Data Processing Agreement

This Data Handling and Processing Agreement outlines the essential guidelines and obligations that govern the processing of personal data by our organization. The primary purpose of this agreement is to provide a comprehensive, transparent framework that ensures the safe management and protection of personal information. We prioritize safeguarding your rights, with a strong emphasis on ensuring that your data is processed responsibly and securely. Through a clear assignment of roles and responsibilities, this agreement establishes accountability at every step, fostering a trustworthy environment for all data processing activities.

 

RESPONSIBILITIES AND OBLIGATIONS OF THE DATA CONTROLLER

As the Data Controller, we hold the primary responsibility for determining how personal data is processed, including the purposes for which such data is collected and the specific methods used. In the context of our payment gateway services, we handle the collection, use, and management of various categories of personal data necessary for processing transactions. This includes, but is not limited to, customer names, contact details, and financial information.

 

The Data Controller is responsible for ensuring that all data is processed in compliance with relevant data protection laws and regulations. This involves establishing and maintaining a lawful basis for processing personal data, creating and enforcing internal data protection policies, and adhering to transparency obligations by informing individuals about how their data is used.

 

Moreover, the Data Controller is tasked with responding to any requests made by data subjects under applicable laws, such as requests for data access, correction, deletion, or restriction of processing. These requests must be handled promptly, as outlined within this agreement, ensuring compliance with legal obligations regarding the handling of personal information.

 

DUTIES AND RESPONSIBILITIES OF THE DATA PROCESSOR

 

The Data Processor, acting under the direction of the Data Controller, plays a critical role in the practical implementation of data processing activities. The Data Processor’s main duty is to process personal data only for the purposes specified by the Data Controller, as stated in this agreement. The Data Processor is bound to comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and other local data protection frameworks.

 

The Data Processor must take all necessary measures to protect the security and confidentiality of the data, ensuring that personal information is not unlawfully accessed, altered, or disclosed. These obligations extend to ensuring that the data is processed only by authorized personnel who have been trained in data protection protocols. The Data Processor is also required to assist the Data Controller in responding to data subject requests or any data breaches, ensuring that prompt and effective measures are taken to protect the rights of individuals.

 

DEFINITION AND SCOPE OF PERSONAL DATA

 

Personal data, as defined in this Data Handling and Processing Agreement, refers to any information that can be used to identify an individual, either directly or indirectly. This can include a range of data types, such as names, addresses, identification numbers, online identifiers, and other specific information about a person’s physical, physiological, genetic, mental, economic, cultural, or social identity.

 

In the context of our payment gateway services, the personal data that we process may include, but is not limited to, customer names, contact details (such as phone numbers and email addresses), payment card information, transaction records, and any other data necessary to facilitate the smooth processing of financial transactions. Our processing of this data is strictly limited to the legitimate purposes outlined in this agreement, and we remain committed to handling this data in a manner that prioritizes privacy and security.

 

DATA PROCESSING ACTIVITIES AND OPERATIONS

 

The scope of data processing activities covered under this agreement is extensive, involving a range of actions that occur throughout the data lifecycle. These actions include the collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, and, where applicable, disclosure of personal data to authorized third parties.

 

Each stage of the processing operation is conducted in accordance with stringent data protection laws, and the Data Controller ensures that personal data is processed only for legitimate and predefined purposes. The data processing activities associated with our payment gateway services are essential for the execution of payment transactions, fraud prevention, customer service support, and compliance with legal obligations. Every effort is made to maintain transparency, providing clear information about how and why personal data is processed at each step of the transaction process.

 

ROBUST DATA SECURITY MEASURES

 

We recognize that data security is of paramount importance, and as such, we have implemented a comprehensive suite of security measures designed to safeguard personal data throughout the processing lifecycle. These measures include:

 

Encryption:
All personal data transmitted or stored is encrypted using industry-standard encryption algorithms to ensure that data remains secure and protected from unauthorized access.

 

Access Controls:
Strict access control mechanisms are in place to ensure that only authorized personnel can access sensitive personal data. Access is granted based on role-specific requirements and is regularly reviewed to prevent unauthorized access.

 

Firewalls and Intrusion Detection Systems:
Our network is protected by advanced firewalls and intrusion detection systems that actively monitor for any suspicious activity, helping to prevent unauthorized access or data breaches.

 

Regular Security Audits:
We conduct regular security assessments and audits to evaluate the effectiveness of our security protocols. Any vulnerabilities identified are promptly addressed through corrective actions.

 

Incident Response Plan:
In the event of a data breach, we have a well-defined incident response plan that ensures swift identification, containment, and remediation of the breach. Affected parties, including regulatory authorities, are promptly notified as required by law.

 

By implementing these security measures, we strive to protect the confidentiality, integrity, and availability of personal data throughout its processing journey.

 

CONFIDENTIALITY COMMITMENTS

 

Confidentiality is a fundamental principle of our data processing operations. We are fully committed to ensuring that the personal data entrusted to us is treated with the utmost discretion and care. Only personnel who are authorized and have received appropriate training in data protection practices have access to personal data, and they are required to maintain the confidentiality of this data at all times.

