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Legal

Data Processing Agreement

Draft under legal review. Placeholders in [brackets] are filled in before launch.

Effective [EFFECTIVE DATE]

This agreement (the "DPA") is part of the Terms of Service. It is between:

  • the agency that holds a Local Pinmeter workspace; and
  • [ENTITY NAME], [ADDRESS] ("Local Pinmeter").

It covers the personal data that the agency puts into Local Pinmeter, or collects through it, about its clients, prospects and leads.

1. Roles

  • The agency is the controller. It decides why and how this data is used.
  • Local Pinmeter is the processor. Under California law it is the agency's "service provider". It processes the data only to provide the service.
  • Account and billing data about the agency's own team is covered by the Privacy Policy, not this DPA.

2. What is processed

Kinds of people:

  • the agency's clients and their staff;
  • prospects;
  • people who fill in the agency's free-scan form (leads);
  • the agency's own team, as users of the workspace.

Kinds of data:

  • business details, which may name a person: business name, address, phone, website, Google listing IDs, ratings and reviews;
  • client notes and packages;
  • lead details: contact name, email, phone, consent text and time, ad click IDs and campaign tags, landing and referring page, browser type, keyed IP hash;
  • Business Profile locations and posts, if Google is connected.

No sensitive data. The service isn't built for special categories of data, such as health or biometric data, and the agency won't put them in.

What we do with it: store it; run grid scans; build reports, share links and PDFs; run lead pages and their 30-day re-checks; import history; publish Business Profile posts the agency creates.

How long: for as long as the agency uses the service, then as §7 says.

3. Our commitments

Local Pinmeter will:

  1. Follow the agency's documented instructions. The terms, this DPA and the agency's actions in the app are those instructions. We tell the agency if we think an instruction breaks the law.
  2. Not sell or share the data, and not use it for anything outside the service. That includes our own marketing and training AI models. We don't combine it with data from other sources except to provide the service.
  3. Bind everyone who handles it to confidentiality.
  4. Keep the security measures in Annex 2.
  5. Help the agency answer data subject requests. The app lets the agency find, export, correct and delete data itself. For anything it can't do, we help when asked.
  6. Help with security, breach and impact-assessment duties, as far as our role allows.
  7. Make available the information needed to show we meet this DPA (§8).

4. The agency's commitments

The agency:

  • has a lawful basis for the data it puts in, and for contacting its leads;
  • shows the consent text on its lead pages, which the service keeps with each lead;
  • is responsible for its own tracking tags on its lead pages, and for its visitors' consent to them;
  • answers its leads' and clients' privacy requests, with our help.

5. Breaches

If we confirm a breach of security that affects the agency's personal data:

  • We tell the agency without undue delay, and within 72 hours of confirming it. We say what happened, what data is affected, and what we're doing about it.
  • We send updates as we learn more.
  • Telling the agency is not an admission of fault.

6. Subprocessors

  • The agency allows the subprocessors on the Subprocessors page.
  • Each one is bound by data protection terms at least as protective as this DPA. Local Pinmeter remains responsible for them.
  • New subprocessors. We give at least 30 days' notice on that page, and by email to agencies who sign up for it.
  • Objections. The agency may object for reasonable data protection reasons.
    • If we can't resolve it, the agency may cancel.
    • We then refund the unused part of a prepaid plan.

7. End of service

  • Export any time. The agency can export its data in the app.
  • After the workspace closes, we keep the data 90 days so the agency can return or export it, then delete it.
  • Backups roll off within 30 days after that.
  • Exceptions: we keep only what the law requires us to keep, such as invoices.

8. Audits

  • Our written answers first. On request, at most once a year, we answer a reasonable security questionnaire and share our security summary.
  • Further audits happen only if the law or a regulator requires them, or after a breach. They are done:
    • with 30 days' notice;
    • at the agency's cost;
    • by an independent auditor under confidentiality;
    • so they don't disrupt the service.

9. Transfers out of the EU, EEA, UK or Switzerland

Local Pinmeter is in the United States. Where the law requires it, these apply to such transfers and are part of this DPA:

  • the European Commission's Standard Contractual Clauses, Module 2 (controller to processor);
  • the UK Addendum to them.

[Lawyer: confirm whether these are needed at launch, and fill in the clauses' options and governing law.]

10. General

  • Liability under this DPA follows the limits in the Terms of Service.
  • If this DPA and the terms conflict on personal data, this DPA wins.
  • This DPA lasts as long as Local Pinmeter processes the agency's personal data.

Annex 1: processing details

Summarised in §2. The processing is continuous, for the length of the subscription.

Annex 2: security measures

  • Workspaces are kept apart. Every query is scoped to the agency's workspace, and the separation is tested.
  • Encryption: HTTPS for all traffic. The hosting provider encrypts the database and backups at rest. Google access tokens are encrypted.
  • Sign-in: passwords are stored as secure hashes, sessions use an HTTP-only cookie, and sign-in is rate-limited.
  • Less data kept:
    • lead IP addresses are stored only as keyed hashes;
    • API keys for other rank trackers, used for imports, aren't stored;
    • raw provider responses are deleted after 90 days.
  • Limited access: only the people who run the service can reach production data.
  • Resilience: daily database backups, with restores tested.
  • Monitoring: error and uptime alerts, and spend and usage alerts that catch misuse.
  • Abuse protection: rate limits and a human check (Cloudflare Turnstile) on public forms.

Annex 3: subprocessors

See the Subprocessors page.