Privacy Battles
Matomo
Privacy Score
94
%
⚔️
Fathom
Privacy Score
94
%

Designated DPO or GDPR correspondent

Compliant
Partially Compliant
Not Compliant

DPO is external. It is ePrivacy GmbH who can be reached on privacy@matomo.org or by post.

Compliant
Partially Compliant
Not Compliant

A DPO is said to be designated but no direct contact or identity was found on Fathom’s website and policies.

Privacy Policy

Compliant
Partially Compliant
Not Compliant
Compliant
Partially Compliant
Not Compliant

Regarding cloud and website: https://usefathom.com/privacy

Country & Type of Data storage

Compliant
Partially Compliant
Not Compliant

Company Headquarters:
New Zealand 🇳🇿

Storage Facilities:
Servers, databases and logs are hosted in Frankfurt, Germany (cloud provider is AWS New Zealand). Offsite backups are stored in Dublin, Ireland.

Possibility to host Matomo Analytics on client premises.

Compliant
Partially Compliant
Not Compliant

Company Headquarters:
Canada 🇨🇦

Storage Facilities:
EU traffic is processed by German cloud provider Hetzner in Germany and Iceland.

EU residents’ personal data is pseudonymized before being transferred on US servers (cloud provider is AWS), except if option « Extreme EU isolation » is contracted by the controller which ensures data stays in the European Union.

Data transfers outside the EU

Compliant
Partially Compliant
Not Compliant

The adequate level of protection in New Zealand has been approved by the European Commission.

Every transfer of personal data by Matomo to a country which is not a member state of either the EU or the EEA is submitted to prior consent of the controller.

Compliant
Partially Compliant
Not Compliant

The adequate level of protection in Canada has been approved by the European Commission.

However, Fathom doesn’t transfer data to Canada but to the US after it being pseudonymized.

If chosen by the controller, Fathom option “Extreme EU isolation” ensures data is never transferred outside the EU.

Legal tools for Subcontractors

Compliant
Partially Compliant
Not Compliant

Subcontractors are subjects to written agreements substantially similar to Matomo’s DPA: https://fr.matomo.org/matomo-cloud-dpa/

Matomo has made public its list of subprocessors: https://fr.matomo.org/matomo-cloud-privacy-policy/

Prior to modifying the list of subprocessors, the controller will be notified by email and is able to object.

Compliant
Partially Compliant
Not Compliant

Subcontractors are subjects to written agreements substantially similar to Fathom’s DPA: https://usefathom.com/dpa

Fathom has made public its list of subprocessors: https://usefathom.com/dpa

Prior to modifying the list of subprocessors, the controller will be notified by email and is able to object.

Fathom conducts risk assessments for every data processor used.

Data Breach Notification

Compliant
Partially Compliant
Not Compliant

In case of data breach, Matomo will inform without undue delay the controller by email and provide a description of the incident as well as periodic updates, including the impact on the controller.

Compliant
Partially Compliant
Not Compliant

In case of a data breach, Fathom will notify the controller without undue delay after becoming aware of the breach, and assist the controller in providing necessary information.

Right Requests Process

Compliant
Partially Compliant
Not Compliant

Data request will be forwarded to the controller without delay.

Compliant
Partially Compliant
Not Compliant

Reasonable assistance will be provided for the fulfilment of the controller’s obligation to respond to data subjects' right requests.

Data Privacy Impact Assessment

Compliant
Partially Compliant
Not Compliant

Matomo will provide assistance to the controller for DPIAs.

Compliant
Partially Compliant
Not Compliant

Fathom explains conducting DPIAs on its processing activities but doesn’t mention assistance to controller if needed.

Employee Trainings

Compliant
Partially Compliant
Not Compliant

All employees required to access the personal data are deemed informed of the confidential nature of the personal data.

Compliant
Partially Compliant
Not Compliant

Persons authorized to process the personal data are subject to confidentiality obligations.

Security Policy

Compliant
Partially Compliant
Not Compliant

Matomo doesn’t mention having a security policy.

Compliant
Partially Compliant
Not Compliant

Fathom mentions having a security policy but has not made it public.

Organizational and Technical Security Measures

Compliant
Partially Compliant
Not Compliant

Server security:
Cloud security relying on Amazon New Zealand.

Other measures:
Users authentication, authorization management, virtual private cloud implementation, firewall rules, bug bounty program, security trainings for employees, encrypted data in transit (HTTPS) and at rest, access journaling and alerting, security incidents tracking, replication of data backups.

Compliant
Partially Compliant
Not Compliant

Fathom mentions having a security policy but has not made it public.

Data Encryption

Compliant
Partially Compliant
Not Compliant

Data is encrypted in transit (HTTPS) and at rest.

Compliant
Partially Compliant
Not Compliant

Fathom mentions data encryption but doesn’t precisely says if data is encrypted at rest or in transit.

Restriction of access

Compliant
Partially Compliant
Not Compliant

A subset of employees has access to the products and to personal data via controlled interfaces. Access is enabled through “just in time” requests for access; all such requests are logged.

Backend production environment is accessible by a dedicated group of Privileged Users approved by senior management. Privileged Users may only access backend production environment via a bastion host (2 factor authentication and SSH to log in).

Compliant
Partially Compliant
Not Compliant

Fathom only allows external access or processing of personal data in accordance with their instructions and only when strictly necessary (for instance, IT support).

Reuse of data

Compliant
Partially Compliant
Not Compliant

Matomo does not pursue its own purposes with this data processing.

Compliant
Partially Compliant
Not Compliant

Fathom only processes personal data pursuant to controller instructions.

Exemption of cookie consent

Compliant
Partially Compliant
Not Compliant

YES, if controller disables « cross domain tracking » and « third party cookies » functionalities.

Compliant
Partially Compliant
Not Compliant

YES, Fathom technology doesn’t require cookies.

Submission to Cloud Act/FISA

Compliant
Partially Compliant
Not Compliant

NO, when data is stored on controller premise.

NO, if controller enables data anonymization when using the Cloud solution.

Compliant
Partially Compliant
Not Compliant

NO, if controller selects “Extreme EU isolation” storage option. If not, data is only pseudonymized through SHA256 when transferred to Amazon US servers.