This translation is provided for convenience. For Users in Brazil, the Portuguese version prevails in case of any discrepancy (Terms of Service, Section 17.6).

DATA PROCESSING AGREEMENT (DPA)

Version: 1.0
Last updated: [DATA DE PUBLICAÇÃO]
Contact for matters concerning this Agreement: [email protected]

1 | SUMMARY TABLE

For information and immediate transparency only. It does not replace reading the clauses, which prevail in case of any discrepancy.

2 | PARTIES AND ACCEPTANCE

This Data Processing Agreement (“Agreement”, “DPA”) is entered into between:

Processor: Tracknana Software Development Ltda., CNPJ 66.059.324/0001-03, headquartered in Mamborê, Paraná, Brazil (“Tracknana”, “We”).

Controller: the User who holds the Account in the Service (“You”, “Controller”).

Acceptance. This Agreement is accepted when the Account is created, together with the Terms of Service and the Privacy Policy. Acceptance is recorded with date, time, IP address, User-Agent and document version, under Section 2.1 of the Terms of Service.

Prior reading. This Agreement remains fully available on Tracknana's website, with prominent access before sign-up and on the pricing page, so that You can read it in full before accepting and before subscribing.

Binding effect. This Agreement forms part of the Terms of Service and the Privacy Policy and must be interpreted together with them. In case of conflict regarding the processing of third-party data, this Agreement prevails.

3 | DEFINITIONS

The definitions in Section 4 of the Privacy Policy apply. In addition:

4 | SUBJECT MATTER AND SCOPE

This Agreement governs Tracknana's processing of personal data of third parties that You process through the Service, as Controller.

It applies to the following features:

• Tracknana Pixel: view, lead and checkout events collected on your pages
• Webhook receivers: sale and conversion events received from the platforms You configure
• Lead and customer management: storage, grouping and display of those events
• Conversion sending: transmission of events to advertising platforms through their respective Conversions API, when enabled by You
• Attribution sessions: identifiers, IP address, User-Agent and approximate location of visitors to Your pages
• Advertising platform integrations: data retrieved from the accounts You link

About the UTM Tracking Script. The UTM Tracking Script runs exclusively in the visitor's browser and does not transmit data to Tracknana, which is why it does not, by itself, constitute processing by Tracknana. The parameters it preserves may, however, reach Tracknana within a webhook payload or a Pixel event, in which case they become part of the Processed Data and are subject to this Agreement.

This Agreement does not apply to the Microsoft Clarity integration. There, Tracknana only sends Microsoft the API token of the project You linked and receives aggregate experience metrics in return. Collection happens on Your pages, by Microsoft, as an independent controller, under the terms You accepted with it; Tracknana processes no third-party data in that feature.

This Agreement also does not apply to the data of your own Account (registration, authentication, payment, preferences, support and use of the platform). For that data, Tracknana acts as Controller and the relationship is governed exclusively by the Privacy Policy.

5 | ROLES, PURPOSES AND INSTRUCTIONS

5.1 | Roles of the parties

You are the Controller of the Processed Data. Decisions about the processing are Yours, including defining the purposes, establishing the legal basis, obtaining the required consents, fulfilling the transparency duties towards End Data Subjects and responding to their requests.

Tracknana is the Processor. Tracknana processes the Processed Data exclusively on your behalf, under your Instructions and within the limits of this Agreement.

5.2 | Authorized purposes

Tracknana will process the Processed Data exclusively to:

1. Display tracking metrics and events in Your Dashboard
2. Enable the attribution of conversions and leads to Your campaigns, including by matching against the advertising platforms' aggregate reports
3. Provide the other analytical and operational features of the Service You subscribed to

No other use is authorized. Tracknana declares that it does not use the Processed Data for its own purposes, except for the access log in Clause 16.1, which it keeps under its own legal obligation; that it does not sell them, does not disclose them to third parties outside the cases in Clause 9, and does not use them to train models, build third-party databases or develop products.

5.3 | Instructions

Your Instructions are expressed through the settings You configure in the Service: installing the Pixel and selecting the events collected, creating webhook receivers, enabling conversion sending, linking third-party accounts and other available parameters.

Tracknana does not process the Processed Data outside those Instructions, except when required by law or by a competent authority, in which case it will inform You in advance, unless legally prohibited.

If Tracknana considers that an Instruction infringes data protection law, it will inform You and may suspend the corresponding feature, under Clause 18.

