.6. Not included. This Clause is optional.

7.7. 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.

8. Transfer of data to third countries or international organisations

8.1. 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.

8.2. 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.

8.3. 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

8.4. 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.

8.5. 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.

9. Assistance to the data controller

9.1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational 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

9.2. 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 (the Danish Data Protection Agency) or, for a data controller established in another EEA country, the supervisory authority of that country, 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 (the Danish Data Protection Agency) or, for a data controller established in another EEA country, the supervisory authority of that country, 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.

9.3. The parties shall define in Appendix C the appropriate technical and organisational 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.

10. Notification of personal data breach

10.1. 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.

10.2. The data processor’s notification to the data controller shall, if possible, take place within 48 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.

10.3. 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 breach 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.

10.4. 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.

11. Erasure and return of data

11.1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so.

11.2. Not relevant. No EU or Member State law requires the data processor to store the personal data after the termination of the provision of personal data processing services.

12. Audit and inspection

12.1. 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.

12.2. Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendices C.7. and C.8.

12.3. 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.

13. The parties’ agreement on other terms

13.1. 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.

14. Commencement and termination

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

14.2. 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.

14.3. 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.

14.4. 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.

14.5. Signature

On behalf of the data controller

Accepted electronically when the data controller accepted the sirefs terms of service, see Appendix D.1.

On behalf of the data processor

Name Klaus Byskov Pedersen

Position CEO

Date 6 October 2026

Signature (signed copy available on request)

15. Data controller and data processor contacts/contact points

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

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

The data processor

Name Klaus Byskov Pedersen

Position CEO

Telephone +45 53 62 54 81

E-mail [email protected]

The data controller

The owner of the data controller's sirefs workspace, at the name, telephone number and e-mail address registered in the account.

Appendix A Information about the processing

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

To provide sirefs to the data controller: monitoring of how AI answer engines mention, rank, recommend and cite the data controller's brands and competitors in their answers to the prompts the data controller chooses, analysis of those answers, the GEO audit of websites, and the presentation of the results in the dashboard, in exports and in e-mails to the members of the data controller's workspace.

A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):

Receiving and storing the data controller's project settings (brands and their aliases and domains, competitors, prompts, markets, engines and brand facts); sending the prompts to AI engines through data vendors and the engines' APIs and collecting the answers, the sources they cite and the raw responses; analysing the answers (matching brand names, and classifying the brands mentioned, recommendations, sentiment and claims with a language model); reading the public pages of websites for the GEO audit and for suggestions during onboarding; showing, exporting and e-mailing the results; and erasure.

A.3. The processing includes the following types of personal data about data subjects:

sirefs is designed to process information about brands and companies, not about people. Personal data occurs only incidentally:

• Project settings: names of natural persons that the data controller enters as a brand, competitor or alias (for example, a consultant trading under their own name), or writes into a prompt or the brand facts.
• Collected answers: names of natural persons and other information about them that AI engines include in their answers to the data controller's prompts, or that appear in the addresses and titles of the pages the engines cite (for example, a founder named in an answer).
• Public web pages: personal data on the public pages read for the GEO audit or onboarding (for example, names on an about page). The audit stores its findings and the addresses of the pages read, not the pages themselves.

The service is not designed for special categories of personal data (Article 9 GDPR), and the data controller shall not enter such data in its project settings.

A.4. Processing includes the following categories of data subject:

Persons named in the data controller's project settings, and persons named in the answers collected for the data controller's prompts or on the public pages read for the data controller.

A.5. 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 lasts for as long as the data controller uses sirefs. Storage periods and erasure are described in Appendix C.4.

Appendix B Authorised sub-processors

B.1. Approved sub-processors

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

The data controller shall on the commencement of the Clauses authorise 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 authorisation, 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.

B.2. Prior notice for the authorisation of sub-processors

No longer notice periods have been agreed. Clause 7.3 applies to all sub-processors.

