Data Processing Agreement (DPA)

Effective Date: May 1st, 2025

This Data Processing Agreement (“Agreement”) is entered into between Ohana Tech, Inc. ("Processor") and the restaurant business entity ("Controller") that has subscribed to Ohana's services, and is incorporated by reference into Ohana's Terms of Service.

Purpose

This Agreement outlines the obligations of the parties in relation to the processing of personal data by Picko on behalf of the Controller, in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and relevant U.S. state privacy laws (e.g., CCPA where applicable).

Definitions

Personal Data: Any information relating to an identified or identifiable natural person.

‍Processing: Any operation performed on personal data, including collection, storage, use, disclosure, or deletion.

‍Data Controller: The party that determines the purposes and means of processing personal data.

‍Data Processor: The party that processes personal data on behalf of the controller.

Scope of Processing

Ohana will process personal data solely for the purpose of providing services as outlined in the Terms of Service, including:

Website hosting and design
Customer order and loyalty systems
Email and SMS communication tools
Payment and delivery integrations

Obligations of the Processor (Ohana Tech, Inc.)

Ohana Tech, Inc. agrees to:

Process data only on documented instructions from the Controller.
Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Ensure confidentiality, including by binding staff to confidentiality agreements.
Assist the Controller in fulfilling obligations related to data subject rights.
Notify the Controller of data breaches without undue delay.
Cooperate with regulatory authorities upon request.

Subprocessors

The Controller authorizes the use of subprocessors (e.g., AWS, Stripe, Uber) for supporting the service. A current list can be requested by email at support@pickohana.com. The Processor will ensure subprocessors are bound by data protection terms.

International Transfers

If data is transferred outside the U.S. or European Economic Area, O Tech, Inc. will ensure appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) or equivalent mechanisms.

Data Retention and Deletion

Upon termination of services, Ohana will delete or return all personal data, unless retention is required by law.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Contact US

Ohana Tech, Inc. dba Ohana
Email: support@pickohana.com
‍Website: https://pickohana.com