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As of: August 2026
This agreement governs how Herr Informatik GmbH processes personal data on behalf of the Customer when it operates the Kisuno service as a managed service. It follows Art. 28 GDPR and Art. 9 of the revised Swiss Federal Act on Data Protection (revised FADP, German abbreviation DSG) and consists of seventeen sections and two annexes.
The parties to this agreement are Herr Informatik GmbH, Klosterzelgstrasse 1a, 5210 Windisch, company identification number CHE-112.168.836 (hereinafter “the Provider”), and the Customer. “Kisuno” is the name of the service and not a party to this agreement. The subject matter is the processing of personal data on behalf of the Customer in the managed operation of the service. The Customer is the controller (Art. 4(7) GDPR, Art. 5(j) revised FADP) and decides on the purposes and means; the Provider is the processor. The Provider is a controller in its own right solely for its billing data, for the security and operating logs of its own infrastructure, for the contact details of the contractual points of contact and for statutory record-keeping duties; its privacy policy applies to those. This agreement takes precedence over the General Terms and Conditions; the deemed-approval provision under clause 12 of the General Terms and Conditions does not apply to it. Annexes 1 and 2 in their dated version and the list of subprocessors form part of this agreement. This agreement uses the terminology of the GDPR and of the revised FADP with the same meaning; the terms processor and subprocessor cover the corresponding roles under both bodies of law.
This agreement applies to the managed operation on the Provider’s infrastructure. Where the Customer self-hosts the open source software on its own infrastructure, no data flows to the Provider; no processing on behalf of the Customer arises, and this agreement remains without object for as long as no operating or support services involving access to data are agreed separately. The managed service is released. Measures that are not implemented today are not warranted.
The service is not designed for special categories of personal data (Art. 9 and Art. 10 GDPR) or for sensitive personal data (Art. 5(c) revised FADP). Without a separate written agreement on additional safeguards, the Customer may not introduce such data and shall instruct its users accordingly. The service does not technically prevent such input. If such data nevertheless enters the service, the same technical and organisational measures apply as for all other content; the Customer is answerable for its admissibility. Customers subject to professional or official secrecy (including Art. 321 of the Swiss Criminal Code and Art. 47 of the Swiss Banking Act) may use the service only on the basis of a separate written agreement.
The Customer issues instructions in text form to info@herr-informatik.ch. The configuration in the admin panel also counts as a documented instruction, in particular retention periods, model selection, connections and permissions, web search and the memory function, and the export and deletion of individual persons. The Provider documents the instructions it receives. Instructions within the agreed scope of services and within the settings provided for in the admin panel are covered by the fee. The Provider implements instructions going beyond that only in so far as this is technically and legally possible and reasonable for it, and against remuneration on a time and materials basis. Where implementation is not possible or not reasonable, the Provider shall say so; there is no obligation to implement. If, in the Provider’s view, an instruction infringes the GDPR, the revised FADP or other data protection provisions, it shall inform the Customer without delay (Art. 28(3), second subparagraph, GDPR). It may suspend execution of the instruction concerned until the matter is clarified, without thereby being in breach of contract. If the Customer insists on a manifestly unlawful instruction, the Provider may refuse to execute it and terminate the affected part of the services.
The Customer is responsible for the lawfulness of the collection and of its instructions, has its own legal basis and informs the data subjects. It administers accounts, roles and permissions and blocks users who have left. It is responsible for the connections it configures, for the service accounts stored there and the scope of their permissions, and for model endpoints it integrates. It warrants that no statutory or contractual duty of confidentiality stands in the way of the processing (Art. 9 revised FADP) and shall notify any such duty arising later without delay. Before the processing begins, the Customer has satisfied itself that the Provider is able to guarantee data security; Annex 2 and the information in the Trust Center serve this purpose. The Provider processes the data only as the Customer itself would be permitted to process it (Art. 9 revised FADP).
