Third Party Index

Snapshot 40777

Document
Data processing addendum
URL
https://www.gleap.ai/documents/GleapDataProcessingAddendum.pdf
Fetched
HTTP status
200
Content type
application/pdf
Fetch mode
pdf
Size
319955 bytes
SHA-256 (raw)
dd971b31aa31b9f50aa4291752e4066140a6c852a65c373d288d456b370457e7
SHA-256 (normalized text)
ca57afef1eb64305afb6449628ec8eabda57cb986e7bad8a0fa257be1bebc058

Normalized text

Scripts and page chrome removed; this is what change detection compares.

Data Processing Addendum
This Data Processing Addendum, including its annexes (the "DPA"), is made and entered into
as of the effective date (the "Effective Date") of the applicable client’s ("Client") acceptance of
the Terms of Service between Gleap GmbH (“Gleap”) and Client to which this DPA is attached
and incorporated (the "Agreement"). All capitalised terms not otherwise defined in this DPA
will have the meaning given to them in the Agreement. Under the Agreement, Gleap provides
certain Services to Client that may involve Gleap processing client’s data, which may include
personal data (as defined in the GDPR).

This DPA forms part of the Agreement and contains certain terms and conditions relating to
data protection, privacy and security to include certain requirements of the General Data
Protection Regulation (EU) 2016/679 (the "GDPR"), including the GDPR as saved into United
Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act
2018 (the "UK GDPR"), and the California Consumer Privacy Act of 2018 (Cal. Civ. Code, Title
1.81.5 comprising §§ 1798.100 – 1798.198 (as amended) (the "CCPA"), where applicable.
Each party shall comply with the mandatory laws applicable to its processing; this DPA does
not displace mandatory CCPA or UK GDPR requirements.

Contractor: Gleap GmbH, Am Dorfplatz 3, 6858 Schwarzach, Austria.

Last updated: 20.09.2026
1     Preamble
1.1   With this contract, the parties mutually regulate their rights and obligations with regard
      to the processing of personal data for the duration of the order and, if expressly
      provided for in this contract, beyond the duration of this contract.

1.2   In this contract, the Contractor shall provide the guarantees required under Article 28
      of the General Data Protection Regulation (hereinafter "GDPR") that the processing
      complies with the requirements of the GDPR and that the protection of the rights of the
      data subject is ensured by appropriate technical and organizational measures.

1.3   This Agreement applies to all activities in which the Contractor, employees of the
      Contractor or subcontractors engaged by the Contractor (hereinafter referred to as
      "Subcontractors") process personal data of the Client within the scope of the Client‘s
      order.

1.4   Terms used in this DPA have the meanings given in the GDPR. The Client acts as
      Controller and Gleap GmbH (the Contractor) as Processor. If the Client acts as
      Processor for another Controller, the Contractor acts as its sub-processor and the
      Client warrants that it is authorized to issue the instructions and grant the authorizations
      in this DPA on that Controller's behalf.

2     Subject matter of the contract / duration
2.1   Subject
      In order to fulfil the mission agreed between the Parties, the Contractor shall perform
      the following processing operations:

      Customer feedback and support services, including bug and crash reporting, live chat,
      feature requests, surveys, product tours, email communication, help-center services,
      news and release notes. Optional AI services include agents, reply assistance,
      transcription, search and retrieval, knowledge-base ingestion and connected-repository
      analysis and code assistance, as configured by the Client and described in Annex 8.10.

      The service agreement, applicable order and this DPA describe the services and
      processing. The Client's authorized configuration and use of the service constitute
      documented instructions within that scope. This DPA prevails for personal-data
      processing if it conflicts with the service agreement, subject to mandatory law and any
      applicable Standard Contractual Clauses. A separately negotiated written provision
      expressly varying this DPA prevails only to the extent legally permitted. Processing
      shall be limited to what is necessary to provide the configured services.

                                                 2
2.2   Duration
      Processing shall commence on the effective date (the "Effective Date") of the
      applicable client’s acceptance of the Terms of Service between Gleap GmbH
      (“Gleap”) and Client to which this DPA is attached and incorporated and shall
      continue indefinitely until termination of this Agreement or the Service Agreement by
      either party.

3     Type, purpose and data subjects of the data processing:

3.1   Type of processing
      Processing means the collection, recording, organisation, structuring, storage,
      adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
      dissemination or otherwise making available, alignment or combination, restriction,
      erasure or destruction of data, as referred to in Article 4(2) of the GDPR.

3.2   Purpose of processing
      The underlying purpose of the processing is regulated in the service description of the
      service conditions, which is attached to this contract as Annex ./2.1.

