Data Processing Agreement

Parties and scope

This agreement is concluded between the customer as controller and David Tadorian, Wylerweg 24, 2563 Ipsach, Switzerland, info@intelaris.ch as processor. It forms part of the Terms of Service.

It implements the requirements of Art. 28 GDPR and Art. 9 of the Swiss Federal Act on Data Protection (FADP) and applies wherever Intelaris processes personal data on behalf of the customer.

Subject matter and duration

Intelaris provides GPU capacity from third-party data centers and the related account, booking and invoicing services. Processing lasts as long as the main contract, plus the period needed for deletion or return of data.

Nature and purpose

Processing consists of hosting, storing and computing on data the customer runs on booked capacity, and of the technical operations needed to provide the platform. Intelaris processes data only to provide the service.

Types of data and data subjects

The customer determines which personal data it processes on booked capacity and which persons are affected. Intelaris has no control over the content of customer workloads.

The customer describes the relevant categories when this is required for the booking.

Instructions

Intelaris processes personal data only on documented instructions from the customer. The Terms of Service, the booking confirmation and settings in the console count as such instructions.

If Intelaris considers an instruction to breach data protection law, it informs the customer without delay.

Confidentiality

Intelaris ensures that all persons authorized to process personal data are bound by confidentiality.

Technical and organizational measures

Intelaris takes measures appropriate to the risk to protect personal data, including access control, encryption in transit and separation of customer data.

A detailed description of the measures will be provided as an annex. Intelaris does not currently claim any certification.

Sub-processors

The customer authorizes Intelaris to engage data center and cloud providers as sub-processors. For each booking, Intelaris names the provider and the location before confirmation.

A list of all other sub-processors will be published before the platform goes live. Intelaris informs the customer in advance of any new sub-processor. The customer may object on reasonable data protection grounds.

Intelaris imposes data protection obligations on each sub-processor that are equivalent to those in this agreement.

Data location

Personal data in customer workloads is processed in the country the customer has chosen for the booking. Intelaris does not move it to another country without the customer's instruction.

Transfers abroad

Where processing involves a transfer to a country without an adequate level of data protection, Intelaris ensures recognized safeguards, such as the EU Standard Contractual Clauses, adapted for Switzerland where needed.

Support with data subject rights

Intelaris supports the customer, as far as possible, in responding to requests from data subjects. Requests received directly by Intelaris are forwarded to the customer.

Personal data breaches

Intelaris notifies the customer without undue delay after becoming aware of a personal data breach and provides the information the customer needs for its own notifications.

Deletion or return

At the end of the contract, Intelaris deletes or returns personal data at the customer's choice, unless the law requires further storage.

Evidence and audits

Intelaris provides the information needed to demonstrate compliance with this agreement. The customer may carry out audits, or have them carried out, after reasonable advance notice and without disrupting operations.

Audits of data center providers follow the rules agreed with those providers. To be confirmed by legal counsel.

Liability

Liability under this agreement follows the Terms of Service, unless mandatory law provides otherwise. To be confirmed by legal counsel.

Order of precedence

In case of conflict on data protection matters, this agreement takes precedence over the Terms of Service.