Data Processing Agreement
Last updated: November 24, 2025
- 1. Definitions
- 2. Customer Responsibilities
- 3. Map My Customers Obligations
- 4. Non-Disclosure and Usage
- 5. Data Subject Requests
- 6. Sub-Processors
- 7. Data Transfers
- 8. Additional Provisions for European Data
- 9. Additional Provisions for California Personal Information
- 10. General Provisions
- 11. Parties to this DPA
- Annex 1 — Details of Processing
- Annex 2 — Security Measures
This Map My Customers Data Processing Agreement and its Annexes ("DPA") reflects the parties' agreement with respect to the Processing of Personal Data by Map My Customers on behalf of Customer in connection with the Map My Customers Subscription Service pursuant to the Map My Customers Terms of Service ("Agreement").
1. Definitions
- California Personal Information: Personal Data that is subject to the protection of the CCPA.
- CCPA: California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018).
- Consumer, Business, Sell, Service Provider: As defined in the CCPA.
- Controller: The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
- Confidential Information: All non-public, proprietary, or sensitive information disclosed by the Customer to Map My Customers.
- Data Protection Laws: All applicable worldwide legislation relating to data protection and privacy.
- Data Subject: The individual to whom Personal Data relates.
- Europe: The European Union, the European Economic Area, their member states, Switzerland, and the United Kingdom.
- European Data: Personal Data that is subject to the protection of European Data Protection Laws.
- European Data Protection Laws: EU General Data Protection Regulation (GDPR), Directive 2002/58/EC, the UK GDPR, and the Swiss Data Protection Act.
- Instructions: Written, documented instructions issued by a Controller to a Processor directing them to perform a specific action with regard to Personal Data.
- Permitted Affiliates: Customer Affiliates meeting qualifying conditions defined in the Agreement.
- Personal Data: Any information relating to an identified or identifiable individual.
- Personal Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data.
- Privacy Shield: The EU-U.S. and Swiss-U.S. Privacy Shield self-certification program.
- Processing: Any operation or set of operations which is performed on Personal Data.
- Processor: An entity that Processes Personal Data on behalf of the Controller.
- Standard Contractual Clauses: Standard contractual clauses annexed to the EU Commission Decision (EU) 2021/914.
- Sub-Processor: Any Processor engaged by Map My Customers or its Affiliates to assist in fulfilling obligations with respect to the provision of the Subscription Service.
- UK Addendum: The international data transfer addendum issued by the UK Information Commissioner's Office.
2. Customer Responsibilities
a. Compliance with Laws
Customer is responsible for compliance with all Data Protection Laws, including:
- Data accuracy, legality, and means of acquisition
- Ensuring transparency and lawfulness requirements are met
- Obtaining necessary consents for Personal Data use
- Ensuring the right to transfer data to Map My Customers
- Ensuring Instructions comply with applicable law
- Complying with all email and content laws
b. Controller Instructions
The parties agree that the Agreement (including this DPA), together with your use of the Subscription Service in accordance with the Agreement, constitute your complete Instructions to Map My Customers in relation to the Processing of Personal Data.
c. Security
Customer is responsible for determining if the security measures adequately meet the DPA obligations and for securing data in transit.
3. Map My Customers Obligations
a. Compliance with Instructions
We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions.
b. Conflict of Laws
Map My Customers will notify the Customer of any legal requirements preventing compliance with Instructions and will cease all non-storage Processing until new lawful Instructions are issued.
c. Security
We will implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches, as described under Annex 2 to this DPA. Modifications are permitted if they do not materially degrade protection.
d. Confidentiality
Map My Customers ensures that all personnel processing data are subject to confidentiality obligations.
e. Personal Data Breaches
We will notify you without undue delay after we become aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or as is reasonably requested by you.
f. Deletion or Return of Personal Data
We will delete or return all Customer Data, including Personal Data (including copies thereof) Processed pursuant to this DPA, on termination or expiration of the Agreement. Exceptions apply where law requires retention or for archived backup data, which will be securely isolated and protected from any further Processing.
4. Non-Disclosure and Usage
Map My Customers will not disclose Confidential Information to third parties except as necessary, only per Customer's written instructions or as required by law.
Map My Customers may use aggregated and anonymized data derived from the Customer's data solely for analytics, research, and to improve its products and services, provided that such use does not directly or indirectly identify the Customer.
a. Confidentiality Safeguards
Map My Customers implements appropriate technical, administrative, and organizational safeguards to protect Confidential Information against unauthorized access, use, disclosure, alteration, or destruction.
b. Exceptions
Information is not deemed confidential if it is: publicly available, known prior to disclosure, lawfully received from a third party, or independently developed.
c. Duration of Obligation
Confidentiality obligations survive termination for two (2) years unless otherwise agreed or required by law.
5. Data Subject Requests
Map My Customers provides reasonable assistance to address Data Subject Requests through the Subscription Service.