3.3   Type of personal data

      The following data are processed by the contractor:

      Personal Data:
      (i)     Chat messages:

              Date;

              Message;

              Attachment (file, optional);

              Session ID;

      (ii)    Every ticket inquiry comes with the following data:

              Form data (depends on what data you collect - typically email & description);

              Date created;

              Outbound ID (when sent as survey);

              Priority of the inquery;

              Status of the inquery;

              Session ID (used to identify the user);

              Project ID;
                                              3
               Organization ID;

               Screenshot data (for JS);

               Replay data;

               Steps to reproduce data;

               Clicks (used to reproduce the issue);

               Metadata (including OS info, browser info);

               Attachments (if activated);

               Network logs (if activated);

               Custom data (this is data set by our customer - we don't know what it includes);

               Action log (if set);

               Console logs (includes the log of the developer console);

       (iii)   The Gleap session data includes:

               Gleap ID (randomized ID to identify a session);

               Gleap Session Hash (Hash that provides proof of identity);

               Name (if set with the identify method)

               User ID (if set with the identify method)

               Email address (if set with the identify method OR through form-data);

               Approximated location (the accuracy allows only to identify the country due to
               anonymization of the IP address);

               IP-address (not directly stored but used for rate limiting to protect our
               infrastructure);

               Name (if set with the identify method or extracted from the email address);

               Value of the customer;

               Custom data (this is data set by our customer - we don't know what it includes);

Only the Gleap ID and Gleap Session Hash are mandatory and generated by default. All other
information is optional and depends on the configuration of the customer's project.

       (iv)    Events (Gleap allows customers to track events like "signedUp",
               "loggedIn" (events are used for debugging purpose & to trigger surveys
               & outbound messages)

                                                4
              Date;

              Session ID;

              Event name;

              Custom event data (this is data set by our customer - we don't know what it
              includes);

3.4    Categories of data subjects

The following persons are affected by the processing by the Contractor:

           customers of the Client, interested parties of the Client, employees of the Client,
           App & Website users of the Client.

4      Obligations of the Client
4.1    The Client is responsible for the lawfulness of its personal data and instructions,
       including the required legal bases, notices and consents, data minimization, and
       decisions about data-subject requests. The Client shall configure its integrations,
       masking, access permissions and optional AI features appropriately and shall not
       submit special-category or criminal-conviction data unless expressly agreed in writing
       with suitable safeguards. The Contractor shall assist as required by this DPA and
       applicable law and shall forward requests concerning the Client's data without undue
       delay. Nothing in this clause removes the Contractor's own statutory obligations.

4.2    Changes outside the agreed services or processing scope, including a migration of
       existing data between regions, require written agreement on scope, feasibility, timing
       and any reasonable charges. This does not restrict assistance or other obligations
       required by applicable data protection law.

4.3    The Client may issue documented instructions through authorized service settings, the
       applicable order or email to the contacts in Annex 10.2. The Client shall secure its
       accounts and ensure that persons giving instructions are authorized.

4.4    Should the Client gain knowledge of the Contractor's trade secret or data security
       measures during this contractual relationship, the Client undertakes to treat these
       confidentially. This obligation shall continue to apply even after termination of this
       contract.

                                                5
5     Obligations of the Contractor
5.1   The Contractor shall process personal data exclusively as agreed in this Agreement or
      as instructed by the Client. Exceptions apply if the Contractor is legally obligated to a
      certain processing. If such obligations exist for the Contractor, the Contractor shall
      inform the Client thereof prior to processing, unless such notification is prohibited by
      law from the outset. The data provided for processing shall be processed exclusively
      for the purposes specified in the service agreement. These data shall not be used by
      the Contractor for any other purposes or for its own purposes.

5.2   The Contractor confirms that he is aware of the relevant data protection regulations.
      The Contractor is committed to the proper processing of data.

5.3   The Contractor shall maintain strict confidentiality in the processing of the data.

5.4   All persons (in particular employees of the Contractor) who obtain knowledge of the
      data processed in the order shall undertake in writing to maintain confidentiality, unless
      they are already subject to a duty of confidentiality regulated in the respective service
      contract or to statutory duties of secrecy. The list of persons to whom access has been
      granted shall be reviewed at regular intervals. On the basis of this review, access to
      personal data may be withdrawn if such access is no longer required; these persons
      shall consequently have no further access to personal data.

5.5   The Contractor warrants that its employees have been familiarized with the relevant
      provisions of data protection and this Agreement prior to the start of processing. The
      Contractor shall hold corresponding training and awareness-raising measures for
      employees on a regular basis. In addition, the Contractor shall ensure that the
      employees used for the commissioned processing are appropriately instructed and
      monitored with regard to the data protection requirements on an ongoing basis.

5.6   Taking into account the nature of processing and the information available to it, the
      Contractor shall provide reasonable assistance required by Articles 28(3)(e) and (f)
      GDPR, including data-subject requests, security, breach obligations, impact
      assessments and prior consultation. The Contractor may charge reasonable,
      documented fees for assistance beyond standard service functionality, notified in
      advance, except to the extent required to remedy its own breach or prohibited by law.
      Urgent statutory assistance shall not be delayed pending agreement or payment of
      fees.

                                              6
5.7   If the Client is subject to an inspection or if data subjects assert rights against the Client,
      the Contractor shall support the Client to the extent necessary. However, this shall only
      be done to the extent that the processing of the respective order is affected.

5.8   The Contractor may only provide information to third parties, or the person concerned
      with the prior consent of the Client. Inquiries addressed directly to the Contractor shall
      be forwarded to the Client without undue delay for appropriate response.

