Data Processing Agreement
1. Scope and applicability
This Data Processing Agreement ("DPA") forms part of the agreement between the customer ("Controller") and lynox AI, operated by Brandfusion Burlet, Neue Jonastrasse 71, 8640 Rapperswil SG, Switzerland ("Processor") for the provision of lynox Managed Hosting services.
This DPA applies where the Processor processes personal data on behalf of the Controller in the course of providing the Managed Hosting service. It supplements the Terms of Service and Privacy Policy.
This DPA does not apply to self-hosted installations of lynox, where the user is both controller and operator of their own infrastructure.
2. Definitions
- "Personal Data" means any information relating to an identified or identifiable natural person, as defined in Art. 4(1) GDPR and Art. 5(a) revDSG.
- "Processing" means any operation performed on Personal Data, as defined in Art. 4(2) GDPR and Art. 5(d) revDSG.
- "Sub-processor" means a third party engaged by the Processor to process Personal Data on behalf of the Controller.
- "Services" means the lynox Managed Hosting service as described in the Terms of Service.
3. Roles of the parties
The Controller determines the purposes and means of processing Personal Data through their use of the Services. The Processor processes Personal Data solely on behalf of and under the documented instructions of the Controller.
4. Subject matter and duration
The subject matter of processing is the provision of AI-assisted business operations via the lynox Managed Hosting platform. Processing begins when the Controller's managed instance is provisioned and continues for the duration of the subscription agreement.
5. Nature and purpose of processing
The Processor processes Personal Data to provide the following services on behalf of the Controller:
- AI-assisted conversations and business communication analysis
- Memory extraction and knowledge graph construction
- CRM and contact management
- Workflow execution and task automation
- Email triage and content analysis
- File storage and retrieval
6. Types of personal data
The following categories of Personal Data may be processed depending on the Controller's use of the Services:
- Names and contact details (email addresses, phone numbers)
- Business communications (emails, messages, notes)
- Calendar entries and scheduling data
- File contents uploaded or referenced by the Controller
- CRM records (contact information, interaction history)
- Knowledge graph entities derived from the above
- Durable knowledge recorded by the agent from the above — facts, entities and the agent's always-loaded memory blocks (profile and playbook), retained until the Controller retires or deletes them
- For trial customers, a pseudonymous card-fingerprint hash processed by the Processor for fraud prevention (not passed to any sub-processor)
7. Categories of data subjects
- The Controller's employees and authorized users
- The Controller's customers, clients, and prospects
- The Controller's business partners and suppliers
- Any other individuals whose data the Controller processes through the Services
8. Processor obligations
In accordance with Art. 28(3) GDPR and Art. 9 revDSG, the Processor shall:
8.1 Instructions
Process Personal Data only on documented instructions from the Controller, unless required to do so by applicable law. The Processor shall immediately inform the Controller if, in its opinion, an instruction infringes applicable data protection law.
8.2 Confidentiality
Ensure that all persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
8.3 Security measures
Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, as detailed in Annex: Security Measures.
8.4 Sub-processors
Not engage another processor without prior specific or general written authorization of the Controller. In the case of general written authorization, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of sub-processors, giving the Controller the opportunity to object to such changes. The current list of sub-processors is set out in Section 9.
8.5 Data subject rights
Assist the Controller, taking into account the nature of the processing, by appropriate technical and organizational measures, for the fulfillment of the Controller's obligation to respond to requests for exercising data subject rights under Chapter III GDPR and Art. 25-29 revDSG.
8.6 Assistance with compliance
Assist the Controller in ensuring compliance with obligations pursuant to Art. 32-36 GDPR (security, breach notification, data protection impact assessments, prior consultation), taking into account the nature of processing and the information available to the Processor.
8.6a Personal data breach notification
Processor shall notify Controller of a Personal Data Breach without undue delay after becoming aware, providing the information required under Art. 33(3) GDPR to the extent then known. Where information cannot be provided at the same time, it will be provided in phases without further undue delay.
