Agreement on the Processing of Personal Data on Behalf of a Controller pursuant to Art. 28 GDPR

(1) This agreement governs the processing of personal data that waitrAI carries out on behalf of the Restaurant when providing the services under the main contract (Terms and Conditions and booked plan). The subject matter, nature, purpose, types of data and data subjects are set out in Annex 1.

(2) In the event of conflicts, this agreement takes precedence over the main contract only in matters of data protection. Otherwise, the main contract applies.

(3) Annexes 1 to 3 form part of this agreement.

This agreement applies for as long as waitrAI processes personal data on behalf of the Restaurant, and at least for the term of the main contract. Obligations under § 10 continue to apply beyond the end of the agreement.

(1) waitrAI processes the data only on documented instructions from the Restaurant, including with regard to transfers to third countries. The instructions result from the main contract, this agreement and the settings that the Restaurant makes in the platform; further instructions under paragraph 2 remain possible.

(2) The Restaurant issues further instructions in text form (e.g. email). It confirms oral instructions in text form without undue delay. Instructions that go beyond the agreed scope of services are deemed to be a request for a change of services.

(3) If waitrAI considers that an instruction infringes data protection law, it informs the Restaurant without undue delay. waitrAI may suspend execution until the Restaurant confirms or changes the instruction. If the Restaurant insists on an obviously unlawful instruction, waitrAI may terminate the agreement with regard to the processing concerned.

(4) If waitrAI is required by law to carry out processing, it informs the Restaurant of this in advance, unless the law prohibits such information.

(5) waitrAI decides itself on technical and organisational details that do not affect the purpose and the essential means of the processing.

(1) The Restaurant is responsible for the lawfulness of the processing, in particular for informing its guests under Art. 13 GDPR, for any required consents (for example for marketing messages) and for safeguarding the rights of the guests.

(2) The Restaurant checks the content it has stored, in particular prices, allergens and opening hours, which the assistant communicates to the guests.

(3) The Restaurant informs waitrAI without undue delay if it discovers errors or irregularities in the processing.

waitrAI only uses persons who have committed themselves to confidentiality or are under a statutory obligation of confidentiality. These persons are given access only to the extent necessary for their task.

(1) waitrAI takes the technical and organisational measures set out in Annex 3.

(2) waitrAI may adapt the measures to technical progress, provided that the level of protection is not reduced. waitrAI documents material changes and communicates them to the Restaurant on request.

(1) The Restaurant grants waitrAI general authorisation to engage sub-processors. The companies named in Annex 2 are deemed approved upon conclusion of this agreement.

(2) waitrAI informs the Restaurant in text form at least 30 days before engaging a new sub-processor or replacing a sub-processor, stating the name, address, service and place of processing. Publication on the website alone is not sufficient.

(3) The Restaurant may object to the change within 14 days of receipt; no reasons need to be given. waitrAI does not engage the new sub-processor before this period has expired. If there is no objection, the change is deemed approved. If the parties do not reach agreement, either party may terminate the main contract with effect from the time of the change; waitrAI refunds, on a pro rata basis, any fees paid in advance for the period thereafter.

(4) If a change is necessary to avert an acute risk to security or availability, waitrAI may shorten the period under paragraph 2 and informs the Restaurant without undue delay. The right to object remains; if the Restaurant objects, it may terminate the main contract without notice and free of charge.

(5) waitrAI contractually imposes on each sub-processor data protection obligations that meet the requirements of Art. 28(3) GDPR. In the case of providers that only offer uniform standard terms (in particular OpenAI), waitrAI reviews their terms before engaging them and makes them available to the Restaurant on request.

(6) Services that waitrAI uses from third parties as ancillary services, such as telecommunications, as well as recipients acting as controllers in their own right (Annex 2), do not count as sub-processing.

(7) The Restaurant engages Meta's WhatsApp Business Platform itself: it sets up its WhatsApp Business account with Meta and gives waitrAI access. In this respect, Meta is the Restaurant's processor under Meta's terms and not a sub-processor of waitrAI. waitrAI uses the access only within the scope of this agreement.

(1) Processing outside the EU and the EEA only takes place if the requirements of Art. 44 et seq. GDPR are met. Authorisation is deemed granted for the transfers named in Annex 2.

