Flexkeeping - Privacy Policy

SECTION I

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.

(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 - Optional

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.

SECTION II

OBLIGATIONS OF THE PARTIES

Clause 6

Description of processing(s)

The details of the processing operations, in particular the categories of personal data and the
purposes of the 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 offences (“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 to that list through the addition or replacement of
sub-processors at least 20 days 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 to 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 of 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:

(1)the obligation to carry out an assessment of the impact of the envisaged processing
operations on the protection of personal data (a ‘data protection impact assessment’)
where a type of processing is likely to result in a high risk to the rights and freedoms of
natural persons;

(2)the obligation 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 in the absence of measures taken by the controller to mitigate the risk;

(3)the obligation to ensure that personal data is accurate and up to date, by informing the
controller without delay if the processor becomes aware that the personal data it is
processing is inaccurate or has become outdated;

(4) the obligations in Article 32 of Regulation (EU) 2016/679.

(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, where applicable, 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:

(1)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;

(2) the likely consequences of the personal data breach;

(3)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.

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.

(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 has 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.

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.

SECTION III

FINAL PROVISIONS

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:

(1)the processing of personal data by the processor has been suspended by the controller
pursuant to point (a) and if compliance with these Clauses is not restored within a
reasonable time and in any event within one month following suspension;

(2)the processor is in substantial or persistent breach of these Clauses or its obligations
under Regulation (EU) 2016/679;

(3)the processor fails to comply with a binding decision of a competent court or the
competent supervisory authority/ies regarding its obligations pursuant to these Clauses
or to Regulation (EU) 2016/679.

(c)The processor shall be entitled to terminate the contract insofar as it concerns the
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): contact details of the customer, and, where applicable, of the processor’s data
protection officer

Processor(s): Creatriks d.o.o, with registered office in Slovenia, Arbajterjeva 5, 2250 Ptuj,
registered with the Trade Register Office under no. 6116418000, Tax Identification Code SI
77183401, represented by Aljaž Ketiš as director.

Processor(s): Flexkeeping Ltd, with a registered office in the UK, 5 Brayford Square,
London, E1 0SG, registered with the Trade Register Office under no. 11467941, VAT
registration number 311522847, represented by Aljaž Ketiš as director.

ANNEX II

Description of the processing

Categories of data subjects whose personal data is processed
● Employees of the Customer
● Customers of the Customer
Categories of personal data processed
● For employees of the Customer: Name, surname, Username, Role, Email, Logs,
In-app analytics
● For customers of the Customer: Name, surname, Email, Phone number, Reservation
details, ID Information, Visit purpose, Room number, Checkin time/ checkout time,
Group details, Country, Reservation cost, Rates, Notes, Data from PMS data sets
Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take
into consideration the nature of the data and the risks involved, such as for instance strict
purpose limitation, access restrictions (including access only for staff having followed
specialised training), keeping a record of access to the data, restrictions for onward transfers
or additional security measures.
● Allergies, and other information present in the Data from PMS Data Sets; data is used
only to notify Employees of the Customer in regard to the Room Service feature, as
described in the Contract. Other Data from PMS Data Sets are destroyed after
dematerialisation.
Nature of the processing
● As described in the Contract
Purpose(s) for which the personal data is processed on behalf of the controller
● Creation of accounts for employees of Customer: role definition, access control lists
definition, logs setup and storage, storage of activities.
● Analytics, as defined by the Customer through the use of the Analytics toggle in the
App.
● Datasets imported from PMS systems via APIs provided by the Customer.
● Dematerialisation of datasets imported from PMS systems: separation of unnecessary
personal data categories, destruction of unnecessary personal data categories.
● Scheduling housekeeping, live feed of housekeeping
● Manage linen change, minibar, repair jobs and amenities
● Mobile Housekeeping training and housekeeping checklists
● Communicate tasks & updates to employees
● Housekeeping dashboard analytics

Hotel Maintenance and cost optimisation
● Room service management
● Definition and implementation of Standard Operating Procedures
● Task management and to-do lists
● Guest relations management
● Lost and found management
● Guest feedback and analytics
Duration of the processing
● As described in the Contract
Subprocessors:
● Amazon Web Services EMEA Sàrl
o Description of the processing: Hosting and back-up.
● Atlassian, Inc.
o Description of the processing: project and task management
o the transfer mechanism of personal data is the adequacy decision taken by the
European Commission in regard to the EU-US Data Privacy Framework

● Freshdesk, Inc.
o Description of the processing: customer support
o the transfer mechanism of personal data is the adequacy decision taken by the
European Commission in regard to the EU-US Data Privacy Framework

