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Consentio Data Processing Agreement (DPA)

Last updated: 2026-07-17 Version: 1 (draft)

This Data Processing Agreement ("DPA") forms part of the agreement between Filova Ltd, a company registered in England and Wales, company number 17263134, registered office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, email privacy@filova.io, phone +44 20 3967 8386 ("Processor", "Filova", trading as "Consentio"), and the customer identified in the applicable order or account ("Controller"), governing the Processor's processing of personal data on the Controller's behalf in the course of providing the Consentio service.

Governing law: England and Wales.

1. Definitions

"GDPR" means Regulation (EU) 2016/679 and, as applicable, the UK GDPR as defined in the Data Protection Act 2018. "Personal Data", "Processing", "Controller", "Processor", "Data Subject", and "Sub-processor" have the meanings given in the GDPR. "KVKK" means the Turkish Personal Data Protection Law No. 6698 and its implementing regulations, where applicable to the Controller's own data subjects. Where KVKK applies, the Controller is the "veri sorumlusu" (data controller) and the Processor is the "veri işleyen" (data processor) with respect to the same categories of Personal Data described in this DPA — the GDPR/KVKK terminology differs, but the controller/processor role split described throughout this DPA is the same under both regimes.

2. Subject matter, duration, and purpose

The Processor processes Personal Data on the Controller's behalf solely to provide the Consentio consent-management service: recording consent choices made by visitors to the Controller's website(s), and (where the Controller has enabled it) scanning the Controller's website(s) for cookies and scripts to help the Controller categorize them. This DPA continues for as long as the Processor processes Personal Data on the Controller's behalf under the parties' agreement.

3. Categories of data subjects and Personal Data

  • Data subjects: visitors to the Controller's website(s).
  • Categories of Personal Data: a pseudonymous, client-generated identifier (anon_id); the consent choice and categories accepted/ rejected; timestamp; detected region/legal regime; a country code derived from IP address (the raw IP address is not stored in Personal Data records processed under this DPA — infrastructure providers listed in Annex 1 may still transiently process IP addresses in their own server/request logs under their own retention policies); a hash of the browser's user-agent string; a Global Privacy Control signal if present. The Processor does not process the data subject's name, email address, or other directly identifying information as part of this service, nor any special category / sensitive Personal Data.

4. Processor obligations

The Processor shall:

