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Last updated: October 30, 2022
This Data Processing Addendum (this “DPA”) is entered into by and between FuelPoweredApps, Inc. d/b/a Cartfuel (“Cartfuel”, “we”, or “us”) and the party that electronically accepts or otherwise agrees or opts-in to this DPA (“Customer”, or “you”). This DPA is effective as of the date electronically agreed and accepted by you.
You have entered into one or more agreements with us (each, as amended from time to time, an “Agreement”) governing the provision of our real-time error tracking, crash reporting, application monitoring, and visibility service more fully described at www.Cartfuel.io (the “Service”). This DPA will amend the terms of the Agreement to reflect the parties’ rights and responsibilities with respect to the processing and security of Customer Data (as defined below) under the Agreement. If you are accepting this DPA in your capacity as an employee, consultant or agent of Customer, you represent that you are an employee, consultant or agent of Customer, and that you have the authority to bind Customer to this DPA.
Any capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
The following definitions apply to this DPA:
“Customer Data” means data you submit to, store on, or send to us via the Service.
“Data Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data on systems that are managed and controlled by Cartfuel. Data Incidents will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including, without limitation, pings, port scans, denial of service attacks, network attacks on firewall or networked systems, or unsuccessful login attempts.
“Europe” means, for the purposes of this DPA, the member states of the European Economic Area, Switzerland and the United Kingdom.
“European Data Protection Legislation” means the data protection and privacy laws and regulations enacted in Europe and applicable to the Personal Data in question, including as applicable: (i) the GDPR; (ii) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”); and/or (iii) in respect of the United Kingdom, the GDPR as it forms part of UK law by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”) and the Data Protection Act 2018; in each case as may be amended, superseded or replaced from time to time.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Notification Email Address” means the email address(es) that you designate to receive notifications when you create an account to use the Service. You agree that you are solely responsible for ensuring that your Notification Email Address is current and valid at all times.
“Personal Data” means any personal data or personal information (as those terms are defined by Privacy Laws, as applicable) contained within Customer Data.
“Privacy Laws” means: (i) European Data Protection Legislation; and (ii) the data protection and privacy laws and regulations enacted in the jurisdictions set forth in Schedule 2 to the extent applicable to the processing of Personal Data under the Agreement.
“Standard Contractual Clauses” or “SCCs” means the standard contractual clauses as approved by the European Commission pursuant to its decision 2021/914 of 4 June 2021.
“Subprocessor” means a third party that we use to process Customer Data in order to provide parts of the Service and/or related technical support. For the avoidance of doubt, the term Subprocessor may include Cartfuel affiliates or other third parties but does not include Cartfuel employees or contractors.
“Term” means the term of the Agreement.
“UK Addendum” means the International Data Transfer Addendum (version B1.0) issued by the Information Commissioner’s Office under s.119(A) of the UK Data Protection Act 2018, as may be amended, superseded or replaced from time to time.
The terms “personal data”, “special categories of personal data”, “data subject”, “process”, “processing”, “controller”, “processor” and “supervisory authority” have the meanings given in European Data Protection Legislation or, if not defined therein, the GDPR.
2.1.1 Scope of this DPA. Except as set forth in Section 10, this DPA applies where and only to the extent Cartfuel processes Personal Data as a processor for the purposes of European Data Protection Legislation.
2.1.2 Roles and Responsibilities. The parties acknowledge and agree that: (i) Cartfuel will process the Personal Data as described in Schedule 1; (ii) for the purposes of European Data Protection Legislation, Cartfuel is a processor of Personal Data and Customer is the controller (or a processor acting on behalf of a third party controller); and (iii) each of us will comply with our obligations under Privacy Laws with respect to the processing of Personal Data.
2.1.3 Authorization by Third Party Controller. If you are a processor of Personal Data acting on behalf of a third party controller: (i) you warrant to us that your instructions and actions with respect to that Personal Data, including your appointment of Cartfuel as another processor, have been authorized by the relevant controller; and (ii) you will serve as our sole point of contact and where we would otherwise be required (including for the purposes of the Standard Contractual Clauses) to provide information, assistance or cooperation to or seek authorization from any such third party controllers, we may provide such information, assistance or cooperation to or seek such authorization from you.
