Data processing agreement

Last updated 17 August 2026

1. Parties, and what this covers

This agreement is between Gonzalo Palazuelos, registered in Mexico as persona física con actividad empresarial, operating Cargease ("Processor", "we"), and the customer named in the order form ("Controller", "you"). Our registered domicile is in Nuevo León, Mexico, and we provide it on request.

It forms part of the terms of service and governs our processing of personal data on your behalf. Where this agreement and the terms of service conflict on a matter of personal data, this agreement wins.

It is written to satisfy the Mexican Ley Federal de Protección de Datos Personales en Posesión de los Particulares (where we are an encargado and you are the responsable) and, where it applies to you, Article 28 of the GDPR.

2. Roles, and the part people get wrong

You decide what personal data goes into Cargease and why. We do not. You are the controller for the shipment records, business contacts and documents in your account. We are your processor for all of it.

We are a controller only for the small amount of data we hold in our own right: the names and email addresses of your users so they can sign in, billing details, and ordinary server logs. That processing is described in the privacy notice, not here.

3. Our obligations

We will:

• Process personal data only on your documented instructions. Using the service is itself an instruction: creating shipments, adding participants, requesting documents and sending reminders are all instructed processing. We will tell you if an instruction appears to breach applicable data protection law.
• Never use your personal data for our own purposes. We do not sell it, we do not share it beyond the subprocessors in section 5, and we do not use it to train artificial-intelligence or machine-learning models.
• Keep it confidential, and ensure anyone we authorise to process it is bound by confidentiality.
• Apply the security measures in section 6, and not materially weaken them during the term.
• Help you with data subject requests, security, breach notification and impact assessments, as set out below.
• Delete or return the data when the agreement ends, as set out in section 9.

4. Your obligations

• You warrant you have a lawful basis for the personal data you put into Cargease, and for instructing us to process it.
• The upload-link case matters most here. You enter the name and email address of a person at your supplier, customs broker or carrier, and instruct us to email them. You confirm you are entitled to do that, and that those people can reasonably expect to be contacted about a shipment they are party to. We collect nothing from them beyond the files they choose to upload, a timestamp, and ordinary server-log data.
• You are responsible for what your users and your counterparties upload, including any personal data inside a document. A signed bill of lading or a driver's identification carries personal data we never asked for and cannot anticipate.
• Do not put special-category data into Cargease. The service is not designed for health data, biometric data, government identity numbers, or payment card data, and you should not use it to store them.

5. Subprocessors

You authorise the subprocessors below, each engaged under a written contract imposing data protection obligations no less protective than this one.

If we add or replace a subprocessor that handles personal data, we will email account administrators at least 30 days beforehand and update this page. If you reasonably object on data protection grounds, tell us within those 30 days and we will work with you to find an alternative. If we cannot, you may terminate and we will refund any period you have paid for but not used.

6. Security

The measures we apply are described in full, and honestly including what we do not have, on the security and subprocessors page, which forms part of this agreement. In summary:

• Encryption in transit (HTTPS/TLS) and at rest.
• Tenant isolation. Every read and write is scoped to the account that owns the record, so one customer cannot reach another's data even with a valid session.
• No passwords. Sign-in is a single-use emailed link, so there is no password store to breach.
• Least-privilege third-party access. Suppliers, brokers and carriers never hold accounts. They receive an unguessable, upload-only link, scoped to the documents assigned to that one party on that one shipment, expiring after 30 days and revoked when that party is removed.
• Private document storage. No object is publicly readable; every download is authorised against the caller's account.
• Administrative controls. Multi-factor authentication on every provider account, credentials in a password manager, full-disk encryption and automatic locking on machines with production access.

7. Data subject requests

Much of this you can do yourself, immediately, and that is deliberate. You can correct or delete a contact, remove a participant, revoke an upload link, or delete a shipment and its documents from inside the application without asking us.

Where you cannot, we will help. If a data subject contacts us directly about data we process for you, we will not respond substantively. We will tell them to contact you, and tell you within 5 business days. Taking into account the nature of the processing, we will assist you in responding to requests to access, correct, delete, object or limit, including the ARCO rights under Mexican law.

8. Personal data breaches

We will notify you without undue delay, and in any case within 72 hours of confirming a personal data breach affecting data we process for you. The notification will describe the nature of the breach, the categories and approximate volume of data and data subjects involved, the likely consequences, and the measures taken or proposed.

We will not wait for a complete picture before telling you something is wrong. Where we do not yet know everything, we will say what we know and follow up. Notifying regulators and data subjects is your decision as controller; we will give you what you need to make it.

9. Deletion and return

On request during the term, or within 30 days of it ending, we will provide a machine-readable export of the personal data we process for you. After that 30-day window we delete it from production, including document storage, unless the law requires us to retain something, in which case we will tell you what and why.

Deleting a shipment inside the application already removes its documents from object storage, not merely the reference to them. Residual copies may persist briefly in routine backups and are deleted on the ordinary backup cycle.

10. International transfers

Personal data in Cargease is stored outside Mexico and outside the European Economic Area, principally in the United States, and on Cloudflare's global network for documents. By instructing us to process personal data you accept that transfer.

Where the GDPR applies to your use of the service, transfers are made under the European Commission's Standard Contractual Clauses, which are incorporated into this agreement by reference, with this agreement and its annexes supplying the required descriptions. Under Mexican law we rely on the transfer being necessary for the performance of the contract between us, under Article 37 of the LFPDPPP.

We do not offer data residency options. If your policy requires data to stay in a particular country, Cargease cannot meet that today, and we would rather say so here than three weeks into a procurement process.

11. Audits

We will make available the information reasonably necessary to demonstrate compliance with this agreement, and will answer security questionnaires directly.

We are honest about the shape of this: Cargease is operated by a very small team and does not hold a SOC 2 or ISO 27001 certification, so there is no audit report to hand you. In place of one, the security page describes the system in specific terms including its gaps, and we will answer questions in writing. An on-site audit is not something we can support at this stage, and we would rather tell you that than agree to a clause we could not honour.

12. Liability and term

Each party's liability under this agreement is subject to the limitations in the terms of service. This agreement takes effect when your account is created and continues for as long as we process personal data on your behalf.

13. Governing law

The laws of Mexico, with the courts of Nuevo León having exclusive jurisdiction, as set out in the terms of service. Nothing here deprives a data subject of a right they have under the law applicable to them.

Annex 1. Details of processing

Annex 2. Security measures

Set out on the security and subprocessors page, which is incorporated into this agreement and summarised in section 6. That page is maintained as the single description of how the service is secured, so that it cannot drift out of step with a copy kept in a contract.

Contact

info@cargease.com for anything in this agreement, including a request to sign it as a standalone document.