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This Data Processing Agreement (DPA) applies between VILFF OÜ as processor and each VILFF customer as controller. It consists of the European Commission's standard contractual clauses (Implementing Decision (EU) 2021/915), unmodified, and Annexes I-V describing the processing. Customers accept it in the VILFF portal when creating a workspace or ordering a subscription, or by signing Annex I (write to info@vilff.com).
Current list of sub-processors: vilff.com/legal/subprocessors.
(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 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.
(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 and/or Regulation (EU) 2018/1725.
(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 and/or Regulation (EU) 2018/1725.
(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.
(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, 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 or Regulation (EU) 2018/1725 respectively.
(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 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
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.
(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.
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.
(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 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.
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.
Processing by the processor shall only take place for the duration specified in Annex II.
(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.
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.
(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 and/or Regulation (EU) 2018/1725. 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.
(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 30 (thirty) 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 and/or Regulation (EU) 2018/1725.
(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 secret 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.
(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 or Regulation (EU) 2018/1725.
(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.
(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.
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 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of 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:
(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.
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.
(a) Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, 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 and/or Regulation (EU) 2018/1725;
(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 and/or Regulation (EU) 2018/1725.
(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.
Controller
| Name | [Customer legal name] |
| Registry code | [ ] |
| Address | [ ] |
| Contact person, position, contact details | [Name, position, email, phone] |
| Data protection officer (if appointed) | [Name, email] |
| Signature and date | [Signature and date, or: accepted in the VILFF portal by [user] on [date], DPA version [x]] |
Processor
| Name | VILFF OÜ |
| Registry code | 17585306 |
| Address | Kivimurru tn 34, 11411 Tallinn, Estonia |
| Contact person, position, contact details | Sergei Zahharenko, CTO, privacy@vilff.com |
| Data protection contact | privacy@vilff.com (no data protection officer appointed) |
| Signature and date | [ ] |
| Category | Content |
|---|---|
| Audio recordings | Speech recorded at the location (with VILFF recorders and the VILFF app in automatic mode, only segments in which speech is detected; in the app's manual mode, continuously from Start to Stop), with timestamp and location identifier |
| Transcripts | Text of the conversation split into utterances by speaker (Speaker A, B...), with timestamps and detected language; stored only after names, telephone numbers, e-mail and postal addresses, personal identification codes, card numbers, vehicle registration numbers and other long identifiers have been replaced with placeholders |
| Analysis results | Topic, summary, tone, tags, emotions and satisfaction score inferred from the text, service quality indicators, business relevance, channel, estimated role of each speaker (inferred from what is said; the speakers' gender is not estimated), products and services mentioned |
| Translations | Transcript, summary and tags translated into the portal languages |
| Reports | Weekly notes and monthly reports per workspace, with short quotes from conversations |
| Portal user accounts | Name, work e-mail address, password hash, role and access rights, sessions, notification settings, activity timestamps |
| Device telemetry | Device identifier, device model and software version, assigned location, connection status, battery level, uptime, microphone status, audio level statistics and upload-queue length (no audio, no content) |
| Configuration | Names and addresses of locations; business context, service standards and scripts provided by the controller |
The service is not intended for special categories of personal data (Article 9 GDPR). Because recordings capture free speech, such data may occur incidentally. Safeguards: recorders must not be placed in treatment rooms, medical offices, children's areas or staff rest areas (VILFF placement rules); in healthcare establishments recording is limited to the reception area and requires the controller's data protection impact assessment and a separate written agreement; the service does not extract, classify or index special-category data; audio is deleted immediately after transcription; identifiers are replaced with placeholders before storage; access is limited to the controller's authorised users and to named VILFF engineers for support. The service does not use voice characteristics to identify persons or to infer emotions: voice features are used only to separate speakers within a single recording and are not stored.
Capture of speech by VILFF recorders or the VILFF app at locations chosen by the controller; encrypted upload; temporary encrypted storage of audio; speech-to-text transcription and speaker separation on VILFF's own servers; analysis of the text by an AI language model; automated replacement of identifiers with placeholders; translation; aggregation into analytics, notes and reports; display in the VILFF portal and delivery of notifications; deletion.
Providing the VILFF service to the controller: analysis of the quality of customer service at the controller's locations, customer demand and missed sales, compliance with the controller's service standards and scripts, and reporting to the controller. The processor does not process the data for its own purposes, does not evaluate individual employees on its own initiative and does not use the data to train AI models.
For the term of the Agreement, followed by deletion or return of the data in accordance with Clause 10(d) and Annex V.
| Data | Retention |
|---|---|
| Audio | Deleted immediately after the transcript has been obtained, typically minutes after upload; recordings that cannot be processed are deleted no later than 7 days after upload |
| Transcripts, analysis results, translations, reports | The period set by the controller in the VILFF portal: 30, 90, 180 or 365 days from the date of the conversation, or no time limit; 365 days unless the controller sets another period; in any event no longer than the term of the Agreement. Data older than the period are deleted permanently by an automatic job that runs several times a day |
| Portal user accounts | Until deleted by the controller's administrator or until the end of the Agreement |
| Device telemetry | Current status only; each status signal overwrites the previous one |
| Operational logs | Service logs: 30 days. Container logs: limited in size and overwritten on rotation. Access log (sign-ins, conversations opened, deleted or exported, changes of settings and users): 2 years, visible to the controller in the portal. Logs contain no audio or transcript text |
| Database backups | Encrypted before leaving the production server; kept for 30 days and then deleted automatically. Audio is never included |
The subject matter, nature and duration of processing by each sub-processor are set out in Annex IV. Sub-processors process the data only for as long as needed to perform their part of the service and in the EU/EEA (for Brevo see Annex IV).
