Data processing agreement

Preliminary note

This agreement governs the personal data NFCeez processes on behalf of the customer (Art. 28 GDPR). Part A is the European Commission's standard contractual clauses between controllers and processors under Implementing Decision (EU) 2021/915 of 4 June 2021, in their official wording: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32021D0915. The parties have only exercised the choices provided there (Option 1, Regulation (EU) 2016/679; Clause 5 not used; Clause 7.7 Option 2 with a period of 14 days). Part B supplements the clauses under Clause 2(b). Annexes I to IV form part of the clauses.

Version 2 of 6 October 2026. The German version prevails; the English version is a translation.

Part A · Clause 1 – Purpose and scope

(a) 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).

(b) 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 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.

(c) These Clauses apply to the processing of personal data as specified in Annex II.

(d) Annexes I to IV are an integral part of the Clauses.

(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

Part A · Clause 2 – Invariability of the Clauses

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

(b) 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.

Part A · Clause 3 – Interpretation

(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Part A · 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.

Part A · Clause 5 (optional) – Docking clause

Not used.

Part A · 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.

Part A · Clause 7 – Obligations of the Parties

7.1. Instructions

(a) 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.

(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 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

(a) 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.

(b) 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

(a) The Parties shall be able to demonstrate compliance with these Clauses.

(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

(c) 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 and/or Regulation (EU) 2018/1725. 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.

(d) 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.

(e) 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

(a) 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 14 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.

(b) 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 and/or Regulation (EU) 2018/1725.

(c) 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.

(d) 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.

(e) 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

(a) 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 or Regulation (EU) 2018/1725.

(b) 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.

Part A · Clause 8 – Assistance to the controller

(a) 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.

(b) 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

(c) 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.

(d) 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.

Part A · 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 or under Articles 34 and 35 of Regulation (EU) 2018/1725, 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:

(a) 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);

(b) 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.

(c) 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:

(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

(b) the details of a contact point where more information concerning the personal data breach can be obtained;

(c) 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.

Part A · Clause 10 – Non-compliance with the Clauses and termination

(a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, 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.

(b) 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 and/or Regulation (EU) 2018/1725;

(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 and/or Regulation (EU) 2018/1725.

(c) 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.

(d) 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.

Part B · 1. Electronic conclusion and evidence

The agreement is concluded in electronic form (Art. 28(9) GDPR): the customer's account owner expressly confirms it in the NFCeez Business app after the full text has been shown. As evidence, NFCeez stores the account, company name, confirming person, time, version and a checksum (SHA-256) of the confirmed text and provides this evidence on request. The confirmation applies to all locations of the account. If Part B or Annexes I and II change, the customer is asked in the app to confirm the new version.

Part B · 2. Relationship to the terms of use

This agreement supplements the NFCeez terms of use (/terms). In the event of conflict the Clauses (Part A) prevail (Clause 4). Part B applies only insofar as it does not directly or indirectly contradict the Clauses.

Part B · 3. Instructions

Documented instructions are the customer's settings and actions in the NFCeez Business app (for example enabled features, loyalty programme rules, approvals and deletions) and instructions in text form sent to privacy@nfceez.de. NFCeez confirms instructions in text form and keeps them for the term of the contract and three further years.

Part B · 4. The customer's duties as controller

The customer is responsible for the lawfulness of the processing, in particular for a legal basis, informing its guests under Articles 13 and 14 GDPR and any required consent. It uses its guests' data only to carry out bookings, its loyalty programme, feedback and communication with the respective guest.

It does not sell, rent or disclose its guests' data to third parties unless required by law or necessary to perform the contract with the guest. It sends advertising only to guests who have demonstrably agreed to it and complies with § 7 UWG (German Unfair Competition Act).

It gives staff access only as far as their task requires (roles in the app), obliges them to confidentiality and removes access of departing staff without delay. It does not record special categories of personal data (Art. 9 GDPR) in free-text fields unless it has a legal basis for doing so, and deletes data it no longer needs. It is solely responsible for data it exports or copies from NFCeez. It informs NFCeez without delay of any indication of unauthorised access to its account.

