This Data Processing Agreement (“DPA”) sets forth a legally binding agreement between Iconcept Contact Solution, hereinafter referred to as the “Data Processor,” and the entity accepting these terms, hereinafter referred to as the “Data Controller.” It governs the Processor’s collection, use, and handling of Personal Data in connection with the payment gateway services provided.
The Data Controller determines the purposes and legal basis for processing Personal Data and remains responsible for ensuring compliance with all applicable data protection laws.
The Data Processor handles Personal Data exclusively based on the Controller’s documented instructions and solely for the purpose of providing payment gateway services.
The Data Processor shall handle Personal Data exclusively for the following purposes:
The Data Processor shall implement appropriate technical and organizational measures, including:
The Processor shall also ensure that all personnel maintain strict confidentiality and are trained in data security best practices.
The Data Processor shall assist the Data Controller in addressing Data Subject requests in accordance with applicable laws, including the rights to:
The Data Processor shall not engage any subprocessor without the prior written consent of the Data Controller. All approved subprocessors must enter into written agreements that impose data protection obligations equivalent to, or more stringent than, those outlined in this DPA.
The Data Processor shall notify the Data Controller within 24 hours of becoming aware of any Personal Data Breach. The notification shall include:
The Data Controller may, with reasonable notice, audit the Data Processor’s compliance with this DPA. The Processor shall grant access to all relevant records, policies, and certifications, including security compliance reports.
Personal Data shall be retained only for as long as necessary to facilitate payment processing and comply with legal obligations, including RBI-mandated retention periods. Upon termination of services, the Processor shall securely delete or return all Personal Data unless retention is legally required.
The Processor shall promptly notify the Controller of any changes in law or regulation that may impact its ability to process Personal Data in accordance with this Agreement.
Each Party shall be responsible for any damages resulting from a breach of this Agreement. The Processor shall indemnify the Controller against fines, claims, or damages arising from non-compliance with data protection obligations.
This Agreement shall be governed by the laws of India. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of India.
Any modifications to this Agreement must be made in writing and signed by both Parties.
By entering into this Agreement, both Parties acknowledge that they have read, understood, and agreed to the terms set forth in this Data Processing Agreement.