Hococo - home of community communication
x
.webp)
Published: January 1st, 2022. Updated: March 24, 2025.
For the purposes of Article 28(3) of Regulation 2016/679 (the GDPR)
between
The data controller
and
Hococo ApS
CVR 39760061
Kigkurren 8F, Ground Floor
2300 København S
Denmark
(the data processor)
each a ‘party’; together ‘the parties’
HAVE AGREED on the following Contractual Clauses (the Clauses) in order to meet the requirements of the GDPR and to ensure the protection of the rights of the data subject.
1. These Clauses set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
2. The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 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).
3. In the context of the provision of processor's standard software, support and access to consultancy services as set forth in the SaaS Services Order Form (the "Agreement"), the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
4. The Clauses shall take priority over any similar provisions contained in other agreements between the parties.
5. Four appendices are attached to the Clauses and form an integral part of the Clauses.
6. Appendix A contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
7. Appendix B contains the data controller’s conditions for the data processor’s use of sub-processors and a list of sub-processors authorised by the data controller.
8. Appendix C contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any sub-processors are to be performed.
9. The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
10. The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
1. The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.
2. The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
3. The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
1. The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices A and C. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
2. The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
1. The Data Processor shall ensure that only those persons who are currently authorised to do so are able to access the personal data being processed on behalf of the Data Controller.
2. Only persons who require access to the personal data in order to fulfil the obligations of the Data Processor to the Data Controller shall be provided with authorisation.
3. The Data Processor shall ensure that persons authorised to process personal data on behalf of the Data Controller have undertaken to observe confidentiality or are subject to suitable statutory obligation of confidentiality.
4. The Data Processor shall at the request of the Data Controller be able to demonstrate that the employees concerned are subject to the above confidentiality.
5. The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
6. The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the above mentioned confidentiality.
1. The Data Processor shall take all the measures required pursuant to Article 32 of the General Data Protection Regulation which stipulates that with consideration for the current level, implementation costs and the nature, scope, context and purposes of processing and the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Data Controller and Processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
a. Pseudonymisation and encryption of personal data;
b. the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
c. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
d. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
1. The data processor shall meet the requirements specified in Article 28(2) and (4), GDPR in order to engage another processor (a sub-processor).
2. For the performance of the Principal Agreement (SaaS Agreement), the data processor engages external suppliers for certain tasks, such as IT operation, communications, data collection, etc. Through the Agreement, the data processor is given prior authorization to employ data processors through which personal data may be transferred to external suppliers in order for the data processor to be able to fulfil its obligations pursuant to the Principal Agreement. If such new sub processor is based outside of the EU/EEA, a transfer impact assessment (TIA) will be first performed by Hococo. Second, Hococo will notify the data controller 2 months in advance. The data controller will be able to refuse this change if it increases the risks for the data subjects/tenants. At the request of the data controller, the data processor undertakes without undue delay to provide a complete list of the specific external suppliers being used to process personal data for the data controller.
3. The data processor is responsible for ensuring that the sub-processor, through a written agreement or other legal act pursuant to Applicable Law, is bound to the same obligations in data-protection matters as laid down in this Agreement and for ensuring that the sub-processor provides sufficient guarantees that it will implement appropriate technical and organisational measures so that the data processing meets the requirements of the GDPR.
4. In the event of general written consent, the Data Processor shall inform the Data Controller of any planned changes with regard to additions to or replacement of other data processors and thereby give the Data Controller the opportunity to object to such changes.
1. Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.
2. In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
3. Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
a. transfer personal data to a data controller or a data processor in a third country or in an international organisation
b. transfer the processing of personal data to a sub-processor in a third country
c. have the personal data processed in by the data processor in a third country
1. Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.
This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:
a. the right to be informed when collecting personal data from the data subject
b. the right to be informed when personal data have not been obtained from the data subject
c. the right of access by the data subject
d. the right to rectification
e. the right to erasure (‘the right to be forgotten’)
f. the right to restriction of processing
g. notification obligation regarding rectification or erasure of personal data or restriction of processing
h. the right to data portability
i. the right to object
j. the right not to be subject to a decision based solely on automated processing, including profiling
2. In addition to the data processor’s obligation to assist the data controller, the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:
a. The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, the Danish Data Protection Agency, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
b. the data controller’s obligation to without undue delay communicate 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;
c. the data controller’s 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);
d. the data controller’s obligation to consult the competent supervisory authority, 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 data controller to mitigate the risk.
1. In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
2. The data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.
3. In accordance with Clause 9(2)(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:
a. 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;
b. the likely consequences of the personal data breach;
c. 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.
1. On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done so unless Union or Member State law requires storage of the personal data.
1. The data controller is entitled to audit directly or through an independent third party that the data processor conforms to the specifications of the Agreement and the instructions drawn up by the Data Controller. The Data Processor shall provide the Data Controller with the assistance and supply the documentation that is required to perform such an audit. All costs in connection with such an audit shall be held by the Data Controller.
1. The parties may agree to other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
1.The Clauses shall become effective on the date of both parties’ signature.
2. Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
3.The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
4. If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause 11.1. and Appendix C.4., the Clauses may be terminated by written notice by either party.
A.1. The purpose of the data processor’s processing of personal data on behalf of the data controller is:
The Parties have entered into an agreement whereby the data processor undertakes to provide IT services on behalf of the data controller. For the performance of services pursuant to the Principal Agreement (SaaS Agreement), the data processor will process personal data as well as other information on behalf of the data controller, including information on the data controllers’ tenants for the purposes of tenant/customer service, communication and marketing.
