Formcarry. Data Processing Agreement

Data Processing Agreement (DPA)

Last Updated: November 8, 2025

This Data Processing Agreement ("DPA") is entered into between:

The Customer (acting as a "Data Controller")
Teijal, Inc. d/b/a Formcarry ("Formcarry"), a Delaware corporation (acting as a "Data Processor")

This DPA is incorporated into and forms an integral part of the Formcarry Terms of Service ("the Agreement") and applies to the extent that Formcarry processes Personal Data on behalf of the Customer in the course of providing the Services.

1. Definitions

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
"Personal Data", "Data Subject", "Data Controller", "Data Processor", and "Processing" shall have the meanings given to them in the GDPR.
"Services" means the form backend services provided by Formcarry to the Customer under the Agreement.
"Standard Contractual Clauses" or "SCCs" means the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries, specifically Module Two (Transfer Controller to Processor).

2. Subject Matter of Processing

2.1. Role of the Parties. The parties acknowledge that for the purposes of the GDPR, the Customer is the Data Controller and Formcarry is the Data Processor of the Personal Data processed in connection with the Services.

2.2. Processing Instructions. Formcarry shall only process Personal Data on behalf of and in accordance with the Customer's documented instructions. The Agreement and this DPA constitute the Customer's complete and final instructions to Formcarry for the processing of Personal Data.

2.3. Details of Processing. The details of the data processing are described in Annex I of this DPA.

3. Obligations of the Data Processor (Formcarry)

Formcarry agrees to:

3.1. Confidentiality. Ensure that its personnel authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

3.2. Security. Implement and maintain the technical and organizational security measures described in Annex II to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

3.3. Sub-processing. a. Not engage any other processor ("Sub-processor") without the prior specific or general written authorization of the Customer. In the case of general written authorization, Formcarry shall inform the Customer of any intended changes concerning the addition or replacement of other processors, thereby giving the Customer the opportunity to object to such changes. b. A current list of Formcarry's Sub-processors is maintained at [URL to your public sub-processor list] and is attached as Annex III. c. Where Formcarry engages a Sub-processor, it shall do so by way of a written contract which imposes on the Sub-processor the same data protection obligations as are imposed on Formcarry under this DPA.

3.4. Data Subject Rights. Taking into account the nature of the processing, assist the Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Customer's obligation to respond to requests for exercising the Data Subject's rights under the GDPR.

3.5. Assistance to Controller. Assist the Customer in ensuring compliance with its obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to Formcarry.

3.6. Data Deletion. Upon termination of the Agreement, at the choice of the Customer, delete or return all Personal Data to the Customer, and delete existing copies unless applicable law requires storage of the Personal Data.

3.7. Audits. Make available to the Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer. Such audits shall be subject to reasonable notice and confidentiality obligations.

4. Data Storage and International Data Transfers

4.1. Data Storage Location. All Personal Data processed through the Services is stored on servers located within the European Union (specifically in Frankfurt, Germany via Amazon Web Services). The data remains within the EU at all times during storage and processing.

4.2. Remote Access by US Personnel. While data is stored in the EU, the Customer acknowledges that Formcarry, as a US-based company, may access Personal Data remotely from the United States for the purposes of providing support, maintenance, troubleshooting, and service delivery. Such remote access constitutes an international data transfer under GDPR.

4.3. Transfer Mechanism. To the extent that remote access by Formcarry personnel from the United States constitutes a transfer of Personal Data to a third country, the parties agree that the Standard Contractual Clauses (SCCs), as set out in Schedule 1 of this DPA, shall provide the legal basis for such transfers. The Customer (as "data exporter") and Formcarry (as "data importer") agree to be bound by the terms of the SCCs.

