ELA Map Pro Data Processing Addendum

It covers charts of other people that you keep in ELA Map for your professional or business practice: clients, and anyone else whose chart you keep for that work ("Client Charts"). A Client Chart holds the person's name or the nickname you choose, their birth date, time and place, and what is computed from them.

It applies where GDPR, UK GDPR, the Swiss data protection law or a similar law applies to that processing.

It does not cover charts you keep purely for private reasons, or your own account data. Our Privacy Policy covers those.

You decide whose charts to keep, why, and whether to use them with an assistant. You are the controller of Client Charts. We handle them for you. We are your processor.

We are a controller only for our own records: your account, billing, security and abuse logs, usage records, and the consent log described in section 10. These may refer to a chart by its ID, but they are not meant to hold the person's name or birth details.

Using ELA Map is your instruction to us. This includes saving, computing, showing, exporting and deleting charts, and answering your connected assistant when a chart is set to Allowed. We follow those instructions, and the law.

We do not sell Client Charts, use them for advertising, or contact the people in them.

If the law requires us to do something else, we will tell you first unless the law forbids it. If we think an instruction breaks data protection law, we will tell you and may stop until it is resolved.

Your AI assistant is a service you chose, under your own agreement with its provider. It is not our sub-processor. When a chart is Allowed, we send your assistant the person's name and chart facts because you told us to. What you type to your assistant goes straight to its provider. Charts are added in ELA Map's own form, never in the conversation.

For every Client Chart, you promise that:

• you have a lawful basis to keep it and, before using it with an assistant, that person's express consent;
• you have told that person what the law requires, including that the chart is kept in ELA Map in the US, which assistant you use, and that its provider may process their information outside their country. You may use the notice in Annex 4;
• for a person under 18, their parent or guardian agreed, and the person also agreed where the law where they live lets them decide for themselves. You will get their own agreement when they become an adult if you keep using the chart;
• you will keep your own record of each person's agreement. We do not hold proof of it;
• you will stop using or delete a chart when the person asks you to, and act on their other legal rights;
• you will not use ELA Map, or what an assistant says about someone's chart, to make decisions about that person's employment, housing, credit, insurance, education, medical care or legal rights;
• you will choose an assistant, plan and settings suited to other people's information.

We keep the measures in Annex 2 and may improve them, but will not lower the overall level of protection. Everyone we authorize to access Client Charts must keep them confidential.

You authorize us to use the sub-processors in Annex 3. We will give you 30 days' notice by email before adding or replacing one that handles Client Charts. If you object on reasonable data protection grounds and we cannot resolve it, you may close your account or stop using the affected feature.

We remain responsible to you for our sub-processors' work.

If we become aware of a personal data breach affecting Client Charts, we will email your account address without undue delay, with what we know: what happened, which data and roughly how many charts, and what we are doing. We will add detail as we learn it. You decide whether to notify regulators and the people concerned, because you hold the relationship. We hold no contact details for them. We will not contact them unless the law requires it.

People's rights. You can view, correct, export and delete charts yourself. If you need more to answer a request, ask at support@elamap.com and we will help. If a person contacts us directly about a chart, we will direct them to you where we can identify you, and we will not answer for you unless the law requires it.

Assessments and regulators. We will give you reasonable information for your impact assessments and any regulator's questions.

You can export your data and delete any chart at any time. If a chart has reports attached, we warn you first and then erase it together with those reports, the union charts cast from it, and the sessions, notes and saved moments made on it; a paid report is not refunded. Your own default chart cannot be deleted in the app: write to support@elamap.com and we will erase it. When a chart is deleted or you close your account, we remove it from active systems within 30 days and from backups within 90 days, unless the law requires us to keep it.

We keep a small proof record for 3 years: your account ID, what was recorded and under which wording version, when, and a reference to the deleted chart, with no name or birth details. We keep it as controller, to establish or defend legal claims.

On request, once a year or after a breach affecting you, we will give you the information reasonably needed to show we meet this addendum, including vendors' certificates where they let us share them. If that is not enough, or a regulator requires it, you may audit us on 30 days' notice, during business hours, at your cost, under confidentiality.

ELA Map is run from the United States, and Client Charts are processed there. Our production database is hosted in the United States.

Where the law treats your use of ELA Map as a restricted transfer of personal data to us:

• EU and EEA: the Standard Contractual Clauses in Commission Implementing Decision (EU) 2021/914, Module Two (controller to processor), are incorporated by reference, and accepting this addendum counts as signing them. Annexes 1 to 3 supply the descriptions they ask for. Clause 9(a): general authorization, Option 2, 30 days. The optional language in Clause 11(a) is omitted.
• UK: the International Data Transfer Addendum issued by the UK Information Commissioner is incorporated by reference, with its tables completed from this addendum.
• Switzerland: the clauses above apply with the changes the Swiss regulator requires.

If these clauses conflict with the rest of this addendum or the Terms, these clauses win.

Each of us is responsible for our own part. You answer for whether you had the right to keep and use each chart, including each person's consent, what you told them, and how you use charts and your assistant. Section 19 of the Terms (Indemnification) applies to those matters. We answer for doing what this addendum says, including our security and our sub-processors' work.

Between you and us, the limits in Section 18 of the Terms apply to this addendum.

Nothing in this addendum or the Terms limits any person's own rights against either of us under data protection law, or either party's liability to them or to a regulator. If one of us pays a person more than its share of responsibility, it may recover the difference from the other.

If you are a consumer in the EU or UK, your statutory rights are not affected.

A person who thinks their chart is in ELA Map can reach us at support@elamap.com. Our Privacy Policy explains how, under "If someone saved your chart".

This addendum lasts as long as we hold Client Charts for you. It applies whether or not you use an assistant. We may change it by giving the notice the Terms require. If we change the assistant agreement or this addendum in a material way, we will also ask you to accept again.

Sections 3, 6, 7, 8, 10 and 13 continue while we hold Client Charts. We email notices to your account address; send yours to support@elamap.com. If you accept for a business, you confirm you may bind it.

If documents conflict, the order is: the transfer clauses in section 12, then this addendum, then the assistant agreement, then the Terms.

• Database encryption: the database is encrypted at rest with AES-256 by our database host.
• Connections: ELA Map is served over HTTPS.
• Access control: row-level security limits each signed-in account to its own charts, and signed-in users cannot insert charts directly. Server keys are kept on the server.
• Assistant access: OAuth sign-in with a consent screen. Every call for someone else's chart re-checks the current agreement and that chart's Allowed state, so turning it off takes effect on the next request. You can disconnect an assistant in Account settings.
• Data minimizing: for other people's charts, answers to an assistant leave out the birth date, time and place and reduce related detail. Chart facts can still narrow those details down, so treat them as that person's personal data.
• Logging: error reports strip personal fields by key name, with default collection of personal data turned off.
• Rate limits: per-account limits on assistant calls (60 a minute, 1,000 a day).
• Backups: daily snapshots kept 7 days by our database host. Database backups we keep ourselves are encrypted before they are stored, and kept for up to 30 days.
• Export and deletion: self-serve through the account, apart from the charts named in section 10.

Open Ephemeris, the service that computes charts and looks up places, is our own service, run by Spirit River Inc. It is not a sub-processor. Fly.io hosts it.

You can adapt this notice to your own situation: