Data Processing Agreement
Our Data Processing Agreement page articulates the terms and conditions that govern the processing of personal data. The core objective of this agreement is to establish a transparent and comprehensible framework for the management and protection of your personal information. With a paramount focus on safeguarding your rights and interests, this agreement serves as a cornerstone for ensuring the privacy and security of your personal data. Through clear delineation of roles and responsibilities, this document aims to foster clarity and accountability in the data processing process.
Role of Data Controller:
The Data Controller assumes a pivotal role in determining the purposes and methodologies employed in processing personal data within the context of our payment gateway services. Tasked with the collection and processing of specific categories of personal data integral to payment transactions, the Data Controller operates in strict adherence to pertinent data protection laws and regulations. Upholding a steadfast commitment to protecting your personal information, the Data Controller is tasked with defining the lawful basis for processing, instituting robust data protection policies, and promptly addressing data subject requests as stipulated within this Data Processing Agreement.
Duties of the Data Processor:
The Data Processor assumes a critical role in the processing of personal data on behalf of the Data Controller, meticulously adhering to the stipulated purposes outlined within this agreement. With a steadfast commitment to data protection, Data Processors operate in strict compliance with applicable data protection laws and regulations, prioritizing the security and confidentiality of entrusted data.
Definition and Scope of Personal Data:
Defined within this Data Processing Agreement, personal data encompasses any information that pertains to an identified or identifiable natural person. Our payment gateway services may entail the processing of personal data such as names, contact details, financial information, and transactional records. This agreement delineates the precise and legitimate purposes for which personal data may be processed, underscoring our unwavering dedication to data protection and management.
Comprehensive Processing Activities:
Encompassing a wide array of actions and operations, the Data Processing Agreement comprehensively addresses all facets of personal data processing within the context of our payment gateway services. These activities span the entire data lifecycle, including collection, recording, organization, storage, retrieval, utilization, disclosure, and deletion of personal data. Guided by stringent data protection laws and regulations, the Data Controller ensures that personal data is processed exclusively for lawful and predefined purposes, ensuring transparency and accountability in all processing activities.
Ensuring Data Security:
To fortify the protection of personal data processed within our payment gateway services, we have implemented a robust suite of security measures. These measures encompass encryption, access controls, firewalls, and regular security assessments aimed at thwarting unauthorized access, disclosure, alteration, or destruction of personal data. Furthermore, our meticulous data breach response plan is geared towards safeguarding the privacy, integrity, and availability of personal data. Our workforce is adeptly trained in data protection best practices, and we undertake regular security audits to assess the efficacy of our security mechanisms.
Commitment to Confidentiality:
Confidentiality serves as a foundational tenet of this Data Processing Agreement, underscoring our unwavering commitment to preserving the privacy of entrusted personal data. We ensure that only authorized personnel have access to personal data, and our employees and subcontractors involved in data processing are bound by stringent confidentiality agreements. This agreement emphasizes that the obligation of confidentiality extends across all stages of data processing, encompassing collection, storage, transmission, and eventual deletion.
Compliance with Data Subject Rights:
Aligned with pertinent data protection regulations, data subjects are bestowed with certain rights pertaining to the processing of their personal data. These rights include the ability to access, rectify, and erase personal data, as well as the right to restrict or object to specific processing activities. Data subjects are also entitled to receive their personal data in a structured, commonly used, and machine-readable format whenever feasible. As per the stipulations of this agreement, we are committed to promptly addressing any requests submitted by data subjects, thereby facilitating the exercise of their rights.
Swift Data Breach Response Plan:
To effectively tackle any potential data breaches, we have devised a meticulous data breach response plan. This plan entails a swift identification and assessment of the breach, followed by prompt notification to the relevant authorities and communication with affected data subjects, if warranted. Employing a multi-faceted approach, we take all necessary measures to mitigate data breaches, including implementing remedial actions and thwarting further unauthorized access to uphold the sanctity of personal data.