A.2. The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):
Hococo (SaaS) is a tenant experience and operations platform that among other things collects, prioritises and manages all tenant communication. Besides this, Hococo also ensures that both the tenant and landlord never loses track of the big picture, ensuring high service and trust in the process throughout the entire tenant lifespan - right from the first touchpoint till the very last.
Hococo automates and digitalises many of today’s manual processes in property management, thus creating great value for not only the property managers and administrators but also the tenants.
The processing will mainly involve hosting and operation of personal data contained in the software platform as well as personal data necessary for the provision of related support and consultancy services as agreed in the Principal Agreement.
A.3. The processing includes the following types of personal data about data subjects:
Waiting list/ Housing app /platform:
The processing comprises information in the form of name, email address, telephone number, address, nationality, accommodation preferences, age, gender, payment details (credit/debit card) and log-in information.
A.4. The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:
Reference is made to clause 6 of the Agreement (Term and termination).
B.1. List of sub-processors as of date:
Upon entry into force of the Regulations, the data controller has approved the use of the following sub-processors
C.1. The subject of/instruction for the processing
The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:
The services specified in the Agreement, including providing a standard software platform and provision of support and consultancy services related thereto.
Hococo offers a waiting list. When the tenants sign up on the waiting list, they will be asked for a number of personal information. This information is required so the data controller can contact the tenants with housing offers, inform them about news related to their home search and register them as a tenant.
As part of a tenant signing up for the waiting list, the waiting list may collect the following information: Name, address, e-mail address, telephone number, information about spouse / partner and the number of children.
The information will be processed in the Hococo platform which is connected to the tenant app.
If no use of waiting list the personal information about the tenants is directly stored in the platform and app through the integration of a property management system or by manually updating data.
The personal information the tenants have provided when wanting to lease an apartment will be used in connection with the administration of tenants in the Hococo.
C.2. Security of processing
We consider this to be a low risk constellation and that appropriate measures for processing personal data have been observed.
The level of security taking into account:
The data processor undertakes to limit access to personal data to those individuals who require such access to do their work. The data processor shall ensure that any persons with access to personal data have accepted that they will observe professional secrecy and that they are informed of how to process the personal data.
The data processor undertakes to adopt all measures which are required pursuant to Article 32 of the GDPR, stipulating that the data processor shall adopt appropriate technical and organisational measures to guarantee a level of security that is appropriate proportionate to the risk and, in addition, in relation to the sensitivity of the personal data concerned, the separate risks that exist, available technical options, and the costs of implementing the measures.
In this connection the following measures have been taking into account:
In case of a breach the data processor can provide the following data:
We employ appropriate technical and organisational security measures to help protect personal data against loss and to guard against access by unauthorised persons. Appropriate security measures we have taken include:
We regularly review our security policies and procedures to ensure our systems are secure and protected
C.3. Assistance to the data controller
The data processor shall insofar as this is possible - within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause 9.1. and 9.2. by implementing the following technical and organisational measures:
Provide assistance as described in the attached/enclosed documentation containing Hococo's technical and organisational measures.
C.4. Storage period/erasure procedur
Upon termination of the service relating to the processing of personal data, the data processor must return and then delete the personal data in accordance with provision 11.1, unless the data controller – after signing these provisions – has changed the data controller's original choice. Such changes must be documented and stored in writing, including electronically, in connection with the regulations.
C.5. Processing location
Processing of the personal data under the Clauses cannot be performed at other locations ( the listed in section B.1) without the data controller’s prior written authorisation:
In the EU or at Sendgrid Inc., 1801 California St #500, Denver, CO 80202, USA. Please see the list of sub-processors in appendix B.
C.6. Instruction on the transfer of personal data to third countries
If the data controller does not in these Regulations or subsequently give a documented instruction regarding the transfer of personal data to a third country, the data processor is not entitled to carry out such transfers within the framework of these Regulations.
Transfer of email may be processed by Sendgrid Inc., 1801 California St #500, Denver, CO 80202, USA.
C.7. Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor
The data controller can (at the data controller’s expense) request for an auditor's report from an independent third party concerning the data processor's compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses (for example ISAE 3402 type 2 and ISAE 3000 type 2).
The auditor's report shall be submitted to the data controller for information. The data controller may contest the scope and/or methodology of the report and may in such cases request a new audit/inspection under a revised scope and/or different methodology. All costs in connection with audit/inspection shall be held by the data controller.
Based on the results of such an audit/inspection, the data controller may request further measures to be taken to ensure compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.
The data controller or the data controller's representative shall in addition have access to inspect, including physically inspect, the places where the processing of personal data is carried out by the data processor, including physical facilities as well as systems used for and related to the processing. Such an inspection shall be performed, when the data controller deems it required. A written notice shall be given to the data processor prior to a physical inspection.
C.8. Procedures for audits, including inspections, of the processing of personal data being performed by sub-processors
The data processor can upon request yearly make available to the data controller information necessary to demonstrate the sub-processor's compliance with the GDPR, the applicable EU or Member State data protection provisions and the Clauses.
We point out that in most respects Hococo is only a data processor, and therefore act on the instructions of your landlord, but in some few cases we will act as the data controller (please see previous paragraph).
In the situation where we are the data controller and you wish to exercise any of your rights set above please contact us.
Our contact details:
Hococo ApS, Kigkurren 8F, Ground Floor, 2300 Copenhagen, CVR no. / VAT no. 39760061 where you are encouraged to contact Hococo’s Data Protection Advisor: katrine@hococo.io. Please be aware that we might ask you to contact your Landlord if we are not the data controller.
Alternatively, you are entitled to file a claim with the data protection authority in your country.
