Data Processing Agreement

Standard contractual clauses between controllers and processors, adopted by the European Commission under Article 28(7) of Regulation (EU) 2016/679 — Commission Implementing Decision (EU) 2021/915 of 4 June 2021.
Processor: WebQuickster, Denmark, CVR 32394159, EU VAT DK32394159.
Version 1.0

These Clauses form an integral part of the WebQuickster Terms of Service. By ordering or using the services, the customer, as controller, agrees to these Clauses with WebQuickster as processor. Annex I is completed with the customer's account details at the time of ordering. A logged-in customer can view the version of these Clauses accepted on their account, with Annex I completed, in the WebQuickster dashboard.

Section I

Clause 1 — Purpose and scope

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).
2. The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.
3. These Clauses apply to the processing of personal data as specified in Annex II.
4. Annexes I to IV are an integral part of the Clauses.
5. These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679.
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.

Clause 2 — Invariability of the Clauses

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

Clause 3 — Interpretation

1. Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
2. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
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 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 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.

Section II — Obligations of the Parties

Clause 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 Annex II.

Clause 7 — Obligations of the Parties

7.1. Instructions

1. 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.
2. The processor shall immediately inform the controller if, in the processor's opinion, instructions given by the controller infringe Regulation (EU) 2016/679 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 Annex II, 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 Annex II.

7.4. Security of processing

1. The processor shall at least implement the technical and organisational measures specified in Annex III 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.
2. 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

1. The Parties shall be able to demonstrate compliance with these Clauses.
2. The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
3. 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. 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.
4. 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.
5. 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

1. 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. The agreed list of sub-processors is set out in Annex IV.
2. 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.
3. 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 secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
4. 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.
5. 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

1. 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.
2. 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.

Clause 8 — Assistance to the controller

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.
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 (a) and (b), the processor shall comply with the controller's instructions.
3. In addition to the processor's obligation to assist the controller pursuant to Clause 8(b), 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:
   1. 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;
   2. 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;
   3. 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;
   4. the obligations in Article 32 of Regulation (EU) 2016/679.
4. The Parties shall set out in Annex III 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.

Clause 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, 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:

1. 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);
2. 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:
   1. 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;
   2. the likely consequences of the personal data breach;
   3. 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.

3. 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:

1. a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
2. the details of a contact point where more information concerning the personal data breach can be obtained;
3. its likely consequences and the measures taken or proposed to be taken to address the breach, including 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.

The Parties shall set out in Annex III 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

Clause 10 — Non-compliance with the Clauses and termination

1. Without prejudice to any provisions of Regulation (EU) 2016/679, 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.
2. The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
   1. 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;
   2. the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679;
   3. 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.
3. 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.
4. 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.

Annex I — List of parties

Controller

Processor

Annex II — Description of the processing

Categories of data subjects whose personal data is processed

Determined by the controller. Typically:

• visitors to the controller's websites;
• registered users and customers of the controller's websites, including WordPress and WooCommerce accounts;
• senders and recipients of e-mail sent to or from mailboxes hosted on the service;
• the controller's employees, contractors and other persons to whom the controller grants access to the hosting account;
• any further categories of data subjects the controller chooses to store on the service.

Categories of personal data processed

Determined by the controller. Typically:

• identification and contact data: names, e-mail addresses, postal addresses, telephone numbers;
• account data: usernames, hashed passwords, roles and permissions;
• technical data: IP addresses, user agents, session identifiers, server and application log entries;
• content data: text, images, documents and other files uploaded by or on behalf of data subjects;
• order and payment-related data recorded in the controller's own applications, for example WooCommerce order records;
• e-mail content, attachments and metadata for mailboxes hosted on the service;
• any further categories of personal data the controller chooses to store on the service.

Sensitive data processed (if applicable) and applied restrictions or safeguards

The service is not designed for the processing of sensitive data. The controller shall not store data within the scope of Article 9 or Article 10 of Regulation (EU) 2016/679 on the service without first informing WebQuickster in writing, so that the specific restrictions and additional safeguards required under Clause 7.5 can be agreed and recorded in this Annex before such processing begins.

Where such processing is agreed, the safeguards recorded here shall as a minimum include strict purpose limitation, access restricted to named personnel, logging of all access to the data concerned, and a prohibition on onward transfer outside the sub-processors listed in Annex IV.