4.4. Schrems II and Supplementary Measures. In accordance with the ruling of the Court of Justice of the European Union in Case C-311/18 ("Schrems II"), the parties agree to the following:

a. Transfer Impact Assessment (TIA). Formcarry has conducted a TIA to assess the risks associated with remote access to EU-stored data by US personnel. The assessment concludes that the combination of EU data storage, limited and controlled US access, and the supplementary measures outlined below provide sufficient protection for the Personal Data.

b. Supplementary Measures. In addition to the safeguards in the SCCs, Formcarry implements the following supplementary measures:

i. Technical Measures:

All Personal Data is encrypted at rest using AES-256 and in transit using TLS 1.2 or higher
Access to production systems requires multi-factor authentication
All remote access is logged and monitored
Data remains physically stored in EU data centers at all times

ii. Organizational Measures:

Access to Personal Data is strictly limited to authorized personnel on a need-to-know basis
All personnel undergo data protection training
Formcarry maintains a strict policy for handling government access requests: we will not disclose Personal Data to any public authority unless legally required to do so under a specific, binding order from a court or competent authority
Formcarry will, to the extent legally permissible, notify the Customer of any government data request and will challenge any requests that are unlawful, overly broad, or disproportionate

iii. Contractual Measures:

Formcarry contractually commits to the obligations in Clauses 14 and 15 of the SCCs regarding obligations in the event of access requests by public authorities
All Sub-processors are bound by equivalent data protection obligations

4.5. No Routine Transfer to US Servers. Formcarry confirms that Personal Data is not routinely transferred to, or stored on, servers located in the United States. The data remains in the EU, and any US access is limited to remote access for operational purposes only.

5. Optional Services and Sub-processors

5.1. Customer Control. Certain features of the Services rely on optional Sub-processors that process data outside the European Union. The Customer has the ability to enable or disable these features through the Formcarry dashboard or by contacting Formcarry support.

5.2. Optional Sub-processors. The following Sub-processors are only engaged if the Customer explicitly enables the corresponding feature:

a. Zapier, Inc. (United States) - Workflow integrations. Zapier is certified under the EU-US Data Privacy Framework.

b. Postmark (ActiveCampaign Ireland Limited) (Ireland) - Custom email delivery servers.

c. Integry, Inc. (United States) - Workflow integrations.

d. OpenAI OpCo, LLC (United States) - AI-powered submission analysis. This feature is disabled by default and requires explicit opt-in by the Customer.

5.3. Customer Responsibility. By enabling optional features that involve third-country Sub-processors, the Customer acknowledges that:

a. Personal Data will be transferred to and processed by the corresponding Sub-processor in their respective country;

b. The Customer is responsible for ensuring they have a lawful basis under applicable data protection law for such processing and transfers;

c. The Customer must inform their Data Subjects about such transfers where required by law;

d. The Customer may disable these features at any time.

5.4. Formcarry's Obligations. For all optional Sub-processors, Formcarry ensures that:

a. Each Sub-processor is bound by a written contract that imposes data protection obligations equivalent to those in this DPA;

b. Where the Sub-processor is located in a third country, appropriate transfer mechanisms (SCCs or adequacy decisions) are in place;

c. The Customer is provided with clear information about which Sub-processors will be engaged when enabling a feature.

6. California Consumer Privacy Act (CCPA) Provisions

6.1. Applicability

This Section 6 applies to the extent that Formcarry processes Personal Information on behalf of the Customer that is subject to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, "CCPA").

6.2. Roles and Definitions

For the purposes of this Section 6:

a. "Business" means the Customer, to the extent the Customer is a "business" as defined under the CCPA.

b. "Service Provider" means Formcarry, which processes Personal Information on behalf of the Business.

c. "Consumer" means a California resident as defined under the CCPA.

d. "Personal Information" has the meaning set forth in the CCPA.

e. "Sell" and "Share" have the meanings set forth in the CCPA.

6.3. Service Provider Obligations

Formcarry certifies that it understands the restrictions in this Section 6 and will comply with them. Specifically, Formcarry agrees that it:

a. Will not "sell" or "share" Personal Information. Formcarry will not sell or share Personal Information processed on behalf of the Business as those terms are defined in the CCPA.

b. Will not retain, use, or disclose Personal Information for any purpose other than for the specific purpose of performing the Services specified in this Agreement, or as otherwise permitted by the CCPA.

c. Will not retain, use, or disclose Personal Information outside of the direct business relationship between Formcarry and the Business, except as permitted by the CCPA.

d. Will not combine Personal Information received from or on behalf of the Business with Personal Information that it receives from or on behalf of another person or persons, or collects from its own interaction with Consumers, except as permitted by the CCPA.

