This Data Processing Agreement (“DPA”) defines a legally enforceable framework between Bizquirk Innovation, acting in the capacity of the “Data Processor,” and the organization or individual agreeing to these conditions, identified as the “Data Controller.” This Agreement regulates how the Processor manages, accesses, and handles Personal Data while providing transaction-related digital services.
Roles of the Parties
The Controller retains full authority to decide the objectives, methods, and lawful grounds for Processing Personal Data and continues to bear accountability for compliance with all Applicable Data Protection Laws.
The Processor shall handle Personal Data exclusively in accordance with written and documented directions issued by the Controller and solely for purposes directly related to providing authorized transaction processing services.
Scope of Processing
The Processor is permitted to Process Personal Data only for the following defined activities:
Security Measures
The Processor agrees to maintain suitable technical and organizational safeguards, including but not limited to:
The Processor shall ensure that all authorized personnel adhere to confidentiality obligations and receive continuous training on secure data handling practices.
Data Subject Rights
The Processor shall reasonably assist the Controller in responding to requests made by Data Subjects under Applicable Laws, including assistance relating to:
Subprocessors
The Processor shall not appoint or involve any Subprocessor without receiving prior written authorization from the Controller.
All approved Subprocessors must operate under written agreements that enforce data protection responsibilities equal to or more stringent than those established under this DPA.
Data Breach Notification
The Processor shall inform the Controller within twenty-four (24) hours upon becoming aware of any breach involving Personal Data.
Such notification shall include detailed information regarding:
Audit & Compliance
Upon providing reasonable advance notice, the Controller reserves the right to assess the Processor’s adherence to this DPA. The Processor shall make available all relevant documentation, internal policies, and compliance evidence required to demonstrate conformity with data protection obligations.
Data Retention & Deletion
Personal Data shall be stored only for the duration required to complete transaction-related services and to meet legal and regulatory retention obligations, including those mandated by RBI.
Following termination of services, the Processor shall securely return or permanently erase all Personal Data, unless continued retention is required under applicable laws.
Legal & Regulatory Changes
The Processor shall promptly notify the Controller if any modification to laws, regulations, or regulatory guidance affects its ability to Process Personal Data in accordance with this Agreement.
Liability & Indemnification
Each Party shall remain responsible for losses arising from its own failure to comply with the terms of this Agreement. The Processor agrees to indemnify and hold the Controller harmless against penalties, damages, or claims resulting from violations of data protection responsibilities.
Governing Law & Dispute Resolution
This Agreement shall be interpreted and governed in accordance with the laws of India. All disputes arising under this DPA shall fall under the exclusive jurisdiction of courts located in India.
Amendments
Any change, revision, or modification to this Agreement shall be valid only if documented in writing and executed by both Parties.
Acknowledgment and Acceptance
By entering into this Agreement, both Parties confirm that they have read, understood, and accepted all provisions contained within this Data Processing Agreement.