The Provider uses only persons who are bound to confidentiality or subject to an appropriate statutory duty of secrecy (Art. 28(3)(b) GDPR). The undertaking is given in text form before the activity begins, continues in force without time limit after the employment or engagement ends, and is evidenced on request. The persons used are trained in data protection.
The Provider takes the measures required under Art. 32 GDPR and Art. 8 revised FADP; the details are set out in Annex 2. It may adapt them to the state of the art without falling below the agreed level of protection. The following is warranted: transmissions over public networks between the user device and the service, and between the components of the service, are encrypted according to the state of the art. At rest, encryption of the storage media is part of the server provisioning; encryption of individual records at application level beyond that is not warranted. Each customer receives its own stack (database, search index, file storage, configuration, network, inference key). The dividing line is this stack and not the physical machine; several customers may share a machine, with container images and an upstream reverse proxy being used in common. Subsequent interference with the log of administrator actions becomes apparent; technical immutability is not warranted. Where the identity of the person is passed through into a connected target system, the Provider’s logging ends at the system boundary, and the logging of the target system applies. Operation takes place in data centres certified to ISO 27001; that certification is held by Green, not by the Provider, and is not a technical measure of its own. The Provider holds no certification of its own today; no SOC 2 report is available. An egress proxy with an allow list, the highest isolation level of the code sandbox and automatic account provisioning via SCIM are not subject matter of this agreement and are not warranted.
The Provider engages subprocessors only with the Customer’s prior authorisation; for the bodies set out in the list of subprocessors the Customer grants that authorisation upon conclusion of this agreement. The Provider announces a change 30 days in advance in text form, stating the name, legal entity, registered office, purpose and transfer basis; the Customer may object within 14 days of receipt on a data protection ground. If the Customer objects in time and with reasons, the parties shall seek a solution for 30 days. If none is reached, either party may terminate the affected part of the services with effect from the end of the current billing period; fees paid in advance are refunded pro rata for the period not used. The Customer has no further claims. The Provider imposes on each subprocessor in writing essentially the same obligations as this agreement imposes on it (Art. 28(4) GDPR). Where a subprocessor fails to fulfil its data protection obligations, the Provider remains liable to the Customer for that subprocessor’s conduct as for its own. Components that the Provider operates on its own infrastructure are not subprocessors; this applies to the self-hosted search service.
Storage and operation take place in Switzerland, model inference in the EU or the EEA; the bodies used are set out in the list of subprocessors. The models from OpenAI (ChatGPT) and Anthropic (Claude) run in the AWS data centre in Frankfurt; the subprocessor for this is Amazon Web Services EMEA SARL. AWS is a US company, so the US CLOUD Act applies even with servers in Frankfurt, and the Provider says so openly. For customers with higher data-protection requirements, open frontier models such as GLM, Kimi and DeepSeek are available, operated by European companies on servers in Europe; the CLOUD Act does not apply there. Two exceptions are identified. Web search queries are forwarded to external search engines without user identity and may in doing so leave the EU, EEA and Swiss area; the statement that everything remains in Europe applies to storage and inference, not to the search query itself. An additional model provider outside Europe can be integrated. Where that is the case in the Customer’s instance, the EU warranty does not apply to that provider, and the transfer basis lies with the Customer as controller. For Switzerland there is an adequacy decision of the European Commission, and for the EEA States a basis under Art. 16 revised FADP; where the registered office is outside that area, the transfer is based on the European Commission’s standard contractual clauses together with an assessment of the legal situation in the destination country, and in addition on a separate Swiss basis. Without an instruction from the Customer, the Provider transfers data only where it is legally obliged to do so; in the event of an order to hand over data it reviews the lawfulness of that order, exhausts the legal remedies that can reasonably be expected, limits disclosure to what is legally required and notifies the Customer as early as this is permitted.
