Terms of Service

General

Welcome to Novti! These Terms of Service (“Terms”), together with the Service Level Agreement (“SLA”) and the Data Processing Agreement (“DPA”), collectively constitute the Agreement governing the use of the Novti Software-as-a-Service (SaaS) platform (the “Service”) provided by Novti B.V. (“Provider,” “we,” “us,” or “Novti”).\\

This Agreement is a binding legal contract between Novti and you, either as an individual or as an authorised representative of an organisation (“Client,” “Subscriber,” or “you”). The Agreement takes effect on the earlier of: (i) the date you first access or use the Service, or (ii) the date you pay a Novti invoice (the “Effective Date”). The Agreement will remain in effect until terminated by either party in accordance with the termination provisions set forth herein (the “Term”).

By accessing or using the Service, or by paying a Novti invoice, you acknowledge that you have read, understood, and agreed to all components of this Agreement, including the Terms of Service, the SLA, and the DPA. If you do not agree to any part of this Agreement, you may not use the Service.

The SLA and DPA are incorporated into this Agreement by reference and are detailed in Annex I: Service Level Agreement and Annex II: Data Processing Agreement. Certain SLA provisions may vary based on the Client’s selected subscription plan or specific contractual arrangements.

Last modified: December 24, 2024

The Client and Novti agree as follows:

1. Definitions

“Client” refers to the organisation, or legal entity that subscribes to and uses the Service. The Client is legally responsible for ensuring compliance with these Terms, including the actions of its Authorised Users.

“Authorised User” refers to any individual who is granted access to the Service by the Client, including administrators, employees, or contractors such as integrators acting on behalf of the Client.

“Administrator User” refers to each Client employee designated by the Client to serve as the technical and business administrator of the Service on the Client’s behalf. Each Administrator User gets and has access to the necessary information reasonably required by Novti to gain the necessary qualifications to use the Service.

“Service” refers to the Novti SaaS platform, including all associated features, tools, and updates.

“Subscription Plan” refers to a tiered pricing structure determining available features and limits.

“Success Fee” refers to a platform fee applicable to nonprofit organisations, invoiced monthly by Novti to the Client. The Success Fee is based on donation amounts processed via the platform and is calculated as described in Section 4.6. The applicable percentage rates are provided on the Novti Pricing page.

“Client Content” refers to the data, files, and other information provided or uploaded by the User.

“Team” refers to the Novti SaaS team.

“Success Manager” refers to a designated member of the Team responsible for facilitating communication between the Client and the Team, and for providing the Client with best practices related to the Service.

“System Integrator" refers to an authorised organisation or individual responsible for implementing, configuring, and managing the technical integration of Novti for the Client. The System Integrator ensures that Novti is tailored to meet the Client’s operational needs and functions seamlessly within their systems. While the Client may maintain separate agreements with System Integrators outside the scope of these Terms, both the System Integrator and the Client are required to adhere to the provisions set forth in the Agreements.

“Partner" refers to an authorised organisation or individual responsible for overseeing and managing the Client relationship with Novti. The Partner’s role includes facilitating communication, providing strategic insights, and assisting the Client in deriving maximum value from the Service. Similar to System Integrators, the Client may have independent agreements with Partners outside these Terms, but both the Partner and the Client must comply with the obligations defined in the Agreements.

“Confidential Information” refers to any information disclosed by a party to the other party, directly or indirectly, which could be in oral or written form (graphic, machine-readable, or other tangible forms), and is marked as confidential or proprietary.

​“Training” refers to the process of enabling the Client with the necessary skills to start and manage their campaigns using the Service. Training will be given in the form of (online) workshops, group and/or individual training sessions, presentations and documentation, based on what is agreed upon with the Client and Novti. The maximum number of participants per training session is 6.

“Tenant” refers to the workspace automatically created by the Service, upon the successful subscription of the Client.

“Uptime” refers to the percentage of time the platform is operational and accessible within a given calendar month.

“Downtime” refers to periods when the Service is inaccessible due to issues outside the Client's control.

“Force Majeure” refers to events outside Novti's control that affect service delivery, including but not limited to acts of God, natural disasters, governmental actions, strikes, or failures of third-party services.

“Incident” refers to any disruption to the standard functionality of the Service.

