Data Processing Agreement

Data Processing Agreement

GDPR Article 28 Compliant | Effective: February 15, 2026

This Data Processing Agreement ("DPA") forms part of the agreement between ParticleSearch ("Processor") and the Shopify merchant who installs and uses the ParticleSearch application ("Controller"). It governs the processing of personal data by ParticleSearch on behalf of the Controller, in accordance with Article 28 of the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable data protection laws. This DPA is incorporated by reference into the ParticleSearch Terms of Service. By installing ParticleSearch, the Controller agrees to the terms of this DPA.

01. Definitions

In this DPA, the following terms have the meanings set out below. Capitalised terms not defined here have the meanings given in the GDPR.

Controller

The Shopify merchant who determines the purposes and means of processing personal data, i.e., you, the store owner.

Processor

ParticleSearch, which processes personal data on behalf of the Controller.

Personal Data

Any information relating to an identified or identifiable natural person, as defined in Article 4(1) GDPR.

Processing

Any operation performed on personal data, including collection, storage, retrieval, use, disclosure, or deletion.

Sub-Processor

Any third party engaged by the Processor to process personal data on the Controller's behalf.

Data Subject

The natural person to whom personal data relates.

Supervisory Authority

The competent data protection authority in the relevant jurisdiction.

02. Roles and Responsibilities

2.1 Controller

The Controller (the Shopify merchant) is responsible for:

  • Determining the lawful basis for processing personal data in connection with their Shopify store
  • Ensuring that any personal data provided to ParticleSearch for processing is done lawfully
  • Handling data subject requests from their customers (shoppers) relating to personal data
  • Ensuring their own compliance with applicable data protection laws

2.2 Processor

ParticleSearch acts as a Processor when it processes data on the Controller's behalf. ParticleSearch is responsible for:

  • Processing personal data in accordance with the Controller's documented instructions
  • Maintaining appropriate technical and organisational security measures
  • Providing reasonable assistance to the Controller in fulfilling its GDPR obligations
  • Notifying the Controller of personal data breaches as required by applicable law

Important clarification: ParticleSearch indexes product catalog data (product titles, prices, SKUs, images, variants, metafields). This data is generally not personal data. However, to the extent that any merchant-provided data contains personal data (for example, a product description referencing an individual), this DPA governs its processing.

ParticleSearch does NOT process personal data belonging to end customers (shoppers). Search queries entered by shoppers are processed in real-time to return search results and are aggregated at the store level for analytics.

03. Details of Processing

The following table sets out the details of processing carried out by ParticleSearch on behalf of the Controller.

Category Details
Subject matter Search indexing and retrieval services for Shopify product catalogs
Duration For the duration of the Controller's active ParticleSearch subscription, plus up to 30 days post-termination for deletion of product catalog data. Aggregated, anonymized search analytics may be retained indefinitely.
Nature of processing Collection, storage, indexing, retrieval, and deletion of product catalog data to power search functionality
Purpose of processing To provide the ParticleSearch search service: syncing the Controller's Shopify product catalog and serving search results to the Controller's store customers
Types of data processed Product titles, descriptions, prices, inventory levels, variant data (sizes, colours, SKUs), product images (URLs), metafield data, product tags, collection membership, and other product-related data as retrieved from the Shopify API or derived through ParticleSearch's data processing pipeline
Categories of data subjects No personal data relating to end customers (shoppers) is processed. To the extent product catalog data contains personal data, it relates to the Controller's own product information only
Special category data None. ParticleSearch does not process special category data as defined in Article 9 GDPR

04. Processing Instructions

ParticleSearch processes personal data in accordance with the Controller's documented instructions, which include:

  • Syncing the Controller's Shopify product catalog to the ParticleSearch search index
  • Updating the search index in real-time when product data changes in the Controller's Shopify store
  • Serving search results to customers visiting the Controller's store
  • Deleting the Controller's data upon termination of the service

If ParticleSearch is required by applicable law to process personal data outside these instructions, ParticleSearch will inform the Controller when legally permitted to do so.

05. Confidentiality

ParticleSearch ensures that personnel authorized to process personal data are bound by confidentiality obligations. Access to personal data is limited to personnel who need it to perform the services. This obligation of confidentiality survives termination of this DPA and the underlying service agreement.

06. Security

6.1 Technical and Organisational Measures

ParticleSearch implements appropriate technical and organisational security measures, including:

  • Encryption of data in transit using TLS 1.3
  • Encryption of OAuth access tokens at rest
  • Access controls limiting data access to authorised personnel
  • Security monitoring and vulnerability management
  • Anti-abuse rate limiting
  • Infrastructure hosted on reputable cloud providers

6.2 Security Updates

ParticleSearch makes reasonable efforts to review and update security measures as technology and risks evolve.

