Data Processing Agreement for Dr. Drive

§ 1. Parties and formation of the agreement

1. The controller is the person or facility that decides about the data of the people being visited, meaning a doctor in their own practice or a facility (“the Controller”).
2. The processor is Marek Maks, Traugutta 15, 36-200 Brzozów, Poland, email support@approject.dev, phone +48 513 785 574 (“the Processor”).
3. If you are the Controller, you enter into this agreement together with the Terms of Service when you accept them in the app.
4. If the Controller is a facility, the agreement is entered into by a person authorized to represent it. Write to support@approject.dev.

§ 2. Subject matter, nature and purpose of processing

1. The Controller entrusts the Processor with the data from map requests sent by the Dr. Drive app.
2. Processing consists of receiving a request, passing it to the map provider and returning the response to the phone.
3. The purpose is address search, calculating the day route and visit order, calculating drive times and fetching traffic incidents.
4. This agreement does not cover data stored on the phone. The Processor has no access to it.

§ 3. Type of data and categories of persons

1. Type of data: addresses and coordinates of visits and the text from the address field.
2. Categories of persons: people visited by the Controller, such as patients.
3. A compilation of home visit addresses may reveal data concerning health (Article 4(15) and Recital 35 GDPR).
4. Map requests do not include first names, last names, phone numbers, notes, visit dates or visit statuses.

§ 4. Obligations of the Processor

The Processor (Article 28(3) GDPR):

1. processes data only on documented instructions from the Controller. The instructions are this agreement and the use of the map features in the app,
2. informs the Controller if it believes that an instruction infringes data protection law,
3. maintains confidentiality and ensures that people with access to the data are also bound by it,
4. applies the security measures under Article 32 GDPR: encrypted connections, the map provider's key only on the server, limits on the number of requests, and no storage of request content in the database, cache or logs. A report of a map provider error may contain the address from that request and disappears after 30 days,
5. helps the Controller respond to requests from data subjects,
6. helps the Controller meet the obligations under Articles 32–36 GDPR and notifies it of a personal data breach without undue delay (Article 33(2) GDPR),
7. maintains a record of categories of processing activities (Article 30(2) GDPR),
8. makes available the information needed to demonstrate compliance with these obligations and allows audits at an agreed time.

§ 5. Sub-processors

1. The Controller gives general authorization for the use of sub-processors.
2. At present they are:
   1. Cloudflare, Inc. (USA): server,
   2. TomTom Global Content B.V. (Netherlands): map provider,
   3. Functional Software, Inc., Sentry (USA, data in the EU): server error reports.
3. The Processor gives notice of a planned change to this list at least 30 days in advance in the app or in the update description in Google Play and on this page. The Controller may object. If the objection is not accepted, the Controller may stop using the map features and terminate the agreement.
4. The Processor imposes on sub-processors data protection obligations consistent with this agreement and is liable for their performance (Article 28(4) GDPR).

§ 6. Transfers of data outside the European Economic Area

1. Cloudflare: EU-US Data Privacy Framework and, as a fallback, standard contractual clauses.
2. TomTom: requests are processed in the EU.
3. Sentry: reports are in the EU. For access from the USA, the EU-US Data Privacy Framework and, as a fallback, standard contractual clauses.

§ 7. Duration and termination

1. The agreement lasts as long as the Controller uses the map features in the app. It ends together with the agreement under the Terms of Service.
2. After the agreement ends, the Processor has nothing to return or delete, because it does not store map requests. Error reports disappear after 30 days, and the copies at TomTom expire on its schedule (up to 90 days).

§ 8. Obligations of the Controller

1. The Controller is responsible for the legal basis of the processing and for informing data subjects (Articles 6, 9 and 13–14 GDPR).
2. The Controller enters only the address in the address field and does not send the Processor patient data other than in map requests.

§ 9. Final provisions

1. The parties' liability is governed by Article 82 GDPR and the Terms of Service.
2. In matters of protecting the entrusted data, this agreement takes precedence over the Terms.
3. This agreement is governed by Polish law.