Data Processing Agreement

1. Parties and purpose

This agreement is between the school or business using Snowdesk (the “Customer”, the controller) and Viveli (“Viveli”, the processor). It forms part of the Terms of Service and governs Viveli’s processing of personal data on the Customer’s behalf, in line with Art. 9 of the Swiss Federal Act on Data Protection (FADP) and, where it applies, Art. 28 of the EU General Data Protection Regulation (GDPR). It takes effect when the Customer accepts the Terms of Service and lasts as long as Viveli processes personal data for the Customer.

2. What is processed

· Subject and purpose: providing Snowdesk — storing, organising, displaying, sending and analysing the Customer’s records so that it can run bookings, lessons, staff, payments and payroll — together with support and security.

· People concerned: the Customer’s clients and the people in their parties (including children), its prospective clients, its staff and instructors, and its partners’ contact persons.

· Types of data: identity and contact details; booking, lesson and attendance records; levels, preferences and notes; payment and invoicing records; staff records — qualifications, availability, time off, training, pay rates and payroll; records of use and technical data.

· Sensitive data: safety notes that may reveal health information, where the Customer chooses to record them.

3. Instructions

Viveli processes the personal data only on the Customer’s documented instructions, which are given by these terms and by the Customer’s use and settings of Snowdesk, unless the law requires otherwise — in which case Viveli informs the Customer first, unless the law forbids it. Viveli tells the Customer without delay if it believes an instruction breaks data protection law.

4. Confidentiality

Viveli ensures that everyone authorised to process the personal data is bound to confidentiality and has access only as far as their work requires.

5. Security

Viveli maintains appropriate technical and organisational measures, set out in section 13, and adapts them to the state of the art and the risks. It may change them as long as the level of protection is not reduced.

6. Sub-processors

The Customer authorises Viveli to use sub-processors. The current ones are listed in section 14. Viveli informs the Customer by email at least 30 days before adding or replacing a sub-processor; the Customer may object on reasonable data protection grounds within that period and, if no solution is found, terminate the affected service with effect from the change. Viveli imposes on every sub-processor obligations that protect the data at least as well as this agreement, and remains responsible to the Customer for their performance.

7. Transfers abroad

Viveli transfers personal data to a country without adequate protection only with the safeguards the FADP and the GDPR recognise — in particular the standard contractual clauses approved by the European Commission and recognised by the FDPIC, or a certification under the Swiss-US or EU-US Data Privacy Framework.

8. Helping the Customer

Taking into account the nature of the processing, Viveli helps the Customer to answer requests from the people concerned — access, correction, deletion, restriction, objection, portability — largely through the export and erasure functions built into Snowdesk, and passes on without delay any such request it receives directly. Viveli also helps the Customer, with the information available to it, with data protection impact assessments, consultations with authorities, and its security obligations.

9. Personal data breaches

Viveli notifies the Customer without undue delay, and at the latest within 48 hours of becoming aware of it, of a breach of security affecting the Customer’s personal data. The notice describes, as far as known, what happened, the data and people concerned, the likely consequences and the measures taken or proposed. Viveli supports the Customer in notifying the authorities and the people concerned where the law requires.

10. End of the processing

When the agreement ends, the Customer may export its data for 30 days. Viveli then deletes the personal data within a further 60 days and confirms the deletion on request, unless the law requires it to keep the data. Backup copies are overwritten in their normal cycle and remain protected by this agreement until then.

11. Audits

Viveli makes available to the Customer the information needed to show that it meets this agreement. The Customer, or an auditor bound to confidentiality, may audit compliance once a year, or after a breach, with 30 days’ written notice, during business hours and without disrupting the service or other customers’ data. Each party bears its own costs.

12. Liability and precedence

Liability under this agreement follows the Terms of Service, except where the law does not allow it to be limited. Where this agreement and the Terms of Service differ on data protection, this agreement prevails. It is governed by the same law and jurisdiction as the Terms of Service.

13. Technical and organisational measures

· Access: individual accounts; passwords stored only as salted hashes; two-step sign-in available; sign-in attempts limited; sessions that expire; role-based permissions set by the Customer.

· Separation: every record is tied to one school, and every query is limited to the school of the person asking.

· Encryption: encrypted connections (TLS) everywhere; sensitive fields encrypted in the database; storage encrypted at rest by the hosting provider.

· Integrity and records: an audit trail of significant actions; protection against forged requests; checks on what may be entered.

· Availability: managed hosting with regular backups; monitoring and error reports.

· Organisation: access to production systems only for the people who need it; confidentiality obligations; review of these measures when the service or the risks change.

14. Sub-processors

· Supabase Inc. — database hosting — Frankfurt, Germany (EU).

· Railway Corporation, USA — application servers and cache.

· Vercel Inc., USA — hosting and delivery of the web application.

· Functional Software Inc. “Sentry”, USA — error monitoring — data stored in Germany (EU).

· Only when the Customer switches the feature on: an email delivery service; Twilio Inc., USA (text messages); Cloudflare Inc. (document storage, EU jurisdiction). Card payments run through Stripe, which acts as a controller in its own right under its own terms.