Data Processing


Chatbo LLC
600 N Broad Street
Suite 5 #3492
Middletown, DE 19709
USA

Company Register: 183358 Delaware USA
Directors: Friedrich Renoth and Manfred Lakner

Phone: +1 478 246 3849
Email: mail@chatbo.ai

This Data Processing Addendum, including its appendices and the Standard Contractual Clauses (as defined below) attached hereto (collectively, the “DPA”) is incorporated by reference to the agreement governing the use of Chatbo LLC's Services (“Agreement) entered by and between the client (“Client”, “you”) and Chatbo LLC (“Chatbo”) and reflects the parties’ agreement with respect to the Processing of Client Data by us on behalf of you in connection with the subscribed Services. This DPA shall become effective concurrently with the Agreement.

By using the Services, the Client accepts this DPA that reflects the parties’ agreement with regard to the Processing of Client Personal Data and you warrant and represent that you have full authority to bind the Client to this DPA. If you cannot, or do not agree to, comply with and be bound by this DPA, or do not have authority to bind the Client on any other entity, please do not provide Client Personal Data (as defined below) to us.

1. Definitions

All capitalized terms not otherwise defined in this DPA will have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect.

“Client Personal Data” means (i) Personal Data under GDPR or (ii) Personal Information under CCPA, contained within the Client Data Processed by Chatbo for or on behalf of Client pursuant to or in connection with the Services under the Agreement;

“Client Data” means any and all information, content, communication (commercial or otherwise), data or other materials (including but not limited to Client Personal Data) inserted, created, shared, generated or otherwise made available, by or for Client to or through the Services.

“Data Protection Laws” means the GDPR, the UK GDPR and the CCPA that apply to the Processing of Client Personal Data under the Agreement, where applicable, in each case, as amended from time to time. In the event (and to the extent only) that there is a conflict between the GDPR and the CCPA, the parties agree to comply with the higher standard;

“Data Subject” means (i) an identified or identifiable natural person whose rights are protected by GDPR or (ii) a “Consumer” as the term is defined in the CCPA;

“EEA” means European Economic Area;

“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“CCPA” means California Consumer Privacy Act of 2018, Cal. Civ, Code §§ 1798.100 et. seq.;

“UK GDPR” means the UK Data Protection Act 2018;

“Sub-Processor” means any existing or new person or entity appointed by or on behalf of Chatbo in order to provide parts of the Services (software, tool, components) and to Process Client Data on behalf of Client under the Agreement;

“Standard Contractual Clauses” means the Standard Contractual Clauses for the Transfer of Personal Data from EEA to Third Countries approved by the European Commission Decision of 4 June 2021 and attached to, and incorporated into this DPA in Exhibit C (“EU Standard Contractual Clauses (Module 2);

“UK Addendum” means the International Data Transfer Addendum (version B1.0) issued by the Information Commissioner’s Office under s.119(A) of the UK Data Protection Act 2018, as may be amended, superseded or replaced from time to time;

The terms “Commission”, “Controller”, “Member State”, “Personal Data”, “Personal Information”, “Processing”, “Process,” “Processed”, “Processor”, “special categories of personal data”, “Sensitive Data” and “Supervisory Authority” shall have the same meaning as in applicable Data Protection Laws and shall be construed accordingly.

2. Processing of Personal Data

2.1 Insofar as Chatbo Processes Client Personal Data subject to Data Protection Laws the terms of this DPA shall apply. In this context, with respect to Client Personal Data, Chatbo and Client hereby agree that (i) Client may act as “Controller” and Chatbo may act as “Processor” under the GDPR or (ii) Client is a “Business” and Chatbo is the “Service Provider,” as defined under the CCPA or (iii) Client may act as “Data Exporter” and Chatbo may act as “ Data Importer” as defined under the Standard Contractual Clauses or (iv) Client as a “Exporter” and Chatbo as an “Importer” under UK GDPR.

