Data processing agreement
This data processing agreement ("DPA") forms part of the Terms of service between Furvur Inc. ("Furvur", "Processor") and the organization that uses ActionFeed for Teams ("Customer", "Controller"). It applies only to the extent that Furvur processes personal data on behalf of the Customer and that data protection law requires such an agreement. If this DPA conflicts with the Terms, this DPA applies only as to that conflict.
1. Roles
The Customer is the controller of personal data contained in workspace content (messages, answers, approvals and related data). Furvur is the processor of that data. Furvur is the controller of account, billing, security and usage data that it processes for its own purposes, as described in the Privacy policy.
2. Instructions
Furvur processes Customer personal data only to provide the Service and on the Customer's documented instructions. The Terms, this DPA and the Customer's use and configuration of the Service are the Customer's complete instructions. Any additional instruction requires Furvur's written agreement and may be subject to fees. Furvur may process data where the law requires it.
3. Customer responsibilities
The Customer is responsible for the lawfulness of the personal data it and its members and Sources send, for having a lawful basis and giving any required notices, for the accuracy of that data, and for its own compliance with data protection law.
4. Confidentiality and security
Furvur ensures that personnel who process Customer personal data are bound by confidentiality. Furvur uses technical and organizational measures that it considers appropriate to the nature of the Service. The Customer agrees that these measures are appropriate. Furvur does not guarantee that they will prevent every incident.
5. Sub-processors
The Customer gives Furvur general authorization to engage sub-processors. The current sub-processors are:
- Cloudflare, Inc. (United States and global network): hosting, storage, networking and queues.
- Apple Inc. (United States): Apple Push Notification service, for delivery to Apple devices.
- Google LLC (United States): Firebase Cloud Messaging, for delivery to Android devices.
Furvur may add or replace sub-processors by updating this list. The Customer's continued use of the Service after an update means that it accepts the change. If the Customer objects, its sole remedy is to stop using the Service.
6. International transfers
The Customer agrees that Furvur and its sub-processors may transfer and process personal data in Canada, the United States and other countries where they operate. Where the law requires a transfer mechanism, the parties will rely on a mechanism that Furvur selects.
7. Assistance
Taking into account the nature of the processing, Furvur will give the Customer reasonable assistance with data subject requests, security, impact assessments and consultations with authorities, only where the law requires it and only to the extent that the Customer cannot do so through the Service. The Customer will pay Furvur's reasonable costs for this assistance.
8. Personal data breach
Furvur will inform the Customer of a personal data breach affecting Customer personal data where and as the law requires. A notice is not an admission of fault or liability.
9. Deletion
After the Service ends for the Customer, Furvur will delete Customer personal data in line with its normal retention and deletion practices, except where the law requires or allows Furvur to keep it. The Customer is responsible for exporting any data it wants to keep before the Service ends.
10. Audits
Where the law gives the Customer an audit right, Furvur may meet it by providing written information about its measures. Any other audit requires Furvur's prior written agreement on scope, timing and cost, is at the Customer's expense, and is subject to confidentiality.
11. Liability
The disclaimers, limitations and exclusions of liability, the indemnity, the release and the claims provisions of the Terms apply to this DPA and to all claims under it, to the maximum extent that the law allows.
12. Changes
Furvur may change this DPA by posting a new version on this page, to the extent that the change does not reduce protection that the law requires.
Signed copy
This DPA applies without a signature. If your organization needs a countersigned copy, ask us.