  1. Process Personal Data only on the Controller's documented instructions — including with regard to international transfers — unless required to do otherwise by law applicable to the Processor, in which case the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such notice.
  2. Ensure confidentiality — personnel authorized to process the Personal Data are subject to a duty of confidentiality.
  3. Implement appropriate technical and organizational security measures under GDPR Article 32, including at minimum: row-level security policies restricting database access by Organization; database-level append-only enforcement on consent records (triggers rejecting UPDATE, DELETE, and TRUNCATE, independent of application-layer code) — restoring from a backup cannot be used to introduce tampered or altered consent-record content, since every backup only contains data that was itself written under the same append-only enforcement (a point-in-time restore could still omit genuine records written after that snapshot, which is a distinct availability consideration, not a tampering risk); each consent record carries an HMAC-SHA256 integrity signature (proof_hash, with a small number of pre-migration records carrying an unsigned SHA-256 hash instead, tracked via the proof_scheme column); rate limiting on the public consent-ingest endpoint, keyed by both site and client IP; SSRF-hardening on the cookie-scanning crawler (no following of redirects into, or DNS resolution to, private/internal network ranges); and encryption at rest and in transit via our infrastructure providers' platform-level controls (Supabase, Vercel).
  4. Engage Sub-processors only with the Controller's general authorization as set out in Annex 1, and inform the Controller of any intended addition or replacement of a Sub-processor, giving the Controller the opportunity to object on reasonable data-protection grounds.
  5. Assist the Controller, insofar as reasonably possible, in responding to requests from data subjects to exercise their rights, and in the Controller's compliance with its obligations regarding security, breach notification, data protection impact assessments, and consultation with supervisory authorities, taking into account the nature of processing and the information available to the Processor.
  6. Notify the Controller without undue delay, and on a commercially reasonable best-efforts basis within 48 hours, after becoming aware of a Personal Data breach affecting the Controller's data — deliberately shorter than the Controller's own 72-hour regulatory notification deadline under GDPR Article 33(1), so the Controller has time to assess and notify. This target reflects our current breach-response process, which is not yet formalized into a separately documented incident- response plan (see Annex 2).
  7. At the Controller's choice, delete or return all Personal Data to the Controller after the end of the provision of services, and delete existing copies unless applicable law requires storage. This does not apply to consent records (consent_records), which are retained for as long as reasonably necessary to demonstrate historical consent decisions and to comply with applicable legal obligations, rather than being deleted at the end of the parties' agreement or on any fixed schedule; they are enforced append-only and immutable at the database level by design (see item 3 above) due to the integrity requirements of consent evidence. See privacy-policy.md §4 and kvkk-aydinlatma-metni.md §6 for the same exception. Deletion or return requests for other Personal Data are currently fulfilled manually within 30 days of the request (see privacy-policy.md §4); automated self-service deletion tooling is a planned future improvement, not yet built.
  8. Make available to the Controller all information necessary to demonstrate compliance with this Article and allow for, and contribute to, audits, including inspections, conducted by the Controller or another auditor mandated by the Controller, subject to: at least 30 days' prior written notice; no more than once per 12-month period (except where required following a Personal Data breach or by a supervisory authority); confidentiality; and the audit not unreasonably interfering with the Processor's normal business operations.

5. Controller obligations

The Controller warrants that it has a lawful basis under applicable law (GDPR, KVKK, CCPA, or other) for the collection and processing of Personal Data via the Consentio service, and that its instructions to the Processor comply with applicable law. In particular, the Controller is responsible for: providing lawful notice to its own website visitors (e.g. its own cookie/privacy notice); obtaining any consent required beyond what the Consentio banner itself records; correctly configuring the banner and cookie/script categorization for its own site; responding to data-subject access requests concerning its own visitors as the controller of that relationship (with the Processor's assistance per Section 4.5); and determining the appropriate retention period for its own account and configuration data, subject to Section 4.7.

6. Sub-processors

See Annex 1. The Controller authorizes the engagement of the listed Sub-processors generally, subject to the notice-of-change right in Section 4.4.

7. International transfers

Personal Data is transferred outside the UK/EEA in the course of providing the Service. Such transfers are protected by the following mechanisms, per Sub-processor:

  • Supabase (database and authentication, eu-central-1): Supabase's own disclosed Sub-processors (its cloud infrastructure and support providers) are located in the United States and Singapore. Supabase's Data Processing Agreement pre-attaches the EU Standard Contractual Clauses (Module Two, controller-to-processor), the UK International Data Transfer Addendum, and a Swiss Addendum; executing that agreement is deemed to constitute signature of all three. Separately, remote access to Supabase's EU-hosted data by the Processor's own UK-based personnel is itself treated as a transfer under EDPB guidance (Recommendations 01/2020) and is covered by the same mechanisms.
  • Vercel (application hosting): Vercel's Functions process in the United States by default (an EU region is not currently configured for this deployment). Vercel's Data Processing Agreement pre-attaches the EEA Standard Contractual Clauses (all three modules) and the UK International Data Transfer Addendum, deemed executed automatically upon entering into the agreement with Vercel.
  • Railway (background worker hosting; planned, not yet deployed): Railway's Data Processing Agreement incorporates the EU Standard Contractual Clauses and UK Standard Contractual Clauses by reference, but only becomes legally binding once affirmatively executed — see legal/README.md for the operational status of this signature.
  • Payment processor (provider not yet finalized — under evaluation, including both traditional processors and Merchant-of-Record providers): the applicable transfer mechanism and the Processor's role will be confirmed once a provider is selected; see Annex 1.

