Version 0.3, 26 October 2026. The Polish version is binding. This English version is a translation.

Data Processing Agreement

between the restaurant that has accepted the ResTable Terms of Service (the "Controller"), and Tomasz Rusin, trading as "ResTable", ul. Ozimska 47, 45-057 Opole, Poland ("ResTable", the "Processor").

This agreement is part of the Terms of Service and is accepted together with them. It sets out how ResTable processes personal data on the restaurant's behalf, as required by Article 28 of the General Data Protection Regulation (GDPR).

1. Roles

1.1 The restaurant decides why and how its guests' and callers' personal data is processed. It is the controller. ResTable processes that data only on the restaurant's behalf, as its processor.

1.2 Some processing is ResTable's own responsibility and is not covered by this agreement: the restaurant's own user accounts and staff logins, ResTable's website and sign-up, and bot and abuse protection that uses only hashed signals. That processing is described in ResTable's Privacy Policy.

2. Subject and duration

2.1 ResTable processes personal data to provide the ResTable service described in the Terms of Service: online booking, the operator dashboard, guest messaging and the AI phone assistant.

2.2 This agreement lasts as long as the Terms of Service, and after that for as long as ResTable still holds the restaurant's data under §11.

3. What ResTable may do with the data

3.1 ResTable processes the restaurant's data only to serve that restaurant. That means:

• (a) taking, changing and cancelling bookings through the widget, the dashboard and the phone assistant;
• (b) answering the restaurant's phone calls with the AI assistant: transcribing what the caller says, understanding it, replying, and transferring the call to staff where configured;
• (c) sending the guest the confirmations, reminders and messages the restaurant has set up;
• (d) showing the restaurant its bookings, guests, messages and calls, including transcripts and summaries;
• (e) checking the quality of the restaurant's calls, including automated checks by a language model, to find and fix mistakes the assistant made;
• (f) support the restaurant asks for, and investigating faults;
• (g) keeping the data secure, backed up and available;
• (h) deleting and anonymising data on the schedule in Annex 3.

3.2 Anonymised test cases. To fix a fault found in one of the restaurant's calls, ResTable may write an anonymised test scenario based on it, for example a paraphrase of what a caller asked. Such a scenario contains no name, phone number, e-mail address, voice or other detail that could identify a person, and it may remain in ResTable's software after the original call has been deleted. Creating it is processing on the restaurant's behalf. Once anonymised, the scenario is no longer personal data.

3.3 ResTable does not:

• use the restaurant's data to serve any other restaurant;
• combine it with other restaurants' data to build profiles of guests;
• train or fine-tune artificial-intelligence models on it;
• sell it, or use it for advertising.

Aggregated statistics that contain no personal data (for example the number of calls answered across the platform) are not covered by this restriction.

3.4 Categories of data subjects and personal data are listed in Annex 1.

4. Instructions

4.1 ResTable acts only on the restaurant's documented instructions. These are: this agreement, the Terms of Service, the settings the restaurant chooses in the dashboard, and anything else the restaurant tells ResTable in writing (e-mail is enough). They include the instruction to transfer data to the listed subprocessors outside the EEA under the safeguards in §13.

4.2 If ResTable believes an instruction breaks data protection law, it will tell the restaurant and may suspend carrying it out until the restaurant confirms or changes it.

4.3 If EU or Member State law requires ResTable to process data in some other way, ResTable will tell the restaurant first, unless that law forbids it.

5. Confidentiality

Everyone at ResTable who can access the restaurant's data is bound to confidentiality by contract or by law, and gets access only as far as their work requires.

6. Security

6.1 ResTable takes the technical and organisational measures listed in Annex 2. They take account of the state of the art, the cost, and the risks to guests and callers.

6.2 ResTable may improve these measures over time, as long as the level of protection does not go down.

7. Subprocessors

7.1 The restaurant gives general permission for ResTable to use subprocessors. The current list is published at https://restable.net/legal/subprocessors and forms part of this agreement.

7.2 ResTable will announce any new or replacement subprocessor at least 30 days before it starts processing, by e-mail to the restaurant's account owner and on the published list.

7.3 The restaurant may object within 14 days of the announcement, giving reasons. If the objection is justified and the parties cannot agree on a solution, the restaurant may end the Terms of Service before the change takes effect.

7.4 ResTable imposes the same data protection obligations on every subprocessor as this agreement imposes on ResTable. It remains responsible to the restaurant for its subprocessors' work.

8. Helping with guests' rights

8.1 Guests and callers exercise their rights (access, correction, erasure, restriction, portability, objection) against the restaurant. The dashboard lets the restaurant:

• look up a guest;
• export their data;
• correct it;
• erase it.

8.2 Where the dashboard cannot do something, for example erasing a caller who never became a guest record, ResTable will do it on the restaurant's written request within 10 working days.

8.3 If a guest contacts ResTable directly, ResTable will pass the request to the restaurant without delay and will not answer it itself, unless the restaurant asks it to.

9. Personal data breaches

9.1 ResTable will notify the restaurant without undue delay, and in any case within 48 hours, after becoming aware of a breach affecting the restaurant's data.

9.2 The notice will describe, as far as known at the time:

• what happened;
• the categories and approximate number of people and records affected;
• the likely consequences;
• what ResTable has done or proposes to do.

It will also name a contact. Information not yet known follows as soon as it is.

9.3 ResTable will help the restaurant meet its own duties to notify the supervisory authority and the people affected.

10. Other assistance

ResTable will give the restaurant the information it reasonably needs for a data protection impact assessment or a consultation with a supervisory authority about the service.

11. Deletion and return

11.1 During the contract ResTable deletes or anonymises data on the schedule in Annex 3. The restaurant can choose shorter periods where the dashboard offers them.

11.2 When the contract ends, the restaurant can download an export of its data in a common machine-readable format (JSON and CSV) for 30 days. After those 30 days ResTable deletes the restaurant's data, unless the law requires ResTable to keep part of it. Anything kept is used only for that legal purpose.

11.3 Data in backups is overwritten as backups rotate, within about 35 days of deletion. Until then, backups are encrypted and used only to restore the service after a failure. If a backup is ever restored, ResTable re-applies every deletion made since the backup was taken.

12. Audits

12.1 ResTable will make available the information needed to show that it meets this agreement:

• this agreement and its annexes;
• the subprocessor list;
• on request, a written description of its measures.

12.2 The restaurant, or an auditor it appoints who is bound to confidentiality, may audit ResTable's compliance once a year. It must give 30 days' notice, and the audit must take place during business hours and without disrupting the service. The restaurant bears its own costs. More frequent audits are allowed after a breach or on the order of a supervisory authority.

13. Transfers outside the EU and EEA

ResTable hosts the service in Germany and stores files and backups in the EU. Some subprocessors are established in, or may access data from, countries outside the EEA (see the subprocessor list). Such a transfer takes place only with a safeguard under Chapter V GDPR: an adequacy decision such as the EU–US Data Privacy Framework for certified companies, or the European Commission's Standard Contractual Clauses.

14. Liability

Liability under this agreement follows the Terms of Service, §12. Article 82 GDPR is not limited by it.

15. Final provisions

15.1 If this agreement and the Terms of Service conflict on data protection, this agreement takes precedence.

15.2 Changes to this agreement follow the change procedure in the Terms of Service, §15.

15.3 This agreement is governed by the same law as the Terms of Service.