6.4. Assistance with Consumer Requests

Formcarry will, taking into account the nature of the processing, provide reasonable assistance to the Business to enable the Business to respond to verifiable consumer requests from Consumers exercising their rights under the CCPA, including:

a. The right to know what Personal Information is being collected, used, disclosed, or sold;

b. The right to delete Personal Information;

c. The right to correct inaccurate Personal Information;

d. The right to opt-out of the sale or sharing of Personal Information; and

e. The right to limit the use and disclosure of sensitive Personal Information.

6.5. Sub-Service Providers

Formcarry may engage sub-contractors (each, a "Sub-Service Provider") to assist in providing the Services, provided that:

a. Each Sub-Service Provider is contractually bound by obligations that are at least as protective as those set forth in this Section 6; and

b. Formcarry remains fully liable to the Business for the performance of each Sub-Service Provider.

6.6. Certification

Formcarry certifies that it understands and will comply with the restrictions set forth in this Section 6.

6.7. Right to Audit

The Business may, upon reasonable notice and no more than once per year, take reasonable and appropriate steps to ensure that Formcarry is using Personal Information in a manner consistent with the Business's obligations under the CCPA. This may include requesting that Formcarry provide information or documentation demonstrating compliance with this Section 6.

6.8. Data Breach Notification

In the event of a security breach affecting Personal Information processed under this Agreement, Formcarry will notify the Business without unreasonable delay and will cooperate with the Business to enable the Business to comply with its obligations under the CCPA, including notification to affected Consumers and the California Attorney General where required.

6.9. No Conflict with GDPR Provisions

To the extent there is any conflict between the GDPR provisions in this Agreement and the CCPA provisions in this Section 6, the more protective provision shall apply to the relevant Personal Information.

Annex I - Details of the Processing

A. List of Parties

Data Exporter:

Name: The Customer, as defined in the Formcarry Terms of Service.
Activities: The Customer collects Personal Data from Data Subjects through web forms and transfers this data to Formcarry for processing.

Data Importer:

Name: Teijal, Inc. d/b/a Formcarry
Address: 3 Germay Dr, Unit 4 #1278, Wilmington, DE 19804
Contact Person: Nusret Alabuga, nusu@formcarry.com
Activities: Formcarry receives Personal Data from the Data Exporter to provide form backend services.

B. Description of Transfer

Categories of Data Subjects: Individuals who access the Data Exporter's website and submit forms (e.g., website visitors, customers, end-users, leads, support requesters).
Categories of Personal Data: Name, email address, phone number, postal address, IP address, user agent information, form field data, and any other Personal Data that Data Subjects voluntarily submit through the web forms, including file attachments.
Sensitive Data: The Services are not intended for the processing of sensitive data (special categories of personal data under Article 9 GDPR). The Customer agrees not to use the Services to collect sensitive data such as health information, biometric data, racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, or data concerning sex life or sexual orientation, unless the Customer has obtained explicit consent and has a lawful basis under applicable law.
Frequency of Transfer: Continuous, on a per-submission basis, whenever a Data Subject submits a form.
Nature and Purpose of Processing:
- Collect and receive form submission data from Data Subjects
- Store form submission data securely on EU servers
- Provide the Customer with access to collected data via dashboard and API
- Send email notifications to the Customer when forms are submitted (optional)
- Filter spam submissions using automated tools
- Store file attachments submitted through forms
- Enable optional integrations with third-party services (Zapier, Integry, Postmark, OpenAI) as instructed by the Customer
Data Storage Location: All Personal Data is stored on servers located in Frankfurt, Germany (European Union) via DigitalOcean and Amazon Web Services EU regions.
Duration of Processing: Personal Data is retained for as long as the Customer maintains an active account with Formcarry, or until the Customer requests deletion. Upon termination of the Agreement, Personal Data will be deleted or returned in accordance with Section 3.6 of this DPA.

