Data Processing Agreement
The purpose of this Data Processing Agreement (“Clauses”) is to ensure compliance with Art 28(3), (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”). These Clauses apply to the processing of personal data as described in the Terms of Service (“ToS”). The Data Processing Agreement is an integral part of the ToS.
1. Parties, purpose, and scope
The user is the data controller. Mimo is the data processor on behalf of the user.
The processor shall process personal data only for the specific purpose(s) of the processing, unless it receives further instructions from the controller. Processing by the processor shall only take place as long as the controller uses Mimo.
2. Instructions
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 substantial grounds of public interest. The controller may also give subsequent instructions throughout the processing of personal data. These instructions shall always be documented.
The processor shall immediately inform the controller if, in the processor's opinion, the controller's instructions infringe the GDPR or the applicable Union or Member State data protection provisions.
3. Security of processing
The processor shall implement appropriate technical and organizational measures to ensure the security of the personal 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 to uniquely identify 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.
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 the contract. The processor shall ensure that persons authorized to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
4. Documentation and compliance
The processor shall promptly and adequately respond to the controller's inquiries about data processing in accordance with these Clauses. Therefore, the processor shall make available to the controller all information necessary to demonstrate compliance with the obligations set out in these Clauses and that stem directly from the GDPR.
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. The controller may choose to conduct the audit by itself or mandate an independent auditor.
5. Use of subprocessors
The processor has the controller's general authorization for the engagement of subprocessors from an agreed list. The processor shall specifically inform the controller in writing of any intended changes to that list through the addition or replacement of subprocessors to the email address last provided by the controller at least 7 days in advance. The controller may object, in which case Mimo will terminate the provision of Mimo with immediate effect.
Where the processor engages a subprocessor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the subprocessor, 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 subprocessor complies with the obligations to which the processor is subject pursuant to these Clauses and to the GDPR.
At the controller's request, the processor shall provide a copy of such a subprocessor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secrets or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
6. International transfers
Any transfer of data to a third country or an international organization by the processor shall be done only based on documented instructions from the controller or 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 GDPR.
The controller agrees that the processor and the subprocessor can ensure compliance with Chapter V GDPR by using standard contractual clauses adopted by the Commission (Art 46(2) GDPR).
7. Assistance to the controller
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. The processor shall comply with the controller's instructions to fulfill its obligations. 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 authorized to do so by the controller.
Furthermore, the processor shall 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:
- to carry out a data protection impact assessment;
- 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;
- to ensure that personal data is accurate and up to date;
- to implement adequate technical and organizational measures.
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 GDPR, taking into account the nature of the processing and the information available to the processor. In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller in obtaining information with regard to 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, the likely consequences of the personal data breach and 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. 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 has become aware of the breach. Such notification shall contain a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned), the details of a contact point where more information concerning the personal data breach can be obtained and its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.
8. Non-compliance with the Clauses and termination
These Clauses terminate with the ToS. Without prejudice to any provisions of the GDPR, if 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 be entitled to terminate these Clauses insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements, the controller insists on compliance with the instructions.
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.
The data processing agreement was last modified on February 13, 2026