Data Processing Agreement for Companies

This Data Processing Agreement ("DPA") is entered into between It's Complicated (Mittelweg 50 Berlin GmbH) and the company that has entered into a Workplace Mental Health Programme Contract with It's Complicated ("Company"). It governs the processing of personal data by It's Complicated on behalf of the Company in accordance with Art. 28 GDPR. Unless otherwise agreed in writing between the parties, this DPA forms part of, and enters into force together with, the Workplace Mental Health Programme Contract concluded between the Company and It's Complicated.

SECTION I: Introduction

Clause 1 – Purpose and scope

a) 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).

b) 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.

c) These Clauses apply to the processing of personal data as specified in Annex II.

d) Annexes I to IV are an integral part of the Clauses.

e) 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.

f) 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

a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.

b) 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

a) 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.

b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.

c) 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 – Docking clause

a) 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.

b) 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.

c) 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

a) 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.

b) 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

a) 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.

b) 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

a) The Parties shall be able to demonstrate compliance with these Clauses.

b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.

c) 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.

d) 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.

e) 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

a) 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 4 weeks 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.

b) 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.

c) 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.

d) 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.

e) 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

a) 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.

b) 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

a) 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.

b) 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.

c) 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:

1) 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;

2) 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;

3) 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;

4) the obligations in Article 32 of Regulation (EU) 2016/679.

d) 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:

a) 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);

b) 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:

1) 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;

2) the likely consequences of the personal data breach;

3) 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.

c) 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) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);

b) the details of a contact point where more information concerning the personal data breach can be obtained;

c) 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 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

a) 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.

b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:

1) 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;

2) 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;

3) 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.

c) 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.

d) 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):

The company that has entered into a Workplace Mental Health Programme Contract with It's Complicated ("Company" or "Controller"). The Company's name and contact details are set out in that underlying contract.

Processor(s):

Name: Mittelweg 50 Berlin GmbH (brand name "It's Complicated")
Address: Mittelweg 50, 12053 Berlin, Germany
Email: privacy@complicated.life
Website: www.complicated.life

Data Protection Officer:

Name: DataCo GmbH (acting as external Data Protection Officer)
Address: Sandstrasse 33, 80335 Munich, Germany
Email: datenschutz@dataguard.de
Website: www.dataguard.de

Entry into force: Unless otherwise agreed in writing between the parties, this DPA forms part of, and enters into force together with, the Workplace Mental Health Programme Contract concluded between the Company and It's Complicated.

Handling of data subject requests: Where a data subject submits a request to exercise their rights (including deletion requests) to It's Complicated, It's Complicated will notify the Company without undue delay where the request concerns data for which the Company acts as data controller. The Company remains responsible for responding to and fulfilling such requests in respect of data under its control within the statutory deadline of 30 days. It's Complicated will handle requests relating to data under its own control independently.

ANNEX II: Description of the processing

1. Roles and data ownership

It's Complicated operates as a platform connecting independent mental health professionals ("therapists") with people seeking mental health support ("clients"), including employees accessing the service through our Workplace Mental Health Programme ("employees"), offered to them by their employer ("B2B partner"). Depending on the type of data, personal data processed as part of this relationship generally falls into three categories, each governed by a different controller relationship:

• Platform-level data and general usage data is controlled by It's Complicated. This includes visitor and marketing data (e.g. IP address, device and browser information, cookies), data related to matching employees with the right therapist (e.g. session preferences, language, location, therapy topics), registration and account data (e.g. email address, name, password, language, time zone), and contact and support requests (e.g. name, contact details, and the content of your inquiry). This is governed by our general privacy policy, where you can find more details on the specific data collected, its purpose, legal basis, and retention periods.
• Clinical data is controlled independently by the respective therapist, who determines the purposes and means of processing this data. This includes messages exchanged between the therapist and the employee, appointment data, session notes, and any other type of clinical records created as part of the counselling process. For this type of data, It's Complicated acts as a processor to the therapist for certain platform features that support this relationship. In accordance with GDPR, this controller-processor relationship is governed by a separate DPA we hold with every therapist on the platform, and is also explained in Section 2 of our general privacy policy.
• Workplace Mental Health Programme administration data is controlled by the B2B partner, with It's Complicated acting as processor for this category. This includes data that grants employees access to or tracks usage of free sessions as part of the Workplace Mental Health Programme. In other words, data that allows us to link an appointment to the Workplace Mental Health Programme and identify a user as somebody who is eligible to take part in the programme.

