DATA PROCESSING AGREEMENT

Effective date: 6 May 2026

This Data Processing Agreement ("DPA") forms part of the Terms of Service ("Main Agreement") between:

(1) Ubique d.o.o., a company incorporated in Croatia, with its registered office at Kikićeva 7, 10000 Zagreb, Croatia, OIB HR 90787328659, operator of droplana.com ("Droplana", "Processor"); and

(2) the customer who has accepted the Main Agreement ("Customer", "Controller").

(each a "Party" and together the "Parties")

This DPA reflects the Parties' agreement on the processing of Personal Data carried out by Droplana on behalf of the Customer in connection with the Services. It is incorporated by reference into the Main Agreement.

If there is any conflict between this DPA and the Main Agreement, this DPA prevails with respect to the processing of Personal Data.


1. Definitions

Capitalized terms not defined in this DPA have the meaning given to them in the Main Agreement. The following definitions apply:


2. Roles and scope

2.1 Roles. With respect to Customer Personal Data Processed under the Services:

2.2 Scope of Processing. Droplana will Process Customer Personal Data only to the extent necessary to provide the Services, in accordance with this DPA, the Main Agreement, and the documented instructions of the Customer.

The Customer's instructions for Processing are set out in this DPA, the Main Agreement, and the configuration choices the Customer makes within the Services (such as creating clients, uploading files, sending messages).

2.3 Details of Processing. The subject matter, duration, nature, purpose, types of Personal Data, and categories of Data Subjects involved in the Processing are set out in Annex 1.

2.4 Compliance with laws. Each Party will comply with its respective obligations under the Data Protection Laws.


3. Droplana obligations as Processor

3.1 Documented instructions. Droplana will Process Personal Data only on the documented instructions of the Customer, including with regard to transfers of Personal Data, unless required to do otherwise by applicable law. If a legal requirement applies, Droplana will inform the Customer of that requirement before Processing, unless the law prohibits such notice on important grounds of public interest.

3.2 Confidentiality. Droplana will ensure that personnel authorized to Process Personal Data are bound by appropriate written confidentiality obligations.

3.3 Security. Droplana will implement appropriate technical and organizational measures to protect Personal Data, taking into account the state of the art, costs of implementation, and the nature, scope, context, and purposes of Processing as well as the risk to Data Subjects. The measures in place at the effective date of this DPA are described in Annex 3.

3.4 Subprocessors. Droplana may engage Subprocessors in accordance with Section 5.

3.5 Data Subject requests. Droplana will provide reasonable assistance to the Customer, taking into account the nature of the Processing and the information available to Droplana, to enable the Customer to respond to requests by Data Subjects exercising their rights under the GDPR. Where technically feasible, Droplana will make available within the Services functionality for the Customer to fulfill such requests directly (such as the data export and account deletion features).

3.6 Assistance with controller obligations. Droplana will provide reasonable assistance to the Customer in ensuring compliance with the Customer's obligations under Articles 32 to 36 GDPR, taking into account the nature of the Processing and the information available to Droplana.

3.7 Return or deletion of data. At the end of the Services, Droplana will, at the Customer's choice, delete or return all Personal Data and delete existing copies, unless retention is required by applicable law. The Customer can self-serve account deletion (which performs an irreversible hard delete) and data export (JSON format) at any time during the term via the Services.

3.8 Audit information. Droplana will make available to the Customer all information reasonably necessary to demonstrate compliance with the obligations laid down in this DPA, in accordance with Section 9.

3.9 Notification of unlawful instructions. Droplana will inform the Customer if, in its opinion, an instruction infringes the Data Protection Laws.


4. Customer obligations as Controller

4.1 Lawful basis. The Customer warrants that it has a valid legal basis under the Data Protection Laws for the Processing of Personal Data through the Services and that its instructions to Droplana comply with the Data Protection Laws.

4.2 Notice and consent. The Customer is responsible for providing any required notices and obtaining any required consents from Data Subjects (including the Customer's own clients and the clients' representatives who use the portal) for the Processing carried out through the Services.

4.3 Customer responsibilities. The Customer is responsible for:


5. Subprocessors

5.1 General authorization. The Customer grants Droplana general authorization to engage Subprocessors to perform Processing on the Customer's behalf, subject to this Section 5.

