Data processing agreement

1. Parties

Customer and controller: [name or legal entity, tax ID, address, representative and authority, privacy contact].

Processor: Producciones Multimedia Anfibic, S.L., tax ID B62938360, Carrer de Dalt, 36, Sant Pere Sacarrera, 08773 Mediona, Barcelona, Spain. Contact: support@mopux.com. Representative: Daniel Casasnovas Barber — Administrador de Anfibic.

Installation: [domain and ID]. Owner: [account]. Initial breach contact: owner's email address. Alternative contact: [if designated].

This agreement covers data Anfibic processes on the customer's behalf. If the customer acts as processor for a third party, the relationship must be adapted and its authorisation verified. Account ownership alone does not establish authority to represent a company.

The public demo uses shared accounts and fictional content; it is not a customer installation, and merely using it does not conclude this processing agreement. Personal or confidential data must not be entered. Technical access and security data for the demo are described in the privacy policy. This distinction does not exclude applicable obligations if personal data is entered improperly.

2. Subject matter, data and duration

Provision of the Mopux service under the contracted plan or the free configuration retained by an existing installation: hosting, organisation, consultation, modification, authorised-user access, notifications, export, support, maintenance, backups and deletion.

Data subjects may include users, employees, collaborators, contacts and people mentioned in projects. Data include identifiers, names, emails, profiles, assignments, comments, dates, files and technical information. Annex I will specify actual categories and any processing requiring additional safeguards; suitability for all types of sensitive data is not presumed.

This agreement applies from documented acceptance while processing-engagement data are handled, including deletion. Acceptance of this agreement does not contract a paid plan or authorise charges; those require a separate commercial selection and acceptance.

New installations have a 15-day trial without a payment card or automatic charge. Without a subscription, operations are blocked at expiry and data is retained for 15 additional days to allow subscribing and restoring access; it is then deleted from the active environment. Earlier backups follow the retention cycle described in this document. Existing beta installations keep their configuration free of charge until their owner expressly chooses a paid plan.

3. Instructions

The customer determines purposes, informs data subjects and has the relevant legal grounds. It manages permissions and limits data to what is necessary.

Anfibic will follow documented instructions in this agreement, authorised operations and verified support requests, including international transfers. It will not use content for advertising or purposes outside the engagement. It will immediately warn of instructions it considers unlawful. If law requires other processing, it will inform the customer beforehand unless legally prohibited.

Anfibic will not reuse customer installation content to train artificial intelligence models or for its own commercial analysis. Use is limited to providing, maintaining and supporting the service under the engagement.

4. Confidentiality, access and measures

Only authorised persons bound by confidentiality may access data, within their duties. There is currently one operator; any additional person must be covered before receiving access.

Human consultation of content for support requires the owner's prior permission. Authorisation, date and a brief description of the intervention will remain in the same email exchange, without copying customer content. A Mopux task may be used for minimal follow-up.

Annex II's technical and organisational measures will be maintained and adapted to risk, addressing access controls, installation separation, communication protection, recovery and assessment of effectiveness.

Ordinary enquiry emails and tasks are deleted 12 months after closure. Access authorisations, incidents and claims are handled separately: necessary information is retained while handling the case; after closure, only evidence needed to demonstrate actions, meet obligations or address liabilities remains. The criterion and expiry applicable to each case will be documented, considering open proceedings and interruptions of limitation periods, with restricted access. Monthly manual review does not extend retention periods.

5. Rights, breaches and cooperation

Anfibic will forward requests concerning engagement data to the customer and assist in handling them. It will not independently decide responses unless authorised or legally required.

It will notify the customer of breaches without undue delay after becoming aware, including outside working days, at the owner's email address. Available information will be communicated without waiting for resolution: nature, known extent, consequences, measures and contact. Information will be supplemented progressively. The 72-hour period is not used as a grace period for notifying the customer.

Anfibic will assist with security, impact assessments and prior consultations according to the processing and information available. It will provide evidence and allow audits and inspections by the customer or its auditor, protecting other installations' data.

6. Subprocessors and transfers

By accepting this agreement, the customer grants general written authorisation for Annex III's subprocessors. Anfibic will notify additions or replacements at least 15 calendar days in advance, explaining roles and data processed and allowing reasoned objections before access. A solution will be sought; if none is feasible, termination of the affected service and return or deletion will be agreed before the change.

Anfibic will impose equivalent obligations and remain liable to the customer for its subprocessors' performance. This authorisation takes effect upon the customer's acceptance.

Transfers outside the EEA must have mechanisms and measures applicable to the circumstances. Hosting in Frankfurt does not mean all processing is European.

7. ChatGPT

The optional connection uses OAuth and user permissions. It may communicate results and make real changes. Revoking credentials does not erase conversations or undo actions.

The customer must determine whether its chosen ChatGPT account or workspace is appropriate for the data it authorises to be shared. Its relationship with OpenAI depends on the product and applicable contract; for business services, the DPA governs data processed on the customer's behalf.

Under the app developer terms, Anfibic and OpenAI have separate relationships with their users or customers. Operating this integration does not itself make OpenAI Anfibic's subprocessor. This distinction does not remove Anfibic's obligations regarding communications from Mopux.

8. Termination

The customer chooses return or deletion of data upon termination, with copies deleted unless legally required. If return is chosen and ordinary export does not include all personal data covered by the engagement, Anfibic will coordinate secure delivery with the customer before agreed deletion. Ordinary downloads by the customer do not limit this obligation.

Ordinarily, the customer exports and downloads files it wishes to retain before confirming cancellation. Project exports contain structured data and attachment references, not the files themselves, which must be downloaded separately.

Cancellation requires verification of the owner's identity and authority and is carried out within one to two working days of confirmation. Instructions from an accredited representative must be accommodated if account ownership changes.

Activity history is retained throughout the installation's life and deleted with its database upon cancellation. Diagnostic-file rotation periods do not apply to it.

Active installation data, including Spaces attachments, are deleted. According to Anfibic, the bucket has no versioning or additional backups. Earlier weekly server backups expire within four weeks; during that period use is limited to recovery and security, reapplying cancellations before reopening the service. Individual restoration is not guaranteed.

Anfibic will maintain a minimal register of installation ID and cancellation date in a private Google Sheets spreadsheet in its Mopux Workspace, separate from the application server and accessible to the authorised operator. Before reopening after restoring an earlier backup, it will consult this register and reapply relevant cancellations. Each entry remains while any copy could recover the deleted installation. Before removal, absence of such copies, including manual snapshots, will be checked; the current four-week cycle does not replace that check.

9. Acceptance

Effective date, version, representatives and acceptance evidence: [complete for each customer]. Acceptance will be expressly recorded within Mopux by the owner or a representative authorised to bind the customer, identifying this agreement and its version. The accepted text and record of user, version and date will be retained, linked to the installation. Silence or previous use is not presented as acceptance of this draft.

Annex I. Processing details

[Complete for each customer: installation, parties and authority, contacts, data and data-subject categories, purposes, instructions and persons authorised to request return or cancellation.]

Annex II. Service measures

These measures are neither certification nor a guarantee of uninterrupted availability. Individual restoration of installations or attachments without backups is not offered. Anfibic will review the measures' appropriateness to processing risks.

Annex III. Providers

Their role as subprocessors is limited to operations performed on the customer's behalf. Data concerning Anfibic's own contractual relationship are described in the privacy policy.

Provider-reported retention is described in the privacy policy. An active record's retention period is not interpreted as a guarantee of simultaneous deletion of all its copies or account data.