Skip to main content

Data Processing Agreement

Markegy.at Data Processing Agreement (DPA)

This Data Processing Agreement (this “DPA”) is entered between Markegy.at (“Markegy”, “we”) and Customer (“Customer”, “you”), together referred to as the “Parties.”

This DPA is part of the Terms of Service, Privacy Policy, and other relevant policies available on our website. By using our services or accepting our Terms of Service, the Customer enters into this DPA on their own behalf to the extent required under applicable Data Protection Regulations and Laws and to the extent that Markegy processes Customer Data as instructed by the Controller (as defined in Section 1).

1. Definitions

Unless otherwise defined in this DPA, capitalized terms have the meanings set out below:

  • “Agreement” means the Terms of Service, Privacy Policy, and other relevant policies published on our website, together with any Order for the purchase of Services and any Order confirmation provided by Markegy.

  • “Services” means website hosting, website maintenance, updates, and technical support services provided by Markegy to the Customer, which may involve the processing of Personal Data.

  • “Controller” means the natural or legal person which determines the purposes and means of processing personal data.

  • “Customer Data” means any personal data submitted, stored, sent, or otherwise made available to Markegy by or on behalf of the Customer in connection with the Services.

  • “Personal Data” has the meaning given in Art. 4 GDPR.

  • “Processing,” “Processor,” and “Data Subject” have the meanings set out in Art. 4 GDPR.

  • “Data Protection Regulations and Laws” means all applicable data protection laws, including the GDPR (EU 2016/679) and the Austrian Datenschutzgesetz (DSG).

  • “Sub‑processor” means any third party engaged by Markegy to process Customer Data on behalf of the Customer.

2. Subject Matter and Scope

2.1 This DPA applies only to the extent Markegy processes Customer Data on behalf of the Customer as part of providing the Services.

2.2 Markegy will process Customer Data solely for the purposes of:

  • Hosting and technical provision of the Customer’s website

  • Performing website maintenance, updates, and troubleshooting

  • Providing technical support, including access to form submissions or other website data if required for support

  • Ensuring IT security and operational continuity

3. Duration of Processing

Processing will continue for as long as Markegy provides Services to the Customer. After termination, data will be handled according to Section 9 (Return and Deletion).

4. Roles of the Parties

  • Customer acts as Controller of the Customer Data.

  • Markegy acts as Processor under Art. 28 GDPR.

  • Customer warrants that it has obtained all necessary rights and consents to allow Markegy to process Customer Data in accordance with this DPA.

5. Processor Obligations

Markegy shall:

  1. Process Customer Data only in accordance with this DPA and the Customer’s documented instructions.

  2. Ensure that all personnel authorized to process Customer Data are bound by confidentiality obligations.

  3. Implement appropriate technical and organizational security measures in accordance with Art. 32 GDPR.

  4. Notify the Customer without undue delay of any personal data breach.

  5. Assist the Customer in fulfilling data subject requests and compliance obligations under Chapter III GDPR, insofar as technically possible.

  6. Not process Customer Data for its own purposes or disclose it to third parties unless required by law.

6. Sub‑processing

6.1 Customer authorizes the use of the following sub‑processor:

  • SiteGround Spain S.L. (hosting infrastructure provider, including SiteGround group companies)

6.2 SiteGround may process data in the EU and, where necessary for support, in the USA or Singapore under Standard Contractual Clauses (SCCs).

6.3 Markegy will inform the Customer if any new sub‑processors are added and provide the opportunity to object.

7. International Data Transfers

7.1 Data is primarily processed within the European Union (EU).

7.2 If Customer Data is accessed from outside the EU/EEA, Markegy relies on:

  • Standard Contractual Clauses (SCCs) under Art. 46 GDPR

  • Technical and organizational security measures to ensure an adequate level of protection.

8. Security Measures

Markegy implements security measures appropriate to the risk, including:

  • Encrypted connections (SSL/TLS)

  • Limited and logged administrative access to Customer websites

  • Temporary storage of support data only when necessary and secure deletion afterward

  • Cooperation with SiteGround’s physical and network security measures

9. Return and Deletion of Data

9.1 Upon termination of Services, Customer may request that Markegy:

  • Return all Customer Data, or

  • Securely delete Customer Data, unless retention is required by law.

9.2 Temporary access logs or local data copies are deleted within 60 days unless otherwise required by law.

10. Data Subject Rights and Assistance

Markegy shall provide reasonable assistance to the Customer to respond to:

  • Access requests

  • Rectification, restriction, or erasure requests

  • Objections to processing

  • Data portability requests

11. Liability

Each Party remains liable for its own compliance under applicable Data Protection Laws.
Markegy is only liable for processing performed outside the scope of the Customer’s instructions.

12. Legal Effect

This DPA is effective automatically upon Customer’s acceptance of the Terms of Service or use of the Services.
No physical signatures are required.
This DPA forms an integral part of the Service Agreement between the Parties.