5.9   The Client selects the EU or US hosting region at signup or in the applicable order.
      Customer databases, uploaded files and backups remain in that region: DigitalOcean
      Frankfurt, Germany, for EU accounts and DigitalOcean NYC3, New York, United
      States, for US accounts. EU accounts use EU AI endpoints and US accounts use US
      AI endpoints. The selection is a documented hosting instruction; changing an SDK
      endpoint does not migrate existing data. A migration requires a further documented
      instruction and agreement under clause 4.2. Regional storage and AI endpoints do not
      determine the location of every provider operation, supporting service, remote access
      or onward transfer. Such processing is limited to the purposes and locations disclosed
      in Annex 8.10 and remains subject to clauses 8.1, 8.4 and 8.7. Before a transfer subject
      to Chapter V GDPR occurs, the Contractor shall ensure an applicable adequacy
      decision or appropriate safeguards, including completed Standard Contractual Clauses
      where relied upon and supplementary measures where required. An applicable UK
      transfer instrument shall be used where UK GDPR requires it. Selection of US hosting
      does not waive statutory rights or constitute reliance on an Article 49 derogation.
      Existing regional restrictions remain effective until validly amended.

6     Security of the Processing
6.1   The Parties agree that the data security measures set out in Annex ./6.1 are binding in
      order to ensure the security of the Processing as defined in Article 32 of the GDPR.
      The Contractor shall take data security measures appropriate to the respective risk.

6.2   The Contractor may update technical and organizational measures to reflect technical
      developments and service changes, provided that the overall level of protection is not
      materially reduced and Article 32 GDPR continues to be met. Material changes
      affecting the Client's data protection shall be notified without undue delay. Any
      departure from expressly agreed minimum protections requires agreement where
      required by the applicable contract or law.

                                               7
6.3   If the Contractor becomes aware that the agreed technical and organizational
      measures no longer meet its obligations under this DPA or Article 32 GDPR, it shall
      notify the Client without undue delay and take appropriate corrective action.

6.4   The Contractor shall maintain logical separation of customer data and appropriate
      access controls in its shared service infrastructure. This does not require dedicated
      physical infrastructure unless expressly agreed.

6.5   The Client authorizes copies reasonably necessary to provide, secure, back up and
      restore the service, subject to this DPA's purpose, confidentiality, regional storage and
      retention requirements. Copies shall not be used for unrelated purposes.

6.6   Processing from private homes is permitted only through the Contractor’s VPN using
      company-managed devices and subject to the access controls and confidentiality
      obligations of this DPA. Processing on personal devices is prohibited.

6.7   To the extent required by law, the Contractor shall appoint a competent and reliable
      person as data protection officer so that the Client can contact the data protection
      officer directly in cases of doubt (see Annex ./6.7).

6.8   The Contractor shall make available the information necessary to demonstrate
      compliance with Article 28 GDPR and allow for and contribute to audits, including
      inspections, by the Client or an independent auditor mandated by it. Routine assurance
      shall first use available independent audit reports, relevant documentation and
      reasonable written responses under confidentiality. If these do not reasonably resolve
      a substantiated compliance concern, an appropriately scoped inspection shall be
      allowed. Routine audits require 30 days' written notice, occur during business hours no
      more than once per year and are at the Client's expense. Those limits do not apply
      where a competent authority requires otherwise, following a relevant personal data
      breach, or where additional audits are reasonably necessary to investigate credible
      evidence of material non-compliance. The parties shall minimize disruption and protect
      other customers' data, trade secrets and system security, using redaction or equivalent
      evidence where appropriate without preventing legally required verification. Auditors
      shall be suitably qualified, independent and bound to confidentiality. The Contractor
      may charge reasonable documented assistance costs, except for audits establishing
      its material breach or where prohibited by law. Mandatory authority powers and
      statutory audit rights remain unaffected.

                                               8
7     Regulations on the correction, deletion and blocking of data
7.1   The Contractor shall only correct, delete or block data processed within the scope of
      the Client‘s order in accordance with the contractual agreement reached or at the
      Client‘s instruction.

7.2   The Contractor shall implement lawful correction, deletion and restriction instructions
      concerning personal data it still holds, including after termination, subject to clause 11
      and applicable retention law. The Client should use available self-service controls
      where appropriate. Reasonable fees for additional assistance may apply under clause
      5.6; no fee shall excuse or delay a mandatory obligation.

8     Subcontracting Relationships (Subcontractors)
8.1   The Client grants general written authorization for the Subcontractors identified in
      Annex ./8.10. Before an additional or replacement Subcontractor engaged directly by
      the Contractor begins processing the Client’s personal data, the Contractor shall
      provide at least thirty (30) calendar days’ advance email notice identifying the provider,
      processing activities and locations, intended commencement date and applicable
      international-transfer safeguards. The Client may object during that period on
      reasonable data protection grounds. The parties shall work in good faith to resolve the
      objection, including through an alternative provider, configuration or safeguards. The
      proposed Subcontractor shall not process the Client’s personal data while a timely
      objection remains unresolved. The Contractor shall maintain a dated list consistent with
      Annex ./8.10; publication alone does not replace email notice. The Client shall maintain
      a current notification email address. Changes to further processors engaged by a
      Subcontractor are governed by Clause 8.4. If a timely objection cannot be resolved
      within 30 days, either party may terminate only the affected service on written notice
      before the objected-to processing begins. The Contractor shall refund prepaid fees for
      the unused terminated period. Unaffected services continue; no additional termination
      compensation is due except where required by law or for an existing breach.

