1. Parties
This Agreement is between:
Processor: Nextgen Computing GmbH, Schönaustrasse 61, 5430 Wettingen, Switzerland
Controller: The customer who has entered into a service contract with the Processor and accepted this DPA by ordering services or signing the service agreement.
2. Subject Matter and Duration
This DPA governs the processing of personal data by the Processor on behalf of the Controller during the provision of web hosting, VPS, email, and related IT services. It remains valid for the duration of the service contract.
3. Nature and Purpose of Processing
The Processor processes data exclusively for hosting, transmission, storage, backup, and support as required to deliver the agreed services.
4. Categories of Personal Data and Data Subjects
May include: names, email addresses, contact forms, log files, customer and end-user data submitted to hosted systems, website visitor metadata.
5. Processor Obligations
The Processor agrees to: process only as instructed, maintain confidentiality, implement appropriate security measures, support data subject rights, delete/return data upon termination.
6. Sub-Processors
Permitted with appropriate safeguards. The current list of sub-processors is available at: [Insert URL or "upon request"].
7. Controller’s Obligations
The Controller remains responsible for the lawfulness of processing and shall ensure data subjects are informed.
8. Technical and Organizational Measures (TOMs)
The Processor maintains TOMs appropriate to the risk, including: encryption, access control, backup, network protection.
9. Final Provisions
Swiss law applies. Jurisdiction is [Company Location], Switzerland. Amendments must be in writing.