Legal

Data processing agreement

Data processing agreement under Art. 28 GDPR for the processing of your accounting data in Saldek.

Last updated: 10 October 2026

This translation is provided for information only. Only the German version is legally binding. Read the German original

1. Subject and scope

This agreement governs the rights and obligations of the parties in connection with the processing of personal data by FluxonLab (processor) on behalf of the customer (controller) in providing the accounting and document extraction platform Saldek.

Type of data: Financial and accounting data, invoice and document data, master data of business partners (suppliers/customers) including their e-mail addresses, VAT IDs (USt-IdNr./UID), bank details (IBAN/BIC), booking notes.

Categories of data subjects: Employees, officers, customers and suppliers of the controller.

2. Obligations of the processor (Art. 28(3) GDPR)

a) Instructions (Art. 28(3)(a)): The processor processes personal data only on documented instructions from the controller. Customer data is stored in Germany: the databases on servers of Hetzner Online GmbH, the document files with Amazon Web Services in the Frankfurt am Main region. In the "Standard" mode, sub-processors in the USA (see letter d) process documents, booking details and imported bank transactions in order to read documents, propose bookings, match bank transactions to documents and detect duplicates; they keep the transmitted data only for a limited time, as described in the privacy policy. The transfer is based on the EU standard contractual clauses, for Google on the EU-US Data Privacy Framework, otherwise also on the EU standard contractual clauses. In the "Without AI" mode, it does not take place. Regardless of the mode, Resend in the USA sends the service's e-mails, including invitations to addresses specified by the customer, confirmation codes to the sender addresses of the e-mail document intake stored by the customer, each with the name of the organisation, and the invoices the customer sends from Saldek to the recipients they specify, with the invoice as a PDF attachment and the organisation's e-mail address as the reply-to address (see list); this transfer is also based on the EU standard contractual clauses. Where the e-mail document intake is set up, Mailgun Technologies, Inc. (USA) receives the e-mails to the organisation's intake address in its EU region; this transfer is based on the EU-US Data Privacy Framework, otherwise on the EU standard contractual clauses. The purposes also include "Ask Saldek" (the question, the earlier questions of the conversation and matching extracts from documents and entries go to the AI services to produce an answer with sources) and voice notes and voice input (converting the recording to text); details in Annex II.

b) Confidentiality (Art. 28(3)(b)): All persons authorised to process the data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

c) Technical and organisational measures (Art. 32 / Art. 28(3)(c)): Tenant separation at database level (row-level security), cryptographic checksums (SHA-256), WORM archiving of posted documents (locked for 7 years, 8 years for organisations in Germany), transport encryption (TLS) and password hashing with Argon2id.

d) Sub-processors (Art. 28(3)(d) and (4)): The controller gives its general authorisation for the sub-processors in the publicly available list (Annex IV). The processor informs the controller of the addition or replacement of a sub-processor at least 14 days in advance; it imposes the same data protection obligations on it and is liable for it (Clause 7.7).

e) Data subject rights and erasure (Art. 28(3)(e) and (g)): Support in fulfilling data subject rights (access, rectification, erasure). After the end of the contractual relationship, all data is handed over in full (export) or deleted on request. For this, the controller chooses in the organisation's settings: when closing, the data remains stored read-only and exportable and is deleted automatically after the end of the retention period under § 132 BAO (for Austrian organisations; otherwise when the controller deletes the organisation). With immediate deletion, the data is deleted immediately on the controller's express instruction; the statutory retention obligations (in particular § 132 BAO and § 212 of the Austrian Business Code, UGB, or § 147 AO and § 257 HGB in Germany) are then fulfilled by the controller, for example with the export created beforehand. Files in the archive under a retention lock (Object Lock) cannot be deleted by anyone before the lock ends; until then they remain stored inaccessibly and are deleted automatically afterwards. Deleted data remains in the encrypted backups until they expire after 30 days.

f) Notification of breaches (Art. 28(3)(f), Art. 33 GDPR): The processor notifies the controller of a personal data breach without undue delay and at the latest within 48 hours of becoming aware of it, and assists it under Clause 9.

g) Unlawful instructions and audits (Art. 28(3)(h) GDPR): If the processor considers an instruction unlawful, it informs the controller without delay. It makes available the information needed to demonstrate compliance and allows for audits under Clause 7.6.

3. Standard contractual clauses, sub-processors and conclusion

In addition to this page, the European Commission's standard contractual clauses under Implementing Decision (EU) 2021/915 with Annexes I–IV (section 4 and the annexes below) apply and form part of this agreement; in case of conflict the clauses prevail. The processor informs the controller of the addition or replacement of a sub-processor at least 14 days in advance; if the controller objects for good cause and no solution is found, it may terminate the contract as of the date of the change; fees already paid for the period after that are refunded pro rata.

The AVV is part of the terms (clause 9) and is concluded on registration. You can get a signed copy on request at contact@fluxonlab.com (subject: Auftragsverarbeitung (AVV)).

