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Version: DRAFT 1 · Effective date: [EFFECTIVE DATE] · Part of the Terms of Service

This Data Processing Addendum ("DPA") is part of the agreement between [LEGAL ENTITY NAME] ("Provider") and the Customer named in the Order Form. It applies to personal data that Provider processes for the Customer in providing Certified Arborist Pro ("Customer Personal Data", a part of Customer Data).

1. Roles

The Customer is the controller (or, under U.S. state laws, the "business") and Provider is the processor (the "service provider"). Provider processes Customer Personal Data only to provide the Service, on the Customer's documented instructions, which are the agreement, the Customer's use of the Service's features, and written support requests. Provider will tell the Customer if it believes an instruction breaks the law. Provider does not sell or share Customer Personal Data, does not retain, use or disclose it outside the direct business relationship or for any purpose other than providing the Service (including commercial purposes of its own), and does not combine it with personal data from other sources, except as the law permits for security and fraud prevention. Provider certifies that it understands and will follow these restrictions.

2. Details of the processing

Subject matter and purposeHosting and operating the Customer's dedicated field-service system: scheduling, routing, documentation, invoicing, email, reminders, reporting, and support
DurationThe term of the agreement plus the return window and deletion period in Section 6 of the Terms
Data subjectsThe Customer's clients and their contacts; the Customer's employees, contractors and applicants; people who email the Customer; the Customer's users
Categories of personal dataNames, addresses, map coordinates, phone numbers, emails, job and invoice history, photographs, notes, account details; for staff, pay, certifications and licence numbers, time off, reviews, injury records, and (optionally) Social Security numbers; email message content when a mailbox is connected
Special categoriesNo special categories are intended. Employee Social Security numbers and injury records are sensitive; the Customer must limit them to what it lawfully needs (Terms, Section 4)
Frequency and natureContinuous: storage, retrieval, transmission, backup, and deletion, plus the operations the Customer's users perform in the Service

3. Provider's obligations

4. The Customer's obligations

The Customer will have a lawful basis for the data it puts in the Service and will give the notices and obtain the consents the law requires (including for staff location and photos, appointment-reminder and campaign emails, and recording of Social Security numbers); will keep its administrators' and users' credentials secure and set roles and permissions appropriately; and will not give Provider instructions that would break the law.

5. Liability and order of precedence

Liability under this DPA is subject to the limits in the Terms [COUNSEL: confirm; some regulators and customers expect a separate or higher cap for data-protection claims]. If this DPA conflicts with the Terms on the processing of Customer Personal Data, this DPA prevails.

Annex A — Security measures

These describe what is in place today. They are not a certification.

Annex B — Subprocessors and connected services

Current as of [EFFECTIVE DATE]. The same list appears in the Privacy Policy.

ServiceWhat it does for usWhat it receivesWhere / when
DigitalOcean, LLCHosts each Customer's dedicated server, database and uploaded files; optional server backupsAll Customer Data, encrypted in transitUnited States (San Francisco region). Always
Provider's own backup serverReceives the nightly encrypted-in-transit copy of the database and uploaded files, kept for the rotation period in the Service Level TermsA full copy of Customer DataUnited States. Hardware owned and operated by Provider, not a third party
Microsoft (Microsoft 365 / Outlook, Microsoft Graph)Reads and sends the Customer's own company email when the Customer connects a mailboxMailbox contents and the messages sent from the appCustomer-directed; only if connected
Intuit (QuickBooks)Accounting integration when the Customer connects QuickBooks OnlineInvoice and customer records the Customer chooses to syncCustomer-directed; only if connected (not yet generally available)
Stripe, Inc.Card payments for invoices, on Stripe's own pagesInvoice amount and customer contact details needed to take payment; card numbers go to Stripe, never to usCustomer-directed; only if connected
PostmarkOptional delivery of system emails (password links, reminders) when no company mailbox is connectedRecipient address and message contentOnly if the Customer's Instance is configured to use it
OpenStreetMap Nominatim (OpenStreetMap Foundation)Turns an address into map coordinatesThe address text (and a contact address in the request header)Public service; when an address is saved or located
U.S. Census Bureau GeocoderBackup address-to-coordinates lookupThe address textPublic service; when an address is saved or located
MapTiler or OpenFreeMap / OpenStreetMap tile serversDraw the base map on the route planner and crew linkThe viewer's IP address and the map area requested (no client names)When a map is shown
Apple (App Store, Apple Maps)Distributes the iOS app; "Navigate" opens Apple MapsApp downloads and crash/usage data under Apple's own terms; a destination address when you tap NavigateOn the user's device
Expo (EAS Update)Delivers over-the-air updates of the iOS app's codeApp version and device type; no Customer DataWhen the app checks for an update

Services that never receive Customer Data: our domain registrar and DNS, Let's Encrypt (security certificates), our uptime monitor (it checks that the public address answers), and GitHub (source code and deployments; builds run on our own hardware).