2.2 Subject to the terms of the Agreement (i) Client as Controller or Business or data exporter under Data Protection Laws, hereby appoints Chatbo as Processor or Service Provider or data importer in respect of Processing operations required to be carried out by Chatbo on Client Personal Data in accordance with the terms of the Agreement, (ii) Client agrees to comply with its obligations as Controller or Business or data exporter under Data Protection Laws and declares that it has been instructed by and obtained the authorization of the relevant Controller or Business or data exporter to enter into this DPA in the name and on behalf of such Controller or Business or data exporter, (iii) Client is responsible for obtaining all of the necessary authorizations and approvals and all consents and rights necessary under Data Protection Laws to enter, use, provide, store, and Process Client Data, including Client Personal Data in the Services to enable Chatbo’s fulfillment of its obligations pursuant to the Agreement.

2.3 Chatbo shall (i) process Client Personal Data only in accordance with Client’s lawful instructions consistent with the terms of the Data Protection Laws and (ii) Process all Client Personal Data as Processor or Services Provider or data importer under the applicable Data Protection Laws to fulfill its obligations under the Agreement for or on Client’s behalf, and for no other purposes than in connection with the Services, unless required to do so by Data Protection Laws or other applicable data privacy laws to which Chatbo (or Sub-Processor(s)) is subject. In such a case Chatbo shall to the extent permitted by the Data Protection Laws inform Client of that legal requirement before the relevant Processing of the Client Personal Data. Furthermore, under the CCPA, Chatbo as a Services Provider shall not “sell” (as the term is respectively defined in the CCPA) Client Personal Data. Each party will comply in all respects with the provisions of this DPA and the applicable Data Protection Laws in any country where the Services are used, provided or delivered. Client hereby agrees and understands that the processing of personal data by Chatbo, Inc. is always triggered by the type of Services, or function for which Client has registered or activated. Consequently, the Parties agree that the moment when Chatbo, Inc. initiates the processing of personal data is always understood to be at the express instruction of Client to do so for and on behalf of Client.

2.4 Client represents and warrants that (i) it is and will at all relevant times remain duly and effectively authorized to give Chatbo the instruction for the Processing of Client Personal Data covered by this DPA; (ii) that the Processing, including the onward transfer itself, of the Client Data has been and will continue to be lawfully carried out in accordance with the relevant provisions of the applicable Data Protection Laws (ii) that it has instructed and will have on continuous basis a legal basis for the Processing by Chatbo and transfer of Client Data for or on behalf of Client. Client shall have sole responsibility for the accuracy, quality, and legality of Client Data and the means by which Client acquired them.

2.5 This DPA, the Agreement and an applicable Order Form, thereunder contain Client’s sole instructions to Chatbo for the Processing of Client Personal Data, including without limitation the transfer of Client Data to any country or territory as defined in this DPA. Additional instructions outside the scope of the Agreement or this DPA will be agreed separately between the parties in writing (also electronically).

2.6 The duration of the Processing, the nature and purpose of the Processing, the types of Client Data subject to the applicable Data Protection Laws and categories of Data Subjects Processed under this DPA, as required by article 28(3) of the GDPR (and, possibly, equivalent requirements of other Data Protection Laws), are further specified in Exhibit A to this DPA, as may be amended by the parties from time to time.

2.7 Client acknowledges and agrees that the Services are not intended for the Processing of Client Personal Data defined as special categories of personal data, Sensitive data, genetic data, biometric data, data concerning health, under applicable Data Protection Laws, and Client will not provide (or cause to be provided) any such data to Chatbo for Processing under the Agreement and Chatbo will have no liability whatsoever for such data whether in connection with Personal Data Breach or otherwise.

3. Chatbo Personnel

As long as Chatbo is obliged to fulfill its obligations under the Data Protection Laws, Chatbo will ensure that its personnel engaged in the Processing of Client Personal Data are informed of its confidential nature, have received appropriate training on their responsibilities and role and shall have access to Client Personal Data to the minimum necessary to provide and maintain the Services.