Measures in place on the date of this version. Planned measures are listed separately and are not yet obligations.
| Area | Measures |
|---|---|
| Encryption in transit | TLS for every external connection: device uploads, portal, API and all calls to sub-processors; certificates issued and renewed automatically |
| Encryption at rest | Audio files encrypted with AES-256-GCM, key stored separately from the storage; database backups encrypted before they leave the production server |
| Pseudonymisation | On VILFF's own speech-recognition servers, before any text leaves them, deterministic patterns replace personal identification codes, card numbers, IBANs, telephone numbers, e-mail addresses, company registry codes and other long numbers, and a local named-entity model replaces names of persons. The AI language model then replaces remaining names, postal addresses and vehicle registration numbers, and a second, dedicated pass removes residual names. The original transcript is not retained. In the optional strict mode chosen by the controller, amounts, dates, other numbers and company names are also masked. Automated masking is a strong safeguard rather than a guarantee |
| Data minimisation | VILFF recorders, and the VILFF app in automatic mode, store only segments in which speech is detected; audio deleted immediately after transcription; VILFF placement rules exclude treatment rooms, children's areas and staff rest areas |
| Workspace isolation and user access | Every record carries the controller's workspace identifier, checked on the server for every request; personal portal accounts with salted password hashes or Sign in with Google; two-factor sign-in (TOTP) that the controller can make mandatory for its workspace; server-side sessions that expire after 7 days or 8 hours of inactivity and can be revoked; roles owner, admin and viewer managed by the controller; rate limiting on sign-in, password reset and registration |
| VILFF personnel access | Administrative access only for named VILFF engineers through a separate administrative interface; server access by SSH keys only, password login disabled, brute-force blocking (fail2ban); personnel do not read transcripts except to resolve a support request from the controller; every conversation opened by VILFF personnel is recorded in the controller's access log |
| Recording devices | Each device has its own secret and an upload-only key; a device must be bound to a location by an administrator before any upload is accepted; devices can be unbound and revoked centrally; no inbound connections to devices; maintenance only through VILFF's key-authenticated bastion |
| Network | Database and processing components are not exposed to the Internet; only web ports and maintenance ports are open; security headers on all web hosts; automatic security updates on the production server |
| Availability and recovery | Daily encrypted backups of the database and configuration to a second location; restore tested by full recovery (15 September 2026); weekly integrity check of backup data; monitoring of servers, queues and devices with automatic alerts to VILFF engineers |
| Physical security | Production server in Hetzner's Falkenstein data centre (ISO/IEC 27001 certified); speech-recognition servers and the backup store in VILFF's premises in Tallinn [access control to be described] |
| Logging | Service logs kept for 30 days; container logs limited in size; access log of sign-ins and actions on conversations kept for 2 years and visible to the controller; logs do not contain audio or transcript text |
| Separation of environments | Development and test environments use their own database and contain no production personal data |
| Secrets management | Keys and passwords kept in a password manager and server environment files, never in source code; rotated on suspected compromise |
| Governance | Written incident response procedure and breach log; register of sub-processors; register of model licences; AI literacy guidance for personnel; documented method for emotion and tone analysis (text only) |
| Certification | VILFF holds no certification yet; ISO/IEC 27001 certification is in preparation |
Planned measures: two-factor sign-in for VILFF's administrative interface; Content Security Policy; encryption of the upload buffer on recording devices; disk encryption of the Tallinn servers; external penetration test before the first enterprise deployment.
The controller authorises the following sub-processors (Clause 7.7(a)). All of them process the controller's data in the EU/EEA; Brevo's DPA permits transfers outside the EEA only under the EU standard contractual clauses.
| Sub-processor | Address | Processing | Location | Duration |
|---|---|---|---|---|
| Hetzner Online GmbH | Industriestr. 25, 91710 Gunzenhausen, Germany | Hosting of the production server: database, temporary encrypted audio storage, portal and processing pipeline | Falkenstein, Germany | Term of the Agreement |
| EUrouter B.V. (KVK 42054357) | Jacob van Lennepstraat 78H, 1053 HM Amsterdam, Netherlands | Gateway to AI language models: forwards transcript text to the model and returns the result; does not store prompts or outputs | Netherlands (infrastructure in Amsterdam) | Per request only |
| Microsoft Ireland Operations Limited, engaged by EUrouter | One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland | Runs the AI language models (Azure OpenAI in Microsoft Foundry) that analyse, pseudonymise and translate transcript text and write reports | EU Data Zone | Per request; Microsoft may keep prompts and outputs for up to 30 days solely for abuse monitoring, in the EU, unless an exemption applies |
| Sendinblue SAS (Brevo) | 9-17 rue Salneuve, 75017 Paris, France | Delivery of account e-mails, notifications, weekly notes and monthly reports to the controller's users | EU | Per message |
Not sub-processors: messaging services that the controller's users connect themselves for notifications (Telegram, Slack, Microsoft Teams, browser push) act on the controller's own instruction under the controller's agreements with those services. VILFF's own speech-recognition servers in Tallinn are part of VILFF's infrastructure, not a sub-processor.
These terms are added under Clause 2(b). They do not contradict the Clauses; if they ever do, the Clauses prevail.