Data Processing Agreement (DPA) for the "BrauMo Switch" data migration service
Convenience translation: This English version is provided for information only; the German version is the legally binding one. This agreement applies to every order of the "BrauMo Switch" data migration service and is incorporated into the order by § 12 of the terms. It covers this service only; for the BrauMo software itself the provider is not a processor (see the privacy policy, section 7: the software runs without any transfer of data to the provider).
Agreement on the processing of personal data on behalf of a controller under Art. 28 GDPR between the customer as controller and Jhael Tabrizi, Einzelunternehmen · BrauMo, Knaackstr. 68, 10435 Berlin, Germany (the "provider" or "processor").
Preamble
The customer orders from the provider the one-off transfer of its existing records (spreadsheet, CSV) into a new BrauMo database (the "migration"). Those records may contain personal data for which the customer is the controller within the meaning of Art. 4(7) GDPR. The provider processes that data only on behalf of and on the instructions of the customer. This agreement is concluded in electronic form when the contract for the service is formed (§ 12.6 of the terms) (Art. 28(9) GDPR); the customer receives it as a PDF on request.
§ 1 Subject matter and duration
The subject matter is the migration as described in § 12 of the terms. Processing begins when the customer's file reaches the provider and ends with the deletion under § 12 of this agreement, 30 days after delivery of the database.
§ 2 Nature and purpose of the processing
The provider creates a profile of the file (sheet names, column headers, data types, counts and value ranges), obtains a proposed mapping plan on that basis, submits the plan to the customer for approval, transfers the records after approval into a new database through a deterministic import, reconciles every row and delivers the database, the mapping plan and the reconciliation report. The sole purpose is to carry out the migration order. Records are moved, not assessed; no review under food, tax or any other law takes place.
§ 3 Types of data
Depending on the customer's records: names, contact details, addresses and payment terms of the brewery's customers and suppliers; names or initials of staff in free-text and responsibility fields; remarks. Production, recipe and batch data are usually not personal data but are treated as the customer's trade secrets, with the same care. Special categories of personal data (Art. 9 GDPR) are not part of the order; the customer does not transmit such data.
§ 4 Categories of data subjects
Contacts and staff of the customer; customers, suppliers and their contacts, as far as they are named in the transferred records.
§ 5 Instructions
The provider processes the data only on documented instructions from the customer, including with regard to transfers of personal data to a third country. Documented instructions are the order, the transmission of the file, the approval of the mapping plan by email, and corrections and further instructions by email. No database is written before the approval. If the provider considers an instruction unlawful, it informs the customer without delay and may suspend execution until the matter is clarified.
§ 6 Confidentiality
The provider is a sole trader and carries out the migration personally; no employees are involved. He is bound to confidentiality and treats the customer's data as a trade secret. Should he engage any person in future, he binds them to confidentiality in writing beforehand.
§ 7 Technical and organisational measures
Processing takes place in Germany, only on the provider's encrypted computer (FileVault), in a dedicated job folder readable only by the provider and excluded from any cloud synchronisation and from the computer's backup. Beyond the mailbox under § 8, the file is not uploaded to any cloud service. The transmission of the profile to the sub-processor (§ 8) is encrypted (HTTPS). Nothing is written without the express approval of the mapping plan by email; the approval email is kept, and the approver and the time are recorded in the job record. Every row is reconciled (rows = created + skipped + rejected); on any discrepancy nothing is delivered. The target file is always a new file. A detailed description of the measures is available from the provider on request.
§ 8 Sub-processors
With the order, the customer approves the following sub-processors:
| Sub-processor | Purpose and scope | Basis |
|---|---|---|
| Anthropic Ireland Limited, Dublin, Ireland (contracting entity for the EEA); processing by Anthropic PBC, San Francisco, USA | Proposal of the mapping plan by an AI model. Only a profile of the file is transmitted: the file name and a checksum of the file, the sheet names, the header row number and the row count per sheet; per column the header as written, the data type, the number of filled and distinct cells; for every text column the maximum length and the up to three most common masked patterns of its values with their counts (letters to A, digits to 9, separators kept) instead of samples (the profile carries the word "withheld" in their place); for number columns the smallest and largest value and hints on the decimal separator and glued units; for date columns the formats seen and the earliest and latest date; and a number written into a header. The smallest and largest values and the two dates are values from the customer's file. Never the file, a row or the text of a cell. Sheet names and headers are checked for email addresses, phone numbers, IBANs and title-plus-name patterns ("Mr Miller") before transmission; on a match the job is halted and continued only after consulting the customer. Under its Commercial Terms Anthropic does not use the content to train its models and states that it deletes inputs within 30 days. | Anthropic Commercial Terms of Service and Data Processing Addendum with EU Standard Contractual Clauses (Modules 2 and 3) |
| Microsoft Ireland Operations Ltd., Dublin, Ireland (Microsoft 365 / Exchange Online) | Operation of the hello@braumo.com mailbox through which the customer sends the file and receives the delivery, unless another channel is agreed | Microsoft Products and Services Data Protection Addendum |
If the provider intends to engage a further sub-processor or replace an existing one, it informs the customer by email before processing begins; the customer may object within 14 days. If the customer objects, either party may terminate the order; a fee already paid is refunded as far as the service has not yet been performed. The provider binds the sub-processor by contract to the same data protection obligations as set out in this agreement.
§ 9 Transfers to third countries
The profile under § 8 is processed in the USA. The transfer rests on the EU Standard Contractual Clauses forming part of the Anthropic Data Processing Addendum. The provider makes no further transfer to a third country; for the sub-processors, their contractual bases named in § 8 apply.
§ 10 Assistance with data subject rights
The provider assists the customer with appropriate technical and organisational measures in fulfilling the rights of data subjects under Art. 12 to 22 GDPR. If a data subject contacts the provider directly, the provider forwards the request to the customer without delay.
§ 11 Notification of personal data breaches
The provider notifies the customer of any personal data breach concerning the order without delay by email to the address the customer gave at the order and assists the customer in meeting its obligations under Art. 33 and 34 GDPR. The provider further assists the customer with a data protection impact assessment and a prior consultation of the supervisory authority (Art. 35 and 36 GDPR) as far as they concern this order.
§ 12 Deletion
The database, the mapping plan and the reconciliation report are delivered to the customer. 30 days after delivery the provider deletes the customer's file, the profile, the AI model's answers, the database and both reports from its computer, including any backup copies, and the emails by which the file arrived and the database was delivered from its mailbox (inbox and sent items), and confirms this to the customer by email. As evidence of proper performance the provider retains the job record and the machine mapping plan, and the customer's approval email; these contain the file name, the names of the sheets and columns, the field each column was mapped to, counts, the plan's assumptions (such as a code prefix, a year, a container size) and the name and time of the approval, but no rows and no text values. On the customer's request the provider deletes these documents as well, unless a statutory retention duty prevents it.
§ 13 Evidence and audits
The provider makes available to the customer all information necessary to demonstrate compliance with the obligations under Art. 28 GDPR, in particular the description of the technical and organisational measures and the record of processing activities as far as it concerns this service. An on-site inspection is possible after notice with a reasonable lead time and during normal business hours.
§ 14 Liability
Liability is governed by § 8 and § 12.9 of the terms. Art. 82 GDPR remains unaffected.
§ 15 Term and final provisions
This agreement applies for the duration of the order under § 1 and beyond it for as long as the provider retains documents under § 12. German law applies. In case of conflict, the provisions of this agreement take precedence over the terms as far as the processing of personal data is concerned; the GDPR takes precedence over both. Should a provision be invalid, the agreement remains valid otherwise.