C. Competent Supervisory Authority

The competent supervisory authority shall be the authority of the EU Member State in which the Data Exporter is established or, if not established in the EU, the authority of the Member State in which its representative is established or where the Data Subjects are located.

Annex II - Technical and Organisational Measures

Formcarry implements the following measures to ensure the security of the Personal Data:

Encryption: All data is encrypted at rest (AES-256) and in transit (TLS 1.2+).
Access Control: Access to Personal Data is strictly limited to personnel who require it to perform their job functions. Multi-factor authentication is enforced for all internal systems.
Logging and Monitoring: All access to production systems is logged and monitored for suspicious activity.
Incident Response: Formcarry maintains an incident response plan to address security breaches in a timely manner.
Personnel Security: All employees undergo background checks and receive regular data privacy and security training.
Physical Security: Our cloud infrastructure provider (e.g., AWS) is responsible for the physical security of the data centers, which are certified under SOC 2, ISO 27001, and other industry standards.

Annex III - List of Sub-processors

A current list of Sub-processors is maintained at https://formcarry.com/legal/data-processing-agreement#subprocessors and is updated as changes occur. Customers will be notified at least 30 days in advance of any additions or changes to Sub-processors.

DigitalOcean, LLC	Application servers and database hosting	Frankfurt, Germany (EU)	No transfer (EU-based)
Amazon Web Services, Inc.	Email sending (SES) and file attachment storage (S3)	United States	Data Privacy Framework (DPF) and Standard Contractual Clauses (SCCs)
PostHog, Inc.	Product analytics	Frankfurt, Germany (EU)	No transfer (EU-based)
Automattic Inc. (Akismet)	Spam filtering	United States	Standard Contractual Clauses

Optional Sub-processors (Customer Can Enable/Disable)

These Sub-processors are only engaged if the Customer explicitly enables the corresponding feature:

Sub-processor Name	Purpose	Location	Data Transfer Mechanism	Notes
Zapier, Inc.	Workflow integrations	United States	EU-US Data Privacy Framework + SCCs	DPF Certified
Postmark (ActiveCampaign Ireland Limited)	Custom email delivery	Ireland	Standard Contractual Clauses	Optional feature
Integry, Inc.	Workflow integrations	United States	Standard Contractual Clauses	Optional feature
OpenAI OpCo, LLC	AI-powered submission analysis	United States	Standard Contractual Clauses	Disabled by default, requires explicit opt-in

Analytics Sub-processors

These Sub-processors are used for analytics purposes and do not process form submission data:

Sub-processor Name	Purpose	Location	Data Transfer Mechanism
Google LLC (Google Analytics)	Website analytics	United States	EU-US Data Privacy Framework + SCCs

Schedule 1 - Standard Contractual Clauses (Module Two: Controller to Processor)

SECTION I

Clause 1

Purpose and scope

(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements 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 (General Data Protection Regulation) for the transfer of personal data to a third country.

(b) The Parties:

(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter 'entity/ies') transferring the personal data, as listed in Annex I.A (hereinafter each 'data exporter'), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each 'data importer')

have agreed to these standard contractual clauses (hereinafter: 'Clauses').

(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.

Clause 2

Effect and invariability of the Clauses

(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.

(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.

Clause 3

Third-party beneficiaries

(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:

(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8 – Module Two: Clause 8.1(b), 8.9(a), (c), (d) and (e);
(iii) Clause 9 – Module Two: Clause 9(a), (c), (d) and (e);
(iv) Clause 12 – Module Two: Clause 12(a), (d) and (f);
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18 – Module Two: Clause 18(a) and (b).

(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.

Clause 4

Interpretation

(a) Where these Clauses use terms that are 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 conflicts with rights and obligations provided for in Regulation (EU) 2016/679.

Clause 5

Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 6

Description of the transfer(s)

The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.

Clause 7

Docking clause

(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.

(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.

(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.

SECTION II – OBLIGATIONS OF THE PARTIES

Clause 8

Data protection safeguards

The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.