2. Services Provided

2.1 The Service

2.1.1 The Service is a SaaS solution designed to provide a campaign CMS for organisations and individuals to create, manage, and optimise their campaigns effectively.

2.1.2 Scope

The Scope of the Service includes access to the Admin Panel, all features available under the Client's active subscription package as detailed at the Novti Pricing page, and the hosting of all relevant resources (e.g., pages, third-party connector mappings, and preference centers) created through the Admin Panel.

2.2 Service Availability: We strive to provide the Service with minimal interruptions. Downtime due to maintenance or unforeseen issues will be handled in accordance with the SLA.

2.3 Modifications to the Service: We reserve the right to enhance, modify, or discontinue any aspect of the Service at our discretion, with prior notice where feasible.

2.4 Training: The Client receives training from the Team, its System Integrator or an official partner to be able to start and manage their campaigns using the Service. The frequency, duration, and content of the training sessions are based on the agreements with the Client.

2.5 Professional Services: For additional requests such as new features, development, configuration, or integration, the Client may contact their Success Manager or assigned System Integrator to discuss possibilities, scope, budget and planning.

3. Client Responsibilities

3.1 User Accounts and Eligibility: Access to the Service requires creating an account. Authorised Users must provide accurate and complete information during registration. The first Client Authorised User created will be designated as the Administrator User, based on the information provided during registration.

3.2 Account Security: Client Authorised Users are responsible for safeguarding their account credentials and for all activities conducted under their accounts.

3.3 Accuracy of Information: Authorised Users must ensure that all information provided to us is accurate, complete, and up to date.

3.4 Reporting Security Issues: The Client should notify Novti immediately of any unauthorised use of any password or user ID or any other known or suspected breach of security.

3.5 Response to Unauthorised Use: In case of accidental unauthorised use, the Client should report the incident to Novti immediately and make reasonable efforts to stop any unauthorised use of the Service that is known or suspected by the Client.

3.6 Respect for Intellectual Property: Authorised Users should not upload, post, reproduce, or distribute any information, software, or other material protected by copyright, privacy rights, or other intellectual property rights without first obtaining the permission of the rights owner.

3.8 Cooperation with Investigations: The Client agrees to cooperate with Novti in investigating any issues, including security incidents, misuse of the Service, or violations of the Agreement.

3.9 Communication and Notifications: The Client agrees to promptly notify Novti of any changes to the account or contact information and to respond to any communication from Novti in a timely manner.

3.10 Data Export and Termination: In the event of termination of the agreement, the Client is responsible for exporting all data related to their tenant before the termination date. Novti will make reasonable efforts to provide the Client with access to the data for export purposes during the notice period or as specified in the agreement. After the termination date, Novti will no longer be obligated to store or provide access to the Client’s data, and any remaining data may be deleted or rendered inaccessible in accordance with the DPA.

4. Subscription and Payment Terms

4.1 Subscription Plans

4.1.1 The Service is offered on a subscription basis. Details, including pricing and available plans, are outlined on the Novti Pricing page.

4.1.2 Subscription rates and fees are subject to annual indexing based on the CBS price index.

4.2 Contract Term: The subscription term is one (1) year and renews automatically unless cancelled.

4.3 Billing for Subscription Plans: Subscriptions are billed in advance on a monthly or annual basis. Discounts may apply for annual billing; see Novti Pricing for current discounts.

4.4 Billing for Invoices Related to Usage-Based Services

4.4.1 Monthly invoices are issued for Success Fees, Client Admin API usage, Webhooks usage, and Custom Integrations usage. These services incur additional fees as outlined on the Novti Pricing page. All invoices are sent around the first of each month to the Client’s email address.

4.5 Payment Methods and Portal Access

4.5.1 Default payment methods include iDeal, credit cards, and bank transfers.

4.5.2 Novti works with Stripe to facilitate invoicing and provide a customer billing portal. Clients can update their payment methods, change subscription plans, and view invoices by visiting the Usage & Billing > Billing page in the admin panel.

4.6 Failed Payments

4.6.1 If payment is not received within the payment term, the Client will be requested to update their billing information or pay the outstanding invoice directly via the Client billing dashboard at Usage & Billing > Billing.

