GDPR Data Processing Agreement

1. Introduction

This GDPR Data Processing Agreement ("DPA") is an addendum to the Terms of Service between APPLIKU DOO NOVI SAD ("APPLIKU", "we", "us", or "our") and the customer using UptimeFor.me. It applies where APPLIKU processes personal data on behalf of a customer in connection with the service and that processing is subject to GDPR, UK GDPR, Swiss data protection law, or similar data protection laws.

2. Roles of the Parties

For customer content, monitor configuration, subscriber data, and other personal data submitted to UptimeFor.me by or on behalf of a customer, the customer is the controller and APPLIKU acts as processor. APPLIKU may also process some data as an independent controller, including account, billing, security, product analytics, support, and legal compliance data, as described in our Privacy Policy.

3. Customer Instructions

APPLIKU will process customer personal data only to provide, secure, maintain, support, and improve UptimeFor.me, to comply with the Terms of Service, to follow documented lawful instructions from the customer, and to meet legal obligations. The Terms of Service, this DPA, and the customer's product configuration are the customer's complete processing instructions.

4. Customer Responsibilities

The customer is responsible for complying with applicable data protection laws, having a lawful basis for personal data submitted to the service, providing required notices, obtaining required consents, responding to data subject requests where applicable, and ensuring the customer's use of UptimeFor.me is lawful.

5. Subprocessors

APPLIKU may use subprocessors to provide hosting, databases, email delivery, payments, analytics, logging, customer support, fraud prevention, and other service infrastructure. We require subprocessors to protect personal data under appropriate written data protection terms. APPLIKU remains responsible for subprocessors as required by applicable data protection laws.

If we add or replace a subprocessor in a way that materially affects processing of customer personal data, we will provide reasonable notice. Customers may object on reasonable data protection grounds by contacting us promptly.

6. Security

APPLIKU will maintain appropriate technical and organizational measures designed to protect personal data against unauthorized or unlawful processing and accidental loss, destruction, damage, alteration, or disclosure. Measures may include access controls, encryption in transit, logging, backups, network protections, and operational security processes.

If APPLIKU becomes aware of a security incident involving customer personal data, we will notify the affected customer without undue delay and provide information reasonably available to us.

7. International Transfers

APPLIKU and its subprocessors may process personal data in countries other than the customer's country. Where data protection laws require safeguards for international transfers, APPLIKU will use appropriate transfer mechanisms such as adequacy decisions, standard contractual clauses, or other lawful safeguards.

8. Deletion and Return

After account termination or deactivation of the relevant service, APPLIKU will delete customer personal data within a reasonable period, except where retention is required by law, needed for legitimate business purposes, or present in backups. Backup copies are protected from active processing and deleted according to backup retention cycles.

9. Cooperation

Taking into account the nature of the processing and the information available to us, APPLIKU will provide reasonable assistance to help customers respond to data subject requests, security obligations, data protection impact assessments, and regulator inquiries related to processing under this DPA.

10. Audits and Information Requests

Upon reasonable written request, APPLIKU may provide information needed to demonstrate compliance with this DPA. Requests must be limited to information reasonably necessary for data protection compliance and may be subject to confidentiality, security, and operational limits.

11. Liability and Contact

Liability under this DPA is subject to the limitations and exclusions in the Terms of Service. For questions about this DPA or data protection requests, contact APPLIKU DOO NOVI SAD at support@appliku.com.