Data Processing Agreement
This Data Processing Agreement ("DPA") is an agreement between AUTOMATIONS LIMITED AI ("Processor") and the user of our SMS marketing sender application ("Controller") who has agreed to our Terms of Service. This DPA governs the processing of personal data by the Processor on behalf of the Controller in connection with the use of our Service.
1. Definitions
For the purposes of this DPA:
• "Personal Data" means any information relating to an identified or identifiable natural person.
• "Processing" means any operation or set of operations performed on Personal Data.
• "Sub-processor" means any third party engaged by the Processor to process Personal Data.
2. Scope of Processing
The Processor will process Personal Data on behalf of the Controller for the purpose of providing the Service as described in the Terms of Service. The processing activities include collecting, storing, using, and deleting Personal Data as necessary to perform the Service.
3. Controller's Obligations
The Controller is responsible for ensuring that:
• The Personal Data has been collected in accordance with applicable data protection laws.
• Appropriate consents and permissions have been obtained from data subjects.
• Instructions provided to the Processor are lawful and comply with applicable data protection laws.
4. Processor's Obligations
The Processor agrees to:
• Process Personal Data only on documented instructions from the Controller.
• Ensure that personnel authorized to process Personal Data have committed to confidentiality.
• Implement appropriate technical and organizational measures to ensure the security of Personal Data.
• Assist the Controller in fulfilling its obligations to respond to data subjects' requests and to comply with data protection laws.
• Delete or return all Personal Data to the Controller upon termination of the Service, unless otherwise required by law.
5. Sub-processing
The Controller authorizes the Processor to engage Sub-processors to assist in providing the Service. The Processor will ensure that any Sub-processor is bound by data protection obligations consistent with this DPA. The Processor will remain liable for the actions of its Sub-processors.
6. Data Subject Rights
The Processor will assist the Controller in responding to requests from data subjects to exercise their rights under applicable data protection laws, including rights of access, rectification, erasure, and data portability.
7. Security Measures
The Processor will implement and maintain appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
8. Data Breach Notification
The Processor will notify the Controller without undue delay upon becoming aware of a data breach affecting Personal Data. The notification will include sufficient information to allow the Controller to meet any obligations to report or inform data subjects of the data breach.
9. Audit Rights
The Controller has the right to audit the Processor's compliance with this DPA, either directly or through an independent auditor. The Processor will provide all necessary information and assistance to facilitate such audits.
10. International Data Transfers
The Processor will ensure that any international transfers of Personal Data comply with applicable data protection laws, including by implementing appropriate safeguards such as Standard Contractual Clauses or binding corporate rules.
11. Duration and Termination
This DPA will remain in effect for as long as the Processor processes Personal Data on behalf of the Controller. Upon termination of the Service, the Processor will, at the Controller's choice, delete or return all Personal Data, unless otherwise required by law.
12. Governing Law
This DPA shall be governed by and construed in accordance with the laws of UK, without regard to its conflict of law principles.
13. Contact Us
If you have any questions about this DPA, please contact us at [email protected].