Legal

Data Processing and Security Schedule

Version 2026-12 · effective 2026-10-13 · part of the Customer Terms (digwindow.com/terms) without signature; changes are posted here with thirty days' notice

This Schedule forms part of the Agreement between DigWindow Limited ("Dig Window") and each Customer under the Customer Terms of Service. Capitalized words have the meanings given in the Customer Terms. If this Schedule and the Customer Terms conflict on a privacy or security matter, this Schedule governs (Customer Terms section 12.4).

1. Roles

1.1 Customer in control. The Customer decides what Customer Data is put into the Service and why. Dig Window processes Customer Data on the Customer's behalf, only to provide, secure, support and improve the Service as described in the Customer Terms and this Schedule, and on the Customer's documented instructions, which are the Agreement and the Customer's configuration of the Service.

1.2 Personal Information in scope. Customer Data is mainly business information about excavation sites. It also contains limited Personal Information: names, work email addresses and phone numbers of Customer Personnel and of utility, locator and contractor staff that appear in Locate Documentation; account and sign-in records of Authorized Users; device synchronization times; and records of which tickets and Packages a user opened. Device location is used on the device to show the user's position on the map and is not sent to Dig Window. The Service is not designed to hold health information, government identification numbers or payment card numbers, and the Customer must not upload them. Card payments and pre-authorized debits are handled by Dig Window's payment processor; Dig Window does not receive or store card or bank account numbers.

1.3 Customer obligations. The Customer is responsible for having the notices, consents and lawful authority needed for Dig Window to process Personal Information under the Agreement, including any notice or policy required for workplace monitoring (Customer Terms section 3.8).

2. Where data is stored and processed

2.1 Primary hosting in Canada. The Service database, document and package storage, authentication and server functions are hosted in the Canada (Central) cloud region, Montréal, where Packages are also assembled. Database backups are held in the same region. A second copy of stored documents and Packages is kept with a separate provider (section 5.1).

2.2 Processing outside Canada. Some subprocessors listed in section 3 process data outside Canada, mainly in the United States, to deliver email, run the web applications and perform automated document reading. Personal Information processed outside Canada may be accessible to courts and authorities of that country under its laws.

2.3 Connected services. Where the Customer connects the Service to a third-party service for which it holds its own account (for example a Monday.com board), Dig Window transmits to that account only the records the Customer configures, such as the Package, key dates, the ticket's response status and a link back to the ticket, each placed on the record the Customer's configuration selects. It is sent at the Customer's instruction and to the Customer's own account, so the provider of that service is not a subprocessor of Dig Window and is not listed in section 3. Dig Window reads from the connected service only what is needed to place those records and does not read its contents into the Service. Records and files already placed there remain under the Customer's control and are not deleted by Dig Window on termination (section 7); the credential the Customer supplied is deleted when the Customer disconnects and on termination with the rest of Customer Data. The credential is stored encrypted, is not displayed to Dig Window personnel and is used only by the connection. Information read from the connected service to place a record is not stored. Data placed in a connected service may be stored outside Canada under its provider's terms.

3. Subprocessors

3.1 Categories. Dig Window uses subprocessors in the following categories. The current list of subprocessors by name is available to any Customer on request to support@digwindow.com.

Hosting and storage. Database, file storage, sign-in, server functions and Package assembly. All Customer Data. Canada.

Automated document reading. Artificial-intelligence services that read locate documents (Customer Terms section 4.2), under commercial terms that do not permit the use of that content to train models. United States.

Network and email intake. Domain name service, network protection and the inbound email relay for each Customer's intake address. Global network.

Email delivery. Sign-in codes, alerts, digests and package emails. United States.

Application hosting. The web applications, the website and document rendering. Global network.

Error monitoring. Error reports from the applications and server functions, configured to exclude document content, names and email addresses. United States.

Payments. Subscription billing and payments. Billing contact and company details only. Canada and United States.

Maps. Map tiles and address search. United States.

Business email and file backup. Dig Window's own email, and the second copy of stored documents and Packages described in section 5.1. Canada and United States.

3.2 Changes. Dig Window may add or replace subprocessors at any time. The current list is available to any Customer on request. A Customer that reasonably objects to a subprocessor on privacy or security grounds may terminate by written notice, and Dig Window will refund prepaid base subscription Fees for the period after termination.

3.3 Subprocessor terms. Dig Window uses subprocessors under their published or negotiated commercial terms, which include confidentiality and security obligations, and chooses them with regard to their security practices. Dig Window is responsible to the Customer for its own obligations under this Schedule when it uses a subprocessor, subject to Customer Terms sections 9 and 12.7. Dig Window does not warrant the performance or availability of a subprocessor's service.

4. Security measures

The measures in this section describe how the Service is designed and operated. Dig Window may change them, provided the overall level of protection is not materially reduced. Further detail is available to a Customer, in confidence, through the security questionnaire in section 8.3.