Nature of the processing

Storage, hosting and technical operation of one or more WordPress websites and associated databases, mailboxes and domains on the controller's behalf. This includes: storing and serving data; executing the controller's application code; operating staging environments; creating, retaining and restoring backups; transmitting, receiving, storing and filtering e-mail; scanning stored data for malware and spam; generating and retaining server and access logs; and providing technical support at the controller's request, which may involve access to the controller's data where necessary to resolve a reported issue.

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

Solely to provide, secure, maintain and support the hosting services ordered by the controller under the WebQuickster Terms of Service. WebQuickster does not process the controller's personal data for its own purposes, and in particular does not use it for profiling, advertising, resale, or the training of machine learning models.

Duration of the processing

For the term of the hosting agreement, and thereafter only until the data has been deleted or returned in accordance with Clause 10(d). Backups consist of daily snapshots which are retained for the term of the hosting agreement, so that the controller can restore from any point within that term; on termination the backup repository is deleted together with the account data. Server and access logs are retained for 30 days. Account data of terminated accounts is deleted within 30 days of termination unless Union or Member State law requires longer storage; where such storage is required, only the data covered by that requirement is retained, for the period prescribed.

For processing by sub-processors: subject matter, nature and duration

See Annex IV.

Annex III — Technical and organisational measures

Measures of pseudonymisation and encryption of personal data

• TLS encryption for all hosted websites, provided at no charge via automatically issued and renewed certificates.
• TLS encryption for the WebQuickster dashboard and for e-mail transport (SMTP, IMAP, POP3).
• Administrative access to servers exclusively over SSH with encrypted key-based authentication.
• Account passwords stored as salted one-way hashes; plaintext passwords are not retained.
• Backups are encrypted at rest. The backup repository is encrypted with AES-256 and can only be read with the repository key, which is held separately from the backup data.
• Live storage volumes are not encrypted at rest. Confidentiality of data on live volumes is protected by per-account filesystem isolation in separate jails, per-account process and resource isolation, restricted administrative access, and the physical security measures of the data centre operator named in Annex IV.

Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services

• Each customer account runs in a separate jail with its own filesystem root, so that one account cannot read or write another account's files.
• Dedicated resources are enforced per account through Linux control groups (cgroups). CPU and memory are allocated per account and cannot be consumed by another account.
• Filesystem and process isolation between accounts; one separate database per website.
• Malware, antivirus and spam scanning of stored data and inbound mail.
• Host-level firewalling and network filtering.
• Operating system, web server, PHP and database software kept on supported versions and patched on a regular cycle.
• Monitoring of host and service availability with alerting.
• Redundant power and network connectivity at data centre level, provided by the sub-processor named in Annex IV.

Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident

• Automated daily snapshot backups of website files and databases.
• Self-service restore of files and folders available to the controller from the WebQuickster dashboard.
• Backup retention: snapshots are retained for the term of the hosting agreement, matching Annex II, so a restore is possible from any point within the term.
• Backups are stored in an encrypted repository, as described above.
• Restore procedure tested at least annually, with the result recorded.

Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures

• Review of these technical and organisational measures at least annually, and after any material change to the platform.
• Review of accounts and authorisations with access to customer data at least annually; access is withdrawn as soon as it is no longer necessary.
• Vulnerability scanning and patch review: operating system, web server, PHP and database packages are reviewed and patched on a regular cycle, and security updates are applied without waiting for the next cycle. Malware and virus scanning of stored data runs continuously (see below).

Measures for user identification and authorisation

• Individual named accounts for all WebQuickster personnel with administrative access; shared credentials are not used.
• Access granted strictly on a need-to-know basis, limited to what is necessary to implement, manage and monitor the contract.
• Administrative access to servers is by SSH key. Password authentication is not used for administrative access.
• Customer SSH access is authenticated by password and is confined to that customer's own jail; a customer cannot reach another account or the host system.
• Customer authentication to the dashboard uses an application token combined with e-mail verification, so that access requires both the stored credential and control of the registered e-mail address.

Measures for the protection of data during transmission

• TLS for website, dashboard and mail traffic as described above.
• Administrative and file transfer access over SSH/SFTP only; unencrypted FTP is not offered.

