Data Processing Agreement (AVV)

Version 1.0, October 2026. This data processing agreement under Art. 28 GDPR consists of the European Commission's Standard Contractual Clauses between controllers and processors (Implementing Decision (EU) 2021/915), unchanged, and Annexes I to IV.

Chosen: the options for Regulation (EU) 2016/679 (GDPR); general written authorisation of sub-processors with 30 days notice (Clause 7.7); the optional Clause 5 (docking clause) is not part of this agreement.

How to conclude it: in Trackneat under Workspace settings → Data processing agreement (AVV). Admins enter the details for Annex I there; date, version and the person accepting are stored. The German version is authoritative.

Standard Contractual Clauses

SECTION I

Clause 1Purpose 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.

(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 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 2Invariability 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 3Interpretation

(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 4Hierarchy

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.

SECTION IIOBLIGATIONS OF THE PARTIES

Clause 6Description 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 7Obligations 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)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 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 8Assistance 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 9Notification 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.

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 IIIFINAL PROVISIONS

Clause 10Non-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

• The agency that concludes this agreement in Trackneat. It enters its name, address and contact person when concluding it.

Where the controller is itself a processor for its own clients (for example for the beacon on its clients' websites), Trackneat is to that extent a further processor (sub-processor) of the controller.

Processor

• Name: Lucas Bender, trading as BLEA Media (Trackneat)
• Address: Stobäusstraße 43, 82515 Wolfratshausen, Germany
• Contact person: Lucas Bender, owner, privacy@trackneat.com
• No data protection officer is appointed (not required under Section 38 BDSG).

ANNEX II: Description of the processing

Categories of data subjects

• Employees and agents of the controller who use Trackneat or are invited (team members).
• Recipients of alerts and reports entered by the controller (for example employees of its clients).
• Owners and contacts of the monitored websites, where a site name or URL relates to a person (for example sole traders).
• Visitors of the monitored websites, only if the controller installs the Trackneat beacon: their IP address and browser identifier technically reach the processor's server with every count. Only anonymous daily counters per website and event type are stored.

Categories of personal data

• Team members in the workspace: name and email address, role in the workspace, invitations, notes such as "I'm on it" on a problem. The accounts themselves (login, password hash, sessions, language setting) are processed by Trackneat as a controller in its own right under its privacy policy.
• Recipients: email addresses and Slack webhook addresses.
• Websites: name, URL, expected tracking IDs, check results (tracking tags and IDs found, state of the cookie banner, error messages). No page content and no screenshots are stored. Report PDFs and uploaded agency logos.
• Beacon: IP addresses shortened in the web server's access log (IPv4 without the last byte, IPv6 only the first 48 bits), overwritten after a few days. The counts themselves contain no personal data.

Sensitive data processed

None. Trackneat is not designed for special categories of personal data under Art. 9 GDPR.

Nature of the processing

Storage, automated visits of publicly reachable websites with a browser, analysis, sending emails and Slack messages, creating PDF reports, deletion.

Purpose of the processing

Providing Trackneat under the terms of service: monitoring the tracking setup of the websites the controller enters, alerting on problems, and reports.

Duration of the processing

• For the term of the contract for the use of Trackneat.
• After the contract ends, the processor deletes the workspace's data (monitored websites with their check results, beacon counts, baselines, problems, reports and logos, and pending invitations) at the latest 30 days after the end of the paid period or the trial, after a notice email to the admins at least 7 days before (Clause 10 (d)). Until then it provides the data on request in a machine-readable format (JSON or CSV).
• Raw check results older than 90 days are continuously summarised into daily values and deleted.
• Backups expire after at most 14 days (on the server) or 30 days (copy held by the processor).

Processing by sub-processors

Subject matter, nature and duration of the processing by sub-processors follow from Annex IV; the duration is the same as in this annex.

ANNEX III: Technical and organisational measures

• Pseudonymisation and encryption: all connections only via HTTPS (TLS) with HSTS. Passwords are stored only as scrypt hashes. IP addresses are shortened before they are written to access logs. The database, the server disk and the processor's copy of the backups are not additionally encrypted; they are protected by access restrictions (see below).
• Confidentiality, integrity, availability and resilience: every agency sees only its own data; every database query is scoped to the workspace, and an automated test deliberately tries to access another agency's data before changes ship. Workspace roles (admin, operator, member). Requests and login attempts are rate-limited, signup is protected against bots. Database and queue can't be reached from the internet. New versions are tested and rolled out without downtime.
• Restoration: the database is backed up every night (14 days on the server) and copied daily to a computer of the processor in Germany outside the data centre (30 days); the restore procedure is documented.
• Regular testing: own security check of the server after changes and regularly (open ports, firewall, access, backups, certificates); monthly maintenance routine with updates and a vulnerability check of dependencies.
• Identification and authorisation: personal accounts with email confirmation, automatic deletion of expired sessions, workspace roles. Server access only via SSH keys; password login is disabled, repeated failed attempts are blocked automatically.
• Protection during transmission: TLS for the website, app, beacon and sending to the email provider.
• Protection during storage: firewall with only three open ports (80, 443, SSH); database reachable only internally; backup files readable only by the operator.
• Physical security: hosting at Hetzner Online GmbH in the Falkenstein data centre (Germany), certified to DIN ISO/IEC 27001:2022. The backup copy is kept on a password-protected computer of the processor that only he can access.
• Logging: web server access logs with shortened IP addresses; application logs use internal identifiers instead of email addresses; technical error reports to Sentry contain no IP addresses, email addresses or request content.
• System configuration: configuration as code in version control; operating-system security updates are installed automatically; the check browser can only reach public websites, internal services are blocked for it.
• Internal governance: the processor runs Trackneat as a sole trader; only he has access to the server and the database. Changes follow a documented procedure with tests and a written change log. Where he uses an AI assistant for development and operations, it receives no personal data: it reads the database only through a dedicated read role that sees nothing but pseudonymised and aggregated data (identifiers, counts, timestamps; no names, email addresses, website addresses or IP addresses), and logs only in masked form.
• Certification and quality assurance: no own certification; the data centre is certified to ISO/IEC 27001.
• Data minimisation: the beacon only transmits counts; the check browser never logs in and stores no page content or images; alert recipients are only accepted from the controller's own team or company domain.
• Data quality: new problems are confirmed with a second check before an alert is sent.
• Limited retention: see "Duration of the processing" in Annex II.
• Accountability: the conclusion of this agreement is stored with date, version and the person accepting; changes of sub-processors are announced under Clause 7.7.
• Data portability and erasure: export on request as JSON or CSV; erasure after the end of the contract as in Annex II.

Assistance to the controller

• The processor notifies personal data breaches (Clause 9.2) without undue delay, at the latest within 48 hours of becoming aware, to the contact person in Annex I and the workspace admins.
• Requests from data subjects received by the processor are forwarded to the controller without undue delay (Clause 8).
• Sub-processors are contractually bound to measures that ensure the protection of the data under this annex.

ANNEX IV: List of sub-processors

The controller authorises the following sub-processors (Clause 7.7, general written authorisation). Services the processor uses only for its own purposes (payments, bot protection at signup, its own analytics and advertising) are described in the privacy policy and are not part of this list.