(2) The basis is primarily an adequacy decision, in particular the EU-US Data Privacy Framework, and otherwise the standard contractual clauses of the EU Commission (Decision 2021/914, Module 3). waitrAI may switch to another permissible basis if it informs the Restaurant in advance.

(3) waitrAI documents the assessment of the transfers (transfer impact assessment) and makes it available to the Restaurant on request.

(1) waitrAI assists the Restaurant with appropriate technical and organisational measures in responding to requests from data subjects (Art. 12 to 22 GDPR). If a guest contacts waitrAI directly, waitrAI forwards the request to the Restaurant without undue delay and does not answer it itself.

(2) waitrAI assists the Restaurant with the obligations under Art. 32 to 36 GDPR, in particular with data protection impact assessments, taking into account the information available to it.

(3) waitrAI notifies the Restaurant of a personal data breach without undue delay, and at the latest within 36 hours, after becoming aware of it. The notification contains the information under Art. 33(3) GDPR, to the extent known. waitrAI provides missing information as soon as it is available.

(4) The Restaurant pays for assistance that goes beyond the functions of the platform and is not based on a breach of duty by waitrAI according to time spent, at €120 net per hour, up to a maximum of €1,200 net per calendar year. As long as the platform does not offer functions for exporting and deleting guest data, such assistance is free of charge.

(1) After the end of the main contract, and after the transition period under § 18 of the Terms and Conditions where applicable, waitrAI makes the data available to the Restaurant for export in a common format (CSV) for 30 days. waitrAI then deletes the data within a further 30 days, unless the Restaurant requests immediate deletion beforehand.

(2) Data in backups is deleted in the regular course of the backup cycle, at the latest after 7 days, and is not used further until then.

(3) Excepted is data that waitrAI must retain due to statutory obligations. This data is restricted and deleted after the retention period has expired.

(4) waitrAI confirms the deletion in text form on request.

(1) waitrAI provides the Restaurant with the information necessary to demonstrate compliance with the obligations. This is primarily done by means of documentation, a self-assessment, certificates and audit reports of the sub-processors or by answering a questionnaire.

(2) If, in an individual case, the Restaurant does not consider this evidence sufficient, it may request an audit by itself or by an auditor bound to confidentiality. The audit must be announced at least 30 days in advance, takes place during business hours, must not unreasonably disrupt operations and is permitted at most once per calendar year, except where there is a specific reason such as a personal data breach.

(3) waitrAI may reject auditors who are in a competitive relationship with waitrAI. Audits in data centres of the sub-processors are governed by their terms.

(4) Each party bears its own costs. The Restaurant pays for waitrAI's effort for audits under paragraph 2 that exceeds one working day per year in accordance with § 9(4), unless the audit reveals a significant breach by waitrAI.

(1) The liability of the parties towards each other is governed by the provisions of the main contract (§ 15 of the Terms and Conditions), including for compensation under Art. 82(5) GDPR. In the event of slight negligence, waitrAI's total liability towards the Restaurant for data protection breaches is limited to €25,000 per contract year.

(2) Liability towards data subjects under Art. 82 GDPR remains unaffected. Internally, compensation is based on the respective share of responsibility, limited in accordance with paragraph 1.

(1) waitrAI processes the data only for the Restaurant and not for its own purposes. The Restaurant instructs waitrAI to compile from the data anonymised, aggregated statistics across all restaurants, for example on processing times or error rates, which do not permit any conclusions to be drawn about individual guests or restaurants. They serve to improve the platform that the Restaurant uses.

(2) waitrAI does not use the data to train AI models and also contractually excludes this with its sub-processors.

(3) The retention period of inputs and logs at AI providers is set out in Annex 2.

(1) This agreement is concluded in electronic form by the Restaurant confirming it during set-up or before processing begins. waitrAI stores the version and time of the confirmation.

(2) waitrAI communicates changes to this agreement directly to the Restaurant in text form; they take effect upon the Restaurant's confirmation. Changes to Annex 2 are governed by § 7.

(3) The law determined by the main contract applies (German law, place of jurisdiction Hamburg), subject to mandatory provisions of the GDPR.