8.2   The Contractor shall obtain the information and audit rights required by Article 28(4)
      GDPR from its Subcontractors and exercise them as reasonably needed to assist the
      Client. Requests shall be coordinated through the Contractor and may be met by
      independent reports and other adequate evidence. This clause does not grant
      unrestricted direct access to a Subcontractor's facilities or systems or limit mandatory
      audit rights or supervisory powers.

                                              9
8.3   The responsibilities of the Contractor and the subcontractor shall be clearly
      demarcated.

8.4   A Subcontractor may engage further processors subject to equivalent data protection
      obligations and applicable international-transfer safeguards. The Contractor shall
      promptly forward notice of an additional or replacement further processor to the Client
      by email after receiving notice from the relevant Subcontractor. The notice shall identify
      the further processor, processing activities and locations, applicable transfer
      safeguards, intended effective date and the upstream notice and objection periods, to
      the extent available. The thirty-day advance period in Clause 8.1 does not apply to
      these downstream changes. The Client may object on reasonable data protection
      grounds within the period stated in the notice. The Contractor shall provide a
      reasonable opportunity to object; if the upstream timetable does not permit this before
      the change, affected processing shall be suspended until that opportunity has been
      provided. The parties shall work in good faith to resolve objections. If a timely objection
      remains unresolved when the change takes effect, the Contractor shall suspend
      affected processing or provide an agreed alternative that avoids the objected-to further
      processor. Suspension shall continue until the objection is resolved or such an
      alternative is in place. The Contractor remains responsible for its Subcontractors’ data
      protection obligations in accordance with Article 28(4) GDPR and Clause 8.9. If no
      compliant alternative is agreed within 30 days, either party may terminate only the
      affected service under the refund and continuity provisions of clause 8.1.

8.5   When selecting the subcontractor, the Contractor shall take into account the suitability
      of the technical and organizational measures taken by the subcontractor.

8.6   Before allowing a Subcontractor to process the Client's personal data, the Contractor
      shall assess its suitability and enter into a binding agreement imposing the data
      protection obligations required by Article 28(4) GDPR. Relevant compliance information
      shall be made available on reasonable request, subject to confidentiality and the
      safeguards in clause 6.8.

8.7   The commissioning of subcontractors who perform processing operations on behalf of
      the Contractor not exclusively from the territory of the EU or the EEA shall only be
      possible if the conditions specified in this contract are complied with. In particular, it is
      only permissible to the extent and as long as the subcontractor provides adequate data
      protection guarantees. The Contractor shall inform the Client which specific data
      protection guarantees the subcontractor offers and how proof thereof can be obtained.

                                               10
8.8      The Contractor shall review Subcontractor compliance on a risk-based basis and at
         least annually, using independent assurance reports, questionnaires or other
         appropriate evidence. It shall retain relevant records for the period required to
         demonstrate compliance and provide necessary information under clause 6.8.

8.9      Where a Subcontractor fails to fulfil its data protection obligations under this
         Agreement, the Contractor shall be liable to the Client for the damage caused by such
         failure to the same extent as for its own conduct, in accordance with Art. 28(4) GDPR.
         Any such liability shall be subject to the liability provisions of Clause 12. The liability
         provisions of this section (8.9.) shall be without prejudice to the mandatory provisions
         of Articles 28 and 82 of the General Data Protection Regulation (GDPR).

8.10     At present, the Subcontractors specified in Annex ./8.10 with name, address and order
         content are engaged in the processing of personal data to the extent specified therein.
         The Client expressly gives its consent to this. The other obligations of the Contractor
         towards subcontractors set forth herein shall remain unaffected.

8.11     A Subcontractor is a provider processing the Client's personal data on the Contractor's
         behalf. Providers processing solely as independent controllers, and providers with no
         access to such personal data, are not Subcontractors for those activities. A service is
         not excluded merely because it is ancillary. The Contractor remains responsible for
         correctly classifying and protecting the processing.

9        Obligations to notify
9.1      The Contractor shall notify the Client without undue delay after becoming aware of a
         personal data breach affecting personal data processed on the Client's behalf. Notice
         shall be sent to the Client's designated notification email or, if none is current, its
         administrative account contact. The Contractor may provide information in phases as it
         becomes available without undue further delay. A notice is not an admission of fault or
         liability. To the extent available, it shall include:

       (i)     a description of the nature of the personal data breach, including, to the extent
               possible, the categories and approximate number of individuals involved, the
               categories affected, and the approximate number of personal data records
               affected;
       (ii)    the name and contact information of the Data Protection Officer (if any) or other
               point of contact for further information; and
                                                    11
       (iii)   a description of the measures taken or proposed to be taken by Contractor to
               address the Personal Data Breach.

9.2    The Contractor shall notify the Client without undue delay of material failures to comply
       with this DPA that affect the Client's personal data. Unsuccessful attempts that do not
       compromise that data do not by themselves constitute a personal data breach; the
       Contractor shall assess security events and escalate them where required by clause 9.1
       or applicable law.

9.3    To the extent legally permitted, the Contractor shall inform the Client without undue delay
       of supervisory inspections or legally binding measures materially relating to the Client's
       personal data. This does not require disclosure of legally privileged information or
       information whose disclosure is prohibited by law.