The Provider does not use Customer data for the training or improvement of models and does not pass it on for that purpose. Whatever model is chosen: inputs and uploaded data are neither stored by the model provider nor used for training. One exception is stated openly: AWS automated abuse detection. It can flag messages, for instance on signs of attacks, malicious code or prohibited content. AWS retains flagged messages for up to 30 days with the GPT models, and all requests with Claude Fable 5 and 5.1, to review and stop misuse; for the other Claude models no retention is preconfigured. Retained data stays with AWS in the processing region; none of it is shared with the model providers or used for training. Where the Customer integrates a model endpoint of its own, that endpoint’s terms apply; the Provider’s undertaking does not extend to that endpoint.
The Provider assists the Customer, in so far as possible and taking into account the nature of the processing, in complying with requests from data subjects (Art. 28(3)(e) GDPR). For that purpose the service provides data export and per-person deletion in the admin panel, including full deletion; the Customer carries out these operations itself. Where a data subject approaches the Provider directly, the Provider forwards the request to the Customer and informs the data subject of this. Where the functions of the service are not sufficient in an individual case, the Provider assists in so far as possible against remuneration on a time and materials basis. In relation to a data protection impact assessment and any prior consultation (Art. 35 and 36 GDPR, Art. 22 and 23 revised FADP), it assists taking into account the information available to it and makes available the information in its possession, as a rule: processing operations and data flows, subprocessors and third country connections, technical and organisational measures, retention and deletion. Assistance of the usual extent is covered by the fee; where the effort clearly exceeds that measure, the Provider charges for it at the agreed rates, after prior notification of the expected effort. If the Customer maintains its request, the remuneration is deemed agreed.
The Provider notifies the Customer of a personal data breach in text form to the body designated by the Customer, without delay and at the latest within 48 hours after the Provider has obtained confirmed knowledge of a breach within the meaning of Art. 4(12) GDPR. The notification contains the information referred to in Art. 33(3) GDPR in so far as it is available to the Provider; it is supplemented on an ongoing basis. The notification is not an acknowledgement of a breach of duty. Notification to the competent supervisory authority in the EU (Art. 33 GDPR), notification to the EDÖB (Art. 24 revised FADP, which applies a higher risk threshold and sets no fixed deadline) and communication to the data subjects are incumbent on the Customer.
The Provider makes available to the Customer the information necessary to demonstrate compliance with Art. 28 GDPR and allows for reviews (Art. 28(3)(h) GDPR); it provides information in text form within 30 days. The Customer may carry out one audit per calendar year itself or have it carried out by an auditor, with 30 days’ prior notice and during ordinary business hours. Following a notifiable incident affecting this Customer’s data, or upon order of a supervisory authority, an unscheduled audit is permissible. The auditor is bound to secrecy and may not be a competitor of the Provider. Certificates, audit reports and attestations replace an on-site inspection in so far as they cover the purpose of the review; they do not exclude an inspection where open points remain. In relation to subprocessors, the Provider secures these rights for the Customer by contract or may, at its option, carry out the review on the Customer’s behalf. The Customer bears the costs of the review. The Customer remunerates the Provider’s effort for preparation, attendance and follow-up at the agreed rates. Where the occasion for the review is a breach of duty for which the Provider is responsible, it bears its own effort. On request, the Provider cooperates with the EDÖB and with the competent supervisory authority; the point of contact is info@herr-informatik.ch. It maintains a record of the categories of processing activities (Art. 30(2) GDPR, Art. 12 revised FADP) and makes available, on request, the entries relating to the Customer. In so far as it is subject to the obligation under Art. 27 GDPR, it designates a representative in the Union and identifies that representative in its legal notice.
This agreement begins and ends with the main contract; its obligations continue in force until return and deletion are completed, and the confidentiality obligations without time limit. The Customer sets the retention period in the admin panel; setting and changing that period counts as an instruction. No period is set by default: without a period set, conversations remain stored until users or the administration delete them; where a period is set, expired conversations are removed together with their messages, shared links and search index entries. Billing data is not covered by that period. After the agreement ends, the Customer chooses between return and deletion (Art. 28(3)(g) GDPR). If the Customer gives no notice by the end of the term, the Provider deletes. An export can be requested up to 30 days after the agreement ends, in a common, machine-readable format chosen by the Provider; in the standard scope it is free of charge, further preparation on a time and materials basis. Data in backup copies is not deleted individually; it expires with the respective backup cycle, at the latest within six months of the end of the agreement. Until then it remains blocked and is processed exclusively for recovery in an emergency. Excepted from deletion are the audit and access logs, the billing data and data subject to a statutory retention obligation; these are blocked and deleted once the obligation expires. On request, the Provider confirms the deletion in text form.
