This Data Processing Agreement ("DPA") is part of the Terms of Service between you (the "Customer") and [TO COMPLETE: company name] ("Processor"). It applies when the databases you back up with Backup Safe contain personal data, and it is meant to meet the requirements of Article 28 of the EU and UK GDPR, Brazil's LGPD and similar laws. Customers who need a signed copy can ask us at [TO COMPLETE: support email].
1. Subject, duration and nature of processing
| Subject | backing up, storing, verifying, restore-testing, restoring and providing downloads of the Customer's databases |
|---|---|
| Duration | for as long as the Customer uses Backup Safe, plus the deletion periods in section 8 |
| Personal data | whatever the Customer's databases contain; the Processor does not choose or inspect it |
| Data subjects | as determined by the Customer (for example the Customer's own users, customers or staff) |
| Special categories | only if the Customer stores them; the Customer is responsible for having a lawful basis |
2. Instructions
The Processor processes the data only to provide Backup Safe as configured by the Customer (schedules, restores, downloads, deletions), and on the Customer's other documented instructions, unless the law requires otherwise; in that case the Processor informs the Customer first unless the law forbids it.
3. Confidentiality
Everyone at the Processor who can access the service is bound by confidentiality. The Processor does not look at the contents of backups, except when the Customer asks for help and allows it, or where the law requires it.
4. Security measures
- Encryption: every backup is encrypted with its own key (AES-256-GCM) before it is stored. Keys are protected by the server key, or, in own-key mode, by the Customer's passphrase so that the Processor cannot decrypt them. Database credentials are stored encrypted. All connections use HTTPS.
- Integrity: each stored backup is downloaded again, decrypted and checked; failures are reported to the Customer.
- Isolation: restore tests run in a separate database server with no network access, as a temporary user without administrator rights, with time and size limits; the test database is deleted immediately after each test.
- Access: storage is private and needs the Processor's keys; the server exposes only web and administration ports; internal databases are not reachable from the internet; administrative access is limited to authorised staff.
- Resilience: an encrypted copy of the service database is made every night so the service can be rebuilt; the recovery procedure is documented and tested.
5. Subprocessors
The Customer authorises these subprocessors:
| Subprocessor | Purpose | Data they can access |
|---|---|---|
| [TO COMPLETE: server provider and region] | hosting the service | data in transit through the service; data at rest is encrypted |
| Cloudflare, Inc. (R2 storage) | storing backups | encrypted files only, never the keys |
| Stripe | billing | account and payment data only, no backup contents |
| [TO COMPLETE: email provider] | service emails | email address and alert texts only, no backup contents |
| Google LLC | "Continue with Google" sign-in (optional) | Google account ID and verified email of users who choose it; no backup contents |
The Processor imposes data protection obligations on each subprocessor equivalent to this DPA, informs the Customer at least 30 days before adding or replacing a subprocessor, and the Customer may object; if no solution is found, the Customer may cancel. International transfers are covered by appropriate safeguards, such as the Standard Contractual Clauses (and the UK Addendum where relevant) included in the subprocessors' data processing terms.
6. Assistance and data subject requests
The Customer can restore, download and delete backups directly in Backup Safe. The Processor helps the Customer, as far as reasonably possible, with requests from data subjects, security, breach notification and data protection impact assessments, and forwards any request it receives directly to the Customer.
7. Personal data breaches
Where applicable, the Processor notifies the Customer without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach affecting the Customer's data, with the information available, and keeps the Customer updated.
8. Deletion and return
- Backups are deleted automatically when they leave the plan's retention period, or when the Customer deletes them.
- When the subscription ends, backups are kept 14 days so the Customer can download them (return), then permanently deleted.
- When the Customer deletes the account in Settings, or on request, the account is deleted: any subscription is cancelled first (confirmed by Stripe), the account is blocked, every stored backup file is deleted, then the connection details (including encrypted credentials), backup, restore and restore-test records and own-key material. An interrupted deletion leaves the account blocked and is completed by running it again. Encrypted nightly copies of the service database expire within 30 days; billing records are kept as tax law requires; a deletion record without personal data (a one-way fingerprint of the account email) is kept as proof.
- Temporary restore-test databases are deleted right after each test; decrypted downloads are streamed to the Customer and not kept.
9. Audits
The Processor makes available the information needed to show compliance with this DPA (including a description of its security measures) and allows reasonable audits, with reasonable notice, at the Customer's cost, no more than once a year unless required by a supervisory authority or after a breach. Audits must not unreasonably disrupt the service and are subject to confidentiality; the Processor may first answer with written information and existing reports where these show compliance.
10. General
If this DPA conflicts with the Terms of Service, this DPA prevails for the processing of personal data. Liability is as set out in the Terms. Governing law: the country in which [TO COMPLETE: company name] is registered. Contact for data protection: [TO COMPLETE: support email].