Note: This DPA governs only the third category (Workplace Mental Health Programme administration data). It does not extend to, alter, or diminish the independent controllership therapists hold over clinical data, regardless of whether a client accesses the platform as an employee through the Workplace Mental Health Programme or independently as a B2C client.

2. Categories of data subjects

As part of this DPA, It's Complicated processes data for anyone the Controller gives access to through the Workplace Mental Health Programme. Depending on how a company sets up their programme, this may include:

• Employees, contractors, freelancers, or other members of the Controller's workforce
• Family members, partners, or other users the Controller chooses to include
• HR managers or any other authorised personnel to manage the programme and access the Dashboard

3. Categories of personal data processed

Based on the Roles and Data Ownership section above, the data It's Complicated processes on the Controller's behalf includes:

• Programme enrolment data: Which accounts are associated with the Controller's programme (e.g. via the company access code or a unique employee participation number), used to administer eligibility, track usage, and support billing.
• Programme reporting data: Aggregated or de-identified usage statistics and insights, made available to the Controller via the HR Dashboard*
• Administrator account data: Admin account data for anyone the Controller sets up to manage the programme and access the HR Dashboard

*Employees are identified to the Controller only by a participation number. It's Complicated does not disclose employees' names, email addresses, ages, genders, or other direct identifiers to the Controller, and the mapping between a participation number and an individual's platform account is held solely by It's Complicated. It is not disclosed to the Controller and is not subject to the Controller's instructions. Employee feedback data is collected by It’s Complicated, and the Controller receives only aggregated insights derived from them.

Note: Therapist-controlled clinical data such as therapy notes, messages, session content, and any other clinical records created as part of the therapist–client relationship are excluded from the processing It's Complicated carries out on the Controller's behalf. The Controller has no technical or physical access to this data through our platform.

Sensitive data and how we protect it

We understand that some of the data underlying the Workplace Mental Health Programme relates to health and may therefore qualify as a special category of personal data under Article 9 GDPR. Clinical data such as notes, messages, or session content is controlled by the respective therapist and is never processed on the Controller’s behalf. Programme reporting data described above is provided to the Controller only in aggregated or de-identified form. However, regardless of who controls this data, we apply strong technical and organisational measures to protect all data across our platform. You can find more information in our privacy policy, on our security page, and in Annex III of this DPA.

4. Purpose of processing

• Managing employee eligibility and access to the programme on the Controller's behalf
• Generating aggregated or de-identified usage statistics and mental health insights for the Controller in the HR Dashboard
• Helping the Controller keep track of reporting and billing for the programme
• Keeping the underlying systems secure and reliable
• Providing technical support to the Controller, including fixing bugs and resolving issues with the platform

5. Duration of processing

We process the Controller's data for as long as our commercial relationship runs, including any pauses or gaps in an active programme (e.g. between session packages). We don't apply a fixed retention period, and we keep data for as long as it's needed to support the business relationship with the Controller and delete or de-identify data only once the relationship formally ends, whether through contract termination, non-renewal, or a request from the Controller. If an employee deletes their account on It’s Complicated, we delete or anonymise all of their personal data as outlined in our privacy policy. However, their anonymised programme participation data that is controlled by the Controller is retained for billing and reporting purposes (e.g. to keep track of used and remaining sessions).

ANNEX III: Technical and organisational measures

1. Measures of pseudonymisation and encryption of personal data

• All user passwords are hashed using bcrypt before storage. Passwords are never stored or logged in plaintext.
• All session tokens, password reset tokens, and verification codes are stored as cryptographic hashes. A database breach does not expose usable tokens.
• All data in transit is encrypted via SSL/TLS. The platform enforces HTTPS-only connections.
• All data at rest is encrypted using AWS-managed encryption (RDS storage encryption, S3 server-side encryption) in the EU-Central-1 (Frankfurt) region.
• Video sessions use WebRTC with mandatory encryption, ensuring encrypted video and audio transmission between participants.
• All primary data storage is in EU data centres (AWS EU-Central-1, Frankfurt). Where personal data is processed by subprocessors outside the EU (see Section 18), appropriate GDPR safeguards are in place, including Standard Contractual Clauses.
• When users delete their accounts, personal data is anonymised after a grace period (allowing account recovery). Anonymisation replaces identifiable fields with random identifiers, so the remaining records contain no direct identifiers. A one-way hash of the original email address is retained in the deletion audit log solely as evidence that the deletion was carried out (see Section 9). GDPR right-to-be-forgotten requests are processed immediately without the grace period.

2. Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services

• Infrastructure is hosted on AWS Elastic Beanstalk with managed scaling, health monitoring, and automated instance replacement.
• The primary database runs on Amazon RDS with Multi-AZ deployment for automatic failover and high availability.
• Application access is controlled through role-based authorisation. Users are assigned roles (client, therapist, admin) with different permission levels and data access scopes.
• API access is controlled through OAuth 2.0 scopes. First-party applications receive full API access; third-party integrations receive restricted scopes.
• All authentication endpoints are protected by layered rate limiting (per-IP, per-user, and global) to prevent brute force and credential stuffing attacks.
• Bot protection is implemented using managed CAPTCHA on registration and password reset endpoints.
• Signup fraud detection performs real-time email reputation checks, disposable email detection, and IP risk assessment.
• An admin-controlled signup kill-switch allows immediate disabling of all new registrations in the event of an attack.

3. Measures for ensuring the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident

• Amazon RDS automated backups are enabled with point-in-time recovery capability.
• File storage (S3) uses versioning, allowing recovery of accidentally deleted or overwritten files.
• Infrastructure is managed by AWS, which provides redundant power, networking, and cooling across availability zones within the EU-Central-1 region.
• The engineering team operates fully remotely, ensuring incident response capability is not dependent on access to a single physical location.

4. Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures

• External security consultants are engaged periodically to review the authentication system and overall security posture.
• Automated test suites cover authentication flows, authorisation checks, rate limiting, and data deletion workflows. Tests run on every code change before deployment.
• Staging and production environments are fully separated. All changes are tested in staging before production deployment.
• Application errors and exceptions are monitored in real time with alerts for new and recurring issues.
• Infrastructure metrics are monitored via AWS CloudWatch with configured alarms.
• Security events are logged and reviewed (see Section 9), providing ongoing visibility into authentication-related activity and potential threats.
• A documented threat model identifies attack vectors against the authentication system and maps them to existing defences, with a defined review schedule.

5. Measures for user identification and authorisation

• Authentication is self-hosted within the EU. User credentials are stored in the platform's own database, not with a third-party identity provider.
• Password policy enforces complexity requirements (length, character mix). Passwords are validated against a known-breached-passwords database using k-anonymity (the password itself is never transmitted). Known common passwords are rejected via a blocklist. Password strength is evaluated using an established strength estimation library.
• Two-factor authentication (login verification) is available to all users. When enabled, a time-limited single-use code is sent to the user's email on every login.
• WebAuthn passkeys are supported for phishing-resistant authentication via Face ID, Touch ID, or hardware security keys. Passkey credentials are bound to the legitimate domain and cannot be phished.
• OAuth 2.0 is used for session management with short-lived access tokens and rotating refresh tokens. Reuse of a revoked refresh token triggers a security event.
• Rate limiting is applied to all authentication endpoints (login, verification codes, passkey authentication) with temporary lockouts scoped per user+IP to prevent denial-of-service against legitimate users.
• Configurable idle timeout automatically signs users out after a period of inactivity.

6. Measures for the protection of data during transmission

• All communications between clients (browsers, mobile devices) and servers are encrypted using SSL/TLS. The platform enforces HTTPS-only.
• Authentication tokens are stored in httpOnly cookies, preventing token theft via cross-site scripting (XSS) attacks.
• Video sessions between therapists and clients use WebRTC with mandatory encryption.
• Transactional emails are sent using TLS-encrypted SMTP connections.
• All API communication with third-party services uses HTTPS.

7. Measures for the protection of data during storage

• All infrastructure is hosted in AWS EU-Central-1 (Frankfurt) data centres.
• Database storage is encrypted at rest using Amazon RDS encryption.
• File storage is encrypted at rest using Amazon S3 server-side encryption.
• All session and refresh tokens are stored as cryptographic hashes. A database breach does not expose usable session tokens.
• Passwords are hashed using bcrypt, a computationally expensive algorithm designed to resist brute-force cracking.
• Password reset tokens and verification codes are stored as cryptographic hashes and are single-use with short expiration times.
• Data is classified into tiers: clinical data (therapist-controlled client records, session notes, appointments, and messages exchanged between therapist and client), personal data (user accounts, profiles), operational data (invoices, payment records), and public data (directory listings). Access controls and retention policies are applied according to classification.

