This Data Processing Agreement (“DPA”) forms part of the Terms of Service set forth at https://www.dhiwise.com/terms-of-service (“Agreement”) between Customer (as defined in the Agreement) and “DhiWisePrivate Limited (DhiWise)” under which the Processor provides the Controller with the software and services (the “Services”). The Controller and the Processor are individually referred to as a “Party” and collectively as the “Parties”.
The Parties seek to implement this DPA to comply with the requirements of EU GDPR (defined hereunder) in relation to Processor’s processing of Personal Data (as defined under the EU GDPR) as part of its obligations under the Agreement. This DPA shall apply to Processor’s processing of Personal Data, provided by the Controller as part of Processor’s obligations under the Agreement.
Except as modified below, the terms of the Agreement shall remain in full force and effect.
Terms not otherwise defined herein shall have the meaning given to them in the EU GDPR or the Agreement. The following terms shall have the corresponding meanings assigned to them below:
This DPA sets out various obligations of the Processor in relation to the Processing of Personal Data and shall be limited to the Processor’s obligations under the Agreement. If there is a conflict between the provisions of the Agreement and this DPA, the provisions of this DPA shall prevail.
The Controller authorizes permission to the Processor to process the Personal Data to the extent of which is determined and regulated by the Controller. The current nature of the Personal Data is specified in Annex I to Schedule 1 to this DPA.
The objective of Processing of Personal Data by the Processor shall be limited to the Processor’s provision of the Services to the Controller and or its Client, pursuant to the Agreement.
The Processor will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing by the Controller.
6.4.1 Complaint or allegation indicating a violation of Data Privacy Laws regarding Personal Data;
6.4.2 Request from one or more individuals seeking to access, correct, or delete Personal Data;
6.4.3 Inquiry or complaint from one or more individuals relating to the collection, processing, use, or transfer of Personal Data; and
6.4.4 Any regulatory request, search warrant, or other legal, regulatory, administrative, or governmental process seeking Personal Data
8.1.1 Informed of the confidential nature of the Personal Data, and
8.1.2 Perform the Services in accordance with the Agreement.
Any Data Transfer for the purpose of Processing by the Processor in a country outside the European Economic Area (the “EEA”) shall only take place in compliance as detailed in Schedule 1 to the DPA. Where such model clauses have not been executed at the same time as this DPA, the Processor shall not unduly withhold the execution of such template model clauses, where the transfer of Personal Data outside of the EEA is required for the performance of the Agreement.
Having regard to the state of technological development and the cost of implementing any measures, the Processor will take appropriate technical and organizational measures against the unauthorized or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to: (a) the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage; and (b) the nature of the data to be protected [including the measures stated in Annex II of Schedule 1]
SCHEDULE 1
This Annex includes certain details of the Processing of Customer Personal Data by DhiWise in connection with the Services.
A. LIST OF PARTIES
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
Categories of personal data transferred
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis).
Nature of the processing
Purpose(s) of the data transfer and further processing
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
For transfers to (sub-) processors, also specify subject matter, nature, and duration of the processing
C. COMPETENT SUPERVISORY AUTHORITY
Data exporter is established in an EEA country. The competent supervisory authority is as determined by application of Clause 13 of the EU SCCs.
ANNEX II
Security
Security Management System.
Organization. DhiWise designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.
Policies. Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.
Assessments. DhiWise engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.
Risk Treatment. DhiWise maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.
Vendor Management. DhiWise maintains an effective vendor management program
Incident Management. DhiWise reviews security incidents regularly, including effective determination of root cause and corrective action.
Standards. DhiWise operates an information security management system that complies with the requirements of ISO/IEC 27001:2022 standard.
Personnel Security.
DhiWise personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. DhiWise conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.
Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, DhiWise’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). DhiWise’s personnel will not process Customer Personal Data without authorization.
Access Controls
Access Management. DhiWise maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.
Infrastructure Security Personnel. DhiWise has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. DhiWise’s infrastructure security personnel are responsible for the ongoing monitoring of DhiWise’s security infrastructure, the review of the Services, and for responding to security incidents.
Access Control and Privilege Management. DhiWise’s and Customer’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the Services
Internal Data Access Processes and Policies – Access Policy. DhiWise’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. DhiWise designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access. DhiWise requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with DhiWise’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivity
Data Center and Network Security
Data Centers.
Infrastructure. DhiWise has AWS as its data center.
Resiliency. Multi Availability Zones are enabled on AWS and DhiWise conducts Backup Restoration Testing on regular basis to ensure resiliency.
Server Operating Systems. DhiWise’s servers are customized for the application environment and the servers have been hardened for the security of the Services. DhiWise employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.
Disaster Recovery. DhiWise replicates data over multiple systems to help to protect against accidental destruction or loss. DhiWise has designed and regularly plans and tests its disaster recovery programs.
Security Logs. DhiWise’s systems have logging enabled to their respective system log facility in order to support the security audits, and monitor and detect actual and attempted attacks on, or intrusions into, DhiWise’s systems.
Vulnerability Management. DhiWise performs regular vulnerability scans on all infrastructure components of its production and development environment. Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches for all components installed as soon as commercially possible.
Networks and Transmission.
Data Transmission. Transmissions on production environment are transmitted via Internet standard protocols.
External Attack Surface. AWS Security Group which is equivalent to virtual firewall is in place for Production environment on AWS.
Incident Response. DhiWise maintains incident management policies and procedures, including detailed security incident escalation procedures. DhiWise monitors a variety of communication channels for security incidents, and DhiWise’s security personnel will react promptly to suspected or known incidents, mitigate harmful effects of such security incidents, and document such security incidents and their outcomes.
Encryption Technologies. DhiWise makes HTTPS encryption (also referred to as SSL or TLS) available for data in transit.
Data Storage, Isolation, Authentication, and Destruction. DhiWise stores data in a multi-tenant environment on AWS servers. Data, the Services database and file system architecture are replicated between multiple availability zones on AWS. DhiWise logically isolates the data of different customers. A central authentication system is used across all Services to increase uniform security of data. DhiWise ensures secure disposal of Client Data through the use of a series of data destruction processes.
ANNEX III
The controller has authorized the use of the following sub-processors:
Name of Sub-Processor | Description of Processing | Location of Other Processor |
---|---|---|
Adobe | Document editor & E-sign | USA |
Amazon Web Service | Running the Production environment including the Application and Databases | USA |
Clickup | Project workflow management | USA |
Chargebee | Invoicing and Payment solution | USA |
Claude Inc | AI assistant | USA |
Keka | HRMS | India |
Grammarly | Content Writing Assistant | USA |
Github | Code version control | USA |
Google Workspace | Email services | India |
Hotjar | Product analytics | USA |
Hubspot | CRM solution | USA |
Campaign Manager | Singapore | |
Mixpanel | Product analytics | USA |
Notion | Project Planning & Documentation Management | USA |
Open AI | LLM | USA |
Razorpay | Payment Gateway | India |
Sendgrid | Email services | USA |
Sentry | Error Alerting | USA |
Slack | Messaging | USA |
Stripe | Payment Gateway | USA |
Twilio | Messaging API | USA |
Userflow | User Flow management | USA |
Webflow | Content management system and Web design tool | USA |
ZOHO | Invoicing solutions | India |