6 | CATEGORIES OF DATA AND DATA SUBJECTS

End Data Subjects: visitors to your pages, leads captured by forms and buyers of your products or services.

Categories of Processed Data, depending on the features You enable:

Sensitive data. This Agreement does not authorize the deliberate collection of sensitive personal data through the covered features. You represent and warrant that You will not configure the Pixel, forms or webhook receivers to capture sensitive data.

You acknowledge, however, that free-text fields such as product name, page URL and campaign parameters may reveal sensitive data by inference, under Section 8.6 of the Terms of Service, and that Tracknana's automatic filters do not detect that kind of content. In that case, You represent and warrant that You have an adequate legal basis under art. 11 of the LGPD and undertake to notify Tracknana in advance, at [email protected], so that any additional technical measures can be assessed.

Children and adolescents. This Agreement does not authorize the processing of data of minors under 18 through the covered features.

7 | OBLIGATIONS OF THE CONTROLLER

You undertake to:

1. Obtain a valid legal basis for processing the Processed Data, including the consent of End Data Subjects where required by applicable law, before any collection
2. Inform End Data Subjects, in your own privacy policy and at the points of collection, about the use of the Tracknana Pixel, of tracking mechanisms and of data sharing with management and analytics tools
3. Maintain your own privacy policy, accessible and compatible with the use of the Service
4. Not collect sensitive data through the Service without an adequate legal basis, nor data of minors under 18
5. Respond to End Data Subjects' requests promptly and within the legal deadlines, as Controller
6. Maintain an accessible channel for End Data Subjects to exercise their rights, which includes appointing a Data Protection Officer, unless legally exempted given your size
7. Have legitimate authority over the pages where You install the Pixel, the third-party accounts You link and the platforms whose webhooks You configure
8. Keep confidential the webhook receiving addresses, which contain a secret token, and authorize in the Pixel only the domains of Your pages, under Section 8.4 of the Terms of Service
9. Obtain a legal basis and inform your visitors about the IP address, the User-Agent and the 90-day _fbp cookie the Pixel writes on Your pages' domain. Tracknana does not collect visitor consent and has no mechanism to verify it: collection relies solely on the fact that You installed the script, and the lawfulness of that collection is Your responsibility
10. Inform your visitors, when enabling managed mode, that code from the advertising platform starts running on Your pages at Tracknana's initiative, and that this platform starts collecting directly from their browser, outside our systems
11. Not configure alerts or integrations that transmit End Data Subjects' data to recipients not provided for in this Agreement
12. Notify Tracknana within 48 (forty-eight) hours of any security incident, breach or misuse You become aware of that involves the Processed Data
13. Adopt reasonable security measures in your own environments and cooperate with regulatory requests concerning data under your control
14. Instruct lawfully, refraining from requiring processing that infringes applicable law

You represent and warrant that You hold all authorizations, permissions, legal bases and rights required for the processing You instruct through the Service.

8 | OBLIGATIONS OF THE PROCESSOR

Tracknana undertakes to:

1. Process the Processed Data exclusively in accordance with Your Instructions and for the purposes in Clause 5.2, within the limits of this Agreement, the Terms of Service, the Privacy Policy and applicable law
2. Implement and maintain appropriate technical and organizational security measures, described in Clause 10
3. Ensure confidentiality, binding every person authorized to access the Processed Data to a duty of secrecy, including after their engagement ends
4. Limit access to the Processed Data to what is strictly necessary, under the principle of least privilege, with per-holder isolation at the storage layer
5. Not subcontract the processing without following the procedure in Clause 9
6. Notify You within 72 (seventy-two) hours of becoming aware of a security incident involving the Processed Data, under Clause 12
7. Cooperate in meeting End Data Subjects' rights, providing the available technical means, under Clause 13
8. Cooperate in demonstrating compliance, under Clause 15
9. Delete the Processed Data at termination, keeping available until then the export and copy-request means provided in Clause 16.2
10. Inform You if it receives a request from an authority concerning the Processed Data, unless legally prohibited, and limit disclosure to what is strictly necessary
11. Keep a record of the processing operations carried out on your behalf, to the extent of its role as Processor

9 | SUB-PROCESSORS

Internal components. Processing of incoming events uses a message queue and a cache, both self-hosted on the same infrastructure listed in Clause 9.2. End Data Subjects' data passes through the queue between receipt and storage. They are not third-party services and do not constitute separate subcontracting, but are listed here for transparency about the data's path.

