Data Processing Agreement

Version 2026-10-08

This Data Processing Agreement (the "DPA") is concluded between the Customer named in Annex I, as controller, and Sebastian Drożdż, trading as Special Services, as processor ("we"), who provides the TransferCRM service. It forms part of the TransferCRM Terms of Service.

1. The Clauses

1.1 The Parties agree to the Standard Contractual Clauses set out in the Annex to Commission Implementing Decision (EU) 2021/915, reproduced below without modification (the "Clauses"). Annexes I to IV below complete them.

1.2 Where the Clauses offer a choice, the Parties have chosen: in Clause 1(a), Article 28(3) and (4) of Regulation (EU) 2016/679 (Option 1); Clause 5 (docking clause) is included; in Clause 7.7(a), general written authorisation (Option 2), with changes notified at least 30 days in advance.

1.3 If anything in the Terms of Service or in any other agreement between the Parties conflicts with the Clauses, the Clauses prevail (Clause 4).

2. Changes of sub-processors

2.1 We inform the Customer of any intended addition or replacement of a sub-processor at least 30 days before it takes effect, by e-mail to the owner and the administrators of the account and by a notice in the account. We do not engage the new sub-processor before that date.

2.2 The Customer may object to the change, in the account or by e-mail to privacy@transfercrm.com. If the objection is made on reasonable grounds relating to data protection and the Parties cannot resolve it before the change takes effect, the Customer may terminate its agreement under the Terms of Service without penalty, with effect no later than that date. Fees paid in advance for the period after termination are refunded pro rata.

3. Return and erasure of data (Clause 10(d))

3.1 The Customer can export its data at any time through the exports in the account. On request to privacy@transfercrm.com, we provide a full export of the Customer's data within 30 days.

3.2 When the Customer deletes its account, its personal data is erased from the service 30 days after the request. Copies of it remain in our backups until they are overwritten, at the latest 12 months after the erasure (Annex III); until then the Clauses continue to apply to them. Backup copies are kept only to restore the service after a failure and are not used for any other purpose. If a backup is ever restored, the erasures made since it was taken are carried out again before the restored service is used. We confirm the erasure by e-mail to the owner who made the request, with the date of erasure and the date by which the backup copies expire.

4. Accession of further entities (Clause 5)

A further legal entity may accede to the Clauses under Clause 5 by a dated written request sent to privacy@transfercrm.com and accepted in writing by both Parties. The acceding entity provides its details for Annex I. We record the accession and confirm it by e-mail.

5. Term

This DPA applies for as long as the Customer's account exists, and afterwards until the Customer's personal data has been erased under Clause 10(d) and section 3.

6. Governing law and courts

This DPA is governed by the laws of the Republic of Poland and the European Union. Any disputes shall be resolved by the competent court in Kraków, Poland, as in the Terms of Service. This does not affect the rights of data subjects or the powers of supervisory authorities.

7. Conclusion in electronic form

This DPA is concluded in electronic form (Article 28(9) of Regulation (EU) 2016/679) when the owner of the Customer's account accepts it in the account. We keep a record of the version and language accepted, the person who accepted it and the time. A PDF of the accepted text with a confirmation of conclusion can be downloaded in the account. The language version accepted is binding.

Standard Contractual Clauses

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.

(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) 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 30 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

Name: ______________
Address: ______________
VAT ID: ______________

Contact person: ______________, owner of the account, ______________
Billing e-mail: ______________
Role: controller
Signature and accession date: by electronic acceptance in the account; the person and the date are stated in the confirmation of conclusion.

Processor

Name: Sebastian Drożdż, trading as Special Services
Address: Skrzynka 7a, 32-410 Dobczyce, PL
NIP: 6793148834
Contact: privacy@transfercrm.com (no data protection officer is designated)
Role: processor
Signature and accession date: by electronic acceptance of the Customer in the account, on the same date.

Annex II — Description of the processing

Categories of data subjects whose personal data is processed

The Customer's passengers and the persons who book rides for them.
Contact persons of the Customer's clients (companies, agencies, hotels).
The Customer's drivers and staff who use the service.
Contact persons of the Customer's partners (other transport companies).

