Data Processing Agreement
pursuant to Article 28(3) and (4) of Regulation (EU) 2016/679 (GDPR)
based on the Standard Contractual Clauses under Implementing Decision (EU) 2021/915
for the SaaS platform “ReviewBird”
Version 1.0.0, dated July 27, 2026.
Non-binding English translation. The German version prevails.
Part A – Contracting Parties and Classification
This Data Processing Agreement (the “DPA”) is concluded between
the Customer under the underlying SaaS agreement (Licence and Usage Terms “ReviewBird”) – hereinafter the “Controller” –
and
Schild Roth SEO Agentur GmbH, Bismarckstr. 1–3, 50672 Cologne, Germany, represented by its Managing Director Timothy Scherman – hereinafter the “Processor” –
hereinafter individually a “Party” and jointly the “Parties”.
The Processor provides the Controller with the Software-as-a-Service platform “ReviewBird” and, in this context, processes personal data on behalf of and in accordance with the instructions of the Controller. The Controller remains responsible for the lawfulness of the processing, in particular for the existence of a legal basis and of any required consents.
This DPA consists of this Part A, the Standard Contractual Clauses pursuant to Article 28 GDPR reproduced in Part B, and Annexes I to IV, which form an integral part thereof. In the event of contradictions, the Standard Contractual Clauses and their annexes take precedence over the SaaS agreement in respect of data protection matters.
The Standard Contractual Clauses are reproduced unchanged in accordance with their Clause 2; supplementary information is provided exclusively in the annexes. The authoritative English wording of the Standard Contractual Clauses is the official text published by the European Commission in Implementing Decision (EU) 2021/915.
Part B – Standard Contractual Clauses pursuant to Article 28 GDPR
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 April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(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.
(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.
(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.
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, 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.
(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 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 existing between the Parties 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 referred to in paragraph (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.
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 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. 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 the controller in writing of any intended changes to that list through the addition or replacement of sub-processors at least one month in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise its 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 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.
(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 secrets or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing a copy.
(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations under 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.
(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 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 paragraphs (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: 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; 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; 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; 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, 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 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); in obtaining the information which is to be stated in the notification and which must at least include the nature of the personal data, the likely consequences of the breach and the measures taken or proposed to be taken; and, where appropriate, in communicating the breach to the data subjects without undue delay.
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 has become aware of the breach. Such notification shall contain, at least, a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned), 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.
SECTION III – FINAL PROVISIONS
Clause 10 – Non-compliance with the Clauses and termination
(a) Without prejudice to any provisions of Regulation (EU) 2016/679, 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 the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679; 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; or the processor is in breach of a binding instruction of the controller.
(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 Controller is the respective Customer under the SaaS agreement. The following details are captured during the ordering or onboarding process and become part of this DPA upon its conclusion:
| Item | Value |
|---|---|
| Name / company | [captured during onboarding] |
| Address | [captured during onboarding] |
| Contact person (name, position, contact details) | [captured during onboarding] |
| Data protection officer, if any | [if appointed] |
| Activities relevant to the processing | Use of the ReviewBird platform to trigger and manage review and feedback requests to its own End Customers |
| Role | Controller |
| Signature / acceptance | Acceptance during the onboarding process (checkbox); date is logged |
Processor
| Item | Value |
|---|---|
| Name / company | Schild Roth SEO Agentur GmbH |
| Address | Bismarckstr. 1–3, 50672 Cologne, Germany |
| Contact person (name, position, contact details) | Timothy Scherman, Managing Director; [email protected] |
| Activities relevant to the processing | Provision, operation, maintenance, security and support of the ReviewBird SaaS platform |
| Role | Processor |
| Signature / acceptance | by providing the platform and concluding this DPA |
Annex II – Description of the Processing
Categories of data subjects
- End Customers of the Controller (depending on the industry, e.g. patients, clients, guests, customers, prospects or other recipients of services) to whom review or feedback requests are addressed.
- Contact persons and users of the Controller who use platform user accounts.
Categories of personal data
- Master and contact data of End Customers: name (where imported), telephone number, email address, internal identifier.
- Transaction-related data: reference to an appointment or transaction (time, status, category), triggering event.
- Consent and communication data: consent and withdrawal status, time and channel; dispatch and delivery logs.
- Feedback and review data: internally captured feedback and reviews.
- Account and usage data of the Controller: user accounts, access and log data (passwords exclusively as a non-reversible hash; not known to the Processor in plain text).
Sensitive data and restrictions applied
Special categories of personal data under Article 9 GDPR are not the subject of the processing and are not entered into the platform by the Controller. For Controllers subject to a duty of professional secrecy (such as healthcare professionals), the mere assignment of a person as their End Customer may permit an indirect inference. Enhanced safeguards apply in such cases: continuous encryption of End Customer data, strict purpose limitation, omission of names in the message text, strict access restriction with logging and, for professionals bound by secrecy, the supplementary Confidentiality Agreement.
Nature of the processing
Collecting and importing transaction data from third-party systems connected by the Controller exclusively at its instigation, encrypted storage, automated triggering and sending of SMS and email messages, provision of feedback and review pages, evaluation of feedback, blocking and erasure.
Purpose of the processing
Provision of the contractually agreed functions of the ReviewBird SaaS platform for review and feedback management on behalf of and in accordance with the instructions of the Controller.