9.1 | Authorization

You authorize Tracknana to engage Sub-processors to carry out the processing, provided that Tracknana imposes on them, by contract, data protection obligations equivalent to those in this Agreement, and remains liable to You for their acts.

9.2 | List of Sub-processors

9.3 | Recipients acting as independent controllers

The transmissions below take place on your express Instruction and the recipients act as independent controllers, not as Tracknana's Sub-processors. You are responsible for having a legal basis and providing the required information to End Data Subjects:

Mobile app notifications. Notifications sent to Your device contain the sale's status and amount and the name of Your Dashboard, and do not contain the buyer's name, email or phone. For that reason, the notification service provider is not a Sub-processor of Processed Data. Should this change, it will be added to the list in Clause 9.2 following the procedure in Clause 9.4.

CSV export. When You export leads, sales or customer profiles, the file is generated on Your device and falls under your exclusive custody, outside Tracknana's systems. From that moment, the protection, storage and any sharing of that file are entirely your responsibility as Controller.

9.4 | Changes to the list

Tracknana will notify You at least 30 (thirty) days in advance of the addition or replacement of a Sub-processor, by registered email and a notice in the Service.

If You object on reasonable grounds, You must do so within 15 days of the notice. If no technical solution can address the objection, You may terminate this Agreement and close the Account, without penalty, with a pro rata refund of the paid, unused period.

Emergency replacements due to unavailability, discontinuation or a security risk of a Sub-processor may take place without prior notice, with immediate notification and the same protection guarantees.

10 | INFORMATION SECURITY

Tracknana applies to the Processed Data the technical and organizational measures described in Section 14.1 of the Privacy Policy, which form part of this Agreement for all purposes and cover encryption in transit and at rest, per-holder isolation at the storage layer, least-privilege access control, application protection, origin verification of webhooks and the Pixel, input sanitization, an audit trail and encrypted backups in Brazilian territory.

Tracknana may update these measures, provided it does not reduce the existing level of protection.

Limits of sanitization. The automatic filters work differently on each path: in the Pixel, a lead with improper personal data in the email address is rejected, every page URL and referrer is stored without query parameters and without fragment, with any email, CPF or CNPJ in the path replaced by a marker, and personal data patterns in campaign parameters are replaced by a marker; in webhooks, documents and cards are removed from the name and phone, and any personal data pattern is removed from transaction and campaign identifiers and from campaign parameters.

The product name is not filtered for personal data, as it is essential to identify the sale, and is stored as received. You acknowledge that these filters reduce risks but do not replace your obligation not to collect improper data, and that none of them detects sensitive data revealed by inference.

11 | CONTINUITY, INSTABILITY AND SUPPORT

11.1 | No availability guarantee

The Service is provided under Section 11 of the Terms of Service, on an “as is” and “as available” basis. In this Agreement, Tracknana makes no service level (SLA), continuous availability or maximum restoration time commitment.

You acknowledge that unavailability, slowness, maintenance and third-party failures may prevent, delay or interrupt the collection, receipt and display of the Processed Data.

11.2 | Effects of unavailability on the Processed Data

During periods of unavailability:

• Events may be lost. Webhooks and Pixel events not received during the interruption are not reprocessed retroactively, unless the sending platform performs its own automatic retry
• Processed Data already stored remains preserved, subject to the security measures in Clause 10 and the backup routine
• Plan-limit cycling and the 24-month cap keep running, regardless of the Service's availability
• The deadlines in this Agreement for incident notification and cooperation on data subject rights are not suspended by unavailability, except in duly proven acts of God or force majeure

Tracknana is not liable for lost events, inconsistent metrics or business losses resulting from unavailability, under Section 11.2 of the Terms of Service.

11.3 | Support channel and response times

Technical questions about the processing of the Processed Data should be sent to [email protected]; questions about this Agreement, incidents and data subject rights, to [email protected].

Tracknana will observe the following initial response times, counted from receipt:

The times above refer to the initial response, not the final resolution, and are a best-efforts obligation.

11.4 | Discontinuation

If a feature covered by this Agreement or the Service as a whole is discontinued, Tracknana will notify You at least 30 (thirty) days in advance, keeping the CSV export available in the Dashboard during that period and handling copy requests for the other categories, so that You can preserve the Processed Data before the deletion provided in Clause 16.2.