Upon Customer's written request, Map My Customers provides assistance responding to data protection authority requests, at Customer's cost.
If a Data Subject Request is directed to Map My Customers, it will inform the Customer and advise the requestor to contact Customer. Customer is solely responsible for the substantive response.
6. Sub-Processors
Customer agrees that Map My Customers may engage Sub-Processors via three channels:
- Hosting and infrastructure assistance
- Product features and integrations support
- Map My Customers Affiliates for service and support
Map My Customers lists Sub-Processors upon written request to support@mapmycustomers.me.
Map My Customers imposes data protection terms on Sub-Processors that provide at least the same level of protection for Personal Data as those in this DPA (including, where appropriate, the Standard Contractual Clauses).
Map My Customers remains responsible for Sub-Processor compliance and their acts or omissions.
7. Data Transfers
Map My Customers may access and Process Personal Data globally to provide the Subscription Service, including transfers to the United States and other jurisdictions where Map My Customers Affiliates and Sub-Processors operate.
Transfers of Personal Data outside its country of origin must comply with applicable Data Protection Laws requirements.
8. Additional Provisions for European Data
a. Scope
This section applies only to European Data.
b. Roles of the Parties
Customer is the Controller; Map My Customers is the Processor when Processing European Data per Customer's Instructions.
c. Instructions
Map My Customers will notify Customer within a reasonable timeframe if it believes Instructions infringe European Data Protection Laws.
d. Sub-Processor Agreements
Map My Customers uses reasonable efforts to require any Sub-Processor to permit it to disclose the Sub-Processor agreement to Customer, subject to confidentiality.
e. Data Protection Impact Assessments
Map My Customers provides reasonable assistance for DPIAs and prior supervisory authority consultations where the information is reasonably available.
f. Transfer Mechanisms for Data Transfers
Map My Customers will not transfer European Data to countries or recipients without adequate protection unless necessary measures ensure compliance, including: a suitable framework or legally adequate transfer mechanism, binding corporate rules authorization, or Standard Contractual Clauses.
If the contracting entity is not Map My Customers, Inc., that entity remains fully and solely responsible and liable for the performance of the Standard Contractual Clauses.
Customer must provide reasonable notice for cure if Map My Customers breaches the SCCs or UK Addendum. If the breach is uncurable, Customer may suspend or terminate without liability.
Map My Customers, Inc. is not currently relying on Privacy Shield. If adopted as an alternative transfer mechanism, it will apply automatically instead of the Standard Contractual Clauses.
h. Demonstration of Compliance
Map My Customers makes information available to demonstrate compliance and allows audits by Customer or Customer's auditor to assess DPA compliance.
Map My Customers provides SOC 2 reports and summary copies of penetration testing reports under confidentiality obligations.
Map My Customers responds to reasonable written information requests, limited to once per calendar year unless non-compliance is suspected.
9. Additional Provisions for California Personal Information
a. Scope
This section applies only to California Personal Information.
b. Roles of the Parties
Customer is the Business; Map My Customers is the Service Provider under the CCPA when Processing California Personal Information per Customer's Instructions.
c. Responsibilities
Map My Customers Processes California Personal Information as a Service Provider strictly for the Business Purpose (providing the Subscription Services) or as otherwise permitted by the CCPA.
10. General Provisions
a. Amendments
Map My Customers reserves the right to update this DPA. The "Amendment; No Waiver" section of the General Terms applies.
b. Severability
Invalid provisions do not affect the validity or enforceability of the remaining DPA provisions.
c. Limitation of Liability
The parties' aggregate liability arising out of or related to this DPA and the Standard Contractual Clauses is subject to the "Limitation of Liability" section of the General Terms.
In no event will either party's liability be limited with respect to any individual's data protection rights under this DPA (including the Standard Contractual Clauses) or otherwise.
d. Governing Law
This DPA is governed by the laws of the United States and North Carolina, with exclusive jurisdiction in Raleigh, North Carolina state and federal courts, unless Data Protection Laws require otherwise.
11. Parties to this DPA
a. Permitted Affiliates
By signing the Subscription Agreement, Customer enters into this DPA on behalf of itself and its Permitted Affiliates.
b. Authorization
The legal entity represents that it is authorized to agree to this DPA for itself and applicable Permitted Affiliates.
c. Remedies
Only the contracting Customer entity may exercise rights and seek remedies for Permitted Affiliates, in a combined manner and not separately.
d. Other Rights
Customer takes reasonable measures to limit audit impact, combining multiple requests into a single audit.
Annex 1 — Details of Processing
A. List of Parties
Data Exporter (Controller):
- Name: The Customer (on behalf of itself and Permitted Affiliates)
- Address: As per Subscription Agreement
- Activities: Processing Personal Data in connection with Subscription Services
- Role: Controller
Data Importer (Processor):
- Name: Map My Customers, Inc.