 

We also extend this confidentiality commitment to any subcontractors or third-party service providers involved in data processing. These parties are required to sign strict confidentiality agreements that legally bind them to protect the personal data they process on our behalf.

 

Moreover, this confidentiality obligation continues beyond the termination of this agreement, ensuring that personal data is kept secure and confidential at all times, including during collection, processing, storage, and eventual deletion.

 

PROTECTION OF DATA SUBJECT RIGHTS

 

Data subjects—the individuals to whom personal data relates—are granted certain rights under applicable data protection laws. These rights include:

 

Right to Access:
Individuals have the right to request access to their personal data and obtain information about how it is being processed, including the purposes of processing, the categories of data processed, and the recipients of the data.

 

Right to Rectification:
If the personal data we process is inaccurate or incomplete, individuals have the right to request corrections or updates.

 

Right to Erasure (Right to be Forgotten): Under certain conditions, individuals have the right to request the deletion of their personal data, particularly if the data is no longer necessary for the purposes for which it was collected, or if the individual has withdrawn consent.

 

Right to Restriction of Processing:
Data subjects may request that we limit the processing of their data in certain situations, such as if the data is inaccurate or if processing is unlawful.

 

Right to Data Portability:
Individuals have the right to request a copy of their personal data in a structured, commonly used, and machine-readable format, allowing them to transfer their data to another data controller if desired.

 

Right to Object:
Individuals can object to the processing of their personal data in certain circumstances, particularly if the data is being processed for direct marketing purposes or based on legitimate interests.

 

We are committed to facilitating the exercise of these rights and will respond to any data subject requests promptly and in accordance with applicable laws.

 

SUB-PROCESSORS AND THIRD-PARTY INVOLVEMENT

 

In some instances, we may engage third-party service providers, known as sub-processors, to assist with certain aspects of data processing. These sub-processors are carefully selected based on their ability to comply with the data protection standards outlined in this agreement. Before engaging any sub-processor, we seek prior written consent from the Data Controller.

 

Sub-processors are bound by contractual obligations to adhere to the same data protection and confidentiality standards that we follow. They are also subject to regular audits to ensure ongoing compliance with these requirements. Any transfer of personal data to a sub-processor is conducted in strict accordance with data protection laws, ensuring that personal data remains protected at all times.

 

DOMESTIC DATA TRANSFERS

 

In some cases, personal data may need to be transferred across borders, particularly when our payment gateway services are provided domestically. We ensure that all domestical data transfers comply with the strictest legal requirements, including implementing safeguards such as standard contractual clauses, binding corporate rules, or other data protection mechanisms endorsed by relevant regulatory authorities.

 

These safeguards are designed to ensure that personal data remains protected, regardless of where it is processed or stored. We are committed to maintaining the highest level of data protection, even when personal data is transferred beyond the jurisdiction of the Data Controller.

 

DATA RETENTION AND DELETION POLICIES

 

Our data retention policy ensures that personal data is only retained for as long as necessary to fulfill the purposes outlined in this agreement. Once the data is no longer needed, or upon the instruction of the Data Controller, we implement secure deletion procedures to ensure that all copies of the data, including backups, are permanently erased.

 

We adhere to strict data deletion protocols, utilizing secure methods to prevent any risk of unauthorized access, alteration, or recovery of deleted data. Additionally, our data preservation strategy ensures that personal data is either anonymized or expunged promptly once it is no longer required for the defined processing purposes.

 

NOTIFICATION OF DATA BREACHES

 

In the unfortunate event of a data breach that may pose a risk to the rights and freedoms of individuals, we are obligated to notify the Data Controller without undue delay. We will provide comprehensive information about the breach, including its nature, the categories of data affected, and the steps taken to mitigate the breach.

 

Our breach notification obligations are in line with regulatory requirements, ensuring that relevant authorities and affected data subjects are informed in a timely manner. We are committed to fully cooperating with the Data Controller throughout the incident response process to minimize any potential harm to individuals.

 

LIABILITY AND INDEMNIFICATION

 

The parties to this Data Handling and Processing Agreement agree to mutual limitations of liability, ensuring that each party is only liable for damages directly attributable to their respective actions. The Data Processor is not liable for indirect or consequential damages, including lost profits or data.

 

The Data Controller agrees to indemnify and hold the Data Processor harmless from any claims, liabilities, or losses arising from breaches of their responsibilities under this agreement. This includes legal costs and expenses incurred as a result of such breaches. Should any claim arise, the Data Processor will promptly notify the Data Controller, ensuring full cooperation in addressing the issue.

 

GOVERNING LAW AND JURISDICTION

 

This agreement is governed by the laws of India, and any disputes arising from or related to this agreement shall be resolved exclusively by the courts of India. Both parties agree to submit to the jurisdiction of these courts in the event of any legal disputes or proceedings.

 

MODIFICATIONS TO THE AGREEMENT

 

We reserve the right to make changes to this Data Handling and Processing Agreement to reflect updates in legal or business practices. Any modifications will be communicated to the Data Controller in advance, providing reasonable notice. Failure to object to the changes within the specified period will be deemed acceptance of the revised terms.