5.2 Current Subprocessors. The current Subprocessors are listed in Annex 2. The list is also published at https://droplana.com/dpa#subprocessors and updated when the list changes.

5.3 Notice of changes. Droplana will notify the Customer at least 30 days before any addition or replacement of a Subprocessor by updating the public list and, where the Customer has subscribed to subprocessor change notifications, by email.

5.4 Right to object. The Customer may object to the addition or replacement of a Subprocessor on reasonable grounds related to data protection within 30 days of notification. If the Parties cannot reach agreement, the Customer may terminate the affected Services for cause without penalty.

5.5 Subprocessor obligations. Droplana will impose contractual obligations on each Subprocessor that are no less protective than those set out in this DPA, particularly with respect to data protection, confidentiality, and security.

5.6 Liability. Droplana remains fully liable to the Customer for the performance of each Subprocessor's obligations.


6. Data Subject rights

6.1 Direct requests. If a Data Subject sends a request directly to Droplana, Droplana will, where it can identify that the request relates to Customer data, forward the request to the Customer without undue delay and will not respond to the Data Subject directly except to confirm receipt.

6.2 Customer assistance. Droplana will provide reasonable assistance to the Customer in handling Data Subject requests, including by:

6.3 Costs. Droplana provides the assistance described in this Section 6 at no additional charge for routine requests. For requests that require materially disproportionate effort, the Parties will agree on reasonable compensation in advance.


7. Personal Data Breaches

7.1 Notification. Droplana will notify the Customer without undue delay, and in any event within 72 hours, after becoming aware of a Personal Data Breach affecting the Customer's Personal Data.

7.2 Information provided. The notification will include, to the extent then known:

7.3 Cooperation. Droplana will cooperate with the Customer in good faith and provide reasonable assistance in connection with the Customer's notification obligations to Supervisory Authorities and Data Subjects under Articles 33 and 34 GDPR.

7.4 No admission of liability. A notification provided under this Section 7 is not an acknowledgment of fault or liability.


8. International transfers

8.1 Primary processing location. Droplana primarily Processes Personal Data within the European Union (in Frankfurt, Germany).

8.2 Transfers outside the EEA. Where a Subprocessor processes Personal Data outside the European Economic Area, the United Kingdom, Switzerland, or another country recognized by the European Commission as providing an adequate level of protection, the Parties agree that:

8.3 UK Addendum. Where the Customer is established in the United Kingdom or otherwise subject to UK data protection law, the parties agree that the UK International Data Transfer Addendum to the EU Standard Contractual Clauses (issued by the UK Information Commissioner) applies to any transfer of Personal Data to a Subprocessor outside the United Kingdom and a country recognized as adequate.


9. Audits

9.1 Audit information. Droplana will make available to the Customer the information reasonably necessary to demonstrate compliance with this DPA, including:

9.2 On-site audits. If the information made available under Section 9.1 is insufficient to demonstrate compliance, the Customer may, no more than once per twelve-month period and on at least 30 days' written notice, conduct an audit of Droplana's processing activities relevant to this DPA, subject to the following:

9.3 Supervisory Authority. Nothing in this Section limits the rights of any Supervisory Authority.


10. Term and termination

10.1 Term. This DPA takes effect on the effective date and continues for the duration of the Main Agreement.

10.2 Survival. Sections 3.7 (return or deletion), 7 (Personal Data Breaches in respect of breaches discovered after termination but relating to in-term Processing), 9 (audits in respect of in-term Processing), and 11 (liability) survive termination of this DPA.

10.3 Effect of termination on data. On termination of the Main Agreement, Droplana will delete or return Personal Data in accordance with Section 3.7. The Customer can also export and delete data via the self-service features at any time.


11. Liability

11.1 Liability cap. Each Party's total liability arising out of or related to this DPA, whether in contract, tort, or any other theory of liability, is subject to the limitations and exclusions of liability set out in the Main Agreement.

11.2 Statutory rights. Nothing in this DPA limits liability that cannot be limited under applicable law, including liability for damage caused intentionally or by gross negligence.


