Data Processing Agreement

Standard contractual clauses (Commission Implementing Decision (EU) 2021/915)

Last updated: 16 September 2026

Contents

• Clause 1 – Purpose and scope
• Clause 2 – Invariability of the Clauses
• Clause 3 – Interpretation
• Clause 4 – Hierarchy
• Clause 5 – Docking clause
• Clause 6 – Description of processing(s)
• Clause 7 – Obligations of the Parties
• Clause 8 – Assistance to the controller
• Clause 9 – Notification of personal data breach
• Clause 10 – Non-compliance with the Clauses and termination
• Annex I – List of parties
• Annex II – Description of the processing
• Annex III – Technical and organisational measures including technical an…
• Annex IV – List of sub-processors

Clause 1 – Purpose and scope

(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

(b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.

(c) These Clauses apply to the processing of personal data as specified in Annex II.

(d) Annexes I to IV are an integral part of the Clauses.

(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679.

(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679.

Clause 2 – Invariability of the Clauses

(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.

Clause 3 – Interpretation

(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.

Clause 4 – Hierarchy

In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.

Clause 5 – Docking clause

(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.

(b) Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.

(c) The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.

Clause 6 – Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.

Clause 7 – Obligations of the Parties

7.1. Instructions

(a) 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 important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.

(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 or the applicable Union or Member State data protection provisions.

7.2. Purpose limitation

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.

7.3. Duration of the processing of personal data

Processing by the processor shall only take place for the duration specified in Annex II.

7.4. Security of processing

(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

(b) 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 of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

7.5. Sensitive 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 for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offenses (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

7.6. Documentation and compliance

(a) The Parties shall be able to demonstrate compliance with these Clauses.

(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679. 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.

(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

7.7. Use of sub-processors

(a) The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least one month in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.

(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, 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 sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679.

(c) At the controller’s request, the processor shall provide a copy of such a sub-processor 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.

(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.

(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

7.8. International transfers

(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order 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 of Regulation (EU) 2016/679.

(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.

Clause 8 – Assistance to the controller

(a) 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 authorised to do so by the controller.

(b) 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. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions.

(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore 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:

(d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

Clause 9 – Notification of personal data breach

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 of Regulation (EU) 2016/679, taking into account the nature of processing and the information available to the processor.

9.1 Data breach concerning data processed by the controller

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:

(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);

(b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:

(c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

9.2 Data breach concerning data processed by the processor

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 having become aware of the breach. Such notification shall contain, at least:

(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

(b) the details of a contact point where more information concerning the personal data breach can be obtained;

(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.

Clause 10 – Non-compliance with the Clauses and termination

(a) Without prejudice to any provisions of Regulation (EU) 2016/679, in the event that 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 promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.

(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

(d) 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.

Annex I – List of parties

Controller(s)

The User (as defined in the Terms of Service and Privacy Policy) who has installed the Application and uses it to process personal data for which the User is the controller.

Identity and contact details: as provided by the User in their Shopify store account.

Accession: by installing the Application, the User accedes to these Clauses. A countersigned copy with the User's details can be requested at support@nexusmedia-ua.com.

Processor(s)

Name: NEXUSMEDIA DENIS WERBICKI

Address: ul. Dziatwy 18B / 32, 03-109 Warsaw, Poland

Contact person’s name, position and contact details: Denis Werbicki, email address: support@nexusmedia-ua.com

Annex II – Description of the processing

Definitions

In these Annexes:

• “Main Agreement” means the digital service agreement concluded between the Controller (the User) and the Processor under the Terms of Service and Privacy Policy by installing the Application;
• “Services” means the Application(s) provided by the Processor through the Shopify App Store;
• “Controller's Clients” means customers of the User's Shopify store.

Scope

These Clauses apply to all Applications the Processor provides through the Shopify App Store. The descriptions in these Annexes cover the whole portfolio. Each Application processes only the personal data strictly necessary for its own functionality, and only for the Applications the User has installed. Listing a category of data subjects or personal data in these Annexes does not mean that any particular Application processes it.

Categories of data subjects whose personal data is processed

The Processor processes Controller's Personal Data about the following categories of data subjects on behalf of the Controller:

• Controller's Clients;
• Visitors of the Controller's website.

Categories of personal data processed

Depending on the Application(s) installed and how the User configures them, the Processor may process the following personal data on behalf of the Controller:

• Contact data: name, email address, phone number, billing and shipping address. No payment card or other payment data is processed.
• Social login data: social network account identifiers and basic profile data, where the User enables social login.
• Order data: products ordered, quantities, order value, status and history, as available through the Shopify API.
• Technical data: IP address, approximate geolocation derived from it, browser and device information.
• Form data: data submitted through forms the User builds in the Application. The User alone determines which fields are collected.
• Export data: order and customer fields the User selects for export (e.g. XLS, Google Sheets). This data is processed only to generate the export and is not reviewed or kept by the Processor.

Support access: Processor personnel access personal data in the User's store only where the User grants access for support or bug fixing, and only to the extent strictly necessary for that purpose.