4.6.2 If the payment issue remains unresolved, the Client will receive up to three reminders:

• The first reminder will be sent 7 days after the due date, prompting immediate action.
• The second reminder will be sent 14 days after the due date, emphasising the urgency of payment.
• The third reminder will be sent 21 days after the due date, stating that access to the Service will be suspended if payment is not received within 7 days.

4.6.3 If payment is not made by the final deadline following the third reminder, the Client's access to the Service will be suspended until payment is successfully completed.

4.7 Success Fee

4.7.1 Nonprofit organisations may be subject to a Success Fee as part of their use of the Service.

4.7.2 The Success Fee is calculated as a percentage of donations processed via the platform, as outlined on the Novti Pricing page. The calculation of the Success Fee includes, but is not limited to:

• % on one-time donations.
• % on monthly donations multiplied by 12 (annual pledged amount).
• % on quarterly donations multiplied by 4 (annual pledged amount).
• % on annual donations.

4.7.3 In cases where Novti and the Client have agreed to waive the Success Fee, such terms must be documented in writing and will override the general applicability of the Success Fee.

4.7.4 The Client agrees to review and pay these invoices in accordance with the payment terms outlined in Section 4.

4.8 Optional Services: Additional optional services, including the Client Admin API, Webhooks, and Custom Integrations, are available for an extra fee. These fees are outlined on the Novti Pricing page. The Client may choose to enable these services at their discretion and will be billed monthly based on usage.

4.9 Refund Policy: Fees are non-refundable except as required by law.

5. Term and Termination

5.1 Contract Duration: Subscriptions are active for one (1) year and automatically renew unless cancelled at least one (1) month before the end of the term, in accordance with Section 4.3.

5.2 Termination by User: You may cancel your subscription via the account dashboard. Termination will take effect at the end of the current billing period.

5.3 Termination by Novti: We may terminate your account for material breaches of these Terms after providing written notice and an opportunity to remedy the breach.

5.4 Effects of Termination: Upon termination, your access to the Service will cease. Data will be retained as outlined in the DPA.

6. Data Ownership and Privacy

6.1 Ownership of Data: You retain ownership of all data you upload to the Service. By using the Service, you grant us a licence to process your data solely for service delivery.

6.2 Rights to Process Data: We process your data in compliance with GDPR and other applicable laws. See our Data Processing Agreement for details.

7. Acceptable Use

7.1 Prohibited Activities

7.1.1 The Client and Authorised Users may not use the Service to distribute spam, malicious software, or illegal content.

7.1.2 The Client and Authorised Users may not reverse engineer, decompile, or attempt to extract the source code of the Service.

7.1.3 The Client and Authorised Users may not use the Service in violation of applicable laws or regulations.

7.1.4 The Client and Authorised Users may not use the Service for more than one organisation or sub-brand of the Client.

7.1.5 The Client and Authorised Users may not use content or any other resource that is hateful, obscene, defamatory, harassing, offensive, or malicious.

7.1.6 The Client and Authorised Users may not engage in any activity that overburdens or disrupts Novti's infrastructure or service performance (e.g., running excessive queries or using the Service in a way that degrades its performance).

7.1.7 The Client and Authorised Users may not attempt to gain unauthorised access to any part of the Service, its data, or any other systems connected to the Service.

7.1.8 The Client and Authorised Users may not use automated tools, including bots, crawlers, or scraping tools, to interact with the Service unless explicitly authorised by Novti.

7.1.9 The Client and Authorised Users may not use the Service in a way that competes with or otherwise harms the business of Novti or other Clients.

7.1.10 The Client and Authorised Users may not use the Service to conduct penetration testing, vulnerability scanning, or any other form of security testing without the explicit prior written consent of Novti.

7.1.11 The Client and Authorised Users may not use the Service to gather information, data, or other resources for the benefit of any competitor or alternative service, or to develop or enhance competing services or products.

7.2 Prohibited Beneficiaries

7.2.1 The Service may not be used in connection with or to benefit any individual, organisation, state, or entity that is the subject of a judgment or legal proceedings issued by the International Court of Justice (ICJ) or is under investigation for violations of international law or human rights.