- Address: 167 E Chatham St., Suite 300, Cary, NC 27511 USA
- Contact: Data Protection Officer, 167 E Chatham St., Suite 300, Cary, NC 27511 USA
- Activities: Processing Personal Data in connection with Subscription Services
- Role: Processor
B. Description of Transfer
Categories of Data Subjects:
- Customer contacts and end users including employees, contractors, collaborators, customers, prospects, suppliers, subcontractors
- Individuals attempting to communicate with or transfer data to Customer end users
Categories of Personal Data:
- Contact Information (as defined in the General Terms)
- Any other Personal Data submitted by or to Customer via the Subscription Service
Sensitive Data: The parties do not anticipate the transfer of sensitive data.
Frequency of Transfer: Continuous.
Nature of Processing: Storage and Processing necessary to provide, maintain, and improve the Subscription Services, and disclosure per the Agreement and/or as compelled by applicable law.
Purpose of Transfer and Further Processing: Map My Customers Processes Personal Data as necessary to provide the Subscription Services per the Agreement and Customer's use-based Instructions.
Retention Period: During the Agreement duration, unless otherwise agreed in writing.
C. Competent Supervisory Authority
Per GDPR, the competent supervisory authority is determined in accordance with the GDPR.
Annex 2 — Security Measures
Map My Customers observes the following security measures in connection with the Processing of Personal Data.
a) Access Control
i. Preventing Unauthorized Product Access
Outsourced Processing: Map My Customers hosts its Service with outsourced cloud infrastructure providers, relying on contractual agreements, privacy policies, and vendor compliance programs to protect data.
Physical and Environmental Security: Production servers and client-facing applications are logically and physically secured from internal corporate information systems. Physical and environmental security controls are audited for SOC 2 Type II compliance, among other certifications.
Authentication: Map My Customers implements a uniform password policy. Customers must authenticate before accessing non-public customer data.
Authorization: Customer Data is stored in multi-tenant storage systems accessible to Customers via only application user interfaces and application programming interfaces. Authorization models ensure only appropriately assigned individuals access relevant features, views, and customization options.
API Access: Public product APIs are accessed via API key or OAuth authorization.
ii. Preventing Unauthorized Product Use
Access Controls: Network access control mechanisms prevent unauthorized protocols from reaching the product infrastructure, including VPC implementations, security groups, and firewall rules.
Intrusion Detection and Prevention: Map My Customers implements a Web Application Firewall (WAF) solution to protect hosted customer websites and other internet-accessible applications.
Static Code Analysis: Code is checked for best practices and identifiable software flaws using automated tooling.
Penetration Testing: Map My Customers maintains relationships with industry-recognized penetration testing service providers for four annual penetration tests.
iii. Limitations of Privilege and Authorization Requirements
Product Access: A subset of employees access products and customer data via controlled interfaces for customer support, product development and research, troubleshooting, and security incident detection and response.
Access is enabled through "just in time" (JITA) requests. All access is logged. Access is granted by role; high-risk grants are reviewed daily. Administrative and high-risk permissions are reviewed at least semiannually.
b) Transmission Control
In-Transit: Map My Customers requires HTTPS encryption (also referred to as SSL or TLS) on all login interfaces and on every customer site hosted on the Map My Customers products. HTTPS implementation uses industry standard algorithms and certificates.
At-Rest: Passwords are stored following industry standard practices for security. Map My Customers has implemented technologies to ensure that stored data is encrypted at rest.
c) Input Control
Detection: Infrastructure logs extensive information about system behavior, traffic received, system authentication, and other application requests. Internal systems aggregate log data and alert employees of malicious, unintended, or anomalous activities.
Response and Tracking: Map My Customers maintains a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected or confirmed incidents are investigated; resolution steps are identified and documented. For confirmed incidents, Map My Customers takes appropriate steps to minimize product and Customer damage or unauthorized disclosure.
d) Availability Control
Infrastructure Availability: Infrastructure providers use commercially reasonable efforts to ensure a minimum of 99% uptime and maintain minimum of N+1 redundancy to power, network, and HVAC services.
Fault Tolerance: Backup and replication strategies are designed to ensure redundancy and fail-over protections during a significant processing failure. Customer data is backed up to multiple durable data stores and replicated across multiple availability zones.
Online Replicas and Backups: Production databases are designed to replicate data between no less than 1 primary and 1 secondary database. Databases are backed up using at least industry standard methods.
Disaster Recovery Plans: Map My Customers maintains and regularly tests disaster recovery plans to help ensure availability of information following interruption to, or failure of, critical business processes. Products are designed to ensure redundancy and seamless failover. Server instances are architected with a goal to prevent single points of failure.
Revisions and Changes
We post any changes to this DPA on this page. The revision date is identified at the top of the page. You are responsible for periodically visiting the Site and this DPA to check for changes.
Contact Information
To ask questions or comment about this DPA, contact us at:
Map My Customers, Inc.
Attn: Legal
167 E Chatham St., Suite 300
Cary, NC 27511
Or via email at: legal@mapmycustomers.com