Data processing agreement

This agreement applies if you use Ai Notes Studio as a trader and, in doing so, process personal data for which you are responsible, for example meeting notes or recordings of conversations with customers. We do not conclude a data processing agreement for My Ai; My Ai is intended for personal use and not for processing personal data of other people on behalf of a company (Section 6.3 of the Terms of Use). To the extent of this data, we process it as a processor on your behalf. Insofar as we process data as a controller in our own right, for example your account data, proofs of purchase or security logs, our Privacy Policy applies.

With your acceptance of the Terms of Use, the agreement becomes part of the contract of use and is thus concluded in electronic form (Art. 28(9) GDPR). It applies to your use of Ai Notes Studio and ends with the deletion of your account. On request to info@klarfold.com, we will send you a version in text form.

The parties agree on the Standard Contractual Clauses of the European Commission between controllers and processors under Art. 28(7) GDPR (Implementing Decision (EU) 2021/915 of 4 June 2021) in the wording set out below. In Clause 1(a), the General Data Protection Regulation has been selected, and in Clause 7.7(a), general written authorisation with a period of 14 days; the optional Clause 5 has not been agreed. Annexes I to IV have been completed.

The following agreements supplement the Clauses without contradicting them (Clause 2(b)). In the event of a conflict, the Clauses prevail.

1. Instructions. Your documented instructions are this agreement, the Terms of Use and the settings and actions that you make in the app, for example creating, processing, exporting and deleting content or selecting features and models. You issue further instructions in text form to info@klarfold.com.
2. AI providers. AI providers only receive content if you have given the AI processing consent and use an AI feature. The AI providers may use the transmitted content to train their models under their own terms; this cannot be ruled out for any model. By using an AI feature you instruct us, in the knowledge of this, to transmit the content to the providers named in Annex IV. If your content contains personal data for which you are responsible, please check beforehand whether you are permitted to allow this transmission. For processing under this agreement, we use exclusively the sub-processors named in Annex IV. Providers in countries without an adequate level of data protection, in particular DeepSeek (People’s Republic of China), are not among them; they only receive content in Ai Notes Studio if you store a key of that provider yourself on the PRO API plan. For processing under this agreement, you will not do so. Providers that you use in Ai Notes Studio on the PRO API plan with your own API key process on the basis of your own contract with that provider and are not sub-processors under this agreement.
3. Changes of sub-processors. We inform you of intended changes to Annex IV at least 14 days in advance by email to the address of your account and publish the updated list in the app. If you raise objections on data protection grounds and no solution is found, you may terminate the contract of use extraordinarily.
4. Evidence and audits. We initially provide evidence by means of information and documents, for example a current description of the technical and organisational measures. We coordinate on-site inspections with reasonable advance notice, as a rule of 30 days; they take place during normal business hours and must not infringe the rights of third parties. For data centres of our sub-processors, the evidence provided by them applies.
5. Assistance. You can largely fulfil requests from data subjects yourself in the app by viewing, rectifying, exporting or deleting content. Beyond that, we assist you on request. We notify you of personal data breaches without undue delay, where possible within 48 hours after we have become aware of them.
6. Deletion and return. If you delete content or your account in the app, we delete the data concerned; backup copies are deleted after the periods in Annex III have expired. Return takes place via the export functions of the app and otherwise on request in a common format.
7. Liability. Liability is governed by the Terms of Use; Art. 82 GDPR remains unaffected.

Clause 1 – Purpose and scope

• (a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• (b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.
• (c) These Clauses apply to the processing of personal data as specified in Annex II.
• (d) Annexes I to IV are an integral part of the Clauses.
• (e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
• (f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.

Clause 2 – Invariability of the Clauses

• (a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
• (b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

Clause 3 – Interpretation

• (a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.
• (b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.
• (c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 4 – Hierarchy

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

Clause 6 – Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.

Clause 7 – Obligations of the Parties

7.1. Instructions

• (a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
• (b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.

