Data processing agreement
This Data Processing Agreement (this “DPA”) reflects the parties’ agreement with respect to the terms governing the processing of personal data under the Terms of Service (the “Terms of Service”) of DM Digital S.r.l., a company incorporated and existing under the laws of Italy with VAT IT03895390361 (“Lucen Software,” “Lucen,” “we,” “us,” and “our”). This DPA is an amendment to the Terms of Service and is effective upon its incorporation into the Terms of Service, which incorporation may be specified in the Terms of Service, an order or an executed amendment to the Terms of Service. Upon its incorporation into the Terms of Service, the DPA will form a part of the Terms of Service.
Definitions
“Controller” or “you” means the client bound by the Terms of Service of Lucen as Lucen Track owners or users.
“Data Protection Law” means all national and European regulation relating to data protection and privacy, based on Italian legislation and GDPR. The terms “process”, “processes” and “processed” will be construed accordingly.
“Data Subject” means the individual that any Personal Data refers or relates to, including, but not limited to Controller’s employees, contractors, collaborators and other individuals from whom Controller may collect Personal Data using Lucen Track and individuals attempting to communicate with or transfer Personal Data to the Controller’s end users.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data.
“Instruction” means the written, documented instruction, issued by Controller to Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to the, depersonalizing, blocking, deletion, or making available such data).
“Lucen Track” means the software platform and application owned and provided by Lucen known as Lucen Track.
“parties” means Controller and Processor.
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Controller’s data and is protected similarly as personal data or personally identifiable information under the applicable Data Protection Law, including, but not limited to, contact information, the extent of which is determined and controlled by the Controller in their sole discretion, and other personal data, such as navigational data (including website usage information), email data, system usage data, application integration data, and other electronic data submitted, stored, sent, or received by end users via Lucen Track.
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
“Process” or “Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting or erasing of Personal Data.
“Processor” “Lucen Software” or “Lucen” means the company that will process Personal Data on behalf of Controller, DM Digital S.r.l., a company incorporated and existing under the laws of Italy.
Lucen’s Contact Information is:
Lucen Software
1916 Pike Place, Suite 12 #1325, Seattle, WA 98101, United States (Headquarters)
Mailing address: Viale Autodromo, 206-210, 41126, Modena – Italia
E-mail: track-feedback@lucensoftware.com
Details of Processing
- Categories of Data Subjects. Controller’s employees, contractors, collaborators and other individuals from whom Controller may collect Personal Data while using Lucen’s Service. Data Subjects also include individuals attempting to communicate with or transfer Personal Data to the Controller’s end users.
- Types of Personal Data. Contact information, the extent of which is determined and controlled by the Controller in its sole discretion, and other Personal Data such as navigational data (including website usage information), email data, system usage data, application integration data, and other electronic data submitted, stored, sent, or received by end users via the Service.
- Subject-Matter and Nature of the Processing. Pursuant to this DPA, the Processor will Process the Personal Data Controller may have or handle in Lucen Track. Personal Data will be subject to those Processing activities as may be specified in the Terms of Service.
- Purpose of the Processing. Personal Data will be Processed to provide the services set out above and otherwise agreed to in the Terms of Service.
- Duration of the Processing. Personal Data will be Processed for the duration of the Terms of Service.
Controller Responsibility
Pursuant to the scope of the Terms of Service and in its use of the services, Controller shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure and transfer of Personal Data to the Processor and the Processing of Personal Data. For the avoidance of doubt, Controller’s instructions for the Processing of Personal Data shall comply with the Data Protection Law. This DPA is Controller’s complete and final Instruction to Lucen in relation to any and all Personal Data. Any additional provisions outside the scope of this DPA will require a prior written agreement between the parties. Instructions shall initially be specified in the Terms of Service and may, from time to time thereafter, be amended, amplified or replaced by Controller in separate written instructions (as individual instructions).
Controller shall inform Processor without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data.
Obligations of Processor
1. Compliance with Instructions. You acknowledge and agree that you are the Controller of Personal Data and Lucen is the Processor of that data. Processor shall collect, process and use Personal Data only within the scope of Controller’s Instructions. If the Processor believes that an Instruction of the Controller infringes the Data Protection Law, it shall immediately inform the Controller without delay and cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Controller issues new instructions with which Processor is able to comply. Processor will not be liable to the Controller under the Agreement for any failure to perform the applicable services until such time as the Controller issues new instructions regarding Processing.
2. Security. Processor shall take the appropriate technical and organizational measures to adequately protect Personal Data against unauthorized, accidental or unlawful destruction, loss, alteration, disclosure of, or access to Personal Data, described under Exabit 1 hereto.