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:

The data processor provides sirefs as described in Appendix A, according to the settings the data controller chooses in the sirefs dashboard. These settings form part of the data controller's documented instructions. They include the projects, brands, aliases, competitors, prompts, markets and engines to track, how often prompts are checked, which websites are audited, and which e-mails are sent to which members. The data processor's employees may access the personal data only when needed to operate, support and troubleshoot the service for the data controller. The data processor does not use the personal data for its own purposes, including to train language models, and never sells it.

C.2. Security of processing

The level of security shall take into account:

The processing concerns information about brands and companies, in which personal data occurs only incidentally and is mainly ordinary personal data that is already public (names in AI answers and on public web pages). The level of security is set accordingly, with focus on access control, encryption in transit and data minimisation.

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:

Pseudonymisation and encryption. All connections between users, the dashboard, the API and the data processor's servers, and to the sub-processors, are encrypted with TLS. Raw answers and backups are stored in Cloudflare R2, which encrypts data at rest. Passwords for dashboard accounts are stored only as hashes.

Confidentiality, integrity, availability and resilience. Access to data in the service is limited per workspace and role (owner, admin, member). Only the data processor's employees who need it to operate and support the service have access to production systems, and they are bound by confidentiality. Administrative access to the servers requires SSH keys; password login is disabled. Databases and internal services are not reachable from the internet. Updates are deployed so that they can be rolled back.

Restoring availability and access. The database is backed up every night to separate storage (Cloudflare R2), and backups are kept for 30 days. After a physical or technical incident, the data processor can restore the service and the data from backup.

Regular testing and evaluation. Changes are tested before release, using the service's automated tests, and the web applications are type-checked on every build. At least once a year the data processor reviews its technical and organisational measures, access rights and sub-processors, and updates them as needed.

Access to data over the internet. The data controller's users access data through the dashboard over HTTPS, with login by e-mail and password or Google, session cookies that are httpOnly and Secure, and roles per workspace. The data processor's own administration requires a Google account in the data processor's domain.

Data in transmission. TLS as described above. E-mails are sent through Brevo using TLS.

Data in storage. Personal data is stored in the data processor's database on its hosting provider's servers in the EU and in Cloudflare R2 (raw answers and backups). Personal data is not stored on employees' computers, except temporarily when necessary for troubleshooting, after which it is deleted.

Physical security. The servers are in the hosting provider's data centre, where the hosting provider is responsible for physical access control. The data processor does not keep servers or personal data on paper at its own premises.

Home and remote working. Work is done from the office and from home on computers with disk encryption, screen lock and updated operating systems. Production systems are accessed only through encrypted connections.

Logging. Errors are logged in Sentry. Logins to the servers are logged by the operating system.

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 processor assists the data controller with requests from data subjects and with the obligations in Clause 9.2, to the extent the information is available to the data processor. Much of this the data controller can do in the dashboard: see every collected answer, export answers and mentions (on plans that include exports), and change or remove brands, competitors, aliases and prompts. On request by e-mail to [email protected], the data processor finds and extracts or erases the answers or settings that mention a particular person, based on the information the data controller provides.

When notifying a personal data breach under Clause 10, the data processor provides, as far as available: what happened and when; which workspaces, projects and time period are affected; the types of personal data and the approximate number of records and data subjects; the likely consequences; the measures taken or proposed; and a contact person.

C.4. Storage period/erasure procedures

The data controller's project settings and the answers collected for its prompts are kept until the data controller removes them or the account is closed. Backups are kept for 30 days, so erased data disappears from backups no later than 30 days after.

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.

The data controller can export its data from the dashboard, on plans that include exports, until the account is closed. After termination, the data processor erases the data controller's personal data within 30 days, and from backups within a further 30 days.

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 authorisation:

• Uneven Bits ApS, Dybbølsgade 39, 2. th., 1721 København V, Denmark, and its employees' homes (remote work): the data processor, for operation, support and development through encrypted connections.
• The hosting provider's data centre in the EU (servers and database).
• The sub-processors in Appendix B, at the locations stated there.

