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Data Processing Addendum (DPA) & International Transfers

Comprehensive data protection framework for controllers and processors

Last Modified on April 27, 2017

Owner & Contact

Owner/Operator: Spyface Tech Company, LLC (d/b/a "ClinicBooking")

Address: 30 N Gould St Ste N, Sheridan, WY 82801, USA

1

Applicability & Roles

  • This DPA is incorporated by reference into the agreement between ClinicBooking and the customer entity using our platform (the "Controller" or "Customer") when we process Personal Data on the Customer's documented instructions.
  • Role split: For core marketplace and appointment tools, ClinicBooking acts as a Processor to the Customer (e.g., Clinics) with respect to patient/lead data they input. For our own analytics, fraud-prevention, platform security, marketing and product improvement, ClinicBooking acts as an independent Controller (see Privacy Policy).
  • HIPAA/PHI boundary: This DPA is not a HIPAA Business Associate Agreement. We do not agree to receive, create, maintain, or transmit PHI unless a separate signed BAA is in place. Customers must not upload PHI unless a BAA has been executed.
Jurisdictional scope: This DPA satisfies requirements under GDPR/UK GDPR, Swiss FADP, certain U.S. state privacy laws (e.g., CCPA/CPRA service provider/contractor terms), and analogous regimes. Where conflicts exist, the stricter protective term controls.
2

Key Definitions

  • Personal Data, Processing, Controller, Processor, Data Subject, Personal Data Breach have the meanings in the GDPR. For UK and Swiss scope, read as per UK GDPR/Swiss FADP.
  • Consumer Health Data (CHD): has the meaning under applicable U.S. state laws (e.g., WA MHMDA). If we process CHD as a processor, Customer remains responsible for obtaining consents and honoring state-specific requirements.
  • Standard Contractual Clauses (SCCs): refers to EU Commission Decision (EU) 2021/914 (Modules 2 & 3), including UK IDTA Addendum and Swiss Addendum as applicable.
3

Annex A — Details of Processing

Item

Subject matter

Description

Provision of ClinicBooking platform (lead capture, messaging, appointment scheduling, payments facilitation), and related support.

Item

Duration

Description

For the term of the underlying service agreement and any data retention period required by law or explicitly instructed by Customer.

Item

Nature & purpose

Description

Hosting, storage, transmission, display and processing of Personal Data strictly as needed to provide the services; security monitoring; fraud prevention; troubleshooting; service analytics as Processor to Customer.

Item

Data subjects

Description

Patients/consumers; prospective patients/leads; Customer's staff and providers; Customer's administrators; ClinicBooking support contacts.

Item

Personal data categories

Description

Identification & contact data; account/profile data; appointment & inquiry details; communications metadata and content sent via platform; device/usage identifiers (IP, user agent); location approximations; limited payment identifiers (token/last4; no full PAN stored by ClinicBooking); optional health-related details that Customer inputs.

Item

Special categories

Description

Health-related information may be processed as instructed by Customer. No PHI unless a separate BAA is executed.

Item

Processor role

Description

ClinicBooking acts on Customer's documented instructions (see §4) and uses Subprocessors listed in this DPA (see §7 and §15).

4

Controller Instructions

  • ClinicBooking will process Personal Data only on documented instructions from Customer, including with respect to international transfers, unless required by law (in which case we will inform Customer unless legally prohibited).
  • Customer is responsible for having a lawful basis, notices, consents, and for the accuracy of data it inputs.
  • Customer shall not instruct ClinicBooking to process PHI without a signed BAA.
5

Personnel & Confidentiality

  • ClinicBooking ensures personnel with access to Personal Data are subject to confidentiality obligations and receive appropriate privacy/security training.
6

Annex B — Security Measures

Control area

Organization & governance

Measures

Security program; risk assessments; access approvals; least privilege; background checks where permitted; vendor risk management.

Control area

Physical & infrastructure

Measures

Data centers with industry certifications (via cloud providers); redundant power/network; physical access controls.

Control area

Logical access

Measures

MFA for privileged accounts; strong auth; role-based access; session management; logging and monitoring.

Control area

Data protection

Measures

Encryption in transit (TLS 1.2+); encryption at rest for primary stores; key management by reputable cloud KMS; secure deletion routines.

Control area

Development & change

Measures

Secure SDLC; code review; dependency management; secrets management; staging segregation; CI/CD controls.

Control area

Vulnerability & incident

Measures

Automated scanning; patching SLAs; third-party testing as needed; incident response plan; breach notification (§10).

Control area

Business continuity

Measures

Backups; tested restores; documented DR procedures.

Control area

Privacy by design

Measures

Data minimization; purpose limitation; retention controls; audit logs; DSR tooling support.