Categories of personal data processed

Identification and contact data: name, telephone number, e-mail address, company.
Booking and itinerary data: pickup and drop-off addresses and times, flight numbers, number of passengers and luggage, notes.
The location of a driver while on duty, as sent by the driver app.
Payment status and amounts of rides and invoices. No card numbers: cards stay with the Customer's payment provider.
Messages sent through the service: e-mail, SMS, WhatsApp and chat.
Signatures given on quotes.
User account data: name, e-mail address, role, sign-in records.

Sensitive data processed

The service is not designed for special categories of data or for data relating to criminal convictions and offences. It can hold accessibility needs a passenger states for a ride (for example a wheelchair) and documents the Customer chooses to upload about its drivers, which may include a medical or psychological certificate or a criminal record certificate. The Customer decides whether to record them. Besides the measures in Annex III, the following restrictions apply to them (Clause 7.5):

Uploaded documents are stored outside the public part of the server and have no public link. A file filed on a driver's record can be opened only by a signed-in user of the Customer's account in the owner, admin or dispatcher role; only an owner or admin can delete it. Users in the accountant and viewer roles may see that a driver's document exists and when it expires, but not the file.
Drivers, partners, passengers, the client and agent portals and API keys have no access to these documents.
A file attached to a ride can be opened by every user who can open that ride. Documents of these kinds are therefore to be filed on the driver's record, not on a ride.
Accessibility needs are shown only with the ride they concern: to the users of the Customer's account and to the driver or partner the Customer assigns to that ride. A driver sees only the rides assigned to him or her.
Deleting a document deletes its file; all documents are erased with the account (section 3).

Nature of the processing

Hosting and storage; organisation and display in the account; transmission (e-mails, SMS, push notifications, links for passengers and partners); dispatch of rides to drivers and partners; calculation of prices and documents; erasure.

Purpose for which the personal data is processed on behalf of the controller

Providing the TransferCRM service to the Customer under the Terms of Service: bookings, dispatch, fleet, clients, invoicing and communication with passengers, drivers and partners.

Duration of the processing

For as long as the Customer's account exists, and until its personal data is erased: from the service 30 days after a request to delete the account, and from backup copies when they are overwritten, at the latest 12 months after that erasure (section 3.2). Within that period, driver location data is kept for 60 days and communication logs for 365 days; Annex III lists the other retention periods. All other data is kept until the Customer deletes it or the account is erased; data the Customer deletes remains in backup copies until they are overwritten, at the latest 12 months later.

Processing by sub-processors

The subject matter and nature are stated for each sub-processor in Annex IV. The duration is the same as above.

Annex III — Technical and organisational measures including technical and organisational measures to ensure the security of the data

Hosting and location

The service and its database run on servers hosted by Hostinger in Frankfurt am Main, Germany (EU).
Our own mail server (Exim) and our own realtime server (soketi) run on the same host, so the e-mails we send and the live updates do not pass through a third-party provider. The exceptions are the services the Customer connects itself (Annex IV).

Encryption

All connections to the service are encrypted in transit (TLS).
Company settings and stored credentials (for example the keys of connected services) are encrypted at rest.
User passwords are stored only as hashes.

Separation of customers

Every record carries the identifier of the company it belongs to, and this row-level isolation is enforced in the code.

Access control

Six roles: owner, admin, dispatcher, accountant, driver, viewer.
Two-factor authentication is available to every user. A company can require it of its office staff (owners, admins, dispatchers, accountants, viewers); drivers are not covered by that rule.
Sign-ins can be revoked. Changing a second factor ends older sign-ins.

Availability and recovery

A copy of the database every 15 minutes, kept on the server for up to 48 hours.
Every night a copy of the database, the stored files and the mailboxes, kept on the server for 14 days; one copy a week is kept for 8 weeks and one a month for 12 months.
The copies on the server can be read only by the operator's administrator account.
Every hour the copies are transferred over an encrypted connection to an encrypted disk held by the operator in Poland, where none is kept longer than 12 months.
Every week the newest nightly copy is restored into a separate database, compared with the live one and deleted.
If a backup is restored, the account erasures made since it was taken are carried out again before the restored service is used.

