This Data Processing Agreement (“DPA”) establishes a legally binding framework between Ecomewise Innovations, hereinafter referred to as the “Data Processor,” and the entity agreeing to these terms, hereinafter referred to as the “Data Controller.” It governs how the Processor handles Personal Data in relation to the services provided.
Roles of the Parties
Scope of Processing
The Processor shall handle Personal Data solely for the following purposes:
Security Measures
The Processor shall implement appropriate technical and organizational measures, including but not limited to:
Personnel of the Processor shall maintain strict confidentiality and undergo training on data security best practices.
Data Subject Rights
The Processor shall assist the Controller in responding to Data Subject rights requests under applicable laws, including:
Subprocessors
The Processor shall not appoint any Subprocessor without prior written consent from the Controller. All approved Subprocessors must enter into written agreements imposing data protection obligations no less stringent than those outlined in this DPA.
Data Breach Notification
The Processor must notify the Controller within 24 hours of becoming aware of any Personal Data breach. The notification shall include:
Audit & Compliance
The Controller may, with reasonable notice, audit the Processor’s compliance with this DPA. The Processor shall provide access to relevant records, and policies.
Data Retention & Deletion
Personal Data shall be retained only for as long as necessary for payment processing and compliance with legal requirements. Upon termination of services, the Processor shall securely delete or return all Personal Data unless retention is legally required.
Legal & Regulatory Changes
The Processor shall promptly inform the Controller of any changes in law or regulations that could affect its ability to process Personal Data in accordance with this Agreement.
Liability & Indemnification
Each Party shall be responsible for damages arising from its breach of this Agreement. The Processor shall indemnify the Controller against fines, claims, or damages resulting from non-compliance with data protection obligations.
Governing Law & Dispute Resolution
This Agreement shall be interpreted in accordance with Indian law. Any disputes arising from this Agreement shall fall under the exclusive jurisdiction of Indian courts.
Amendments
Any changes or amendments to this Agreement must be documented in writing and signed by both Parties.
Acknowledgment and Acceptance
By entering into this Agreement, both Parties confirm their understanding of and agreement to the terms set forth in this Data Processing Agreement.