For damage arising from the processing of personal data, the mandatory statutory provisions take precedence, in particular Art. 82 GDPR. In all other respects, clause 10 of the General Terms and Conditions applies. The Provider’s liability under and in connection with this agreement is limited, per damaging event and in aggregate per contract year, to the fee that the Customer paid in the twelve months before the event giving rise to the damage. The limitation does not apply to intent and gross negligence, nor where a limitation is not legally permissible. The Provider bears fines and sanctions imposed on the Customer only to the extent of its share of responsibility under Art. 82(5) GDPR. The Provider is not liable for damage arising from the Customer’s instructions, from its configuration, from model endpoints integrated by it or from content that it has introduced contrary to section 3; the Customer shall indemnify the Provider accordingly.
Swiss law applies, to the exclusion of its conflict of laws rules. The exclusive place of jurisdiction is Windisch, Canton of Aargau, in so far as legally permissible. The mandatory places of jurisdiction of data subjects, in particular under the Lugano Convention, the competence of the supervisory authorities and the direct applicability of the GDPR are reserved. This agreement exists in five languages; the German version prevails.
Amendments and supplements require text form and the consent of both parties. Excepted from this are the updating of the list of subprocessors in accordance with the procedure agreed for that purpose and the further development of the technical and organisational measures within the limits of the prohibition on deterioration. As of: August 2026, version 1.0.
Purposes: operation of the chat and assistance function, forwarding of inputs to the inference provider in order to generate responses, web search with source references, calls to connected systems via the MCP gateway and via direct connections, generation of files, searchability via a search index, automated storage of memory entries, logging of use and administration, data backup, fault resolution and support, billing. Operations: collection, recording, organisation, storage, adaptation, retrieval, consultation, use, disclosure by transmission to subprocessors, combination, restriction, erasure and destruction. Categories of data: user inputs including attachments and the responses generated, account and profile data, usage metadata (timestamps, model selection, token counts), billing data, audit and access logs including the logs of administrator actions, content read from connected systems at the users’ request (for instance ERP, SharePoint, file storage), web search queries, and memory entries that the service derives from conversations and stores without a separate action by the users. Data subjects: the Customer’s employees and its auxiliary personnel, business contacts, the Customer’s customers, suppliers and their employees, applicants, and all other persons mentioned in texts, in attachments or in content of connected systems. Within the scope of this agreement the Provider takes no automated decisions within the meaning of Art. 22 GDPR; whether outputs of the service are used for such decisions is determined by the Customer alone.
Access: access to the Customer’s systems is granted only to individually named persons of the Provider, in so far as this is necessary for operation, maintenance, fault resolution or support; on request the Provider names this group. Every administrative access is logged. Access to user content takes place only at the Customer’s request or in order to resolve a specific fault, as a rule under the four eyes principle; where an emergency requires immediate intervention, this may be departed from, which is documented afterwards. Logs: the log of administrator actions is chained, each entry carries a checksum over the preceding one, and a built-in check reports a broken chain; the Customer can inspect these logs and export them as CSV. Level of protection: pseudonymisation in so far as compatible with the purpose; encryption of the transmission and of the storage media; confidentiality, integrity, availability and resilience of the systems; rapid restoration after an incident; regular review of effectiveness; separation of customers in accordance with section 7; regular backup copies. This annex applies in its respective dated version.
Note: this text does not constitute legal advice. It becomes binding upon signature by both parties or upon acceptance within the framework of the main contract.
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