Public procurement evidence · reviewed 4 September 2026
Sealkeep Data Processing Agreement — public template
This template is available for pre-contract inspection and customer review. It is not legal advice, a certification, or a claim that one document alone establishes GDPR compliance. The signed DPA identifies the customer, selected deployment, applicable law, processing annexes, verified Subprocessors, retention terms, and transfer mechanism.
1. Roles and scope
Customer is the controller and HM Software LLC is the processor only to the extent HM Software LLC processes Customer Personal Data on Customer's behalf. In a fully self-hosted deployment, HM Software LLC does not become a processor of deployment data solely because its software runs in customer-controlled infrastructure.
Customer Personal Data will be processed only to provide, secure, support, and terminate the selected service; on documented customer instructions; or as required by applicable law, with notice where legally permitted.
Sealkeep will not sell Customer Personal Data, use it for behavioural advertising, or use plaintext coding-agent transcripts to train a general-purpose model. The hosted design is not intended to give Spala the keys needed to decrypt archives. Encrypted personal data is not described as anonymous merely because Spala lacks a decryption key.
2. Confidentiality and security
Authorised personnel and contractors must be subject to confidentiality obligations and limited to access needed to perform the agreement. Appropriate technical and organisational measures are described in the separately inspectable TOMs sample and completed for the selected deployment.
For self-hosted operation, the customer is responsible for its runtime, network, PostgreSQL, object storage, identity, backups, monitoring, patch deployment, region, retention, and deletion controls.
3. Subprocessors
The customer provides general written authorisation for verified Subprocessors listed in the agreement's annex for the selected hosted service. Customer-selected and customer-contracted infrastructure is not appointed by HM Software LLC merely because Sealkeep interoperates with it.
The intended change process provides at least 30 days' notice before a new applicable Subprocessor begins processing Customer Personal Data and allows an objection on reasonable data-protection grounds. Exact notice and remedy terms are finalised in the signed agreement.
4. Assistance and rights requests
Taking into account the nature of processing, HM Software LLC will reasonably assist the customer with rights requests, security obligations, breach assessments, DPIAs, and regulatory consultation.
Spala cannot search inside or selectively alter archive content for which it has no decryption key. It can assist with account-linked metadata or deletion of identified ciphertext where the selected service exposes that capability. The customer retains its endpoint tools and keys for content search, export, correction at source, re-archival, and deletion.
5. Personal-data incidents
HM Software LLC will notify the affected customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data. The notice will include available facts about the event, affected data, likely consequences, mitigation, and a contact point. A numerical notification target applies only if it is separately agreed and operationally supported.
6. Return and deletion
On termination or valid instruction, HM Software LLC will return or delete Customer Personal Data under its control unless applicable law requires retention. Active system and backup-expiry periods must be stated in the signed order form. The public sample does not represent that an unverified backup-expiry schedule is automated.
The customer controls deletion from its endpoints, PostgreSQL, object stores, logs, snapshots, and backups in self-hosted operation.
7. International transfers
Processing locations and applicable transfer safeguards must be completed from the verified Subprocessor register for the selected service. Where a restricted transfer requires Standard Contractual Clauses or another transfer mechanism, the signed DPA will incorporate the applicable terms before the transfer occurs.
8. Audit and information
HM Software LLC will provide information reasonably necessary to demonstrate the contracted processing obligations. Audit scope, confidentiality, frequency, cost, independent reports, remediation, and customer on-site rights are completed in the signed agreement. Internal tests are not represented as independent certification.
Annexes required for signature
- Parties, subject matter, duration, purposes, data categories, and data subjects.
- Selected deployment and technical and organisational measures.
- Verified Subprocessors, locations, and transfer safeguards.
- Customer instructions, retention, deletion, support access, and contacts.
Legal review: legal@spala.ai Privacy review: privacy@spala.ai