Logging

Access logs are kept for 14 days.

Data minimisation and limited retention

Card numbers never reach us: cards stay with the Customer's payment provider.
No backup copy is kept longer than 12 months.
Driver location data is deleted after 60 days, communication logs after 365 days.
Failed background jobs are deleted after 30 days, temporary export files after 24 hours.
A deleted account is erased 30 days after the request, and the erasure is confirmed (section 3).

Portability

The Customer can export its data in the account at any time. A full export is provided on request within 30 days (section 3).

Assistance to the controller

Requests from data subjects: the account provides the tools to answer them, namely export, correction and deletion of passengers, clients and drivers. A request that reaches us is forwarded to the Customer within 5 working days; we do not answer it ourselves unless the Customer instructs us to.
Data protection impact assessment and prior consultation: on request, we provide the information we hold within 30 days.
Personal data breaches: we notify the Customer without undue delay and at the latest 48 hours after we become aware of the breach, by e-mail to the owner of the account and by a notice in the account, with the information required by Clause 9.2.
No data protection officer is designated, as none is required. Contact: privacy@transfercrm.com.

Annex IV — List of sub-processors

The Customer gives general written authorisation for the sub-processors listed below (Clause 7.7(a), Option 2). Changes are notified as stated in section 2. The list in force is also published at transfercrm.com/legal.

Sub-processors we engage

Name	Processing	Location	Transfer safeguard
Hostinger International Ltd. (61 Lordou Vironos str., 6023 Larnaca, Cyprus, gdpr@hostinger.com)	Hosting of the servers on which the service and its database run.	Frankfurt am Main, DE (EU)	Processing within the EU/EEA
Google LLC — Firebase Cloud Messaging (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, https://firebase.google.com/support/privacy/dpo)	Push notifications to the driver app: time, place and number of a ride, and a notice of a new message.	USA and other Google locations	EU-US Data Privacy Framework and Standard Contractual Clauses

Recipients acting as independent controllers

They decide themselves how they process the data they receive, under their own terms; they are not our sub-processors.

Name	Processing	Location	Transfer safeguard
Google Ireland Limited — Google Maps Platform (Gordon House, Barrow Street, Dublin 4, Ireland, legal-notices@google.com)	Addresses and coordinates of rides, for maps, address search (Places), geocoding and routes. Google processes them as an independent controller under its own terms.	IE (EU)	Recipient in the EU/EEA (no third-country transfer by us)
European Commission — VIES (Rue de la Loi 200, 1049 Brussels, Belgium)	Validation of VAT numbers against the national VAT registers. For a sole trader the VAT number can be personal data. VIES is operated by the Commission for the tax authorities of the Member States, which are its controllers.	BE (EU)	Recipient in the EU/EEA (no third-country transfer by us)

Services that receive no personal data

FlightAware LLC (11 Greenway Plaza, Suite 2900, Houston, TX 77046, USA): Flight status for rides with a flight number. It receives the flight number only (for example LH1234), without a name, a date or any other detail of the ride.

Services you connect yourself

Processed on your instruction under your own contract with the provider: we pass the data on, and the provider is not our sub-processor.

Your own mail server (SMTP) or Google (Gmail) account for sending e-mail
Stripe and PayPal accounts for payments by your clients
SMS providers (for example Twilio, SMSAPI)
WhatsApp Business (Meta)
Accounting, invoicing and e-invoicing (for example Fakturownia, wFirma, QuickBooks, Xero, InvoiceXpress, KSeF, Peppol, SdI)
Google Calendar and Microsoft Outlook calendars
Your telephone system, for call notifications
Your own flight-data account (FlightAware, AeroDataBox)
Your own AI key (Anthropic)
Webhooks and API integrations you set up