Support for Provider Switching (EU)

Scope. This document applies to customers established in the European Union or the European Economic Area outside Germany who contract on the Provider’s English-language General Terms and Conditions (EU). It implements Regulation (EU) 2023/2854 (the Data Act) and forms part of the contract in accordance with clause 16.2 of those Terms. Customers established in Germany are subject to the German-language document “Unterstützung bei Anbieterwechsel”; customers established in the United Kingdom or the United States are subject to the document “Support for Provider Switching”, which does not implement the Data Act. The current version of this document is available at https://www.getflip.com/legal/support-for-provider-switching-eu/.

In accordance with clause 16.2 of Flip GmbH's General Terms and Conditions (EU), the Customer is entitled, on a notice period of no more than two months, to switch to a data processing service of the same service type provided by another provider, to port all exportable data and digital assets to an on-premises ICT infrastructure, or to have its exportable data and digital assets erased, and to terminate the contract for that purpose (Art. 25(2)(d) and (3) Data Act).

The Provider shall provide the information agreed in this Support for Provider Switching document on switching procedures, formats, interfaces, and technical restrictions. In accordance with this provision, the Provider shall also provide the Customer with an online register that is updated regularly. If relevant common specifications or harmonized interoperability standards have been published, the Provider shall ensure compatibility within the statutory period. In the absence of such standards, the export shall be carried out in a structured, commonly used, and machine-readable format.

During the transition period, the Provider undertakes to provide the Customer and third parties authorized by the Customer with appropriate support in executing the switch, to act with due care to maintain business continuity, to inform the Customer of any known risks to the uninterrupted provision of functions or services attributable to the Provider, and to ensure a high level of security during the changeover, in particular the security of data during its transmission and the continuous security of data during the retrieval period. The Provider shall support the Customer's exit strategy and provide all relevant information for this purpose. The parties and a designated target provider shall cooperate in good faith to enable the switchover to take place effectively and on time and to ensure the continuity of data processing services.

Periods. The switching process is initiated on expiry of the notice period of no more than two months. The transitional period is 30 calendar days; the Customer may extend it once for a period it considers appropriate for its own purposes (Art. 25(5) Data Act). Where the transitional period is technically unfeasible, the Provider notifies the Customer within 14 working days of the switching request, duly justifies the technical unfeasibility and indicates an alternative transitional period not exceeding seven months (Art. 25(4) Data Act); service continuity is maintained throughout that period as well. On expiry of the transitional period, a retrieval period of at least 30 calendar days begins, during which the Customer may retrieve its exportable data and digital assets (Art. 25(2)(g) Data Act).

Termination and erasure. The contract is considered to be terminated, and the Provider notifies the Customer of the termination, upon the successful completion of the switching process or – where the Customer does not wish to switch but to erase its exportable data and digital assets – at the end of the notice period (Art. 25(2)(c) Data Act). After expiry of the retrieval period, or of any later period separately agreed, the Provider fully erases all exportable data and digital assets generated directly by the Customer or relating to the Customer directly (Art. 25(2)(h) Data Act); backups are overwritten within the regular backup cycle in accordance with Section 16.4 of the General Terms and Conditions and remain subject to the confidentiality obligations until they are erased; the erasure of personal data is additionally governed by the DPA.

For the support services provided under clause 16.2 of the General Terms and Conditions (EU), the Provider may until 11 January 2027 charge a reduced fee that does not exceed the costs incurred by the Provider that are directly linked to the switching process concerned (Art. 29(2) and (3) Data Act) (“transition fee”). No transition fees will be charged from January 12, 2027. Pre-contractual information on the standard service fees, on any early termination compensation under clause 16.3 of the General Terms and Conditions (EU) (up to 90% of the pro-rata fees payable for the remaining term, subject to the assessment criteria and the Customer's right to demonstrate a lower amount set out therein; no such compensation is payable where the Customer terminates the contract in order to switch, to port its exportable data and digital assets or to have them erased under clause 16.2 of the General Terms and Conditions (EU)) and on the reduced switching charges is provided to the Customer in this document and at www.getflip.com/legal (Art. 29(4) and (6) Data Act).

The obligations under this document do not apply to individually developed services or test environments, provided that the requirements of Article 31 of the Data Act are met. The Provider shall inform the Customer of any exceptions before concluding the contract.

