(a) This Data Processing Agreement (the DPA) governs the processing of personal data by the Processor on behalf of the Controller.

(b) The controllers and processor listed in Annex I have agreed to this DPA in order to ensure compliance with applicable data protection legislation.

(c)This DPA applies to the processing of personal data as specified in Annex II.
Annexes I to IV are an integral part of this DPA.

(d) This DPA is without prejudice to obligations to which the controller is subject by applicable data protection legislation.

This DPA does not prevent the Parties from including the clauses laid down in this DPA in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the DPA or detract from the fundamental rights or freedoms of data subjects.

(a) Where this DPA uses the terms defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.

(b) This DPA shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.

(c) This DPA shall not be interpreted in a way that runs counter to the rights and obligations provided by applicable data protection legislation or in a way that prejudices the fundamental rights or freedoms of the data subjects.

In the event of a contradiction between this DPA and the provisions of related agreements between the Parties existing at the time when this DPA is agreed or entered into thereafter, this DPA shall prevail.

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.

(a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by the law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.

(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe applicable data protection provisions.

The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.

Processing by the processor shall only take place for the duration specified in Annex II.

(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.

(a) The Parties shall be able to demonstrate compliance with this DPA.

(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with this DPA.

(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in this DPA and stem directly from applicable data protection legislation. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by this DPA, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.

(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.

(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.

(a) The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list that can be found in Annex IV. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 14 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.

(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with this DPA. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to this DPA.

(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.

(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the sub-processor to fulfil its contractual obligations.

(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby - in the event the processor has factually disappeared, ceased to exist in law or has become insolvent - the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.

(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis of documented instructions from the controller or in order to fulfil a specific requirement under the law to which the processor is subject.

(b) The processor shall only disclose the personal data to a sub-processor or another third party based on documented instructions from the controller. In addition, the data may only be disclosed to a third party or sub-processor in a third country if a sub-processor or the third party agrees to be bound by this DPA, or if:

1. the onward transfer is to a country benefiting from an adequacy decision that covers the onward transfer;
2. the third party otherwise ensures appropriate safeguards pursuant to applicable data protection law;
3. the transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or
4. the transfer is necessary in order to protect the vital interests of the data subject or of another natural person.

(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.

(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions.

(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:

• (i) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
• (ii) the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
• (iii) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
• (iv) the obligations to ensure security of personal data.

(d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.

In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under applicable data protection legislation, taking into account the nature of processing and the information available to the processor.

In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:

(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);

(b) in obtaining the following information which shall be stated in the controller’s notification, and must at least include:

1. the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
2. the likely consequences of the personal data breach;
3. the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

(c) in complying with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:

(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
(b) the details of a contact point where more information concerning the personal data breach can be obtained;
(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate its possible adverse effects.

Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.

The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations.

(a) Without prejudice to any provisions of applicable data protection legislation, in the event that the processor is in breach of its obligations under this DPA, the controller may instruct the processor to suspend the processing of personal data until the latter complies with this DPA or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with this DPA, for whatever reason.

(b) The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these DPA if:

1. the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with this DPA is not restored within a reasonable time and in any event within one month following suspension;
2. the processor is in substantial or persistent breach of this DPA or its obligations under applicable data protection legislation;
3. the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to this DPA or under applicable data protection legislation.

(c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under this DPA where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions.

(d) Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless applicable legislation requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with this DPA.

Controller(s): You or your company as our user.


Processor:

Name: Bolide Network LLC.
Address: 815 E St #12709, San Diego, CA 92112, United States.

Duration of the processing

The data are processed based on the contract and is deleted 15 months after contract termination.
Processing operations of controller’s customers’ data

1. PURPOSE: To show analytics reports to merchants
Categories of personal data processed
Order ID
Merchant ID (Engine)
Ignore IPs
Nature of the processing
The Processor receives Order IDs and Merchant IDs from the Controller, stores these identifiers in structured databases, creates aggregate statistics from Order IDs, generates visual representations of data, displays analytics reports through a merchant dashboard.
Subprocessors, subject matter, nature and duration of their processing
The data is stored on the servers of Global IT Services (phoenixNAP). The data are also transferred to Searchanise East to perform technical operations on data processings. The storage period is determined by the data controller.

2. PURPOSE: To track checkout activities
Categories of personal data processed
Clicks on add to cart
Session ID
User ID (if authorised)
Status of the order (purchased or not)
Nature of the processing
The Processor records user interactions with “add to cart” button, tracks checkout flow progression, associates actions with unique user identifiers, links session activities to purchase outcomes.
Subprocessors, subject matter, nature and duration of the processing
The data is stored on the servers of Global IT Services (phoenixNAP). The data are also transferred to Searchanise East to perform technical operations on data processings. We also may exchange data with Shopify Inc. and other platforms used by merchants. The storage period is determined by the data controller.

3. PURPOSE: To provide personalisation for customers in search widget
Categories of personal data processed
Product view
Quick view
Adding to cart
Purchase
Category of item
Brand of item
Product type
Nature of the processing
Recording and analyzing product interaction events including views, quick views, cart additions, and purchases. Processing involves tracking user engagement with product details and monitoring shopping behavior patterns to create personalized search rankings. The system processes product metadata associations including categories, brands, and product types to understand user preferences.
Subprocessors, subject matter, nature and duration of the processing
The data is stored on the servers of Global IT Services (phoenixNAP). The data are also transferred to Searchanise East to perform technical operations on data processings. The storage period is determined by the data controller.

