HelpPal.com

HelpPal.com

Data Processing Agreement

Terms on how we handle and protect customer data

1. Definitions

Data Controller
The entity that determines the purposes and means of the processing of personal data, as defined under applicable data protection laws and regulations.

Data Processor
HelpPal AB, when processing personal data on behalf of the Customer.

Data Subject
Any identified or identifiable natural person whose personal data is being processed.

– Personal Data: Any information relating to an identified or identifiable natural person.

– Sub-processor: Any processor engaged by HelpPal AB who agrees to receive personal data from HelpPal AB intended for processing activities to be carried out on behalf of the Customer.

– Processing: Any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

– User/Users: Any individual or entity that uses or has registered for the Service provided by HelpPal AB.

– Supervisory Authority: An independent public authority established by a Member State of the European Union, responsible for monitoring the application of data protection laws. In Sweden, this is the Integritetsskyddsmyndigheten (IMY).

– Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

– Third Party: Any natural or legal person, public authority, agency, or body other than the data subject, the data controller, the data processor, and persons who, under the direct authority of the data controller or processor, are authorized to process personal data.





1. Subject Matter and Duration
1.1. Subject Matter:
1.1.1. This Data Processing Agreement governs the processing of personal data by HelpPal AB on behalf of

the Customer.

1.1.2. The agreement is effective for the duration of the business relationship between HelpPal AB and the

Customer.

2. Scope of Processing
2.1. Nature and Purpose:
2.1.1. The nature of the processing includes the collection, storage, use, and deletion of personal data as

necessary to provide the Service.

2.1.2. The purpose of the processing is to provide, improve, and maintain the Service.

3. Rights and Obligations of the Data Controller
3.1. Instructions:
3.1.1. The Customer shall, in its use of the Services, process personal data in accordance with the

requirements of Data Protection Laws and Regulations.

3.1.2. The Customer shall ensure that it has the necessary rights to transfer the personal data to the Data

Processor.

4. Obligations of the Data Processor
4.1. Compliance:
4.1.1. HelpPal AB shall comply with all applicable Data Protection Laws and Regulations in the processing

of personal data.

4.1.2. HelpPal AB shall process personal data only on documented instructions from the Customer.

4.2 Email Processing:
4.2.1. HelpPal AB will only access and process emails that are located in the primary inbox of the user’s

email account.

4.2.2. Emails that are classified as spam or located in other folders outside the primary inbox will not be

accessed or processed by HelpPal AB. Consequently, any emails filtered into spam or similar folders

will not be visible or actionable within the HelpPal platform.

5. Sub-processing
5.1. Sub-processor Approval:
5.1.1. HelpPal AB may engage sub-processors to process personal data on behalf of the Customer.

5.1.2. HelpPal AB shall ensure that any sub-processor agrees to the same data protection obligations as set

out in this Data Processing Agreement.

6. Data Subject Rights
6.1. Assistance:
6.1.1. HelpPal AB shall assist the Customer in responding to requests from data subjects to exercise their

rights under Data Protection Laws and Regulations.

6.1.2. HelpPal AB shall promptly notify the Customer if it receives a request from a data subject.

7. Data Security
7.1. Measures:
7.1.1. HelpPal AB shall implement appropriate technical and organizational measures to ensure a level of

security appropriate to the risk of processing personal data.

7.1.2. This includes measures to protect against unauthorized access, unlawful processing, accidental loss,

destruction, and damage.

8. Data Breach Notification
8.1. Notification:
8.1.1. HelpPal AB shall notify the Customer without undue delay after becoming aware of a personal data

breach.

8.1.2. Such notification shall include all available information necessary to meet any obligations to report or

inform data subjects of the personal data breach.

9. Data Protection Impact Assessment
9.1. Assistance:
9.1.1. HelpPal AB shall provide reasonable assistance to the Customer with any data protection impact

assessments and prior consultations with supervisory authorities.

10. Data Storage and Retention
10.1. Storage Location:
10.1.1. We store users and users customers’ personal data on servers located within Microsoft Azure’s data

centers. These data centers may be located in various regions within the European Economic Area

(EEA). Specific storage locations can vary, and user may contact us for details regarding the specific

region where users data is stored.

10.1.2. Microsoft Azure adheres to strict security protocols and compliance standards to ensure the safety

and privacy of users data. For more information on Microsoft Azure’s data security practices, please

visit Microsoft Azure Trust Center.

10.2. Data Retention:
10.2.1. We retain data for the duration of users business relationship with us and delete it upon users

request or when the business relationship ends, unless otherwise required by law.

10.2.2. Users can request the deletion of their data at any time by contacting our Data Protection Officer at

dpo@helppal.com

11. Return or Deletion of Data
11.1. Termination of Services:
11.1.1. Upon termination of the Services, HelpPal AB shall, at the choice of the Customer, delete or return all

personal data to the Customer within 30 days. Existing copies will also be deleted unless applicable

law requires storage of the personal data.

