1. Parties and Purpose
This Data Processing Agreement (the "Agreement") is between Ken3a (legal entity name and address to be inserted), the Processor, and the business that subscribes to the Ken3a service and is named in the signature block below, the Controller.
The Controller uses Ken3a to run its business: scheduling, customer records, crew management, payroll support, invoicing and communications. In doing so it entrusts Ken3a with personal information about its customers, its staff and its prospects. Under Quebec's Act respecting the protection of personal information in the private sector (as amended by Law 25) and Canada's PIPEDA, the Controller remains responsible for that information, and must have a written agreement with any party that processes it on its behalf. This is that agreement.
2. What Is Processed
| Whose information | What kind | Why |
|---|---|---|
| The Controller's customers and prospects | Names, addresses, phone numbers, email addresses, service history, notes, photographs of premises, invoices and payment status, communication preferences and language, messages exchanged | To schedule, deliver, document, invoice and follow up the Controller's services |
| The Controller's staff and applicants | Names, contact details, roles, availability, hours and clock-in times, work locations during shifts, pay rates and payroll figures, performance and training notes, application details | To dispatch, time, pay and manage the Controller's workforce |
| The Controller's own users | Login details, roles, device and session records | To secure access to the service |
Payment card numbers are never processed by Ken3a: cards are entered directly with Stripe, or with Square where the Controller has connected it, which hold them under their own agreements with the Controller.
3. Ken3a's Obligations
- Instructions only. Ken3a processes the information solely to provide the service, in accordance with the Controller's instructions as expressed through its use of the service and this Agreement. Ken3a does not use it for its own purposes, does not sell it, and does not share it except as set out in section 5.
- Confidentiality. Every person Ken3a authorises to access the information is bound by a duty of confidentiality. Access by Ken3a staff to a Controller's workspace happens only at the Controller's request, in a time-limited support session, and every such access is logged and visible to the Controller.
- Security. Ken3a maintains the measures described in section 4 and keeps them under review.
- Incidents. Ken3a notifies the Controller within 72 hours of confirming any confidentiality incident affecting the Controller's information, describes what happened, what information was involved and what is being done, cooperates with the Controller's own notifications, and keeps a register of incidents as the law requires.
- Assistance. Ken3a assists the Controller, through the service or on request, in answering access, correction, withdrawal and deletion requests from the people the information concerns, and in any privacy impact assessment the Controller carries out before entrusting information to Ken3a.
- Return and deletion. At any time the Controller may export its information from the service. After the subscription ends the workspace is kept for 30 days for export or reactivation, then scheduled for deletion; deleted content may persist in encrypted backups for up to a further 30 days before being overwritten. Records Ken3a must keep by law (invoices and payment records, generally seven years) are retained for that period only.
- Records and verification. Ken3a keeps a record of its processing activities and of its sub-processors, and provides the Controller, on request and no more than once a year, with a written description of its security measures sufficient to demonstrate compliance with this Agreement.
4. Security Measures
- All data is encrypted in transit (TLS) between the Controller's devices and Ken3a, and between Ken3a and its sub-processors.
- Nightly backups; backups and uploaded files are encrypted at rest on Cloudflare's network.
- The live database runs on a dedicated server in Hetzner's access-controlled data centre, reachable only over an authenticated, encrypted connection. Each Controller's rows are isolated from every other Controller's by row-level security enforced in the database itself.
- Access to a Controller's workspace requires authentication; staff and customer logins are scoped to what their role needs; sessions on lost devices can be revoked by the Controller.
- Support access by Ken3a is request-only, time-limited and logged.
- Card numbers never reach Ken3a's systems.
5. Sub-processors and Location
The Controller authorises the following sub-processors. Ken3a gives at least 30 days' notice, by email to the Controller's owner account, before adding or replacing one; the Controller may object in writing within that period, in which case the parties confer and the Controller may terminate the subscription without penalty if no solution is found.
| Sub-processor | Purpose | Location |
|---|---|---|
| Hetzner Online GmbH | Application and database hosting | Ashburn, Virginia, USA |
| Cloudflare, Inc. | Content delivery, file storage, backups, analytics | Global network; storage in the USA |
| Stripe, Inc. | Subscription and customer payments | USA |
| Square (Block, Inc.) | Customer payments, only where the Controller connects its Square account | USA / Canada |
| Anthropic, PBC and OpenAI, L.L.C. | AI features: drafting messages, reading photographs and receipts, answering questions. Only the portion of information needed for the task is sent, under instructions not to use it to train their models. | USA |
| Twilio Inc. | Text messages and calls | USA |
| Resend, Inc. | Email delivery | USA |
6. The Controller's Obligations
The Controller warrants that it has the right to entrust the information to Ken3a; that it has given the people concerned the notices the law requires, including about location data and performance records for staff; that its instructions comply with the law; and that it has considered the location of storage described in section 5.
7. Term, Liability and Law
This Agreement takes effect when signed by both parties and lasts as long as the Controller's subscription, plus the deletion period in section 3. Liability between the parties is governed by the Terms & Conditions. This Agreement is governed by the laws of Quebec and the federal laws of Canada applicable there, and the courts of the district of Montréal have jurisdiction. In case of conflict between this Agreement and the Terms & Conditions concerning personal information, this Agreement prevails. The French and English versions have equal force; the parties have asked that this Agreement be drawn up in both languages.
8. Signatures
To sign: print this page (it prints without the site chrome), sign both blocks, and send a scan to support@ken3a.com. A countersigned copy is returned to the owner account's email.