MODULE TWO: Transfer controller to processor

8.1 Instructions

(a) The data importer shall process the personal data only on documented instructions from the data exporter. The data exporter may give such instructions throughout the duration of the contract.

(b) The data importer shall immediately inform the data exporter if it is unable to follow those instructions.

8.2 Purpose limitation

The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.

8.3 Transparency

On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.

8.4 Accuracy

If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.

8.5 Duration of processing and erasure or return of data

Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).

8.6 Security of processing

(a) The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter '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 purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.

(b) The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

(c) In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all 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.

(d) The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.

8.7 Sensitive data

Where the transfer 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 (hereinafter 'sensitive data'), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.

8.8 Onward transfers

The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter 'onward transfer') if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:

(i) the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer;
(ii) the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
(iii) the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
(iv) the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.

Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.

8.9 Documentation and compliance

(a) The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.

(b) The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.

(c) The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter's request, allow for 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 audit, the data exporter may take into account relevant certifications held by the data importer.

(d) The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.

Clause 9

Use of sub-processors

MODULE TWO: Transfer controller to processor

(a) The data importer has the data exporter's general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.

(b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses.

(c) The data importer shall provide, at the data exporter's request, a copy of such a sub-processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.

(d) The data importer shall remain fully responsible to the data exporter for the performance of the sub-processor's obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub-processor to fulfil its obligations under that contract.

(e) The data importer shall agree a third-party beneficiary clause with the sub-processor whereby – in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent – the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

Clause 10

Data subject rights

MODULE TWO: Transfer controller to processor

(a) The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.

(b) The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects' requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.

(c) In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.

Clause 11

Redress

(a) The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.

(b) In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them.

(c) Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:

(i) lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13;
(ii) refer the dispute to the competent courts within the meaning of Clause 18.

(d) The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679.

(e) The data importer shall abide by a decision that is binding under the applicable EU or Member State law.

(f) The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.

Clause 12

Liability

MODULE TWO: Transfer controller to processor

(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.

(b) The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses.

(c) Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable.

(d) The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer's responsibility for the damage.

(e) Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties.

(f) The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its/their responsibility for the damage.

(g) The data importer may not invoke the conduct of a sub-processor to avoid its own liability.

Clause 13

Supervision

MODULE TWO: Transfer controller to processor

(a) The supervisory authority with responsibility for ensuring compliance by the data exporter with Regulation (EU) 2016/679 as regards the data transfer, as indicated in Annex I.C, shall act as competent supervisory authority.

(b) The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.

SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES

Clause 14

Local laws and practices affecting compliance with the Clauses

MODULE TWO: Transfer controller to processor

(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.

(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:

(i) the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
(ii) the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards;
(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination.

(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses.

(d) The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.

(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a).

(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.

Clause 15

Obligations of the data importer in case of access by public authorities

MODULE TWO: Transfer controller to processor

15.1 Notification

(a) The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:

(i) receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer.

(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.

(c) Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.).

(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request.

(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.

15.2 Review of legality and data minimisation

(a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e).

(b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

(c) The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

SECTION IV – FINAL PROVISIONS

Clause 16

Non-compliance with the Clauses and termination

(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).

(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:

(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses.

In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.

(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.

(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.

Clause 17

Governing law

MODULE TWO: Transfer controller to processor

These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Ireland.

Clause 18

Choice of forum and jurisdiction

MODULE TWO: Transfer controller to processor

(a) Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State.

(b) The Parties agree that those shall be the courts of Ireland.

(c) A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence.

(d) The Parties agree to submit themselves to the jurisdiction of such courts.

APPENDIX TO THE STANDARD CONTRACTUAL CLAUSES

This Appendix forms part of the Standard Contractual Clauses and must be completed and signed by the parties.