7.2.2 The Service may not be used to support or benefit any individual, organisation, state, or entity that is under investigation by the United Nations or the International Court of Justice (ICJ) for actions or practices that are alleged to violate or undermine internationally recognised human rights.

7.2.3 The Service may not be used to support or benefit any individual, organisation, state, or entity that is under investigation by the United Nations or the International Court of Justice (ICJ) for potential involvement in genocide or related crimes.

7.5 Compliance with Laws: You must comply with all local, national, and international laws applicable to your use of the Service.

8. Intellectual Property

8.1 Ownership of Intellectual Property: The Service, including all underlying technology, designs, and documentation, is the property of Novti.

8.2 Licence to Use the Service: We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes.

9. Limitation of Liability

9.1 Disclaimer of Warranties: The Service is provided "as-is" and "as-available." We disclaim all warranties, express or implied.

9.2 Liability Cap: Our liability is limited to the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

9.3 Exclusions: We are not liable for indirect, incidental, or consequential damages, including lost profits or data.

10. Dispute Resolution

10.1 Governing Law: These Terms are governed by the laws of the Netherlands.

10.2 Jurisdiction: Disputes will be resolved exclusively in Dutch courts.

10.3 Alternative Dispute Resolution: Where possible, we encourage resolving disputes amicably before escalating to formal legal proceedings.

11. Amendments to the Terms

11.1 Right to Update Terms: We reserve the right to update these Terms at our discretion. Changes will be communicated via email.

11.2 Notification of Changes: Continued use of the Service after updates constitutes acceptance of the new Terms.

12. General Provisions

12.1 Notice of Changes: Each party must notify the other within thirty (30) days of any changes to their business name, contact details, or other material circumstances that may affect the validity or operation of these Terms. Updates to such information must be done by the Client via the admin panel at Usage and Billing > Billing or by creating a support ticket at Support Request.

12.2 Continuity: Novti is committed to ensuring the continuity of the Service in the event of business cessation. Should Novti cease to operate as a company, reasonable efforts will be made to transfer ownership of the software to a qualified third party capable of maintaining and continuing the Service. This measure is intended to protect the Client’s access to the Service and its functionality.

12.3 Authority to Enter Agreement: Both parties warrant they have the capacity and authority to enter into and perform this agreement without breaching obligations to any third party.

12.4 Binding Successors: This agreement shall bind and benefit the successors and permitted assigns of both parties.

12.5 Assignment: No party may assign, transfer, or subcontract these Terms without prior written consent from the other party.

12.6 Entire Agreement: These Terms, along with the Data Processing Agreement and, where applicable, the Service Level Agreement (SLA), constitute the entire agreement between the Client and Novti. The SLA applies only to clients who have specifically entered into an agreement for such services.

12.7 Severability: If any provision is found to be unenforceable, the remaining provisions will remain in effect.

13. Contact Information

13.1 Enquiries: For any enquiries, please contact the Team via our contact page.

Annex I: Service Level Agreement (SLA)

This Service Level Agreement ("SLA") is an integral part of the Novti Terms of Service and outlines the service levels Novti B.V. commits to for the availability, reliability, and support of the Service. In the event of a conflict between this SLA and the Terms of Service, the Terms of Service shall prevail. By agreeing to the Terms of Service, the Client also agrees to this SLA.

1. Purpose

The SLA defines the expected service levels for availability, uptime, support, and maintenance for the Service provided by Novti.

2. Scope

The SLA applies to all services provided under the Terms of Service, Section 2.1.2, unless otherwise stated.

3. Service Commitments

3.1 Uptime Guarantee

Novti will ensure an uptime of 99.5%, calculated monthly (i.e. 3h 37m 21s allowed unavailability per month), excluding planned maintenance and force majeure events.

3.2 Planned Maintenance

Maintenance windows will be scheduled outside peak hours where possible and communicated at least 48 hours in advance.

3.3 Unplanned Downtime

In the event of unexpected outages, Novti will make reasonable efforts to notify affected clients as soon as possible and resolve the issue promptly.

4. Support Terms

4.1 Support Availability: Support is available Monday to Friday, 9:00 AM to 5:00 PM CET, excluding public holidays. Support is not available outside the specified hours unless explicitly agreed upon.

