Switching provider and data portability

Virtual servers (VPS), cloud services, storage and backup. Colocation, remote hands, connectivity on its own and professional services are not covered. Where a service is built to order for a single customer, the offer says so and states which obligations do not apply.

As provided by art. 13.1 of the General Terms, DataMind applies that article to every Service the contract qualifies as a Data Processing Service, even where those obligations would not apply by law.

1. Request: by certified email (PEC) to amministrazione@pec.datamindsrl.it, stating whether you wish to move to another provider (giving that provider's details), move the data onto your own infrastructure, or have it deleted.
2. Notice: no more than 30 days from the request.
3. Transition period: up to 30 days, during which the service continues and DataMind provides assistance. If 30 days are not enough for technical reasons, DataMind says so within 14 working days and sets an alternative period of up to 7 months. The customer may extend the transition period once.
4. Retrieval period: 30 days after the transition period, in which to retrieve the data.
5. Deletion: from active and production systems within 10 days of the end of the Retrieval Period; from Backup copies and Snapshots at the natural expiry of their respective retention — currently 30 days for Backups and 7 days for Snapshots — and in any case no later than 60 days from the end of the Retrieval Period. Where applicable, that term constitutes the different subsequent period agreed under art. 25(2)(h) of Regulation (EU) 2023/2854. Written confirmation of deletion on request.

Standards and specifications: disk formats QCOW2, VMDK, VHDX, OVF (DMTF); JSON (RFC 8259); PEM (RFC 7468); transfer over SFTP (SSH) or HTTPS (TLS).

To protect trade secrets and security: DataMind's own infrastructure configurations, scripts, templates and automation; security logs that are aggregated or that also relate to other customers; internal security procedures and documentation; infrastructure administration credentials. The customer's own configurations are supplied in any case.

• download over SFTP or HTTPS, with personal credentials that expire;
• direct transfer to the new provider, authorised in writing by the customer;
• copy onto an encrypted disk supplied by the customer, handed over by appointment.

• Operating system licences sublicensed by DataMind end with the service: exported images may require a new licence at the destination.
• DataMind's IP addresses and its proxy and VPN configurations are not transferable: the customer receives a description of them in order to recreate them.
• Unless the offer states otherwise, backup copies of virtual machines managed by the customer do not guarantee application-level consistency of running databases.

• No switching charges and no charge for outbound traffic.
• Service fees remain payable during the notice and transition periods.
• Download and direct transfer are free at any volume; copying onto a disk supplied by the customer is free up to 1 TB, above which the working time is charged at the hourly rate.
• Work requested beyond the statutory obligations (for example migrating applications or databases at the new provider) is quoted at the applicable rate.
• Early termination of a fixed-term contract: a charge equal to 80% of the remaining fees in the initial period and 50% in renewals, calculated net of third-party licences and services that cease, plus any un-invoiced one-off costs and specific non-recoverable costs. In any case, the total Early Termination Charge does not exceed the recurring fees that would have accrued to the end of the current contract period. For the full rules, including the treatment of discounts, free items, one-off costs and specific non-recoverable costs, art. 11.2 of the General Terms applies.

• Jurisdiction: Italian and European Union law for all services. DataMind S.r.l. is an Italian company with no non-EU shareholders or parent companies; the infrastructure is its own property, sits in the Novara datacenter, and is operated by its own staff.
• Suppliers: no non-EU supplier has access to customer systems or customer data. The only exception, and only where the customer chooses the endpoint protection service: the manufacturer of the platform, based in the United States, receives technical security data stored within the European Union, with the safeguards set out in the data processing agreement. The customer may ask for endpoint protection not to be installed on their own resources.
• Measures against non-compliant access: DataMind considers requests from the authorities of third countries only where they are transmitted through the judicial cooperation instruments of the European Union or of Italy; it verifies the legal basis of every request, discloses only the data strictly requested, and informs the customer unless prohibited by law. Data is held encrypted in backups and administrative access is restricted to authorised, logged personnel.

• Switching requests: amministrazione@pec.datamindsrl.it
• Information: support@datamindsrl.it