bitgati

Data Processing Agreement

Last updated: June 28, 2024

1. Introduction

This Data Processing Agreement ("DPA") forms part of the agreement between the customer ("Controller") and Bitgati ("Processor") for the provision of AI agent and automation services ("Services") that may involve the processing of personal data.

2. Definitions

Terms such as "Personal Data", "Processing", "Controller", "Processor" and "Data Subject" shall have the meaning given to them in applicable data protection laws, including the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), as applicable.

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 law.

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.

4. Security Measures

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.

5. Sub-processors

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.

6. 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.

7. Contact Information

For any questions regarding this DPA, please contact:

Email: dpa@bitgati.com
Address: 123 AI Avenue, Tech City, TC 12345