Customer data-processing addendum.
processing-v1 · November 1, 2026 · Homeowner and end-client information stays under the contractor’s instructions.
Scope, parties and precedence
This data-processing addendum (processing-v1, effective November 1, 2026) is between Berry Street Research Group LLC (Fencekind, the service provider/processor) and the business customer (the controller/business). It covers personal information about homeowners, end clients and the contractor’s customers contained in Customer Content. It takes priority over conflicting general content licences, AI/ML, de-identification, usage-data or privacy provisions for that information. It does not transfer ownership, change prices or entitlements, waive mandatory rights or expand any processing permission. New web accounts may accept it with their business terms. Earlier customers can separately accept it at the link below; we do not backdate that acceptance or silently replace their existing agreement. Our existing no-sale, no-advertising and processor restrictions protect their content regardless of whether a separate acceptance has been recorded.
Instructions, data and duration
The customer instructs Fencekind to host, save, retrieve, display, export, share as the customer directs, secure, support and improve the requested fence-planning and estimating service on the customer’s behalf. Information may include customer names and contact information, job/site addresses, photos, measurements, plans, quotes and related communications the customer chooses to submit; data subjects are those end clients and people appearing in that content. Processing lasts for the service relationship and the limited return, deletion and legal-retention period below. Customer controls and documented, lawful support requests provide further instructions within the agreed service. The customer determines its lawful basis, supplies required notices and permissions and responds to its clients’ requests. Fencekind will notify the customer if it believes an instruction violates applicable privacy law, and will not carry it out pending resolution.
Strict purpose and combination limits
Fencekind will process covered information only under these documented instructions, for the specific service purposes above and as law requires. It will not sell it, share it for cross-context behavioral advertising, use it for its own marketing, audiences, enrichment or lead scoring, or upload it to Fencekind’s Meta dataset. It will not retain, use or disclose it outside the direct business relationship or combine it with other customers’ information or information received from other sources except as applicable service-provider law specifically permits to perform the instructed service. General-purpose or unrelated AI training and creating independently commercialized benchmarks from covered personal information are not authorized. De-identification is not a workaround for these instructions; any permitted output must meet applicable law and the customer’s instructions. Fencekind certifies that it understands and will comply with these restrictions. Fencekind will comply with applicable CCPA obligations and regulations and provide the same level of privacy protection required by them for covered information.
Confidentiality and security
Fencekind will restrict access to personnel who need it for the instructed service and are bound by confidentiality, and maintain reasonable technical and organizational measures appropriate to the nature and risk of processing, including access controls, restricted credentials and encryption in transit. The service does not promise construction accuracy, a security certification or immunity from incidents. Fencekind will notify the customer without undue delay after becoming aware of a personal-data breach affecting covered information, share reasonably available information needed for legally required notification, and cooperate in mitigation and remediation.
Subprocessors and transfers
The customer generally authorizes necessary hosting/storage and other service subprocessors supporting these instructions. Fencekind will bind each engaged subprocessor by a written agreement imposing the applicable CCPA/regulatory obligations and the same required level of privacy protection, including the purpose, confidentiality, security, assistance and deletion protections before allowing covered processing, remain responsible for its obligations, and maintain available information about the engaged providers. On request, Fencekind will provide the current relevant list and advance notice of a new or replacement subprocessor, allowing a reasonable opportunity to object on documented data-protection grounds. The parties will seek a reasonable alternative or permit termination of the affected service if the objection cannot be resolved. International transfers must have required lawful safeguards before they occur. Optional AI processing of covered information may occur only within these instructions and applicable provider protections; a general content licence does not authorize an incompatible provider use.
Rights, assessments and oversight
Taking account of the processing and information available, Fencekind will reasonably assist the customer with access, correction, deletion, portability and other applicable rights requests, security duties, breach notices and data-protection assessments. It will direct requests concerning the customer’s end-client records to the customer unless legally required otherwise. Fencekind will make available information necessary to demonstrate compliance and cooperate with reasonable assessments by the customer or its designated independent assessor, or provide a suitable independent assessment where legally permitted. Reasonable notice, confidentiality and safeguards for other customers and service security apply without defeating statutory audit rights. The customer may take reasonable and appropriate steps to verify permitted use, stop and remediate unauthorized use, and require corrective measures. Fencekind will notify the customer if it can no longer comply with these obligations.
Return, deletion and legal requirements
At the end of services, or on the customer’s lawful instruction, Fencekind will return or delete covered personal information as requested, using account export/deletion and support procedures as applicable. Retention required by law is limited to that duty, remains protected and is not used for unrelated purposes. Backup copies will be isolated from ordinary use and deleted on their applicable expiry cycle; provider retention and deletion completion will be disclosed rather than represented as instantaneous. Customer-downloaded and local-device files remain under the customer’s control. Fencekind will provide reasonable confirmation of completed actions and any legally required exception on request. It will notify the customer of legally compelled disclosure when permitted and limit disclosure to what is required.
Agreement and existing contracts
This addendum supplements the applicable service agreement for the covered processing. Its acceptance does not record a new acceptance of arbitration, grant a broader content licence or change existing billing terms. Obligations and liabilities imposed by mandatory privacy law remain effective. Contact support@fencekind.com for processing instructions, provider information, safeguards or a signed copy. A statement of these obligations is not a claim that a third-party audit or every vendor-contract review has already been completed.
Review and separately accept this addendum · Privacy protections