Before publishing: insert FormBody's registered ABN ([ABN — insert your registered ABN]) and the governing State/Territory ([State/Territory — e.g. New South Wales]). Everything else is final.
This Data Processing Agreement ("DPA") forms part of the FormBody Terms of Service between FormBody ([ABN — insert your registered ABN]) ("FormBody", "we", "us") and the shop ("you", "the shop"). It governs how FormBody handles Customer personal information on the shop's behalf. It is written for Australian law — the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Terms defined in the Terms of Service have the same meaning here. Where this DPA and the Terms conflict on data handling, this DPA prevails.
Australia does not use the "controller/processor" labels of the GDPR. In this DPA, "the shop determines" the purposes and means of handling Customer Data, and "FormBody handles it on the shop's behalf" as the shop's service provider. Both parties remain APP entities responsible for their own obligations.
1. Roles and scope
- The shop determines why and how Customer Data is collected through its form and is responsible for having a lawful basis and for giving Customers the required notices and obtaining the required consents (including for health/sensitive information and for the Safety Flag).
- FormBody handles Customer Data only to provide the Service on the shop's behalf and in line with the shop's documented, lawful instructions (the Terms, this DPA, and the shop's configuration of the Service are those instructions).
- FormBody will tell the shop if, in its opinion, an instruction breaches the Privacy Act or APPs, though FormBody is not obliged to give the shop legal advice.
2. Nature and purpose of the handling
FormBody handles Customer Data to: render the shop's intake form; receive and route submissions to the shop's staff queue; surface safety information to staff; operate the cross-shop Safety Flag; and purge intake data on session completion. FormBody does not use Customer Data for its own purposes, does not sell it, and does not use it for advertising.
3. Categories of data and data subjects
- Data subjects: the shop's Customers (and, where a Customer provides them, their emergency contacts).
- Ephemeral intake data: name, contact details, date of birth (if enabled), health/sensitive information, body areas, preferences, and session notes. Health information is sensitive information under the APPs.
- Safety Flag data (retained): Customer name and phone number, and the shop that raised the flag. No reason and no health detail.
4. Retention and the purge model
- Ephemeral intake data is retained only while a visit is active and is permanently purged from FormBody's servers when the session is completed or the Customer is turned away. After purge, FormBody holds no health information, phone number, or clinical notes for that visit.
- Safety Flag data persists until removed by the platform operator (Section 8).
- On termination of the shop's account, FormBody deletes or returns Account Data as described in the Terms and Privacy Policy; the purge model and Safety Flag permanence continue to apply to Customer Data.
5. Confidentiality and personnel
FormBody ensures that personnel authorised to handle Customer Data are subject to confidentiality obligations and access it only as needed to provide the Service.
6. Security (APP 11)
FormBody takes reasonable technical and organisational measures appropriate to the risk, including: per-shop data isolation enforced at the database level (row-level security); authentication for hub and staff access; a separate cookie-based access boundary for staff devices scoped to a single shop and excluding billing; least-privilege access; and the minimal-retention (purge) model that limits data at rest. FormBody reviews these measures and improves them over time.
7. Sub-processors
The shop authorises FormBody to engage sub-processors to provide the Service. Current sub-processors:
| Sub-processor | Purpose | Location |
|---|---|---|
| Vercel | Application hosting and delivery | May include overseas infrastructure |
| Supabase | Database, authentication, storage | May include overseas infrastructure |
| Stripe | Subscription billing and payment processing | May include overseas infrastructure |
| SMS provider (if appointment messaging is enabled) | Sending appointment messages | Australia / as configured |
FormBody imposes data-protection obligations on its sub-processors consistent with this DPA and remains responsible for their performance. FormBody will give reasonable notice of any intended addition or replacement of a sub-processor; if the shop reasonably objects on data-protection grounds, the shop's remedy is to cancel before the change takes effect.
8. The Safety Flag (special handling)
The Safety Flag is Customer Data handled for a safety purpose and is subject to specific rules:
- It contains only name and phone number plus the raising shop; no reason or health detail is stored.
- It is shared across participating shops so staff can make an informed decision before treating a person.
- It is permanent until removed and removable only by the platform operator — not by any shop, including the one that raised it — so that a concern cannot be quietly erased.
- It functions as a prompt for a human decision, never an automatic refusal; the receiving shop may always proceed.
- A Customer's request to access or correct a flag concerning them is handled by FormBody directly, in line with the APPs (see the Privacy Policy).
The shop agrees to raise flags only in good faith on a genuine safety concern and never to harass, discriminate against, victimise, or retaliate against any person, and indemnifies FormBody for flags raised otherwise (as set out in the Terms).
9. Overseas disclosure (APP 8)
Where a sub-processor stores or processes personal information outside Australia, FormBody takes reasonable steps to ensure the handling is consistent with the APPs through the sub-processor's contractual terms and security commitments. The minimal-retention model means very little Customer personal information is held at any time.
10. Assistance to the shop
Taking into account the nature of the handling, FormBody will provide reasonable assistance to help the shop meet its own obligations, including in relation to Customer requests for access or correction that reach FormBody, and in relation to security and breach obligations. Because intake data is purged after each session, most Customer requests about intake data are directed to the shop; FormBody assists in reaching the right party.
11. Data breaches (NDB scheme)
FormBody will, without undue delay after becoming aware of a data breach affecting Customer Data it handles for the shop, notify the shop and provide information reasonably needed for the shop to assess the breach and meet its obligations under the Notifiable Data Breaches scheme. Where FormBody is itself required to notify the OAIC or affected individuals, it will do so in line with the scheme. Each party cooperates in good faith on containment, assessment, and any required notifications.
12. Return and deletion on termination
On termination or expiry of the shop's account, FormBody will delete or, where reasonably requested and technically practicable, return Account Data, and will apply the standard retention and purge model to Customer Data. Safety Flags persist as described in Section 8. FormBody may retain information where required by law, holding it under continued protection.
13. Audit and compliance
On reasonable written request and no more than once a year (unless required by a regulator or following a breach), FormBody will provide information reasonably necessary to demonstrate compliance with this DPA, subject to confidentiality and to protecting other shops' and Customers' data.
14. General
This DPA is governed by the same law and jurisdiction as the Terms. If any part is unenforceable, the rest continues. This DPA, the Terms, and the Privacy Policy are the entire agreement on their subject matter. Questions: enquiries@formbody.com.au.
Related: Terms of Service · Privacy Policy · © FormBody