EasyRecon Data Processing Agreement
This DPA applies when EasyRecon processes Customer Data on behalf of a dealership customer under the Customer Terms or a signed order form.
1. Parties and Scope
- This Data Processing Agreement is between EasyRecon LLC as processor/service provider and the customer identified in the applicable Customer Terms, order form, signup record, or subscription agreement as controller/business.
- This DPA applies only to Personal Data that EasyRecon processes on behalf of Customer as Customer Data through the Service.
- If this DPA conflicts with the Customer Terms, this DPA controls only for the data processing topics it covers.
2. Definitions
- Customer Data means data, content, records, files, messages, photos, and information submitted to or generated in the Service by or on behalf of Customer.
- Personal Data means Customer Data relating to an identified or identifiable natural person.
- Processing means any operation performed on Personal Data, including collection, storage, use, access, disclosure, transmission, deletion, or return.
- Security Incident means a confirmed unauthorized access to or disclosure, alteration, or destruction of Personal Data under EasyRecon's control.
- Subprocessor means a third-party provider engaged by EasyRecon to process Personal Data to provide the Service.
3. Processing Instructions
- Customer instructs EasyRecon to process Personal Data to provide, secure, maintain, support, troubleshoot, bill, and improve the Service, and as otherwise permitted by the Customer Terms and this DPA.
- EasyRecon will process Personal Data only on Customer's documented instructions unless required by law.
- Customer is responsible for the lawfulness of Customer's instructions and for providing required notices and obtaining required consents from data subjects.
4. Data Subjects and Data Categories
- Data subjects may include dealership employees, contractors, administrators, vendors, service providers, customers, vehicle owners, website visitors, support contacts, and other people whose data Customer submits to the Service.
- Personal Data may include names, work emails, phone numbers, job titles, dealership roles, login identifiers, IP addresses, user activity, communication metadata, message content, vehicle-related identifiers, VINs, photos, notes, attachments, service/recon records, approvals, timestamps, billing contacts, support content, and technical logs.
- Special categories of sensitive data are not required for normal use and should not be submitted unless Customer has a lawful basis and EasyRecon has agreed in writing where required.
5. Confidentiality and Access
- EasyRecon will restrict Personal Data access to personnel and providers who need access to provide, secure, support, or maintain the Service.
- EasyRecon personnel with access to Personal Data will be subject to confidentiality obligations.
- EasyRecon will use reasonable internal access controls appropriate for its size, stage, systems, and risk profile.
6. Security Measures
- EasyRecon will maintain reasonable administrative, technical, and organizational measures designed to protect Personal Data against unauthorized access, disclosure, alteration, and destruction.
- Measures may include HTTPS/TLS in transit, provider-supported encryption at rest, authentication controls, role-based permissions, least-privilege internal access, logging, monitoring, backups, incident response procedures, and vendor security review.
- Customer is responsible for account-side security, including user provisioning, permissions, endpoint/device security, password hygiene, and prompt removal of unauthorized users.
7. Subprocessors
- Customer authorizes EasyRecon to use subprocessors to provide the Service.
- Authorized subprocessors may include, as applicable: Clerk for authentication; Railway or similar hosting infrastructure; Neon or similar database hosting; Stripe for payment and billing; Twilio for SMS and messaging; Sentry or similar monitoring; Anthropic or similar AI processing; object storage providers; email/support providers; and security/infrastructure providers.
- EasyRecon will require subprocessors to protect Personal Data under terms materially consistent with this DPA for the services they provide.
- EasyRecon remains responsible for subprocessors' processing of Personal Data under this DPA.
- EasyRecon may add or replace subprocessors as the Service evolves and will provide notice of material changes through email, in-app notice, posting, or other reasonable method.
8. Security Incident Notice
- EasyRecon will notify Customer without undue delay after confirming a Security Incident involving Customer Personal Data.
- Notice will include information reasonably available to EasyRecon, such as the nature of the incident, affected data categories, known impact, mitigation steps, and contact information for follow-up.
- EasyRecon will take reasonable steps to investigate, contain, and remediate confirmed Security Incidents.
- Notifications are not admissions of fault or liability.
9. Data Subject Requests
- Customer is responsible for responding to data subject requests where Customer controls the Personal Data.
- EasyRecon will provide reasonable assistance, taking into account the nature of the Service, to help Customer respond to access, correction, deletion, portability, objection, or similar requests.
- If EasyRecon receives a request directly about Customer Data, EasyRecon may redirect the requester to Customer unless legally required to respond.
10. Return and Deletion
- During the subscription term and for 30 days after termination, Customer may request export of Customer Data in a reasonable machine-readable format.
- After the export period, EasyRecon may delete or anonymize Customer Data from production systems unless retention is required for legal, billing, security, backup, compliance, or dispute purposes.
- Backups may retain Customer Data for a limited period under normal backup and disaster recovery schedules before deletion or overwrite.
- Upon reasonable request, EasyRecon may confirm completion of production deletion, subject to backup and legal retention limits.
11. Audits and Information
- Upon reasonable written request, EasyRecon will provide information reasonably necessary to demonstrate compliance with this DPA, such as completed security questionnaires, summaries of controls, or relevant third-party documentation where available.
- On-site audits are not available unless required by applicable law or separately agreed in writing.
- Customer must not use audit rights to access data of other customers, confidential infrastructure details, trade secrets, or information that would create security risk.
12. International Transfers
- EasyRecon is based in the United States and the Service is generally operated from the United States and by U.S.-based providers unless otherwise disclosed.
- If Customer Personal Data is transferred internationally in a way that requires a transfer mechanism, the parties will use an appropriate mechanism, such as standard contractual clauses or another lawful mechanism, where required.
13. Liability, Term, and Governing Law
- Liability under this DPA is subject to the limitation of liability in the Customer Terms unless applicable law requires otherwise.
- This DPA remains in effect for as long as EasyRecon processes Personal Data on behalf of Customer.
- This DPA is governed by the law and dispute resolution terms in the Customer Terms.