Such measures include, but are not limited to:
- preventing unauthorized persons from gaining access to Personal Data Processing systems (physical access control),
- preventing Personal Data Processing systems from being used without authorization (logical access control),
- ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to access in accordance with their access rights, and that, in the course of Processing, use or storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control),
- ensuring that Personal Data cannot be read, copied, modified or deleted without authorization during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified (data transfer control),
- ensuring the establishment of an audit trail to document whether and by whom Personal Data has been entered into or modified in Personal Data Processing systems (entry control),ensuring that Personal Data is Processed solely in accordance with the instructions of Controller (control of instructions),
- ensuring that Personal Data is protected against accidental destruction or loss (availability control).
3. Processor will facilitate Controller’s compliance with Controller’s obligation to implement security measures with respect to Personal Data (including if applicable Controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR), by (i) implementing and maintaining the security measures described under Exhibit 1 hereto, (ii) complying with the terms of the Section “Personal Data Breaches” hereto (Point 5); and (iii) providing the Controller with information in relation to the Processing in accordance with the Section “Possible control activities” hereto (Point 9).
4. Processor shall ensure that the staff involved in processing Personal Data on its behalf have been correctly instructed, received a regular assignment letter for the processing of Personal Data under Data Protection Law and received adequate awareness training pursuant to 29 of GDPR. Processor shall ensure that any personnel authorized to process Personal Data on its behalf is subject to confidentiality obligations with respect to such Personal Data.
5. Personal Data Breaches. Processor will notify the Controller of a Personal Data Breach affecting any Personal Data as described under Article 34 of the GDPR. At the Controller’s request, Processor will promptly provide the Controller with all reasonable assistance necessary to enable the Controller to notify the competent authorities and/or affected Data Subjects of Personal Data Breaches, if Controller is required to do so under the Data Protection Law.
6. Data Subject Requests. Processor will provide reasonable assistance, including by appropriate technical and organizational measures and taking into account the nature of the Processing, to enable Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to Personal Data (including access, rectification, restriction, deletion or portability of Personal Data, as applicable), to the extent permitted by the law. If such request is made directly to Processor, Processor will promptly inform Controller and will advise Data Subjects to submit their request to the Controller. Controller shall be solely responsible for responding to any Data Subjects’ requests. Controller shall reimburse Processor for the costs arising from this assistance.
7. Sub-Processors. Processor shall be entitled to engage sub-Processors to fulfil Processor’s obligations defined in the Terms of Service only with Controller’s consent. For these purposes, Controller consents to the engagement as sub-Processors of Processor’s affiliated companies and the third parties listed in Exhibit 2 hereto. For the avoidance of doubt, the above authorization constitutes Controller’s prior written consent to the sub-Processing by Processor.
If the Processor intends to instruct sub-Processors other than the companies listed in Exhibit 2 hereto, the Processor will notify the Controller thereof in writing (email to the email address(es) on record in Processor’s account information for Controller being sufficient) and will give Controller the opportunity to object to the engagement of the new sub-Processors within 30 days after being notified. The objection must be based on reasonable grounds (e.g. if Controller proves that significant risks for the protection of its Personal Data exist at the sub-Processor). If the Processor and Controller are unable to resolve such objection, either party may terminate the Terms of Service by providing written notice to the other party, with any subsequent consequence as for payment obligations and workspace termination set forth in the Terms of Service. Where a sub-Processor is engaged, the Controller must be granted the right to monitor and inspect the sub-Processor’s activities in accordance with this DPA and the Data Protection Law, including to obtain information from the Processor, upon written request, on the substance of the contract and the implementation of the data protection obligations under the sub-Processing contract, where necessary by inspecting the relevant contract documents.
The provisions of this Section 7 shall mutually apply if Processor engages a sub-Processor in a country outside the European Economic Area (“EEA”) not recognized by the European Commission as providing an adequate level of protection for personal data. If, in the performance of this DPA, Lucen transfers any Personal Data to a sub-processor located outside of the EEA, Lucen shall, in advance of any such transfer, ensure that a legal mechanism to achieve adequate Processing is in place.
8. Deletion or Retrieval of Personal Data. According to Section 5 “Cancellation and Termination” of the Terms of Service, in the case of termination or expiration of the Terms of Service, Controller will give advance notice to Processor that Personal Data and other data will be deleted and that Processor will be given the chance to download it.
Following termination or expiration of the Terms of Service, Processor will immediately delete all Personal Data (including copies thereof) processed pursuant to this DPA, except its storage in full or part be requested by other applicable legislation. If Processor is unable to delete Personal Data for technical or other reasons, Processor will apply measures to ensure that Personal Data is blocked from any further Processing.