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Annex C — Subprocessors & Change Management

  • Customer authorizes ClinicBooking to engage Subprocessors to support the services. We remain responsible for their performance.
  • We will maintain a public list of current Subprocessors (§15) and provide prior notice of material changes. Customer may object on reasonable grounds related to data protection; if unresolved, Customer may terminate affected services without penalty.
  • We impose written data protection terms on Subprocessors no less protective than this DPA.
8

International Transfers & SCCs/UK Addendum/Swiss Addendum

  • Where Personal Data is transferred internationally, ClinicBooking implements appropriate safeguards, including the EU SCCs (Modules 2 and/or 3), the UK IDTA Addendum, and the Swiss Addendum, as applicable.
  • Annexes to SCCs: this DPA (Annex A/B/C) forms the SCCs' Annex I/II/III. Governing law for SCCs: Ireland (for EU), England & Wales (for UK addendum), and Swiss law for Swiss Addendum.
  • We conduct transfer risk assessments (TIAs) where required and implement supplementary measures (e.g., encryption, access controls).
Note: For CCPA/CPRA, ClinicBooking acts as "service provider/contractor" for Customer instructions; we do not sell/share Personal Information except as permitted by law and contract.
9

Data Subject Requests (DSRs)

  • ClinicBooking will, where feasible and legally permitted, assist Customer by appropriate technical and organizational measures to respond to access, deletion, correction, portability, objection and restriction requests.
  • If we receive a DSR directly and can identify the Customer, we will notify the Customer and await instruction unless prohibited by law.
10

Security Incidents & Breach Notice

  • ClinicBooking will notify Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer data, and provide information as it becomes available: nature of breach, categories/approximate number of data subjects and records, likely consequences, and measures taken or proposed.
  • Customer is responsible for regulatory notifications to authorities/data subjects unless otherwise agreed or required by law.
11

Return & Deletion

  • Upon termination or at Customer's request, ClinicBooking will delete or return Personal Data (at Customer's choice) after reasonable retention needed for legal, audit, or dispute purposes. Backups roll off per standard cycles.
12

Assistance, Records & Audits

  • ClinicBooking will make available information necessary to demonstrate compliance (e.g., summaries of audits/assessments, security overviews) and allow audits by Customer or a mutually agreed independent auditor, subject to reasonable notice, confidentiality, and frequency limits.
  • We will reasonably assist with DPIAs and consultations with supervisory authorities related to the Services.
13

Liability & Allocation of Risk

  • Each party's liability under this DPA is subject to the limitations and exclusions set out in the underlying agreement, except where prohibited by applicable law or the SCCs.
14

Term; Order of Precedence; Changes

  • This DPA remains in effect for as long as ClinicBooking processes Personal Data on behalf of Customer.
  • In case of conflict: SCCs (where applicable) > this DPA > main agreement.
  • ClinicBooking may update this DPA to reflect legal or operational changes. Material changes will be notified in advance where required.
  • Governing law for this DPA (outside SCCs): Wyoming, USA, unless the main agreement specifies otherwise.
15

Current Subprocessor List

Subprocessor

Amazon Web Services (AWS)

Purpose

Cloud hosting, storage, databases, KMS

Data categories

All data stored by platform

Primary processing location

USA/EU (region as configured)

Subprocessor

Cloudflare

Purpose

CDN, WAF, DDoS protection

Data categories

IP, request metadata, cached content

Primary processing location

Global

Subprocessor

Stripe

Purpose

Payment processing

Data categories

Payment tokens/last4, billing info (no full PAN by ClinicBooking)

Primary processing location

USA/EU

Subprocessor

Twilio

Purpose

SMS/voice routing

Data categories

Phone numbers, call/SMS metadata, recordings if enabled

Primary processing location

USA/EU

Subprocessor

Mailgun / SendGrid

Purpose

Transactional email

Data categories

Email, message metadata, limited content

Primary processing location

USA/EU

Subprocessor

Campaign Monitor / Iterable

Purpose

Marketing communications (where permitted)

Data categories

Contact data, subscription preferences

Primary processing location

USA/EU

Subprocessor

Trustpilot

Purpose

Service feedback collection

Data categories

Contact data for invitations, review metadata

Primary processing location

EU/Global

Subprocessor

Analytics providers (e.g., Google Analytics)

Purpose

Usage analytics, performance

Data categories

Device/usage data, IP (as configured)

Primary processing location

Global

Subprocessor

121BPO (or equivalent support vendor)

Purpose

Customer support overflow/NDA-bound ops

Data categories

Ticket metadata, limited contact/inquiry details

Primary processing location

As contracted

We will post updates to this list prior to onboarding a new Subprocessor or changing a processing location. To receive change notices, email privacy@clinicbooking.com with subject "Subscribe — Subprocessor Updates".

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Contact

Privacy/DPA: privacy@clinicbooking.com

Address: Spyface Tech Company, LLC (ClinicBooking), 30 N Gould St Ste N, Sheridan, WY 82801, USA