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Data Processing Agreement

Last updated: March 12, 2024

1. Introduction

This Data Processing Agreement ("DPA") forms part of the contract for services between CloudStreet AI Consulting ("Processor") and the client ("Controller") and applies to the processing of personal data by the Processor on behalf of the Controller.

2. Definitions

The terms "Controller", "Processor", "Data Subject", "Personal Data", "Processing", "Appropriate Technical and Organizational Measures", "Personal Data Breach" shall have the same meaning as in the EU General Data Protection Regulation (GDPR).

3. Processing of Personal Data

The Processor shall process Personal Data only on documented instructions from the Controller, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by Union or Member State law to which the Processor is subject; in such a case, the Processor shall inform the Controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

4. Confidentiality

The Processor shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

5. Security of Processing

The Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

  • The pseudonymization and encryption of Personal Data;
  • The ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
  • The ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
  • A process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

6. Sub-processing

The Processor shall not engage another processor without prior specific or general written authorization of the Controller. In the case of general written authorization, the Processor shall inform the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such changes.

7. Data Subject Rights

The Processor shall assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Controller's obligation to respond to requests for exercising the Data Subject's rights.

8. Personal Data Breach

The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data Breach. Such notification shall at least:

  • Describe the nature of the Personal Data Breach including where possible, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned;
  • Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
  • Describe the likely consequences of the Personal Data Breach;
  • Describe the measures taken or proposed to be taken by the Controller to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.

9. Deletion or Return of Personal Data

At the choice of the Controller, the Processor shall delete or return all the Personal Data to the Controller after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data.

10. Audit Rights

The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.

11. Contact Information

For any questions regarding this Data Processing Agreement, please contact:

Email: admin@cloudstreetai.dev