This English version is legally binding for Agreements whose Order is drawn up in English. For all other Agreements, the Swedish version is binding and prevails – see the section “Order of precedence” in the Service Agreement.
Appendix to the Service Agreement for Callmaker, CM Software Callmaker AB, Reg. No. 556999-9971
Applies from 2026-10-09.
1.1 This appendix describes which Customer Data you can retrieve from the Service, how you do so, and how switching to another provider or to your own ICT infrastructure works. The appendix implements our obligations under Chapter VI of Regulation (EU) 2023/2854 of the European Parliament and of the Council (the Data Act).
1.2 The appendix forms part of the Agreement and supplements the section “Data portability and switching providers” in the Service Agreement. In matters governed by this appendix, the appendix takes precedence over the Service Agreement. If the appendix conflicts with mandatory provisions of the Data Act, the Regulation prevails.
1.3 The processing of personal data in connection with export, switching and deletion is also governed by Appendix 1 – Data Processing Agreement. You are the controller of the personal data in your Customer Data or, where Appendix 1, section 2.4, applies, the processor for the relevant Principal, and an export takes place on your instruction.
1.4 Our commitments under sections 6, 7 and 8 are subject to the Payment Condition under the Service Agreement being met. For as long as it is not met, we are entitled to withhold export, assistance and retrieval and to postpone the Transition Period under section 7.8. The Payment Condition does not apply to assistance under section 6.5 or to the deletion of personal data under Appendix 1, section 9.
1.5 Sections 1.3 and 1.4 and sections 2–5, 8, 9, 10, 11 and 13 continue to apply after the termination of the Agreement; sections 6 and 7 also apply for as long as a Transition Period or Retrieval Period is running, and section 6.5 for as long as we store the personal data.
In addition to the definitions in the Service Agreement, the following apply in this appendix:
3.1 Your Customer Data in the Service is organised hierarchically. You import customer cards into lists. Each customer card receives one or more activities when it is handled or called. Each activity comprises one or more calls. An order or booking that is created is linked both to the activity in which it arose and to the customer card. SMS messages are linked to the order, call or customer card in which they were sent or received. The Service also generates statistics based on this data.
3.2 The hierarchy is preserved on export. Each record contains identifiers linking it to its parent and child records, so that the structure can be recreated outside the Service.
The following categories constitute Exportable Data. Unless otherwise stated below, all of them can be exported in full with all imported fields and associated metadata:
The username and user ID of the User who handled a record are included as metadata in the export of customer cards, activities, calls, orders, bookings and SMS.
The field level for each category is set out in the Export Specification.
5.1 The following data relates to the internal functioning of the Service and is not covered by Exportable Data, as disclosure would entail a risk of revealing our trade secrets:
5.2 The exclusions may not prevent or delay a Switch. Data that you have imported yourselves, or that has been generated through your use under section 4, is always Exportable Data even if it is stored together with excluded data.
6.1 At any time during the contract term, provided that the Payment Condition is met, you can, at no extra cost and without our involvement, export all Exportable Data, except for the User List, call scripts and campaign settings under section 4, through the Service’s export functions:
6.2 Export takes place in a structured, commonly used and machine-readable format. Structured data is exported as CSV or XLSX, and the formatting of dates, numbers and characters is controlled by you in the Field Setting. Audio files are exported as MP3, WAV or GSM, as you choose, and each audio file is labelled with the identity of the call or order to which it belongs.
6.3 The Export Specification shows in the Service all available fields per category with formats, data structures and identifiers. You choose which fields to include through your Field Setting; all fields under section 4 are always selectable. The procedure for Switching is set out in section 7.
6.4 If the Payment Condition is not met, we may disable the export functions and refrain from providing Exportable Data on request. The export functions are reopened within two (2) Working Days after the Payment Condition is met again. The fact that export could not take place during such time does not entitle you to an extension of time limits under this appendix or to compensation from us. Deletion under the section “Audio files” in the Service Agreement continues in the meantime.
6.5 Regardless of the Payment Condition, at your written request we provide the personal data about a named data subject that you need to respond to a request from that data subject under the GDPR, and delete, at your written request, the personal data about a named data subject who has requested erasure. The request shall specify the data subject and the right it concerns.
7.1 Request. You request Switching in writing to info@callmaker.se. The request should state the Receiving Provider, or that the data is to be ported to your own ICT infrastructure, the desired start date for the Transition Period, the desired formats, and a contact person at your organisation and at the Receiving Provider.
