Data Processing Addendum
Data Processing Addendum
This addendum is between the group (a co-op or fleet company, called "the group") and the provider, [KIPNETIC LEGAL NAME] and [SHEERR WEATHER LEGAL NAME] together. It forms part of the main pilot or subscription agreement.
[LAWYER: confirm how roles are allocated. PIPEDA does not use the words controller and processor. It makes each organization accountable for personal information it holds, including information it hands to another organization to handle. This draft is written in those terms. Confirm who is accountable for what, and whether the provider is also accountable in its own right for harvester data under the Data Ownership and Sharing Agreement.]
1. Scope and purpose
This addendum covers the group's personal information that the provider handles for the group. That means member names, emails and roles, and the group's use of the dashboard. It does not change the harvester's rights over their own position and sensor data. Those are set by the Data Ownership and Sharing Agreement.
2. What the provider will do
The provider will handle the group's personal information only to provide the service, and only on the group's documented instructions. The main agreement and the group's settings in the service are those instructions. If the provider thinks an instruction breaks the law, it will say so.
3. What the group will do
The group will:
- name a fleet admin
- invite only people who are entitled to be there
- make sure each harvester accepts the Data Ownership and Sharing Agreement personally
- not use position data against anyone's sharing choice, and not try to get around it
4. Staff confidentiality
Provider staff who can reach the group's personal information are bound to keep it confidential. Access is limited to those who need it.
5. Safeguards
The provider will protect the information with these safeguards:
- sign-in handled by a specialist provider
- group data kept separate from other groups
- rules in the database that decide who sees which position
- a log of who changed what
- breach procedure and records
[LAWYER: confirm this list matches what is actually built before use. Add only real safeguards.]
6. Sub-processors
The provider uses the sub-processors in its published list. Today these include Clerk, Railway, OpenRouter and the AI model it routes to, Resend, The Weather Company, Environment Canada, Fisheries and Oceans Canada, Esri, and (in phase 2) Starlink. The provider will give the group [30] days' notice before adding or replacing one. The group may object in writing within that time. If we cannot resolve the objection, the group may end the affected service.
7. Cross-border handling
The web app and database are hosted in the United States (Railway, us-west2). Some sub-processors are also in the United States or elsewhere. The group accepts this disclosure. The provider stays accountable for information it sends to a sub-processor.
[LAWYER: confirm the cross-border language, and whether the group needs to tell its members more.]
8. Access requests and complaints
If a person asks the group or the provider for access to their information, or complains, the other party will pass it on without delay and help answer it within the time the law allows.
9. Breaches
The provider will tell the group without undue delay, and within [72] hours of confirming a breach of security safeguards that involves the group's information. [LAWYER: confirm the time limit.] The provider will give the group what it needs to meet its own duties, including what happened, what information was involved, how many people, and what is being done.
10. Return and deletion
When the agreement ends, the group can export its shared data. The provider will then delete the group's information as set out in the Retention and Deletion Schedule. Some records stay for the time the schedule gives.
11. Audits
The group may make a reasonable written request for information to check compliance. This can happen once a year, or after a breach. The provider will answer in writing.
12. Liability
Liability under this addendum follows the main agreement.