Exit and Switching Annex

CampOne GmbH, Grondia

Annex 6 to the Order Form

1. Purpose, scope and precedence

1.1 This Exit and Switching Annex (“Annex”) forms part of the agreement between CampOne GmbH (“Grondia”) and the Customer named in the Order Form (the “Agreement”). Grondia is a brand of CampOne GmbH. Capitalised terms not defined here have the meaning given in the Grondia General Terms of Service (the “General Terms”).

1.2 Part A applies to every Customer. For a Customer that is not an EU Customer, Part A is a contractual commitment of Grondia that applies whether or not any law requires it. Part B applies in addition to every EU Customer and implements Chapter VI of Regulation (EU) 2023/2854 (the “Data Act”).

1.3 “EU Customer” has the meaning given in the General Terms: a Customer that has its registered office in, or uses the Services for a campground located in, a member state of the European Union or of the European Economic Area.

1.4 The order of precedence in section 3.1 of the General Terms applies: the Order Form prevails only where it expressly deviates from another document; then the Data Processing Agreement for data protection matters; then this Annex for exit and switching matters (Part A for all Customers, Part B for EU Customers); then the Service Level Agreement, if agreed; then the General Terms; then the policies. For EU Customers, mandatory provisions of the Data Act prevail over any inconsistent contractual provision (section 3.3 of the General Terms).

1.5 Grondia makes this Annex available to the Customer before the Order Form is signed, in a form that allows the Customer to store and reproduce it (Data Act Art. 25(1)).

2. Definitions

In this Annex, the following terms have the meanings below. Terms marked “Data Act” follow the definitions in Art. 2 of the Data Act and are interpreted in line with them.

2.1 “Customer Data” has the meaning given in the General Terms.

2.2 “Exportable Data” (Data Act Art. 2(38)): the input and output data, including metadata, directly or indirectly generated, or cogenerated, by the Customer’s use of the Services, excluding any assets or data protected by intellectual property rights, or constituting a trade secret, of Grondia or third parties. The categories are specified exhaustively in Schedule 1.

2.3 “Digital Assets” (Data Act Art. 2(32)): elements in digital form, including applications, for which the Customer has the right of use, independently from its contract with Grondia. The categories are specified in Schedule 1.

2.4 “Excluded Data”: the categories of data specific to the internal functioning of the Services that are exempted from the Exportable Data, specified exhaustively in Schedule 2.

2.5 “Switching” (Data Act Art. 2(34)): the process in which the Customer changes from using the Services to using a service of the same service type or another service offered by a different provider (the “Destination Provider”), or to on-premises ICT infrastructure, including through extracting, transforming and uploading the data.

2.6 “Switching Charges” (Data Act Art. 2(36)): charges, other than standard service fees or early termination penalties, imposed on the Customer for the actions mandated by the Data Act for Switching, including data egress charges.

2.7 “Switching Request”: the Customer’s notice under section 8.

2.8 “Notice Period”, “Transitional Period” and “Retrieval Period”: the periods defined in sections 9, 10 and 13.

2.9 “Online Register”: the online register that Grondia publishes on its website under Data Act information, in which Grondia documents the data structures, data formats, relevant standards and open interoperability specifications of the Exportable Data (Data Act Art. 26(b)).

Part A: Export and exit rights for all Customers

3. Export at any time

3.1 The Customer owns its Customer Data. During the term of the Agreement, the Customer may export its Exportable Data at any time, as often as it wishes, free of charge.

3.2 Exports are provided in the formats set out in Schedule 1: structured data in JSON with a schema documented in the Online Register, lists and reports in CSV, and invoices, receipts and documents in PDF or in their original file format.

3.3 The Customer uses the self-service export functions of the Services where they are available for a category. Where a category in Schedule 1 is not, or not completely, covered by a self-service export function, Grondia provides the export on request within 10 Business Days, free of charge.

