v1.2 · 08.08.2026
Status: 27.09.2026 Version: 1.0 Scope: Art. 28 GDPR, Art. 32 GDPR, Art. 82 GDPR
This Data Processing Agreement (DPA) governs the rights and obligations between the controller (hereinafter “Customer”) and the processor (hereinafter “flowgeist”) in connection with the processing of personal data in the context of the use of the SaaS platform flowgeist DMS (European Dealer Management System).
(1) The subject of this agreement is the processing of personal data by flowgeist in the context of providing the flowgeist DMS platform for the Customer.
(2) The duration of this agreement corresponds to the term of the underlying service agreement.
(1) Nature of the data: Depending on the booked scope of services, the following categories of personal data may be processed:
| Data category | Description | Examples |
|---|---|---|
| Master data | Identification and contact data | Name, first name, email, company, address, phone number |
| Customer data of the Customer | End customers of the dealership | Name, contact details, vehicle assignment, purchase/service history |
| Vehicle and business data | Transaction and vehicle data | VIN, offers, contracts, service orders |
| Staff data | Employees of the Customer | Name, role, working times, commission data |
| Access data | Authentication | Password hash (scrypt), TOTP secret, session token, roles |
| Documents | Archived files (Mayan EDMS) | Contracts, evidence |
| Audit data | Access logging | Login times, actions, IP addresses, user identifiers |
(2) Data subjects:
(3) Purposes of processing: Dealer management (sales, service, vehicle inventory, FI Deal Desking), accounting and compliance, AI-powered features (EU-resident models), reporting, notifications, security and audit logging.
(1) The processor processes personal data exclusively on the documented instructions of the controller (Art. 28(3)(a) GDPR).
(2) Confidentiality: All persons authorized to process data are bound to confidentiality.
(3) Sub-processors: The processor engages the following sub-processors:
| Sub-processor | Location | Purpose | Third-country aspect |
|---|---|---|---|
| Hetzner Online GmbH | Germany (Falkenstein) | Platform hosting (single-server Docker, vdps-prod-01) | No third-country aspect |
The other platform components (PostgreSQL, Keycloak, MinIO, OpenSearch, ClickHouse, Kafka, Valkey, Temporal, Novu, Mayan EDMS, ERPNext, Kimai, APISIX, Infisical, SigNoz) are embedded open-source components on flowgeist’s own Hetzner infrastructure and do not constitute sub-processors.
Customer-configured third-party system connections via the Integration Hub (e.g., OEM connectors, STAR, DAT/Schwacke, DATEV, PEPPOL, banks, charging networks) are not sub-processors of the processor; they only become active after configuration by the controller.
(4) AI processing: AI features are executed exclusively on EU-resident models (Azure OpenAI EU regions or self-hosted models on flowgeist’s own infrastructure). No transmission of personal data to public AI services outside the EU takes place.
(5) The processor assists the controller in fulfilling data subject rights (Art. 28(3)(e) GDPR) and in complying with the obligations under Art. 32–36 GDPR, to the extent technically possible.
(6) The processor informs the controller without undue delay of personal data breaches (Art. 33(2) GDPR).
(1) The controller remains responsible for the lawfulness of data processing, in particular for fulfilling the information obligations towards data subjects and for the configuration of optional third-party system connections.
(2) The controller reviews and approves the sub-processors listed in § 3(3).
The controller may verify compliance with the technical and organizational measures and contractual obligations (Art. 28(3)(h) GDPR). Upon request, the processor provides suitable evidence and enables audits after reasonable prior notice during normal business hours.
(1) The primary processing of personal data (hosting, database, backup) takes place exclusively in Germany (Hetzner Online GmbH, Falkenstein). No transfer of this data to third countries takes place.
(2) AI processing takes place exclusively on EU-resident models; no third-country transfer takes place in this respect.
(3) For customer-configured integrations, the transfer route depends on the respective customer configuration. The processor informs the controller before activating integrations that would result in a third-country transfer.
(1) The processor is liable without limitation for damages caused by an intentional or grossly negligent breach of duty by the processor, its legal representatives or agents.
(2) In the case of slight negligence, the processor is only liable for the breach of cardinal obligations, i.e., obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the controller may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.
(3) In the event of data loss, the processor is only liable for the effort required to restore the data if and to the extent that the controller has properly fulfilled its data backup obligations.
(1) Amendments and additions to this agreement require text form.
(2) In the event of contradictions between this agreement and the service agreement, the provisions of this agreement shall prevail insofar as they concern data protection obligations.
(3) German law applies. The place of jurisdiction is, to the extent permissible, the registered office of the processor.
For questions regarding data processing on behalf, please contact: datenschutz@flowgeist.de
The technical and organizational measures are described in the separate document “TOMs – flowgeist DMS”, which forms part of this agreement.
| Version | Date | Material Changes |
|---|---|---|
| 1.0 | 27.09.2026 | Initial version as product-specific DPA for flowgeist DMS (code-verified against flowgeist-dms / EuroDMS) |
Place, Date: ___________________________
Processor (flowgeist):
Signature
Name (in print)
Controller (Customer):
Signature
Name (in print)
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