4. Standard contractual clauses (Implementing Decision (EU) 2021/915)

Official English version, unchanged (OJ L 199, 7.6.2021, p. 18; EUR-Lex); the German version is binding. Chosen are Option 1 (Regulation (EU) 2016/679) in Clause 1(a) and in Clauses 8 and 9, and Option 2 (general written authorisation) in Clause 7.7 with a period of 14 days. Annexes I–IV follow below.

SECTION I

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.

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.

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.

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.

Clause 5 - Optional

Docking clause

(a)Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.

(b)Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.

(c)The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.

SECTION II

OBLIGATIONS OF THE PARTIES

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.

Clause7

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)GENERAL WRITTEN AUTHORISATION: 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.

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.

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.

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.

SECTION III

FINAL PROVISIONS

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.

Annex I – List of parties

Controller: the customer, with the name, address and contact details given at registration and in the organisation's profile. Signature and date: acceptance at registration (electronic); a signed copy on request.

Processor: FluxonLab (sole proprietorship, owner Çağrı Bozgeyik), Arndtstraße 68, Tür 3, 1120 Wien, Austria; data protection contact: contact@fluxonlab.com. No data protection officer has been appointed.

Annex II – Description of the processing

Categories of data subjects: employees, officers, customers, suppliers and other business partners of the controller and the users of its organisation.

Categories of personal data: invoice and document data (names, addresses, VAT IDs, bank details/IBAN, amounts, line items), booking details, imported bank transactions, master data of business partners including their e-mail addresses, questions and answers in "Ask Saldek", text created from voice recordings, user data of the organisation (name, e-mail address, role).

Sensitive data: processing of special categories is not intended. Where a document exceptionally contains such data (for example a pharmacy invoice), the same measures under Annex III apply.

Nature of the processing: storing, reading, structuring, matching, transmitting to the sub-processors in Annex IV, archiving, exporting, deleting.

Purposes: reading documents, booking proposals, bank reconciliation, duplicate checks, answers in "Ask Saldek" (questions and matching extracts sent to AI services), converting voice notes and voice input to text, creating and sending invoices, importing from connected mailboxes and storage, document intake by e-mail via the organisation's intake address, exports (DATEV, BMD), tamper-proof archiving of posted documents – in each case to provide Saldek under the terms.

Duration: the term of the contract; then until deletion under clause 2 e, including the lock periods of posted documents (7 years, 8 years for organisations in Germany).

Sub-processors: subject matter, nature and duration as above, limited to the purpose stated for each in Annex IV.

Annex III – Technical and organisational measures

Tenant separation at database level (row-level security with forced policies; the application uses a role without bypass rights).
Encryption in transit (TLS) and of backups; document files in the archive in the Frankfurt am Main region.
Immutability of posted documents: WORM storage (Object Lock in compliance mode) with SHA-256 checksums; journals append-only.
Access control: passwords hashed with Argon2id, roles and permissions per organisation, scoped keys, a second factor (TOTP) for platform administrators.
Logging: a change log per organisation; sign-in and security logs are deleted after 90 days.
Data minimisation towards AI services: IBANs, e-mail addresses and phone numbers in booking details, bank transactions and the extracts for "Ask Saldek" are masked before transmission; the "Without AI" mode transmits nothing; customer data is not used to train models.
Availability: encrypted backups, kept for 30 days.
Personal data breaches: notification to the controller without undue delay and at the latest within 48 hours of becoming aware, with the information under Clause 9.2; further information as it becomes available.
Assistance with data subject rights: export, rectification and erasure in the application; requests to contact@fluxonlab.com.

Annex IV – List of sub-processors

The controller authorises the following sub-processors. Purpose, location, transfer basis and contract are listed in the sub-processor list as amended from time to time; changes are announced at least 14 days in advance under Clause 7.7.

Hetzner Online GmbH — Germany
Amazon Web Services EMEA SARL, Luxembourg — Germany (AWS region Frankfurt am Main) for the document files; the backups in an AWS region in the EU
TypeSafe AI, Inc., San Francisco (model “Jev”) — USA
OpenAI Ireland Ltd, Dublin (model “gpt-6-luna”) — USA (processing by affiliates of OpenAI)
Google Cloud EMEA Limited, Dublin (model “gemini-3.5-flash-lite”) — USA and other countries in which Google operates data centres
Microsoft Ireland Operations Limited, Dublin (Azure Speech, model “MAI-Transcribe-2”) — Ireland (Azure region North Europe)
OpenAI Ireland Ltd, Dublin (model “gpt-transcribe”) — USA (processing by affiliates of OpenAI)
Stripe Payments Europe, Ltd. — Ireland (EU); disclosure to Stripe, Inc. (USA) possible
Functional Software, Inc. (Sentry), San Francisco — Germany (Sentry’s EU data region, Frankfurt am Main); administrative data and access by Sentry also in the USA
Plus Five Five, Inc., San Francisco (Resend) — USA (according to Resend, all data is stored in the USA, including message contents and attachments, metadata, logs and account data; the Ireland region only determines the sending route)
Mailgun Technologies, Inc. (Mailgun EU) — Mailgun’s EU region (data centres in Germany and Belgium); access for support and operations also from the USA
Google LLC, Mountain View (Google account: Google Drive and Gmail mailbox) — USA and other countries in which Google operates data centres