Data Processing Addendum

For data FITLD receives from or about a brand's store (widget events on the brand's pages and, if connected, the brand's order, refund and return data), the brand is the controller and FITLD is the processor. FITLD is a separate controller for shopper accounts that people create with FITLD itself (their FITLD profile and measurements), as described in the Privacy Policy.

• Process the data only on the brand's documented instructions, which are these Terms, this DPA and the brand's settings in the Services, unless the law requires otherwise (in which case FITLD tells the brand first, where allowed).
• Ensure that people authorised to process the data are bound by confidentiality.
• Apply the technical and organisational measures described on the Security page, and keep them at least as protective as they are today.
• Help the brand answer requests from people exercising their rights, and with security, breach notification, impact assessments and consultations, as far as FITLD reasonably can given the nature of the processing.
• Not sell the data, and not use it for any purpose other than providing and improving the Services. Aggregated totals that identify no one may be used to improve recommendations.

The brand authorises FITLD to use the sub-processors below. FITLD binds each to data-protection terms at least as protective as this DPA and stays responsible for them. FITLD will announce a new sub-processor at least 30 days in advance by email to the brand account's address; the brand may object on reasonable data-protection grounds, and if no solution is found, may stop using the Services and receive a pro-rata refund of prepaid fees.

Where data is transferred out of the EEA, UK or Switzerland to a country without an adequacy decision, the transfer is covered by the European Commission's Standard Contractual Clauses (and the UK Addendum where relevant), which are incorporated by reference, with FITLD as data importer.

FITLD notifies the brand without undue delay, and in any case within 72 hours, after becoming aware of a personal data breach affecting the brand's data. The notice describes what happened, the data and people likely affected, the likely consequences, and the measures taken or proposed, with further detail as it becomes available.

FITLD makes available the information reasonably needed to show compliance with this DPA, including written answers to security questionnaires. Where that is not enough, the brand may carry out an audit once a year with 30 days' notice, during business hours, at its own cost, bound by confidentiality, and without access to other customers' data.

When a brand deletes its account, FITLD stops processing the brand's data and deletes it within 90 days, unless the law requires keeping it. Before deleting, the brand can export its results from the dashboard.

If this DPA conflicts with the Terms on the processing of personal data, this DPA applies. If it conflicts with the Standard Contractual Clauses, the Clauses apply.