Cartfuel shall process Personal Data in accordance with Customer’s documented lawful instructions. By entering into this DPA, you hereby authorize and instruct us to process Personal Data: (i) to provide the Service, and related technical support; (ii) as otherwise permitted or required by your use of the Service and/or your requests for technical support; (iii) as otherwise permitted or required by the Agreement, including this DPA; and (iv) as further documented in any other written instructions that are agreed by the parties. We will not process Personal Data for any other purpose, unless required to do so by applicable law or regulation. The parties agree that the Agreement (including this DPA), and your use of the Service in accordance with the Agreement, set out your complete and final processing instructions and any processing outside the scope of these instructions (if any) shall require prior written agreement between the parties. Customer shall ensure its instructions are lawful and that the processing of Personal Data in accordance with such instructions will not violate Privacy Laws. Notwithstanding the foregoing, if you are a processor of Personal Data acting on behalf of a third party controller then where legally required we are entitled to follow the instructions of such third party controllers with respect to their Personal Data.
You will not submit, store, or send any sensitive data or special categories of personal data (collectively, “Sensitive Data”) to us for processing, and you will not permit nor authorize any of your employees, agents, contractors, or data subjects to submit, store, or send any Sensitive Data to us for processing. You acknowledge that we do not request or require Sensitive Data as part of providing the Service to you, that we do not wish to receive or store Sensitive Data, and that our obligations in this DPA will not apply with respect to Sensitive Data.
We will enable you to delete Personal Data during the Term in a manner that is consistent with the functionality of the Service. If you use the Service to delete any Personal Data in a manner that would prevent you from recovering Personal Data at a future time, you agree that this will constitute an instruction to us to delete Personal Data from our systems in accordance with our standard processes and applicable law. We will comply with this instruction as soon as reasonably practicable, but in all events in accordance with applicable law.
When the Term expires, we will destroy any Personal Data in our possession or control. This requirement will not apply to the extent that we are required by applicable law to retain some or all of the Personal Data, in which event we will isolate and protect the Personal Data from further processing and delete in accordance with Cartfuel’s deletion practices, except to the extent required by law. You acknowledge that you will be responsible for exporting, before the Term expires, any Personal Data you want to retain after the Term expires.
We will implement and maintain appropriate technical and organizational measures to protect Personal Data against Data Incidents and to preserve the security and confidentiality of Personal Data, as described in Schedule 2 (collectively, the “Security Measures”). Cartfuel shall ensure that any person who is authorized by Cartfuel to process Personal Data shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty). Customer acknowledges that Security Measures are subject to technical progress and development and that accordingly we may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Service.
Upon becoming aware of a Data Incident, we will notify you promptly and without undue delay, and will take reasonable steps to minimize harm and secure Personal Data. Any notifications that we send you pursuant to this Section 4.2 will be sent to your Notification Email Address and will describe, to the extent possible and/or known to Cartfuel, the details of the Data Incident, the steps we have taken to mitigate the potential risks, and any suggestions we have for you to minimize the impact of the Data Incident. We will not assess the contents of any Personal Data in order to identify information that may be subject to specific legal requirements. You are solely responsible for complying with any incident notification laws that may apply to you, and to fulfilling any third-party notification obligations related to any Data Incident(s). Our notification of or response to a Data Incident under this Section will not constitute an acknowledgement of fault or liability with respect to the Data Incident.
You agree that, without prejudice to our obligations under Sections 4.1 or 4.2, you are solely responsible for your use of the Service, including making appropriate use of the Service to ensure a level of security appropriate to the risk in relation to Customer Data, securing any account authentication credentials, systems, and devices you use to use the Service, and backing up your Customer Data. You understand and agree that we have no obligation to protect Customer Data that you elect to store or transfer outside of our or our Subprocessors’ systems (e.g., offline or on-premise storage). You are solely responsible for evaluating whether the Service and our commitments under this Section 4 meet your needs, including with respect to your compliance with any of your security obligations under Privacy Laws, as applicable.
4.4.1 Independent Audits. We will allow an internationally-recognized independent auditor that you select to conduct audits to verify our compliance with our obligations under this DPA. You must send any requests for audits under this Section 4.4.1 to support@Cartfuel.io. Following our receipt of your request, the parties will discuss and agree in advance on the reasonable start date, scope, duration, and security and confidentiality controls applicable to the audit. You will be responsible for any costs associated with the audit. You agree not to exercise your audit rights under this Section 4.4.1 more than once in any twelve (12) calendar month period, except (i) if and when required by a competent data protection authority; or (ii) an audit is necessary due to a Data Incident. You agree that (to the extent applicable), you shall exercise any audit rights under Privacy Laws and the Standard Contractual Clauses by instructing us to comply with the measures described in this Section 4.4.
