Data Processing Agreement (DPA)

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This Data Processing Agreement ("DPA") forms part of the Terms of Service or other agreement for the provision of services (the "Agreement") between NagaOpportunities ("Provider", "we", "us") and you ("Customer", "you"). This DPA applies where and to the extent that NagaOpportunities processes Personal Data on behalf of the Customer as a Processor in the course of providing the Services.

1. Definitions

For the purposes of this DPA:

  • "Personal Data" means any information relating to an identified or identifiable natural person.
  • "Data Subject" means the individual to whom Personal Data relates.
  • "Processing" means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • "Processor" means NagaOpportunities, which processes Personal Data on behalf of the Controller.
  • "Controller" means the Customer, which determines the purposes and means of the Processing of Personal Data.
  • "Applicable Data Protection Law" means all laws and regulations applicable to the processing of Personal Data under the Agreement, including but not limited to the GDPR, CCPA, etc.

2. Processing of Personal Data

2.1 Roles of the Parties: The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller and NagaOpportunities is the Processor.

2.2 Customer's Instructions: NagaOpportunities shall process Personal Data only in accordance with Customer’s documented lawful instructions as set forth in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing. The subject matter, duration, nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects are as described in the Agreement and/or as initiated by Customer in its use of the Services.

2.3 Confidentiality: NagaOpportunities shall ensure that its personnel authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

3. Sub-processors

3.1 Authorization: Customer provides a general authorization for NagaOpportunities to engage sub-processors to process Personal Data on Customer’s behalf. NagaOpportunities shall maintain a list of its sub-processors and will inform Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving Customer the opportunity to object to such changes.

3.2 Obligations: NagaOpportunities will enter into a written agreement with each sub-processor containing data protection obligations substantially similar to those in this DPA.

4. Security Measures

NagaOpportunities will implement and maintain appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, in accordance with Applicable Data Protection Law.

5. Data Subject Rights

NagaOpportunities will, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject to exercise their rights under Applicable Data Protection Law (e.g., access, rectification, erasure). NagaOpportunities shall, at Customer's expense, provide reasonable assistance to Customer in fulfilling its obligations to respond to Data Subject requests.

6. Data Breach Notification

In the event of a Personal Data Breach affecting Customer Data, NagaOpportunities will notify Customer without undue delay after becoming aware of the breach. NagaOpportunities will provide Customer with sufficient information to allow Customer to meet any obligations to report or inform Data Subjects of the Personal Data Breach under Applicable Data Protection Law.

7. Data Transfers

If Personal Data is transferred outside of its country of origin, NagaOpportunities shall ensure that such transfers are compliant with Applicable Data Protection Law (e.g., by implementing Standard Contractual Clauses or other appropriate safeguards).

8. Audits

Upon reasonable request, NagaOpportunities shall make available to Customer information necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections, conducted by Customer or another auditor mandated by Customer (subject to confidentiality obligations).

9. Deletion or Return of Personal Data

Upon termination of the Services or at Customer's request, NagaOpportunities shall, at Customer's choice, delete or return all Personal Data to Customer, and delete existing copies unless applicable law requires storage of the Personal Data.

10. General Terms

This DPA will remain in effect as long as NagaOpportunities processes Personal Data on behalf of Customer. This DPA may be amended from time to time by mutual agreement of the parties.

11. Contact Information

For any inquiries related to this DPA, please contact us at [email protected].