9.4    The Contractor assures the Client that it will support the Client in its obligations pursuant
       to Articles 33 and 34 of the GDPR to the extent necessary.

10       Instructions
10.1     The Client's instructions shall relate to the agreed processing and be consistent with
         this DPA and applicable law. Instructions requiring new functionality, a material scope
         change or migration are subject to clause 4.2, without limiting mandatory data
         protection obligations.

10.2     Instructions may be given by the Client's authorized account administrators and the
         contacts designated in Annex 10.2. The Contractor may reasonably verify authority
         before acting on an instruction.

10.3     Instructions may be documented in the service configuration or sent by email to the
         designated contacts. Oral instructions must be confirmed in writing before
         implementation, except where immediate action is required by applicable law.

10.4     In the event of a change or a longer-term prevention of the designated persons, the
         Parties undertake to inform the respective successors or representatives without delay.

10.5     The Contractor shall notify the Client without delay if, in its opinion, an instruction issued
         by the Client violates statutory provisions. The Contractor shall be entitled to suspend
         the execution of the respective instruction until it is confirmed or amended by the

                                                 12
       responsible person at the Client. If the instruction violates legal regulations even after
       confirmation or amendment, the Contractor shall not be obliged to carry it out.

11     Termination
11.1   At the Client's choice, the Contractor shall return the personal data through the
       available export functionality or another reasonably agreed format and delete remaining
       copies after the end of services, unless applicable law requires retention. The Client
       shall communicate its choice within 30 days after termination, unless a later date is
       agreed in writing; absent a choice, deletion shall apply. Active-system deletion shall
       occur without undue delay. Residual backup copies shall remain protected, isolated
       from ordinary use and deleted through the normal documented, time-limited backup
       cycle; if restored for recovery, deletion instructions shall be reapplied. Any legally
       retained data shall be limited to the required purpose and period. Bespoke export or
       migration work may be charged at reasonable rates agreed in advance, without limiting
       mandatory return or deletion duties.

11.2   The Contractor shall require its Subcontractors to return or delete the Client's personal
       data consistently with clause 11.1 and their applicable legal obligations. It shall obtain
       reasonable verification, which may include contractual attestations and provider
       records, and make a written confirmation available on request.

11.3   On reasonable request, the Contractor shall confirm completion of deletion, identifying
       any remaining restricted backup copies or legally retained data and their applicable
       retention basis. This does not require disclosure of other customers' information or
       unrestricted access to provider media.

11.4   The Contractor may retain records necessary to demonstrate lawful processing, comply
       with legal obligations or establish, exercise or defend legal claims, only for as long as
       reasonably necessary or legally required. Retained records remain confidential and
       shall not be used to continue providing the terminated service.

12     Liability
12.1   Each party is responsible for its own obligations under applicable data protection law.
       Mandatory liability towards data subjects, including joint and several liability and
       recourse under Article 82 GDPR where applicable, is unaffected. The allocation below
       governs contractual claims between the parties only to the extent permitted by law.

                                                13
12.2   Subject to clause 12.5, the Contractor's aggregate contractual liability under or in
       connection with this DPA shall not exceed the fees paid or payable by the Client for the
       affected services during the twelve months preceding the event giving rise to the claim.
       If the services have been provided for less than twelve months, the cap is the fees paid
       or payable for that shorter period. A liability cap expressly agreed for data protection
       claims in a separately negotiated written agreement prevails. Amounts recovered for
       the same loss under the service agreement and this DPA shall not be recovered twice.

12.3   Subject to clause 12.5, the Contractor shall not be liable for indirect or consequential
       loss or loss of profits, revenue, business opportunity or goodwill. Each party shall take
       reasonable steps to mitigate loss. These exclusions do not excuse performance of the
       Contractor's processing, security or assistance obligations.

12.4   To the extent permitted by law, the Client shall indemnify the Contractor against third-
       party claims and reasonable defense costs to the extent caused by the Client's unlawful
       instructions, unlawful submission of personal data or breach of its obligations under
       clause 4. The indemnity does not cover loss caused by the Contractor's own breach or
       relieve it of the duty to identify and refuse unlawful instructions. The Contractor shall
       promptly notify the Client of the claim, allow reasonable control of the defense and
       provide reasonable cooperation. No settlement admitting liability or imposing non-
       monetary obligations on the Contractor may be made without its consent, not to be
       unreasonably withheld.
12.5   The limitations, exclusions and indemnity in clauses 12.2 to 12.4 do not restrict liability
       for fraud, wilful misconduct, gross negligence, death or personal injury, or any liability
       that cannot lawfully be limited. They do not prejudice mandatory rights, obligations,
       remedies or burdens of proof under Articles 28 and 82 GDPR, supervisory authority
       powers, or liability and remedies under applicable Standard Contractual Clauses or
       mandatory UK transfer instruments. Those mandatory provisions prevail in case of
       conflict.

13     Applicable Law
       This Agreement and its legal effect, interpretation and performance shall be governed
       exclusively by Austrian law, excluding the conflict of laws rules. The possible
       applicability of the Vienna UN Convention on Contracts for the International Sale of
       Goods is excluded.