You acknowledge that the Service may, depending on the functionality of the Service, enable you to: (i) access the Customer Data; (ii) rectify inaccurate Customer Data; (iii) restrict the processing of Customer Data; (iv) delete Customer Data; and (v) export Customer Data.
To the extent that you cannot access the relevant Personal Data within the Service, we will provide you, at your expense, with all reasonable and timely assistance to enable you to respond to: (i) requests from data subjects who wish to exercise any of their rights under applicable Privacy Laws; and (ii) any other correspondence, enquiry or complaint received from a data subject, supervisory authority or other third party in connection with the processing of the Customer Data. In the event that any such request, correspondence, enquiry or complaint is made directly to us, we will promptly inform you of it, and provide you with as much detail as reasonably possible.
You agree that we may, subject to Section 6.2, store and process Customer Data in the United States and any other country in which we or our Subprocessors maintain data processing operations. Cartfuel shall ensure that such transfers are made in compliance with applicable Privacy Laws and this DPA.
If the storage and/or processing of Personal Data as described in Section 6.1 involves a transfer of Personal Data to Cartfuel outside of Europe, and European Data Protection Legislation applies to the transfer (collectively, “Transferred Personal Data”), then (i) the Standard Contractual Clauses shall be incorporated into and form a part of this DPA in accordance with Section 6.3; and (ii) for so long as Cartfuel is self-certified to the Privacy Shield we shall continue to process Transferred Personal Data in compliance with the Privacy Shield Principles. With respect to Transferred Personal Data, you agree that if we adopt an alternative data transfer mechanism (including any new version of, or successor to, the Standard Contractual Clauses or Privacy Shield adopted pursuant to applicable European Data Protection Legislation) for Transferred Personal Data not described in this DPA (“Alternative Transfer Solution”), the Alternative Transfer Solution shall apply instead of the transfer mechanisms described in this DPA (but only to the extent such Alternative Transfer Solution complies with applicable European Data Protection Legislation and extends to the territories to which Transferred Personal Data is transferred), and if we request that you take any action (including, without limitation, execution of documents) reasonably required to give full effect to that solution, you will promptly do so.
For the purposes of the Standard Contractual Clauses, the parties agree that (i) Cartfuel is the “data importer” and you are the “data exporter”; (ii) the SCCs shall be incorporated in the form attached hereto; (iii) the Annexes or Appendices of the SCCs shall be populated with the information from Schedules 1 and 2 and Section 7.2 of this DPA; and (iv) the SCCs shall be governed by the laws of the Republic of Ireland. It is not the intention of either party to contradict or restrict any of the provisions set forth in the Standard Contractual Clauses and, accordingly, if and to the extent the Standard Contractual Clauses conflict with any provision of the Agreement (including this DPA), the Standard Contractual Clauses shall prevail to the extent of such conflict. In particular, nothing in the DPA shall exclude the rights of third-party beneficiaries granted under the Standard Contractual Clauses. You agree that in the event we cannot ensure compliance with the Standard Contractual Clauses, we will inform you promptly and you will provide us with a reasonable period of time to cure any non-compliance. You will reasonably cooperate with us to agree what additional safeguards or measures, if any, may be reasonably required to cure the non-compliance and will only be entitled to suspend the transfer of Personal Data and/or terminate the affected parts of the Service if we have not or cannot cure the non-compliance before the end of the cure period.
If the UK GDPR applies to the Transferred Personal Data, the SCCs as incorporated under Section 6.3.1 shall apply with the following modifications: (i) the SCCs shall be amended as specified by the UK Addendum, which shall be incorporated by reference; (ii) Tables 1 to 3 in Part 1 of the UK Addendum shall be populated with the information from Schedules 1 and 2 and Section 7.2 of this DPA; (iii) Table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting “importer”; and (iv) any conflict between the SCCs and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum.
If the Swiss DPA applies to the Transferred Personal Data, the SCCs as incorporated under Section 6.3.1 shall apply with the following modifications: (i) references to “Regulation (EU) 2016/679” shall be interpreted as references to the Swiss DPA; (ii) references to “EU,” “Union,” and “Member State” shall be replaced with “Switzerland”; (iv) references to the “competent supervisory authority” and “competent courts” shall be interpreted as references to the “Swiss Federal Data Protection and Information Commissioner” and the “competent Swiss courts”; and (v) the SCCs shall be governed by the laws of Switzerland and disputes shall be resolved before the competent Swiss courts.
