Data processing agreement

For Shotbolt Team. The organization that buys Team accepts it with the purchase. Email support@shotbolt.app for a PDF with Annex I filled in.

Part A: How this agreement works

Parties. This agreement is between the organization that buys Shotbolt Team (the customer, controller) and Shotbolt by Breukr (Breukr, processor). Annex I lists both.
Acceptance. The customer accepts this agreement by buying Team, which includes accepting the Team terms. That electronic acceptance counts as signing Annex I. On request, Breukr sends a PDF of this agreement with Annex I completed.
What it consists of. Part B (the Commission's standard contractual clauses, the Clauses) with Annexes I to IV, plus the additional clauses in Part C. The Clauses prevail over anything else, including Part C and the Team terms (Clause 4).
Options chosen in the Clauses. Clause 1(a): Option 1 (Regulation (EU) 2016/679, the GDPR). Clause 7.7(a): Option 2 (general written authorization), with 30 days' notice. Clause 8(c)(4) and Clause 9: the GDPR options. Clause 5 (docking clause) is included.

Part B: Standard contractual clauses (Commission Implementing Decision (EU) 2021/915, Annex)

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 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.

(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.

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 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.

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 (optional)

(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 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 / Regulation (EU) 2018/1725 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 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.

7.7. Use of sub-processors

(a) GENERAL WRITTEN AUTHORISATION: 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 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.

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 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.

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 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.

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 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.

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 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.

Part C: Additional clauses

These clauses add detail allowed by Clause 2(b). None of them limits the Clauses.

Documented instructions. The Team terms, this agreement and the customer's use of the product (what members share, delete and set as team policy, and what admins change) are the customer's documented instructions under Clause 7.1. Further instructions can be sent to support@shotbolt.app.
Breukr's own processing. Breukr is a separate controller, not the customer's processor, for: account, session and plan data of members and admins; billing data received from Polar; security and abuse logs, including the upload log; handling notices and orders about illegal content under Regulation (EU) 2022/2065 and Regulation (EU) 2021/784 and the Dutch act on child sexual abuse material online, including statements of reasons, strikes and copies kept for the law; and fingerprints of files removed as illegal. The privacy policy at shotbolt.app/privacy describes this processing.
Legal requirements. Removal orders, preservation duties and reports to authorities are requirements of Union or Member State law in the sense of Clause 7.1(a). Breukr informs the customer of them unless the law or the authority forbids it.
Personal data breaches. Breukr notifies the customer under Clause 9.2 without undue delay and at the latest 48 hours after Breukr becomes aware of the breach, by email to the admin.
Audits. Breukr first answers audit requests with documents: this agreement, Annex III, the sub-processor list, and written answers to a reasonable security questionnaire. If the customer still needs an audit or inspection under Clause 7.6, it gives at least 30 days' notice, and the auditor is bound to confidentiality. Each party bears its own costs, unless the audit shows that Breukr does not comply.
Sub-processor changes. Breukr gives notice under Clause 7.7(a) by email to the admin and on shotbolt.app/dpa. If the customer objects on reasonable data protection grounds and the parties cannot resolve the objection, the customer may end Team and gets back what it paid for the time after the end.
Transfers. Where a sub-processor processes personal data outside the European Economic Area, Breukr relies on the European Commission's standard contractual clauses for international transfers (Implementing Decision (EU) 2021/914, Module 3, processor to processor) in its agreement with that sub-processor, as Clause 7.8(b) allows, and on the EU-US Data Privacy Framework where the sub-processor is certified. Shared files and the database are stored in the EU.
Return and deletion. Clause 10(d) applies when Team ends, with these practical rules. Return: members can download the original of every team share from its page or from the app at any time, including during the 60-day grace period after Team ends; on request, Breukr sends download links for all team shares within 14 days. Deletion: after the grace period, Breukr deletes the team's shares, except copies the law requires Breukr to keep. Deleted database records remain in the database provider's automatic restore history for up to 30 days before they are gone.
Liability. Between the parties, the limitation of liability in the Team terms applies to this agreement. It does not limit either party's liability toward data subjects under Article 82 GDPR, or any liability that the law does not allow to be limited.
Law and court. Dutch law applies to this agreement. Disputes go to the competent court in the district where Breukr is established.
Changes. Breukr may update Part C and the Annexes to reflect changes in law or in the service, with at least 30 days' notice by email to the admin. A change that lowers the protection of personal data needs the customer's agreement.

Annex I: List of parties

Controller

Name: the organization named as the customer in the Polar order for Shotbolt Team.
Address: as given in that order.
Contact person's name, position and contact details: the Polar billing manager for the Team subscription, at the email address in that order.
Signature and accession date: electronic acceptance on the date of the Team purchase.

Processor

Name: Shotbolt by Breukr.
Address: the Netherlands; for all notices under this agreement, support@shotbolt.app.
Contact person's name, position and contact details: the owner of Breukr, support@shotbolt.app.
Signature and accession date: on the date the customer accepts this agreement.

Neither party has appointed a data protection officer, unless the customer names one in its order.

Annex II: Description of the processing

Categories of data subjects whose personal data is processed: the customer's members (the people with seats); people who appear in captures members share (for example colleagues, customers, contacts); people who wrote or appear in messages, documents and screens shown in captures.

