YumiLegal
Data Processing Agreement (DPA)
This agreement forms part of the Yumi Terms of Service. It governs the processing of personal data that digitalCode Sagl (the “Processor”) carries out on behalf of the Customer (the “Controller”), under Art. 9 of the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 28 GDPR. For data protection matters it prevails over the Terms of Service.
1. Subject matter and duration
- The Processor processes personal data only to provide Yumi to the Controller: storing and indexing the Sources, generating the assistants’ answers, storing conversations and displaying them in the dashboard.
- This agreement lasts as long as the Yumi contract and, thereafter, for as long as the Processor processes the Controller’s data.
2. Data and data subjects
| Data subjects | Visitors who write to the Controller’s assistants; Members of the Organization; people mentioned in the Sources |
| Data | Messages and conversations; content of the Sources (web pages and documents); Members’ names and email addresses; temporary technical Visitor identifiers |
| Special categories | None anticipated. The Controller does not include them in the Sources unless this is essential and lawful |
| Nature of processing | Storage, indexing, search, processing with artificial intelligence models, display, deletion |
3. Controller’s instructions
- The Processor processes the data only on the Controller’s documented instructions. The Terms of Service, this agreement and the settings the Controller chooses in Yumi, for example the retention period for conversations, constitute instructions.
- If the Processor considers that an instruction infringes data protection law, it informs the Controller.
- The Processor does not use the Controller’s data for its own purposes, nor to train artificial intelligence models.
4. Confidentiality
The Processor authorizes only those persons who need it, and who are bound by confidentiality, to process the data.
5. Security
The Processor implements technical and organizational measures appropriate to the risk, including:
- encrypted connections (HTTPS/TLS) and an encrypted private network between the processing servers;
- logical separation of each Organization’s data and role-based access controls;
- passwords stored as hashes, protected sessions, two-factor authentication available for all accounts and strongly recommended, including for the Processor’s administrative access;
- request rate limiting and blocking of repeated login attempts;
- least privilege for internal services and a log of relevant operations;
- encrypted daily backups and tested restore procedures;
- regular security updates.
The Processor may update these measures, provided that the level of protection does not decrease.
6. Sub-processors
- The Controller grants general authorization for the use of sub-processors. The current ones are:
| Sub-processor | Activity | Location |
|---|---|---|
| Data center provider | Hosting of Yumi’s servers and backups | Germany |
| Artificial intelligence model provider | Generating answers with an artificial intelligence model, without storing the content | United States; for additional capacity Europe and Singapore |
Indexing, search and reading of images in documents take place on the Processor’s servers in Switzerland. The Controller may request the list of sub-processors by name from info@digitalcode.ch and receives it subject to confidentiality. 2. The Processor imposes on sub-processors data protection obligations equivalent to this agreement and is responsible for their performance. 3. The Processor announces new sub-processors at least 30 days in advance, by email or in the dashboard. The Controller may object on data protection grounds; if the parties cannot find a solution, the Controller may cancel with effect from the date of the change.
7. Transfers abroad
If data is processed in countries without adequate protection, the Processor ensures appropriate safeguards, in particular the standard contractual clauses recognized by the Federal Data Protection and Information Commissioner (FDPIC) and the European Commission.
8. Assistance to the Controller
- The Processor helps the Controller respond to data subjects’ requests. Yumi allows the Controller to view and delete conversations and Sources from the dashboard; for other requests the Controller writes to info@digitalcode.ch.
- If a data subject contacts the Processor directly, the Processor refers them to the Controller.
- Within the limits of the information available to it, the Processor provides reasonable support for impact assessments and consultations with authorities.
9. Data breaches
The Processor informs the Controller without undue delay after becoming aware of it, of any security breach affecting the Controller’s data. It provides the information available and takes measures to limit the consequences.
10. Deletion at the end of the contract
- Before termination, the Controller can download uploaded documents and view conversations from the dashboard.
- Within 90 days of the end of the contract, the Processor deletes the Controller’s data; from backups within a further 90 days. Only data that the law requires to be retained is kept.
11. Audits
The Processor makes available to the Controller the documentation necessary to demonstrate compliance with this agreement, such as the description of the security measures. Only if this documentation is not sufficient, or if a supervisory authority requires it, may the Controller have an audit carried out by an auditor bound by confidentiality, no more than once a year and with 30 days’ notice. The costs of the audit, including the time spent by the Processor, are borne by the Controller. The audit must not compromise the security or the data of other customers.
12. Liability
The parties’ liability is governed by the Terms of Service, subject to mandatory law.