                                               14
14     Place of Jurisdiction
       The competent courts at the Contractor's registered office in Austria shall have
       exclusive jurisdiction over contractual disputes between the parties, unless a separately
       negotiated written agreement provides otherwise. This does not restrict data subjects'
       rights, supervisory authority powers or any mandatory jurisdiction under applicable data
       protection law or Standard Contractual Clauses.

15     Miscellaneous
15.1   Both Parties are obligated to treat all knowledge of business secrets and data security
       measures of the other party obtained within the framework of the contractual
       relationship as confidential, even after the termination of the contract. If there is any
       doubt as to whether information is subject to the obligation of confidentiality, it shall be
       treated as confidential until it has been released in writing by the other party.

15.2   Amendments require agreement in writing, including electronic acceptance where
       permitted by the service agreement and applicable law. This edition does not
       retroactively vary an executed customer agreement merely by being published.
       Individually negotiated terms remain effective until validly amended.

15.3   Should individual provisions of this contract be invalid or unenforceable or become
       invalid or unenforceable after conclusion of the contract, this shall not affect the validity
       of the remaining provisions of the contract. The invalid or unenforceable parts of the
       contract shall be replaced by those provisions whose effects come closest to the
       economic objective that the contracting Parties pursued with the invalid or
       unenforceable provisions.

                                                15
Signatures

The parties agree that execution of the Agreement by the data Processor and the
data Controller shall constitute execution of these Clauses by both parties on the
Effective Date of the Agreement.

Attachments
Annex 6.1 - Technical and organizational measures

Annex ./8.10 - Approved sub-service providers

Annex ./10.2 - Persons authorized to give instructions, address for reporting data protection violations

Attachment./2.1. - Service Agreement

                                                         16
Annex 6.1 – Technical and organizational measures

Specific technical and organizational measures
Hosting
The Client chooses EU or US residency at signup or in the applicable order. EU
infrastructure is hosted by DigitalOcean in Frankfurt, Germany; US infrastructure is hosted by
DigitalOcean in its NYC3 data center in New York, United States. Customer databases,
uploaded files and backups are stored within the selected region. The EU production
MongoDB database uses DigitalOcean Managed Databases. Logical isolation and the other
measures in this Annex apply to both regions. Processing by separate provider services is
described in Annex 8.10 and remains subject to clause 5.9.
Encryption
Data transmitted between customer users, Gleap SDKs and Gleap infrastructure is
encrypted using TLS 1.2 or higher. Customer databases, backups and uploaded files are
encrypted at rest.
Staff authentication and access review
Multi-factor authentication is required for all systems and applications used by Gleap
personnel. Staff access permissions are reviewed quarterly. Personal devices are prohibited.
Work from home is permitted only through the Contractor’s VPN using company-managed
devices, in accordance with Clause 6.6.
Database backups and restoration
Production database backups remain within the Client's selected region. For the EU
production MongoDB database, DigitalOcean creates daily backups retained for a rolling
seven-day period; full restoration is tested every six months. US-specific retention and
restoration arrangements are documented separately and available on request; this clause
does not represent a verified US testing frequency. Backup retention does not determine
retention of uploaded files, logs or other records. The Contractor shall maintain appropriate
recoverability measures in both regions under Article 32 GDPR.
Independent assurance

Gleap is SOC 2 Type II audited for the Security trust services category. The report issued on August
27, 2026 covers April 1 to June 30, 2026 and is available under confidentiality on request. The report
defines the systems and period examined; it is not a guarantee that subsequently introduced
infrastructure or regions were included, or a warranty of uninterrupted certification. Contractual
security obligations remain those in this DPA.

The following general measures also apply
As agreed in Clause 6, this Annex lists the order-related technical and organizational measures
to ensure data protection and data security. These include in particular:

    1. pseudonymization (pursuant to Article 32(1)(a) DSGVO in conjunction with Article 25(1)
        DSGVO) and encryption (pursuant to Article 32(1)(a) DSGVO) of personal data;

                                                  17
2.   confidentiality (pursuant to Article 32(1)(b) DSGVO) of the systems and services
     related to the processing. This includes:
             a. an access control: no unauthorized access to data processing systems,
             b. an access control: no unauthorized system use,
             c. access control: no unauthorized reading, copying, modification or removal
             within the system, and
             d. a separation control: separate processing of data collected for different
             purposes.

3.   the integrity (as defined in Article 32(1)(b) of the GDPR) of the systems and services
     related to the processing. This includes:
             a. a transfer control: no unauthorized reading, copying, modification or removal
             during electronic transmission or transport.
             b. an input check: determining whether and by whom personal data have been
             entered into, modified or removed from data processing systems.

4.   the availability and resilience (pursuant to Article 32(1)(b) of the GDPR) of the
     systems and services related to the processing. This includes:
             a. an availability control: protection against accidental or deliberate destruction
             or loss; and
             b. a resilience check: the ability of the systems to cope with risk-related changes
             and to demonstrate tolerance and compensatory capacity in the face of
             disruptions.

