Legal

Data Processing Agreement (DPA)

As of: 2026-08-28 · Version: 1.0 · Change history

This DPA is aligned with the actual system architecture of the service and applies under Art. 28 GDPR in addition to the Terms of Use. We provide an individually signed copy on request (office@the-y.at). This is a courtesy translation — the German version is authoritative.

This agreement specifies the parties' data-protection obligations in connection with the use of the service “TheY CRM / Kunden-Support CRM” and applies pursuant to Art. 28 GDPR in addition to the Terms of Use.

1. Parties & roles

The controller is the customer (the tenant/company using the service) for the personal data it processes in the service. The processor is The-Y e.U., Thomas Nuri Yilmaz, BSc, Senefeldergasse 25, 1100 Vienna (“The-Y”). The-Y processes personal data solely on the controller's instructions to provide the service.

2. Subject, nature, purpose & duration

Subject & purpose: providing and operating an all-in-one CRM and support software (inbox across email/web chat/SMS/WhatsApp/Meta, telephony, contact/company/deal management, invoices, tasks/calendar, marketing, workforce management, reporting, optional AI features).

Duration: for the term of the usage relationship. After termination, section 8 (deletion/return) applies.

3. Categories of data subjects & data

Data subjects: the controller's customers/prospects/contacts, its employees/users, contact persons of associated companies.

Data types (as far as the controller enters/creates them):

4. Instructions

The-Y processes the data only on the documented instructions of the controller. Use and configuration of the service constitute instructions. If The-Y considers an instruction unlawful, the controller is informed.

5. Confidentiality

Persons authorised to process are bound to confidentiality. Access is limited to what is necessary for operation.

6. Technical & organisational measures (TOM)

The-Y takes appropriate TOM pursuant to Art. 32 GDPR; see Annex 1.

7. Sub-processors

The controller consents to the use of the sub-processors listed in Annex 2. Additions/changes are notified in advance; the controller may object for good data-protection reasons.

Services connected by the controller itself (own AI provider via BYO key, WhatsApp/Meta, SMS provider, own mail server) are not sub-processors of The-Y: the controller connects and is responsible for these providers via its own account/contract. The-Y merely forwards content to the endpoints configured by the controller.

8. Assistance, breach notification, data-subject rights

The-Y assists the controller, as far as possible, with data-subject requests (access, deletion, rectification, export) and with data breaches, and notifies it of any breach it becomes aware of without undue delay. Tools for export (snapshot/CSV) and deletion are available in the service.

9. Deletion/return after termination

After termination the personal data is, at the controller's choice, deleted or returned, unless a statutory retention obligation applies. For retention periods and deletion from backups/logs see the Privacy Policy and Data Deletion.

10. Evidence & audits

The-Y provides the information necessary to demonstrate compliance and allows for reasonable audits. In the self-hosting case the controller operates the infrastructure itself; there The-Y is not a processor but a mere software supplier.

11. Final provisions

Austrian law applies; place of jurisdiction is — where permissible — Vienna. In case of conflict, this DPA prevails over the Terms of Use on data-protection matters.


Annex 1 — Technical & organisational measures (TOM)

Annex 2 — Sub-processors

ProviderPurposeLocationStatus
The-Y e.U. (self-operated infrastructure)Hosting/server operation of the service during the AlphaAustria / EUactive
Cloud hosting provider (EU) — planned for the Betahosted cloud operation + backupEUfrom Beta 🧑

Not listed as sub-processors of The-Y, because connected and controlled by the controller via its own account/key: the chosen AI provider (Anthropic, OpenAI or Google — only with AI enabled, BYO key), WhatsApp/Meta, SMS provider, own email server. Transmission to these providers is governed by their terms; third-country transfer may apply depending on provider choice.

Payment processing (Stripe): Stripe processes payment data for billing between The-Y and the paying customer (The-Y is the controller in that respect) — not for the end-customer data the customer processes in the CRM.