7.2. Purpose limitation

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.

7.3. Duration of the processing of personal data

Processing by the processor shall only take place for the duration specified in Annex II.

7.4. Security of processing

• (a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
• (b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5. Sensitive data

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

7.6. Documentation and compliance

• (a) The Parties shall be able to demonstrate compliance with these Clauses.
• (b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
• (c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
• (d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.
• (e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

7.7. Use of sub-processors

• (a) General written authorisation: The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 14 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
• (b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
• (c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
• (d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
• (e) The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

7.8. International transfers

• (a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.
• (b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

Clause 8 – Assistance to the controller

• (a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
• (b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions
• (c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
• (1) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
• (2) the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
• (3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
• (4) the obligations in Article 32 of Regulation (EU) 2016/679.
• (d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

Clause 9 – Notification of personal data breach

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.

9.1 Data breach concerning data processed by the controller

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:

• (a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
• (b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:
• (1) the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
• (2) the likely consequences of the personal data breach;
• (3) the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

• (c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

9.2 Data breach concerning data processed by the processor

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:

• (a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
• (b) the details of a contact point where more information concerning the personal data breach can be obtained;
• (c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.

Clause 10 – Non-compliance with the Clauses and termination

• (a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
• (b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
• (1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
• (2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;
• (3) the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
• (c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.
• (d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.

Controller: the company or the person acting as a trader who uses Ai Notes Studio with their account, with the details stored in the account. The contact person is the holder of the account. The electronic acceptance of the Terms of Use takes the place of the signature; the accession date is the date of this acceptance.

Processor: Valery Mironov (Klarfold), Behringstraße 20, 12437 Berlin, Germany. Contact person: Valery Mironov, owner, email: info@klarfold.com, telephone: +49 30 45024505. No data protection officer has been designated. The provision of this agreement in the app takes the place of the signature; the accession date is the date of the controller’s acceptance.

Categories of data subjects: the controller and its employees as well as persons whose data the controller includes in content, in particular customers, prospective customers, business partners, participants in meetings and conversations and other persons who are named or depicted in notes, recordings, transcripts, photos or AI results.

Categories of personal data: content that the controller creates, records or uploads, and the results generated from it, in particular note texts, audio recordings and voices, transcripts and translations, photos including persons depicted in them, imported audio files, instructions of custom agents, questions to the AI and its results, as well as associated metadata such as timestamps, titles and folders.

Sensitive data: The content may contain sensitive data insofar as the controller includes such data. Safeguards: processing exclusively to provide the features; access by the processor only to remedy disruptions or at the express request of the controller; no use by the processor for its own purposes or for training its own models; transmission to AI providers only if the AI processing consent has been given and an AI feature is used, whereby those providers may use the content for training under their own terms (point 2 of the supplementary agreements); encrypted transmission and access controls in accordance with Annex III.

Nature of the processing: storing, synchronising between devices, transcribing, analysing and transforming with AI models (for example summarising, translating, text recognition, answering questions), exporting, backing up and deleting.

Purpose of the processing: provision of the features of Ai Notes Studio in accordance with the Terms of Use.

Duration of the processing: for the duration of use, until the controller deletes the content or its account; backup copies until the periods under Annex III have expired.

Processing by sub-processors: The subject matter and nature are set out in Annex IV; the duration corresponds to the duration of the processing, plus, in the case of AI providers, the retention periods for abuse detection stated there.

Encryption and pseudonymisation

• Transmission between the app, the websites, our servers and the providers exclusively via TLS.
• Encrypted storage of API keys, for personal API keys with AES-256-GCM.
• Storage of passwords exclusively as a hash.
• Separation of proofs of purchase from name and email address after deletion of an account; crash reports without an account identifier.