12. Audit Rights
12.1. Customer Audits:
12.1.1. The Customer has the right to audit HelpPal AB’s compliance with this Data Processing Agreement.

Such audits must be scheduled with at least 14 days’ notice and will be conducted during regular

business hours.

12.1.2. HelpPal AB shall make available to the Customer all information necessary to demonstrate

compliance and allow for audits.

13. Changes and Updates to the Data Processing Agreement
13.1. Policy Amendments:
13.1.1. We reserve the right to amend the Data Processing Agreement at any time. Changes will be

communicated by posting the updated Data Processing Agreement on the HelpPal AB website and

notifying users via the service.

14. Contact & Questions
14.1. Data Protection Officer Contact:
14.1.1. For any queries, please contact HelpPal AB’s Data Protection Officer at dpo@helppal.com.​





  1. General Terms
    1. Modification of Terms:
      1. HelpPal AB reserves the right to update and modify the Terms and Conditions without prior notice. We will always announce changes to the agreement via our portal and on our homepage. Continued use of the Service after modifications constitutes acceptance of the revised terms.
    2. Communication:
      1. HelpPal AB communicates primarily via the email address provided by the user. Price adjustments and other important notifications will be sent to this contact email address.
  1. Account Terms
    1. General Requirements:
      1. By using the Service, you agree to abide by these Terms and Conditions.
      2. Users must be at least 18 years old to use the Service.
      3. Registration requires providing accurate and complete information.
    2. Security and Responsibility:
      1. Users are responsible for maintaining the security of their accounts.
      2. HelpPal AB is not liable for any loss or damage due to the user’s failure to secure their account.
      3. In instances where HelpPal AB is the data controller, HelpPal AB will:
        Notify the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, IMY) within 72 hours of becoming aware of the breach, in compliance with the General Data Protection Regulation (GDPR).
        File a report with the police to ensure proper legal action is taken.
        In instances where HelpPal AB is the data processor, HelpPal AB will report incidents to the data controller.
    3. Violation of Terms:
      1. HelpPal AB may terminate services for any breach of these Terms.
  1. Pricing and Billing
    1. Pricing Adjustments:
      1. HelpPal AB reserves the right to adjust prices once per year. Price adjustments will be communicated in writing 3 months in advance via the contact email address.
      2. HelpPal AB shall not be liable to users or any third party for any modifications, price changes, suspensions, or discontinuances of the Service.
    2. Billing Terms:
      1. A valid payment method is required for paid accounts.
      2. The Service is billed monthly in arrears based on usage. Payments are non-refundable. No refunds or credits will be issued for partial months of service, upgrade/downgrade refunds, or unused months with an open account.
      3. After the trial period, users will not have full access to their account unless a valid payment method is provided.
    3. VAT terms:
      1. Users outside the EU and users within the EU who have not provided a valid VAT number are responsible for managing VAT according to the regulations of their respective country.
      2. For users based within the EU who have not provided a valid VAT number, VAT will be added to the invoice according to the applicable rate.
      3. Users are responsible for providing a correct and valid VAT number.
    4. Invoicing and Payment:
      1. If an invoice is not paid within 10 days after the due date, the account will automatically be inactivated. The account will be automatically reactivated upon payment of the outstanding invoice.
      2. Upon adding or removing users, your credit card will be automatically charged or credited with the new rate on the next billing cycle. If a user is removed mid-month, a full month’s charge will not be incurred
      3. When a module is activated, a full month’s fee will be charged, regardless of the activation date within the billing cycle. The price for each module is clearly stated in the portal, and by activating a module, the full monthly fee as specified is agreed to. If a module is deactivated, charges for that module will cease in subsequent billing periods.
      4. Downgrading the Service may result in the loss of Content, modules, or account capacity. HelpPal AB bears no liability for such loss.
  1. Cancellation and Termination
    1. User Cancellation:
      1. Users can cancel their account at any time by removing their account via the portal or by emailing support@helppal.com. Account cancellation will be processed by the HelpPal AB team in a timely manner, and confirmation of cancellation will be sent via email. Users will be billed for usage until termination is received by HelpPal, unless they are under the trial period. If users choose to cancel via email, the cancellation request must be sent from the email address that was used to register the account.
    2. Service Cancellation:
      1. HelpPal AB reserves the right to suspend or terminate user accounts and refuse current or future use of the Service for any reason, at any time. Such termination will result in the deactivation or deletion of the Account and the forfeiture of all Content in the Account. HelpPal AB also reserves the right to refuse service to anyone, at any time, for any reason.
      2. HelpPal AB reserves the right to permanently delete accounts if no activity has occurred on the account for 12 months.
  1. Copyright and Content Ownership
    1. Lawful Use:
      1. Users must use the Service for lawful purposes only and users are prohibited from using the Service for any illegal or unauthorized purpose.
    2. Compliance:
      1. Users must comply with Swedish copyright law when posting Content on the Service.
      2. HelpPal AB is not responsible for any copyright-protected material uploaded by users. Users are solely responsible for ensuring that their content does not infringe on the rights of others.