4. Exit assistance

4.1 When the Agreement ends for any reason, Grondia provides reasonable assistance to the Customer and to a provider the Customer names to transfer the Exportable Data and Digital Assets, including:

(a) answering questions about the data structures and formats documented in the Online Register;

(b) providing a complete export of the Exportable Data at a date the Customer names;

(c) cooperating with the Destination Provider in good faith on technical questions about the export; and

(d) helping the Customer to move its domain names, website redirects and email sending settings away from Grondia.

4.2 Assistance under section 4.1 is free of charge for every Customer. Work that goes beyond it, for example transforming the data into the import format of a specific Destination Provider or writing custom migration scripts, is a professional service under a statement of work at the rates stated in the Order Form. Grondia performs and charges for such work only if the Customer asks for it in writing.

5. Export window after the Agreement ends

5.1 After the Agreement ends, the Customer may export its Exportable Data for 30 days (the “Post-Termination Export Window”). During that window, Grondia either keeps the export functions available to the Customer’s administrators or provides the complete export on request within 5 Business Days.

5.2 For EU Customers, the Retrieval Period in section 13 applies instead where it gives the Customer more time.

6. Deletion

6.1 Grondia deletes the Customer Data, including the Exportable Data and Digital Assets that the Customer generated directly or that relate directly to the Customer, within 30 days after the end of the Post-Termination Export Window or, for EU Customers, after the end of the Retrieval Period. Copies in backups age out and are overwritten or deleted in the normal backup cycle within a further 90 days. Grondia confirms the deletion in writing on request.

6.2 Section 6.1 does not apply to data that Grondia keeps as an independent controller for its own purposes and is required or entitled to keep by law, such as its contract, billing and accounting records relating to the Customer, and the onboarding records it must keep where the Customer uses Grondia Pay. Such data is not Customer Data under the Data Processing Agreement.

6.3 The Customer’s own retention duties. The Customer remains responsible for keeping the records it must keep by law, such as accounting records, invoices, guest registration records and tourist tax records. The Customer must export them before deletion. Grondia does not keep Customer Data after deletion to meet the Customer’s retention duties, unless the parties agree a paid archive service in writing.

6.4 Deletion of personal data is also governed by the Data Processing Agreement. This Annex is the Customer’s instruction, as controller, on the return and deletion of personal data at the end of the Services: Grondia keeps the data during the Post-Termination Export Window or, for EU Customers, during the Notice, Transitional and Retrieval Periods, makes it available for export, and then deletes it as set out above. The Customer may instruct earlier deletion in writing at any time. For an EU Customer, such an instruction counts as a request for erasure under section 8.1(c).

7. Security of exports

7.1 Exports are made available only to authorised administrators of the Customer, through encrypted connections, with download links that expire after 7 days. Exports are logged.

7.2 If the Customer asks Grondia to send an export directly to a Destination Provider, it gives Grondia the recipient’s details in writing. Grondia transfers the data only through an encrypted channel agreed with the recipient.

7.3 Exports contain personal data of Guests, staff and others. In providing them, Grondia acts as the Customer’s processor on the Customer’s instructions. The Customer is responsible for having a legal basis for the transfer and, where needed, a data processing agreement with the Destination Provider.

Part B: Switching under the EU Data Act (EU Customers only)

8. Switching Request

8.1 The Customer may at any time, irrespective of the fixed term of the Agreement, notify Grondia in writing that it wishes to (Data Act Art. 25(3)):

(a) switch to a different provider of data processing services, in which case it names the Destination Provider and a technical contact there;

(b) switch to its own on-premises ICT infrastructure; or

(c) have its Exportable Data and Digital Assets erased.

8.2 The Customer sends the Switching Request in writing to hello@grondia.com or through the support inbox in the Services, with the content set out in Schedule 4. Grondia confirms receipt within 2 Business Days.