4. Sub-processors

4.1 For the purpose of the delivery of Services, Client hereby authorizes appointed Sub-Processors and gives Chatbo a general written consent to engage new Sub-Processors in connection with the provision of the Services, including without limitation for the Processing of and onward transfer of Client Personal Data on behalf of Client, that is conditioned on the following requirements:

Chatbo commits to keeping a regularly updated list of its Sub-Processors used for the Processing of Client Personal Data, available at Chatbo: Sub-Processors. This list may be revised periodically by Chatbo at its discretion in accordance with this DPA,

Prior to engaging any new Sub-Processor(s) with access to Client Personal Data, Chatbo will update the relevant website at least 10 days in advance. Client reserves the right to raise objections in writing (also electronically) within five (5) calendar days of such authorization, provided that such objection is based on reasonable grounds relating to data protection, otherwise, Client shall be deemed to have accepted the respective Sub-processor(s) to Process Client Personal Data. If Client legitimately objects to the appointment of a Sub-Processor(s), the parties will discuss such concerns in good faith with a view to achieving resolution, provided that if this is not possible, Client may suspend or terminate the Agreement without prejudice to any fees incurred by Client prior to suspension or termination,

Chatbo only permits Sub-Processor(s) access to Client Personal Data when reasonable for Services delivery based on a prior written agreement with any Sub-Processors, ensuring that the Sub-Processor(s) have appropriate technical and organizational measures required by the GDPR to sufficiently protect the shared Client Personal Data,

In instances where Client Personal Data is transferred outside the EEA or UK, it will be protected under the Cross-Border Data Transfer Mechanism specified in this DPA, supplemented by the applicable Standard Contractual Clauses (SCCs) approved by the European Commission, where appropriate,

Upon the Client’s request, once a year, Chatbo shall provide copies of such agreements with Sub-processors for the Client’s review, provided that any commercially sensitive information or sections not pertinent to data privacy and security may be removed by Chatbo beforehand,

Chatbo assumes responsibility for its Sub-Processors, ensuring they comply with Article 28(3) of the GDPR as if Chatbo itself were carrying out those activities under the stipulated DPA terms.

5. Security

5.1 Taking into account, the costs of implementation and the nature, scope, context and purposes of Processing Client Personal Data as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Chatbo shall, in relation to the Client Personal Data implement and maintain throughout the term of the Agreement, the technical and organizational measures set forth in Exhibit B of this DPA (the “Security Measures”).

5.2. Client acknowledges and agrees that the Security Measures implemented by Chatbo provide a level of security appropriate to the risk to Client Personal Data and the nature of the data to be protected under the requirements of the applicable Data Protection Laws, in particular where the Processing involves the onward transmission of data over a network. Chatbo, at its sole discretion, may modify such safeguards from time to time, provided that such modifications will not materially reduce the overall level of protection for Client Personal Data.

5.3. Notwithstanding the above, Client agrees that, except as provided by this DPA, Client acknowledges that the Services will Process Client Data in accordance with Client’s configurations in the Services, which Chatbo does not monitor. Client agrees that, except as provided by this DPA, is solely responsible for (i) the data entered into the Services and shall be fully capable to determine correctness and legality of such data and (ii) for its secure use of the Services, including securing its account authentication credentials, systems and devices Client uses to access the Services (if and as applicable), storage of any copies of Client Data outside Chatbo, and backing up its Client Data as appropriate and protecting the security of Client Personal Data when in transit to and from the Services. Client has the full responsibility for the Client’s Agents use and settings of the features in the administration area of the Services are in accordance with the applicable Data Protection Laws, the Agreement and this DPA. Client has the full responsibility for managing Agents rights and their access to the Client’s account in the Services, including assessing and addressing any issues that may arise in sharing login details. Client must inform its Agents of the obligations that lie with each user under this DPA and the Agreement.

6. Data Subject Rights

Taking into account the nature of the Processing, Chatbo shall assist Client by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Client’s obligations, as reasonably understood by Client, to respond to requests to exercise Data Subject rights under the Data Protection Laws. Chatbo will, to the extent required by Data Protection Laws, promptly notify Client upon receipt of a request by a Data Subject that relates to Client Personal Data and identifies Client, to exercise Data Subject rights under the applicable Data Protection Laws. Chatbo will advise the Data Subject to submit their request to Client and Client will be ultimately responsible for responding to such request, including, where necessary and possible, by using the functionality of the Services on its own. Chatbo may reasonably assist Client with Data Subject Rights as required by Data Protection Laws to the extent Chatbo is legally permitted to do so, is technically capable to do it and has reasonable access to the relevant Client Data.

7. Personal Data Breach

Chatbo will, without undue delay after discovery of a Client Personal Data Breach on the Processor’s facilities affecting Data Subject of Client, (i) notify via email Client of the Client Personal Data Breach and will provide Client with reasonable assistance and sufficient information to making any notification to a Supervisory Authority or any communication to affected Data Subject and (ii) take reasonable steps to minimize harm and secure Client Personal Data and to improve data protection process internally, if applicable.

