agreement for data processing

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 hereinafter referred to as the Client
YOU DONT NEED A CRM (SAS), 3 avenue Antoine Pinay, Parc d’activité des 4 vents, 59510 Hem, France - the Processor - hereinafter referred to as the Supplier

Version 1.5 created October 9th 2023. 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 (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”.

(2) Duration
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 detailing 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 salespeople, 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: Users' data and Client’s Sales Related data are all stored in the EU. Our main data center is in Ireland, while backups can be stored in another country in the EU. Some data might transit through the US, based on some feature or service you may have activated or if a member of our support team not located in Europe access your account during the course of its work. More details in Annexe 2.

(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; franchisees…
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, especially if no express consent have been granted and the “legitimate interest” used.

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 agreement 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 1.

(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 production 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 programmatically 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 subject.
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.

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.
c) for any matter concerning privacy, data and security the Supplier can be contacted at

6. Subcontracting

(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 their 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. Note than when a member of the support team access the Client account, the data in the browser of the agent might transit encrypted through the US.

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 organizational measures.
(3) Evidence of such measures, which concern not only the specific Order or Contract, may be provided by

  • Compliance with approved Codes of Conduct pursuant to Article 40 EU- GDPR;
  • Certification according to an approved certification procedure in accordance with Article 42 EU-GDPR;
  • 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 auditor)
  • 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).
(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.

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:

  1. 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.
  2. The obligation to report a personal data breach immediately to the Client.
  3. 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 regard.
  4. Supporting the Client with its data protection impact assessment.
  5. 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 Service 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.

Annex 1 - Security and data protection

Security and privacy of data is a top priority at You Don’t Need a CRM. We have set up rules and processes to ensure a high level of protection and privacy of your data.

Each year the application goes through two security reviews :

  • a review done by an external company specialized in cyber security.
  • an indeep security process to be certified by Google and be allowed to interact with gmail data of our customers when connecting their email account.
  • .

    Physical storage:

    Our servers and your data are hosted on Amazon Web Service (AWS) in the EU (in Ireland for our production servers). Amazon is a world leader and the pioneer in Infrastructure as a Service. They take data security very seriously both in terms of physical access to the server as well as security over the network. Physical access is strictly controlled and even us have no physical access to the servers. AWS complies with GDPR. You can find more info here:
    Amazon has world-class level dedicated security teams to protect their infrastructure against malicious attacks.


    We use Engine Yard Inc services to provide the Linux stack running on the servers. Engine Yard is a Platform As A Service provider. Using their service allow us to be sure that our application relies on up-to-date components, that security updates are applied as soon as published, that the minimum of ports are opens on our servers and firewall correctly configured. The Engine Yard system admin specialist team is here to help us grow while ensuring your data is safe.

    Network communication:

    All communications from your browser to our servers are encrypted and you can only access your data through a secure SSL connection. Quality of our SSL connection can be seen here: . Our team use two-factor authentication to connect to previous services, and in general whenever it is possible, including physical tokens to connect to our administration interfaces.

    Backup and availability:

    Your data are backed up both in real time through a slave database and daily in case of data corruption. Backups are stored on a different datacenter in the EU insuring that in case of disaster no more than 24 hour of data is lost. Live data is encrypted as rest and our backup are fully encrypted. Our architecture is built with several front servers in high availability to ensure minimum downtime.

    SQL injection – Cross site scripting – Code reviews

    Our application is regularly tested by a third party company against SQL-injection and XSS cross-site scripting. We use a modern web development framework to limit those risk and our development team is trained on those problematic. Code is carefully tested and reviewed before being set in production.

    Password and payment card data

    We do not store your password only an encrypted version of it. We will never ever ask you to give us your password - except on your login page. It is your responsibility to ensure your password and API keys are safe and that you do not give them to anyone. We do not store your payment card detail, they are store by our payment processor Stripe.

    Data access

    Each member of the team is bind by a strict non-disclosure agreement. Access to your data by our team is strictly limited and depends on the role of the person in our company. Our support team can connect to your account to help you solve problems. If you want you can to disable access to your account in your Admin Panel > Account settings. *Your data is your strict sole property*. You can easily export at anytime your leads and your prospecting list in csv or json format. If you want a more complete export you will need to use our API.

    Annex 2 - Data processors outside the EU or potentially processing data outside the EU

    Data processors

    This includes processors of Users Data and Client’s Sales Related Data.

    Platform as a Service:
    Engine Yard, Inc.
    401 Congress Ave
    Austin, TX 78701 Engine Yard technical team can access our servers and help our technical team in case of problem. When this occurs data may transit through the US.

    Software consultancy services:
    eBoxr LLC
    5462 E 2575 N
    Eden, UT 84310 Eboxr works closely with us, their technical team can access our servers. When this occurs data transit through the US.

    Payment processor
    Stripe, Inc
    185 Berry Street, Suite 550
    San Francisco, CA 94107 Stripe handle only data related to the Client subscription payment.

    Emails management
    Nylas, Inc
    944 Market Street,
    San Francisco, CA, 94102 If you activate the mail synchronization, all emails to and from your prospects and customers, will transit through the US from Nylas’ servers to our servers in the EU.

    Error handling:
    Sentry - Functional Software, Inc.
    132 Hawthorne Street
    San Francisco, CA 94107 Browser data is transferred in case of error to help us improved the reliability of our application.