You authorize us to engage third parties as Subprocessors. Whenever we engage a Subprocessor, we will enter into a contract with that Subprocessor which imposes data protection terms that require the Subprocessor to protect Personal Data to an equivalent standard required under this DPA, and we shall remain responsible for the Subprocessor’s compliance with the obligations of this DPA and for any acts or omissions of the Subprocessor that cause us to breach any of our obligations under this DPA.
A list of our current Subprocessors is available at https://Cartfuel.io/legal/subprocessors/ or such other website as Cartfuel may designate (“Subprocessor Page”). We may update the Subprocessor Page to reflect any changes in Subprocessors. We will provide thirty (30) days’ prior written notice to you if you subscribe to receive notice via the mechanism on the Subprocessor Page. During this period you will have the opportunity to object as described in Section 7.3 below.
You have the right to object to the appointment or replacement of a Subprocessor prior to its appointment or replacement on reasonable grounds that the Subprocessor does not or cannot comply with the requirements set forth in this DPA (each, an “Objection”). If we do not remedy or provide a reasonable workaround for your Objection within a reasonable time, you may, as your sole remedy and our sole liability for your Objection, terminate the Agreement for your convenience, and without further liability to either party.
You agree that by complying with this Section 7, we fulfil our obligations under Clause 9(a) and (b) of the Standard Contractual Clauses. You further acknowledge that, for the purposes of Clause 9(c) of the Standard Contractual Clauses, we may be restricted from disclosing Subprocessor agreements to you (or the relevant third party controller) due to confidentiality restrictions. Notwithstanding this, we shall use reasonable efforts to require Subprocessors to permit us to disclose Subprocessor agreements to you and, in any event, will provide (upon request and on a confidential basis) all information we reasonably can in connection with such Subprocessor agreement.
You acknowledge that we are required under European Data Protection Legislation (i) to collect and maintain records of certain information, including, among other things, the name and contact detail of each processor and/or controller on whose behalf we are acting and, where applicable, of such processor’s or controller’s local representative and data protection officer; and (ii) to make such information available to the supervisory authorities. Accordingly, if European Data Protection Legislation applies to the processing of Personal Data, you will, when requested, provide this additional information to us, and ensure that the information is kept accurate and up-to-date.
We will provide you with reasonable and timely assistance as you may require in order to conduct a data protection impact assessment and, if necessary, consult with the relevant data protection authority.
The terms specified in Schedule 2 with respect to the listed jurisdictions will apply in addition to the terms of this DPA.
With the exception of the third-party beneficiary rights granted (where applicable) under the Standard Contractual Clauses, there are no third-party beneficiaries to this DPA. Except as expressly provided herein, nothing in this DPA will be deemed to waive or modify any of the provisions of the Agreement, which otherwise remains in full force and effect. Specifically, nothing in this DPA will affect any of the terms of the Agreement relating to Cartfuel’s limitations of liability, which will remain in full force and effect. Notwithstanding the foregoing, in no event shall either party exclude or limit its liability with respect to any data subject’s rights under European Data Protection Legislation or the Standard Contractual Clauses. If you have entered into more than one Agreement with us, this DPA will amend each of the Agreements separately. In the event of a conflict or inconsistency between the terms of this DPA and the terms of the Agreement, the terms of this DPA will control. This DPA amends and supersedes any prior data processing addendum or similar agreement regarding its subject matter.
Notwithstanding anything to the contrary in the Agreement (including this DPA), in the event of a change in Privacy Laws or a determination or order by a supervisory authority or competent court affecting this DPA or the lawfulness of any processing activities under this DPA, we reserve the right to make any amendments to this DPA as are reasonably necessary to ensure continued compliance with European Data Protection Legislation or compliance with any such orders.
Clause 1:
The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) for the transfer of personal data to a third country.
The Parties: the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”) have agreed to these standard contractual clauses (hereinafter: “Clauses”). These Clauses apply with respect to the transfer of personal data as specified in Annex I.B. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Clause 2:
These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3:
Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
Clause 4:
Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5:
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6:
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 — Optional:
Clause 8:
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
Where the transfer 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 (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B., unless on further instructions from the controller, as communicated to the data importer by the data exporter, or from the data exporter.
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including personal data, the data exporter may redact part of the text of the Appendix prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand its content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information.
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to rectify or erase the data.
Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the controller and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law. This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
Where the transfer 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 (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards set out in Annex I.B.