07. Sub-Processors

ParticleSearch engages third-party sub-processors to provide the Service. A current list of sub-processors is maintained at particlesearch.com/subprocessors, including:

  • Typesense: Search indexing engine
  • Database and hosting providers
  • Payment processing (via Shopify billing system)

ParticleSearch will make reasonable efforts to notify Controllers before engaging new sub-processors that process product catalog data. ParticleSearch may engage new sub-processors immediately when required for service operation, security, or to prevent service disruption.

Controllers may object to new sub-processors by contacting support@particlesearch.com within 14 days of notification. If the objection cannot be resolved, the Controller may terminate without penalty.

ParticleSearch selects sub-processors that maintain appropriate security and data protection standards. ParticleSearch's liability for sub-processor actions is subject to the limitations set out in Section 14 of this DPA and the Terms of Service.

8. Assistance with Data Subject Rights

ParticleSearch will provide reasonable assistance to help Controllers respond to data subject requests, including rights to access, rectification, erasure, restriction, portability, and objection. In practice, ParticleSearch processes product catalog data, which is generally not personal data relating to individual shoppers. If ParticleSearch receives a data subject request relating to data processed on behalf of the Controller, it will promptly forward the request to the Controller. ParticleSearch will not respond directly to data subject requests without the Controller's authorization, except where required by law.

9. Personal Data Breaches

In the event of a personal data breach affecting data processed under this DPA, ParticleSearch will notify the Controller without undue delay after becoming aware of the breach, provide sufficient information to enable the Controller to assess the breach, and cooperate in investigating and remediating the breach. The Controller is responsible for determining whether to notify the relevant Supervisory Authority and affected data subjects.

10. Data Protection Impact Assessments

ParticleSearch will provide reasonable assistance to Controllers carrying out Data Protection Impact Assessments (DPIAs) when required. Given that ParticleSearch processes product catalog data (not personal data relating to shoppers), DPIAs are unlikely to be required for standard use of the service. ParticleSearch will provide relevant technical information upon request.

11. Deletion of Data

Upon termination or expiry of the service agreement, ParticleSearch will immediately revoke all Shopify OAuth access tokens and delete all product catalog data from the search index within 30 days. Associated application logs will also be deleted within 30 days. ParticleSearch will provide written confirmation of deletion upon request. ParticleSearch may retain anonymized, aggregated data for service improvement. This data cannot be used to reconstruct the Controller's product catalog.

12. Audits and Inspections

ParticleSearch will make available information necessary to demonstrate compliance with this DPA upon reasonable request. The Controller may request an audit of ParticleSearch's data processing activities with at least 30 days' written notice. ParticleSearch may fulfill audit requests by providing security certifications, audit reports, or other documentation demonstrating compliance.

13. International Data Transfers

Where processing involves transfers of personal data to countries outside the European Economic Area (EEA), ParticleSearch relies on appropriate transfer mechanisms, which may include Standard Contractual Clauses (SCCs), the EU-US Data Privacy Framework (where applicable), or other mechanisms recognised under applicable law. ParticleSearch will provide information about transfer mechanisms for sub-processors upon request.

14. Liability

Each party's liability under this DPA is subject to the limitations set out in the ParticleSearch Terms of Service, to the maximum extent permitted by law. Where both parties are responsible for GDPR violations, liability will be apportioned according to each party's degree of responsibility.

15. Duration and Termination

This DPA remains in force while ParticleSearch processes personal data on behalf of the Controller. This DPA terminates automatically when the Controller uninstalls ParticleSearch or the Terms of Service are terminated. Sections 5 (Confidentiality), 11 (Deletion), and 14 (Liability) survive termination.

16. General

Precedence: For data protection matters, this DPA takes precedence over conflicting Terms of Service provisions.
Entire Agreement: This DPA, the Terms of Service, and Privacy Policy constitute the entire agreement regarding data processing.
Amendments: ParticleSearch may amend this DPA with 30 days' notice. However, changes may be made immediately if required for security, legal compliance, or to prevent abuse, with notification as soon as reasonably practicable.

Schedule - Security Measures

Security Standards

ParticleSearch implements the following security measures:

Encryption in Transit

TLS 1.3 for all data transmission

Encryption at Rest

OAuth tokens and sensitive data encrypted at rest

Access Controls

Role-based access restrictions

Data Minimisation

Only product catalog data necessary for search is processed

Audit Logging

System access and processing activities logged

Vulnerability Management

Regular security monitoring

Sub-Processor Controls

Sub-processors selected based on security standards

Incident Response

Process for detecting and responding to breaches

Data Deletion

Processes for deleting data within 30 days of termination

17. Contact

For queries relating to this DPA or data protection compliance:

Email: support@particlesearch.com

Website: particlesearch.com/privacy

ParticleSearch will respond to data protection queries within 5 business days.

Acceptance

For merchants who install via Shopify, acceptance of the Terms of Service constitutes acceptance of this DPA.

For Enterprise merchants requiring a countersigned DPA, contact support@particlesearch.com.

End of Data Processing Agreement
ParticleSearch support@particlesearch.com particlesearch.com