Data processing agreement

This agreement forms part of the terms where a business customer uses Klarbon to process personal data in documents on its behalf. The customer is the controller, or a processor authorised by its controller to appoint Erys AI Ltd as a sub-processor. Erys AI Ltd is the processor. In this agreement, references to the controller include that authorised customer to the extent applicable.

Account administration, payments and service security carried out for Erys AI Ltd's own purposes are outside these instructions and are described in the privacy notice. This agreement takes priority over conflicting general terms for instructed personal-data processing, without reducing mandatory rights.

Subject matter and instructions

The controller warrants that its instructions are lawful, it has authority to submit the documents, and it has provided the information and legal basis required for the processing. The service request, the published supported options and this agreement are the documented instructions. Further instructions must be agreed in writing through privacy@klarbon.app before the affected processing.

Erys AI Ltd processes personal data only on documented instructions, including instructions about transfers, unless applicable law requires otherwise. In that case we inform the controller of the legal requirement before processing, unless the law prohibits that information on important public-interest grounds. We immediately inform the controller if, in our opinion, an instruction infringes applicable data-protection law and suspend the affected instruction while the issue is resolved.

Confidentiality and security

We ensure that people authorised to process personal data are bound by confidentiality or an appropriate statutory duty. Access is limited to what the task requires. We apply measures appropriate to the risk under Article 32, including encryption in transit, restricted production access, separation of secrets from source code, security updates, file-size and parsing limits, and hashed sign-in credentials and API keys.

Document processing is request-scoped. Application logs and analytics exclude document contents and filenames. Engine scratch storage is memory-backed. Our application does not keep an uploaded document, extracted text or a resulting document after the request. Encrypted checkout results can remain in the customer's tab, and email delivery and recipient mailboxes are separate, as explained in file handling. The controller decides whether email-in is appropriate for its data.

Engine compute is constrained to the EU in the service configuration. This is not a guarantee that all network handling, Worker execution, email or support access takes place in the EU. The account database has EU jurisdiction. We do not instruct a sub-processor to train on submitted documents. PDF extraction is currently disabled; it is not authorised by this agreement merely because it is described as a possible processing category.

Sub-processors and the named annex

Before using this agreement, obtain its dated named-company annex from privacy@klarbon.app. The annex identifies each actual contracting company, service, data scope, processing and access locations, retention, transfer safeguards and the applicable contract. It identifies a processing company, never an inference model. The annex is supplied privately because it is contractual due-diligence information, not public product copy. Requesting it does not require sending a customer document.

The controller gives general written authorisation for the sub-processors identified in the annex supplied to it. We impose equivalent data-protection obligations on each sub-processor and remain responsible for its performance as Article 28 requires. No unlisted processor is authorised by a generic provider category on the privacy page.

We give at least 30 calendar days' prior notice of an intended addition or replacement by email to the account address, with a dated change entry in the annex supplied through the same privacy-mailbox route. Keep that address current. The controller may object on reasonable data-protection grounds during that period. We work with the controller to address the concern or offer an alternative before the change. If we cannot accommodate a justified objection, the controller may terminate the affected service and receive a pro rata refund of prepaid unused fees. We do not implement the disputed change for that controller before this process is completed, except where mandatory law requires otherwise.

International transfers

A location preference for request handling is not a transfer safeguard. Where a restricted transfer is required for the instructed service, we use an applicable adequacy decision or appropriate safeguards, including the relevant standard contractual clauses and the UK addendum where required. The annex identifies the applicable mechanism, recipients and access locations. Contact privacy@klarbon.app for the applicable terms and information needed to assess a transfer. We do not treat this public agreement as a substitute for completing the required transfer documentation.

Assistance and incidents

Taking account of the nature of processing and information available to us, we assist the controller with data-subject requests and its obligations under Articles 32 to 36, including security, breach assessment, impact assessments and prior consultation. We promptly forward requests relating to instructed data and do not independently answer them except on the controller's instructions or where the law requires it.

We notify the controller without undue delay after becoming aware of a personal-data breach affecting its instructed data. We provide the information available about the nature, affected data and people, likely consequences, measures taken and contact route, and provide further information as it becomes available. We assist the controller with its regulatory and individual notifications; we do not wait for an operational digest. Each party remains responsible for its own legal notification duties.

Return, deletion and audits

The service returns the result during the request and discards document data from application memory afterwards. At the controller's choice we return or delete personal data at the end of the processing service and delete existing copies unless applicable law requires storage. Since Klarbon does not keep an application document archive, a later request cannot recover an earlier upload. We identify any legally required retained data, its basis and restrictions to the controller. Independent billing records are governed by the privacy notice, not by an instruction to archive documents.

We make available the information necessary to demonstrate compliance with Article 28 and allow and contribute to audits and inspections by the controller or its mandated independent auditor. Contact privacy@klarbon.app to arrange a proportionate review, with reasonable notice and confidentiality protecting other customers and security. These arrangements cannot prevent an audit required by law, a competent authority or a credible incident. The parties agree practical access and assistance rather than exposing other customers' data.

Contact and term

Erys AI Ltd, company number 15781123, Suite 12, Rivers Lodge, West Common, Harpenden, England, AL5 2JD. Privacy contact: privacy@klarbon.app. EU representative: to be confirmed.

This agreement remains in force while Erys AI Ltd processes instructed personal data for the customer. Confidentiality, assistance concerning earlier processing and any legally required restrictions survive termination. A change to this public version does not silently replace a version already incorporated into the customer's contract or bypass the sub-processor notice procedure.