4.1 Tenant isolation. Access controls separate each Customer's data from other customers' data. A Customer's users can see only that Customer's data and data another customer has shared with it through Partner Sharing.

4.2 Encryption. Data is encrypted in transit and at rest.

4.3 Sign-in. Sign-in uses single-use codes rather than passwords. A second factor is available to every user and is required for Dig Window staff. Accounts are created only by a Customer's authorized coordinator, through checkout, or by Dig Window at the Customer's request.

4.4 Least privilege. Access to systems and Customer Data is limited to what each function and person needs, stored documents are kept in private storage, and secrets are kept out of source code.

4.5 Records. Automated changes and coordinator overrides are logged, and stored source documents are kept as received.

4.6 Development. Changes to the Service are reviewed and security-checked before release.

4.7 Personnel. Only Dig Window personnel who need access to provide or support the Service may access Customer Data. They are bound by confidentiality obligations. Dig Window staff access Customer Data to support the Customer, investigate a problem, check or correct automated results or keep the Service secure, and not otherwise.

5. Backups and continuity

5.1 Dig Window keeps regular backups of the database and a second, encrypted copy of stored documents and Packages with a separate provider (section 3.1), and tests restoring them. The Service is designed to forward each inbound locate email to the Customer's own mailbox as it arrives, so that the Customer keeps an independent copy; the Customer remains responsible for its own copy (Customer Terms sections 3.5 and 4.1).

5.2 These measures reduce, but do not remove, the risk of loss. Customer Terms sections 4.1, 9.1(f) and 12.7 apply.

6. Security incidents

6.1 Notice. If Dig Window becomes aware of unauthorized access to, or loss or disclosure of, Customer Data in its or its subprocessors' control, Dig Window will notify the Customer's primary administrator without undue delay, and in any case within seventy-two (72) hours after Dig Window determines that it has occurred, with the information then available about what happened, what data is affected and what Dig Window is doing about it. Dig Window will update the Customer as it learns more. This section does not delay any earlier notice to the Customer, to a regulator or to individuals that Applicable Law requires.

6.2 Response. Dig Window will take reasonable steps to contain the incident, preserve evidence and prevent a recurrence, and will cooperate reasonably with the Customer's own obligations to notify individuals or regulators. Each party bears its own costs of notifying individuals and regulators, and Customer Terms section 9 applies.

6.3 Breach reporting under PIPEDA. Where an incident involving Personal Information creates a real risk of significant harm, the organization in control of that information reports it to the Office of the Privacy Commissioner of Canada and notifies affected individuals as the Personal Information Protection and Electronic Documents Act requires. Dig Window keeps a record of every breach of security safeguards involving Personal Information, whether or not it is reportable. For Personal Information that Dig Window controls itself, such as account and acceptance records, Dig Window reports to the Office of the Privacy Commissioner of Canada and notifies individuals itself, and keeps each breach record for at least twenty-four (24) months.

6.4 A notice under this section is not an admission of fault or liability.

6.5 Customer Terms section 9 (limitation of liability), including the cap in section 9.2, applies to every obligation in this Schedule and to any claim arising from a security incident.

7. Retention, return and deletion

7.1 During the term the Customer can export its Locate Documentation and Packages with the Service's tools.

7.2 After termination, Dig Window keeps Customer Data available for export for thirty (30) days (Customer Terms section 4.7) and then deletes or de-identifies it within a further sixty (60) days. Copies in database backups are overwritten as the backups roll over, and the Customer's folders in the second file copy (section 5.1) are deleted within the same sixty (60) days. Test material kept under Customer Terms section 4.3 is deleted on the same timetable unless it has been de-identified. Dig Window may keep acceptance records, billing records, security logs and anything subject to a legal hold or legal retention requirement for as long as needed for that purpose, and will continue to protect them under this Schedule.

8. Requests and assistance

8.1 Individuals' requests. If Dig Window receives a request from an individual to access or correct Personal Information in Customer Data, it will refer the individual to the Customer and, where the Customer asks, provide reasonable help with its response. For Personal Information that Dig Window controls itself, such as an Authorized User's account, sign-in and acceptance records, Dig Window answers the individual's request directly within thirty (30) days.

8.2 Legal demands. If a court or authority requires Dig Window to disclose Customer Data, Dig Window will, where legally permitted, notify the Customer and disclose only what is legally required (Customer Terms section 7.3).

8.3 Security questions. Once a year, and after a security incident affecting the Customer, Dig Window will answer the Customer's reasonable written security questionnaire about the Service.

9. Contact

Privacy and security questions, and notices under this Schedule, go to support@digwindow.com, attention of Dig Window's privacy officer, Manish Jeed. Dig Window's privacy practices for its website and for the people who use its apps are described at digwindow.com/privacy.

DigWindow Limited · Corporation No. 1822139-1 · 201-197 County Court Blvd, Brampton ON L6W 4P6 · support@digwindow.com · Version 2026-12