Data Processing Agreement
between the customer (controller) and Aithentica GmbH (processor)
Effective: 10 November 2026 · Version: 2026-11-10-v1
Notice: This English version is provided for convenience. The German version controls.
§ 1 Basis
(1) The parties agree to the standard contractual clauses of the European Commission under Art. 28(7) GDPR (Annex to Implementing Decision (EU) 2021/915 of 4 June 2021, OJ L 199, 7.6.2021, p. 18) without modification. Their wording is reproduced as an appendix. This cover sheet and Annexes I to IV supplement the Clauses.
(2) Option 1 applies in each of Clauses 1(a), 8(c)(4), 9.1 and 9.2 (Regulation (EU) 2016/679). Clause 5 (docking clause) is not agreed. In Clause 7.7(a), Option 2 (general written authorisation) applies; the period is 14 days.
§ 2 Parties and conclusion
(1) The controller is the customer who owns the workspace. Its details in Annex I follow from the customer account. The processor is Aithentica GmbH.
(2) The agreement is concluded upon acceptance of the Terms of Service and applies for the duration of the agreement on Weekloop. Acceptance replaces the signature in Annex I. On request, the customer receives a copy for signature.
(3) The agreement applies only to personal data that Aithentica processes on behalf of the customer (Annex II). The Privacy Notice applies to data that Aithentica processes as a controller, such as account, billing and usage data.
§ 3 Instructions
(1) The customer's instructions are the agreement, the settings of the workspace and every action that authorised users trigger in Weekloop or through an application connected by the customer, such as creating, editing, publishing, sending or deleting content.
(2) If the workspace is connected to an agency or head office, actions of its members within the rights the customer confirmed when connecting are deemed instructions of the customer.
(3) The customer issues further instructions in text form to [email protected]. Aithentica documents them.
§ 4 Sub-processors
(1) The sub-processors engaged at the time of conclusion are listed in Annex IV. The current list is available at weekloop.ai/dpa.
(2) Aithentica announces every intended addition or replacement at least 14 days in advance by email to the account owner and on this page.
(3) Within this period, the customer may object for an important data protection reason. If the parties do not find a solution, the customer may terminate the agreement with effect from the time of the change; Aithentica refunds fees paid in advance for the period thereafter pro rata.
(4) Where a sub-processor offers individual models of other providers, the list also names those providers to the extent customer content reaches them.
§ 5 Evidence and audits
(1) Aithentica demonstrates compliance with this agreement first through documentation: the description of measures in Annex III, answers to specific questions and existing evidence from the sub-processors.
(2) The customer announces on-site audits as a rule 30 days in advance. They take place during normal business hours and, without cause, no more than once per calendar year. These limits do not apply where there are indications of a breach.
(3) Auditors commit to confidentiality. Each party bears its own costs.
§ 6 Assistance and notifications
(1) Aithentica forwards requests from data subjects that concern the customer to the account owner without undue delay and does not answer them itself.
(2) Aithentica notifies the customer of a personal data breach without undue delay after becoming aware of it, by email to the account owner. Aithentica aims for a first notification within 48 hours and provides missing information subsequently.
§ 7 End of the agreement
(1) After the agreement ends, the customer can download its content for 30 days, to the extent Weekloop provides a function for this, or request the return of specific content in text form.
(2) Thereafter, Aithentica deletes the data processed on behalf of the customer within a further 30 days. In backups, the data is overwritten within 30 days after that. If the customer requests deletion earlier, Aithentica deletes after receiving the request.
(3) On request, Aithentica confirms the deletion in text form. Statutory retention duties remain unaffected.
(4) Content that the customer has published on its own channels or sent to recipients is outside Weekloop and is not covered by the deletion.
§ 8 Liability
Between the parties, the liability rules of the Terms of Service apply. Liability towards data subjects under Art. 82 GDPR remains unaffected.
§ 9 Customers who themselves act on behalf of others
(1) If the customer itself processes the data on behalf of third parties, for example as an agency for its clients, the Clauses apply accordingly; Aithentica is then a further processor.
