Data Processing Agreement

Last updated: February 10, 2026 Back to Legal Hub

Disclaimer: This document should be reviewed by qualified legal counsel before publication. It is drafted based on GDPR Article 28 requirements and industry best practices but does not constitute legal advice. DPAs often require negotiation for enterprise customers.

1. Introduction

This Data Processing Agreement ("DPA") forms part of the Terms of Service between:

  • Customer ("Controller," "you") — the entity that has agreed to the RelayPost Terms of Service
  • RelayPost, Inc. ("Processor," "we," "us") — the entity providing the RelayPost email delivery platform

This DPA applies when RelayPost processes Personal Data on your behalf in the course of providing the Service.

2. Definitions

TermMeaning
Personal DataAny information relating to an identified or identifiable natural person (GDPR Art. 4(1))
ProcessingAny operation performed on Personal Data (GDPR Art. 4(2))
ControllerThe entity that determines purposes and means of Processing (you)
ProcessorThe entity that processes on behalf of the Controller (RelayPost)
Sub-ProcessorA third party engaged by RelayPost to process Personal Data on your behalf
Data SubjectThe individual whose Personal Data is processed (your email recipients)
SCCsStandard Contractual Clauses approved by the European Commission
Personal Data BreachA breach of security leading to unauthorized access to or loss of Personal Data

3. Scope of Processing

3.1 Subject Matter

ElementDetails
Subject matterProcessing of Personal Data to provide the RelayPost email delivery service
DurationFor the term of the Agreement, plus any retention period in Section 11
NatureCollection, storage, transmission, deletion of email-related Personal Data
PurposeEmail delivery, tracking, bounce/complaint management, analytics, webhooks

3.2 Types of Personal Data Processed

CategoryData ElementsPurpose
Recipient identifiersEmail addresses (to, cc, bcc)Email delivery and routing
Sender identifiersFrom address, reply-to addressEmail delivery and authentication
Email contentSubject, HTML body, text body, headersEmail delivery
Delivery metadataMessage ID, timestamps, status, SMTP codesDelivery tracking
Suppression dataEmail address, reason, sourcePreventing delivery to invalid addresses

4. Controller Obligations

As the Controller, you are responsible for:

  1. Lawful basis — Ensuring you have a lawful basis for sending emails and providing recipient data to RelayPost
  2. Data subject rights — Responding to requests from your recipients
  3. Privacy notices — Disclosing the use of RelayPost as a processor
  4. Data accuracy — Ensuring data you provide is accurate and current
  5. Compliance — Complying with all applicable data protection laws

5. Processor Obligations

5.1 Processing Instructions

RelayPost will process Personal Data only on your documented instructions. Your use of the Service constitutes your instructions for processing.

5.2 Security (Article 32)

MeasureImplementation
Encryption in transitTLS for all connections (HTTPS, SMTP STARTTLS/implicit TLS)
Encryption at restAWS RDS encryption (AES-256), S3 server-side encryption
Access controlRole-based per organization; all queries scoped to organization ID
AuthenticationSession-based with httpOnly cookies; API keys stored as SHA-256 hashes
Network securityAWS VPC isolation, Cloudflare DDoS protection
Audit loggingAll organization-level actions logged with user ID, IP, timestamp
Secure developmentParameterized queries (Drizzle ORM) to prevent SQL injection

6. Sub-Processors

6.1 Current Sub-Processors

Sub-ProcessorPurposeLocation
Amazon Web Services, Inc.Infrastructure hosting (EKS, RDS, ElastiCache, S3)United States
Cloudflare, Inc.DNS, CDN, DDoS protection, WAFGlobal (US HQ)

6.2 Sub-Processor Changes

We will notify you at least 30 days in advance of engaging a new sub-processor. You may object within 14 days by emailing [email protected]. If no alternative is feasible, either party may terminate the affected portion of the Service with 30 days' notice.

7. Personal Data Breach Notification

ActionTimeline
Initial notification to youWithin 48 hours of becoming aware
Your notification to supervisory authorityWithin 72 hours (GDPR Art. 33)
Detailed follow-upAs soon as reasonably practicable

Notification will include: nature of the breach, data affected, likely consequences, measures taken, and contact point. Security incidents: [email protected]

8. Data Subject Rights

As Controller, you are responsible for responding to Data Subject requests. RelayPost will assist by:

Request TypeHow We Help
AccessProviding Personal Data we process for the relevant Data Subject
RectificationUpdating data as instructed by you
ErasureDeleting data as instructed (subject to retention requirements)
PortabilityProviding data in machine-readable format via API export

Response time: within 10 business days.

9. Data Protection Impact Assessments

RelayPost will provide reasonable information about our processing activities to assist you in conducting DPIAs where required by GDPR Article 35.

10. International Data Transfers

RelayPost processes Personal Data in the United States (AWS US regions).

MechanismApplicability
Standard Contractual Clauses (SCCs)EU Commission Decision 2021/914 — Module 2 (Controller to Processor)
UK IDTAFor transfers from the UK
Swiss DPASCCs as recognized by Swiss FDPIC

Supplementary measures include encryption in transit and at rest, access controls, data minimization, and transparency regarding government access requests.

11. Data Retention and Deletion

11.1 During the Agreement

Data TypeFreeStarterPro
Email metadata & events30 days60 days180 days
Email content30 days60 days180 days
Suppression listsDuration of Agreement

11.2 On Termination

ActionTimeline
Cease processingImmediately
Data export window30 days via API
Delete email content & metadataWithin 30 days after export window
Delete from backupsWithin 90 days (backup rotation)
Certification of deletionAvailable upon written request

12. Audits and Inspections

You have the right to audit RelayPost's compliance with this DPA with at least 30 days' written notice, once per 12-month period. As an alternative, RelayPost may provide SOC 2 Type II reports, third-party security assessments, or relevant certifications.

13. Liability

Liability under this DPA is subject to the limitations in the Terms of Service, except that liability for data protection breaches caused by RelayPost's failure to comply with this DPA or GDPR is not subject to the general limitation.

14. Term and Termination

This DPA takes effect on the Effective Date and remains in effect for the duration of the Agreement. Sections on Confidentiality, Breach Notification, Retention/Deletion, Audits, and Liability survive termination.

15. Contact

PurposeContact
Legal & DPA inquiries[email protected]
Security incidents & abuse[email protected]