This Data Processing Agreement ("DPA") establishes a legally binding framework between Quentech Soft ("Data Processor") and the entity accepting these terms ("Data Controller"), effective as of (Effective Date).
The Data Controller is responsible for defining the objectives and legal basis for processing personal data and ensuring compliance with relevant data protection laws.
The Data Processor is engaged by the Data Controller to process personal data strictly in accordance with the Controller’s instructions and applicable regulations.
As per data protection regulations, "personal data" refers to any information that can be used to identify an individual, either directly or indirectly.
Processing includes activities such as data collection, organization, storage, modification, retrieval, transmission, and deletion, as directed by the Data Controller.
The Data Processor must implement technical and organizational security measures to protect personal data against unauthorized access, loss, or disclosure.
All personal data must be treated as confidential. The Data Processor and its personnel are prohibited from disclosing data to unauthorized third parties.
The Data Processor shall assist the Data Controller in responding to data subjects’ requests regarding access, correction, restriction, or deletion of their personal data.
In the event of a data breach, the Data Processor must notify the Data Controller without undue delay and take necessary steps to mitigate risks.
The Data Processor may not engage third-party subprocessors without the Data Controller’s prior written consent. Any subprocessors must adhere to the same data protection obligations.
Both parties agree to comply with all applicable data protection laws and regulations.
The Data Controller has the right to conduct audits or request documentation to verify the Data Processor’s adherence to this DPA, subject to reasonable notice.
Upon termination of this agreement, the Data Processor must either return or securely delete all processed personal data as per the Data Controller’s instructions.
Personal data shall only be retained for as long as necessary, in accordance with the terms specified in the agreement or applicable legal requirements.
The Data Processor must promptly inform the Data Controller of any regulatory changes that may impact personal data processing.
Each party’s liability under this agreement will be determined in accordance with the terms of the primary service agreement.
The Data Processor agrees to indemnify and hold the Data Controller harmless against any claims or penalties resulting from non-compliance with data protection obligations.
All disputes arising from this agreement shall be subject to Indian legal statutes.
Any amendments to this DPA must be documented in writing and signed by both parties to be legally valid.
The parties acknowledge and agree to the terms of this Data Processing Agreement as of the effective date.
(Signature lines for both parties)