8. Assistance on Data Protection Impact Assessment and Consultations.

To the extent required under applicable Data Protection Laws, and taking into account the nature of the Processing Client Personal Data and the information available to Chatbo, Chatbo will provide reasonable cooperation to Client regarding the Services (at Client’s expense prior demonstrated to Client, if such reasonable cooperation will require Chatbo to assign significant resources to that effort) to enable Client to carry out data protection impact assessments or prior consultations with any Supervisory Authorities, as required by such Data Protection Laws.

9. Deletion or Return of Client Personal Data

9.1 If Client wishes to delete its Client Personal Data during or after the end of the subscription, Chatbo, within 30 days of Client’s written request prior to such termination, shall delete requested Client Personal Data using a standard method accepted by Chatbo and in accordance with Chatbo’s data retention policy with a right to keep a copy of it if applicable legislation or proceedings or any claims, or reasonable rightful grounds do not prevent it from doing so. In any such case, Client agrees that Chatbo and Sub-Processors may retain Client Personal Data, or any portion of it, in storage as a backup only to the extent and for such period as needed and always provided that Chatbo shall ensure the confidentiality of all such Client Personal Data and shall ensure that such Client Personal Data is only Processed and stored as necessary for the legal purpose(s) and for no other purpose. Certification of return/deletion of Client Personal Data will only be conducted upon Client’s request.

9.2 During the term of the Agreement, Chatbo will make Client Data available to Client in a manner consistent with the functionality of the Services and in accordance with the terms of the Agreement. To the extent Client, in its use and administration of the Services during the term of the Agreement, does not have the ability to migrate Client Data (as required by Data Protection Laws) to another system or service provider, Chatbo will, at Client’s reasonable expense, prior demonstrated to Client (if such reasonable cooperation will require Chatbo to assign significant resources to that effort) reasonably assist Client in facilitating such actions to the extent Chatbo is legally permitted to do so, technically capable to do it and has reasonable access to the relevant Client Data.

9.3 Client agrees that after the termination or expiration of the Agreement their data may be stored as a backup for legal and compliance purposes. Notwithstanding the foregoing, Chatbo shall not reduce the Security Measures at any time until such Data is permanently deleted.

10. Audit

10.1 Client, upon written request, not more than once annually, is permitted to (i) receive a copy of Chatbo’s most recent information, including the security of the physical data centers from which Chatbo provides the Services, (“Information”) and (ii) conduct an audit to be carried out by Client or an auditor appointed by Client to demonstrate Chatbo’s compliance with the obligations laid down under article 28 of the GDPR.

10.2 Client acknowledges and agrees that such an audit as defined in point 10.1 shall be (i) primarily executed by the Information received by Chatbo, (ii) an auditor appointed by Client shall be approved by Chatbo (which approval will not unreasonably be withheld or delayed, unless the auditor appointed by the Client is a Chatbo’s competitor) in relation to the Processing of Client Personal Data by Chatbo and (iii) managed upon mutually agreed audit plan: (a) such an audit can be conducted online or at the premises of Chatbo within Chatbo’s normal business hours upon prior mutually agreed the scope, timing, cost and duration, (b) Client shall make (and ensure that its mandated auditor makes) reasonable endeavors to avoid causing or (if cannot avoid) to minimize and avoid causing any damage, injury or disruption to Chatbo’s premises, equipment, personnel and business in the course of such an audit, otherwise the provision of 10.2 (c) shall apply, (c) Client will be responsible for any fees charged by any auditor appointed by Client to execute any such audit and/or any additional fees charged by Chatbo occurred in relation to point 10.2 (b), (d) Client shall promptly notify Chatbo with the full results of an audit (including any non-compliance with the obligations laid down under article 28 of the GDPR discovered during the course of an audit), (e) any information gathered by Client is subject to the confidentiality provisions of the Agreement or a prior mutually agreed NDA.

