Data Processing Agreement (DPA)

1. Parties

Controller

The customer (e.g. photographer, agency, or studio) using the moodcase platform.

Processor

moodcase llc
Käsereistrasse 14
9305 Berg SG, Switzerland
privacy@moodcase.io

This agreement is part of the contractual relationship between the customer and moodcase GmbH and governs the processing of personal data within the SaaS platform moodcase (https://app.moodcase.io).

2. Subject and Duration

This agreement defines the rights and obligations regarding the processing of personal data under Art. 28 GDPR and Art. 9 nFADP.

• Purpose: Use of the moodcase platform to manage, edit, and share visual content and related project data

• Duration: Valid for the duration of the customer’s account or until data deletion

3. Nature and Scope of Data

Data processed may include

• Uploaded media files (e.g., images, videos)

• Names and email addresses of team members or end clients

• Project-related metadata (e.g., tags, filenames, notes)

• Communication history via Intercom support

Data subjects may include:

• Customer's team members

• End clients or third parties related to customer projects

4. Rights and Responsibilities

Controller (Customer)

• Ensures lawful basis for all processed data

• May issue instructions regarding the scope and method of processing

Processor (moodcase GmbH)

• Processes data solely within the scope of this agreement and the main contract

• Implements appropriate technical and organizational measures (see Annex)

• Assists the Controller in fulfilling data subject rights (access, rectification, deletion)

• Notifies the Controller of any data breaches or legal violations

5. Subprocessors

The following subprocessors are used

The Controller authorizes the use of these subprocessors. moodcase GmbH ensures all subprocessors comply with Art. 28 GDPR and equivalent nFADP obligations.

6. Data Deletion

After termination of the contract or upon request, all personal data shall be deleted or returned, unless legal retention periods apply. moodcase deletes inactive accounts and related data automatically after 180 days of inactivity.

7. Data Transfers

If data is transferred to countries outside the EU/EEA or Switzerland, moodcase ensures appropriate safeguards (e.g., Standard Contractual Clauses) are in place with all relevant subprocessors.

8. Final Provisions

• This agreement is valid upon acceptance of moodcase’s Terms of Service

• In case of conflict, this agreement shall take precedence over general terms

• Jurisdiction: St. Gallen, Switzerland

Annex: Technical & Organisational Measures

• Encrypted data transmission (TLS/SSL)

• Encrypted data storage at rest (where applicable)

• Role-based access control, 2FA

• Logging and monitoring of access

• Regular security updates and backups

• Logical separation of customer data

• Access to production systems limited to essential personnel

• Ongoing staff training on data protection

This agreement does not require a separate signature and becomes effective upon acceptance of the Terms of Service.