Data Processing Agreement

Last modified: October 21, 2025

This is BriefBuilder’s Data Processing Agreement (“DPA”), which is an addendum to our Terms and Conditions (“Terms”). By accessing or using our application, you agree to be bound by both the Terms and this DPA.

Since we are processing personal data for you, we will hereafter be referred to as the “Data Processor” or “Processor”. You, as the customer of our services will be referred to as a “Company”, and jointly the “Parties”.

WHEREAS

(A) The Company acts as a Data Controller.

(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the 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).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1. Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
  1. “Agreement” means this Data Processing Agreement and all Schedules;
  2. “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;
  3. “Contracted Processor” means a Subprocessor;
  4. “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
  5. “EEA” means the European Economic Area;
  6. “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
  7. “GDPR” means EU General Data Protection Regulation 2016/679;
  8. “Data Transfer” means:
    1. a transfer of Company Personal Data from the Company to a Contracted Processor; or
    2. an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
  9. “Services” means the BriefBuilder Software-as-a-Service the Processor provides.
  10. “Courses” means the BriefBuilder courses the Processor may provide to employees of the Company or other organisations related to the Company.
  11. “Sub-processor” means any organisation appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.
2. The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Per-sonal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Company Personal Data

1. Processor shall:
  1. comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
  2. not Process Company Personal Data other than on the relevant Company’s documented instructions.
2. The Company instructs Processor to process Company Personal Data.
3. Company Personal Data to be processed is listed in Annex A.

3. Processor Personnel

1. Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and impact severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
2. In assessing the appropriate level of security, Processor shall take into account in particular, the risks that are related to preventing Personal Data Breach.
3. Processor is ISO/IEC 27001:2022 certified in order to protect all Company Data including Company Personal Data.

5. Subprocessing

1. By entering into this DPA, Company provides general authorization for Processor to engage Sub-processors to Process Company Personal Data. Processor must: (i) enter into a written agreement with each Sub-processor imposing data protection terms that require the Sub-processor to protect Company Personal Data to the standard required by Applicable Data Protection Law and to the same standard provided by this DPA; and (ii) remain liable to Company if such Sub-processor fails to fulfill its data protection obligations with regard to the relevant Processing activities under the Agreement.
2. Processor maintains an up-to-date list of its Sub-processors in Annex B. When Sub-processors are to be added or removed, Processor will inform the Company, at least thirty (30) days before allowing any new Sub-processor to Process Company Personal Data by email.
3. Company may object to Processor’s appointment of a new Sub-processor during the 30 day period before sub-processor activation. If the Company objects, the Company, as its sole and exclusive remedy, may terminate the applicable subscription(s) to BriefBuilder.

6. Data Subject Rights

1. Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
2. Processor shall:
  1. promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
  2. ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

1. Processor shall notify Company without undue delay and never later than 24 hours upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
2. Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation.

1. Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

1. Subject to this section 9 Processor shall within 2 months of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data. In the first month after cessation of services, the service remains accessible for data retrieval, after which all (personal) data is removed. After another month, data contained in backups is also deleted.
2. Processor shall provide, if requested by the Company, written certification to Company that it has fully complied with this section 9 within 2 months of the Cessation Date.

10. Audit rights

1. Subject to this section 10, Processor shall upon Controller’s written request and on at least 30 days’ notice to the Processor, make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.
2. Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

1. The Processor will keep all Company data including Company Personal data in the EU and/or the European Economic Area (EEA) with regards to the BriefBuilder Services.
2. For providing Courses, Processor may only transfer or authorize the transfer of Company Personal Data to countries outside the EU and/or the European Economic Area (EEA) if it relies on EU approved standard contractual clauses, the Sub-Processor is part of the EU-US Data Privacy Framework or the transfer is done based on an adequacy decision.

12. General Terms

1. Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.
2. Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement or the Subscription agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

1. This Agreement is governed by the laws of The Netherlands.
2. Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of The Netherlands.

IN WITNESS WHEREOF, this Agreement is entered into with effect from the date on entering the usage of the BriefBuilder Services or when signed below, whichever comes first.

Please note: If you prefer to receive a signed copy of this DPA, send us your company details and you will receive a copy already signed by us, ready for your signature.

Annex A. Processing list

Description of processing	Kind of Personal Data	Categories of data subjects	Purpose of processing	Applicable Sub-Processors (see Annex B)	Data retention period
Storage of account information	Name, email address, username, salted-hashed password	BriefBuilder users	Provide access to the Company’s BriefBuilder environment.	Google Cloud Platform, Sinch MailGun (only email and name).	Until 2 months after subscription termination.
Storage and analysis of access logs	Username, IP-address, kind of data accessed	BriefBuilder users	Perform security audits. Perform incident detection and analysis.	Google Cloud Platform	2 years
Storage of account information	Name, email address, salted-hashed password	BriefBuilder course participants	Provide access to the BriefBuilder learning environment.	Thinkific	Until 6 months after course start or later, if explicitly consented to by the user.

Annex B. Sub-Processors

Sub-Processor	Applicable Product / Service	Nature & Purpose of Processing	Categories of personal data	Location of Processing	Security Measures
Google Cloud Platform	BriefBuilder application	Cloud Hosting Provider	BriefBuilder user accounts (name, email, username, salted-hashed password)	EU	Google Cloud Platform Security & Compliance.
Sinch MailGun	BriefBuilder application	E-mail notification service	Name, email	EU	Mailgun’s Commitment to Security and Compliance
Thinkific	BriefBuilder Courses	E-learning platform	Thinkific user accounts (name, email, salted-hashed password)	Canada (Transfer based on adequacy decision)	Thinkific Security & Compliance.