Duration of the processing
For the term of the SaaS agreement. End Customer data is deleted automatically no later than six months after its collection. Access and dispatch logs are retained for three years from the end of the year in which the contract ended. Otherwise, return and erasure are governed by Clause 10(d) and the SaaS agreement; backup copies are overwritten within 30 calendar days.
Annex III – Technical and Organisational Measures
The Processor implements at least the following technical and organizational measures within the meaning of Article 32 GDPR. The description is specific; a general description is not sufficient.
| Protection objective | Measure |
|---|---|
| Encryption | End Customer data is stored in encrypted form (encryption at rest). Transmission exclusively via TLS. Passwords of the Controller are stored only as a non-reversible hash and are neither known to nor readable by the Processor in plain text. |
| Confidentiality / access control | Role-based authorization concept following the principle of least privilege. In normal operation, the admin backend displays End Customer data exclusively in encrypted form. Access only for expressly authorized employees bound to confidentiality. |
| Support access (break-glass) | Decrypting access to End Customer data is established only upon a support request submitted by the Controller, exclusively for its purpose and duration, limited to the extent necessary, logged, and withdrawn once the support request has been completed. |
| Data minimization | No names in the message text. Frequency limit of no more than one Request per End Customer within six months. Automatic deletion cycle for End Customer data after six months. |
| Separation control | Logical multi-tenancy separation; data of different Controllers is processed separately and is not accessible to one another. |
| Input and instruction control | Logging of security-relevant events and access. Data import from third-party systems only at the Controller’s instigation using its own access credentials. |
| Availability and resilience | Hosting with Hetzner Online GmbH, data center in Germany. Regular data backup; procedures for timely restoration after a physical or technical incident. |
| Transfer control | Dispatch via committed service providers; encrypted transport channels; no disclosure to recipients not named in Annex IV. |
| Pseudonymization | Use of internal identifiers instead of clear names where sufficient for the processing. |
| Review and evaluation | Regular review, assessment and evaluation of the effectiveness of the measures; adaptation to the state of the art. |
| Erasure and portability | Implementation of the deletion concept; provision of exportable data in a structured, commonly used, machine-readable format (CSV and JSON) in accordance with the SaaS agreement. |
| Assistance to the Controller | Technical and organizational assistance with data subject rights (Articles 15–22 GDPR), with the notification of personal data breaches and with data protection impact assessments. |
Specific measures to assist the Controller: the Processor notifies the Controller without undue delay, and at the latest within 48 hours of becoming aware, of a breach of the protection of personal data processed on its behalf, and provides the information required to comply with Articles 33 and 34 GDPR.
Annex IV – List of Sub-processors
(1) The current and authoritative list of sub-processors is kept permanently available by the Processor at https://dashboard.reviewbird.io/legal/sub-processors. The list below reflects the status as of July 27, 2026; the version published there is authoritative.
(2) The Controller has authorized the engagement of the listed sub-processors by way of the general written authorization under Clause 7.7. If the Processor intends to add or replace a sub-processor, it shall inform the Controller at least one month before the change takes effect, in text form via the contact address stored in the user account, and shall update the list referred to in paragraph 1 at the same time. The Controller may object to the change within this period on legitimate, data protection related grounds; Clause 7.7 applies in addition.
Status of the list below: July 27, 2026
| Sub-processor | Location | Processing / purpose | Transfer safeguard |
|---|---|---|---|
| Hetzner Online GmbH | Germany | Cloud hosting and infrastructure (storage, operation) | EU processing; no third-country transfer |
| seven communications GmbH & Co. KG (seven.io) | Germany | Sending of SMS messages | EU processing; no third-country transfer |
| Cloudflare, Inc. | USA | Web infrastructure, security, content delivery | EU-US Data Privacy Framework; SCCs as fallback |
| AC PM LLC (ActiveCampaign / Postmark) | USA | Delivery of transactional emails | EU-US Data Privacy Framework |
| OpenAI Ireland Ltd | Ireland | AI-based text and document processing | EU contracting entity; SCCs for intra-group transfers |
| Apify Technologies s.r.o. | Czech Republic | Retrieval of publicly accessible business and review data | EU processing; no third-country transfer |
Notes on classification
The following providers are not listed as sub-processors of End Customer data:
- Stripe Payments Europe, Limited (Ireland) processes payment data in the relationship between the Processor and the Controller (settlement of remuneration), but not End Customer data processed on behalf of the Controller. Stripe is therefore not a sub-processor within the meaning of this DPA.
- Multilogin (Eyes of Wonder Software LLC) is used exclusively to provide proxy and IP infrastructure; no personal data is processed via this service. In the absence of processing of personal data on behalf of the Controller, Multilogin is not a sub-processor within the meaning of Article 28 GDPR and is therefore not included in the list above. Should a processing relationship arise in future, Multilogin must be added to the list before processing begins and the Controller must be informed accordingly.
Acceptance and record
This DPA is provided by the Processor and accepted by the Controller during the registration or onboarding process by ticking the correspondingly designated checkbox. A handwritten signature is not required.
Upon acceptance, the details of Annex I relating to the Controller are automatically taken from the registration data. The Provider logs the acceptance with version, date, time and user account, generates the fully completed version as a PDF and makes it permanently available to the Controller in its user account.
| Record (automatically populated) | Value |
|---|---|
| Controller | [business name] |
| Accepted on / at | [date] / [time] |
| User account | [identifier] |
| Version used | [version] |
| Processor | Schild Roth SEO Agentur GmbH, represented by Timothy Scherman |