8. Measures for ensuring physical security of locations at which personal data are processed

• It's Complicated is a fully remote company with no physical office premises. There are no on-site servers or physical data storage locations.
• All personal data is stored in AWS EU-Central-1 (Frankfurt) data centres. AWS manages all physical security measures for these facilities, including security personnel, access controls, surveillance, and environmental protections. AWS data centre security is certified under ISO 27001, SOC 1/2/3, and other standards.
• Employee devices used for development and administration are secured with access locks (passwords/biometrics) and disk encryption.

9. Measures for ensuring events logging

• A comprehensive security event audit log records authentication and account security events. Each event includes the user identity, IP address, user agent, and timestamp.
• Logged events include: login, logout, signup, password changes, password resets, email verification, two-factor authentication events, social account linking, passkey events, new device logins, session revocations, account lockout notifications, token activity, CAPTCHA failures, and fraud detection checks.
• Admin activity is logged through the administration panel's audit trail.
• Security events are retained for a defined period sufficient for incident investigation, then automatically cleaned up.
• An automated cleanup job runs daily to remove expired tokens, old login attempts, expired verification codes, and old security events.
• A deletion audit log records all account deletions and anonymisations with details of what was deleted, what was retained (with legal basis), which therapists were notified, and which support agent processed the request. These logs are retained indefinitely for compliance documentation.

10. Measures for ensuring system configuration, including default configuration

• Infrastructure is deployed using AWS Elastic Beanstalk with version-controlled configuration, ensuring reproducible and auditable deployments.
• Security-relevant settings are admin-configurable: CAPTCHA enforcement, fraud detection, password policy options, and signup enable/disable.
• Default configurations follow secure-by-default principles: CAPTCHA enabled, fraud detection enabled, breached password checking enabled, common password blocking enabled, and minimum password strength enforced.
• All sensitive configuration values (API keys, secrets, database credentials) are stored in encrypted credentials or environment variables, not in source code.

11. Measures for internal IT and IT security governance and management

• A documented threat model identifies and categorises attack vectors with risk ratings and mapped defences.
• A documented incident response plan defines severity levels with response time targets, escalation procedures, and step-by-step response procedures for each incident type (database breach, session compromise, account takeover, mass lockouts, compromised admin, third-party service compromise).
• External security consultants are engaged periodically to review architecture and security measures.
• All code changes undergo review before deployment. Security-relevant changes are assessed against the threat model.
• Post-incident procedures include root cause analysis, control updates, threat model review, and compliance notifications (GDPR: 72 hours).

12. Measures for certification/assurance of processes and products

• The platform operates within a GDPR compliance framework, with documented data retention policies, deletion procedures, and legal basis for all data processing.
• External security assessments are conducted periodically by independent consultants.
• A responsible disclosure programme is in place. Security researchers can report vulnerabilities to security@complicated.life.
• Data Processing Agreements (DPAs) are in place with all subprocessors (see Section 18).
• AWS infrastructure relies on AWS's certifications: ISO 27001, SOC 1/2/3, and other industry standards.

13. Measures for ensuring data minimisation

• Personal data is collected only as necessary for the provision of the service. Registration requires only email and password; additional profile information is collected only when needed for specific features.
• Automated cleanup jobs remove expired authentication artefacts (tokens, login attempts, verification codes) on defined schedules.
• When users are anonymised, platform-controlled data (favourites, matches, survey responses, search logs, notifications) is permanently deleted rather than retained.

14. Measures for ensuring data quality

• Email addresses are verified during registration. Accounts cannot be created without successful email verification.
• Input validation is enforced on all user-facing forms and API endpoints.
• Signup fraud detection validates email address reputation, checks for disposable/temporary emails, and assesses IP risk signals to prevent fraudulent account creation.
• Data integrity is maintained through database-level constraints (foreign keys, uniqueness indexes, NOT NULL constraints) and application-level validations.

15. Measures for ensuring limited data retention

• A three-tier deletion strategy is implemented:
  • Tier 1 – Account Deactivation (soft delete): User clicks "Delete Account." Account is immediately deactivated. Recovery is possible within a grace period via support.
  • Tier 2 – Anonymisation (permanent): An automated job anonymises accounts after the grace period. User PII is replaced with anonymous identifiers. Therapist profiles are permanently deleted. Third-party service accounts are deleted.
  • Tier 3 – Right to be Forgotten (GDPR): On explicit GDPR request, all Tier 2 actions are executed immediately (no grace period) with full documentation. Therapists are notified. User receives a detailed confirmation citing the legal basis for any retained data.
• Financial records (invoices, payouts) are retained for 10 years in compliance with German tax law (HGB §257, AO §147), then permanently deleted.
• Authentication artefacts (expired tokens, login attempts, verification codes) are cleaned up daily by automated jobs.

