DATA PROCESSING AGREEMENT
Data Processor Agreement pursuant to Article 28 GDPR
Legal Notice: This is a courtesy translation. In case of any contradiction or discrepancy between the English and Spanish versions, the Spanish version shall prevail for all legal purposes.
This Data Processing Agreement ("DPA") forms an integral part of the service contract between the Client (hereinafter, the "Data Controller") and AI SOLUTIONS FOR BUSINESS STRATEGY S.L. (hereinafter, "Bybusiness AI" or the "Data Processor"), and regulates the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, "GDPR"), and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).
1. Definitions
For the purposes of this DPA, the following definitions apply:
- Data Controller: The Client who contracts Bybusiness AI's services and determines the purposes and means of processing personal data.
- Data Processor: Bybusiness AI, which processes personal data on behalf of and following the instructions of the Data Controller.
- Personal Data: Any information relating to identified or identifiable natural persons contained in the data uploaded by the Client to the Bybusiness AI platform.
- Processing: Any operation performed on personal data, including collection, storage, analysis, consultation, transmission or deletion.
- Sub-processor: Any third party engaged by Bybusiness AI to assist in processing personal data.
- Data Breach: Any security breach leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.
2. Object and Duration
2.1 Object: This DPA regulates the processing of personal data that the Client uploads to the Bybusiness AI platform for the purpose of business intelligence analysis using artificial intelligence technologies.
2.2 Duration: This DPA shall remain in force for the duration of the service contract between the parties. Upon termination of the contract, the provisions of Clause 11 (Return and Deletion of Data) shall apply.
3. Nature and Purpose of Processing
3.1 Nature of Processing: Automated processing of personal data through artificial intelligence and language models (LLM) to generate business analysis, strategic recommendations, and business intelligence reports.
3.2 Purpose: To provide business intelligence services based on artificial intelligence, including:
- Analysis of business data uploaded by the Client
- Generation of strategic reports and recommendations
- Visualization and presentation of analyzed data
- Secure storage of data on the platform
4. Categories of Personal Data and Data Subjects
4.1 Categories of Data Subjects: Depending on the data uploaded by the Client, these may include:
- Employees of the Client organization
- Customers and suppliers of the Client
- Other natural persons whose data are contained in the business documents uploaded to the platform
4.2 Categories of Personal Data: The personal data processed may include:
- Identification data: names, surnames, ID numbers
- Contact data: email addresses, telephone numbers, postal addresses
- Professional data: job position, company, department
- Transactional data: purchase and sales information, commercial transactions
- Financial data: invoices, payments, budgets (if applicable)
- Any other data contained in documents uploaded by the Client to the platform
Important: Bybusiness AI does not process special categories of personal data (Article 9 GDPR) unless expressly authorized in writing by the Client.
5. Obligations of the Data Processor
Bybusiness AI undertakes to:
- 5.1 Process personal data only on documented instructions from the Data Controller, including with regard to transfers of personal data to third countries or international organizations, unless required by law.
- 5.2 Ensure that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- 5.3 Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk (see Clause 6).
- 5.4 Respect the conditions for engaging sub-processors as set out in Clause 7.
- 5.5 Assist the Data Controller in responding to requests from data subjects exercising their rights under Chapter III of the GDPR.
- 5.6 Assist the Data Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.
- 5.7 Delete or return all personal data to the Data Controller at the end of the provision of services, as set out in Clause 11.
- 5.8 Make available to the Data Controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR and allow for and contribute to audits conducted by the Data Controller or an auditor mandated by the Data Controller.
- 5.9 Notify the Data Controller without undue delay (and no later than 24 hours) after becoming aware of a personal data breach.
6. Security Measures
Bybusiness AI implements the following technical and organizational measures to ensure an appropriate level of security:
- Infrastructure: All data is hosted on Microsoft Azure servers located exclusively in the European Union (Germany), with enterprise-level security certifications (ISO 27001, SOC 2, etc.).
- Encryption: Data in transit is encrypted using TLS 1.3 protocols. Data at rest is encrypted using AES-256 encryption.
- Access Control: Multi-factor authentication (MFA) for all user accounts. Role-based access control (RBAC) with least privilege principle.
- Network Security: Firewalls, intrusion detection systems, and regular security monitoring.
- Backup and Recovery: Regular automated backups with secure storage and tested recovery procedures.
- Logging and Monitoring: Comprehensive audit logs of all access and processing activities.
- Incident Response: Documented incident response procedures with 24-hour notification commitment.
- Staff Training: Regular data protection and security training for all personnel with access to personal data.
- Physical Security: Azure data centers have physical security measures including access controls, surveillance, and environmental controls.
7. Sub-processors
7.1 Authorization: The Data Controller authorizes Bybusiness AI to engage the sub-processors listed below. Bybusiness AI shall inform the Data Controller of any intended changes concerning the addition or replacement of sub-processors, giving the Data Controller the opportunity to object to such changes within 30 calendar days.
