This data processing agreement (the “Agreement”) is entered between:

(A) User (the “User”); and

(B) Konch UK Ltd., a company incorporated in the UK under the register no. SC609589 (the “Supplier”)

1. SCOPE OF THE AGREEMENT

1.1 The Supplier acts as a data processor for User, as the Supplier processes personal data for User as set out in Annex 1.

1.2 The personal data to be processed by the Supplier concerns the categories of data, the categories of data subjects and the purposes of the processing set out in Annex 1.

2. PROCESSING OF PERSONAL DATA

2.1 The Supplier processes the personal data only for the purposes of providing the data processing tasks set out in Annex 1. The Supplier may not process or use User’s personal data for any other purpose than provided in the instructions, including the transfer of personal data to any third country or an international organisation, unless the Supplier is required to do so according to Union or member state law. In that case, the Supplier shall inform User in writing of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

2.2 If User in the instructions in Annex 1 or otherwise has given permission to a transfer of personal data to a third country or to international organisations, the Supplier must ensure that there is a legal basis for the transfer, e.g. the EU Commission’s Standard Contractual Clauses for the transfer of personal data to third countries.

2.3 If the Supplier considers an instruction from User to be in violation of the GDPR, or other Union or member state data protection provisions, the Supplier shall immediately inform User in writing about this.

2.4 If the Supplier is subject to legislation of a third country, the Supplier declares not to be aware of the mentioned legislation preventing the Supplier from fulfilling the Agreement, and that the Supplier will notify User in writing without undue delay, if the Supplier becomes aware of that such hindrance is present or will occur.

3. THE SUPPLIER’S GENERAL OBLIGATIONS

3.1 The Supplier must ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

3.2 The Supplier shall implement appropriate technical and organisational measures to prevent that the personal data processed is

(i) accidentally or unlawfully destroyed, lost or altered,

(ii) disclosed or made available without authorisation, or

(iii) otherwise processed in violation of applicable laws, including the GDPR.

3.3 The Supplier must also comply with the special data security requirements that apply to User, see Annex 1, and with any other applicable data security requirements that are directly incumbent on the Supplier; including the data security requirements in the country of establishment of the Supplier, or in the country where the data processing will be performed.

3.4 The appropriate technical and organisational security measures must be determined with due regard for

(i) the current state of the art,

(ii) the cost of their implementation, and

(iii) the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

3.5 The Supplier shall upon request provide User with sufficient information to enable User to ensure that the Supplier’s obligations under the Agreement are complied with, including ensuring that the appropriate technical and organisational security measures have been implemented.

3.6 The Supplier must without undue delay after becoming aware of the facts in writing notify User about:

(i) any request for disclosure of personal data processed under the Agreement by authorities, unless expressly prohibited under Union or member state law,

(ii) any suspicion or finding of (a) breach of security that results in accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed by the Supplier under the Agreement, or (b) other failure to comply with the Supplier’s obligations under Clause 3.2 and 3.3, or

(iii) any request for access to the personal data received directly from the data subjects or from third parties.

3.7 The Supplier must promptly assist User with the handling of any requests from data subjects, including requests for access, rectification, blocking or deletion. The Supplier must also assist User by implementing appropriate technical and organisational measures, for the fulfilment of Users’ obligation to respond to such requests.

3.8 The Supplier must assist User with meeting the other obligations that may be incumbent on User according to Union or member state law where the assistance of the Supplier is implied, and where the assistance of the Supplier is necessary for User to comply with its obligations. This includes, but is not limited to, at the request to provide User with all necessary information about an incident under Clause 3.6 (ii), and all necessary information for an impact assessment.

3.9 In Annex 1, the Supplier has stated the physical location of the servers, service centres etc. used to provide the data processing services. The Supplier undertakes to keep the information about the physical location updated by providing a prior in-app notification of two months to User. This does not require a formal amendment of Annex 1, prior written notice by mail or email suffices.

4. SUBSUPPLIERS

4.1 The Supplier shall not engage a sub supplier for the processing of personal data under this Agreement without prior communication to User.

