Last updated: 2026-10-22
Terminology: In this document, workspace and organisation mean your team’s isolated account in Patcherly—your subscription, team members, connected sites or apps (“targets”), and the data linked to that account. A user is an individual who signs in to Patcherly (workspace owner or invited team member). Individual user accounts belong to that organisation. Plan features means the capabilities and limits included with your subscription tier (for example monthly fix limits, number of targets, auto-analysis, and auto-apply), as shown on our pricing page and in your dashboard.
This Data Processing Agreement (“DPA”) is entered into between the customer that accepts the Patcherly Terms of Service (“Customer,” “Controller”) and Shambix di Jany-Laurence Martelli (“Shambix,” “Processor”), which provides the Patcherly service (Patcherly is a brand of Shambix). By registering for Patcherly and accepting the Terms of Service (including the mandatory acceptance of this DPA), Customer agrees to this DPA. If you are agreeing on behalf of an entity, you represent that you have authority to bind that entity.
To the extent that Shambix processes personal data on behalf of Customer in connection with the Patcherly service, Shambix does so as a Processor and Customer is the Controller (or a processor acting on behalf of a controller). This DPA applies only to that processing and to the extent required by applicable data protection law (e.g. GDPR).
Shambix will process personal data only on Customer’s documented instructions (as set out in the Terms of Service, this DPA, and Customer’s use of the Service). Customer instructs Shambix to process personal data: (a) to provide the Patcherly service and support; (b) as necessary to comply with applicable law; and (c) as otherwise agreed in writing. Customer is responsible for ensuring that its instructions comply with applicable law. Shambix will not process personal data for any other purpose unless required by law.
Categories of data subjects: Customer’s users and staff (account holders, dashboard users); and end users of Customer’s applications whose data may be reflected in error logs or context processed by the Service.
Categories of personal data: Account and profile data (e.g. email, name, address, billing-related identifiers; optional linked Sign in with Google or GitHub identity fields as described in the Privacy Policy); usage and technical data (e.g. IP address, access logs); OAuth metadata for optional hosted MCP connections; and Service Data that may contain personal data (e.g. error messages, tracebacks, limited code context, suggested patches) as read from Customer’s environments by Patcherly-provided connector software installed per Processor’s instructions and transmitted to the Service (reflecting logs or output generated by Customer’s applications and infrastructure). Operational telemetry and audit records in the operational data store are keyed by pseudonymous technical identifiers (e.g. internal organisation and target IDs) without storing Customer users’ email or name in those operational records, as described in the Privacy Policy. Customer must not submit sensitive/special category data to the Service except as permitted by the Terms and Privacy Policy.
Purpose and duration: Processing is performed for the purpose of providing the Patcherly service and support for the duration of the subscription and as needed thereafter for deletion/return and legal obligations.
Shambix will implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or alteration, in line with the level of risk. Shambix will ensure that persons authorised to process personal data are bound by confidentiality. Shambix separates storage of primary account/profile data from operational service data (errors, metrics, fix workflow) to reduce exposure, as summarised in the Privacy Policy. Further details are described in the Terms and Privacy Policy.
Customer authorises Shambix to engage subprocessors (e.g. hosting, payment, email, AI providers, consent management) to perform processing on Shambix’s behalf. Shambix will ensure that subprocessors are bound by terms that protect personal data to a standard consistent with this DPA. Shambix remains responsible for subprocessor compliance. A list of key subprocessors and data flows is published in our Subprocessors and data flows page. Shambix will inform Customer of any new or replacement subprocessor with reasonable notice; Customer may object on reasonable grounds relating to data protection. If the objection cannot be resolved, Customer may terminate the affected part of the Service or the subscription as the sole remedy.
Personal data may be processed in the EEA and in countries outside the EEA (e.g. United States). Where Shambix transfers personal data outside the EEA, it will do so in accordance with applicable law, including (where required) by using Standard Contractual Clauses approved by the European Commission or other recognised transfer mechanisms. Customer may request further information about transfer safeguards.