8.3 The Customer may combine option (a) or (b) with a later erasure under section 14.

9. Notice Period

9.1 The maximum notice period for the initiation of the switching process is two months from Grondia’s receipt of the Switching Request (Data Act Art. 25(2)(d)).

9.2 The Customer may name in the Switching Request an earlier start date for the Transitional Period, at the earliest 10 Business Days after receipt. If the Customer names no date, the Transitional Period starts two months after receipt.

9.3 The Agreement, including the payment of standard service fees, continues during the Notice Period.

10. Transitional Period

10.1 The Transitional Period starts at the end of the Notice Period and lasts at most 30 calendar days (Data Act Art. 25(2)(a)). During the Transitional Period the Agreement remains applicable and Grondia:

(a) provides reasonable assistance to the Customer and to third parties the Customer authorises, including the Destination Provider, in the switching process;

(b) acts with due care to maintain business continuity, and continues to provide the functions and Services under the Agreement;

(c) provides clear information about known risks to the continuity of the functions or Services on Grondia’s side; and

(d) ensures that a high level of security is maintained throughout the switching process, in particular the security of the data during their transfer and their continued security during the Retrieval Period.

10.2 Grondia completes the porting of the Exportable Data and Digital Assets without undue delay and in any event by the end of the Transitional Period.

10.3 Technical unfeasibility. If the 30-day Transitional Period is technically unfeasible, Grondia notifies the Customer within 14 working days after receipt of the Switching Request, gives the reasons for the technical unfeasibility, and proposes an alternative Transitional Period of no more than seven months. Service continuity is ensured throughout the alternative Transitional Period (Data Act Art. 25(4)).

10.4 Extension by the Customer. The Customer may extend the Transitional Period once, for a period it considers more appropriate for its own purposes, by notice in writing before the Transitional Period ends (Data Act Art. 25(5)). The standard service fees continue to apply during the extension.

11. Exit strategy support and information

11.1 Grondia supports the Customer’s exit strategy relevant to the Services, including by providing all relevant information (Data Act Art. 25(2)(b)).

11.2 Grondia provides the Customer with information on the available procedures for switching and porting, including the available switching and porting methods and formats, and the restrictions and technical limitations known to Grondia (Data Act Art. 26(a)). This information is set out in Schedules 1 and 3 and in the Online Register.

11.3 Grondia keeps the Online Register up to date (Data Act Art. 26(b)).

11.4 Grondia makes the export functions and the documented export interfaces described in the Online Register available to all its customers and to the Destination Providers concerned, to an equal extent and free of charge, to facilitate Switching (Data Act Art. 30(2)).

11.5 As long as no common specifications or harmonised standards for the interoperability of the relevant service type have been published under the Data Act, Grondia exports all Exportable Data at the Customer’s request in a structured, commonly used and machine-readable format (Data Act Art. 30(5)).

11.6 Grondia is not required to develop new technologies or services, to disclose or transfer digital assets protected by its intellectual property rights or constituting its trade secrets, or to compromise the security and integrity of the Services (Data Act Art. 30(6)).

12. Exportable Data, Digital Assets and Excluded Data

12.1 The categories of data and Digital Assets that can be ported during the switching process, including at a minimum all Exportable Data, are specified exhaustively in Schedule 1 (Data Act Art. 25(2)(e)).

12.2 The categories of data specific to the internal functioning of the Services that are exempted from the Exportable Data because porting them would risk a breach of Grondia’s trade secrets are specified exhaustively in Schedule 2 (Data Act Art. 25(2)(f)). These exemptions do not impede or delay the switching process.

13. Retrieval Period

13.1 After the end of the Transitional Period, including any alternative or extended Transitional Period, the Customer may retrieve its Exportable Data and Digital Assets for at least 30 calendar days (the “Retrieval Period”) (Data Act Art. 25(2)(g)). The Customer may ask in writing for a longer Retrieval Period. Grondia agrees to reasonable requests on terms agreed in writing.