8.7 Deletion or return
At the choice of the Controller, delete or return all Personal Data to the Controller after the end of the provision of Services, and delete existing copies unless applicable law requires storage of the Personal Data. See Section 12 for timelines.
8.8 Audits
Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller. Audits shall be conducted with reasonable notice (at least 30 days) and during normal business hours, and shall not unreasonably interfere with the Processor's operations.
9. Sub-processors
The Controller hereby grants the Processor general authorization to engage the following sub-processors. The Processor shall notify the Controller at least 30 days in advance of any intended addition or replacement of sub-processors. This DPA is the contractually binding list. The customer-facing mirror at /subprocessors and the public reference at SUBPROCESSORS.md in the source repo are kept in sync, but if any version diverges this DPA prevails.
| Sub-processor | Purpose | Location | DPA in place |
|---|---|---|---|
| Anthropic, PBC | Primary LLM inference (Claude family, direct API) | United States | Yes — Anthropic DPA |
| Mistral AI SAS | Inference and voice in the default managed setup: the background worker profile (ministral-14b-2512), the fallback profile for named sub-agent spawns (mistral-medium-2604), speech-to-text (voxtral-mini-2602) and text-to-speech (Voxtral). Text-to-speech has no alternative implementation — spoken output always goes to Mistral; on a managed instance neither can be switched away — transcription_provider is not tenant-writable and LYNOX_TRANSCRIBE_PROVIDER is self-host-only, so the local whisper.cpp fallback in the image is unreachable there. Mail-triage classification does not run here by default — it follows the instance's main provider, which is Anthropic unless the customer changes it. Any customer may select Mistral as their main inference provider to keep primary inference within the EU. Retention: Mistral keeps API inputs and outputs "for the period necessary to generate the Output and then for thirty (30) rolling days to monitor abuse" (Privacy Policy §5). Zero Data Retention is opt-in — Scale plan only, stateless endpoints only, granted at Mistral's discretion — and lynox does not hold it (Pay-as-you-go, checked 2026-08-11); Mistral's Data Processing Addendum carries no zero-retention commitment. No training on API inputs or outputs — contractual, under Mistral's Commercial Terms of Service §4.2. | France (EU) | Yes — Mistral Terms & DPA |
| Fireworks AI, Inc. | LLM inference for the opt-in "Efficient" and "Balanced" model strategies — engaged for a managed instance by one of two routes: the instance selects one of those presets (or a Fireworks model) in its own model settings, or lynox pins a preset for that instance from the control plane. A pin takes effect only where the instance has not chosen a strategy itself. The option is enabled platform-wide, but neither route is the default: an instance with no selection and no pin routes to Anthropic and Mistral only, and no data is transmitted to Fireworks until one of the two routes applies. Where a preset is selected, all three model tiers (fast / balanced / deep) run on Fireworks' serverless inference on open-weight models of Chinese origin — DeepSeek v4 Flash, MiniMax M3, GLM 5.2 and Kimi K3. The weights are open; the inference runs on Fireworks' own infrastructure. None of the sub-processors listed in Schedule 4 of its DPA is a Chinese entity. The processing locations named there include the United States, Germany, the United Kingdom, Japan and Iceland; one row, a content-delivery provider, is listed with no fixed country at all. Schedule 4 is Fireworks' list and can change — it is the list as we read it on 2026-08-11, and Fireworks owes 30 days' notice of changes to it (Fireworks DPA, Schedule 4). Fireworks does not retain prompt inputs or model outputs beyond the lifecycle of a request (Zero Data Retention — Fireworks' default for open models, which we have not opted out of by enabling prompt logging, and a contractual obligation under §4.5 of its DPA), and is contractually prohibited from using the data to train, fine-tune or otherwise improve any shared or foundational model (§4.3(f)). | United States | Yes — Fireworks DPA (SCCs 2021/914, Module 2; Zero Data Retention; SOC 2 Type II, ISO 27001 / 27701 / 42001) |
