Data Processing Agreement
Effective 3 November 2026. This agreement is part of our Terms. The binding text is the European Commission’s standard contractual clauses below, word for word, with the choices they offer made and their four annexes filled in for hiy.
In short (where this differs, the clauses apply): we process your data only on your instructions, keep it confidential and secure, use only the sub-processors in Annex IV and tell you in writing before we change them, help you with people’s requests and with breaches, and delete or return it, as you choose, when the contract ends.
Source: Commission Implementing Decision (EU) 2021/915 of 4 June 2021, Annex (OJ L 199, 7.6.2021, p. 18), copied from EUR-Lex on 3 November 2026. © European Union, 1998–2026; reused under Commission Decision 2011/833/EU. Questions: hello@hiy.ai.
SECTION I
Clause 1
Purpose and scope
The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.
These Clauses apply to the processing of personal data as specified in Annex II.
Annexes I to IV are an integral part of the Clauses.
These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
Clause 2
Invariability of the Clauses
The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
Clause 3
Interpretation
Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall have the same meaning as in that Regulation.
These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.
These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
Clause 4
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 5 - Optional
Docking clause
Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Annexes and signing Annex I.
Once the Annexes in (a) are completed and signed, the acceding entity shall be treated as a Party to these Clauses and have the rights and obligations of a controller or a processor, in accordance with its designation in Annex I.
The acceding entity shall have no rights or obligations resulting from these Clauses from the period prior to becoming a Party.
SECTION II
OBLIGATIONS OF THE PARTIES
Clause 6
Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.
Clause 7
Obligations of the Parties
7.1. Instructions
The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.
7.2. Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.
7.3. Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Annex II.
7.4. Security of processing
The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.5. Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.
7.6. Documentation and compliance
The Parties shall be able to demonstrate compliance with these Clauses.
The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.
The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.
7.7. Use of sub-processors
The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 30 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.
The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
7.8. International transfers
Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.
The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.
Clause 8
Assistance to the controller
The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions
In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
the obligations in Article 32 of Regulation (EU) 2016/679.
The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.
Clause 9
Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.
9.1 Data breach concerning data processed by the controller
In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:
the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
the likely consequences of the personal data breach;
the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:
a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
the details of a contact point where more information concerning the personal data breach can be obtained;
its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.
Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679.
SECTION III
FINAL PROVISIONS
Clause 10
Non-compliance with the Clauses and termination
Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;
the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.
Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.
ANNEX I
List of parties
Controller(s)
- Name: the customer: the person or organisation that holds a hiy account and has accepted hiy’s Terms.
- Address: the address the customer gives with its order or billing details.
- Contact person’s name, position and contact details: the account holder, at the account’s sign-in email.
- Signature and accession date: given by accepting hiy’s Terms (at sign-in: “By continuing you agree to the terms”), on the date of that acceptance.
Processor(s)
- Name: Foldox Limited (“hiy”), registered in Ireland, company number 822581.
- Contact person’s name, position and contact details: hello@hiy.ai.
- Signature and accession date: agreed by Foldox Limited as part of hiy’s Terms, effective 3 November 2026.
ANNEX II
Description of the processing
- Categories of data subjects whose personal data is processed: the people who talk to the controller’s agents (its visitors, customers and users), the controller’s colleagues, and anyone the controller’s material mentions.
- Categories of personal data processed: contact details (names, email addresses, phone numbers); conversation text; channel identifiers (such as a WhatsApp number); call transcripts and voice samples; the values a person gives an action, and the fields the controller adds about a person (Contacts); and any personal data in the material the controller adds.
- Sensitive data processed (if applicable) and applied restrictions or safeguards: an Expert Twin owner’s memory import about themselves can contain sensitive data; it is added only after a consent screen that names those categories, and deleting it deletes it and everything indexed from it. A person can type anything into a conversation; conversations follow the controller’s retention window, its masking choice and its deletions.
- Subject matter: running hiy for the controller: its agents’ answers, handovers, conversations and contacts, as hiy’s Terms describe.
- Nature of the processing: storing, indexing and searching the controller’s material; sending it and conversations to the model providers in Annex IV to write answers; delivering messages, emails and calls; showing the controller its conversations and contacts; and the exports and deletions the controller asks for.
- Purpose(s) for which the personal data is processed on behalf of the controller: to provide hiy to the controller as hiy’s Terms describe: answering the people who talk to its agents, handing conversations over to its team, and keeping its conversations and contacts.
- Duration of the processing: for as long as the controller uses hiy, until the data is deleted as hiy’s privacy policy describes; when the contract ends, Clause 10(d) applies.
- For processing by (sub-) processors, also specify subject matter, nature and duration of the processing: Annex IV says what each sub-processor does; how long each keeps data is set by its own terms, linked there.
ANNEX III
Technical and organisational measures including technical and organisational measures to ensure the security of the data
Description of the technical and organisational security measures implemented by the processor(s)
- The database and sign-in run on Supabase, in the EU (eu-west-1).
- Anthropic’s and OpenAI’s models are called directly; other models are reached through Vercel AI Gateway, on zero-data-retention hosts only.
- The controller’s material trains no model, hiy’s or a shared one: it becomes an index searched at answer time.
- Credentials the controller stores for its actions are encrypted in Supabase Vault; every read by an action goes through one function that checks the credential is the controller’s and unrevoked, and logs it; replacing or removing one destroys the old ciphertext. hiy’s Trust page states what this does not protect against.
- Tokens that open an agent are signed with HMAC-SHA256, open one agent only, and are refused after one hour at most; signing secrets are derived, never stored.