4. PURPOSE: To get coupons at merchant’s website
Categories of personal data processed
Email
Coupon
Nature of the processing
Processing involves capturing and storing email addresses, and transferring it to the Controller.
Subprocessors, subject matter, nature and duration of the processing
The data is stored on the servers of Global IT Services (phoenixNAP). The data are also transferred to Searchanise East to perform technical operations on data processings. The storage period is determined by the data controller.

5. PURPOSE: To subscribe to merchant’s mailing list
Categories of personal data processed
Email
Nature of the processing
Processing involves collection and storage of email addresses, validation of email format and authenticity, transferring email to merchants. The system processes opt-in confirmations and maintains subscription timestamps.
Subprocessors, subject matter, nature and duration of the processing
The data is stored on the servers of Global IT Services (phoenixNAP). The data are also transferred to Searchanise East to perform technical operations on data processings. The storage period is determined by the data controller.

The Processor implements the following policies:

• Information Security Policy
• Internal Data Protection Policy
• Policy on answering data subjects requests
• Incident Response Policy
• Retention Policy
• Process of controlled dismissal
• DPIA Policy
• Approval procedure
• Access Control Policy

Other safeguards include:

• Each Staff member signs a contract, non-disclosure agreement, privacy obligation and list of familiarization with internal corporate confidentiality, information security, privacy policies.
• Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
• Upon detection of any suspicious or non-standard event that could be a personal data breach or information security incident, the Staff is required by internal policy to report it in respective corporate ticket-system. The report is automatically assigned to an Incident Response Team (DPO, ISO, CTO, legal).
• Implementation of log access management and data breach reporting processes to timely define, manage and report all personal data breaches in accordance with respective corporate policies.
• Regular data backups in electronic form on a daily basis.
• Storage of backups on an external secure server.
• Protection of backed up data with the same security level as data stored on corporate servers by organising storage by contractually regulating an outsourced backup service.
• Staff is instructed to store users' data in corporate backed-up systems and storages.
• Staff is instructed not to store its access credentials (login/password) in an easily accessible form (unencrypted file, paper, sticker, etc.).
• There are requirements to complexity of passwords.
• An automatic logout procedure of locking the workstations not-used for a given period of time.
• Encryption of data before sending it on a physical medium (DVD, USB stick, portable hard drive) or to a third party.
• External networks are used exclusively (VPN, dedicated line).
• Encryption of sensitive data before sending, if this transmission uses electronic messaging.
• Use of a protocol guaranteeing the confidentiality and authentication of the recipient server for file transfers, for example SFTP or HTTPS, by using the most recent version of protocols.
• Ensuring the confidentiality of secrets (encryption keys, passwords, etc.) by sending them via a separate channel (for example, sending an encrypted file by email and communicating the password by phone or SMS).
• When exchanging information inside and outside the companies using any means of communication (email, messenger, internet, voice, media, etc.), the Staff follows the rules preventing unauthorized information distribution (e.g. prohibiting store confidential information outside of corporate infrastructure).
• For sensitive information an additional security measures are applied like secure storage place, encrypted channels etc.
• Information stored on USB/HDD/SSD and other read/write drives should be deleted by utilizing the wipe functions (through the file manager, system formatting utilities).
• It is prohibited by corporate policy to use illegal software, particularly: unlicensed software, hacked/pirated software, software unrelated to company business (for example, crypto miners), etc.
• All valuable information assets are regularly backed up. Corporate network is protected with Firewall. Regular monitoring of network activities is established.
• Vulnerability assessment and regular software updating for most critical infrastructure is established.
• The security updates are carried out automatically and regularly.
• Implemented specific access methods to archived data, due to the fact that the use of an archive is made in a specific and exceptional manner.
• With regard to the destruction of archives, there is a procedure guaranteeing that the archive has been destroyed in its entirety.
• Corporate systems and websites/Apps are structured to collect only minimum of necessary data.
• Measures for ensuring system configuration, including default configuration.
• Measures for allowing data portability and ensuring erasure.

The above mentioned measures are also applicable to the transfers to sub-processors.

For the processing operations mentioned in Annex II, the controller has authorised the use of the following sub-processors:
1. Name: Searchanise East LLC
Address: 45A Buyuk Ipak Yuli Street, Tashkent, 100047, Uzbekistan
2. Name: phoenixNAP LLC (Global IT Services)
Address: 3402 E. University Dr., Phoenix, AZ 85034, USA
3. Platforms at which merchant’s (controller’s) online shop is present:

• Shopify. Address: 151 O’Connor Street, Ottawa, K2P 2L8, Canada.
• BigCommerce Holdings, Inc. Address: 11305 Four Points Drive, Building II, Third Floor, Austin, TX 78726, USA.
• Automattic Inc. (WooCommerce, WordPress). Address: 60 29th Street #343, San Francisco, CA 94110, USA.
• Wix.com Ltd. Address: Yunitsman 5 St, Tel Aviv, Israel.