(2) The customer warrants that its principals have agreed to the engagement of Aithentica and of the sub-processors in Annex IV, and passes announcements under § 4 on to them. Instructions are issued by the customer.
§ 10 Order of precedence
In the event of contradictions, the Clauses prevail over this cover sheet and the Terms of Service. The German version controls; the English version is provided for convenience.
Annex I – List of parties
Controller(s)
The customer. Name, address and contact person follow from the customer account and the billing details. Accession: upon acceptance of the Terms of Service.
Processor
Aithentica GmbH, Karl Kautsky Weg 24, 4040 Linz, Austria. Commercial register: FN 671334 g, Regional Court of Linz; VAT ID: ATU82967256.
Contact person: Mag. Stefan Dorfstetter, Managing Director. Contact for data protection: [email protected].
Accession: by making the agreement available at weekloop.ai/dpa.
Annex II – Description of the processing
Categories of data subjects
- owners, employees and other persons of the customer who are shown or named in content
- clients, guests, members and business partners of the customer who appear in photos or videos or are named in texts
- recipients of the customer's newsletters
- for agencies: contact persons and the persons named above at the agency's clients
Categories of personal data
- image, video and audio recordings, including voices in uploaded videos
- names, job titles, quotes and other details in texts, posts and stored business knowledge
- email address, first and last name of newsletter recipients, and sending, open and click data
- entries in the Spark chat to the extent they contain details about third parties
- names and identifiers of the connected channels
Sensitive data
Not intended. Under the Terms of Service, the customer must not submit special categories of personal data or content concerning minors to AI and media features. Weekloop does not recognise faces, does not clone voices and does not evaluate biometric features.
Nature of the processing
Storing, displaying and editing; transmitting to AI providers to generate and check texts, images, videos and voice recordings; transcribing; rendering and cutting; publishing on the channels connected by the customer; sending newsletters; displaying to connected agencies and head offices; deleting.
Purpose
Providing Weekloop under the agreement: planning, creating, approving, publishing and evaluating the customer's marketing content.
Duration
The term of the agreement, thereafter until deletion under § 7 of the cover sheet. For processing by sub-processors, the subject matter, nature and duration follow Annex IV.
Annex III – Technical and organisational measures
| Area | Measure |
|---|---|
| Encryption in transit | All connections to Weekloop and to the sub-processors are encrypted using TLS. |
| Encryption at rest | The database and file storage are stored in encrypted form by the hosting provider. |
| Separation of customers | Every record belongs to exactly one workspace. Every request is assigned to a workspace on the server; the assignment comes from the verified sign-in, not from information supplied by the browser. |
| Sign-in and authorisation | Sign-in through a specialised service with verified sessions. Roles in the workspace limit who may publish and administer. Access by agencies and head offices is limited to the confirmed rights. |
| Access by Aithentica | Only the management has access to production data, through personal accounts with the infrastructure providers. Development and operations tools it uses work with these accounts. |
| Access links | Links for approvals and reports contain random keys that are stored only as a checksum and can be revoked. |
| Stored files | Uploaded and generated files are kept at addresses that cannot be guessed. Anyone who knows the address of a file can retrieve it; no additional sign-in check takes place. |
| Protection against abuse | Rate limits per user and per IP address; checks of uploaded files for type and size; verified signatures on incoming notifications from providers. |
| Availability and recovery | Operation on the distributed infrastructure of the hosting provider without servers of our own. The database can be restored to an earlier point in time within the provider's recovery window, at most 30 days. Files in the file storage are not backed up separately. |
| Logging | Operational events, approvals and blocks, acceptances of contract versions, credit bookings and payment events are logged. |
| Data minimisation | Each AI provider receives only what the respective task needs; an image model, for example, only the image description and reference images, not the business context. |
| Storage limitation | Conversations in the Spark chat are deleted after 30 days at the latest, operational events after 30 days. Connected channels are disconnected 7 days after a trial period ends. Expired access authorisations are cleaned up daily. |
