Data Processing Agreement
1. Parties and Scope
This Data Processing Agreement ("DPA") forms part of the Terms of Service between Nanorix Inc. ("Processor" or "Nanorix") and the customer ("Controller" or "you") and governs the processing of personal data by Nanorix on behalf of the Controller.
2. Roles
Controller: You (the customer) determine the purposes and means of processing personal data sent into Nanorix capsules.
Processor: Nanorix processes personal data solely on your instructions, for the purpose of providing the ephemeral computation service.
3. Processing Description
Nature of Processing
Ephemeral computation in volatile memory only. Customer data enters a sealed ephemeral environment, is processed according to customer-provided commands, and is destroyed through a multi-step cryptographic destruction sequence. No customer data is persistently stored.
Duration of Processing
Data is processed for the duration of the ephemeral capsule only (maximum TTL defined by your tier). After capsule termination, data is destroyed. Typical capsule durations are seconds to minutes.
Categories of Data
As determined by the Controller. May include personal data, health data (PHI), financial records, or any other data classification the Controller sends into capsules.
Categories of Data Subjects
As determined by the Controller. Nanorix does not control or determine which individuals' data is processed.
4. Sub-Processors
| Sub-Processor | Purpose | Location |
|---|---|---|
| Google Cloud Platform | Compute infrastructure (ephemeral capsules) | us-central1 (US) or europe-west1 (EU) |
| Neon | PostgreSQL database (account data, CDP metadata) | Matching customer region |
| Stripe | Payment processing | United States |
Nanorix will notify the Controller of any changes to sub-processors with 30 days' advance notice. The Controller may object to a new sub-processor, in which case either party may terminate the agreement.
5. Data Subject Rights
Nanorix will assist the Controller in responding to data subject access requests, rectification requests, erasure requests, and other rights under applicable data protection law. Given that capsule content is destroyed by design (with cryptographic proof), erasure of capsule data is inherent to the service.
6. Security Measures
Nanorix implements the following technical and organizational measures to protect processed data:
- 6-layer capsule isolation: Six layers of Linux kernel isolation including process, filesystem, network, and resource isolation with cryptographic attestation
- Cryptographic controls: SHA-256 API key hashing (plaintext keys never stored), Ed25519 capsule signing, hash-chained destruction proofs
- Infrastructure security: TLS encryption in transit, encrypted storage at rest for account data, access controls and audit logging
- Data minimization: Capsule content exists only in volatile memory. No persistent storage of customer data. Automatic destruction with cryptographic proof.
7. Breach Notification
Nanorix will notify the Controller without undue delay and in any event within 72 hours of becoming aware of a personal data breach affecting the Controller's data. Notification will include: the nature of the breach, categories and approximate number of affected data subjects, likely consequences, and measures taken or proposed to mitigate the breach.
8. Data Deletion
Capsule content: Destroyed by design. The Nanorix service architecture ensures capsule content is destroyed through the multi-step cryptographic destruction sequence. CDPs provide verifiable proof of destruction.
Account data: Upon termination of the agreement or upon request, Nanorix will delete account data within 30 days, except where retention is required by law.
CDPs: Available for retrieval for 90 days after account termination, then permanently deleted. CDPs contain no personal data (only cryptographic hashes and metadata).
9. Audit Rights
The Controller may audit Nanorix's data processing practices with reasonable prior notice (at least 30 days). Audits shall be conducted during normal business hours, at the Controller's expense, and no more than once per year unless required by a supervisory authority. Nanorix will provide reasonable cooperation and access to relevant documentation.
10. International Transfers
If personal data is transferred outside the European Economic Area, Nanorix will ensure appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) or processing within regions covered by adequacy decisions.
11. Term and Termination
This DPA remains in effect for the duration of the Controller's use of the Nanorix service. Provisions relating to data deletion and audit rights survive termination.
12. Contact
For DPA-related inquiries: hello@nanorix.io
Nanorix Inc.
Patent Pending