      3. HelpPal AB retains ownership of the Service, software, program code, and all related Intellectual Property Rights (IPR), including any IPR arising from HelpPal AB’s data processing activities.
    3. Content Management:
      1. HelpPal AB does not pre-screen Content but reserves the right to refuse or remove any Content deemed objectionable in its sole discretion.
  1. General Conditions
    1. Use at Own Risk:
      1. Use of the Service is at the user’s sole risk. The Service is provided “as is” and “as available.”
    2. Support:
      1. Technical support is available only to paying account holders and is provided via email.
    3. Third-Party Services:
      1. HelpPal AB utilizes third-party vendors and hosting partners to run the Service. A complete list of our third parties can be found here http://www.helppal.com/third-party-services. This list may be updated at any time without notice.
    4. Prohibited Activities:
      1. Users may not modify, adapt, or hack the Service or falsely associate it with any other website or service without express written permission from HelpPal AB.
      2. Reproduction, duplication, sale, or exploitation of any portion of the Service without express written permission from HelpPal AB is prohibited.
      3. HelpPal AB may, but is not obligated to, remove content or accounts containing content deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
      4. Verbal, physical, or written abuse of any HelpPal AB customers, employees, members, or officers will result in immediate account termination.
      5. Users understand that technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform to technical requirements.
      6. Users may not upload, post, host, or transmit unsolicited email, SMSs, or spam messages, nor transmit any worms, viruses, or destructive code.
      7. If a user’s bandwidth usage exceeds 500 MB/month or significantly exceeds the average bandwidth usage of other HelpPal AB customers, HelpPal AB reserves the right to disable the account or throttle file hosting until bandwidth consumption is reduced.
      8. Users may not collect, store, or share personal data about others without their express consent or use the Service in violation of applicable data protection and privacy laws.
      9. Users may not use the Service to infringe on the intellectual property rights of others, including the use of copyrighted materials without permission.
      10. Users may not use the Service for any illegal activities or in a manner that violates any local, state, national, or international laws.
      11. Users may not upload, post, or transmit false or misleading information or content.
      12. Users may not use the Service to engage in any activity that could harm the functionality or security of the Service, including but not limited to, initiating a denial-of-service attack or attempting to gain unauthorized access to the Service.
      13. Users may not use the Service to impersonate another person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity.
    5. No Warranty:
      1. HelpPal AB does not warrant that the Service will meet specific requirements, be uninterrupted, timely, secure, or error-free, or that any errors in the Service will be corrected.
    6. Limitation of Liability:
      1. HelpPal AB’s liability during the Term of Services shall not exceed an amount equal to 6 months’ fees preceding the event giving rise to liability.
    7. Force Majeure:
      1. Neither party shall be liable for delay or failure in performance arising from force majeure events, including but not limited to earthquakes, war, riots, labor disputes, pandemics, governmental sanctions, or cyber attacks.
    8. Non-Waiver:
      1. The failure of HelpPal AB to enforce any provision of the Terms of Service shall not constitute a waiver of such provision.
    9. Entire Agreement:
      1. The Terms of Service constitute the entire agreement between users and HelpPal AB, superseding any prior agreements, and are governed by Swedish law.
    10. Dispute Resolution:
      1. Disputes arising from the Terms of Service shall be resolved through amicable negotiations, with any unresolved disputes subject to the exclusive jurisdiction of the courts in Sweden. The Parties agree not to bring claims arising from the Terms of Services more than 6 months after its termination.
  1. Marketing
    1. Use of Customer Information:
      1. HelpPal AB reserve the right to use your company’s name and logo for marketing purposes, including on our website and in promotional materials.
      2. If you do not wish for your company’s name and logo to be used for marketing by HelpPal AB, please notify us in writing to opt out at support@helppal.com to opt out of marketing use of your company’s name and logo.​
  1. Trial Period Restrictions
    1. Free Account Limitations:
      1. Free accounts do not require a credit card number.
      2. Users have limited access to certain modules and functionalities during the trial period.
    2. Email Sending Restrictions:
      1. Users are not allowed to send more than 100 emails during the trial period.
      2. Any attempt to bypass this limit by creating multiple free accounts will result in immediate suspension of all related accounts.
    3. Data Migration Restrictions:
      1. Users are not allowed to migrate all data from their previous support systems during the trial period. The system will only support limited data migration to allow users to test the functionality.
    4. Trial Period Duration:
      1. The standard trial period is 14 days, unless otherwise specified at the time of account creation.
      2. HelpPal AB reserves the right to modify the duration of the trial period at its sole discretion.
    5. Transition to Paid Account:
      1. Users must provide a valid credit card number to continue using the Service beyond the trial period.
      2. Failure to provide payment information before the end of the trial period will result in the suspension of the account.
    6. Termination of Trial Account:
      1. HelpPal AB reserves the right to terminate any trial account at any time, if necessary. We aim to provide notice and explanation where possible.
      2. Upon termination, all data associated with the trial account may be deleted unless the user transitions to a paid account within 30 days.