Sub-processing Procedures:
In adherence to the tenets of this Data Processing Agreement, we reserve the right to enlist sub-processors to aid us in the processing of personal data within the framework of our payment gateway services. Our selection of sub-processors is governed by a stringent assessment process, ensuring their compliance with the robust data protection standards and obligations delineated in this agreement. As mandated by applicable data protection laws, the engagement of sub-processors necessitates prior written consent from the Data Controller to ensure regulatory adherence.
Compliance with International Data Transfers:
In instances where personal data is processed or stored beyond the jurisdiction of the Data Controller, international data transfers may be necessitated. All international data transfers are conducted in strict compliance with pertinent data protection laws, including the implementation of requisite safeguards as deemed necessary. These safeguards may include standard contractual clauses, binding corporate rules, and data protection mechanisms endorsed by relevant data protection authorities, thereby facilitating secure and lawful data transfers across borders.
Audit Authorization:
In accordance with this Data Processing Agreement and pertinent data protection legislations, the Data Controller maintains the authority to conduct audits of our data processing operations. Requests for audits must be formally submitted in writing, elucidating the scope, objectives, and timeframe of the audit. We pledge to collaborate fully with the Data Controller's audit initiatives, facilitating access to pertinent documentation and information. Throughout the auditing process, we strive to minimize operational disruptions while upholding principles of transparency and accountability.
Data Purging Protocol:
Our payment gateway services adhere to a rigorous data purging protocol, wherein personal data is retained only for the duration necessary to fulfill the objectives outlined in this Data Processing Agreement. Upon the lapse of the designated data retention period or at the directive of the Data Controller, we undertake the secure and comprehensive deletion of personal data, including all associated copies and backups. Stringent safeguards are implemented to ensure the secure eradication of data, mitigating the risk of inadvertent or unauthorized destruction, loss, alteration, or disclosure.
Data Preservation Strategy:
The retention of payment gateway data is governed by a meticulously crafted data preservation strategy, whereby personal data is retained solely for the duration requisite to achieve the objectives outlined in this Data Processing Agreement. The duration of data retention is contingent upon various factors, including specific processing activities, regulatory mandates, and directives from the Data Controller. To curtail data proliferation, personal data is systematically expunged or anonymized promptly upon cessation of its necessity for the defined purposes.
Notification Obligations:
We uphold a steadfast commitment to promptly notify the Data Controller of any data breach that poses a risk to the rights and freedoms of data subjects. These notifications will encompass comprehensive details concerning the breach, its potential impact, and the remedial measures undertaken or proposed to mitigate its effects. In our efforts to address the breach and prevent its recurrence, we pledge full cooperation with the Data Controller throughout the breach resolution process.
Liability Limitations:
In strict adherence to applicable data protection laws, this Data Processing Agreement outlines the limitations of our liability. We undertake the processing of personal data solely in accordance with the instructions provided by the Data Controller and the obligations set forth in this agreement. Our agents or we shall not be held liable for any indirect, incidental, special, or consequential damages resulting from the processing of personal data, including, but not limited to, lost profits, revenue, or data. Furthermore, our liability is contingent upon the Data Controller's adherence to their obligations as prescribed under data protection laws and regulations.
Indemnification Provision:
The Data Controller assumes responsibility for indemnifying and shielding the Data Processor from any claims, losses, or liabilities arising from breaches of their obligations. This indemnity encompasses legal fees, costs, and expenses incurred by the Data Processor in defending against such claims or liabilities. The Data Controller's indemnification obligation extends to breaches of data protection laws, unauthorized processing, or failure to adhere to this agreement. Upon identification of potential claims, the Data Processor is obliged to promptly notify the Data Controller to facilitate appropriate remedial actions.
Jurisdictional Governance:
This Data Processing Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of Indian courts.
Modifications to the Agreement:
In alignment with the evolution of data protection laws and business practices, we retain the prerogative to modify and update this Data Processing Agreement. Any amendments to this agreement will be conveyed to the Data Controller in writing or electronically, with reasonable advance notice provided wherever feasible. Failure by the Data Controller to raise objections within a reasonable timeframe will result in the acceptance of the revised terms.
