Agreement for data processing in accordance with Article 28 General Data Protection Regulation
(EU-GDPR) hereinafter referred to as the Contract
the subscriber of the Service noCRM.io hereinafter referred to as the Client
YOU DONT NEED A CRM (SAS), 3 avenue Antoine Pinay, 59510 Hem, France - the Processor -
hereinafter referred to as the Supplier –
Version 1.4 created April 28th 2022. See previous version
1. Subject matter and duration of the Order or Contract
(1) Subject matter
The Subject matter of the Order or Contract results from the Service Agreement, which is
referred to here https://www.nocrm.io/tos
(hereinafter referred to as Service Agreement).
You Don’t Need a CRM provides a Service to the Client that allows the Client to manage data on
prospects and customers and there interactions with Client's salespeople. The Service falls in the
global category of “Lead management software”.
The duration of this Contract corresponds to the duration of the Service Agreement and will
depend of the type of subscription the Client has chosen.
2. Specification of the Order or Contract Details
(1) Nature and Purpose of the intended Processing of Data
Before detailling the Subject Matter with regard to the Nature and Purpose of the services
provided by the Supplier it is important to differentiate between two kinds of data:
- The personal data of the Client’s users of the Service – hereinafter referred to as Users Data -
- and the data from the prospects and customers of the Client hereinafter referred to as Client’s
Sales Related Data.
Users Data are stored to ensure the deliverability, quality and security of the Service, it
includes personal data like name, email, phone, encrypted passwords. Those data are mandatory in order
to ensure the Service.
Part of the Service is also to measure performance of Client's sales people, as a consequence the
Service provide precise reports of the activity and performance of those sales people in terms of
numbers of calls, emails, meeting, lead created, won ...
We also store usage logs on our server and collect anonymous statistical. Usage logs are kept
for a limited amount of time while statistical data are kept on a very larger scale. Statistical data
are not personal but please be aware that we use Google Analytics at a Client level of precision and
if the Client has only one user we can clearly know that data refers only to that user. Statistical
data are kept in Google Analytics even after the end of the Contract. Please check also our privacy
policy on those subjects.
Client’s Sales Related Data are collected and processed to allow the Client to organize,
understand and run their sales activities. It includes prospects and customers contact data; historic
of sales activities; tracking of conversations with prospects and customers.
Location of data storage: Even if the Supplier is a French company most of the data storage
and treatment occurs in the USA. The transfer, processing and storage of the data fulfill the specific
Conditions of Article 44 et seq. EU-GDPR by working with company that are tight by at least the EU Standard
Contractual Clause (SCC) or provide contractualy at least the same level of data protection.
By accepting this Contract the Client authorize the Supplier to transfer, store and process those
data in the USA in accordance with.
Data are stored on Amazon AWS servers in East Virginia and are managed with the help of Engine
Yard Inc. Those suppliers might change in the future as well as their physical location in the US but
any new supplier will be either in the EU or will also complies with the EU-GDPR regulation through
the Standard Contractual Clauses or any at least equivalent mechanism.
Important udpate April 2023: Because of the frequent changes in the regulation : new standard clauses, new laws in the US making data safer, agreement found between the EU and the US but not yet passed as a European Law, we have decided to move our technical achitecture to the EU for compliance easyness. This process has started, main customers' data will be moved beginning of May 2023 and the full process will be ended before September 2023.
Regarding clauses 17 and 18 of the NSCC, the law of France are the one governing the NSCC and this contract.
For a complete list of third party service providers used to deliver the service please refer to
(2) Type of Data
The Subject Matter of the processing of personal data generally comprises the following data
types/categories: address; e-mail address; telephone number; name and name suffix; communications with
prospect or customers but can in fact contain any data the Client add to the Service.
It is the
Client responsibility to define and know which kind of data is stored in the Service.
(3) Categories of Data Subjects
The Categories of Data Subjects are generally interested persons; prospects; customers;
It is the Client responsibility to define and know which kind of Data Subjects are recorded in
the Service and if this is legal or not.
Note: At You Don't Need a CRM, we believe that as long as the Client has obtained data in a
lawful and loyal way, the Client may not need the express consent its prospects to store their data in
the Service (Recital
47). Be aware that this is only our interpretation of EU-GDPR regulation and we take no
responsability on this, at the end and as mentioned above it is the Client responsibility to know what
is legal or not.
Technical and Organizational Measures
For information about technical and organizational security measure to protect data please see Annex 1.