Categories of personal data processed: whatever the captures show, typically names, email addresses, usernames, messages, faces, documents and other information on screen; the text Shotbolt read from each uploaded capture; titles, alt text and captions; members' display names in the team library.

Sensitive data processed (if applicable) and applied restrictions or safeguards: not intended. Captures may show sensitive data by accident. Safeguards: the customer can require redaction before upload, a maximum link life, passwords on public links, or no public links at all; nobody at Breukr views content; access to files needs the link or team membership; files are encrypted at rest.

Nature of the processing: storing captures that members upload; delivering them to people who have the link, or to team members in the app; search over titles and recognized text for team members; deleting them at their end date or on request; comparing file fingerprints with a list of files removed as illegal.

Purpose(s) for which the personal data is processed on behalf of the controller: providing Shotbolt Team to the customer: share links and the team library.

Duration of the processing: for the term of the Team subscription and the 60-day grace period after it; each share until its end date or until it is deleted.

Processing by sub-processors: see Annex IV.

Annex III: Technical and organizational measures

Pseudonymization and encryption. Files and their metadata are encrypted at rest in storage (AES-256). All traffic uses TLS. Session tokens are stored only as keyed hashes; link passwords only as slow hashes (Argon2id or PBKDF2); reporters' IP addresses only as keyed hashes.

Confidentiality, integrity, availability and resilience. Storage and database run on Cloudflare in the EU jurisdiction. Uploads are checked for size and SHA-256 checksum before a share becomes ready. Rate limits per session and per IP address, per-link delivery limits, a spending guard, a read-only switch and an emergency switch that takes all links offline.

Restoring availability after an incident. The database provider keeps an automatic restore history of up to 30 days. Members keep the original of every capture on their own Mac.

Testing and evaluating the measures. Automated tests for every API route, including access control, run before every release. Staging and production are separate services, storage buckets and databases; tests never upload to production. Breukr reviews these measures at least once a year and after every incident.

User identification and authorization. No passwords: members sign in with their seat's license key or a 6-digit email code (valid 10 minutes, limited tries and rate limits). Sessions end after 90 days without use and when a seat is removed. Only admins can change team policies or delete other members' shares, and every admin action is logged. Team-only shares have no public page or file URL. File URLs for password, team-only and listed shares are signed and expire after 1 hour. The moderation tool sits behind Cloudflare Access (one-time codes for named people) and never displays content, titles or text.

Protection during transmission. TLS on every connection; raw files are served from a separate domain from the link pages and the website, with exact content types, nosniff, a strict Content Security Policy and no-referrer. Only image, GIF and video file types are accepted.

Protection during storage. Encryption at rest; links use 10 random characters and are unlisted and marked noindex; content kept for legal reasons sits under a storage prefix that no link or file route can reach.

Physical security. Provided by Cloudflare's data centers. Breukr runs no servers of its own.

Event logging. Uploads (link id, account, IP address, kept 90 days), admin actions and moderation decisions (with who decided) are logged.

System configuration. Default link life is 30 days; links are unlisted; no cookies on link pages; uploads only from a license key or a confirmed email address.

IT governance. Breukr is a one-person company. Only Breukr's owner has access to production systems, through accounts protected with two-factor authentication. There is no second person with access to customer data.

Certification and assurance. Breukr holds no certification. Cloudflare's certifications cover the infrastructure.

Data minimization. Nothing is uploaded until a member shares. The app removes file metadata before upload and runs redaction on the Mac before upload when the user or the team policy asks for it; if redaction fails, nothing is uploaded. Link views are counted as a number; viewers' IP addresses are not stored. No analytics in the app.

Data quality. Members can replace a capture behind the same link and change titles at any time.

Limited retention. Default link life of 30 days; a daily job deletes expired shares; the retention periods in the privacy policy apply.

Accountability. This agreement, the privacy policy and an internal runbook for orders and incidents.

Data portability and erasure. Members download originals from each link page or the app; "Delete everywhere" removes all files and versions of a share at once and purges caches.

Assistance to the controller. Admins can find and delete any team share in the app. For other requests, the customer emails support@shotbolt.app; Breukr answers within 14 days.

Annex IV: List of sub-processors

The controller has authorized the use of the following sub-processors:

Name: Cloudflare, Inc.
Address: 101 Townsend Street, San Francisco, CA 94107, United States.
Contact: through Cloudflare's DPA and privacy contact.
Description of the processing: runs the Shotbolt Link service (Workers), stores files (R2) and the database (D1) in the EU jurisdiction, delivers link pages and files through its global network with temporary caches, and protects forms (Turnstile) and the moderation tool (Access). Transfers outside the EEA: EU-US Data Privacy Framework and standard contractual clauses (2021/914, Module 3) in Cloudflare's DPA.
Name: Plus Five Five, Inc. (Resend).
Address: 2261 Market Street #5039, San Francisco, CA 94114, United States.
Description of the processing: sends email to members and admins (sign-in codes, plan and link notices). Emails do not contain shared content. Transfers: EU-US Data Privacy Framework and standard contractual clauses (2021/914, Module 3) in Resend's DPA.
Name: Polar Software, Inc.
Address: 3500 South DuPont Highway, Dover, DE 19901, United States.
Description of the processing: issues and checks the seat license keys and tells Breukr which seats exist and who holds them. Polar processes payment data as an independent controller and merchant of record. Transfers: standard contractual clauses, per Polar's privacy policy.