The data importer shall only disclose the personal data to a third party on documented instructions from the controller, as communicated to the data importer by the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
Clause 9:
Clause 10:
Clause 11:
Clause 12:
Clause 13:
Clause 14:
Clause 15:
Clause 16:
Clause 17:
These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of the Republic of Ireland
Clause 18:
Data exporter(s):
Name: Customer (as defined in the DPA)
Address: Customer’s address (as provided by Customer in the Legal & Compliance section of Customer’s organization settings in the Service)
Contact person’s name, position and contact details: Customer’s contact details (as provided by Customer in the Legal & Compliance section of Customer’s organization settings in the Service)
Role (controller/processor): Controller/processor
Name: FuelPoweredApps, Inc. d/b/a Cartfuel
Address: 3791 Boundary ST, APT 7, San Diego, CA 92104
Contact person’s name, position and contact details: Jelani Abdus-Salaam, General Counsel, support@Cartfuel.io
Role (controller/processor): Processor
Subject Matter: Cartfuel’s provision of the Service to Customer, and related technical support.
Purpose of the Processing: Cartfuel will process personal data submitted to, stored on, or sent via the Service for the purpose of providing the Service and related technical support in accordance with this DPA.
Categories of Data Subjects: The personal data transferred concern the following categories of data subjects:
(Current version is at https://Cartfuel.io/legal/security-policy/, version as of September 21, 2022 is below)
Security and compliance are top priorities for Cartfuel because they are fundamental to your experience with the product. Cartfuel is committed to securing your application’s data, eliminating systems vulnerability, and ensuring continuity of access.
Cartfuel uses a variety of industry-standard technologies and services to secure your data from unauthorized access, disclosure, use, and loss. All Cartfuel employees undergo background checks before employment and are trained on security practices during company onboarding and on an annual basis.
Security is directed by Cartfuel’s Chief Technology Officer.
Cartfuel is hosted on Digital Ocean. Cartfuel employees do not have physical access to Digital Ocean data centers, servers, network equipment, or storage.
Cartfuel is the assigned administrator of its infrastructure on Digital Ocean, and only designated authorized Cartfuel operations team members have access to configure the infrastructure on an as-needed basis behind a two-factor authenticated virtual private network. Specific private keys are required for individual servers, and keys are stored in a secure and encrypted location.
Every part of the Cartfuel service uses properly-provisioned, redundant servers (e.g., multiple load balancers, web servers, replica databases) in the case of failure. As part of regular maintenance, servers are taken out of operation without impacting availability.
Cartfuel keeps hourly encrypted backups of data in multiple regions on Digital Ocean. While never expected, in the case of production data loss (i.e., primary data stores lost), we will restore organizational data from these backups.
In the event of a region-wide outage, Cartfuel will bring up a duplicate environment in a different Digital Ocean region. The Cartfuel operations team has extensive experience performing full region migrations.
SDKs securely send events, containing information on errors and exceptions, to the Cartfuel server, which processes and stores the events. Audit data of processing and storing is transmitted to our in-house logging infrastructure through encrypted connections.
We keep data about contacts (name, email, contact id from Stripe) and transactions (date, amount, product name, transaction id from Stripe). This information is kept to help you segment the purchases.
All data during rest and transit is encrypted using a SHA-256 SSL Certificate in conjunction with the latest TLS Protocol 1.3, Cartfuel making use of the latest encryption technology. In addition to this the database only allows connections from the application itself and blocks everything else.
Credit card information (number, cvc, exp date) is never sent to our servers, we use stripe tokens to charge the cards, and they are not stored in our database.
Since we don’t send or store information about the credit cards on our servers, Cartfuel is PCI compliant because Stripe or PayPal covers the requirements of this compliance.
Once the event is processed, it can then be accessed via Cartfuel’s user interface and REST APIs. Cartfuel integrates with a variety of third-party tools so users can use the data as they see fit.
All data in Cartfuel servers is encrypted at rest. Digital Ocean stores and manages data cryptography keys in its redundant and globally distributed Key Management Service. So, if an intruder were ever able to access any of the physical storage devices, the Cartfuel data contained therein would still be impossible to decrypt without the keys, rendering the information a useless jumble of random characters.
Encryption at rest also enables continuity measures like backup and infrastructure management without compromising data security and privacy.
Cartfuel exclusively sends data over HTTPS transport layer security (TLS) encrypted connections for additional security as data transits to and from the application.
If a user requests access to their data or wants their data deleted, we will follow our data response process.
All data on our system stays on the system for as long as the user is a Cartfuel customer. If the user cancels their Cartfuel account, we will wait 30 days before we delete all data associated with that account.
