Data Processing Agreement

1. Anonify processes personal data for the Customer to provide the Service: software that helps redact personal data and other passages in documents before publication or disclosure.

2. This agreement runs for as long as the agreement for the Service, and after that for as long as Anonify still processes the Customer's personal data.

3. If there is a conflict about personal data, this agreement prevails over the terms and conditions. If the parties have signed their own data processing agreement, that one prevails.

1. Nature: storing uploaded documents, text recognition, automated analysis to mark possible personal data, showing suggestions, recording reviews, creating redacted exports, an audit log, user management, service emails, support and security.

2. Purpose: only providing the Service to the Customer. Anonify does not use the data for its own purposes or to train AI models.

3. Data subjects: anyone who appears in the uploaded documents, such as citizens, requesters, employees, third parties and children, and the Customer's users.

4. Types of data: the Customer decides what is uploaded. It may contain any type of data, including the Dutch citizen service number (BSN), special categories of personal data, criminal data and children's data. Of users: name, email address, organisation, role and login data.

1. Anonify processes personal data only on the Customer's documented instructions. The agreement for the Service, this agreement and the Customer's use of the Service count as instructions. This also applies to transfers outside the European Economic Area (EEA).

2. If the law requires Anonify to process otherwise, it informs the Customer in advance, unless the law prohibits this. If Anonify believes an instruction infringes the GDPR, it says so immediately.

3. The Customer decides which documents are uploaded and makes sure it is allowed to have that data processed.

Only persons who need access for the Service get access to personal data. Everyone working for Anonify who has access is bound to confidentiality in writing.

1. Anonify takes appropriate technical and organisational measures (Article 32 GDPR), suited to the possibly sensitive nature of the data. Anonify may change measures as long as the level of security does not drop.

2. We send the Customer a description of the measures on request. Email info@anonify.nl for this.

3. The Customer manages its own users' accounts and rights.

1. The Customer gives general authorisation for the use of sub-processors, such as for hosting and sending email.

2. On request, Anonify sends the Customer the list of sub-processors in writing within two working days, with name, seat, processing location and any transfer outside the EEA.

3. Anonify announces a new or replaced sub-processor by email at least 30 days in advance. The Customer may object with reasons within 14 days of that notice. If the parties cannot resolve it, the Customer may terminate the agreement free of charge before the change takes effect.

4. Anonify imposes at least the same obligations on sub-processors as in this agreement and remains responsible to the Customer for them.

Anonify transfers personal data to a country outside the EEA only if appropriate safeguards apply under Chapter V GDPR, such as an adequacy decision of the European Commission or standard contractual clauses. Which sub-processors process outside the EEA, and on what basis, is shown in the list under clause 6.2.

1. If Anonify receives a request from a data subject, it forwards it to the Customer within 5 working days and does not answer it itself.

2. Anonify reasonably assists the Customer with data subject requests, a DPIA, prior consultation with the Dutch Data Protection Authority and questions from regulators. Standard information is free. For further work Anonify may charge reasonable costs agreed in advance.

1. Anonify notifies the Customer of a personal data breach without undue delay and no later than 24 hours after becoming aware of it.

2. The notice contains what is known at that time: what happened, which data and data subjects, the consequences and the measures taken. Anonify updates the notice as more becomes known.

3. The Customer decides whether to notify the Dutch Data Protection Authority and data subjects.

1. The Customer may have compliance with this agreement checked once a year by an independent auditor bound to confidentiality, or more often if there is a specific indication of a shortcoming. The Customer announces an audit at least 30 days in advance.

2. The Customer bears the costs, unless the audit shows material shortcomings at Anonify. Anonify then fixes them at its own cost and bears the reasonable audit costs.

3. Anonify makes available the information needed to demonstrate compliance with Article 28 GDPR.

1. The Customer decides how long data stays in the Service and can delete documents itself.

2. The Customer exports its data before the agreement ends. After that, this is possible only on request by email. No later than 30 days after the end, Anonify deletes all of the Customer's personal data, unless the law requires it to be kept. Copies in backups then expire under the regular backup cycle and are used until then only for recovery.

3. The same applies to a free trial, counted from the end of the trial.

4. Suspension of access because of a payment arrear does not delete any personal data.

5. On request, Anonify confirms deletion in writing.

1. Liability is governed by clause 11 of the terms and conditions. Articles 82 and 83 GDPR continue to apply.

2. Obligations that by nature continue, such as confidentiality and deletion, remain in force after the end.

3. Dutch law applies. Disputes go to the District Court of Midden-Nederland.

Contact: info@anonify.nl. Customer: the email address given when ordering.