| Stripe, LLC (US) / Stripe Payments Europe, Limited (Ireland) | Payment processing and subscription billing | Ireland (EU) — as a customer outside North and South America, our contracting entity is Stripe Payments Europe, Limited. The onward transfer to Stripe, LLC in the United States happens inside the Stripe group. | Yes — Stripe DPA |
| Hetzner Online GmbH | Server infrastructure — shared tenant hosts (isolated container per customer); dedicated VPS available as Enterprise upgrade | Germany (EU) | Yes — Hetzner DPA |
| Brevo (Sendinblue SAS) | Transactional email delivery (SMTP relay) and contact list management | EU (France/Germany) | Yes — Brevo DPA |
| Cloudflare, Inc. | DNS, CDN, DDoS protection, tunnel relay | United States / EU (edge network) | Yes — Cloudflare DPA |
| Plausible Insights OÜ | Anonymous website analytics (no personal data) | EU (Estonia) | Yes — Plausible DPA |
| Self-hosted (Bugsink) | Error reporting (always active for managed instances) | EU (self-hosted) | No third-party transfer — self-hosted on EU infrastructure |
Prompt caching. The inference providers above cache prompt prefixes to cut latency and cost: on Anthropic we set explicit cache breakpoints with a one-hour time-to-live, while Mistral and Fireworks apply their own automatic prefix caching. Cached data expires on its own and, for Fireworks, its documentation states the data stays in volatile memory and is never written to persistent storage. Caching is the one carve-out from the Fireworks zero-retention commitment cited above.
Customer-configured endpoints (BYOK). If you connect your own LLM provider via Settings → LLM (bring-your-own-key) — for example OpenAI, an OpenAI-compatible endpoint, Google Vertex AI, or a self-hosted model — that provider processes your data under your own agreement with it. Such providers are not lynox sub-processors and are not covered by this DPA; you act as controller for that transfer and are responsible for its legal basis. Our Acceptable Use Policy applies regardless of the provider you configure.
10. International data transfers
Where Personal Data is transferred to sub-processors located outside of Switzerland or the EU/EEA, the Processor ensures that appropriate safeguards are in place:
- Standard Contractual Clauses (SCCs) — EU Commission-approved SCCs (2021/914) are incorporated into our sub-processor agreements involving transfers to the United States or other non-adequate countries. Where a sub-processor is certified under the Data Privacy Framework, its own terms may make the DPF and the SCCs alternatives rather than cumulative — Stripe and Google both specify the DPF takes precedence and the SCCs apply only if it ceases to. Cloudflare's SCCs are pre-executed and self-activating. Anthropic and Fireworks are not DPF-certified (US Department of Commerce register, checked 2026-08-11), so their transfers rest on the SCCs alone.
- Swiss-US Data Privacy Framework — Where a sub-processor is certified under the Swiss-US Data Privacy Framework, transfers may rely on it; whether that displaces the SCCs or runs alongside them is set by that vendor's own terms, as in the bullet above.
- Supplementary measures — Encryption in transit (TLS 1.3) and at rest (AES-256-GCM) are applied to all data transferred to or processed by sub-processors.
- Mistral AI in the EU — AI inference can be routed to Mistral AI's direct API, which is operated by an EU-based company (France) and processes requests within the EU. By default managed instances use Anthropic as the main provider and Mistral runs as the worker/failover profile; any customer can select Mistral in Settings as their main provider to keep primary inference within the EU — a manual choice, not an automatic or segment-based default.
11. Liability and indemnification
Each party's liability under this DPA is subject to the limitations and exclusions of liability set out in the Terms of Service. Nothing in this DPA limits either party's liability for breaches of data protection law to the extent such liability cannot be limited under applicable law. Statutory liability under Art. 82 GDPR applies as provided by law.