| Deletion and return | The customer can delete and download individual content itself. On request, an account is deleted completely following a defined procedure. |
| Physical security | Aithentica does not operate servers of its own. The measures of the sub-processors apply to the data centres. |
| Organisation | Employees and contractors with access are bound to confidentiality. Changes to the system are checked on a separate test environment before release; deployment to production only after express approval. |
| Certifications | Aithentica holds no certification of its own. The infrastructure providers evidence their security through their own certificates. |
| Measures of the sub-processors | Sub-processors are contractually bound to measures equivalent to this Annex and assist with data subject requests and notifications. |
Annex IV – List of sub-processors
List as of: 9 November 2026
| Sub-processor | Service | Customer data | Seat |
|---|---|---|---|
| Cloudflare, Inc. | Hosting, database, file storage, queues, delivery of pages | all content of the workspace | San Francisco, USA |
| Clerk, Inc. | Sign-in of the customer's users | name, email address and session data of users | San Francisco, USA |
| Google (Vertex AI und Gemini API) | Texts, images, videos, analysis, speech output | prompts, business context, selected images, videos and audio tracks, voice-over texts | Ireland and USA |
| OpenAI Ireland Ltd. | Images; transcription as a fallback | prompts, reference images, audio tracks | Ireland |
| Features & Labels, Inc. (fal.ai) Model providers that receive content:
|
Images, videos, speech output, music, video processing | prompts, reference images and videos, voice-over texts, audio tracks | USA |
| Modal Labs, Inc. | Rendering, cutting, effects, media analysis | media via time-limited addresses, render data | USA |
| Deepgram, Inc. | Transcription, checking of the voice-over track | audio tracks of uploaded videos, generated voice-over tracks | San Francisco, USA |
| ZERNIO SOFTWARE SL | Connecting channels, publishing, metrics | posts, media, channel identifiers | Palamós, Spain |
| Plus Five Five, Inc. (Resend) | Sending newsletters and system emails | email address and name of recipients, content, delivery data | San Francisco, USA |
Appendix – Standard contractual clauses of the European Commission
Unmodified wording of Sections I to III of the Annex to Commission Implementing Decision (EU) 2021/915 of 4 June 2021 (OJ L 199, 7.6.2021, p. 18), taken from EUR-Lex. § 1 of the cover sheet states which options apply; Annexes I to IV are set out above.
Standard contractual clauses
SECTION I
Clause 1 – Purpose and scope
(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with [choose relevant option: OPTION 1: 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)] / [OPTION 2: Article 29(3) and (4) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC].
(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.
(c) These Clauses apply to the processing of personal data as specified in Annex II.
(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 - Optional – Docking clause
(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.
Clause7 – 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) OPTION 1: PRIOR SPECIFIC AUTHORISATION: The processor shall not subcontract any of its processing operations performed on behalf of the controller in accordance with these Clauses to a sub-processor, without the controller’s prior specific written authorisation. The processor shall submit the request for specific authorisation at least [SPECIFY TIME PERIOD] prior to the engagement of the sub-processor in question, together with the information necessary to enable the controller to decide on the authorisation. The list of sub-processors authorised by the controller can be found in Annex IV. The Parties shall keep Annex IV up to date.
OPTION 2: 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 [SPECIFY TIME PERIOD] 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 [OPTION 1] Article 32 of Regulation (EU) 2016/679/ [OPTION 2] Articles 33 and 36 to 38 of Regulation (EU) 2018/1725.
(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 [OPTION 1] Article 33(3) of Regulation (EU) 2016/679/ [OPTION 2] Article 34(3) of Regulation (EU) 2018/1725, 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 [OPTION 1] Article 34 of Regulation (EU) 2016/679 / [OPTION 2] Article 35 of Regulation (EU) 2018/1725, 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.
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.
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 [OPTION 1] Articles 33 and 34 of Regulation (EU) 2016/679 / [OPTION 2] Articles 34 and 35 of Regulation (EU) 2018/1725.
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.