12 | SECURITY INCIDENTS

Tracknana will notify You within 72 (seventy-two) hours of becoming aware of a security incident involving the Processed Data, by registered email and a notice in the Service.

The notification will contain, to the extent of the information available: the nature of the incident; the categories and approximate volume of data and data subjects affected; the likely consequences; the technical mitigation measures taken or proposed; and the contact for further information. Information not available at the time will be provided in successive updates.

Notification to the ANPD and to data subjects. As Controller, the decision on and execution of notifying the competent authority and End Data Subjects, where required, is Yours, within the deadlines of ANPD Resolution CD/ANPD No. 15/2024, counted from when You became aware that the incident affected personal data. Tracknana will provide the necessary cooperation and technical information and will keep a record of the incident, making it available to You to support the notification and the record that Resolution requires.

Your reciprocal obligation. You will notify Tracknana within 48 (forty-eight) hours of any incident or misuse You become aware of involving the Processed Data or the credentials to access the Service.

13 | RIGHTS OF END DATA SUBJECTS

End Data Subjects exercise their rights before You, as Controller. Tracknana does not decide on data it does not control.

Tracknana's cooperation. Tracknana provides You, in the Dashboard, with the means to find, export and delete the records of a given buyer. The deletion reports how many records were removed, so that You can give the data subject a concrete answer.

For any operation not available in the Dashboard, You may request technical assistance at [email protected]. Tracknana will carry out the operation within 10 (ten) calendar days, or will report, within the same period, the existing technical limitation and the available alternatives.

Requests received directly. If an End Data Subject contacts Tracknana directly, Tracknana will not handle it on its own: it will forward the request to You within 5 (five) business days and inform the data subject that the Controller is the responsible User.

Scope of deletion. Deletion covers the buyer's sales in the Dashboard, the consolidated customer profile, and the corresponding pending and sent conversions. Technical webhook logs no longer hold the buyer's email, which is removed before storage. It does not cover Pixel view events or attribution sessions, which are linked only to a random visitor identifier, with no link to an email or name. Those records are deleted automatically within 30 days. Nor does it cover the access log in Clause 16.1, kept for 6 months under legal obligation. Residual copies in encrypted backups are deleted within 180 days.

14 | INTERNATIONAL TRANSFER

The database of the Processed Data and its backups remain entirely in Brazilian territory: the database, backups and logs are in the Vinhedo, São Paulo region, on Oracle's infrastructure. As regards that storage, there is no international transfer.

You acknowledge and authorize, however, that certain processing takes place outside Brazilian territory, some of it involving storage for a limited period in the respective providers' systems:

• Traffic routing and protection by Cloudflare, with connection metadata retained for a limited period
• Technical error monitoring by Sentry, with error events retained for the contracted period
• Log, metric and trace observability by Grafana Cloud, when enabled, retained for the contracted period
• Occasional remote access by Oracle for infrastructure support and operation, without moving the data
• Transmissions to the recipients listed in Clause 9.3, which store data under their own policies, as independent controllers

These transfers are mostly destined for the United States and are based on art. 33, II, of the LGPD, through Standard Contractual Clauses approved by ANPD Resolution CD/ANPD No. 19/2024, or an equivalent contractual instrument.

15 | DEMONSTRATION OF COMPLIANCE

Upon a reasoned written request, with at least 30 days' notice and no more than once every 12 months, or whenever there is a confirmed incident or an order from a competent authority, Tracknana will provide the information reasonably necessary to demonstrate compliance with this Agreement.

Demonstration will preferably be provided through documentation, reports and answers to a technical questionnaire. On-site audits or direct access to systems will only take place when the documentation is proven insufficient, during business hours, without interrupting operations, under a confidentiality agreement and at the requesting party's expense.

Under no circumstances will the demonstration compromise Tracknana's trade secrets, its intellectual property or the confidentiality of other Users' data.

16 | RETENTION AND DELETION

16.1 | During the term

Processed Data is retained according to the record limit of the subscribed plan, under continuous cycling (FIFO), and for at most 24 (twenty-four) months from the creation of each sale or lead, whichever comes first, under Section 7.7 of the Terms of Service and Section 12 of the Privacy Policy.