9. Possible Control Activities. Controller may, prior to the commencement of Processing, audit the technical and organizational measures taken by Processor.
Secondly, for such purpose, Controller may obtain information from the Processor.
Processor shall, upon Controller’s written request and within a reasonable period of time, provide Controller with all request information, to the extent that such information is within Processor’s control and Processor is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.
General Provisions
In case of any conflict, this DPA shall take precedence over the Terms of Service. Where individual provisions of this DPA are invalid or unenforceable, the validity and enforceability of the other provisions of this DPA shall not be affected.
Effective 25 May 2018, Lucen will process Personal Data in accordance with the GDPR requirements contained herein which are directly applicable to Lucen’s provision of the services hereunder.
Parties to this DPA
This DPA is an amendment to and forms part of the Terms of Service. Upon the incorporation of this DPA into the Terms of Service, Controller and Lucen are each a party to this DPA.
The legal entity agreeing to this DPA as Controller represents that it is authorized to agree to and enter into this DPA.
Last update: May 5, 2026
EXHIBIT 1
Description of the technical and organizational security measures.
Lucen currently observes the security practices described as follows. Lucen may modify or update these practices at its discretion provided that such modification and update does not result in a material degradation in the protection offered by these practices. All capitalized terms not otherwise defined herein shall have the meanings as set forth in the Terms of Service.
1. Access Control
- Preventing Unauthorized Product Access
Outsourced processing: Lucen hosts Lucen Track with outsourced cloud infrastructure providers. Additionally, Lucen maintains contractual relationships with vendors in order to provide Lucen Track in accordance with our Data Processing Agreement. Lucen relies on contractual agreements, privacy policies, and vendor compliance programs in order to protect data processed or stored by these vendors.
Physical and environmental security: Lucen hosts its product infrastructure with multi-tenant, outsourced infrastructure providers. The physical and environmental security controls are audited for SOC 2 Type II and ISO 27001 compliance, among other certifications.
Authentication: Lucen implemented a uniform password policy for its Software and Services. Customers who interact with the Software or Services must authenticate before accessing non-public data.
Authorization: Customer data is stored in multi-tenant storage systems accessible to customers via only application user interfaces and application programming interfaces. Customers are not allowed direct access to the underlying application infrastructure. The authorization model in each of Lucen’s products is designed to ensure that only the appropriately assigned individuals can access relevant features, views, and customization options. Authorization to data sets is performed through validating the user’s permissions against the attributes associated with each data set.
Application Programming Interface (“API”) access: Public product APIs may be accessed using an API key or through OAuth 2.0 authorization. - Preventing Unauthorized Product Use
Lucen implements industry standard access controls and detection capabilities for the internal networks that support its Software and Services. Security reviews of code stored in Lucen’s source code repositories is performed, checking for coding best practices and identifiable software flaws. - Limitations of Privilege & Authorization Requirements
Product access: A subset of Lucen’s employees have access to the Software and the Services and to Personal Data via controlled interfaces, based on a business need to know. The intent of providing access to a subset of employees is to provide effective customer support, troubleshoot potential problems, detect and respond to security incidents and implement data security. Access is enabled through “just in time” requests for access, all of which such requests are logged. Employees are granted access according to role.
Code of conduct: All employees are required to conduct themselves in a manner consistent with Lucen’s company guidelines, non-disclosure requirements, and ethical standards.
2. Transmission Control
In-transit: Lucen makes HTTPS encryption (also referred to as SSL or TLS) mandatory on every one of its login interfaces. Lucen’s HTTPS implementation uses industry standard algorithms and certificates.
At-rest: Lucen stores user passwords following policies that follow industry standard practices for security. With effect 25 May 2018, Lucen has implemented technologies to ensure that stored password data is always encrypted.
3. Input Control
Detection: Lucen designed its infrastructure to log extensive information about the system behavior, traffic received, system authentication, and other application requests. Internal systems aggregated log data and alert appropriate employees of malicious, unintended, or anomalous activities. Lucen personnel, including security, operations, and support personnel, are responsive to known incidents.
Response and tracking: Lucen maintains a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected and confirmed security incidents are investigated by security, operations, or support personnel; and appropriate resolution steps are identified and documented. For any confirmed incidents, Lucen will take appropriate steps to minimize damage or unauthorized disclosure.
Communication: If Lucen becomes aware of unlawful access to data stored within its products, Lucen will notify those affected promptly per the GDPR requirements described in Article 34.
EXHIBIT 2
List of Sub-Processors
Last update: May 5, 2026