4.2 Support Channels

4.2.1 The Client can access support via Admin Panel Support > Request or email at help@novti.com.

4.2.2 Outside office hours, in the event of critical disruptions, the Customer Success Manager can be contacted via +31 6 290 828 45.

4.3 Response Times

Response times depend on the severity of the issue as stated below.

4.3.1 Critical

• Complete Service outage or inability to access the platform.
• Critical functions (e.g., donation processing, payment gateways) are entirely non-operational.
• Severe security vulnerabilities with potential for data breaches.

Response Time: 4 hours

4.3.2 High

• Limited availability of a critical feature (e.g., pages, forms or transactions)
• Issues that impact functionality but do not prevent the overall use of the Service. Workarounds may be available.
• Persistent errors and inconsistencies affecting a subset of Authorised Users, visitors, customers and donors.

Response Time: 1 business day

4.3.3 Medium

• A key feature (e.g., analytics, forms or pages) is not functioning as expected.
• Slowness or degraded performance affecting usability but not halting operations.
• Non-critical errors or bugs in a new feature rollout.

Response Time: 2 business days

4.3.3 Low

• Questions or requests for general assistance.
• Cosmetic issues (e.g. UI inconsistencies).
• Feature suggestions or enhancements.

Response Time: 3 business days

4.4 Escalation Policy

If an issue is not resolved within the specified response time, it may be escalated to the following levels:

1. Level 1 Support Representative
2. Level 2 Technical Specialist
3. Account Manager or Customer Success Manager

4.5 Novti is responsible for:

4.5.1 Ensuring the availability and performance of the Service in line with the SLA.

4.5.2 Monitoring, logging, and resolving incidents within the defined response times.

4.5.3 Maintaining industry-standard security measures and compliance with applicable regulations (e.g., GDPR).

4.5.4 Providing timely notifications to the Client regarding planned maintenance or potential service disruptions.

4.5.5 Offering an uptime monitoring channel upon the Client’s request.

4.5.6 Automatically creating backups of the Service on a daily basis for disaster recovery purposes, with a retention period of seven (7) days. These backups are maintained to ensure the continuity and functionality of the Service.

4.6. The Client is responsible for:

4.6.1 Providing timely and accurate information to assist with resolving issues.

4.6.2 Ensuring their own systems and devices comply with minimum requirements for using the Service.

4.6.3 Report issues promptly to enable swift resolution.

4.7 Limitations and Exclusions: Issues caused by factors outside Novti’s control (e.g., force majeure, third-party service failures, external factors) may be excluded from guaranteed response times.

5. Compensation for Non-Compliance with SLA

Compensation for non-compliance with the SLA is available only for specific subscription packages, as outlined at Novti Pricing. Clients subscribed to eligible packages may request compensation in accordance with the terms defined in this SLA.

5.1 Uptime Guarantee

The Provider guarantees 99.5% uptime for the Service during each month. If the uptime falls below this threshold, the Client will be eligible for compensation as follows:

5.1.1 Compensation Percentage

A 10% compensation rate will be applied to the portion of the monthly subscription fee equivalent to the percentage of downtime that exceeds the SLA limit. No compensation will be provided for downtime within the allowed SLA limit of 0.5%.

5.1.2 Client Compensation Request

If the Client experiences any qualifying downtime, they have one month from the time of the downtime event to submit a request for compensation through Admin Panel > Support > Request. The request should include details of the downtime incident, the time and duration of the event, and any supporting evidence.

5.1.3 Compensation Processing

Upon receiving a valid compensation request, Novti will review the request and verify the reported downtime. If the downtime exceeds the SLA limit and the request is within the one-month timeframe, compensation will be provided accordingly.

5.1.4 Cap on Compensation

The maximum compensation amount is 80% of the Client’s monthly subscription fee.

5.2 Response Time Guarantee

Novti guarantees response times for critical issues.

5.2.1 Compensation for Response Time Breach

If Novti fails to meet the guaranteed initial response time for critical issues, the Client will be entitled to one (1) hour credit for each critical issue where the response time exceeds the limit stated in Section 4.3. This is capped at a maximum of three (3) hour credits per month.

5.2.2 Request Process for Response Time Breach

The Client must submit a claim for compensation through Admin Panel > Support > Request within one month of the incident. The request should include the ticket reference.

