Verwerkersovereenkomst

1. Scope

This Data Processing Agreement (the DPA) forms part of the SaaS Terms between EfficientEther Ltd (the Processor) and the customer (the Controller) and applies whenever EfficientEther processes personal data on behalf of the customer in connection with the EfficientEther platform.

Where a signed DPA executed between the parties exists, that document takes precedence over this online version.

2. Definitions

Terms including Personal Data, Processing, Data Subject, Controller, Processor, and Sub-Processor carry the meaning given in UK GDPR and EU GDPR. Applicable Data Protection Laws means UK GDPR, the UK Data Protection Act 2018, and, where the customer is subject to it, EU GDPR.

3. Processing Details

4. Customer Instructions

EfficientEther processes personal data only on documented instructions from the customer, including the instructions set out in the subscription agreement and any subsequent written instructions. EfficientEther will notify the customer if, in its opinion, an instruction conflicts with applicable data protection law.

5. Confidentiality and Personnel

Personnel authorised to process personal data are bound by written confidentiality obligations or are under appropriate statutory duties of confidentiality, and are trained on their data protection responsibilities.

6. Security Measures

EfficientEther implements and maintains appropriate technical and organisational measures consistent with ISO/IEC 27001 and ISO/IEC 42001 certifications and Cyber Essentials accreditation, including:

• Role-based access control with least-privilege defaults and regular access review.
• Encryption of personal data in transit and at rest.
• Network segmentation, vulnerability management, and dependency patching.
• Centralised logging, alerting, and documented incident response.
• Backup coverage with defined recovery time and recovery point objectives.
• Annual penetration testing and continuous internal audit.

7. Partner Tiers and Data Visibility

The EfficientEther platform supports a tiered partner model so customers who buy via a reseller or distributor benefit from the same data protection chain as customers who contract with EfficientEther directly.

Role-based access controls enforce these boundaries in the partner portal and access changes are logged. Where a customer contracts through a reseller, EfficientEther's data protection obligations flow down through back-to-back partner terms. Notifications required under this DPA (including sub-processor changes and personal data breaches) are made to the party EfficientEther contracts with, who is responsible for onward notification under its own agreement with the end customer.

8. Sub-processors

The customer provides general written authorisation for EfficientEther to engage sub-processors to deliver the service, subject to the safeguards in this DPA. The current list is published at legal.efficientether.co.uk/sub-processors.html and mirrored at efficientether.co.uk/sub-processors.

EfficientEther notifies customers of intended additions or replacements of sub-processors at least 30 days in advance, unless a shorter period is required to address a risk to personal data. The customer may object to a material change by giving written notice within the notice period; if the parties cannot resolve the objection, the customer may terminate the affected service.

Each sub-processor is bound by written terms that impose data protection obligations no less protective than those in this DPA.

9. International Transfers

Where personal data is transferred outside the UK or EEA, EfficientEther relies on an appropriate transfer mechanism under UK GDPR and EU GDPR, including the UK International Data Transfer Addendum, the EU Standard Contractual Clauses, or an adequacy decision (including the UK Extension to the EU-US Data Privacy Framework, where applicable).

10. Data Subject Rights

EfficientEther provides reasonable assistance to the customer, taking into account the nature of the processing, to respond to data subject requests for access, rectification, erasure, restriction, objection, and portability. Where the customer cannot action a request through self-service tooling, EfficientEther supports on request.

11. Breach Notification

EfficientEther notifies the customer without undue delay, and in any event within 72 hours, of becoming aware of a personal data breach affecting customer personal data, including sufficient information to allow the customer to meet its own notification obligations.

12. Audits

EfficientEther makes available to the customer all information reasonably necessary to demonstrate compliance with this DPA, including ISO 27001, ISO 42001, and Cyber Essentials certificates and audit summaries. Customers with a reasonable requirement beyond the standard evidence pack may request a scoped audit by written arrangement, subject to confidentiality and reasonable cost recovery.

13. Return and Deletion

At the customer's choice, and on termination of the service, EfficientEther returns or deletes customer personal data, except where retention is required by law, for legitimate service-continuity purposes, or for dispute resolution, in which case the data remains subject to the confidentiality and security obligations in this DPA.

14. Liability and Precedence

Liability under this DPA is subject to the limitations and exclusions set out in the subscription agreement. In the event of conflict, this DPA prevails over the subscription agreement solely in respect of data protection matters.

15. Contact

Customers requiring a signed counterpart, a jurisdiction-specific addendum, or additional security documentation should email privacy@efficientether.co.uk or open a security enquiry via efficientether.co.uk/contact.

Data controller: EfficientEther Ltd (Company Number 14951957, VAT GB455180788), registered in England and Wales. Registered office: 86-90 Paul Street, London, England, EC2A 4NE.