DATA PROCESSING AGREEMENT (DPA)
Introduction
This Data Processing Agreement (“Agreement”) outlines MarketMosaicPro’s obligations as a data processor and the user’s obligations as a data controller under applicable privacy laws.
By using the Service, the user (“Controller”) and MarketMosaicPro (“Processor”) agree to the terms described herein.
This Agreement supplements the Terms & Conditions, Privacy Policy, and User Agreement.
Definitions
Controller: The user who uploads, stores, or manages personal data through the Service.
Processor: MarketMosaicPro, which processes personal data on behalf of the user.
Personal Data: Any information relating to an identifiable person.
Processing: Any operation performed on personal data, including storage, organization, transmission, or deletion.
Roles and Responsibilities
1. User Responsibilities (Controller):
The user is responsible for:
• Lawfully collecting all personal data
• Obtaining explicit consent where required
• Maintaining regulatory compliance in their jurisdiction
• Responding to client data requests
• Ensuring that all uploaded data is accurate and appropriate
MarketMosaicPro does not verify whether the user has obtained lawful consent.
2. MarketMosaicPro Responsibilities (Processor):
We will:
• Process data only as instructed by the Controller
• Provide secure data storage and transmission
• Implement appropriate technical and organizational safeguards
• Assist with data access or deletion requests when submitted by the user
• Notify the Controller of any discovered security breach without undue delay
Permitted Processing Activities
MarketMosaicPro may process data only for purposes necessary to provide the Service, including:
• Account creation and authentication
• Storage, organization, and retrieval of user-uploaded data
• Email sending or communication features
• System monitoring, optimization, and security
• Backup and redundancy operations
• Billing and subscription management
No processing will occur outside of these functions unless required by law.
Data Security Measures
We implement industry-standard safeguards including:
• Encrypted connections (TLS/SSL)
• Secure data hosting environments
• Access controls and authentication procedures
• Firewalls and threat monitoring
• Regular vulnerability assessments
• Strict internal data handling protocols
Although no system can guarantee absolute security, we take all reasonable steps to protect data.
Sub-Processors
We may engage third-party providers (“sub-processors”) for:
• Hosting and data storage
• Email delivery
• Analytics and diagnostics
• Payment processing
All sub-processors operate under their own privacy terms and maintain industry-standard security.
A current list of sub-processors is available upon request.
International Data Transfers
Personal data may be processed or stored in a jurisdiction outside the user’s home country.
We use reasonable safeguards to maintain compliance with international data transfer laws.
Data Subject Rights
Users may submit requests regarding their clients’ personal data, including:
• Access
• Correction
• Deletion
• Restriction of processing
• Portability
MarketMosaicPro will assist Controllers in fulfilling these requests when feasible.
Data Breach Notification
In the event of a confirmed data breach affecting user data:
• MarketMosaicPro will notify the Controller without undue delay
• Provide relevant details as they become available
• Cooperate to mitigate impact
The Controller is responsible for notifying affected individuals when required by law.
Data Retention and Deletion
Upon termination of an account:
• User data is deleted according to our Data Retention & Destruction Policy
• Backups may retain temporary copies before automated overwrite
• The Controller may request expedited deletion by submitting a valid request
MarketMosaicPro does not retain personal data beyond what is required for legal or operational obligations.
Audit Rights
Controllers may request information about our data protection practices, security measures, or relevant certifications.
Formal audits may be accommodated when required by law, subject to reasonable limitations.
Prohibited Actions
Users may not:
• Upload data obtained unlawfully
• Store sensitive personal data without explicit consent
• Use the Service for surveillance or harmful activities
• Use the Service to violate privacy regulations
MarketMosaicPro reserves the right to suspend or terminate accounts that violate these conditions.
Duration of Agreement
This Agreement remains in effect for as long as the user maintains an active account or until terminated by either party, provided all data processing obligations have been fulfilled.
Governing Law
This Agreement is governed by the laws of Ontario, Canada, unless superseded by mandatory data protection laws in the user’s jurisdiction.