Terms such as “data processing service,” “service type,” “exportable data,” and “digital assets” are based on the definitions in the Data Act (Regulation (EU) 2023/2854).

1. Information on Provider Switching

1.1 Exportable Data and Digital Assets

The following data and digital assets can be exported by the customer:

• User Profiles, Absence Notes and attributes

• User Groups, Permissions and attributes

• Chat Histories and metadata

• Channels and metadata

• Posts and metadata

• Post Bookmarks

• Knowledge Base Pages and metadata

• Calendar Events

• Tasks and attributes

• Branding settings

• Flip Flows and lifecycle data

• Attachments & Livestream Recordings

• Audit Logs

• Menu Configuration

• In addition, for the gyde (Flip Learning) module: courses (self-service export per language version as SCORM 2004 (4th Edition) or cmi5; the export function can be enabled per tenant and is enabled upon the Customer’s request), knowledge pages, uploaded source documents, learning progress and results (REST API), certificates and verification hashes, seminar, registration and attendance data, responses from registration forms, and user profiles, attributes and team memberships, in each case as set out in the gyde (Flip Learning) Service Description. Where no self-service export function exists for individual categories, the Provider makes the data available upon request via support in a structured, commonly used and machine-readable format.

• In addition, for the Frontline Identity by Flip module: user accounts and attributes, roles, permissions and group memberships, and identity audit logs (JSON via API; API retrieval of audit logs is limited to the last twelve months, with older log data made available by the Provider upon request via support), in each case as set out in the Frontline Identity by Flip Service Description.

• In addition, for the Flip Fusion module: the data collected by a generated app and the documentation uploaded by the Customer, in each case upon request via support. Generated apps are not exported as a standalone application or as source code.

• For the gyde (Flip Learning), Frontline Identity by Flip and Flip Fusion modules, the data categories marked as “No export” in the respective Service Description apply in addition; these include in particular temporary AI processing files, search indexes and derived data, backups, and generated apps as a standalone application or as source code.

1.2 Excluded Internal Data Categories

The following internal data categories are excluded from export:

• Automatic Translations

• Authentication credentials, settings, sessions, events and flows

• Meta- & Technical data (incl. temporary data): e.g. Message Queues, System Logs, Traces & Metrics, Backups, Certificates, Application Error Tracking, Technical Support & Diagnostic Data, Email Logs, Caches, Digital Analytics, registered mobile devices, Reports, Search Indices

• Cached Integration Data

• Mobile App Configuration

• Notifications

1.3 Formats and Interfaces

Available procedures for switching and transferring content:

• Export requests via support ticket.

• Completion within 14 calendar days

• A full data export is provided; during the transitional period the Provider additionally gives reasonable assistance, including any further exports required

• The export is carried out in the following formats:

• CSV: Structured Data

• Delta: Rich Text Content (e.g. Post Bodies and Knowledge Base Pages)

• Original formats: Attachments, images, videos

Available interfaces:

• Support Ticket

1.4 Technical Restrictions

The export covers the exportable data listed in section 1.1 for the entire period for which it is retained by the Provider. Data already deleted under the agreed retention periods cannot be exported. The period directly retrievable via the export functions of the Software Service is limited to the last 24 months. Older data is made available by the Provider upon request via support, free of charge, in a structured, commonly used and machine-readable format, to the extent it is still retained at that time. No further time-based restrictions apply.

1.5 Online Register

The information under Art. 26 and Art. 28(1) Data Act – in particular on the data structures, data formats, standards and open interoperability specifications used, on the jurisdiction of the ICT infrastructure used and on the measures against international governmental access to non-personal data – is available at https://trust.getflip.com/. Data structures and data formats, as well as relevant standards and open interoperability specifications, are also defined herein and are available e.g. in the DPA by visiting the following link: www.getflip.com/legal.

1.6 Transition Fee

For support services during the transitional period and the retrieval period, the Provider may until 11 January 2027 charge a reduced switching charge in accordance with Art. 29(2) and (3) Data Act; from 12 January 2027 no switching charge is imposed. The obligation to pay the fees for the agreed minimum or renewal term under Section 16.2 of the General Terms and Conditions is unaffected; it is consideration for the agreed term and is not a switching charge.