Sensitive data

Not applicable. The Applications are not designed to process sensitive data within the meaning of Clause 7.5. The User shall not configure custom forms, exports or any other functionality of the Application to collect or process such data. The Processor does not review, and has no technical means to verify, the names or content of fields configured by the User. The User is solely responsible for ensuring that no sensitive data is collected or processed through the Application.

Nature of the processing

Performance of the Main Agreement.

Collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission or otherwise making available, alignment or combination, restriction, erasure or destruction.

Purpose(s) for which the personal data is processed on behalf of the controller

This data will be used with the purpose of delivering the Services.

Duration of the processing

For the duration of the Main Agreement, i.e. while the Application is installed in the User's Shopify store.

After the Application is uninstalled, the Processor deletes the personal data processed on behalf of the Controller from its production systems upon receiving Shopify's data erasure request (sent 48 hours after uninstallation). Deletion normally happens within 48 hours of receiving the request, and in any event within 30 days, unless Union or Member State law requires storage. Erasure requests for individual Controller's Clients forwarded by Shopify are completed within the same period.

Personal data may remain in backups until they are deleted as part of the regular backup rotation, no later than 12 months after the backup was created. Data of an individual store cannot be selectively erased from backups. Until deletion, backup copies are kept secure and are not accessed or used for any other purpose. If a backup is restored, the personal data of Users who have uninstalled the Application is deleted again before the restored data is used.

Annex III – Technical and organisational measures including technical and organisational measures to ensure the security of the data

1. General principles

• Each Application processes only the personal data strictly necessary for its functionality (data minimisation, privacy by default).
• Data protection is taken into account when designing and developing the Applications (privacy by design).

2. Access control and confidentiality

• Multi-factor authentication is enabled on administrative accounts for hosting, code repositories, the Shopify Partner account, email and storage services.
• Access to production servers and databases is limited to named personnel who need it for their role. Access uses individual SSH keys; credentials are not shared.
• Access rights are revoked promptly when personnel leave or change role.
• Strong passwords are required for all systems that give access to personal data.
• Personnel access personal data in a User's store only when the User grants access for support or bug fixing (see Annex II).
• Personnel and contractors with access to personal data are bound by written agreements that oblige them to keep information confidential and to process personal data only on the Processor's documented instructions. Contractors located outside the EEA are additionally bound by the EU Standard Contractual Clauses (Implementing Decision (EU) 2021/914).

3. Encryption and network security

• All personal data in transit is encrypted using HTTPS/TLS, including Application traffic, API communication with Shopify and administrative interfaces.
• Personal data stored in Cloudflare database services and in Google Cloud / Firebase is encrypted at rest by the respective provider.
• Backups are stored in Dropbox, where they are encrypted at rest (AES-256) by Dropbox.
• Server-level firewalls restrict network access to production servers.

4. Hosting infrastructure and patching

• Applications run on managed servers provided by Cloudways (on DigitalOcean infrastructure in the Netherlands), on Cloudflare Workers and on Google Cloud / Firebase (EU regions).
• On managed servers, Cloudways applies operating system security patches and manages server firewalls.
• The Processor keeps Application code, frameworks and dependencies up to date and applies security updates regularly.

5. Integrity, availability and backups

• Databases are backed up automatically several times a day. Backups are kept for up to 12 months and used only to restore data (see Annex II).
• Backups allow the availability of and access to personal data to be restored in a timely manner after a physical or technical incident.
• Server and application logs, plus uptime and error monitoring, are used to detect malfunctions and security incidents.

6. Development and testing

• Development and testing use separate environments and development stores; production customer data is not used for testing.

7. Assistance to the Controller (Clause 8)

• Data subject requests: the Processor handles the requests Shopify forwards on behalf of Controller's Clients. It provides the User with the requested customer data (customers/data_request) and deletes customer data (customers/redact) within 30 days.
• Requests received directly from data subjects are forwarded to the User without undue delay.
• Impact assessments and prior consultation: on request, the Processor provides the User with information about the processing performed by the Application and the measures in these Annexes.
• Requests for assistance can be sent to support@nexusmedia-ua.com.

8. Personal data breach notification (Clause 9)

• The Processor notifies the User without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting personal data processed on the User's behalf.
• The notice goes to the email address of the User's Shopify store account; further information follows through the same channel as it becomes available.
• Contact point for further information: support@nexusmedia-ua.com.
• The Processor takes reasonable steps to contain the breach and limit its effects, records the facts, effects and remedial actions, and cooperates with the User.

9. Sub-processors

• Sub-processors are engaged only under written agreements that impose data protection obligations equivalent to these Clauses (Clause 7.7). Their security measures are described in their own published security documentation.

Annex IV – List of sub-processors

The Controller has authorised the use of the following sub-processors. Depending on the Application(s) installed, not every sub-processor processes personal data of every User.

Changes to this list. The Processor informs Users of any intended addition or replacement of a sub-processor by publishing the updated list at https://nexusmedia-ua.com/pages/terms-of-service-and-privacy-policy at least one month before the change takes effect, together with that date. Users may object by writing to support@nexusmedia-ua.com before that date. If an objection cannot be resolved, the User may terminate the Main Agreement by uninstalling the Application.