Data Processing Terms (template)

TEMPLATE FOR COUNSEL: not an agreement and not for signature. It is a skeleton of the data-processing terms a carrier customer might sign with Carrier Nexus. Every [bracket] is for the company's attorney or owner to decide. Nothing here is a statement that Carrier Nexus meets the requirements of any particular law.

1. Parties and roles

Customer: [carrier legal name, address, USDOT] (the "Customer"). Provider: [OPERATOR: Transcend Tools (Texas), which operates Carrier Nexus: owner to confirm the exact legal name, entity type and mailing address] ("Carrier Nexus"). For personal information about the Customer's drivers, staff and contacts that the Customer enters, Carrier Nexus processes it on the Customer's behalf [COUNSEL: "processor" / "service provider" wording]. For account, billing, security and feedback data about Customer's users, Carrier Nexus decides the purpose [COUNSEL].

2. What is processed

• Subject matter and purpose: providing the Carrier Nexus service under the Terms of Service.
• Duration: while the Customer has an account, plus the retention in section 9.
• People: the Customer's drivers, applicants, dispatchers, staff, owner-operators, and contacts at brokers, shippers, shops and inspectors.
• Types of information: as listed in the Privacy Notice, including (where the Customer enters it) Social Security numbers, licence and medical information, drug-and-alcohol and screening records, location, pay and messages. [COUNSEL: sensitive-information and consumer-report handling terms.]

3. Instructions

Carrier Nexus processes the information only as the Customer instructs through the service and the Terms, and to run, secure and support the service, unless the law requires otherwise. [COUNSEL]

4. Confidentiality

People at Carrier Nexus who can access the information are bound to keep it confidential. [COUNSEL: confirm that is true and that written commitments exist before keeping this sentence.]

5. Security

Carrier Nexus applies the measures described on the security page. It does not claim any certification. [COUNSEL: whether an annex of measures is needed.]

6. Subprocessors

The Customer agrees to the providers on the subprocessors page and to changes after [__ days] notice, with a right to object [COUNSEL]. Carrier Nexus remains responsible for them as [COUNSEL].

7. Help with requests and assessments

Carrier Nexus will pass on requests from individuals about Customer data and, taking into account the nature of the service, help the Customer respond, [COUNSEL: scope, fees, response time]. Carrier Nexus has no automated request system today.

8. Security incidents

Carrier Nexus will tell the Customer without undue delay, and within [__ hours/days], after it confirms a breach affecting the Customer's information, with what it knows. The Customer decides on notice to individuals and regulators unless the law makes Carrier Nexus responsible. [COUNSEL: the Florida 501.171 and other-state timelines, and who notifies whom.]

9. Return and deletion

On ending, the Customer may export its records for [__ days]. After that Carrier Nexus will delete or de-identify the Customer's information within [__ days], except records that the software keeps by design and cannot erase (location history, signatures, consents, audit logs) or that the law requires to be kept. [OWNER/COUNSEL: Carrier Nexus has no automatic deletion today; this clause needs a real procedure before it can be signed.]

10. Information and audits

[COUNSEL: what information Carrier Nexus gives to show it follows this document; audit rights, frequency, cost.]

11. Where information is processed

United States. [COUNSEL: transfers from outside the US, if any customers need them.]

12. Liability and order of documents

[COUNSEL: relation to the limits in the Terms; what controls if documents conflict; term and termination.]