LAST UPDATED: OCT 24, 2024
Data Processing Addendum (“DPA”)
This Data Processing Addendum ("DPA") forms part of the main agreement ("Agreement") between Linkwizz LLC ("Linkwizz", "we", "us", or "our") and the customer ("Customer") for the provision of services by Linkwizz (the "Services") as defined in the Agreement.
1. Definitions
1.1 Personal Data refers to any information relating to an identified or identifiable natural person, as defined by applicable data protection laws.
1.2 Processing means any operation or set of operations performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, alteration, retrieval, use, disclosure, and erasure.
1.3 Sub-processor means any third party engaged by Linkwizz that processes Personal Data on behalf of the Customer.
2. Scope and Applicability
2.1 Applicability. This DPA applies when Linkwizz processes Personal Data on behalf of the Customer in connection with the provision of the Services. It is subject to the terms of the Agreement and reflects the parties' agreement regarding the Processing of Personal Data.
2.2 Nature of the Services. Linkwizz provides a comprehensive link management platform (e.g., URL shortener, QR code generator, and bio-link pages). While Linkwizz is a Delaware, USA company (outside the EU), we host our primary infrastructure in Frankfurt, Germany, within the European Economic Area (EEA).
2.3 Anonymous Data. Where end-users (i.e., visitors) click on or interact with Customer-created links, Linkwizz typically collects only non-personally identifiable information such as location, device type, browser type, language, and redirect details. If any of this data is deemed Personal Data under applicable laws (e.g., if IP addresses are logged), it is processed in accordance with this DPA.
3. Customer Responsibilities
3.1 Compliance. The Customer is responsible for ensuring that the Processing of Personal Data (if any) complies with all applicable data protection laws and regulations.
3.2 Instructions. The Customer must provide clear, lawful, and documented instructions to Linkwizz for the Processing of Personal Data as required by applicable law. If the Customer collects or uploads additional Personal Data beyond anonymized visitor information, it must ensure it has a valid legal basis for doing so.
4. Linkwizz’s Obligations
4.1 Processing on Instructions. Linkwizz will only process Personal Data on behalf of the Customer in accordance with the Customer’s documented instructions, including those set forth in the Agreement and this DPA.
4.2 Confidentiality. Linkwizz will ensure that all personnel authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
4.3 Technical and Organizational Measures. Linkwizz will implement and maintain appropriate technical and organizational measures to protect Personal Data from unauthorized access, loss, alteration, or disclosure. These include, at a minimum:
Hosting servers in a secure data center in Frankfurt (ISO 27001–certified).
Encryption in transit (SSL/TLS) for Service interfaces.
Access controls (e.g., firewall restrictions, IP whitelisting).
Regular data backups and the ability to restore data in a timely manner.
Monitoring and logging at a system level without storing personally identifiable logs from visitors.
5. Sub-processors
5.1 Use of Sub-processors. Linkwizz may engage Sub-processors to process Personal Data on behalf of the Customer. Examples include:
Hosting: Hetzner (Frankfurt, Germany)
CDN: Cloudflare
Analytics/Marketing: Google Analytics, Meta Pixel
Payments: Paddle
5.2 Sub-processor Obligations. Linkwizz will ensure that Sub-processors are subject to data protection obligations consistent with those set forth in this DPA.
5.3 Liability. Linkwizz will remain liable for the actions and omissions of its Sub-processors.
6. Data Subject Rights
6.1 Assistance. Linkwizz will assist the Customer in responding to requests from data subjects exercising their rights under applicable data protection laws (e.g., rights to access, rectification, erasure, data portability) to the extent legally and technically feasible.
6.2 Anonymous Visitor Data. For anonymous visitor data that does not identify individuals, typical data subject rights (such as access or erasure) may not apply. However, if the Customer collects or stores personal identifiers, Linkwizz will assist as described above.
7. Security Breach Management
7.1 Notification. In the event of a Personal Data breach affecting Customer data, Linkwizz will notify the Customer without undue delay after becoming aware of the breach.
7.2 Information. Linkwizz will provide sufficient information to assist the Customer in meeting any obligations to report or inform data subjects or authorities about the breach.
8. Data Transfers
8.1 EEA Hosting. Linkwizz hosts data primarily in Frankfurt, Germany, within the EEA.
8.2 Transfers Outside the EEA. Although Linkwizz is a U.S.-based company, any remote access to Personal Data from outside the EEA, or onward transfers to Sub-processors outside the EEA (e.g., U.S. analytics providers), will be governed by adequate transfer mechanisms (such as Standard Contractual Clauses) or other legally recognized means to ensure an equivalent level of data protection.
9. Termination and Deletion of Data
9.1 Termination. This DPA shall remain in effect for the duration of the Agreement.
9.2 Return or Deletion. Upon termination of the Agreement, Linkwizz will, at the Customer's choice, return or delete all Personal Data processed on behalf of the Customer unless required by applicable law to retain such data.
9.3 Anonymous Data Retention. Linkwizz may retain anonymized or aggregated analytics that cannot identify a specific individual after termination, for statistical and service improvement purposes, if permitted by law.
10. Governing Law
10.1 Applicable Law. This DPA shall be governed by and construed in accordance with the laws governing the Agreement.
11. Contact Information
11.1 Inquiries. For any questions regarding this DPA or Linkwizz’s data processing activities, please contact us at info@linkwizz.com.
By using our Service, you agree to the collection and use of information in accordance with this Privacy Policy, Data Processing Addendum & Terms of Service.