12. General

12.1 Governing law. This DPA is governed by the laws of the Republic of Croatia, without regard to its conflict of laws principles. The courts of Zagreb, Croatia have exclusive jurisdiction over any disputes arising out of or in connection with this DPA, subject to mandatory provisions of applicable law.

12.2 Order of precedence. In the event of a conflict between this DPA and the Main Agreement, this DPA prevails with respect to the Processing of Personal Data.

12.3 Severability. If any provision of this DPA is held to be invalid or unenforceable, the remainder of the DPA remains in full force and effect.

12.4 Notices. Notices under this DPA must be sent to:

12.5 Updates. Droplana may update this DPA from time to time to reflect changes required by applicable law or operational changes (such as Subprocessor changes). Material changes will be notified at least 30 days in advance via email or in-product notice.

12.6 Entire agreement. This DPA, together with the Main Agreement, constitutes the entire agreement between the Parties regarding the Processing of Personal Data.

12.7 Acceptance. This DPA is accepted by the Customer when the Customer accepts the Main Agreement, by continuing to use the Services after this DPA is made available, or by signing a counterpart provided on request. Either Party may request a counter-signed copy by emailing dpa@droplana.com.


ANNEX 1 — Description of Processing

A. Subject matter and purpose

The subject matter of the Processing is the provision of the Droplana client portal service: a tool that allows the Customer (a freelancer, agency, consultant, or small firm) to share files and exchange messages with the Customer's own clients and projects.

The purpose of the Processing is to enable the Customer to:

B. Duration of Processing

For the duration of the Customer's account on the Services, plus any retention required to meet the Parties' legal obligations or as set out in Section 3.7 of the DPA. The Customer can hard-delete the account and all associated data at any time via the Account → Delete account feature.

C. Nature of the Processing

D. Categories of Data Subjects

The Personal Data processed under the Services may relate to:

E. Categories of Personal Data

The following categories of Personal Data may be Processed:

About the Customer's representatives:

About the Customer's clients (portal users):

About anyone whose data the Customer chooses to upload:

The Services are general-purpose. Droplana does not require or solicit any specific category of Personal Data and does not access the contents of files or messages except as necessary to operate or secure the Services.

F. Special categories of Personal Data

The Customer is responsible for ensuring that any uploading of special categories of Personal Data (Article 9 GDPR) or data relating to criminal convictions and offences (Article 10 GDPR) is appropriate for the Customer's use case. Droplana is not certified for, and is not appropriate for, the processing of protected health information regulated under HIPAA, or for any other use case that requires specific regulatory certifications that Droplana does not hold.


ANNEX 2 — Subprocessors

The following Subprocessors are engaged to provide infrastructure and supporting services. The current list is also published at https://droplana.com/dpa#subprocessors.

Subprocessor Service provided Location of processing Data Processed
Hetzner Online GmbH Application server hosting, PostgreSQL database hosting, and S3-compatible object storage EU (Germany) All Customer data (database records, files, server logs)
Sendinblue SAS (Brevo) Transactional email delivery EU (France) Email addresses of recipients, subject and body of authentication and notification emails
Paddle.com Market Limited Payment processing, invoicing, and tax compliance (Merchant of Record) UK and EU Customer billing details, transaction records, tax-relevant identifiers
Internet Security Research Group (Let's Encrypt) TLS certificate issuance via Caddy Globally distributed Domain names only; no Personal Data

Droplana will update this list when adding, replacing, or removing a Subprocessor, in accordance with Section 5 of the DPA.


ANNEX 3 — Technical and Organizational Measures

This Annex describes the technical and organizational measures implemented by Droplana to ensure an appropriate level of security for the Personal Data Processed under the Services, in accordance with Article 32 GDPR.

1. Pseudonymization and encryption of Personal Data

2. Confidentiality, integrity, availability, and resilience of processing systems

3. Availability and resilience

4. Restoration of availability and access to Personal Data

5. Process for regularly testing, assessing, and evaluating the effectiveness of measures

6. User account access controls and personnel measures

7. Subprocessor oversight

8. Data minimization

9. Data retention and deletion

10. Security incident management


Contact

For questions about this DPA or to request a counter-signed copy, contact dpa@droplana.com.