(4) If a provision is invalid, the remainder of the agreement remains valid. The invalid provision is replaced by the statutory provision.

On behalf of the Restaurant, waitrAI processes the data of its guests who order, make reservations or send messages via WhatsApp.

Subject matter: Provision of the waitrAI platform (WhatsApp ordering and reservation assistant with dashboard) in accordance with the main contract.

Nature of the processing: Collection, storage, organisation, retrieval, alignment, automated analysis by AI models, transfer to sub-processors (Annex 2), restriction and erasure.

Categories of data subjects and types of data

Special categories (Art. 9 GDPR): waitrAI does not ask for health data. However, guests may mention allergies or intolerances in free texts or messages. This information is processed only in the context of the order.

Not the subject matter of this agreement: Data of the Restaurant itself and its user accounts (registration, contract, invoicing, support). waitrAI processes this data as a controller in its own right in accordance with its privacy policy.

Duration and deletion

The processing lasts as long as the main contract. The following periods currently apply technically:

• Messages and delivery logs in the chat system: automatic deletion after 30 days; no automatic deletion yet in the other message tables
• Standard periods as an instruction of the Restaurant, which it confirms during onboarding and can change in the settings: chat messages at most 90 days after the last message; contact details and delivery address 3 years after the last order or reservation; reservations 12 months after the appointment; orders 8 years as a record, with the name and telephone number in them removed after 3 years; feedback comments 12 months; proof of advertising consents 3 years after unsubscribing
• After the end of the agreement: deletion under § 10 of this agreement

Three services process guest data on behalf of waitrAI. The Restaurant engages Meta itself; two further recipients act as controllers in their own right.

Sub-processors

Engaged by the Restaurant itself

waitrAI accesses the account on behalf of the Restaurant via Meta's interface (§ 7(7)).

Further recipients as controllers in their own right

These providers receive data but act as controllers under their own terms. They are therefore not sub-processors, but are named to the Restaurant for information.

Deliberately not included

• Stripe (invoicing of the restaurant subscriptions), Resend (email to the Restaurant): receive no guest data.
• Mistral AI: not connected.
• SMS sending to guests: technically prepared, but no provider selected yet. Before activation, the provider will be added here and the Restaurant informed in accordance with § 7.

waitrAI does not operate its own servers; data is held by Supabase in Frankfurt on AWS.

1. Confidentiality

Physical access control: No own server rooms. AWS operates the data centres for Supabase; their certifications apply (according to Supabase: SOC 2 Type 2).

System access control:

• Sign-in of restaurant staff via Supabase Auth; manager area additionally protected by a PIN, stored only as a salted scrypt hash
• waitrAI administrators: passwords as bcrypt hash (cost factor 12), encrypted session cookies
• Work devices of waitrAI staff with encrypted hard drives and a password manager

Data access control:

• Row-based access rules in the database (Row Level Security): each restaurant sees only its own data
• Roles in the restaurant: manager and service; at waitrAI separate admin roles (technology, support, sales, marketing)
• Server-side keys only in protected environment variables or in Supabase Vault, checked in constant time
• Logging of admin access; access logs retained for 365 days

Separation control: Tenant separation via the restaurant assignment of each data record and the access rules; demo data is held in a separate demo tenant.

Pseudonymisation: In the chat system, guests are managed internally via a hash of restaurant and telephone number.

2. Integrity

Transfer control:

• Encrypted transmission (TLS) between all parties involved
• Incoming messages from WhatsApp only with a valid HMAC-SHA256 signature; payment notifications from PayPal only after verification with PayPal
• Accounting exports only via time-limited links (7 days)

Input control: Changes to orders, reservations and consents are stored with a timestamp; consents and unsubscribes for marketing in an unalterable log with the text displayed in each case.

3. Availability and resilience

• Data storage at Supabase with encryption at rest (AES-256, according to Supabase)
• Daily backup by Supabase with 7 days' retention (according to Supabase)
• Durable queues for incoming and outgoing messages, so that nothing is lost in the event of disruptions
• The failure of an AI provider does not lead to data loss; messages are retained and processed again

4. Procedures for regular review

• Automatic deletion of chat messages in the chat system and of diagnostic events after 30 days