(1) The Supplier has documented in Annex 1 the execution of the necessary
technical and organizational measures, specifically with regard to the detailed execution of the
contract. The Client accepts those measures, which are the foundation of the contract. Insofar if the
inspection/audit by the Client shows the need for amendments, such amendments shall be discussed and
eventually implemented by mutual agreement. There is no obligation for the Supplier to reach an
aggrement with the Client.
(2) The Supplier shall establish the security in accordance with Article 28(3)(c), and Article 32
EU-GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 EU-GDPR. The measures
to be taken are measures of data security and measures that guarantee a protection level appropriate
to the risk concerning confidentiality, integrity, availability and resilience of the systems. The
state of the art, implementation costs, the nature, scope and purposes of processing as well as the
probability of occurrence and the severity of the risk to the rights and freedoms of natural persons
within the meaning of Article 32(1) EU-GDPR must be taken into account, see Annex
(3) The technical and organizational measures are subject to technical progress and further
development. In this respect, it is permissible for the Supplier to implement alternative adequate
measures. In so doing, the security level of the defined measures must not be reduced. Substantial
changes must be documented.
4. Rectification, restriction, erasure of data and portability
(1) The Supplier may not on its own authority rectify, erase or restrict the processing of data that
is being processed on behalf of the Client.
(2) The Client has full access to the data and has the ability to search and erase any record. Every
request concerning rectification or erasure of Client Sales Related Data shall be manage directly by
the Client via the user interface of the Service. In case of complex rectification / erasure to be
done, the Client might request the help of the Supplier who will check feasibility and propose a
quotation for the request. Be aware that data will continue to live into our backup for up to six
months after erasure from our databases.
(3) Data portability of the Client is insured at two levels
- by simple data export inside the application in .csv or .json format.
- by use of the Supplier public API for a more complete/complex export of data. It is this case it
is the Client responsability to programatically call the API to export the data he wants.
5. Quality assurance and other duties of the Supplier
In addition to complying with the rules set out in this Order or Contract, the Supplier shall comply
with the statutory requirements referred to in Articles 28 to 33 EU-GDPR; accordingly, the Supplier
ensures, in particular, compliance with the following requirements:
d) Confidentiality in accordance with Article 28(3) Sentence 2 lit. b, Articles 29 and 32(4)
EU-GDPR. The Supplier entrusts only such employees with the data processing outlined in this contract
that have been bound to confidentiality and have previously been familiarized with the data protection
provisions relevant to their work. The Supplier and any person acting under its authority who has
access to personal data, shall not process that data unless on instructions from the Client, which
includes the powers granted in this contract, unless required to do so by law.
e) Implementation of and compliance with all technical and organizational measures necessary for
this Order or Contract in accordance with Article 28(3) Sentence 2 lit. c, Article 32 EU-GDPR.
f) The Client and the Supplier shall cooperate, on request, with the supervisory authority in
performance of its tasks.
g) The Client shall be informed immediately of any inspections and measures conducted by the
supervisory authority, insofar as they relate to this Contract. This also applies insofar as the
Supplier is under investigation or is party to an investigation by a competent authority in connection
with infringements to any Civil or Criminal Law, or Administrative Rule or Regulation regarding the
processing of personal data in connection with the processing of this Order or Contract.
h) Insofar as the Client is subject to an inspection by the supervisory authority, an
administrative or summary offence or criminal procedure, a liability claim by a data subject or by a
third party or any other claim in connection with the Order or Contract data processing by the
Supplier, the Supplier shall make its best efforts to support the Client.
i) The Supplier shall periodically monitor the internal processes and the technical and
organizational measures to ensure that processing within his area of responsibility is in accordance
with the requirements of applicable data protection law and the protection of the rights of the data
j) Verifiability of the technical and organizational measures conducted by the Client as part of
the Client's supervisory powers referred to in item 7 of this contract.
Note: Based on the kind of services that You Don't Need a CRM provides the Suplier is not required by
the law to have a data privacy officer. Because ot the size of the Suplier's company if we had a DPO
they would need to be an external one. The Suplier think it wouldn't be efficient. Data protection is
a matter of the highest importance for the Suplier so the CEO, Sunny Paris has taken the effective
role of the DPO even if officialy the Suplier does not have a DPO (CEOs can't be DPOs are they're
considered as judge and jury). A DPO may be appointed in the future; in this case the Client shall be
c) for any matter concerning privacy, data and security the Supplier can be contacted at
(1) Subcontracting for the purpose of this Agreement is to be understood as meaning services which
relate directly to the provision of the principal service. This does not include ancillary services,
such as telecommunication services, postal / transport services, maintenance and user support services
or the disposal of data carriers, as well as other measures to ensure the confidentiality,
availability, integrity and resilience of the hardware and software of data processing equipment. The
Supplier shall, however, be obliged to make appropriate and legally binding contractual arrangements
and take appropriate inspection measures to ensure the data protection and the data security of the
Client's data, even in the case of outsourced ancillary services.