12. Term and termination
This DPA remains in effect for the duration of the Controller's subscription to the Managed Hosting service.
- Data export — Upon termination or expiration, the Controller may export all Personal Data from their managed instance within 30 days.
- Data deletion — After the 30-day export period, the Processor shall delete all Personal Data from the managed instance within 90 days, unless retention is required by applicable law.
- Confirmation — Upon request, the Processor shall provide written confirmation that all Personal Data has been deleted.
Annex: Technical and organizational security measures
The Processor implements the following measures to protect Personal Data processed on behalf of the Controller:
Encryption
- Conversation content and derived memory rest on per-tenant container volumes on Hetzner Cloud infrastructure (Nürnberg). Application-layer envelope encryption (AES-256-GCM) is applied to API keys, OAuth tokens and other credentials. Each tenant instance receives its own vault key, generated independently at provisioning and not retained by the Processor's control plane; that instance's vault, engine database and local backup-encryption keys are derived from it (PBKDF2-SHA-512 and HKDF-SHA256). Credentials the control plane must itself hold in order to operate the service — host access keys, off-site backup repository passwords and service tokens — are encrypted under a single control-plane key. Application-layer encryption of conversation payloads and host-level disk encryption (LUKS) are on the production-hardening roadmap; until then, access is controlled by per-tenant Docker isolation, OS-level filesystem permissions, and audit-logged administrative access.
- Data in transit: TLS 1.3 for all connections
Tenant isolation
- Each Managed Hosting customer runs in an isolated Docker container with its own hardened root filesystem, its own encrypted vault, and its own database files. Multiple customer containers may share the same underlying tenant host (Hetzner Cloud).
- No shared databases, file systems, or application processes between tenants. Each tenant's vault key is generated independently per instance rather than derived from a shared secret, which is designed so that secrets for one customer cannot be decrypted by any other tenant on the same host at the cryptographic layer.
- Network-level isolation between customer containers via separate namespaces. No inbound traffic between tenants.
- A dedicated single-tenant VPS is available as an Enterprise option on request for customers with strict single-tenant requirements.
Access control
- No routine access: lynox AI staff do not access customer conversations, knowledge graphs, or files during normal operations
- Exception-based access: conversation data may be accessed solely in response to abuse reports or legal requests (see Privacy Policy)
- API keys and vault secrets are stored in the encrypted vault and are not accessed by lynox AI staff
- Infrastructure access limited to provisioning and maintenance operations
- Multi-factor authentication required for all administrative access
Container hardening
- Read-only root filesystem
- No new privileges flag enabled
- Minimal base images with no unnecessary packages
- Tmpfs for temporary data only
Monitoring and audit trail
- Automated health monitoring for all customer instances
- Administrative actions on the control plane are logged
- Incident response procedures are maintained and reviewed periodically
Backup and recovery
- Crash-safe backup procedure (SQLite VACUUM INTO)
- Backup encryption capability available (AES-256-GCM); enabled per customer configuration
- Configurable retention period (default: 30 days)
- Restore capability tested periodically
Regular testing and evaluation
- Continuous integration security pipeline (dependency scanning, secret detection, container vulnerability scanning)
- Security practices aligned with OWASP Top 10 guidelines
- Periodic backup restore tests
- Regular review of technical and organizational measures
13. EU representative
lynox AI is established in Switzerland, not in the EU/EEA. Pursuant to Art. 27 GDPR, we have appointed Prighter Group with its local partners as our EU representative and point of contact for data subjects in the European Union.
To exercise your privacy-related rights or contact our EU representative, please visit:
https://app.prighter.com/portal/13646667120
14. Contact
For all questions related to this DPA or data processing:
[email protected]
15. Governing law
This DPA is governed by Swiss law. The exclusive place of jurisdiction is Rapperswil-Jona, Canton of St. Gallen, Switzerland. Where the Controller is subject to the GDPR, the provisions of the GDPR shall prevail in the event of any conflict with this DPA or the governing law.