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

The data controller instructs the data processor to transfer personal data to the USA, Israel and other third countries where the sub-processors process data under their data processing agreements, to the extent necessary to use the sub-processors in Appendix B: Anthropic and xAI (answers and analysis), Bright Data (collection of answers), Cloudflare (network and storage) and Sentry (error monitoring).

• Anthropic Ireland, Limited: the European Commission's standard contractual clauses (Article 46(2)(c) GDPR) in its data processing agreement, for transfers to its US affiliates and sub-processors.
• SpaceXAI LLC (xAI): the European Commission's standard contractual clauses (Article 46(2)(c) GDPR), incorporated in its data processing agreement.
• Bright Data Ltd.: the European Commission's adequacy decision for Israel (Article 45 GDPR).
• Cloudflare, Inc. and Functional Software, Inc. (Sentry): the European Commission's adequacy decision for the EU-US Data Privacy Framework (Article 45 GDPR), as both are certified, and otherwise the standard contractual clauses in their data processing agreements.
• DataForSEO OÜ and Sendinblue SAS (Brevo): process data in the EU; any onward transfer takes place under the safeguards stated in their data processing agreements.

If the data controller does not in the Clauses or subsequently provide documented instructions pertaining to the transfer of personal data to a third country, the data processor shall not be entitled within the framework of the Clauses to perform such transfer.

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 processor shall once a year, at the data controller's request and at the data processor's expense, provide a written statement on its compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses, including an updated description of the technical and organisational measures and of the sub-processors. The data controller may contest the scope and/or methodology of the statement and may in such cases request further documentation.

The data controller or an auditor mandated by the data controller and bound by confidentiality may in addition inspect, including physically inspect, the places where the processing of personal data is carried out by the data processor, including systems used for and related to the processing, when the data controller deems it required. Inspections shall be announced in writing at least 30 days in advance, unless there is a specific reason for a shorter notice, such as a personal data breach.

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.

C.8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors

The data processor supervises its sub-processors by reviewing, at least once a year, their data processing agreements and the documentation they publish on their security and compliance, such as certifications and independent audit reports, where available. As the sub-processors are providers of standardised cloud and data services, the supervision is based on this documentation rather than physical inspections. Documentation for the supervision shall on request be submitted to the data controller for information.

Appendix D The parties’ terms of agreement on other subjects

D.1. Acceptance. The Clauses form part of the sirefs terms of service and are accepted electronically when the data controller creates an account with sirefs or accepts updated terms. Electronic acceptance takes the place of the signatures in Clauses 14.1 and 14.5. On request, the data processor provides a copy signed by both parties.

D.2. Unlawful instructions (Clause 4.2). If the data processor considers that an instruction contravenes the GDPR or other data protection provisions, the data processor may suspend the part of the processing covered by the instruction until the data controller has confirmed, changed or withdrawn it. If the parties cannot agree, either party may terminate the service with immediate effect.

D.3. Objection to sub-processors (Clause 7.3). If the data controller objects to an added or replaced sub-processor on reasonable grounds relating to data protection and the parties cannot find a solution, the data controller may terminate the subscription before the change takes effect. The data processor then refunds any amount paid for the period after termination.

D.4. Assistance. Assistance under Clauses 9 and 10 and Appendix C.3 and C.7 is provided free of charge to a reasonable extent. If the data controller requests assistance beyond that, the data processor may charge for its time at its hourly rate at the time, after agreeing it with the data controller in advance.

D.5. Changes. The data processor may update Appendix C to reflect changes in the service or its security measures, provided the level of protection is not reduced, and informs the data controller by e-mail of material changes. Changes to sub-processors follow Clause 7.3.

D.6. Liability. Liability between the parties follows the sirefs terms of service. This does not limit the data subjects' rights under the GDPR, including Articles 79 and 82.

D.7. Notices and law. Notices under the Clauses are sent by e-mail, to the data controller at the e-mail address of the workspace owner and to the data processor at [email protected]. The Clauses are governed by Danish law, and disputes are settled as set out in the sirefs terms of service.

[^1]: References to ”Member States” made throughout the Clauses shall be understood as references to “EEA Member States”.