4.2 Prior to the engagement of a sub supplier, the Supplier shall conclude a written agreement with the sub supplier, in which at least the same data protection obligations as set out in the Agreement shall be imposed on the sub supplier, including an obligation to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR.

4.3 User has the right to receive a copy of the Supplier’s agreement with the sub supplier as regards the provisions related to data protection obligations.

5. CONFIDENTIALITY

5.1 The Supplier shall keep personal data confidential.

5.2 The Supplier shall not disclose the personal data to third parties or take copies of personal data unless strictly necessary for the performance of the Supplier’s obligations towards the User according to the Agreement, and on the condition that whoever personal data is disclosed to is familiar with the confidential nature of the data and has accepted to keep the personal data confidential in accordance with this Agreement.

5.3 If the Supplier is a legal entity all terms of the Agreement apply to any of the Supplier’s employees and the Supplier must ensure that its employees comply with the Agreement.

5.4 The Supplier must limit the access to personal data to employees for whom access to said data is necessary to fulfil the Supplier’s obligations towards User.

5.5 The obligations of the Supplier under Clause 5 persist without time limitation and regardless of whether the cooperation of the Parties has been terminated.

5.6 User shall treat confidential information received from the Supplier confidentially and may not unlawfully use or disclose the confidential information.

6. ASSIGNMENTS

6.1 The Supplier may not assign or transfer any of its rights or obligations arising from this Agreement without Users’ prior notice.

7. TERM AND TERMINATION OF THE AGREEMENT

7.1 The Agreement enters into force when User starts uploading data.

7.2 Regardless of the term of the Agreement, the Agreement is in force as long as the Supplier processes the personal data, for which User is data controller.

7.3 The Supplier is obliged to assist in a loyal way and as fast as possible with transferring the personal data to another supplier.

7.4 On Users request the Supplier shall immediately transfer or delete personal data, which the Supplier is processing for User, unless Union or member state law requires storage of the personal data.

8. PRIORITY

8.1 If any of the provisions of the Agreement conflicts with the provisions of any other written or oral agreement concluded between the Parties, then the provisions of the Agreement shall prevail. However, the requirements in Clause 3 do not apply to the extent that the Parties in another agreement have set out stricter obligations for the Supplier. Furthermore the Agreement shall not apply if and to the extend the EU Commission’s Standard Contractual Clauses for the transfer of personal data to third countries are concluded and such clauses set out stricter obligations for the Supplier and or for sup-suppliers.

8.2 This Agreement does not determine Users remuneration of the Supplier for the Supplier’s services according to the Agreement.

ANNEX 1

This Annex constitutes Users instruction to the Supplier in connection with the Supplier’s data processing for User, and is an integrated part of the Agreement.

The processing of personal data

(a) Purpose and nature of the processing operations

  • (i) Konch processes the data it receives from the Data Controller for the purposes of transcribing audio and video files. 

(b) Categories of data subjects:

  • (i) Interviewed person
  • (ii) User

(c) Categories of personal data

  • Re b) (i): Name, email, personal opinions, voice, picture, video recordings of the person speaking, speak transcribed to text
  • Re b) (ii): Name, email, voice, picture, person speaking, speak transcribed to text

(d) Special categories of data

  • Re b) (i): Special categories of personal data under GDPR article 9 e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, data concerning health etc.  
  • Re b) (ii): Special categories of personal data under GDPR article 9 e.g. racial or ethnic origin, data concerning health etc.

(d) Locations

Collections (transcripts, audio/video files)

  • Service: Amazon S3
  • Location EU users: Dublin, Ireland.
  • Location US users: N. Virginia, US.

Collection MetaData (duration, links, processing status, API-User IDs)

  • Service: Amazon DynamoDB
  • Location EU users: Dublin, Ireland.
  • Location US users: N. Virginia, US.

In house AI model transcription processor

  • Service: Amazon EC2
  • Location EU users: Dublin, Ireland.
  • Location US users: N. Virginia, US.

Log data

  • Service: Amazon CloudWatch
  • Location EU users: Dublin, Ireland.
  • Location US users: N. Virginia, US.

User information (email, password, name, organisation)

  • Service: Google Firebase
  • Location: nam5 (us-central)