Data processing agreement

This agreement applies between the business that uses Fristo (“Customer”) and Hoang Nguyen (“Fristo”). It forms part of the terms and conditions and applies for as long as Fristo processes personal data on behalf of the Customer. It fulfils Art. 9 of the Swiss Federal Act on Data Protection (FADP) and Art. 28 of the EU General Data Protection Regulation (GDPR). Where this agreement and the terms and conditions conflict, this agreement prevails.

Purpose: the operation of the Fristo software — portfolio, inspection deadlines, work orders, reports, records, analyses, import and export, sign-in and notification — and support.

Nature of the processing: storing, organising, displaying, analysing within the application, sending notifications, backing up, exporting and deleting.

Data subjects: the Customer’s employees, persons at external contractors the Customer works with, persons who report via a QR sticker, and persons who appear in the Customer’s documents, photos and plans.

Types of data: names, email addresses, phone numbers, roles, assignments, working times and activities in work orders, report texts, photos, documents and signatures on records. Fristo processes sensitive personal data only if the Customer records it itself; the Customer avoids this where it is not necessary for the purpose.

In the medical technology add-on module, if the customer books it: persons trained on medical devices — including those without an account — with name, personnel number, department and signature; and incidents involving medical devices. For the person affected by an incident, Fristo only provides for age, sex and consequences, not a name; the customer does not enter names or patient numbers in the description either.

Invoices from external companies that the customer records, with their payment details (UID, IBAN, supplier number). In the accounting interface add-on module, if the customer books it: its chart of accounts, the coding of these invoices and the log of every transfer; if the customer connects Bexio, also the access key to its Bexio, encrypted. Fristo transmits invoices and PDFs only when the customer triggers a transfer, and only to the accounting system the customer chooses; its provider processes them on behalf of the customer and is not a sub-processor of Fristo.

In the access & keys add-on module, if the customer books it: persons to whom the customer issues keys or badges — employees and persons from external companies, including those without an account — with name, company, position, phone and the signature on issue and return; pre-registrations of external companies with contact person, the persons coming, days, location, activities and the signature confirming the site rules; work permits with conditions, fire watch and the records the company uploads. The company registers via a link without an account.

In the AI document capture and test instruments add-on modules, if the customer books them: inspection reports and export files from test instruments, including the persons named in them (usually the name and signature of the person who carried out the inspection), and what was read from them. Fristo passes inspection reports for reading to the language model named in the privacy policy.

In the cleaning add-on module, if the customer books it: confirmations of cleaning with the time and the company or account that confirmed, without names of cleaning staff; feedback from users without names; and spot checks with the inspectors’ answers.

In the occupational safety add-on module, if the customer books it: risk assessments with responsible persons; accidents, first aid cases and near misses with location, time, what happened, the person affected and first aiders, as well as health data (injury, treatment, days lost) — sensitive personal data that can only be seen by those the customer authorises for this and that Fristo removes after the period chosen by the customer; safety briefings with name and signature.

Duration: the term of the contract and the period thereafter during which the data remains available under § 7 of the terms and conditions.

Fristo processes the data only on the Customer’s instructions. These instructions are the terms and conditions, this agreement and whatever the Customer configures and triggers in the application. The Customer gives further instructions in writing or by email. If Fristo considers an instruction to be unlawful, it informs the Customer.

Excepted is what Fristo is required to do by law; in that case Fristo informs the Customer beforehand, as far as the law allows.

Anyone at Fristo who can access the data is bound to confidentiality. Support access is governed by the privacy policy (section “Support access”): in everyday operation only with the Customer’s approval, time-limited and logged.

Fristo takes the technical and organisational measures under Art. 8 FADP and Art. 32 GDPR. They are described in the privacy policy (section “How we protect your data”), in particular: encrypted transmission, sign-in without a password, separation of businesses at the database layer, daily backups, logged support access. Fristo adapts the measures to the state of the art without lowering the level of protection.

The Customer authorises the sub-processors named in the privacy policy under “Who else has access”. Fristo contractually binds each of them to an equivalent level of protection and is answerable to the Customer for their obligations as for its own conduct (terms and conditions, § 11(4)); the limitations in § 11(2) and (3) of the terms and conditions apply.

Fristo announces a new or replacement sub-processor at least 30 days in advance by email to the administrators. Within this period, the Customer may object on important grounds relating to data protection law. If no solution can be found, the Customer may terminate with effect from the date of the change; Fristo refunds pro rata anything paid in advance.

Fristo discloses data only to states with an adequate level of data protection, or with safeguards under Art. 16(2) FADP and Art. 46 GDPR — in particular certification under the EU-US Data Privacy Framework and its Swiss-US part, or the European Commission’s standard contractual clauses. Which states these are is set out in the privacy policy.

Fristo supports the Customer with the means available in the application so that it can respond to requests from data subjects: access reports on the business and on each person at the push of a button, rectification in the profile, erasure and restriction on request, data portability via the data export.

If a person of the Customer requests erasure or restriction of their own data in the application, Fristo informs the Customer’s administration. The Customer hereby instructs Fristo to carry out such requests unless it objects within ten days; if it objects, Fristo clarifies the matter with the Customer and the person. Requests made by the Customer itself are carried out by Fristo without this period. Every execution is recorded in a signed record, which the Customer receives.

If a request reaches Fristo by another route, Fristo forwards it to the Customer and does not answer it itself.

Fristo also supports the Customer with the security of processing, with notifications of data security breaches and with data protection impact assessments, insofar as Fristo is concerned. Fristo may charge for support going beyond the means of the application and simple information, according to the effort involved.

If Fristo discovers a data security breach affecting the Customer’s data, it reports it to the Customer as quickly as possible, and at the latest within 72 hours, with what is known: nature of the breach, data and persons affected, likely consequences, measures taken. Fristo supplies anything that becomes known later. The Customer decides whether the supervisory authority and data subjects are informed.

The Customer can export all its data at any time. After the end of the contract, the data remains available during the period under § 7 of the terms and conditions; after that, Fristo deletes it, and the backups are overwritten in the cycle stated in the privacy policy. Fristo may retain what the law requires — in particular invoices.

On request, Fristo provides the Customer with the information it needs to demonstrate compliance with this agreement — primarily in writing: description of the measures, list of sub-processors, their certificates and reports.

An on-site audit is only possible where there is a justified reason: with at least 30 days’ prior notice, during business hours, without access to other customers’ data and by a person bound to confidentiality. The Customer bears the costs. Sub-processors’ data centres are audited via their reports and certificates, not on site.

Liability is governed by § 11 of the terms and conditions. In all other respects the terms and conditions apply, including as regards governing law and place of jurisdiction.