5.   the recoverability (Article 32(1)(c) DSGVO) of and access to the personal data;

6.   procedures for regular review, assessment, and evaluation (Article 32(1)(d) GDPR;
     Article 25(1) GDPR) of the effectiveness of technical and organizational measures to
     ensure the security of processing. This includes:

        a. a data protection management: system for the regular review, assessment and
             evaluation of data protection measures;
        b.   incident response management: system for preparing, identifying and reporting
             security incidents;
        c. data protection-friendly default settings, and
        d. an order control system.

                                             18
Annex 6.7 Data protection contact

The Contractor's contact for privacy questions, instructions and incident reporting is:

Lukas Böhler

[email protected]

Managing Director, Gleap GmbH

This is an operational contact designation. Where a data protection officer is required or
appointed under Articles 37 to 39 GDPR, the Contractor shall provide that officer's contact
details and preserve the required independence and absence of conflicting duties.

                                               19
    Annex ./8.10 – Approved Subcontractors
Optional AI and configuration
AI features are optional. The Client’s administrators can disable individual AI features.
Account-level AI availability is additionally governed by credit availability or, for legacy plans,
the AI usage setting. Stopping credit purchases does not immediately stop processing while
credits remain or automatic recharge is active. The Client may select among the models
offered for configurable AI features. Enterprise plans support bring-your-own-model
arrangements, with the endpoint, provider and processing scope defined for the applicable
configuration.
Processing scope
Enabled AI features may process messages, tickets, contact details, attachments, prompts,
voice recordings, knowledge-base content and connected repository content to the extent
needed for the configured features. Processing may include automated background tasks as
well as user-initiated requests. Model selection alone does not establish the provider for
every supporting operation or the processing region.
Locations and downstream processing
EU accounts use EU AI endpoints and US accounts use US AI endpoints. The OpenAI, Grok
and Kai Voice regional endpoint entries below follow that account configuration. This
describes the configured endpoints, not every provider operation, supporting service, remote
access or onward transfer. Other provider disclosures remain applicable: Anthropic may
process in the US or EU; OpenRouter may use downstream hosts in the EU, US or China;
and a direct DeepSeek fallback involves China. Any such processing must comply with the
Client's documented instructions, clause 5.9 and the required safeguards. Region-restricted
arrangements must also address supporting operations and fallbacks. The Contractor shall
not enable a route incompatible with an expressly agreed restriction.
Processing instructions and safeguards
The Contractor shall not use the Client’s personal data to train AI models or authorize
providers to use it for that purpose. The providers below are engaged only for the applicable
services. Listing a provider does not remove the requirements of Clauses 5.9 and 8.7 for
international transfers or establish that every provider is used for every Client. Changes are
subject to Clauses 8.1 and 8.4. The Client may contact the Contractor to agree account-
specific restrictions.

 Provider          Entity and location                      Processing purpose

 DigitalOcean      DigitalOcean, LLC                        Primary cloud provider: application
                   101 Avenue of the Americas, 10th         servers, screenshot rendering and
                   Floor, New York 10013, USA               production MongoDB through
                   Regional hosting: Frankfurt, Germany     DigitalOcean Managed Databases.
                   (EU) or NYC3, New York, United
                   States (US), according to the selected
                   region

 Postmark          AC PM, LLC                               Transactional email delivery.
                   1 N Dearborn Street, Suite 500,
                   Chicago, IL 60602
                   Server location: USA

                                                 20
Provider     Entity and location                        Processing purpose

OpenAI       OpenAI Ireland Ltd                         Optional AI model processing. Other
             1st Floor, The Liffey Trust Centre, 117    provider processing and onward transfers
             –126 Sheriff Street Upper, Dublin 1,       are subject to the applicable provider
             D01 YC43, Ireland                          agreement and transfer safeguards.
             Model serving: EU endpoints for EU
             accounts; US endpoints for US
             accounts

Cloudflare   Cloudflare, Inc.                           Regional storage and delivery of
             101 Townsend St., San Francisco,           uploaded screenshots and attachments;
             California 94107, USA                      video-call infrastructure. Global delivery
             Uploaded-file storage: selected EU or      and calls may involve processing outside
             US region. Global delivery and video-      the storage region.
             call processing: worldwide

Google       Google Ireland Limited                     Optional AI model processing through the
             Gordon House, Barrow Street                Gemini API.
             Dublin 4, D04 E5W5
             Ireland
             Server location: USA / EU

Stripe       Stripe Payments Europe, Limited /          Potential future payment provider for
             Stripe Technology Europe, Limited          customer billing. Not currently processing
             Ireland                                    data for Gleap. Any activation remains
             Potential future provider; not currently   subject to the applicable contractual
             used                                       authorization and notification
                                                        requirements.

Firebase     Google Ireland Limited                     Push notification provider (this feature
             Gordon House, Barrow Street Dublin         must be manually activated)
             4. Irland

Paddle       Paddle.com Market Ltd. Judd House.         Payment provider (customer billing)
             18-29 Mora Street. London, EC1V
             8BT

Grok / xAI   SpaceXAI LLC                               Optional AI model processing. Other
             1450 Page Mill Road, Palo Alto,            provider processing and onward transfers
             California, USA                            are subject to the applicable provider
             [email protected]                    agreement and transfer safeguards.
             Model serving: EU endpoints for EU
             accounts; US endpoints for US
             accounts

Anthropic    Anthropic Ireland, Limited                 Optional AI model processing.
             Ireland
             Processing: US or EU; EU-only
             processing is not guaranteed

OpenRouter   OpenRouter, Inc.                           Optional AI routing gateway for models
             169 Madison Ave #2404, New York,           including DeepSeek, Qwen, Kimi,
             NY 10016, USA                              MiniMax and GLM. Requests are
             Downstream processing: EU, US or           forwarded to downstream model-hosting
             China                                      providers. Model selection does not
                                                        guarantee the host or region; full
                                                        downstream routing control is not
                                                        currently available.

