This Data Processing Agreement ("DPA") forms part of the agreement between HumanAI Technologies PTE. LTD (UEN 202221894D), Singapore ("HumanAI Technologies", "Processor") and the customer organization ("Customer", "Controller") using Cosmo, and applies to HumanAI Technologies' processing of personal data on Customer's behalf in connection with the Service.
"Data Protection Law" means all applicable laws relating to the processing of personal data, including Singapore's Personal Data Protection Act 2012 ("PDPA"), the EU General Data Protection Regulation, and the UK GDPR, as applicable. "Personal Data", "Processing", "Controller", "Processor", and "Data Subject" have the meanings given in the applicable Data Protection Law. "Customer Personal Data" means personal data processed by HumanAI Technologies on Customer's behalf in connection with the Service.
HumanAI Technologies will process Customer Personal Data only as a Processor acting on Customer's documented instructions, as set out in this DPA and the underlying agreement, and as required by applicable law. HumanAI Technologies will not sell Customer Personal Data, and will not use it for any purpose other than to provide, secure, and support the Service. HumanAI Technologies will ensure personnel authorized to process Customer Personal Data are subject to confidentiality obligations.
Where HumanAI Technologies receives a request from a Data Subject relating to Customer Personal Data, it will promptly notify Customer and, taking into account the nature of the processing, provide reasonable assistance to enable Customer to respond, unless HumanAI Technologies is itself legally required to respond directly.
HumanAI Technologies implements commercially reasonable technical and organizational security measures designed to protect Customer Personal Data, described in Appendix 2. HumanAI Technologies will notify Customer without undue delay after becoming aware of a breach affecting Customer Personal Data, and will provide information reasonably available to help Customer meet its own notification obligations.
Customer authorizes HumanAI Technologies to engage the subprocessors listed in Appendix 1 to process Customer Personal Data in connection with the Service. HumanAI Technologies will impose data protection obligations on subprocessors materially no less protective than this DPA, and will remain responsible for their performance. HumanAI Technologies will give Customer reasonable notice before adding a new subprocessor, and Customer may object on reasonable data protection grounds by contacting pratibimb@live.in.
Upon reasonable written request, no more than once per year, HumanAI Technologies will make available information reasonably necessary to demonstrate compliance with this DPA, including a summary of relevant security measures.
Where Customer Personal Data is transferred outside the jurisdiction in which it was collected, HumanAI Technologies will apply appropriate safeguards required under applicable Data Protection Law, which may include standard contractual clauses or an equivalent transfer mechanism, and reliance on the subprocessors' own compliance frameworks.
Each party's liability arising out of or in connection with this DPA is subject to the limitations of liability set out in the underlying agreement between the parties.
Notices under this DPA should be sent to pratibimb@live.in, or to Customer's designated contact under the underlying agreement.
This DPA remains in effect for as long as HumanAI Technologies processes Customer Personal Data. Upon termination of the underlying agreement, Customer may request return or deletion of Customer Personal Data within 90 days, after which HumanAI Technologies will delete or anonymize remaining copies, except where retention is required by law.
Data exporter: Customer, as identified in the underlying agreement.
Data importer: HumanAI Technologies PTE. LTD (UEN 202221894D), Singapore.
Categories of data subjects: Customer's authorized users of the Service.
Categories of personal data: Account and profile data, footage and reference material uploaded to the Service, chat prompts and instructions, session and device data.
Subprocessors:
The current subprocessor list may be obtained by contacting pratibimb@live.in.