13.2 During the Retrieval Period, Grondia keeps the data secure in accordance with section 10.1(d).

14. Termination and erasure

14.1 The Agreement is considered terminated, and Grondia notifies the Customer of the termination in writing (Data Act Art. 25(2)(c)):

(a) where the Customer switches, upon the successful completion of the switching process; or

(b) where the Customer does not wish to switch but to erase its Exportable Data and Digital Assets, at the end of the Notice Period.

14.2 The switching process is completed successfully when Grondia has made all Exportable Data and Digital Assets available to the Customer or the Destination Provider as requested and either (a) the Customer confirms completion in writing, or (b) the Transitional Period ends without the Customer having notified Grondia in writing of a specific failure in the porting. If the Customer notifies such a failure, Grondia fixes it without undue delay and the Transitional Period continues as needed for that purpose, within the limits of section 10.

14.3 Grondia guarantees full erasure of all Exportable Data and Digital Assets generated directly by the Customer or relating to the Customer directly, after the expiry of the Retrieval Period or after a later date agreed with the Customer, provided that the switching process has been completed successfully (Data Act Art. 25(2)(h)). Grondia completes the erasure within 30 days after the Retrieval Period ends, and copies in backups age out within a further 90 days. Grondia confirms the erasure in writing.

14.4 Where the Customer chose erasure under section 8.1(c), Grondia erases the data within 30 days after the end of the Notice Period, with copies in backups aged out within a further 90 days, unless the Customer asks in writing for a Retrieval Period first.

14.5 Sections 6.2 and 6.3 apply.

15. Fees and charges

15.1 No Switching Charges. Grondia does not impose any Switching Charges on the Customer, including data egress charges, for the switching process.

15.2 Standard service fees. The standard service fees under the Order Form continue to apply until the Agreement ends under section 14. They are not Switching Charges.

15.3 Early termination. An early termination fee applies only if it is agreed in the Order Form. Where such a fee is agreed and the Agreement ends under this Part B before the end of the Initial Term or the current Renewal Term, the Customer pays that fee. Where no early termination fee is agreed, none applies. No early termination fee applies where the Customer terminates for a reason attributable to Grondia, including termination for good cause. Any early termination fee is the only charge for early exit: Grondia refunds prepaid fees for the period after the Agreement ends, less that fee, and no compensation for the early end of a hardware rental under the Hardware Terms applies.

15.4 Additional services. Section 4.2 applies to work beyond Grondia’s obligations. Grondia charges for such work only where it goes beyond Grondia’s switching obligations under the Data Act and the Customer has asked for it in writing.

15.5 Pre-contract information. Before the Order Form is signed, Grondia informs the Customer of the standard service fees, of any early termination fee under section 15.3 and of the fact that no Switching Charges apply (Data Act Art. 29(4)), and states them in the Order Form. Grondia is not aware of any part of the Services that involves highly complex or costly switching, or for which switching is impossible without significant interference in the data, digital assets or service architecture, other than the limitations listed in Schedule 3 (Data Act Art. 29(5)).

16. Websites with required information

16.1 Grondia publishes and keeps up to date, on its website under Data Act information:

(a) the jurisdiction to which the ICT infrastructure deployed for each of its individual services is subject, and a general description of the technical, organisational and contractual measures Grondia has adopted to prevent international governmental access to, or transfer of, non-personal data held in the Union where such access or transfer would conflict with Union law or the national law of the relevant member state (Data Act Art. 28(1)); and

(b) its standard service fees, early termination penalties and switching charges, and the information on complex switching (Data Act Art. 29(6)).

16.2 This section 16 lists the website referred to in section 16.1 as required by Art. 28(2) of the Data Act.

17. Cooperation in good faith

All parties involved, including the Destination Provider, cooperate in good faith to make the switching process effective, to enable the timely transfer of data and to maintain the continuity of the Services (Data Act Art. 27). The Customer in particular names the Destination Provider and its technical contact, gives the decisions needed for the export, and pays the standard service fees until the Agreement ends.