7.2 Start. The Transition Period begins on the date you specify in the request, but no earlier than ten (10) Working Days after we have received it, unless we agree otherwise, and no later than two (2) months after we have received it. If you do not specify a date, the Transition Period begins ten (10) Working Days after receipt.
7.3 Length of the Transition Period. The Transition Period is thirty (30) calendar days. You are entitled to extend the Transition Period once by the period you consider appropriate by notifying us before it expires.
7.4 Our commitments during the Transition Period. The Agreement continues to apply during the Transition Period, and we shall
7.5 Technical obstacles. If it is technically impossible to carry out the Switch within thirty (30) calendar days, we shall notify you of this, with reasons, within fourteen (14) Working Days of receiving the request, and specify an alternative Transition Period, which may not exceed seven (7) months. Business continuity is maintained throughout the alternative period.
7.6 Completed Switch. The Switch is completed when all Exportable Data and all Digital Assets under section 4 have been made available to you or the Receiving Provider in the manner and formats set out in sections 4 and 6 and you have confirmed this in writing, or have not objected within ten (10) Working Days after we notified you that the data has been made available. The legal effects of a completed Switch are set out in the section “Data portability and switching providers” in the Service Agreement.
7.7 Cooperation. The Parties shall cooperate in good faith so that the Switch can be carried out efficiently, on time and with continuity maintained. You are responsible for ensuring that the Receiving Provider can receive data in the formats specified in section 6.
7.8 The Payment Condition. If the Payment Condition is not met when you request Switching, or ceases to be met during the Transition Period, we are not obliged to start or continue the Transition Period, provide Exportable Data or Digital Assets or provide assistance under section 7.4 until full payment has been made. The Transition Period starts or resumes ten (10) Working Days after full payment has been made. The Agreement continues to apply and ordinary fees are charged until the Switch has been completed or the Agreement has terminated on other grounds.
8.1 After the end of the Transition Period – or, if the Agreement terminates without Switching having been requested, after the termination of the Agreement – you are entitled, provided that the Payment Condition is met, to retrieve Exportable Data in accordance with sections 4 and 6 during a Retrieval Period of thirty (30) calendar days. During the Retrieval Period, your access is limited to reading and export. If, during the Retrieval Period, you have requested the campaign settings or the User List under section 4, the Retrieval Period is extended where necessary so that it ends no earlier than ten (10) Working Days after we have provided them.
8.2 The Retrieval Period is free of charge. The Parties may agree in writing on a longer Retrieval Period for a fee in accordance with the Service Price List.
8.3 If the Payment Condition is not met at the end of the Retrieval Period, the Retrieval Period is extended by one hundred and twenty (120) days. Access under section 8.1 is given once full payment has been made, and the Retrieval Period then runs for at least thirty (30) days from payment. If full payment has not been made before the end of the extended Retrieval Period, Exportable Data and Digital Assets are deleted in accordance with section 9. Return of personal data under Appendix 1, section 9.1, is subject to the Payment Condition being met and then takes place during the Retrieval Period. Deletion under Appendix 1, section 9, and assistance under section 6.5 take place regardless of the Payment Condition.
9.1 After the end of the Retrieval Period, or at such later time as the parties have agreed in writing, we delete all Exportable Data and all Digital Assets generated directly by you or relating directly to you.
9.2 Exceptions apply to data that we are required to retain by law, such as invoicing records under the Swedish Bookkeeping Act. Such data is deleted when the obligation ceases and is not used for any other purpose in the meantime.
9.3 Personal data is deleted in accordance with Appendix 1. On request, we confirm in writing that deletion has taken place.
10.1 Export under section 6, assistance under section 7 and retrieval under section 8 are free of charge but require the Payment Condition to be met. We do not charge any fee for Switching.
10.2 This does not prevent us from charging
11.1 The ICT infrastructure used to process your Customer Data is located as set out in the current information at https://www.callmaker.se/en/data-processing-agreement/.
11.2 We have taken technical, organisational and contractual measures to prevent third-country authorities from accessing or transferring non-personal data in your Customer Data in breach of Union law or Swedish law.
12.1 Amendments to this appendix are made in accordance with the section “Amendments to the Agreement” in the Service Agreement.
12.2 The Export Specification may be updated on an ongoing basis without this constituting an amendment to the Agreement, provided that the update does not restrict the categories of Exportable Data set out in section 4 or impair your ability to export.
Questions about export can be sent to info@callmaker.se or asked by phone on +46 31 313 22 00. Requests for Switching are made in writing in accordance with section 7.1.