Where the Controller's own data subjects are protected under KVKK, see the separate kvkk-aydinlatma-metni.md for the KVKK-specific transfer basis relied upon for these same Sub-processors. As transfer volumes grow beyond our current pre-launch scale, we intend to conduct and document a formal Transfer Impact Assessment (and, for UK transfers, a Transfer Risk Assessment) consistent with post-Schrems II guidance — this is a planned improvement, not yet completed as of this draft.

8. Liability

Each party's total liability arising out of or in connection with this DPA, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Controller to the Processor under the parties' agreement in the 12 months preceding the event giving rise to the claim, except where such limitation is not permitted by applicable law (including for death, personal injury, fraud, or breaches of confidentiality or data protection obligations that cannot be limited by law).

9. Governing law and jurisdiction

This DPA and any dispute arising out of or in connection with it is governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction, without prejudice to any mandatory local data protection law obligations the Controller may separately owe to its own data subjects (e.g. under KVKK, where the Controller is itself subject to Turkish law).

Annex 1: Sub-processors

Sub-processor Purpose Location Status
Supabase Database (Postgres) and authentication hosting EU (eu-central-1); Supabase's own Sub-processors (infrastructure, support) in the United States and Singapore Live
Vercel Application hosting United States (default function region; an EU region is not currently configured) Live
Railway Background worker hosting Region selectable at deployment (Railway offers an EU West / Amsterdam option), though Railway's own account/billing processing is US-based regardless of the selected workload region Planned — not yet deployed
Payment processor (provider not yet finalized) Payment processing for paid plans Not yet integrated — under evaluation (candidates include traditional processors and Merchant-of-Record providers) Planned — not yet integrated

Annex 2: Technical and organizational security measures

  • Access control: row-level security policies restrict database access by Organization.
  • Data integrity: consent_records are enforced append-only and immutable at the database level (triggers reject UPDATE, DELETE, and TRUNCATE, independent of application code). Records written since our HMAC-signing migration carry an HMAC-SHA256 integrity signature (proof_hash) that lets tampering by a party without the signing key be detected; a small number of earlier records predate that migration and carry an unsigned SHA-256 hash instead (tracked via the proof_scheme column) — see item 3 of Section 4 above.
  • Encryption: data is encrypted at rest and in transit via our infrastructure providers' platform-level controls (Supabase, Vercel).
  • Network hardening: the cookie-scanning crawler is hardened against server-side request forgery (SSRF) — it will not follow redirects into, or resolve DNS to, private/internal network ranges.
  • Abuse prevention: rate limiting is applied per site and per client IP to the public consent-ingest endpoint.
  • Data minimization: raw IP addresses and raw user-agent strings are not stored in consent records — only a derived country code and a hash, respectively; no special category / sensitive Personal Data is intentionally collected.

This list reflects our actual current implementation, not an aspirational target — see supabase/migrations/006_consent_immutability.sql and supabase/migrations/009_consent_proof_scheme.sql for the underlying database enforcement. It does not yet include a formally documented incident-response plan, backup/disaster-recovery policy, or vulnerability management program beyond our infrastructure providers' own — these are tracked as future improvements, not asserted as already in place.

Note on sourcing

Section 7 (International transfers) and Annex 1 (Sub-processors) were prepared based on official regulatory sources (European Commission, EDPB, UK ICO, KVKK Kurumu) and the relevant vendors' own published data processing terms, current as of the "Last updated" date above. This is not a substitute for legal advice — see legal/README.md for this document's overall review status.


Signature blocks — [TBD, for final version]

For and on behalf of Filova Ltd: ___________________________ Date: _______

For and on behalf of the Controller: ___________________________ Date: _______

Consentio

Filova Ltd · Şirket No: 17263134

71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom

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