5.3 Exclusions

Compensation for both downtime and response time breaches will not apply in the following cases:

• Scheduled maintenance.
• Downtime or delays caused by factors outside the Novti’s control (e.g., force majeure, third-party service failures).
• Incidents resulting from the Client’s actions or inactions.

6. General Provisions

6.1 Amendments

Novti reserves the right to amend this SLA with 30 days prior written notice to Clients. Any changes will take effect on the specified date. Continued use of the Service after the effective date constitutes acceptance of the updated SLA.

6.2 Governing Law

This SLA is governed by and construed in accordance with Dutch law.

6.3 Dispute Resolution

In the event of a dispute arising from or in connection with this SLA, the Parties agree to first attempt to resolve the issue amicably through good faith negotiations. If the dispute cannot be resolved amicably within 30 days, it may be referred to the competent courts in the Netherlands.

6.4 Force Majeure

Novti will not be held liable for any failure or delay in meeting SLA obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, strikes, or failures of third-party services.

6.5 Severability

If any provision of this SLA is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

6.6 No Waiver

Failure by either Party to enforce any provision of this SLA shall not be deemed a waiver of future enforcement of that or any other provision.

Annex II: Data Processing Agreement (DPA)

This Data Processing Agreement ("DPA") is an integral part of the Novti Terms of Service ("ToS") and governs the processing of personal data by Novti B.V. ("Provider," "we," "us," or "Novti") on behalf of the Client ("you" or "Client") as part of the provision of the Novti Software-as-a-Service (SaaS) platform ("Service").

1. Purpose and Scope of Processing

Novti processes personal data exclusively to provide the Service as outlined in the ToS, including but not limited to:

• Hosting, managing, and processing resources created by the Client, such as pages, forms, campaigns, and other resources.
• Facilitating the collection, storage, and processing of personal data submitted by Data Subjects (e.g., subscribers, customers, donors) via Client-created resources.
• Supporting operational functionalities such as form submissions, campaign management, payment handling, and analytics.

2. Roles and Responsibilities

• Client as Data Controller: The Client is responsible for ensuring that personal data is collected and processed in compliance with applicable data protection laws and that appropriate consents are obtained from Data Subjects.
• Novti as Data Processor: Novti processes personal data only as instructed by the Client through the Service and in accordance with this DPA.

3. Data Categories and Data Subjects

Data Categories: Personal data may include names, email addresses, phone numbers, payment information, and other data submitted via Client-created resources.

Data Subjects:

• Clients
• Employees
• Authenticated Users
• Customers
• Subscribers
• Donors

4. Obligations of Novti

4.1 Compliance with GDPR

Novti complies with the General Data Protection Regulation (GDPR) and ensures that all personal data processing activities adhere to the regulation’s principles.

4.2 Hosting within the EU

The Service is fully hosted within the European Union to ensure compliance with GDPR and other applicable EU data protection laws.

4.3 Data Anonymisation

End-user records are automatically anonymised by Novti as part of its standard processes:

By default, records older than one month are anonymised automatically. Clients may adjust this period to up to six months via Admin Panel > General Settings > Privacy > Anonymisation Policy. Anonymisation irreversibly overwrites personal data with empty values, ensuring that no information can be traced back to natural persons. The anonymisation process runs automatically on the first day of each month without manual intervention.

4.4 Retention Policy

Anonymised records are stored for a maximum of one year and are permanently deleted during an annual deletion process.

4.5 Backups

Novti creates daily backups of the Service for disaster recovery purposes, with a retention period of seven (7) days. These backups are securely maintained to ensure continuity and functionality.

4.6 Subprocessors

Novti engages the following subprocessors to support the Service. All data processing is conducted within the European Union, ensuring compliance with applicable data protection regulations:

Auth0

Provides authentication services, managing user identities and access control. Auth0 processes personal data to verify user credentials and provide secure authentication mechanisms.

DNSimple

Handles Domain Name System (DNS) services, including domain registration, management, and routing. DNSimple processes minimal personal data necessary for the operation of domain-related services.

Elastic Cloud

Used for the storage, processing, and analysis of metrics and log data. Elastic Cloud helps in real-time monitoring and data analysis to ensure the performance and stability of Novti's services.

Filestack

Offers image uploading and Content Delivery Network (CDN) services. Filestack processes personal data related to file uploads and stores those files in accordance with the agreed data protection terms.

Google Cloud Platform

Provides hosting infrastructure, including computing, storage, and networking services. Google Cloud is responsible for processing, storing, and securing data used by Novti services within its cloud environment.

Redis

Facilitates caching services to improve performance and scalability. Redis stores temporary data to speed up application processes and reduce load times.

Sentry

Monitors application errors and performance, capturing detailed error reports. Sentry processes error logs and diagnostics to help Novti maintain the reliability and stability of its platform.

Stripe

Handles billing and payment processing, including the management of transactions, subscriptions, and financial data. Stripe ensures secure and compliant handling of payment-related personal data.

Sendgrid

Provides mailing services for transactional and marketing emails. Sendgrid processes email-related data for communication purposes and to ensure delivery of service-related messages to users.

Gmail

Facilitates communication by handling email-related data for business correspondence, notifications, and updates. Gmail processes minimal personal data as part of its communication service.

Salesforce

Provides client integration services for Customer Relationship Management (CRM). Novti facilitates the integration of clients' own Salesforce instances with the Novti platform, enabling the synchronization of client data between the two systems. Salesforce processes personal data related to customer interactions, service requests, and sales activities as configured by the client through their authenticated instance, ensuring seamless data flow between Novti and Salesforce for CRM purposes.

Marketing Cloud

Enables client integration with marketing automation and analytics services. Novti integrates clients' instances of Marketing Cloud with the Novti platform to process marketing and customer engagement data. Clients authenticate their Marketing Cloud account, allowing Novti to securely transfer data for email campaigns, customer insights, and analytics, as configured by the client.

Google Tag Manager

Manages client-side marketing tags and tracking on websites. Novti integrates clients' Google Tag Manager instances with the platform to process and transmit website analytics data and marketing tags. Clients authenticate their GTM account, allowing Novti to handle data related to user interactions, page visits, and marketing campaigns according to their configuration.

PostcodeNL

Provides geolocation and address validation services for clients' campaigns. Novti integrates clients' Postcode.nl accounts with the Novti platform, processing address and location data as configured by the client. Through the client's authenticated PostcodeNL instance, Novti ensures accurate and validated address data is used for campaign management and related services.

Odoo

Used for general purposes, including helpdesk, sales, and customer relationship management. Odoo processes personal data related to service requests, sales transactions, and customer communications.

Changes to subprocessors will be communicated to the Client, who retains the right to object within 10 business days of notice.

4.7 Data Breach Notification

In the event of a data breach, Novti will notify the Client without undue delay and provide relevant details, including the nature, scope, and mitigation measures.

4.8 Data Subject Rights

Novti will assist the Client in responding to Data Subject requests (e.g., access, rectification, deletion, portability) as required by applicable laws.

5. International Data Transfers

Personal data is not transferred outside the European Union. If such transfers become necessary, they will be safeguarded by Standard Contractual Clauses or equivalent mechanisms in compliance with GDPR.

6. Data Retention and Deletion

• Transactional Data: Novti stores Client transaction records for reporting and backup purposes. These records are automatically anonymised as part of a monthly process on the first day of each month.
• Permanent Deletion: Anonymised records older than one year are permanently deleted as part of an annual deletion procedure.
• Upon termination of the agreement, the Client is responsible for exporting all personal data related to their tenant before the termination date. Novti will facilitate the Client’s access to the data for export during the notice period or as otherwise agreed upon. Following termination, Novti will no longer retain or provide access to the Client’s personal data, and any remaining data will be deleted or anonymised in accordance with applicable data retention and privacy laws. The Client is advised to ensure that all necessary data exports are completed prior to the termination of the agreement.

7. Audits and Compliance

Clients may audit Novti's compliance with this DPA upon reasonable notice and during business hours. Audits are limited to once annually and must not disrupt Novti's operations.

8. Liability

The liability of each party under this DPA is governed by the limitation of liability provisions in the ToS.

9. Governing Law and Amendments

• Governing Law: This DPA is governed by Dutch law.
• Amendments: Novti may update this DPA with 30 days’ notice. Continued use of the Service constitutes acceptance of the updated terms.