Part B · 5. Assistance

NFCeez assists the customer under Clauses 8 and 9 without separate charge where this is possible with the app's features or with little effort. Substantial additional effort beyond the legal obligation is agreed in advance; legally owed assistance is not delayed by this.

Part B · 6. Audits

Audits under Clause 7.6 are primarily carried out by information and documents, including evidence from sub-processors (for example ISO 27001 or SOC 2). On-site inspections are announced at least 14 days in advance and take place during normal business hours, unless a specific reason or a supervisory authority requires a shorter period.

Part B · 7. Return and deletion

During the term the customer can view and delete its guests' data in the app. On request to privacy@nfceez.de, NFCeez provides a copy of a location's guest data in a common machine-readable format (CSV or JSON) within 30 days. After a location or the account is deleted, the data can be restored for 30 days and is then permanently deleted (Annex II). Statutory retention obligations remain unaffected.

Part B · 8. Liability and applicable law

Liability is governed by the terms of use; Art. 82 GDPR remains unaffected. German law applies. Place of jurisdiction follows the terms of use.

Annex I – List of parties

Controller: the business that confirms this agreement in the NFCeez Business app. Name, address and the name, position and contact details of the contact person correspond to the details in the NFCeez account and are stored with the evidence of conclusion. Signature and accession date: electronic confirmation in the app; time as recorded in the evidence (Part B no. 1).

Processor: Farres Nagaa, trading as NFCeez (sole proprietorship), Wittbräucker Straße 4, 44287 Dortmund, Germany. Contact person: Farres Nagaa, owner, privacy@nfceez.de. No data protection officer is appointed; there is no obligation to appoint one (Art. 37 GDPR, § 38 BDSG). Signature and accession date: provision of this version in the app; the time of the controller's confirmation applies.

Annex II – Description of the processing

Categories of data subjects: the controller's guests who book, take part in the loyalty programme or send feedback; visitors of the controller's Smart Page (usage statistics only); the controller's staff, insofar as their actions in the app are logged; persons named in the controller's content.

Categories of personal data: Bookings: name, email address, phone number, booked service, appointment, status and notes. Loyalty programme: first name, last name, email address, consent to news with wording and time, stamps, rewards, redemptions, times of use and Wallet card identifiers (card ID, device and update identifiers). Feedback: rating, message and voluntary contact details. Smart Page statistics: views and clicks, source (NFC, QR code or direct), country, device type and time, without cookies and without storing information on the device. Controller content: texts, images and menus including uploaded originals, insofar as they contain personal data. Emails to guests: recipient address, content and delivery status.

Sensitive data: processing of sensitive data is not intended. Guests may on their own initiative provide information in free-text fields (booking notes, feedback), for example about intolerances. Safeguards: access only for the controller's authorised roles, no analysis, no transfer to AI services and deletion together with the respective record.

Nature of the processing: collection via the controller's pages, storage, organisation, display in the app and – where approved – on the public page, sending emails, creating and updating Wallet cards, statistical aggregation and deletion.

Purposes: providing the NFCeez features used by the controller: Smart Page, online booking, loyalty programme with digital card, menu, feedback and statistics.

Duration of the processing: for the term of the contract. In detail: loyalty cards are deleted automatically 24 months after last use; guests' verification codes and expired sign-in sessions after one day; original menu files 30 days after upload; the email delivery log 30 days after sending; deleted locations can be restored for 30 days and are then permanently deleted. Other data is stored until the controller deletes it, at most until 30 days after the end of the contract.

Not covered by this agreement because NFCeez is itself responsible: account, contract and billing data of the controller and its team members; security and abuse prevention; the cross-location guest sign-in by email verification code with which guests manage their cards (see /datenschutz). Data is passed to Apple or Google only when a guest saves their card to Apple Wallet or Google Wallet themselves; Apple and Google act under their own responsibility.

Processing by sub-processors: subject matter, nature and duration are set out in Annex IV.