● Independent development contractors
o Description of the processing: support and incident management

ANNEX III

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

FLEXKEEPING has deployed an IT security policy that addresses:
● Data integrity and confidentiality;
● Security of IT equipment;
● Protection against viruses, trojans, malware;
● Security measures regarding databases;
● Back-up of data, recovery measures, provisions for periodic testing of back-ups;
● Security monitoring
● Security incident management;
● Change Management;
● Classification of data;
● Inventory of equipment and software;
● Physical security
● Disaster recovery
● Business Continuity

FLEXKEEPING has signed with all employees a Data Processing Annex and an internal
policy for the processing of personal data as an annex to the Internal Regulations.
FLEXKEEPING ensures the continuous training of all persons involved in the processing of
personal data.
FLEXKEEPING has implemented firewall technologies to limit security risks.
FLEXKEEPING does not use production data in test, development, as well as pre-production
environments.
FLEXKEEPING ensures the secure transmission of Personal Data inside or outside the
internal network using encryption technologies so that it is not intelligible.
FLEXKEEPING has installed antivirus programs and intrusion detection systems on
computer systems that are updated regularly.
FLEXKEEPING continuously reviews the software and hardware used to detect and resolve
vulnerabilities and defects.
FLEXKEEPING as part of the Internal Data Processing Policy ensures that only those
employees who need to carry out a processing of Personal Data are authorized to do so. The
authorization for access to the information systems containing Personal Data will be granted
according to the principles of "need to know" and "minimum privileges".

FLEXKEEPING through its user access policy ensures that only identified and logged-in
authorized users can access the systems that manage personal data. Each authorized user has
only one username.
FLEXKEEPING continuously reviews the access rights of Authorized Users to personal data
and system components containing Personal Data. Access rights will be deactivated if they
are not used for at least six months, except for those that have been authorized exclusively for
management and technical support. Access rights will also be disabled if the Authorized User
is disqualified or dis-authorized to access computer systems or to process Personal Data.
FLEXKEEPING has established through the IT Security Policy explicit requirements for
strong passwords:
● passwords should not be disclosed to others, including management and system
administrators
● User-generated passwords cannot be distributed through any channel (using oral,
written or electronic distribution, etc.)
● passwords must be changed if there are indications that the passwords or system may
have been compromised – in this case a security incident must be reported
● strong passwords should be selected as follows:
o use of at least twelve characters
o use of at least one numeric character
o use of at least one uppercase and at least one lowercase alphabetical character
o using at least one special character
o a password must not be a dictionary word, from a dialect or jargon from any
language, or any of these words written back
o passwords should not be based on personal data (e.g. date of birth, address,
name of a family member, etc.)
o Last three passwords cannot be re-used
● passwords must be changed every 3 months
● the password must be changed at the first logon to a system
● passwords should not be stored in an automated login
https://find-and-update.company-information.service.gov.uk/company/11467941#:~:t
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G (e.g. macro or browser)
● passwords used for private purposes should not be used for business purposes
FLEXKEEPING monitors access to production environments containing personal data to
record the link between access and individual user and access to personal data.
FLEXKEEPING stores all physical environments containing Personal Data on-site in a room
with restricted physical access to Authorized Users.
FLEXKEEPING ensures the secure destruction of personal data through secure erasure
procedures to make all Personal Data unrecoverable.

FLEXKEEPING ensures the transfer of paper documents containing Personal Data in sealed
envelopes and personally handed over to the Authorized User.
FLEXKEEPING ensures the training and education of Authorized Users regarding the
correct rules of conduct to be adopted for the protection of Character Data.
FLEXKEEPING has equipped its premises for the processing of Personal Data with intrusion
detection systems (cameras) that are operational 24/7.
The building in which FLEXKEEPING operates has detection/protection systems against
fire, lightning and water damage. These systems work 24/7.
FLEXKEEPING has implemented secure code development policies and best practices using
Secure Development Lifecycle (SDL) principles.
FLEXKEEPING has implemented a procedure for analyzing and reporting security breaches.

ANNEX IV

List of sub-processors

EXPLANATORY NOTE:

This Annex needs to be completed in case of specific authorisation of sub-processors (Clause
7.7(a), Option 1).

● Amazon Web Services EMEA Sàrl
o Description of the processing: Hosting and back-up.
● Atlassian, Inc.
o Description of the processing: project and task management
o the transfer mechanism of personal data is the adequacy decision taken by the
European Commission in regard to the EU-US Data Privacy Framework

● Independent development contractors
o Description of the processing: support and incident management

Daily operations are complicated. We make them simpler.

Daily operations are complicated. We make them simpler.

Flexkeeping Data Processing Agreement