This data processing agreement ("Agreement") forms part of the Terms of Service between Generative BI and the customer ("Customer") for the provision of business intelligence solutions ("Service"). This Agreement sets out the terms and conditions under which Generative BI will process personal data on behalf of the Customer in compliance with applicable data protection laws and regulations.
"Personal data" means any information relating to an identified or identifiable natural person, such as name, email address, and IP address.
"Data subject" means the natural person to whom the personal data relates.
"Data controller" means the natural or legal person who determines the purposes and means of the processing of personal data.
"Data processor" means the natural or legal person who processes personal data on behalf of the data controller.
"Data processing" means any operation or set of operations performed on personal data, such as collection, recording, storage, and disclosure.
Data processing obligations
Generative BI agrees to process personal data on behalf of the Customer solely for the purpose of providing the Service, and in accordance with the Customer's documented instructions. Generative BI will not use personal data for any other purpose, nor will it disclose personal data to any third party, unless required by law or with the Customer's prior written consent.
Generative BI will implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data. This includes measures to protect against unauthorized or unlawful processing, accidental loss or destruction, and damage or theft.
Generative BI will notify the Customer without undue delay if it becomes aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.
Generative BI will assist the Customer in fulfilling its obligations to respond to requests from data subjects to exercise their rights under applicable data protection laws, such as the right to access, rectify, or erase personal data.
Generative BI will provide the Customer with all necessary information to demonstrate compliance with its obligations under this Agreement, and will allow for and contribute to audits and inspections conducted by the Customer or its authorized representatives.
Generative BI may engage subprocessors to process personal data on its behalf, provided that such subprocessors meet the same data protection obligations as those set out in this Agreement.
Generative BI will inform the Customer of any intended changes concerning the addition or replacement of subprocessors, and will allow the Customer to object to such changes if it has reasonable grounds to do so.
Term and termination
This Agreement shall remain in effect for the duration of the Customer's use of the Service.
Either party may terminate this Agreement at any time in the event of a material breach by the other party, with immediate effect.
Upon termination of this Agreement, Generative BI will, at the Customer's option, delete or return all personal data processed on behalf of the Customer, unless required by law to retain such data.
Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the country in which Generative BI is located. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the arbitration tribunal.
This data processing agreement reflects the parties' understanding of the processing of personal data in connection with the Service and supersedes all prior or contemporaneous agreements and understandings, whether written or oral.