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Data Processing Addendum

Last updated October 7, 2026

This DPA forms part of the agreement between The Berchtold Group (“Processor”) and the customer (“Controller”) who has accepted our Terms of Service. It applies whenever Berchtold processes personal data on behalf of the Controller in connection with the Service. To execute a counter-signed copy, email [email protected].

1. Definitions

Terms not defined here have the meaning given in the GDPR (Regulation (EU) 2016/679), UK GDPR, or Swiss FADP as applicable. “Personal Data,” “Controller,” “Processor,” “Sub-processor,” and “Data Subject” have those statutory meanings.

2. Subject Matter and Duration

Berchtold processes Personal Data to provide the Service for the duration of the Controller's subscription, plus a limited post-termination period for billing and legal hold purposes (see Section 14).

3. Nature and Purpose of Processing

We process Personal Data only to (a) operate the Service as contracted, (b) respond to Controller instructions, (c) comply with legal obligations, and (d) ensure the security and integrity of the platform.

4. Type of Personal Data

The categories of Personal Data we typically process include:

5. Categories of Data Subjects

6. Controller Obligations

The Controller represents and warrants that:

7. Processor Obligations

Berchtold will:

8. Sub-processors

The Controller authorises Berchtold's engagement of the Sub-processors listed in Annex 1. We will give the Controller at least 30 days' notice (by email or in-app announcement) of any new Sub-processor engagement. The Controller may object on reasonable grounds, in which case the parties will work in good faith to resolve the objection; failing resolution, the Controller may terminate the Service.

Berchtold remains liable for the acts and omissions of its Sub-processors in the same manner as for its own.

9. International Transfers

Berchtold is established in the United States. Personal Data of EU/EEA, UK, and Swiss Data Subjects is transferred to the United States and, where Sub-processors host data elsewhere, to those jurisdictions.

For such transfers we rely on (a) the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914), Module 2 (Controller-to-Processor) or Module 3 (Processor-to-Processor) as applicable; (b) the UK International Data Transfer Addendum where the data exporter is UK-based; and (c) the equivalent Swiss FADP transfer instrument. The SCCs are deemed incorporated into this DPA by reference and prevail in the event of conflict.

10. Security Measures

See Annex 2 for the technical and organisational measures we maintain. We will not materially reduce these measures during the term of the subscription.

11. Data Subject Rights

Where the Controller cannot fulfil a Data Subject Rights request directly through the Service's self-serve tools (export/delete on Profile, member removal from Org admin), we will assist on reasonable written request to [email protected] and respond within 30 days.

12. Audits

On the Controller's written request (no more than once per 12-month period, except following a material security incident or as required by a supervisory authority), Berchtold will provide a copy of our most recent independent audit report (when available), our security questionnaire response, and answer reasonable follow-up questions. On-site audits are by mutual agreement and at the Controller's expense.

13. Data Breach Notification

We will notify the Controller without undue delay and no later than 72 hours after becoming aware of a Personal Data Breach affecting the Controller's data. Notification will include the information required by Article 33(3) GDPR to the extent known at the time of notification, with updates as the investigation progresses.

14. End of Processing

Customer Content stays available after a subscription ends, so the Controller can export it or choose a plan again. Admins can export contacts from the CRM, and we will provide other Customer Content on reasonable written request. On written request from the Controller, Berchtold will delete (or anonymise) Customer Content within 30 days, except for (a) backups, which expire within 14 days, and (b) records we are legally required to retain. These exceptions remain subject to the confidentiality and security obligations of this DPA until destroyed.

15. Liability

Each party's liability under this DPA is subject to the limitations of liability in the Terms of Service. Nothing in this DPA limits either party's liability for damages caused by infringement of the GDPR to the extent such liability cannot be limited under applicable law.

16. Conflicts

In the event of any conflict between this DPA and the Terms of Service, this DPA prevails with respect to the processing of Personal Data. In the event of any conflict between this DPA and the SCCs, the SCCs prevail.

17. Governing Law

Except where the SCCs require otherwise (in which case the law designated by the SCCs governs the SCCs), this DPA is governed by the law of the State of Missouri, United States.

Annex 1 — Sub-processors

Current Sub-processors authorised under this DPA:

These services process Personal Data only when the Controller or its users connect them, and are governed by their providers' terms:

Annex 2 — Security Measures

Questions or DPA signature requests: [email protected]