16. Measures for ensuring accountability

• A deletion audit log records all account deletions and data anonymisations, including the deletion type, requesting party, timestamps for each service deletion, retained data with legal basis, therapist notifications sent, and completion details.
• Security event logging captures all authentication-related actions with IP address and user agent for forensic investigation.
• A documented data retention and deletion plan specifies retention periods, legal bases, and automated cleanup schedules for all data categories.
• A documented incident response plan defines procedures, severity levels, response times, and escalation contacts.
• GDPR compliance documentation includes data classification, controller/processor boundaries, legal bases for processing, and data subject rights procedures.

17. Measures for allowing data portability and ensuring erasure

• GDPR right-to-be-forgotten requests are processed within 30 days. Users submit requests to support@complicated.life.
• Users can deactivate their accounts via self-service ("Delete Account" in settings) without contacting support.
• An anonymisation service permanently removes personal data from the platform database, replacing identifiable fields with anonymous identifiers while preserving record structure for data integrity.
• Third-party service cleanup is performed as part of deletion: accounts are deleted or anonymised across all subprocessors listed in Section 18.
• When a client requests GDPR deletion, their therapist(s) are notified by email with information about their independent data controller obligations.
• Users receive a detailed confirmation email listing what was deleted, what was retained, the legal basis for retention (citing specific GDPR articles), and information about their right to lodge a complaint with a supervisory authority.

18. Subprocessor measures

• Data Processing Agreements (DPAs) are in place with all subprocessors. The complete list of subprocessors is maintained in Annex IV.
• All subprocessors process data under instruction from It's Complicated. Where subprocessors are located outside the EU, appropriate safeguards (Standard Contractual Clauses) are in place.
• Subprocessor accounts are deleted or anonymised as part of user data deletion procedures.

19. Measures to provide assistance to the controller

• A documented incident response plan with defined severity levels and response time targets ensures timely notification in the event of a personal data breach. GDPR breach notification timelines (72 hours) are incorporated into response procedures.
• GDPR deletion procedures are documented with step-by-step instructions, enabling consistent and complete processing of data subject requests within the 30-day deadline.
• Comprehensive audit logging (authentication events, deletion audit logs, admin activity logs) provides evidence for compliance inquiries and data protection impact assessments.
• Data export capabilities allow provision of personal data in response to data portability requests.
• The platform's architecture separates controller responsibilities: the platform controls account and marketing data, while therapists independently control clinical and client management data. This separation is documented and communicated to data subjects.

ANNEX IV: List of sub-processors

This annex lists the sub-processors It's Complicated engages to process Workplace Mental Health Programme administration data on the Controller's behalf, as described in Annex II of this DPA. Sub-processors that handle data controlled by It's Complicated (e.g. marketing, support, payments) or by the therapist (e.g. video, chat, clinical records) are not listed here, because that data is not processed on the Controller's behalf. A complete list of all third-party providers used across the platform is available at complicated.life/legal/third-party-providers.

Name	Data	Purpose of Processing	Country
AWS (Amazon Web Services EMEA SARL)	Programme enrolment records, administrator account data, aggregated and de-identified programme reporting data	Cloud hosting, database storage and backups for the platform and the HR Dashboard	Germany
Postmark (ActiveCampaign, LLC)	Recipient email addresses and names, and the content of programme administration emails	Transactional emails sent as part of programme administration (e.g. HR Dashboard administrator authentication)	USA*
Sentry (Functional Software, Inc.)	Technical diagnostic data: IP address, browser and device information, account identifiers and request context captured when an error occurs	Error tracking and performance monitoring	Germany**
PostHog (PostHog, Inc.)	HR Dashboard usage data: pages viewed, interactions, IP address, browser and device information	Product analytics on HR Dashboard usage	Germany**

* ActiveCampaign, LLC is based in the USA and certified under the EU-US Data Privacy Framework; transfers are additionally covered by Standard Contractual Clauses.

** Sentry and PostHog process the data described above in EU data regions hosted in Germany. Their parent entities are US-based, and any access from the USA is covered by Standard Contractual Clauses.

If you need a signed copy of this DPA, or would like to discuss individual terms, please reach out to business@complicated.life or your account manager, and we'll be happy to help you out.