Data Processing Agreement (DPA)
Last updated: 8th May 2025
- This Data Processing Agreement (“Agreement”) forms part of the contract for services (“Service Agreement”) between:
- (1) [Client Name], the “Data Controller”
- and
- (2) utomat.com, the “Data Processor”
- Email: info@utomat.com
- Address: 118 Tomb of the Kings Road, Paphos, Cyprus, 8015
- together, the “Parties”.
1. Subject Matter and Duration
- This Agreement governs the processing of personal data by utomat.com on behalf of the Data Controller in connection with the provision of AI-powered outbound calling and lead reactivation services, for the duration of the Service Agreement unless otherwise required by law.
2. Nature and Purpose of Processing
- Managing and facilitating AI-driven phone communications, including recording, transcribing, and analyzing voice data to enhance communication services.
- Collecting, storing, and processing contact information for the purpose of lead reactivation and reporting.
- Integrating with third-party services (e.g., telephony, CRM, analytics) as needed to deliver the contracted services.
3. Types of Personal Data and Data Subjects
- Categories of Data Subjects:
- Customers and leads of the Data Controller
- End-users contacted on behalf of the Data Controller
- Employees or agents of the Data Controller (if relevant)
- Categories of Personal Data:
- Contact information (name, phone number, email address)
- Voice recordings and transcriptions
- Communication metadata (time, date, duration)
- Any other data provided during phone communications
4. Obligations of the Data Processor (utomat.com)
- utomat.com shall:
- Process personal data only on documented instructions from the Data Controller.
- Ensure all persons authorized to process personal data are bound by confidentiality.
- Implement appropriate technical and organizational measures to ensure data security.
- Assist the Data Controller in responding to data subject requests and in ensuring compliance with GDPR obligations (including security, breach notification, and impact assessments).
- Notify the Data Controller without undue delay after becoming aware of a personal data breach.
- At the choice of the Data Controller, delete or return all personal data after the end of the provision of services, unless retention is required by law.
- Make available all information necessary to demonstrate compliance and allow for audits.
5. Subprocessing
- utomat.com may engage subprocessors (e.g., telephony, AI, CRM providers) with prior general written authorization from the Data Controller.
- A list of current subprocessors is available upon request.
- utomat.com shall impose the same data protection obligations on subprocessors as set out in this Agreement.
- The Data Controller will be notified of any intended changes concerning the addition or replacement of subprocessors, with at least 14 days to object.
6. International Transfers
- If personal data is transferred outside the European Economic Area (EEA), utomat.com will ensure appropriate safeguards are in place in accordance with GDPR Chapter V (e.g., Standard Contractual Clauses).
7. Data Controller Obligations
- The Data Controller shall:
- Ensure that it has all necessary consents and legal bases for processing personal data and for instructing utomat.com.
- Provide documented instructions for processing.
- Inform utomat.com of any data subject requests or regulatory requirements.
8. Term and Termination
- This Agreement remains in effect for the duration of the Service Agreement or as long as utomat.com processes personal data on behalf of the Data Controller.
9. Governing Law
- This Agreement shall be governed by the laws of Cyprus.
10. Signatures
- For the Data Controller:
- Name: ___________________
- Title: ____________________
- Date: ____________________
- For utomat.com:
- Name: ___________________
- Title: ____________________
- Date: ____________________