Data Processing Agreement (DPA)

This is a convenience translation. The German Auftragsverarbeitungsvertrag (AVV) is the legally binding version.

Agreement on processing on behalf of a controller (Art. 28 GDPR) between the merchant operating the Shopify store that installs the “Extra Carts” app — the Controller — and Q4 Reach Labs GmbH, Berthold-Litzmann-Str. 12a, 80995 Munich, Germany — the Processor.

§1 Subject, duration

(1) The Processor provides event-based product-recommendation emails to the Controller’s existing customers plus the related attribution and billing (the “Service”), as described in Annex 1 in its activated version. (2) Effective on app installation; ends on uninstall; §9 (deletion) and §11 (records) survive.

§2 Nature, purpose, data categories, data subjects

Exhaustively described in Annex 1, structured by processing stages (Stage 1 active from installation; later stages only per §12). Summary: end-customer master data (email, name, salutation/locale), consent/marketing status, order and product data, email send and interaction events, click/attribution data, email replies (forwarded to the Controller’s support). No special categories (Art. 9 GDPR); the Controller ensures none are transmitted.

§3 Instructions

(1) Processing only on documented instructions; the app configuration and this agreement constitute the documented instructions. (2) If an instruction appears unlawful, the Processor informs the Controller and may suspend. (3) Conservative principle: where the legal basis of an individual send is unclear, the send is suppressed — agreed as instruction-compliant.

§4 Confidentiality

All authorized persons are bound to confidentiality (Art. 28(3)(b) GDPR).

§5 Security

Technical and organizational measures per Annex 2, at minimum: encryption at rest (AES-256 or equivalent) and in transit (TLS 1.2+), least-privilege access control, pseudonymized recipient identifiers in analytics, no personal data in application logs or error monitoring, secrets management, daily backups (30-day retention), RTO < 4 h / RPO < 15 min, quarterly restore test, pre-launch penetration test.

§6 Sub-processors

(1) General authorization for the sub-processors listed in Annex 3. (2) Changes announced at least 30 days in advance; objection for good data-protection cause; unresolved objection → special termination right (uninstall). (3) Equivalent obligations imposed on sub-processors. (4) Third-country transfers only with appropriate safeguards (Art. 44 et seq. GDPR).

§7 Assistance

The Processor supports the Controller regarding data-subject rights (Art. 12–23) and Art. 32–36 duties; access requests (customers/data_request) and deletion requests (customers/redact) are fulfilled within 48 hours of webhook receipt.

§8 Breach notification

Without undue delay, at the latest within 48 hours of awareness, with the Art. 33(3) GDPR particulars, documented.

§9 Deletion and return

(1) On uninstall: immediate send stop; complete deletion of all shop data at the latest with the shop/redact webhook (48 hours). (2) Ongoing deletion periods per Annex 1. (3) Exception: pseudonymized billing evidence without personal reference is retained 7 years for commercial/tax purposes (Art. 28(3)(g), last clause). (4) The suppression list is kept indefinitely as hashed email — legal basis: safeguarding the marketing objection.

§10 Audit rights

The Processor provides all information necessary to demonstrate Art. 28 GDPR compliance and enables audits: annually and for cause, with reasonable notice, during business hours, without disrupting operations; primarily via current audit reports/certifications where sufficient.

§11 Anonymized statistics

(1) The Processor may create and use anonymized, aggregated statistics from service delivery (counters and rates per subject-line variant — no order values, no catalog data, no personal data) to improve service quality for all merchants; this is a purpose specified by the Controller. (1a) These aggregates are not used to create, train, or improve machine-learning or AI systems except with Shopify’s prior written consent (cf. Shopify API Terms §2.3(24)). (2) Aggregates contain no end-customer personal data and no merchant-identifying information; minimum cohorts: ≥ 10 merchants and ≥ 1,000 sends per aggregate. (3) Re-identification is technically and organizationally excluded. (4) A plain-language summary of changes is kept in Annex 4.

§12 Staged model, changes to Annex 1

(1) Annex 1 describes all planned processing stages; only Stage 1 is active at signature. (2) Activation of a later stage is announced at least 30 days in advance in text form and in the dashboard with a plain-language changelog (Annex 4). (3) On objection, the stage is not activated for that Controller where technically separable; otherwise a special termination right exists. (4) Material purpose changes outside the pre-described stages require a new agreement.

§13 Liability, final provisions

Liability per Art. 82 GDPR and statutory rules. German law; venue is Munich. Severability. In conflicts with the Terms of Service, this agreement prevails on data protection. The German AVV is the authoritative text; this translation is for convenience.

Annex 1 — Processing description (staged model)

Stage 1 — active from installation. Purpose: event-based product recommendations by email to existing customers (post-purchase, similar goods within the meaning of §7(3) UWG), click attribution, percentage billing of the attributed order value on the Fair plan (6% of the gross merchandise value incl. taxes, excl. shipping, at the cycle-end snapshot; on the Free plan, sending pauses after the first 100 recommendations of each billing cycle and no billing occurs), subject-line rotation for quality measurement (variant-level aggregate evaluation per §11).

Data categories:

• order data of the last 60 days (line items, refund, payment and fulfillment state, customer-journey data)
• end-customer master data: email, first and last name, salutation/locale, marketing-consent status
• product and variant data (title, image, URL, price, availability, product type, collection membership)
• email send and interaction events, click/attribution data
• end-customer email replies (forwarded to the merchant’s support)

Data subjects: the merchant’s end customers.

Deletion periods:

Otherwise, personal data is deleted as soon as it is no longer required for the purposes named in this annex. Place of processing: EU.

Stage 2 — pre-described, not active. Abandoned-checkout trigger (including checkout data); control-group (holdout) assignment to measure added value and automatic credits (performance credit). Activation per §12.

Stage 3 — pre-described, not active. Further triggers per the product roadmap (repurchase/winback, replenishment reminder, back-in-stock notification on the customer’s explicit request); possibly further markets. Activation per §12.

Annex 2 — Technical and organizational measures (Art. 32 GDPR)

Confidentiality and access control: encryption of personal data at rest (AES-256 or equivalent); transport encryption TLS 1.2+ for all access; least-privilege access control; separation of PII storage from behavioral/analytics storage where practical; pseudonymization (hashing) of recipient identifiers in analytics tables.

Data minimization in operations: no personal data in application logs; no personal data in error-monitoring payloads.

Integrity: HMAC verification of all Shopify webhook signatures; HMAC-signed, time-bounded click-redirect tokens; secrets in a managed secrets store (no secrets in container environment variables).

Availability and resilience: daily backups with 30-day retention; recovery objectives RTO < 4 h / RPO < 15 min; quarterly restore test; queues retain events on processing failure.

Regular review procedures: quarterly dependency audit; penetration test before public launch; continuous system monitoring.

Annex 3 — Sub-processors

Changes to this list are announced at least 30 days in advance per §6.

Annex 4 — Change log (plain language)