- Facts the controller’s site attests about a person in a token are never written down.
- No one, the controller included, can open a Team Agent’s conversations per person.
- hiy keeps no identifier that joins one person’s visits.
- Deleting an agent, a person or the account deletes its data, with the exceptions hiy’s Trust page names. Deleted data stays in backups for up to 7 days.
- Security problems can be reported to security@hiy.ai.
- Certification: none. hiy holds no security certification.
Description of the specific technical and organisational measures to be taken by the processor to be able to provide assistance to the controller.
- In hiy, under Settings → Data & privacy, the controller can export everything, delete a person, an agent or the account, and set how long conversations are kept. hiy emails a receipt when an account is deleted.
- hiy passes a request it receives from a person to the controller. The controller authorises hiy to act on two kinds of request itself (Clause 8(a)): when Shopify tells hiy that a buyer asked to be erased or to see their data, hiy deletes or lists that buyer’s conversations; and when someone who wrote to the controller’s WhatsApp number asks hiy to delete what they wrote, hiy deletes those conversations and that number’s record with the controller, and confirms by email.
- hiy tells the controller of a personal data breach (Clause 9.2) without undue delay after becoming aware of it, by email to the account’s sign-in address; the contact point is security@hiy.ai.
For transfers to (sub-) processors, also describe the specific technical and organisational measures to be taken by the (sub-) processor to be able to provide assistance to the controller
- Each sub-processor’s data processing terms, linked in Annex IV.
ANNEX IV
List of sub-processors
The controller has authorised the use of the following sub-processors:
- Name: VercelAddress: see its termsContact person’s name, position and contact details: through its data processing terms, vercel.com/legal/dpaDescription of the processing: Hosting, AI gateway: Every request to the app and its reply; through its AI Gateway, what goes to the Google and DeepSeek models below.Where: hiy's server code runs in Dublin (dub1); Vercel may also process data outside the EEA, as its terms allowTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its termsReached only through Vercel's AI Gateway, for some models: Google (Models), Fireworks (DeepSeek models), Baseten (DeepSeek models), Microsoft Azure (DeepSeek models), DeepInfra (DeepSeek models), DigitalOcean (DeepSeek models). They get: Material and conversations, when a Google model runs; Material and conversations, when a DeepSeek model runs.Where and transfers: hiy calls none of them directly; see Vercel's terms.
- Name: SupabaseAddress: see its termsContact person’s name, position and contact details: through its data processing terms, supabase.com/legal/dpaDescription of the processing: Database: Everything hiy stores: accounts and sign-in, agents' material, conversations and contacts.Where: The database and sign-in are stored in the EU (eu-west-1); Supabase may also process data outside the EEA, as its terms allowTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms
- Name: AnthropicAddress: see its termsContact person’s name, position and contact details: through its data processing terms, www.anthropic.com/legal/data-processing-addendumDescription of the processing: Models: Material, to write an agent's summary, and conversations, to write answers.Transfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms
- Name: OpenAIAddress: see its termsContact person’s name, position and contact details: through its data processing terms, openai.com/policies/data-processing-addendum/Description of the processing: Models, search: Material and conversations, to write summaries and answers; every source, to make its search data.Transfers: see its terms
- Name: CloudflareAddress: see its termsContact person’s name, position and contact details: through its data processing terms, www.cloudflare.com/cloudflare-customer-dpa/Description of the processing: Network, page reading, bot check: Every visitor's network address and request; a page's address, to read a page that needs JavaScript; for the bot check, which we run as controller, the visitor's network address.Where: It may process data outside the EEA, as its terms allowTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms
- Name: ResendAddress: see its termsContact person’s name, position and contact details: through its data processing terms, resend.com/legal/dpaDescription of the processing: Email: Emails we send for you or your agents, and mail forwarded to an agent: addresses, messages and headers.Where: Mainly the US, as its terms sayTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms
- Name: ElevenLabsAddress: see its termsContact person’s name, position and contact details: through its data processing terms, elevenlabs.io/dpaDescription of the processing: Voice: Voice calls: speech, transcripts, and the caller's and called numbers; an owner's voice sample for a voice copy.Transfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms
- Name: TelnyxAddress: see its termsContact person’s name, position and contact details: through its data processing terms, telnyx.com/legal/data-processing-addendumDescription of the processing: Phone calls: Calls to a business's hiy number: the caller's and called numbers and the audio; the business details that register a number.Where: Mainly the US, as its terms sayTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914) with the UK Addendum, in its terms. Telnyx also says it is certified under the EU–US Data Privacy Framework and its UK Extension
- Name: MetaAddress: see its termsContact person’s name, position and contact details: through its data processing terms, www.whatsapp.com/legal/business-data-transfer-addendumDescription of the processing: WhatsApp: Messages to and from an owner's connected WhatsApp number, with the sender's number and profile name.Where: WhatsApp Ireland, which passes data to WhatsApp LLC and Meta Platforms, Inc. in the US, as its terms sayTransfers: The EU's standard contractual clauses (Decision (EU) 2021/914), in WhatsApp's Business Data Transfer Addendum; WhatsApp says it relies on the EU–US Data Privacy Framework for data it passes to the US
Not on this list: services the controller connects itself (Google Drive, Notion, Slack, HubSpot, Zendesk, Intercom, its own Stripe account, Shopify, an MCP server, an AI app, a webhook or an action’s own address). The controller chooses and instructs them, as hiy’s privacy policy describes.