Draft — not yet reviewed by a lawyer. Do not rely on this text until this notice is gone.

Data processing agreement

Last changed: 2026-10-13. Words in [square brackets] are still to be filled in.

This agreement ("DPA") forms part of the terms of service between you ("Customer") and [Plainsend's legal entity and ABN] ("Plainsend"). It applies when Plainsend processes personal information about the Customer's contacts ("Customer Personal Data").

1. Roles

The Customer is the controller (or, under Australian law, the entity that collected the information). Plainsend is the processor: it processes Customer Personal Data only to provide the service and only on the Customer's documented instructions. The terms, the Customer's configuration (sources, journeys, sends) and its API calls are those instructions.

2. What is processed

WhoThe Customer's contacts, leads and customers, and its staff who use Plainsend
WhatContact details (email, phone, name), properties the Customer chooses to send, events, consent records, message and engagement history (deliveries, opens, clicks, bounces, complaints)
WhyStoring contacts and consent, rendering and sending messages, running journeys, reports
How longFor the term of the agreement, then as in section 8
Sensitive informationNot intended. The Customer should not send health, financial account or other sensitive information unless agreed in writing

3. Plainsend's obligations

Plainsend will:

4. Sub-processors

The Customer authorises the sub-processors listed on the security page. Plainsend will give at least [30] days' notice before adding or replacing one, and the Customer may object on reasonable grounds; if we can't resolve the objection, the Customer may end the affected service and get a refund of prepaid fees for it. Plainsend stays responsible for its sub-processors.

5. Security measures

6. Where data goes

Customer Personal Data is stored in Australia. Some sub-processors may access it from other countries (see the list). Where the GDPR or UK GDPR applies, transfers are covered by [the EU Standard Contractual Clauses / UK addendum, to be attached].

7. Audits

Plainsend will give the Customer the information reasonably needed to show it meets this DPA. Plainsend does not yet have a SOC 2 report or independent penetration test; when it does, it will share them on request under confidentiality. [On-site audit rights to be agreed for enterprise contracts.]

8. End of the agreement

When the agreement ends, the Customer can export its data for [30] days. Plainsend then deletes Customer Personal Data, except suppression records the Customer asks it to keep and anything the law requires it to retain.

9. Order of precedence

If this DPA and the terms conflict about personal information, this DPA wins.