DATA PROCESSING AGREEMENT
Liscaragh Software (Dave Devery Consulting Ltd)
Version: 1.0
Effective date: 27 July 2026
1. SCOPE OF THIS AGREEMENT
This Data Processing Agreement applies across our products and is limited in scope. It applies only to personal data that the Customer voluntarily includes in a support request or diagnostic material sent to support@liscaragh.com, for example within logs, screenshots, sample data or written correspondence, as contemplated by the applicable End User Licence Agreement's clauses on support information and support data.
This Agreement does not apply to, and has no bearing on, data processed by a product in the course of its ordinary operation for the Customer, for example the data moved by a migration tool such as Liscaragh Migrate. As set out in the applicable End User Licence Agreement, Liscaragh Software does not receive, host or store that data, and is not a data controller or processor of it. This Agreement covers only the narrower, separate case of personal data a Customer chooses to send us directly for support purposes.
Where this Agreement conflicts with the applicable End User Licence Agreement for the relevant product on a data protection matter, this Agreement takes priority for that matter only, in line with the order of precedence set out in that Agreement's related documents clause.
2. THE PARTIES AND THEIR ROLES
Where the personal data in a support request relates only to the individual who sent it, for example their own name and email address, Liscaragh Software processes that data as an independent controller, as described in our Privacy Notice.
Where the personal data in a support request relates to someone else, for example an employee or end user of the Customer whose name, username or file path happens to appear in a log, screenshot or piece of sample data, the Customer is the controller of that data and Liscaragh Software processes it as a processor, acting only on the Customer's instructions as reflected in the support request itself and this Agreement.
The Customer must not send personal data that is unnecessary for the support request, and remains responsible for having a lawful basis to disclose any personal data it chooses to include.
3. NATURE, PURPOSE AND DURATION OF PROCESSING
Nature and purpose: investigating and responding to the specific support request, including reproducing the reported issue, reviewing logs or screenshots, and communicating a resolution.
Duration: for as long as the support request remains open, and thereafter for the retention period set out in our Support Policy and Privacy Notice, currently 3 years after the request is resolved, unless earlier deletion is required or a longer period is necessary for a legal dispute.
4. CATEGORIES OF DATA SUBJECTS AND PERSONAL DATA
Categories of data subjects: the Customer's authorised users, employees, or end users of the relevant product, where their details happen to appear in material the Customer sends us.
Categories of personal data: names, email addresses, usernames, file or folder paths, and similar identifiers that may appear incidentally in logs, screenshots, error messages or sample data. We do not ask for, and the Customer should not send, special category data (such as health, religious, or similarly sensitive information) or financial account credentials.
5. OUR OBLIGATIONS AS PROCESSOR
Where we act as a processor under section 2, we will:
a. process personal data only on the Customer's documented instructions as reflected in the support request and this Agreement, unless otherwise required by applicable law;
b. ensure that any person authorised to process the personal data is subject to an appropriate duty of confidentiality;
c. implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or unauthorised access, taking into account the nature, scope, context and purposes of the processing and the risks to individuals;
d. use the personal data solely for the purpose of investigating, diagnosing and responding to the relevant support request, and not for any other purpose, including marketing;
e. not appoint a sub-processor specifically for support services without first updating this Agreement. Support requests are currently handled directly through our own Microsoft 365 mailbox and are not processed using a third-party helpdesk, ticketing or outsourced support platform;
f. ensure that any transfer of personal data outside the European Economic Area is carried out only where permitted by applicable data protection law and is protected by appropriate safeguards, including an adequacy decision of the European Commission, the European Commission's Standard Contractual Clauses, or another lawful transfer mechanism where applicable;
g. provide reasonable assistance to the Customer, taking into account the nature of the processing, in responding to requests from data subjects exercising their rights under the GDPR, where the Customer cannot reasonably do so without our assistance;
h. notify the Customer without undue delay after becoming aware of a personal data breach affecting personal data processed under this Agreement, and provide available information reasonably required for the Customer to comply with its own obligations under applicable data protection law; and
i. upon expiry of the applicable retention period, or earlier where agreed in writing, securely delete or return personal data within the scope of this Agreement unless we are required by law to retain it.
6. RECORDS, INFORMATION AND VERIFICATION
Having regard to the limited nature and volume of processing carried out under this Agreement, the parties agree that reasonable written requests for information will normally provide sufficient evidence of compliance.
Upon reasonable written request, Liscaragh Software will provide information reasonably necessary to demonstrate compliance with this Agreement. Where the Customer reasonably believes additional verification is necessary to satisfy its legal obligations under the GDPR, the parties will discuss an appropriate and proportionate method of providing that assurance, taking into account the scope of the processing and the resources of both parties.
7. ASSISTANCE
Taking into account the nature of the processing and the information available to us, we will provide reasonable assistance to the Customer where necessary to help it comply with its obligations under Articles 32 to 36 of the GDPR, to the extent those obligations relate to personal data processed under this Agreement.
8. LIABILITY
The liability provisions of the applicable End User Licence Agreement for the relevant product, including its liability cap and exclusions, apply to any claim connected with this Agreement, to the maximum extent permitted by law.
9. TERM
This Agreement applies for as long as the applicable End User Licence Agreement for the relevant product is in force between the parties, and continues to apply after termination for as long as we hold any personal data within its scope.
10. GOVERNING LAW
This Agreement is governed by the laws of Ireland, and the courts of Ireland have exclusive jurisdiction over any dispute arising from it, on the same basis as set out in the applicable End User Licence Agreement.
11. CONTACT
Questions about this Agreement, or requests concerning personal data within its scope, should be sent to support@liscaragh.com or to Dave Devery Consulting Ltd, trading as Liscaragh Software, Liscaragh, Puckane, Co. Tipperary, Ireland.