Privacy Battles
Visitor Analytics
Privacy Score
100
%
⚔️
Fathom
Privacy Score
94
%

Designated DPO or GDPR correspondent

Compliant
Partially Compliant
Not Compliant

Visitor Analytics has appointed a Data Protection Officer who can be contacted at the following address: dpo@visitor-analytics.io.

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.

Country & Type of Data storage

Compliant
Partially Compliant
Not Compliant

Company Headquarters:
Germany and Romania (EU)

Storage Facilities:
All analytics data is processed by German cloud provider Hetzner, in Germany.

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 never transferred outside the EU.

If ever, Visitor commits only to transferring personal data outside the EU if an adequate level of data protection is established.

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 providing the same protection level as set out in Visitor’s DPA: https://www.visitor-analytics.io/fileadmin/visitor-analytics/downloads/dpa/20210622_visitor-analytics_data-processing-agreement_en.pdf

Visitor has made public its of subprocessors: https://www.visitor-analytics.io/fileadmin/visitor-analytics/downloads/dpa/20210622_visitor-analytics_data-processing-agreement_en.pdf

Prior to adding new subprocessor or replacing an existing subprocessor, Visitor informs controllers and provides a reasonable deadline for them 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

Visitor commits to notify controllers without undue delay after becoming aware of a security incident, to assist controllers in fulfilling their notification and communication obligations, and to take appropriate measures to mitigate the possible adverse effect of the incident.

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

Visitor Analytics will notify the concerned controller promptly (maximum 5 working days) in writing of any communication received from a data subject relating to its rights and will assist the controller within the scope of its ability to fulfil the 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

Visitor assists controllers in ensuring compliance with their obligations in respect of DPIAs and prior consultation.

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

Visitor ensures all persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Compliant
Partially Compliant
Not Compliant

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

Security Policy

Compliant
Partially Compliant
Not Compliant

Visitor has obtained an ISO 27001 certification, for which a security policy is necessary.

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 Hetzner (CCTV, security team, physical access controls, etc.)

Other measures:
Regular data backup, IP address anonymisation (optional), intrusion detection controls, data encryption in transit, data access monitoring, authorization management, employee security training, firewalls, server redundancy, prohibition of permanent workstation storage of personal data.

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 encryption in transit (SSL).

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

Visitor allows access or processing of personal data  by employees for IT support and maintenance. The internal access to data (e.g., by employees) is regulated through the concept of least privilege.

A special script and encrypted keys are used to access personal data and audits are conducted to ensure controls are enforced.

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

Visitor Analytics is only providing data to each controller based on the Data Processing Agreement signed between the two parties and will not share personal data without the controller’s consent, except under certain limited circumstances, such as when required by law.

Compliant
Partially Compliant
Not Compliant

Fathom only processes personal data pursuant to controller instructions.

Exemption of cookie consent

Compliant
Partially Compliant
Not Compliant

YES, Visitor doesn’t collect unnecessary cookies.

Cookies collected relate to ignoring a data subject’s visit on a website.

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 stored in the EU by an European cloud provider.

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.