Privacy Battles
Swetrix
Privacy Score
64
%
⚔️
Fathom
Privacy Score
94
%

Designated DPO or GDPR correspondent

Compliant
Partially Compliant
Not Compliant

Swetrix doesn't mention having a DPO or GDPR correspondent but has a privacy dedicated email contact available on its website: contact@swetrix.com.

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

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

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:

Ukraine

Storage Facilities:

Analytics data is stored in German by US cloud provider Cloudflare.

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

Data is deemed not transferred outside the EU.

If ever, Swetrix commits only to transferring personal data outside the EU if adequate security controls are in place.

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 the same protection level as set out in Swetrix’s Privacy Policy: https://swetrix.com/privacy 

Swetrix has made public its list of subprocessors: https://swetrix.com/privacy 

Swetrix doesn’t specify if written contracts are signed with subcontractors, nor if they inform controllers about adding a new subcontractor to the analytics service.

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

Swetrix doesn’t mention directly notifying controllers of a data breach in a determined delay, nor providing assistance to controllers to notify the breach to the Supervisory authority.

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

Swetrix doesn’t mention providing assistance to controllers in case of a data subject's right request.

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

Swetrix doesn’t specify having conducted DPIAs or providing assistance to controllers if needed.

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

Swetrix doesn't mention employee training or submission to NDAs.

Compliant
Partially Compliant
Not Compliant

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

Security Policy

Compliant
Partially Compliant
Not Compliant

Swetrix 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 Cloudflare.

Other measures:

Data pseudonymisation (salted hash), data backups, data encryption.

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).

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

Swetrix doesn’t mention any specific restrictions of access to personal data.

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

Swetrix doesn’t reuse personal data, nor sell it.

Compliant
Partially Compliant
Not Compliant

Fathom only processes personal data pursuant to controller instructions.

Exemption of cookie consent

Compliant
Partially Compliant
Not Compliant

YES, Swetrix analytics script is fully cookieless.

Compliant
Partially Compliant
Not Compliant

YES, Fathom technology doesn’t require cookies.

Submission to Cloud Act/FISA

Compliant
Partially Compliant
Not Compliant

NO, data is hashed and not stored on servers more than 30min.

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.