Shambix will assist Customer in responding to requests from data subjects (e.g. access, rectification, erasure, restriction, portability) and in ensuring compliance with Customer’s obligations regarding data protection impact assessments and prior consultation with supervisory authorities, to the extent reasonably required and at Customer’s expense. Customer can use the “Download my data” and “Delete my account” features in the Patcherly dashboard to support data subject rights where the data is held in the Service.
Shambix will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer’s data. The notification will describe the nature of the breach, the categories and approximate number of data subjects and records concerned, and the measures taken or proposed to address the breach. Shambix will also provide such further information as reasonably requested. Customer is responsible for fulfilling any notification obligations to data subjects or authorities.
At the end of the subscription or upon Customer’s request, Shambix will delete or return personal data in accordance with Customer’s instructions and applicable law, unless Shambix is required to retain data by law. Customer is responsible for exporting any data it wishes to keep before the end of the subscription.
End-user-initiated account deletion is described in the Privacy Policy: the account is deactivated and queued for permanent deletion; hard deletion from Patcherly’s primary account systems is completed within a maximum of seven (7) business days unless a longer period is required by law. Invited team members who do not own a workspace delete only their personal login; Customer workspaces they joined remain intact. Workspace owners must delete extra owned workspaces before account deletion when they own more than one.
What may still exist after hard deletion: (a) Disaster-recovery backups of Patcherly’s own service data—not connector pre-apply file backups on Customer’s environment, which are created and kept only on Customer’s environment and are never transmitted to Patcherly—may retain copies of account and configuration data until those backup files expire (by default up to approximately ninety (90) days), as set out in the Privacy Policy; in-app notifications are age-pruned after approximately ninety (90) days and are not retained in full MongoDB disaster-recovery dumps; (b) operational records in the operational data store (errors, analyses, audit logs, patch outcomes), keyed by pseudonymous identifiers, may be retained until permanent deletion approximately one hundred and eighty (180) days after finalization of deletion; (c) AI-usage records (token counts and cost per provider/model), keyed by pseudonymous identifiers, may be retained until permanent deletion approximately seven hundred and thirty (730) days (about two years) after finalization of deletion; (d) aggregated metrics may continue to reference pseudonymous identifiers indefinitely, as set out in the Privacy Policy; (e) service-wide anonymised patch-quality aggregates (success / rollback rates and AI-confidence trends grouped only by categorical attributes such as language, framework, error category, and calendar month) are retained indefinitely and are not deleted on account deletion; by design they contain no workspace, user, error, or target identifier and no personal data within the meaning of the GDPR, as set out in the Privacy Policy §4; (f) service-wide anonymised AI-usage aggregates (cost in USD and token counts per AI provider / model / key source / target category / calendar month) are likewise retained indefinitely and are not deleted on account deletion or when the underlying per-workspace AI-usage records are deleted at the end of the standard seven hundred and thirty (730) day retention window; by design they contain no workspace, user, error, target, prompt, or completion identifier and no personal data within the meaning of the GDPR, as set out in the Privacy Policy §4.
Shambix will make available to Customer such information as is reasonably necessary to demonstrate compliance with this DPA. Customer may request a summary of relevant audit reports (if any) subject to confidentiality. Customer may exercise audit rights through such information and, where required by law, by conducting an audit (once per year, with reasonable notice and subject to confidentiality), at Customer’s expense.
This DPA is governed by the laws of Italy. Any disputes are subject to the exclusive jurisdiction of the courts of Florence, Italy.
Processor: Shambix di Jany-Laurence Martelli, Via Tornabuoni 4, 50125 Firenze, Italy. For data protection or DPA inquiries: [email protected]. By registering for Patcherly and accepting the Terms of Service (including the mandatory checkbox for this DPA), you agree to this Data Processing Agreement.