Annex III – Technical and organisational measures

Encryption and pseudonymisation: all connections between app, websites, Cloudflare and database are encrypted with TLS. Database and file storage are encrypted with AES-256 at the sub-processor Supabase. Guests' verification codes and sign-in sessions are stored only as cryptographic hashes. App credentials are kept in the iOS device keychain.

Confidentiality and tenant separation: every table with customer data is restricted to the respective account by row-level security rules. Particularly sensitive data is kept in a schema without direct access from app or browser and can only be reached through server-side functions with role checks. The controller's account has the roles owner, manager and staff. File storage is private; files are delivered through time-limited signed links.

Identification and authorisation: sign-in with Sign in with Apple or email and password. New passwords are checked against known data breaches and must have at least 10 characters. Only the owner of NFCeez has administrative access to infrastructure and services (Supabase, Cloudflare, Apple, Google, OpenAI, Resend), each with two-factor authentication. Secret keys are kept server-side only and never in the app or website.

Availability and recovery: the database runs in Amazon Web Services data centres in Ireland (region eu-west-1). It is backed up daily; backups are kept for 7 days. Restoration is tested at least once a year.

Logging: platform logs of Supabase and Cloudflare; business logs of stamps, rewards and redemptions, of consent to news with wording and time, and of the conclusion of this agreement.

Review of effectiveness: before every release of changes and at least quarterly, the access rules are reviewed, including tests that one account cannot read another account's data, as well as Supabase's security advisories.

Physical security: through the certified data centres of the sub-processors; Supabase is ISO 27001 certified and audited to SOC 2 Type 2.

Data minimisation and data quality: only the details needed for the respective feature are collected (phone number only for bookings; name and email address for the loyalty card). AI services receive menus only and no guest data. Guests and controller can correct details in the app.

Limited storage: automatic daily deletions as described in Annex II.

Data subject rights and portability: guests can delete their loyalty card themselves and unsubscribe from news themselves. Requests from guests received by NFCeez are forwarded to the controller within two working days. NFCeez provides a copy of the data in a machine-readable format on instruction (Part B no. 7).

Personal data breaches: NFCeez notifies the controller of a breach without undue delay and at the latest 48 hours after becoming aware of it, by email to the account address, with the details under Clause 9.2. NFCeez secures evidence, blocks affected access and replaces affected keys.

Staff and governance: currently nobody other than the owner has access to controllers' data. Future authorised persons are bound to confidentiality in writing before their first access and receive only the rights their task requires.

Sub-processor measures: governed by their data processing agreements (Annex IV), which provide at least equivalent obligations.

Annex IV – List of sub-processors

The controller has authorised the use of the following sub-processors (Clause 7.7 Option 2):

1. Supabase Pte. Ltd., 65 Chulia Street #38-02/03, OCBC Centre, Singapore 049513. Contact as per its data processing agreement: https://supabase.com/legal/dpa. Database, authentication, file storage and server functions for all data listed in Annex II; storage in Amazon Web Services data centres in Ireland (eu-west-1). Access from third countries for operations and support is based on the EU standard contractual clauses (Module 3) included in its data processing agreement. Duration: term of the contract.

2. Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, USA. Contact as per its data processing agreement: https://www.cloudflare.com/cloudflare-customer-dpa/. Delivery of the public pages at nfceez.de (Smart Page, menu, booking, loyalty card) and the connection data involved (IP address, browser details). Transfer to the USA based on certification under the EU-US Data Privacy Framework, supplemented by the standard contractual clauses. Duration: term of the contract.

3. Plus Five Five, Inc. (Resend), 2261 Market Street #5039, San Francisco, CA 94114, USA. Contact as per its data processing agreement: https://resend.com/legal/dpa. Sending emails to guests (verification codes, booking and programme messages) with recipient address, content and delivery status; processing in the USA based on the EU-US Data Privacy Framework and the standard contractual clauses. Duration: term of the contract.

4. OpenAI Ireland Ltd., 1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland. Contact: privacy@openai.com. Reading, translating and completing the menus the controller uploads; no guest data. Transfers to affiliates outside the EEA are based on the standard contractual clauses as set out in its data processing agreement. Duration: for the duration of the respective request.