Data Processing Agreement
This Data Processing Agreement ("DPA") is part of the Terms of Service between you, the account holder ("Controller"), and Stijn ter Steege, the Netherlands ("Pingeon" or "Processor"). It applies whenever Pingeon processes personal data on your behalf, and meets the requirements of Article 28 of the EU GDPR and the UK GDPR. You accept it by accepting the Terms; no signature is needed. If you need a countersigned copy, email [email protected].
1. Subject matter and details of processing
| Subject matter | Providing the Pingeon monitoring, alerting and status page service. |
|---|---|
| Duration | As long as you have an account, plus the deletion periods in section 9. |
| Nature and purpose | Storing, sending email to, and displaying data as needed to run checks, send alerts, publish status pages and deliver status updates. |
| Categories of data subjects | Subscribers of your status page; people you add as alert recipients or escalation contacts; people named in your incident notes or status updates; your team members who use the account. |
| Types of personal data | Email addresses; names; subscription and confirmation timestamps; free text you enter; any personal data contained in monitored responses or custom request headers. |
| Special categories | None intended. Don't put special category data (Art. 9 GDPR) in Pingeon. |
2. Instructions
Pingeon processes the personal data only on your documented instructions, which are these terms and your use and configuration of the Service, unless required otherwise by EU or member state law, in which case Pingeon will inform you first unless that law prohibits it. Pingeon will tell you if it believes an instruction infringes data protection law.
3. Confidentiality
Everyone authorized to process the personal data is bound by confidentiality obligations.
4. Security
Pingeon implements the technical and organizational measures in the Annex, taking into account the state of the art, the costs, and the nature, scope, context and purposes of the processing and the risks to data subjects (Art. 32 GDPR). Pingeon may update these measures as long as the overall level of security doesn't decrease.
5. Sub-processors
You give general authorization for Pingeon to use sub-processors. The current sub-processors are listed in section 5 of the Privacy Policy: Cloudflare, Inc. and our server hosting provider in Germany. Pingeon will announce any intended addition or replacement by updating that list and emailing account holders at least 30 days in advance. You may object on reasonable data protection grounds; if we can't resolve the objection, you may terminate by deleting your account. Pingeon imposes data protection obligations on each sub-processor that are substantially the same as those in this DPA, and remains responsible for their performance.
6. International transfers
Where personal data is transferred outside the EEA, the UK or Switzerland, Pingeon ensures an adequate level of protection, through an adequacy decision (including the EU–US Data Privacy Framework for certified recipients) or the European Commission's Standard Contractual Clauses (2021/914), with the UK International Data Transfer Addendum and Swiss amendments where applicable.
7. Assistance with data subject requests
The Service lets you access, correct, export and delete the personal data you've put in it, and status page subscribers can unsubscribe themselves. Where you need more help responding to a data subject exercising their rights, Pingeon assists you by appropriate measures. If a data subject contacts Pingeon directly about your data, Pingeon will refer them to you where possible.
8. Personal data breaches and other assistance
Pingeon notifies you without undue delay, and where feasible within 48 hours, after becoming aware of a personal data breach affecting your data, with the information you reasonably need to meet your own obligations. Pingeon also gives reasonable assistance with data protection impact assessments and prior consultations, taking into account the nature of the processing and the information available to it.
9. Deletion and return
You can export your data at any time in Settings > Your data. When you delete your account, Pingeon deletes the personal data immediately from the live systems, and from backups within 14 days, unless EU or member state law requires storage.
10. Audits
Pingeon makes available to you all information reasonably necessary to demonstrate compliance with this DPA, and answers written questions about its security and processing. If that doesn't reasonably suffice, or a supervisory authority requires it, Pingeon allows for and contributes to audits by you or an independent auditor bound by confidentiality, on at least 30 days' written notice, during normal business hours, at most once a year, and at your cost.
11. US state privacy laws
Where the CCPA or similar US state laws apply, Pingeon acts as your service provider or processor. It won't sell or share the personal information, retain, use or disclose it outside the direct business relationship with you or for any purpose other than providing the Service, or combine it with personal information from other sources except as permitted by law. Pingeon will notify you if it can no longer meet these obligations.
12. Liability and precedence
The exclusion of liability in section 11 of the Terms applies to this DPA, to the extent permitted by data protection law. If this DPA conflicts with the Terms, this DPA prevails for the processing of personal data.
Annex: technical and organizational measures
- Encryption in transit: all connections to the website, app, API and status pages use HTTPS (TLS). The server only accepts connections through Cloudflare, with strict certificate validation.
- Encryption at rest: custom request headers, which can contain secrets, are encrypted with keys kept apart from the database.
- Authentication: passwordless sign-in with single-use, short-lived codes stored only as hashes; signed session tokens that can be revoked on all devices at once.
- Access control: every data query is limited to the signed-in account; production access is restricted to the operator; database and services are not reachable from the internet.
- Abuse prevention: rate limits per IP address and per account, a bot check on forms that send email, double opt-in for subscriptions, and protection against checks of private network addresses.
- Isolation and hardening: services run in separate containers with read-only file systems, without extra privileges and with resource limits.
- Availability and resilience: nightly database backups kept for 14 days; an outbox that retries emails; external monitoring of the service itself.
- Data minimization: only data needed for the Service is collected; check history is deleted after 30 days and sent emails after 14 days.
- Deletion: immediate, complete deletion of an account and its data on request in the app.