Data Processing Agreement

01Overview 02Definitions 03Scope of processing 04Roles & responsibilities 05Confidentiality 06Security measures 07Sub-processors 08International transfers 09Data subject rights 10Data breach 11Data retention & deletion 12Liability 13Governing law

Qwrki OSLegalData Processing Agreement

This DPA forms part of the agreement between Qwrki (Processor) and the Client (Controller). It applies where Qwrki processes personal data on behalf of the Client in connection with service delivery, and supplements the Terms of Service and Privacy Policy.

Last updated: April 202613 sectionsVersion 1.0Applies to all data processing clients

Overview

This Data Processing Agreement ("DPA") forms part of the agreement between Qwrki ("Processor", "we", "us") and the Client ("Controller", "you").

It applies where Qwrki processes personal data on behalf of the Client in connection with service delivery.

This DPA supplements the Qwrki Terms of Service and Privacy Policy.

Definitions

Key terms used in this agreement

Personal Data — Any information relating to an identifiable individual
Processing — Any operation performed on personal data (collection, storage, use, transfer, etc.)
Controller — The entity that determines the purposes and means of processing
Processor — The entity that processes data on behalf of the Controller

Scope of processing

Qwrki processes personal data only on documented instructions from the Client and for the purpose of delivering agreed services.

This may include:

CRM and email marketing data
Customer and user data
Website and analytics data
Campaign and advertising data
eCommerce and transactional data

Roles & responsibilities

4.1 Client — controller

The Client:

Determines the purpose and legal basis of processing
Is responsible for compliance with applicable data protection laws
Ensures lawful collection and use of personal data
Provides clear instructions to Qwrki

4.2 Qwrki — processor

Qwrki:

Processes data only in accordance with Client instructions
Does not use personal data for its own purposes
Implements appropriate security measures
Ensures personnel handling data are authorised and bound by confidentiality

Confidentiality

Qwrki ensures that:

All personnel with access to personal data are subject to confidentiality obligations
Data is accessed only where necessary for service delivery

Security measures

Qwrki implements appropriate technical and organisational measures, including:

Access controls and permission management
Secure handling of credentials
Use of reputable third-party platforms
Limiting data access to authorised personnel

The Client acknowledges that no system is completely secure.

Sub-processors

Qwrki may engage third-party sub-processors to support service delivery, including:

Cloud hosting providers
Analytics platforms
Advertising platforms
CRM and email systems

Qwrki ensures that sub-processors

Are reputable and compliant
Process data under appropriate contractual safeguards

A list of core sub-processors can be provided upon request.

International transfers

Personal data may be transferred outside the Client's jurisdiction.

Qwrki ensures appropriate safeguards are in place, including:

Use of compliant service providers
Contractual protections where required

Data subject rights

Qwrki will, where reasonably possible:

Assist the Client in responding to data subject requests
Provide access, correction or deletion support where required

The Client remains responsible for managing and responding to data subject requests.

Data breach

In the event of a data breach affecting Client data, Qwrki will:

Notify the Client without undue delay
Provide relevant information available at the time
Support reasonable investigation efforts

Qwrki is not responsible for breaches caused by

Client systems
Third-party platforms outside its control

Data retention & deletion

Upon termination of services:

Qwrki will cease processing personal data
Data may be retained only where required for legal or operational purposes
Deletion or return of data may be performed upon request where feasible

Liability

To the maximum extent permitted by law:

Qwrki's liability is limited as set out in the Terms of Service

Qwrki is not liable for data issues arising from

Client instructions
Client systems
Third-party platforms

Governing law

This DPA is governed by the same jurisdiction as the Qwrki Terms of Service.