Data Processing Agreement

This Data Processing Agreement (“DPA”) outlines the obligations and roles of Boldbloomwebsolutions (designated as the “Data Processor”) and the individual or organization entering into this agreement (referred to as the “Data Controller”). This agreement takes effect from the date agreed upon by both parties (the “Effective Date”).

Responsibilities of the Data Controller

The Data Controller determines the reasons for collecting personal data and specifies how that data should be processed. They hold sole accountability for setting the purpose and methodology behind any data processing activities.

Duties of the Data Processor

As the Data Processor, Boldbloomwebsolutions is responsible for processing personal data solely as instructed by the Data Controller. Under no circumstances shall the Processor use the data for its own independent purposes.

Definition of Personal Data

“Personal Data” includes any details that can directly or indirectly identify an individual. This encompasses names, addresses, contact information, ID numbers, digital identifiers, or other identity-linked data.

Nature of Processing

The term “processing” encompasses all actions related to personal data, such as collection, storage, retrieval, modification, transmission, access, structuring, or deletion.

Data Security Responsibilities

To protect personal data, the Data Processor will maintain appropriate technical and organizational safeguards. These controls aim to prevent breaches, unauthorized handling, or any unlawful form of processing.

Confidentiality Assurance

All data handled by the Processor or its authorized staff will remain strictly confidential. No information may be shared with external parties without clear authorization unless legally mandated.

Data Subject Rights Assistance

The Data Processor will cooperate with the Data Controller in responding to any data subject requests. This includes requests to access, correct, delete, or restrict the use of their data, in line with applicable legal frameworks.

Breach Notification Protocol

In the event of a personal data breach, the Data Processor will promptly notify the Data Controller and act swiftly to minimize potential harm and reduce exposure.

Engagement of Subprocessors

Should the Data Processor need to involve subprocessors, prior written approval must be obtained from the Data Controller. All subprocessors must comply with the same terms and protective standards defined in this agreement.

Regulatory Compliance

Both parties agree to fully comply with all relevant data protection laws and regulatory frameworks, including those under the Information Technology Act and any applicable Indian legal provisions.

Audit and Inspection Rights

The Data Controller has the right to audit the Data Processor to ensure compliance with this DPA. Such audits will be scheduled in advance and carried out during standard business hours.

Post-Termination Data Handling

Upon expiration or termination of this agreement, the Data Processor will either delete or return the personal data, as instructed by the Data Controller, unless legal retention obligations require otherwise.

Data Retention Standards

Personal data will only be preserved for as long as needed to meet its intended purpose or to comply with legal mandates. Once the data is no longer necessary, it will be securely deleted or irreversibly anonymized.

Obligation to Notify of Changes

The Data Processor agrees to inform the Data Controller of any new legal or regulatory developments that could impact data processing responsibilities or rights under this agreement.

Liability and Remedies

Liability of each party will be managed under the terms of their broader contractual relationship. Any violations of this DPA will be addressed in accordance with the primary agreement.

Indemnity Clause

The Data Processor agrees to compensate the Data Controller for any liabilities, legal actions, or penalties resulting from violations of this DPA or applicable data protection legislation.

Governing Legislation

This agreement will be interpreted and enforced under the laws of India, without consideration of conflicting legal principles.

Agreement Modifications

Any changes to this DPA must be recorded in writing and formally accepted by both the Data Controller and Data Processor.

By entering into this agreement, both parties affirm their comprehension and acceptance of the responsibilities and conditions detailed herein, effective from the agreed-upon date.