ANNEX I

A. LIST OF PARTIES

MODULE TWO: Transfer controller to processor

Data exporter(s):

Name:	The Customer, as defined in the Formcarry Terms of Service
Address:	The address for Customer associated with its Formcarry account
Contact person's name, position and contact details:	The contact details associated with Customer's Formcarry account
Activities relevant to the data transferred under these Clauses:	The Customer collects Personal Data from Data Subjects through web forms and transfers this data to Formcarry for processing
Signature and date:	By accepting the Formcarry Terms of Service
Role:	Controller

Data importer(s):

Name:	Teijal, Inc. d/b/a Formcarry
Address:	3 Germay Dr, Unit 4 #1278, Wilmington, DE 19804, United States
Contact person's name, position and contact details:	Nusret Alabuga, Founder - nusu@formcarry.com
Activities relevant to the data transferred under these Clauses:	Formcarry receives Personal Data from the Data Exporter to provide form backend services, including form submission handling, storage, spam filtering, and optional integrations
Signature and date:	By accepting the Formcarry Terms of Service
Role:	Processor

B. DESCRIPTION OF TRANSFER

MODULE TWO: Transfer controller to processor

Categories of data subjects whose personal data is transferred:	Individuals who access the Data Exporter's website and submit forms (e.g., website visitors, customers, end-users, leads, support requesters, form respondents)
Categories of personal data transferred:	Name, email address, phone number, postal address, IP address, user agent information, form field data, file attachments, and any other Personal Data that Data Subjects voluntarily submit through the web forms
Sensitive data transferred (if applicable) and applied restrictions or safeguards:	The Services are not intended for processing sensitive data (special categories under Article 9 GDPR). If the Customer processes sensitive data, they must ensure appropriate legal basis and implement additional safeguards. Formcarry applies encryption and access controls as described in Annex II.
The frequency of the transfer:	Continuous basis, on a per-submission basis whenever a Data Subject submits a form
Nature of the processing:	Collection, recording, storage, retrieval, consultation, use, disclosure by transmission, dissemination, alignment, restriction, erasure, and destruction of personal data
Purpose(s) of the data transfer and further processing:	Collect and receive form submission data from Data Subjects Store form submission data securely on EU servers Provide the Customer with access to collected data via dashboard and API Send email notifications to the Customer when forms are submitted Filter spam submissions using automated tools Store file attachments submitted through forms Enable optional integrations with third-party services as instructed by the Customer
The period for which the personal data will be retained:	Personal Data is retained for as long as the Customer maintains an active account with Formcarry, or until the Customer requests deletion. Upon termination of the Agreement, Personal Data will be deleted or returned in accordance with Section 3.6 of the DPA and Clause 8.5 of the SCCs.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing:	See Annex III for the list of sub-processors. Sub-processing occurs for the duration of the contractual relationship between Formcarry and its Customer. The nature and subject matter of sub-processing varies by sub-processor as specified in Annex III of the DPA.

C. COMPETENT SUPERVISORY AUTHORITY

MODULE TWO: Transfer controller to processor

The competent supervisory authority shall be the supervisory authority of the EU Member State in which the Data Exporter is established. If the Data Exporter is not established in the EU, the competent supervisory authority shall be the supervisory authority of the Member State in which the Data Exporter's representative is established. If no representative is appointed, the competent supervisory authority shall be the supervisory authority of the Member State where the Data Subjects whose personal data is transferred under these Clauses are located.

ANNEX II

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA

MODULE TWO: Transfer controller to processor

Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons:

1. Measures of Pseudonymization and Encryption

Encryption at rest using AES-256 for all stored personal data
Encryption in transit using TLS 1.2 or higher for all data transfers
Hashing of passwords using industry-standard algorithms (bcrypt)
Tokenization of sensitive identifiers where applicable

2. Measures for Ensuring Ongoing Confidentiality, Integrity, Availability and Resilience

Multi-factor authentication (MFA) for all administrative access
Role-based access control (RBAC) with principle of least privilege
Regular security patches and updates
Web Application Firewall (WAF) protection
DDoS protection and mitigation
Redundant infrastructure with automatic failover
Regular automated backups with tested restoration procedures