Confidentiality and access

• Operation of the servers in a Hostinger data centre in Germany (Frankfurt am Main); physical access in accordance with Hostinger’s security concept.
• Access to the servers only via SSH with a cryptographic key; login with a password is disabled.
• Administration interfaces only with a password and a second factor (TOTP); database administration cannot be reached from the internet.
• Administrative access exclusively by the processor personally; no other persons with access.
• AI-assisted development tools only receive source code, configurations and aggregated metrics; by instruction, they are not permitted to access personal data from live operation. Test accounts or analyses without any personal reference are used for troubleshooting.

Access control and identification

• Restriction of each account to its own content through row-level access rules in the database.
• Service keys for the database and AI providers are kept exclusively on the server; the app contains no keys of AI providers.
• Minimum length of 12 characters for new passwords and limitation of login attempts per IP address.

Integrity and logging

• Logging of login events and administrative changes.
• Rotation of the server logs by size and deletion after 14 days at the latest; deletion of the login logs after 90 days and of the administration log after three years.

Availability, resilience and recovery

• Operation of the services in separate containers with automatic restart and automatic security updates of the operating system.
• Daily backup copies with checksums, kept for seven days on the same server in Germany; additional backups made before changes to the database are deleted after seven days at the latest. No backup copies are created outside this server.
• Regular test restores of the database in an isolated environment.
• Monitoring of the services with notification in the event of outages, low storage space, failed backups and expiring certificates.

Data minimisation and storage limitation

• Transmission to AI providers only for the feature used in each case and only with consent.
• Automatic deletion of, among other things, orphaned audio files after 30 days, crash reports after 90 days, invitations that are not accepted after twelve months and unconfirmed registrations after 30 days.
• Deletion of content and accounts by the controller at any time in the app.

Review and organisation

• Automated tests before releases and changes to the servers.
• Selection of sub-processors with contracts under Art. 28 GDPR and, for transfers to third countries, Standard Contractual Clauses.
• Review of these measures at least annually and in the event of material changes.

Assistance to the controller

• Viewing, rectifying, exporting and deleting content as well as deletion of the account in the app.
• Information and assistance with requests from data subjects on request to info@klarfold.com.
• Notification of personal data breaches with the information under Clause 9.2.

The controller generally authorises the following sub-processors (Clause 7.7(a)). The AI providers under numbers 2 to 4 may use the transmitted content to train their models under their own terms (point 2 of the supplementary agreements); the retention periods stated below concern only storage for abuse detection.

1. Hostinger International Ltd., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus: operation of the servers, databases and storage of Ai Notes Studio and sending of emails; data centre in Germany (Frankfurt am Main).
2. OpenAI Ireland Ltd., 1st Floor, The Liffey Trust Centre, 117–126 Sheriff Street Upper, Dublin 1, D01 YC43, Ireland: AI processing (transcription, text features, text recognition, “Ask AI”); processing also in the USA on the basis of Standard Contractual Clauses. Stores inputs and outputs for up to 30 days for abuse detection, but not transcriptions; the storage of requests in our account is switched off.
3. Google Cloud EMEA Limited, 70 Sir John Rogerson’s Quay, Dublin 2, Ireland: AI processing via the Gemini API (text features, text recognition, transcription as a fallback provider); processing possible worldwide, transfers on the basis of the EU-US Data Privacy Framework and Standard Contractual Clauses. Stores inputs and outputs for up to 55 days for abuse detection.
4. Groq UK Limited, 3 Hammersmith Grove, London W6 0ND, United Kingdom: transcription; processing in the USA on the basis of Standard Contractual Clauses. We use processing without data retention; Groq keeps logs for troubleshooting for no more than 30 days.
5. Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA: delivery of notifications via the Apple Push Notification Service; Apple processes the data on the basis of its own privacy policy and its intra-group standard contractual clauses.

Models via OpenRouter and from NVIDIA are currently not sub-processors. If we add them, we will inform you at least 14 days in advance in accordance with point 3 of the supplementary agreements; we will only add providers with whom a data processing agreement including Standard Contractual Clauses is in place.