                                             21
Provider     Entity and location                   Processing purpose

New Relic    New Relic, Inc.                       Application performance monitoring and
             188 Spear Street, Suite 1000, San     logging. Telemetry may include request
             Francisco, CA 94105, USA              metadata.
             Processing: EU, Frankfurt, Germany

Composio     Sampark Inc. d/b/a Composio           Integration platform powering custom-
             2 Bryant St., Suite 220, San          agent tool connections (third-party app
             Francisco, CA 94105, USA              actions and triggers configured by the
                                                   customer).

Mistral AI   Mistral AI SAS                        Optional AI model processing for Mistral
             15 rue des Halles, 75001 Paris,       models.
             France
             Server location: EU

Voyage AI    MongoDB, Inc.                         Voyage AI embedding and reranking
(MongoDB)    1633 Broadway, 38th Floor, New        through MongoDB Atlas for knowledge-
             York, NY 10019, United States         base content, tickets and messages used
             Server location: USA                  in AI search and retrieval. Atlas is used
                                                   for AI inference, not production database
                                                   hosting.

E2B          FoundryLabs, Inc.                     Isolated cloud sandboxes in which Kai
             San Francisco, CA, United States      Code works on repositories connected by
             Server location: USA                  the customer. Used only when Kai Code
                                                   is enabled.

Firecrawl    SideGuide Technologies, Inc. (d/b/a   Crawling of customer websites for
             Firecrawl)                            knowledge-base ingestion and web
             San Francisco, CA, United States      retrieval for AI agents. Used only for AI
             Server location: USA                  features.

TinyFish     TinyFish, Inc.                        Web search and page retrieval for AI
             Palo Alto, CA, United States          agents. Used only for AI features.
             Server location: USA

Datalab      Endless Labs, Inc. (d/b/a Datalab)    Conversion of uploaded documents
             New York, NY, United States           (PDFs, spreadsheets) into machine-
             Server location: USA                  readable text for AI processing. Used
                                                   only for AI features.

DeepSeek     Hangzhou DeepSeek Artificial          Direct API fallback for DeepSeek models,
             Intelligence Basic Technology         primarily served via OpenRouter. Direct
             Research Co., Ltd.                    processing takes place in China. The
             China                                 account-specific scope and restrictions
             Privacy contact:                      must be established before relying on
             [email protected]                  provider exclusion.

ElevenLabs   Eleven Labs Inc.                      Speech processing for the optional Kai
             USA                                   Voice feature, including speech
             Kai Voice speech processing: EU       recognition and speech generation. Other
             endpoints for EU accounts; US         provider processing and onward transfers
             endpoints for US accounts             are governed by the applicable provider
                                                   agreement and transfer safeguards.

                                             22
Annex./10.2. – Persons authorized to issue instructions, address for reporting data
   protection violations
Client contacts
The Client may designate the following contacts when executing this DPA, through account
settings or by email. Until a separate designation is received, authorized account
administrators may issue instructions and the administrative account email is the default
notification address. The Client shall keep these details current.
Authorized to issue instructions
Name and role: ______________________________
Email: _____________________________________
Deputy name and email: _______________________
Client breach and subprocessor notices
Name and role: ______________________________
Notification email: ___________________________
Deputy email: ________________________________
Contractor authorized to receive instructions
Lukas Böhler, Gleap GmbH
Email: [email protected]
Contractor breach contact
Lukas Böhler, Gleap GmbH
Email: [email protected]
Changes
Each party shall notify the other in writing of changes to its contacts. The Client shall keep its
notification email address current.

                                                23
     Annex CCPA California service provider terms
Where the California Consumer Privacy Act, as amended (CCPA), applies and the Client is a business,
the Contractor acts as a service provider or contractor for the specific business purposes described in
clauses 2 and 3. It shall not sell or share that personal information, retain, use or disclose it outside
the direct business relationship or for purposes other than those specified in this DPA, or combine it
with personal information from other clients or its own consumer interactions, except as expressly
permitted by the CCPA and its regulations. The Contractor shall comply with applicable CCPA
obligations and provide the same level of privacy protection required of the Client for that
processing. It certifies that it understands and will comply with these restrictions. The Contractor
shall notify the Client if it determines that it can no longer meet those obligations. The Client may
take reasonable and appropriate steps to verify compliant use, stop and remediate unauthorized use,
and require assistance with consumer requests. Clauses 5.6, 6.8 and 8 govern assistance, monitoring
and further processors without limiting these mandatory rights. Further processors shall be bound by
equivalent applicable restrictions. Statutory CCPA meanings apply to terms used in this paragraph.

Attachment./2.1. - Terms of service

Please find our latest terms of service on our website under:
https://www.gleap.io/legal/terms-of-service

                                                   24