Personal Data Processing Agreement

                Data Processing Agreement: This agreement governs how DigitalMitra processes personal data for all our services. We are committed to protecting your privacy and complying with applicable data protection laws. All legal matters are subject to the exclusive jurisdiction of Bikaner Court, Rajasthan, India.
            

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: DigitalMitra, 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 DigitalMitra 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

Data Category	Data Types	Purpose	Retention Period
Contact Information	Names, phone numbers, email addresses	Service provision, communication	Account lifetime + 2 years
Communication Records	WhatsApp messages, call logs, SMS	Automation, analytics, compliance	24 months
Business Information	Company details, industry, size	Service customization, support	Account lifetime + 5 years
Transaction Data	Payment details, billing history	Billing, compliance, fraud prevention	7 years (legal requirement)

2.2 Employee and Location Data

Data Category	Data Types	Purpose	Retention Period
Biometric Data	Selfie photos for attendance	Identity verification, attendance tracking	3 years (employment records)
Location Data	GPS coordinates, timestamps	Attendance verification, field tracking	3 years (employment records)
Work Records	Attendance logs, task completion	Performance tracking, payroll	7 years (employment law)
Device Information	Device ID, app usage, system info	Security, performance optimization	2 years

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

Processing Activity	Legal Basis	Data Categories	Retention
WhatsApp Message Automation	Contract Performance	Contact info, message content	24 months
Call Log Management	Contract Performance	Phone numbers, call duration	24 months
Attendance Tracking	Consent + Employment Law	Biometric, location data	3 years
Payment Processing	Contract + Legal Obligation	Financial information	7 years
Customer Support	Legitimate Interest	Contact info, support tickets	3 years
Analytics and Improvement	Legitimate Interest	Usage data, performance metrics	2 years

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

13. Contact Information

Data Protection Officer:

DigitalMitra Privacy Team
Email: info{{$settings->software_name ?? ''}}.com
Privacy Email: info{{$settings->software_name ?? ''}}.com
Phone: 8686070751
WhatsApp: 8686070751
Address: Barshi

Data Subject Rights Requests:
Email: sachinkhudebarshi@gmailcom
Phone: 8686070751
WhatsApp: 8686070751

Security Incident Reporting:
Email: sachinkhudebarshi@gmailcom
Emergency Phone: 8686070751
24/7 WhatsApp: 8686070751

Legal Jurisdiction:
All data processing disputes are subject to the exclusive jurisdiction of the Courts in Bikaner, Rajasthan, India.

Response Times:
Data subject rights requests: 30 days
Security incidents: 24 hours
General inquiries: 48 hours

14. Governing Law and Dispute Resolution

14.1 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

14.2 Jurisdiction

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

14.3 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

15. Effective Date and Amendments

15.1 Effective Date

This Personal Data Processing Agreement is effective as of January 2025 and applies to all data processing activities conducted after this date.

15.2 Amendment Process

Written amendments: All amendments must be in writing
Mutual agreement: Amendments require agreement from both parties
Legal updates: Updates may be required for legal compliance
Notice period: 30-day notice for non-urgent amendments
Version control: Maintained records of all agreement versions

15.3 Precedence

In case of conflict between this Data Processing Agreement and other terms:

This agreement takes precedence for data protection matters
Main service terms apply for non-data protection issues
Applicable law takes precedence over contractual terms
More protective provisions apply in case of ambiguity

By using DigitalMitra services, you acknowledge that you have read, understood, and agree to be bound by this Personal Data Processing Agreement.