11. Cross Border Data Transfer Mechanism

11.1 To the extent that Client’s use of the Services requires a transfer of Client Personal Data outside the EEA or UK, and to the extent that Chatbo is a recipient of Client Personal Data in a country that is not recognized as providing an adequate level of protection for Client Personal Data as described in the GDPR, Chatbo and Client ensure that such transfers are compliant with the Standard Contractual Clauses and UK Addendum as follow:

11.2 i) The parties agree that the EU Standard Contractual Clauses (Module 2) attached to this DPA in Exhibit C, will apply to Client Personal Data that is transferred from the EEA to the Services and via the Services from the EEA, either directly or via onward transfer, to any country or recipient where Chatbo or its Sub-processors maintain data processing operations, as necessary to perform the Services not recognized by the European Commission as providing an adequate level of protection for Client Personal Data. The parties agree that their obligations under the EU Standard Contractual Clauses (Module 2) will be carried out in accordance with the provisions of this DPA. In addition, the parties hereby agree that if the EU Standard Contractual Clauses (Module 2) set forth at Exhibit C to this DPA, will no longer be a valid basis under the decision of the European Commission for establishing adequate protections in respect of a relevant data transfer of Client Personal Data, the parties agree to comply with an alternative transfer mechanism instead of the transfer mechanisms described in this DPA in respect of the Processing of such Client Personal Data. In the event that any provision of the EU Standard Contractual Clauses (Module 2) is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of the EU Standard Contractual Clauses (Module 2) and the terms of this DPA shall remain operative and binding on the parties.

11.2 ii) The parties agree that the UK Addendum will apply to Client Personal Data that is transferred from the United Kingdom (“UK”) to the Service and via the Service from the United Kingdom (“UK”), either directly or via onward transfer, to any country or recipient outside of the UK where Chatbo maintain data processing operations, as necessary to perform the Services not recognized by the competent UK regulatory authority or governmental body for the UK as providing an adequate level of protection for Personal Data. If Client’s Personal Data are transferred to Sub-processors, the applicable transfer mechanism shall apply. The parties agree that their obligations under the UK Addendum will be carried out in accordance with the provisions of this DPA. In addition, if the UK GDPR applies to the transferred Client Personal Data, the EU Standard Contractual Clauses (Module 2) as incorporated in this DPA shall apply with the following modifications: (i) the EU Standard Contractual Clauses (Module 2) shall be amended as specified by the UK Addendum, which shall be incorporated by reference to this DPA, (ii) Tables 1 to 3 in Part 1 of the UK Addendum shall be populated with the information from Exhibits A (Details of Processing), B (Technical and Organizational Security Measures) and C (Standard Contractual Clauses), and Section 4.1. of this DPA, (iii) Table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting “importer”; and (iv) any conflict between the the EU Standard Contractual Clauses (Module 2) and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum. Each party’s signature to this DPA will be considered a signature to the UK Addendum. The parties hereby agree that if the UK Addendum will no longer be a valid basis under the competent UK regulatory authority or governmental body for the UK for establishing adequate protections in respect of a relevant data transfer of Client Personal Data, the parties shall comply with an alternative transfer mechanism instead of the transfer mechanisms described in this DPA in respect of the Processing of such Client Personal Data.

12. Liability

12.1 Chatbo shall be liable toward Client for any direct damage caused to the Client due to the non-compliance with this DPA the Processing of Client Personal Data entrusted to Chatbo by Client, except where the damage(s) is the result of an action or omission for which Chatbo is not responsible.

12.2 Each party’s and all of its Affiliates’ liability taken together in the aggregate arising out of or related to this DPA will be subject to the exclusions and limitations of liability set forth in the Agreement.

13. General

13.1 The parties agree that this DPA, starting from the last update visible on the website relevant to your Services, replaces any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Services and becomes effective and binding immediately upon being published on the aforementioned website.

13.2 In the event of a conflict between the Agreement and this DPA in relation to data protection, the terms of this DPA will take precedence to the extent of the conflict.

13.3 This DPA will terminate upon the earliest of: (i) termination of the Agreement as permitted hereunder (and without prejudice to the survival of accrued rights and liabilities of the parties and any obligations of the parties which either expressly or by implication survive termination); (ii) as earlier terminated pursuant to the terms of this DPA or (iii) as agreed by the parties in writing.