Attribution sessions, which contain the visitor's IP address, User-Agent and approximate location, are deleted in full 30 days after the last visit, in a single operation; those fields do not survive in a separate column.

Access log. Independently of the attribution session, each request from the visitor's browser to Tracknana's servers, including the Pixel's, generates a log entry with IP, date and time and User-Agent, kept for 6 (six) months. For that log, Tracknana acts as controller, as an application provider, under its own obligation in art. 15 of the Brazilian Internet Civil Framework (Law No. 12,965/2014). The log is kept confidential and is not used for attribution, conversion sending or any other feature of the Service; it is only provided to third parties as permitted by law, upon a court order.

Conversions awaiting sending, which carry the buyer's IP, User-Agent and address until delivery, are deleted once delivered or after 10 unsuccessful attempts.

Technical webhook logs are kept for 30 days. The buyer's name, email, phone, IP, city and postal code are removed before storage; only country and state remain.

Other diagnostic records follow the periods set out in Section 12 of the Privacy Policy.

16.2 | At termination

Once the Account is closed or this Agreement is terminated, Tracknana will permanently delete the Processed Data from its active systems.

Before closing, You may export leads, sales and customer profiles in CSV format, directly from the Dashboard, and request a copy of the other categories at [email protected], free of charge and within 15 (fifteen) days, under Section 14.4 of the Terms of Service. You alone are responsible for exporting and requesting in advance, since deletion is immediate and irreversible.

Residual copies may persist in encrypted backups for up to 180 (one hundred and eighty) days, after which they are automatically discarded. During that period, backups are not used for any purpose other than disaster recovery.

Data whose retention is required by a legal or regulatory obligation is excepted from deletion, and kept only for the period and purpose required.

17 | LIABILITY

You are liable for the lawfulness of collection, the existence and adequacy of the legal basis, compliance with transparency duties towards End Data Subjects, meeting those data subjects' rights and the regulatory compliance of the operations You instruct.

Tracknana is liable for complying with the obligations in this Agreement, in particular for processing in accordance with Your Instructions and maintaining the security measures in Clause 10.

Tracknana is not liable for violations resulting from Your misuse of the Service, the lack of a valid legal basis, irregular data collection, improper implementation of the Pixel or failure to meet the obligations in Clause 7.

The limitation of liability in Section 12 and the indemnification in Section 13 of the Terms of Service apply to this Agreement, subject to the exceptions set out there regarding mandatory rules and consumer law.

Nothing in this Agreement excludes the joint or subsidiary liability that arts. 42 to 45 of the LGPD may attribute to processing agents towards End Data Subjects, who are not parties to this instrument.

18 | SUSPENSION FOR MISUSE

Tracknana may suspend access to the features covered by this Agreement if it identifies signs of unlawful use, breach of this Agreement or of the Terms of Service, regulatory non-compliance, processing of sensitive data or data of minors without a legal basis, operational or reputational risk, or a judicial or administrative order.

The suspension will follow the administrative procedure in Section 10.2.1 of the Terms of Service, with notice, a 5-business-day defense period, a reasoned decision and a right of appeal.

In cases of unequivocal seriousness, urgency or imminent risk to End Data Subjects, the suspension may be preventive, with notice and the right of defense guaranteed afterwards.

During the suspension, the Processed Data remains stored and preserved, unless a competent authority orders otherwise or You request its deletion.

19 | TERM AND AMENDMENTS

This Agreement remains in force while You use any of the features in Clause 4, and the confidentiality, security, deletion and liability obligations survive its termination.

Material changes will be communicated at least 30 (thirty) days in advance, by registered email and a notice in the Service. Non-material changes take effect upon publication, with the date and version updated. Previous versions remain available for consultation.

If You do not agree with the changes, You must stop using the covered features and may close the Account before they take effect.

20 | FINAL PROVISIONS

Severability. The invalidity of any clause does not affect the validity of the others.

Governing law and venue. Brazilian law and the venue chosen in Section 16 of the Terms of Service apply, without prejudice to the consumer's right to choose the venue of their domicile.

Communications. Must be addressed to [email protected] and to the email address registered in Your Account.

Precedence. In case of conflict between this Agreement and the Terms of Service or the Privacy Policy regarding the processing of the Processed Data, this Agreement prevails.

Tracknana Software Development Ltda.
CNPJ 66.059.324/0001-03 | Mamborê, Paraná, Brazil
[email protected] | www.tracknana.com

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