We feel this is a reasonable amount of time for customers to export their data if they choose to do so. After 30 days, we will irreversibly delete all customer data.
In case of a data breach, we will notify all affected customers within 24 hours of becoming aware of the breach. We will also provide updates as we learn more information about the breach. All affected customers will be sent emails.
If a customer requests access to their data or wants their data deleted from our system, we follow this procedure.
First, we verify if the request comes from the authorised contact of your tenant.
The authorised point of contact will be appointed on signing up with cartfuel (Billing user), It will be to the customers discretion to inform us of any changes needed in terms of Who is the point of contact.
We may request at any given time an update and confirmation that the point of contact is still active and the contact information is up to date. If any GDPR related requests are made, this will need to come from the authorised contact.
Second, we take action to comply with the request. Depending on the request we will impose our data destruction or our data collected process. For example;
If a user cancels their account, we will automatically delete their data after 30 days of the cancelation date.
If a user requests access to data, we will provide the data in a format the customer can understand within 30 days.
Lastly, we confirm to the customer that we have completed the request.
Cartfuel’s REST API uses an auth token for authentication. Authentication tokens are passed using the auth header and are used to authenticate a user account with the API.
We strongly recommend using organization-wide authentication tokens.
The Cartfuel service includes email notifications and reports. Sender policy framework (SPF) is a system to prevent email address spoofing and minimize inbound spam. We have SPF records set through Cloudflare, our domain name service (DNS), and domain-based message authentication, reporting, and conformance (DMARC) set up for monitoring reports to prevent the possibility of phishing scams. Cartfuel users can see the TXT records on dmarc.Cartfuel.io and Cartfuel.io:
We know user administration is central to security and management, and auditing user logs is often the first step in both an emergency response plan and policy compliance requirements. All Cartfuel customers get admin controls governing identity, access, and usage to keep your data safe, secure, and centrally managed.
Membership within Cartfuel is handled at the organization level. The system is designed so each user has a singular account that can be reused across multiple organizations (even those using SSO). Each Cartfuel user should have their own account and can choose their own personal preferences and notifications settings. Access to organizations is dictated by role:
For any organization on a Cartfuel plan, the team member portal is the hub for seeing and managing users and usage. The member list includes the username, email, status, added date, teams, and role for each user. The admin or owner can revoke access by project, team, or org and change the user role. Additionally, the admin can request login and password history and revoke passwords and active sessions for any user via request to Cartfuel Support.
In the audit log, all of the actions by user and event within the Cartfuel UI (e.g., member.invite, project.create) are listed chronologically by time and IP address so you’ll always have a view into your organization’s most recent history.
Cartfuel practices continuous delivery, which means all code changes are committed, tested, shipped, and iterated on in a rapid sequence. A continuous delivery methodology, complemented by pull request, continuous integration (CI), and automated error tracking, significantly decreases the likelihood of a security issue and improves the response time to and the effective eradication of bugs and vulnerabilities.
The Cartfuel operations team includes service continuity and threat remediation among its top priorities. We keep a contingency plan in case of unforeseen events, including risk management, disaster recovery, and customer communication sub-plans that are tested and updated on an ongoing basis and thoroughly reviewed for gaps and changes at least annually.
Cartfuel conducts background checks for all new hires, including verification on the following:
All new employees receive onboarding and systems training, including environment and permissions setup, formal software development training (if pertinent), security policies review, company policies review, and corporate values and ethics training.
Cartfuel maintains a live report of operational uptime and issues on our status page. Anyone can subscribe to updates via email from the status page. Any known incidents are reported there, as well as on our Twitter feed.
Anyone can report a vulnerability or security concern with a Cartfuel product by contacting support@Cartfuel.io and including a proof of concept, a list of tools used (including versions), and the output of the tools. We take all disclosures very seriously, and once we receive a disclosure we rapidly verify each vulnerability before taking the necessary steps to fix it. Once verified, we periodically send status updates as problems are fixed.
This section applies where and only to the extent Cartfuel processes Personal Data as a service provider (for the purposes of and as defined by the CCPA).
The parties acknowledge and agree that (i) Cartfuel shall act solely as a service provider (as that term is defined under the CCPA) on behalf of Customer; and (ii) Cartfuel shall not retain, use or disclose Personal Data for any purpose other than the purposes described in this DPA, and shall not “sell” Personal Data (within the meaning under the CCPA).
For purposes of this section, “CCPA” means the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 et seq.) and its regulations; as may be amended, superseded or replaced from time to time.