7.2 Current Sub-processors:
| Sub-processor | Service | Location |
|---|---|---|
| Microsoft Corporation | Cloud Infrastructure (Azure) | Germany (EU) |
7.3 Sub-processor Obligations: Bybusiness AI shall ensure that sub-processors are bound by the same data protection obligations as set out in this DPA and shall remain fully liable to the Data Controller for the performance of the sub-processor's obligations.
8. Data Subject Rights
8.1 Bybusiness AI shall assist the Data Controller in responding to requests from data subjects exercising their rights under GDPR (access, rectification, erasure, restriction, data portability, and objection).
8.2 If Bybusiness AI receives a request directly from a data subject, it shall forward the request to the Data Controller without undue delay and shall not respond to the request itself unless instructed by the Data Controller.
8.3 Bybusiness AI shall provide reasonable assistance to the Data Controller, taking into account the nature of the processing and the information available, to enable the Data Controller to respond to data subject requests within the legal timeframes (generally 1 month).
9. Data Breach Notification
9.1 Bybusiness AI shall notify the Data Controller without undue delay, and in any case within 24 hours, after becoming aware of a personal data breach.
9.2 The notification shall include, to the extent possible:
- Description of the nature of the breach, including categories and approximate number of data subjects and data records affected
- Contact details of the data protection point of contact
- Description of the likely consequences of the breach
- Description of measures taken or proposed to address the breach and mitigate its adverse effects
9.3 Bybusiness AI shall cooperate with the Data Controller and provide further information and assistance as reasonably required to enable the Data Controller to comply with its obligations under Articles 33 and 34 GDPR.
10. Audits and Inspections
10.1 Bybusiness AI shall make available to the Data Controller all information necessary to demonstrate compliance with this DPA and the obligations laid down in Article 28 GDPR.
10.2 The Data Controller may conduct audits, including inspections, to verify Bybusiness AI's compliance with this DPA. Such audits shall be:
- Conducted upon reasonable advance notice (minimum 30 days)
- Conducted during normal business hours
- Conducted in a manner that does not unreasonably interfere with Bybusiness AI's operations
- Limited to once per year, unless there is reasonable cause for additional audits
10.3 The Data Controller may appoint a qualified independent auditor to conduct audits on its behalf. The auditor must be bound by confidentiality obligations.
10.4 Reasonable costs associated with audits shall be borne by the Data Controller, except where the audit reveals non-compliance with this DPA, in which case Bybusiness AI shall bear the costs.
11. Return and Deletion of Data
11.1 Upon termination of the service contract, or upon the Data Controller's written request, Bybusiness AI shall, at the Data Controller's choice:
- Return all personal data to the Data Controller in a structured, commonly used, and machine-readable format; and/or
- Securely delete all personal data and certify to the Data Controller that this has been done
11.2 The return or deletion shall be completed within 30 days of contract termination or the Data Controller's request.
11.3 Bybusiness AI may retain personal data to the extent required by applicable law, and only for the purposes and duration required by such law. Bybusiness AI shall inform the Data Controller of any such legal requirements.
11.4 After deletion, personal data shall be irrecoverably destroyed, including all backup copies, except where retention is required by law.
12. International Data Transfers
12.1 All personal data processed by Bybusiness AI is stored and processed exclusively within the European Economic Area (EEA), specifically in Germany.
12.2 Bybusiness AI shall not transfer personal data outside the EEA without prior written authorization from the Data Controller and without ensuring appropriate safeguards are in place as required by Chapter V of the GDPR.
12.3 The language models and AI processing are deployed on private servers in Azure EU regions and do not involve any data transfer to third countries.
13. Liability and Indemnification
13.1 Each party shall be liable for damages caused by its processing of personal data to the extent provided by Articles 82 to 84 of the GDPR.
13.2 Bybusiness AI shall indemnify the Data Controller against any claims, losses, or damages arising from Bybusiness AI's breach of this DPA or applicable data protection laws.
13.3 The Data Controller shall indemnify Bybusiness AI against any claims arising from the Data Controller's instructions that violate applicable data protection laws.
14. Contact and Communication
For all matters related to this DPA, please contact:
Bybusiness AI - Data Protection Contact:
Email: info@bybusiness-ai.com
General Contact: info@bybusiness-ai.com
Company: AI SOLUTIONS FOR BUSINESS STRATEGY S.L.
Tax ID: B21784491
15. Amendments
15.1 Bybusiness AI may update this DPA to reflect changes in applicable laws, regulations, or processing practices.
15.2 Material changes shall be communicated to the Data Controller at least 30 days in advance. The Data Controller may object to such changes within this period.
15.3 If the Data Controller objects to material changes, either party may terminate the service contract with 30 days' notice, subject to the provisions of Clause 11.
16. Governing Law and Jurisdiction
This DPA shall be governed by and construed in accordance with Spanish law. Any disputes arising from this DPA shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain, unless mandatory consumer protection laws require otherwise.
Last Updated: December 2024
This Data Processing Agreement is effective as of the date of acceptance by the Client.