EXHIBIT A TO DPA: DETAILS OF PROCESSING

1. Duration of the Processing:

We keep Personal Data for only as long as it is needed to complete the purpose for which it was collected as defined by the Agreement or processed as required by law, complying with our legal obligations (legal, tax, or regulatory reasons), resolving disputes, and enforcing our agreements, provided that we ensure the Security Measures for all retained data.

2. Nature and Purpose of the Processing:

The scope and purpose of Processing of the Client Personal Data is:

to provide, maintain and facilitate the Chatbo’s Services as well as to ensure safeguards of Services performance, upgrade and improve the functionality of the Services;

to provide Client with access to its Client Personal Data (including chat content) and maintain this access via standard API methods for the duration of paid subscription to the Services (active subscription) in accordance with the Agreement and this DPA;

to secure Client’s as well as Chatbo’s claims that may arise due to the Services
in order to comply with our legal obligations (i.e. legal, tax or regulatory reasons), and essential purpose (legitimate interest, resolving disputes and enforcing our agreements).

3. Categories of Data Subjects:

Data subjects include Client’s employees, and individuals authorized by Client to access Client’s account in the Services, and Client’s end-users communicating/interacting with Client via Services. Data Subjects may also include individuals attempting to communicate or transfer personal information to users of Chatbo’s Services. Data Subjects exclusively determine the content of data submitted to Chatbo. Due to a full autonomy of Data Subjects regarding data entered to the Services, Chatbo shall not be liable for any data in the Services regardless if it constitutes Personal Data or not.

4. Sensitive Data or Special Categories of Data (if appropriate):

Chatbo and Client do not want to, nor do it intentionally, collect or Process any Sensitive Data,special categories of data, genetic data, biometric data, data concerning health. in connection with the provision of the Services. Client is solely responsible for ensuring that suitable safeguards are in place prior to transmitting or processing any Client’s Personal Data to transmit or process any Sensitive Data, special categories of data, genetic data, biometric data, data concerning health via the Services.

5. Types of Personal Data of Client:

Client Personal Data may include but is not limited to email, first name and last name, address, title, contact details, username, chat history, financial information (credit card details, account details, payment information); employment details (employer, job title) and other data in an electronic form provided in the context of Chatbo’s Services (specified in the Agreement).

EXHIBIT B TO DPA: TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES

Description of the technical and organisational measures implemented by the data importer (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.

1. Access Control. Personnel. 

Chatbo’s personnel will not process Client Personal Data without authorization and shall have access to Client Personal Data to the minimum necessary to provide and maintain the Services.

2. Data Privacy Contact

Chatbo LLC
600 N Broad Street - Suite 5 #3492
Middletown, DE 19709
USA

Email: mail@chatbo.ai

3. Technical and Organization Measures. 

Chatbo has implemented and will maintain, for the entire term of the Agreement with Client, appropriate technical and organizational measures, internal controls, and information security routines intended to protect Client Personal Data against accidental loss, destruction, or alteration; unauthorized disclosure or access; or unlawful destruction as follows:

3.1 Risk Management.

(a) Risk Assessment is carried out annually;

(b) Chatbo implements measures, as needed, to address discovered risks in a timely manner.

3.2 Storage. 

Chatbo’s database servers are hosted in a data center operated by a third party vendor. Chatbo maintains complete administrative control over the virtual servers, and no third-party vendors have logical access to Client Personal Data.

3.3 Asset Management:

(a) Asset Inventory. Chatbo maintains an inventory of all media on which Client Data is stored. Access to the inventories of such media is restricted to authorized personnel;

(b) Asset Handling. Chatbo’s employees are required to utilize encryption to store data in a secure manner and is required to use two-factor authentication whenever is reasonable and applicable.

3.4 Software Development and Acquisition: 

Software developed by Chatbo has secure coding standards and procedures as set out in its standard operating procedures.

3.5 Change Management: 

Chatbo implements change management that provide a consistent approach for controlling, implementing, and documenting changes (including emergency changes) for Chatbo’s software, information systems or network architecture.

3.6 Third Party Provider Management: 

In selecting third party providers who may gain access to, store, transmit or use Client Personal Data, Chatbo conducts a quality and security assessment pursuant to the provisions of its standard operating procedures.

3.7 Human Resources Security. 

Chatbo informs its personnel about relevant security procedures and their respective roles, as well as of possible consequences of breaching the security rules and procedures. Such consequences include disciplinary and/or legal action.

