Personal Data Processing Agreement

1. Definitions and Parties

1.1 Parties to this Agreement

• Data Controller: You (the customer) who determines the purposes and means of processing personal data
• Data Processor: WappBlaster, who processes personal data on behalf of the Data Controller
• Data Subject: The individual whose personal data is being processed

1.2 Key Definitions

• Personal Data: Any information relating to an identified or identifiable natural person
• Processing: Any operation performed on personal data, including collection, storage, use, disclosure
• Special Categories: Sensitive personal data requiring enhanced protection
• Data Breach: Unauthorized access, disclosure, or loss of personal data
• Retention Period: The time period for which personal data is stored

1.3 Scope of Agreement

This agreement applies to all personal data processing activities conducted through WappBlaster services, including:

• Auto WhatsApp Marketing automation
• Auto Dialer and call management
• Call logs and lead management systems
• Customer reminder and notification services
• Employee attendance and location tracking
• Field team monitoring and management
• Personal reminder and task management
• Digital catalogue and review management
• File management and document storage
• WhatsApp Business API services

2. Categories of Personal Data

2.1 Customer and Contact Data

2.2 Employee and Location Data

2.3 Special Categories of Data

Enhanced Protection Required: The following data categories require explicit consent and enhanced security measures:

• Biometric Data: Selfie photos used for attendance verification
• Location Data: Precise GPS coordinates for employee tracking
• Health Data: Medical appointment reminders (if used)
• Financial Data: Payment information and billing details

3. Lawful Basis for Processing

3.1 Legal Bases Under Indian Law

Primary Legal Bases:

• Contract Performance: Processing necessary for service delivery
• Legitimate Interest: Business operations, security, fraud prevention
• Consent: Explicit consent for special categories of data
• Legal Obligation: Compliance with Indian laws and regulations
• Vital Interest: Emergency situations requiring immediate action

3.2 Specific Processing Purposes

3.3 Consent Management

• Explicit Consent: Required for biometric and location data processing
• Informed Consent: Clear information about processing purposes
• Withdrawable Consent: Right to withdraw consent at any time
• Granular Consent: Separate consent for different processing activities
• Consent Records: Maintained records of all consent given

4. Governing Law and Dispute Resolution

4.1 Governing Law

This Data Processing Agreement is governed by the laws of India, specifically:

• Information Technology Act, 2000
• Information Technology (Reasonable Security Practices) Rules, 2011
• Personal Data Protection Bill (when enacted)
• Other applicable Indian data protection laws

4.2 Jurisdiction

Exclusive Jurisdiction: All disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts in Bikaner, Rajasthan, India.

4.3 Dispute Resolution Process

• Direct negotiation: Good faith negotiations between parties
• Mediation: Mediation through qualified data protection mediator
• Arbitration: Binding arbitration if mediation fails
• Court proceedings: Final resort to court proceedings

5. Contact Information