3. Measures for Ensuring the Ability to Restore Availability and Access

Daily automated backups stored in geographically separate locations
Documented disaster recovery procedures
Regular testing of backup restoration processes
Business continuity planning with defined RTO/RPO objectives

4. Processes for Regularly Testing, Assessing and Evaluating Effectiveness

Annual security assessments and penetration testing
Continuous security monitoring and alerting
Regular review and update of security policies and procedures
Incident response plan with defined escalation procedures
Security awareness training for all personnel

5. Measures for User Identification and Authorization

Unique user accounts with strong password requirements
Automatic session timeouts after periods of inactivity
Account lockout policies after failed login attempts
Regular access reviews and deprovisioning procedures

6. Measures for the Protection of Data During Transmission

Mandatory TLS/SSL encryption for all data transmission
Certificate pinning where applicable
VPN access for administrative functions
Secure API endpoints with authentication tokens

7. Measures for the Protection of Data During Storage

Encryption of databases and file storage systems
Secure key management using hardware security modules (HSM) or key management services
Data segregation between different customers
Secure deletion procedures for data removal

8. Measures for Ensuring Physical Security of Locations

Data centers with 24/7 physical security monitoring
Biometric access controls to server rooms
Environmental controls (temperature, humidity, fire suppression)
SOC 2 Type II and ISO 27001 certified data center facilities

9. Measures for Ensuring Events Logging

Comprehensive audit logging of all access and modifications
Centralized log management and analysis
Log retention in accordance with legal requirements
Real-time alerting for suspicious activities
Regular log reviews and analysis

10. Measures for Internal IT and IT Security Governance and Management

Documented information security policies and procedures
Regular security awareness training for all staff
Background checks for personnel with access to personal data
Confidentiality agreements with all personnel
Change management procedures for system updates
Vendor security assessments for third-party services

11. Measures for Certification/Assurance of Processes and Products

Regular compliance assessments against industry standards
Third-party security certifications where applicable
Continuous improvement processes based on security assessments

12. Measures for Ensuring Data Minimization

Data retention policies aligned with customer requirements
Automatic data purging based on retention settings
Tools for customers to manage and delete their data
Regular reviews of data collection practices

13. Measures for Ensuring Data Quality

Data validation at point of entry
Tools for customers to update and correct data
Regular data integrity checks

14. Measures for Ensuring Limited Data Retention

Configurable retention periods per customer requirements
Automatic deletion of data after retention period expires
Secure deletion procedures that ensure data cannot be recovered

15. Measures for Ensuring Accountability

Data Protection Officer (DPO) designation where required
Privacy by design and default principles in product development
Data Protection Impact Assessments (DPIA) for high-risk processing
Records of processing activities maintained as required by GDPR
Regular privacy and security training for all personnel

ANNEX III

LIST OF SUB-PROCESSORS

MODULE TWO: Transfer controller to processor

The controller has authorized the use of the following sub-processors:

Required Sub-processors (Always Active):

Name	Description of Processing	Location
DigitalOcean, LLC	Cloud infrastructure for application hosting and database storage	Frankfurt, Germany (EU)
Amazon Web Services, Inc.	Email delivery service (SES) and file storage (S3)	United States (with EU-US Data Privacy Framework)
PostHog, Inc.	Product analytics and usage tracking	Frankfurt, Germany (EU)
Automattic Inc. (Akismet)	Spam detection and filtering	United States (with Standard Contractual Clauses)

Optional Sub-processors (Customer-Enabled):

Name	Description of Processing	Location
Zapier, Inc.	Workflow automation and third-party integrations	United States (EU-US Data Privacy Framework certified)
Postmark (ActiveCampaign Ireland Limited)	Custom email delivery services	Ireland (EU)
Integry, Inc.	Workflow integrations and automation	United States (with Standard Contractual Clauses)
OpenAI OpCo, LLC	AI-powered submission analysis (disabled by default, requires opt-in)	United States (with Standard Contractual Clauses)

The data exporter acknowledges and agrees that the data importer may engage the sub-processors listed above. Any changes to this list will be communicated to the data exporter with at least 30 days' notice, providing the opportunity to object to such changes.