3.8 Physical and Environmental Security:

(a) Physical Access to Facilities. Chatbo limits access to facilities where information systems that process Client Data are located to identify authorized individuals who require such access for the performance of their job function. Chatbo terminates the physical access of individuals promptly following the date of the termination of their employment or services or their transfer to a role no longer requiring access to Client Personal Data;

(b) Protection from Disruptions. Chatbo uses commercially reasonable systems and measures to protect against loss of data due to power supply failure or line interference.

3.9 Communications and Operations Management:

(a) Security Documents. Chatbo maintains security documents describing its security measures and the relevant procedures;

(b) Data Recovery Procedures:

(i) On an ongoing basis, Chatbo maintains multiple copies of Client Personal Data from which it can be recovered;.

(ii) Chatbo stores copies of ClientData and data recovery procedures in a different place from where the primary computer equipment processing Client Personal Data is located;

(iii) Chatbo has procedures in place governing access to copies of Client Personal Data;

(iv) Chatbo implements anti-malware controls, based on the risk assessment, to help avoid malicious software gaining unauthorized access to Client Personal Data;

(c) Encryption; Mobile Media. Chatbo uses HTTPS encryption on all data connections. Chatbo restricts access to Client Personal Data in media leaving its facilities. Chatbo further has a destruction policy for hardware in the data center that stores Client Personal Data;

(d) Event Logging. Chatbo logs the use of data-processing systems. Logs are maintained for at least 10 days.

3.10 Access Control.

(a) Records of Access Rights. Chatbo maintains a record of security privileges of individuals having access to Client Personal data;

(b) Access Authorization:

(i) Chatbo maintains and updates a record of personnel authorized to access systems that contain Client Personal Data;

(ii) Chatbo deactivates authentication credentials of its personnel immediately upon the termination of their services;

(c) Least Privilege:

(i) Chatbo restricts access to Client Personal Data to only those individuals who require such access to perform their role and responsibilities

(d) Integrity and Confidentiality;

(i) Chatbo instructs its personnel to disable administrative sessions when leaving the Chatbo’s premises or when computers are unattended;

(ii) Chatbo’s stores passwords in a way that makes them unintelligible while they are in force;

(e) Authentication;

(i) Chatbo uses commercially reasonable practices to identify and authenticate users who attempt to access information systems;

(ii) Where authentication mechanisms are based on passwords, Chatbo requires the password to be at least 6 or at least 8 characters long (depending on the Services);

(iii) Chatbo allows using double authorization (2-factor authentication) of access to the Services.

(iv) Chatbo ensures that de-activated or expired identifiers are not granted to other individuals;

(v) Network Design. Chatbo has controls to avoid individuals assuming access rights they have not been assigned to gain access to customer data they are not authorized to access.

3.11 Network Security:

(a) Network Security Controls. Chatbo’s information systems have security controls designed to detect and mitigate attacks by using logs and alerting

(b) Antivirus. Chatbo’s implements endpoint protection, whenever it is reasonable due to the potential attack surface and technically applicable, on its hosting environments, including antivirus; which are continuously updated with critical patches or security releases.

3.12 Information Security Incident Management.

(a) Record of Breaches. Chatbo maintains a record of security breaches with a description of the breach, the time period, the consequences of the breach, the name of the reporter, and the procedure for recovering data;

(b) Record of Disclosure. Chatbo tracks disclosures of Client Personal Data, including what data has been disclosed, to whom, and at what time, unless prohibited by law.


3.13 Technical and organizational

Measures to be taken by the sub-processor to provide assistance to the controller and for transfers from a processor to a sub-processor to the Client. When Chatbo engages a Sub-Processor under this DPA, Chatbo and a Sub-Processor enter into an agreement with data protection obligations substantially similar to those contained in this DPA. Chatbo will restrict Sub-Processor’s access to Client Personal Data only to what is strictly necessary to provide the Services, and Chatbo will prohibit the Sub-Processor from Processing the Client Data for any other purpose.

3.14 Penetration tests

Chatbo conducts penetration tests annually to evaluate the security of systems which process the Client Personal Data. All vulnerabilities identified in the process are addressed in timely matter based on their severity.

3.15 Safeguards Control

Chatbo conducts regular testing and monitoring of the effectiveness of its safeguards and controls.


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