Team terms (DPA)

Draft for racegenie.app. Version 1. Last updated: [DATE]. For a solicitor's review before it is relied on [SOLICITOR: review the whole document]. Not legal advice.

These terms are between Genie Dynamics Ltd, company number 17494764, registered office 128 City Road, London, EC1V 2NX ("we", "us") and the team that uses GenieCloud ("the team", "you"). The team owner accepts them for the team on the team website, before the team is created, and again when a new version is published. We record who accepted, which version and when.

The terms of use (https://cloud.racegenie.app/terms) and the privacy policy (https://cloud.racegenie.app/privacy) also apply. If they conflict with this document about the team's data, this document wins.

Part 1. Team terms

The service

GenieCloud is the team cloud behind raceGENIE (the Mac app) and myRaceGENIE (the driver app): sync between the team's Macs, backups, video copies, plans and timetables shared with drivers, timing and AI analysis. What a plan includes is shown on the team website.

The owner's responsibilities

Payment and ending

Plans, prices and payment are on the team website (Stripe). If the paid plan ends, the team's data is read-only for 90 days and then the cloud copy is deleted; if the owner deletes the team, it closes after a cooling-off period and is erased 90 days later (see Part 2, section 9). Export the team's data before deleting the team.

Liability

Our liability to the team is as set out in the terms of use [SOLICITOR: set a business-to-business cap here, for example the fees paid in the previous 12 months].

Part 2. Data processing agreement (UK GDPR Article 28)

1. Roles

For the team's data (section 3), the team is the controller and we are its processor. We process it only to provide GenieCloud to the team.

We are a controller, not a processor, for: user accounts and sign-in, myRaceGENIE driver profiles and a driver's own uploads, the iPhone app, billing, support and security records. The privacy policy covers those.

2. Subject matter and duration

The subject matter is the hosting, sync, backup, sharing and analysis of the team's data in GenieCloud. This agreement lasts as long as we hold the team's data: while the team uses GenieCloud, and after it ends until the data is deleted (section 9).

3. Nature and purpose; types of data; data subjects

NatureStoring, syncing between the team's Macs and phones, backing up, making reduced video copies, showing to the people the team allows, timing, and AI analysis the team asks for
PurposeTo run GenieCloud for the team
Types of personal dataNames and roles of drivers, crew and other people the team records; meetings, sessions, recordings and telemetry, laps, stints, fuel, line-ups and the team's checks (never a medical check), plans, timetables, notes and debriefs; video (which may show people); the team's audit log of who changed what
Special category dataNone. The team must not put any into GenieCloud
Data subjectsThe team's drivers, crew, managers and engineers, guests at its meetings, and people who appear in its video or notes

4. Our obligations

We will:

  1. Instructions. Process the team's data only on the team's documented instructions. The team's instructions are this agreement and what the team does in the service (its settings, sharing, uploads and deletions). If we are required by law to do otherwise, we will tell the team first unless the law forbids it. We will tell the team if we think an instruction breaks data protection law.
  2. Confidentiality. Make sure anyone we authorise to handle the team's data is bound to confidentiality. Our staff see a team's data only while a team owner has given support access, for a limited time; each look is logged in the team's audit log, and staff see counts and settings, never laps, notes, profiles or video.
  3. Security. Keep the measures in section 5 (or ones at least as good).
  4. Sub-processors. Use only the sub-processors in section 6, under section 6's rules.
  5. Data subjects' requests. Help the team, as far as the service allows, to answer requests from its data subjects (access, correction, deletion, objection, restriction, portability). The team export gives the team a copy of its data. If a request comes to us, we will pass it to the team without undue delay and will not answer it ourselves unless the team asks.
  6. Other help. Help the team, taking into account what we know, with security, breach notification, data protection impact assessments and prior consultation with the ICO.
  7. Breaches. Tell the team owner without undue delay after we become aware of a personal data breach affecting the team's data, with what we know then (what happened, the data and people affected, likely consequences, what we are doing), and more as we learn it.
  8. Deletion and return. At the end, delete or return the team's data as in section 9.
  9. Information and audits. Make available the information needed to show we meet Article 28, and allow and contribute to audits by the team or an auditor it appoints, on reasonable notice, at reasonable times, under confidentiality, no more than once a year unless there has been a breach or the ICO requires it [SOLICITOR: check audit terms]. We may answer first with documents (this agreement, our security summary, our sub-processor list).

5. Security measures

What is built today:

6. Sub-processors

The team gives general authorisation for us to use these sub-processors:

Sub-processor [CONFIRM each contracting entity]What forWhere
Amazon Web Services EMEA SARLHosting, database, storage, email sending (SES), AI analysis (Bedrock, in London)London (eu-west-2)
Clerk, Inc.Sign-in, team membership and invitationsUnited States
Stripe Payments Europe, Ltd.Billing (the owner's billing details only)United States and elsewhere [CONFIRM]
650 Industries, Inc. (Expo)Delivering push notifications to the iPhone appUnited States
Backblaze, Inc. (B2), only if we switch it onVideo storage[CONFIRM] (not used today; notice under "Changes" first)

We have a written contract with each that gives at least the protection of this agreement. Transfers to the United States rely on [CONFIRM WITH EACH: the UK-US data bridge, or the international data transfer agreement or UK addendum].

Changes. We will tell the team owner at least [NOTICE PERIOD: 30] days before we add or replace a sub-processor (by email and on the team website). The team may object on reasonable data protection grounds within that time. We will then try to resolve it; if we cannot, the team may end the paid plan and receive a pro-rata refund of any prepaid fees [SOLICITOR: check]. We remain responsible to the team for our sub-processors.

7. International transfers

We do not move the team's data out of the UK except to the sub-processors above, under the safeguards named there.

8. The team's obligations

The team's instructions must be lawful. The team is responsible for having a lawful basis for the personal data it puts into GenieCloud, for telling its data subjects, and for answering their requests.

9. At the end: deletion and return

10. Changes to this agreement

We will publish a new version and tell the team owner before it takes effect. The team owner is asked to accept the new version on the team website.

11. Law

English law applies. The courts of England and Wales have jurisdiction [SOLICITOR: check].