Data processing agreement (DPA)
Data processing agreement (DPA) for the use of helferplanung.app under the Swiss Federal Act on Data Protection (FADP) and the GDPR.
This translation is provided for information only. The German version is legally binding. Read the German version
Contents
- 1. Subject matter and duration
- 2. Nature and purpose of processing
- 3. Categories of data and data subjects
- 4. Instructions
- 5. Obligations of the Contractor
- 6. Obligations of the Client
- 7. Subprocessors
- 8. Security of processing (TOMs)
- 9. Data breaches
- 10. Audit rights
- 11. Deletion and return
- 12. Processing in third countries
- 13. Final provisions
1. Subject matter and duration
This agreement governs the processing of personal data in connection with the use of the “Helferplanung.app” platform.
Processing takes place for the duration of the use of the platform.
2. Nature and purpose of processing
The Contractor processes personal data exclusively to provide the platform for organising and planning helper shifts.
3. Categories of data and data subjects
Data subjects:
- Helpers / volunteers
- Users of the organisation
Data categories:
- Master data (name, email, phone number)
- Planning data (shift assignments)
- Communication data
- Custom details
4. Instructions
The Contractor processes personal data exclusively on documented instructions from the Client, unless there is a legal obligation to process it.
5. Obligations of the Contractor
The Contractor undertakes:
- to take appropriate technical and organisational measures
- to ensure confidentiality
- to support the Client with requests from data subjects
- to report data breaches without delay
- to delete or return data after the end of the contract
The Contractor ensures that all persons authorised to process personal data are bound to confidentiality.
The Contractor supports the Client in complying with statutory data protection obligations, in particular with regard to the security of processing and any data protection impact assessments, where necessary.
6. Obligations of the Client
The Client is responsible for:
- the lawfulness of the processing
- obtaining any necessary consent
- the content of the data collected
The Client undertakes not to process any special categories of personal data (e.g. health data) without an appropriate legal basis.
7. Subprocessors
The Contractor uses the subprocessors listed on the Subprocessors page.
The Client consents to the use of these subprocessors.
The Contractor provides information about changes to subprocessors. The Client has the right to object for good cause.
8. Security of processing (TOMs)
The Contractor takes appropriate technical and organisational measures, in particular:
- Encryption of data transmission (HTTPS)
- Access controls and role-based permissions
- Authentication systems
- Protection of systems against unauthorised access
9. Data breaches
The Contractor informs the Client without delay of any data breaches affecting personal data.
10. Audit rights
The Client is entitled to check compliance with this agreement to a reasonable extent. As a rule, this is done through appropriate evidence (e.g. documentation).
11. Deletion and return
After use ends, personal data is deleted or returned, at the Client’s choice, unless statutory retention obligations apply.
12. Processing in third countries
Personal data is generally processed within Switzerland and the European Union.
An exception applies to the delivery of WhatsApp notifications: if the Client has enabled the WhatsApp channel, the mobile phone number and message content of the helpers concerned are transmitted to the subprocessor Meta Platforms Ireland Limited; onward transfer to Meta Platforms, Inc. in the USA is possible. This transfer is based on the Swiss-U.S. and EU-U.S. Data Privacy Framework, under which Meta is certified, and additionally on the EU standard contractual clauses. If the Client does not enable the WhatsApp channel, this transfer does not take place.
Any further transfers to third countries only take place if the requirements of Art. 16 et seq. FADP or Art. 44 et seq. GDPR are met, in particular on the basis of an adequacy decision or appropriate safeguards.
13. Final provisions
This agreement forms part of the terms of use of Helferplanung.app.