Measures for the protection of data during storage

• SSD storage in EU data centres, with per-account filesystem isolation in separate jails.
• Backups stored within the EU, in an AES-256 encrypted repository.
• Live storage volumes are not encrypted at rest, as stated above.

Measures for ensuring physical security of locations at which personal data are processed

• All processing takes place in data centres operated by the sub-processor named in Annex IV, located in Germany.
• Physical security measures at those facilities include perimeter security, access control with authorisation checks, video surveillance and continuous staffing. These measures are implemented and documented by the sub-processor.
• WebQuickster personnel have no physical access to the server hardware.

Measures for ensuring events logging

• Server, web server and mail logs recording access and system events.
• Logging of administrative access to customer environments.
• Log retention as stated in Annex II; logs are used only for security and operational purposes.

Measures for ensuring system configuration, including default configuration

• Standardised server build and account provisioning, so that new accounts inherit the same hardened configuration.
• Supported PHP versions with a documented upgrade path; server-side caching configured by default.
• TLS certificates issued and renewed automatically on provisioning, so that transport encryption is the default state rather than an opt-in.

Measures for internal IT and IT security governance and management

• Written confidentiality undertakings for all personnel with access to customer data.
• Documented procedure for handling personal data breaches, including assistance to and notification of the controller under Clause 9.
• Documented procedure for handling data subject requests forwarded by the controller under Clause 8.
• Documented procedure for adding or replacing sub-processors, including the 30 days' prior notice required by Clause 7.7(a).

Measures for certification/assurance of processes and products

• WebQuickster holds no certification under Article 42 of Regulation (EU) 2016/679.
• Certifications held by the sub-processor are listed in Annex IV.

Measures for ensuring data minimisation

• WebQuickster collects no personal data of the controller's data subjects on its own initiative; the content of the hosted environment is determined entirely by the controller.
• Log data is limited to what is required for security and operation of the service.

Measures for ensuring data quality

• The controller retains full administrative control over its data and can correct or delete it at any time via the dashboard, SSH or WP-CLI.
• WebQuickster informs the controller without delay if it becomes aware that data it processes is inaccurate or outdated, as required by Clause 8(c)(3).

Measures for ensuring limited data retention

• Retention periods for backups, logs and terminated accounts as stated in Annex II.
• Deletion or return of all personal data on termination in accordance with Clause 10(d), with written confirmation to the controller on request.

Measures for ensuring accountability

• These Clauses and Annexes are published and version-controlled; the applicable version and its effective date are recorded.
• Records kept of sub-processor notifications, breach notifications and data subject requests handled.

Measures for allowing data portability and ensuring erasure

• The controller has SSH and WP-CLI access on every plan and can export files, databases and mailboxes in standard formats at any time, without assistance from WebQuickster.
• A WordPress migration and backup plugin is installed automatically with every WordPress site, allowing the controller to export a complete site, including files and database, from the WordPress administration panel and import it elsewhere.
• The backup repository itself is held outside the customer environment in a dedicated format and is not directly downloadable. Where the controller wants a copy of the backup data rather than an export of the live site, WebQuickster provides it on request through the support system.
• Nothing in the hosting environment is locked: the controller retains control of wp-config.php, .htaccess and its own plugin and theme selection.
• On termination, data is deleted or returned at the controller's choice under Clause 10(d).

Specific measures to be taken by the processor to be able to provide assistance to the controller (Clause 8(d) and Clause 9.2)

• On the controller's request, WebQuickster will supply server and access logs relevant to a suspected incident, and information on the storage locations and categories of data held, to the extent available to it.
• WebQuickster will forward to the controller, without responding to it, any request received directly from a data subject, and will act on the controller's instructions in locating, exporting, correcting or deleting the data concerned.
• For a personal data breach affecting the controller's data, WebQuickster will provide the information listed in Clause 9.2(a) to (c), a single named point of contact, and any further information as it becomes available.
• WebQuickster will supply, on request, the information in this Annex and in Annex IV for the controller's own records of processing and data protection impact assessments.

Annex IV — List of sub-processors

The controller has given general written authorisation under Clause 7.7(a) for the engagement of sub-processors from the following agreed list. WebQuickster will give at least 30 days' written notice of any addition or replacement, so that the controller may object. This list is maintained and kept current on this page.

Parties that are not sub-processors

The following parties are named for transparency. None of them is a sub-processor within the meaning of Clause 7.7.