18. Exceptions under Data Act Art. 31

18.1 The Grondia services are offered at broad commercial scale through Grondia’s standard service catalogue and are not custom-built for individual customers. The exception for custom-built services in Art. 31(1) of the Data Act therefore does not apply, unless the Order Form states otherwise for a specific custom-built component.

18.2 A non-production version of the Services provided for testing and evaluation for a limited period, such as an evaluation pilot, is not subject to Chapter VI of the Data Act (Art. 31(2)). Grondia informs the prospective customer of this before contracting (Art. 31(3)).

Schedule 1: Exportable Data and Digital Assets (exhaustive specification)

Section 3.3 sets out whether a category is exported through the self-service export functions or by Grondia on request.

Schedule 2: Excluded Data (exhaustive specification)

The following are not Exportable Data, because they are Grondia’s intellectual property or trade secrets, or because exporting them would compromise the security and integrity of the Services (Data Act Art. 2(38), Art. 25(2)(f) and Art. 30(6)):

1. Grondia’s software, source code, database schema internals not documented in the Online Register, themes, templates, design components, scripts and tools.

2. Grondia’s internal infrastructure, performance, monitoring and security logs that do not specifically relate to the Customer’s account, and Grondia’s fraud and risk signals.

3. Password hashes, multi-factor authentication secrets, session tokens, API keys and encryption keys. Users set new credentials with the Destination Provider.

4. Anonymous aggregate statistics and benchmarks that Grondia computes on the Customer’s instruction, where the Customer has opted in under the General Terms and the Data Processing Agreement, and that identify no person. The Customer’s own benchmark figures shown in the Services remain exportable.

5. Grondia’s AI system configurations, system prompts and models, as distinct from the Customer’s own AI settings and content in Schedule 1, row 14.

6. Grondia’s own commercial records, including its contracts and terms with the payment service provider and other vendors.

None of these exclusions applies to data that the Customer needs to use the Exportable Data, such as identifiers that link records together, which are included in the export.

Schedule 3: Known restrictions and technical limitations

1. Payment cards. Grondia does not hold card numbers. Cards stored for later charges are tokens held by the payment service provider. Tokens cannot be used by another payment provider. A migration of stored card data to another PCI DSS compliant provider can only be performed by the payment service provider. At the Customer’s request, Grondia asks the payment service provider for such a migration and supports it.

2. The Customer’s account with the payment service provider. Where the Customer uses Grondia Pay, it is its own account holder with the payment service provider. Ending the Agreement with Grondia ends Grondia’s platform services for that account. Whether and how the Customer can continue a direct relationship with the payment service provider is a matter between the Customer and the payment service provider.

3. Channel connections. Mappings and settings are exported, but connections to online travel agencies and channel partners must be re-established by the Destination Provider. Reservations received after the connection is moved are not received by Grondia.

4. Booking Pages and widgets. Booking Pages, widgets and links on the Customer’s domain stop working when the Agreement ends. The Customer should replace them and set redirects before the end of the Transitional Period or of the Agreement.

5. Hosted Websites. Website content and media are exported (Schedule 1, rows 12 and 13). The design theme and code are Grondia’s and are not exported, so the website must be rebuilt on the Destination Provider’s system.

6. Email sending. The Customer should remove the DNS records that authorise Grondia to send email on the Customer’s domain after switching.

7. POS and kiosk apps. The apps stop working when the Agreement ends. Hardware is governed by the Hardware Terms.

8. Guest registration and authority connections. Registrations with authorities or tourist offices for electronic reporting may need to be renewed with the Destination Provider.

9. Recalculated values. Some values shown in the Services are calculated when displayed (for example certain report totals). The export contains the underlying records and the stored totals. A recalculation by the Destination Provider may differ where it uses other rules.

Schedule 4: Content of a Switching Request