(2) The Supplier may commission subcontractors (additional contract processors) only if they are
bind by a contractual agreement in accordance with EU-GDPR. The Supplier will inform the Client of any
change in the Supplier list but the Client agrees that if he do not agree with the new subcontractors
he will have no other choice that closing its account. In Annex 2 current list
of subcontractor are indicated, the Client explicitly agree on that list.
(3) The support team of the Supplier is partly composed of independent subcontractors living in
different countries including countries not in the EU. All the support team members are personally
bind by a non-disclosure agreement and are aware of the absolute importance of data privacy. If the
Client does not want the support team to be able to access its account he must set this preference
accordingly in its Admin Pannel > Account Settings.
7. Supervisory powers of the Client
(1) The Client has the right, after consultation with the Supplier, to carry out inspections or to
have them carried out by an auditor to be designated in each individual case. It has the right to
convince itself of the compliance with this agreement by the Supplier in his business operations by
means of random checks, which are ordinarily to be announced in good time.
(2) The Supplier shall ensure that the Client is able to verify compliance with the obligations
of the Supplier in accordance with Article 28 EU-GDPR. The Supplier undertakes to give the Client the
necessary information on request and, in particular, to demonstrate the execution of the technical and
(3) Evidence of such measures, which concern not only the specific Order or Contract, may be
(4) The Supplier may claim remuneration for enabling Client inspections. All the inspection costs will
be at the Client charge and the time spent by the Supplier in the inspection process will be billed to
Client at a reasonable price both parties must agree on.
- Compliance with approved Codes of Conduct pursuant to Article 40 EU- GDPR;
- Certification according to an approved certification procedure in accordance with Article 42
- Current auditor's certificates, reports or excerpts from reports provided by independent bodies
(e.g. auditor, Data Protection Officer, IT security department, data privacy auditor, quality
- A suitable certification by IT security or data protection auditing (e.g. according to
BSI-Grundschutz (IT Baseline Protection certification developed by the German Federal Office for
Security in Information Technology (BSI)) or ISO/IEC 27001).
8. Communication in the case of infringements by the Supplier
(1) The Supplier shall assist the Client in complying with the obligations concerning the security of
personal data, reporting requirements for data breaches, data protection impact assessments and prior
consultations, referred to in Articles 32 to 36 of the EU-GDPR. These include:
- Ensuring an appropriate level of protection through technical and organizational measures that
take into account the circumstances and purposes of the processing as well as the projected
probability and severity of a possible infringement of the law as a result of security
vulnerabilities and that enable an immediate detection of relevant infringement events.
- The obligation to report a personal data breach immediately to the Client.
- The duty to assist the Client with regard to the Client's obligation to provide information to the
Data Subject concerned and to immediately provide the Client with all relevant information in this
- Supporting the Client with its data protection impact assessment.
- Supporting the Client with regard to prior consultation of the supervisory authority.
(2) The Supplier may claim compensation for support services which are not included in the
description of the services and which are not attributable to failures on the part of the Supplier.
9. Authority of the Client to issue instructions
(1) The Client shall immediately confirm oral instructions (at the minimum in text form).
(2) The Supplier shall inform the Client immediately if he considers that an instruction
violates Data Protection Regulations. The Supplier shall then be entitled to suspend the execution of
the relevant instructions until the Client confirms or changes them.
10. Deletion and return of personal data
(1) Copies or duplicates of the data shall never be created without the knowledge of the Client, with
the exception of back-up copies as far as they are necessary to ensure orderly data processing, as
well as data required to meet regulatory requirements to retain data.
(2) After conclusion of the contracted work, at the latest 6 months upon termination of the Service
Agreement, the Supplier shall destroy all documents, processing and utilization results, and data sets
related to the contract that have come into its possession via the noCRM service software. The same
applies to any and all connected test, waste, redundant and discarded material. The log of the
destruction or deletion shall be provided on request as long as it still exists. Data of the Client
will continue to survive in backups up to 6 months after the deletion of the data in the Service
account. Invoices will not be deleted as well as statistical information on the account. The name and
contact information of the account creator will not be deleted unless the Supplier is requested to.
(3) Documentation which is used to demonstrate orderly data processing in accordance with the Order
or Contract shall be stored beyond the contract duration by the Supplier in accordance with the
respective retention periods.