Data Processing Agreement
WELCOME TO MYNZO CARBON
This Data Processing Agreement (“DPA”) forms part of the Terms of Use (or other similarly titled written orelectronic agreement addressing the same subject matter) (“Agreement”) between Customer (as definedin the Agreement) and “Mynzo Carbon” under which the Processor provides the Controller with thesoftware and services (the “Services”). The Controller and the Processor are individually referred to as a“Party” and collectively as the “Parties”.
The Parties seek to implement this DPA to comply with the requirements of EU GDPR (definedhereunder) in relation to Processor’s processing of Personal Data (as defined under the EU GDPR) aspart of its obligations under the Agreement.
This DPA shall apply to Processor’s processing of Personal Data, provided by the Controller as part ofProcessor’s obligations under the Agreement.
Except as modified below, the terms of the Agreement shall remain in full force and effect.
1. Definitions
Terms not otherwise defined herein shall have the meaning given to them in the EU GDPR or theAgreement. The following terms shall have the corresponding meanings assigned to them below:
  1. "Data Transfer" means a transfer of the Personal Data from the Controller to the Processor,or between two establishments of the Processor, or with a Sub-processor by the Processor.
  2. “EU GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of theCouncil of 27 April 2016 on the protection of natural persons with regard to the processing ofpersonal data and on the free movement of such data and repealing Directive 95/46/EC(General Data Protection Regulation).
  3. “Standard Contractual Clauses” means the contractual clauses attached hereto asSchedule 1 pursuant to the European Commission’s Implementing Decision (EU) 2021/914of 4 June 2021 on Standard Contractual Clauses for the transfer of Personal Data toprocessors established in third countries which do not ensure an adequate level of dataprotection.
  4. “Controller” means the natural or legal person, public authority, agency, or other body which,alone or jointly with others, determines the purposes and means of the processing ofpersonal data; where the purposes and means of such processing are determined by Unionor Member State law, the controller or the specific criteria for its nomination may be providedfor by Union or Member State law.
  5. “Processor” means a natural or legal person, public authority, agency, or other body whichprocesses personal data on behalf of the controller.
  6. “Sub-processor” means a processor/ sub-contractor appointed by the Processor for theprovision of all or parts of the Services and Processes the Personal Data as provided by theController.
2. Purpose of this Agreement
  1. This DPA sets out various obligations of the Processor in relation to the Processing of Personal Dataand shall be limited to the Processor’s obligations under the Agreement. If there is a conflict betweenthe provisions of the Agreement and this DPA, the provisions of this DPA shall prevail.
3. Categories of Personal Data and Data Subjects
  1. The Controller authorizes permission to the Processor to process the Personal Data to the extent ofwhich is determined and regulated by the Controller. The current nature of the Personal Data isspecified in Annex I to Schedule 1 to this DPA.
4. Purpose of Processing
  1. The objective of Processing of Personal Data by the Processor shall be limited to the Processor’sprovision of the Services to the Controller and or its Client, pursuant to the Agreement.
5. Duration of Processing
  1. The Processor will Process Personal Data for the duration of the Agreement, unless otherwiseagreed upon in writing by the Controller
6. Data Controller’s Obligations
  1. The Data Controller shall warrant that it has all necessary rights to provide the Personal Data tothe Data Processor for the Processing to be performed in relation to the agreed services. To theextent required by Data Privacy Laws, Data Controller is responsible for ensuring that it providessuch Personal Data to Data Processor based on an appropriate legal basis allowing lawfulprocessing activities, including any necessary Data Subject consents to this Processing areobtained, and for ensuring that a record of such consents is maintained. Should such consent berevoked by the Data Subject, the Data Controller is responsible for communicating the fact ofsuch revocation to the Data Processor.
  2. The Data Controller shall provide all natural persons from whom it collects Personal Data withthe relevant privacy notice.
  3. The Data Controller shall request the Data Processor to purge Personal Data when required bythe Data Controller or any Data Subject whom it collects Personal Data unless the DataProcessor is otherwise required to retain the Personal Data by applicable law.
  4. The Data Controller shall immediately advise the Data Processor in writing if it receives or learnsof any
  5. Complaint or allegation indicating a violation of Data Privacy Laws regarding PersonalData;
  6. Request from one or more individuals seeking to access, correct, or delete Personal Data;
  7. Inquiry or complaint from one or more individuals relating to the collection, processing, use,or transfer of Personal Data;
  8. Any regulatory request, search warrant, or other legal, regulatory, administrative, orgovernmental process seeking Personal Data
7. Data Processor’s Obligations
  1. The Processor will follow written and documented instructions received, including email, fromthe Controller, its affiliate, agents, or personnel, with respect to the Processing of Personal Data(each, an “Instruction”).
  2. The Processing described in the Agreement and the relating documentation shall be consideredas Instruction from the Controller.
  3. At the Data Controller’s request, the Data Processor will provide reasonable assistance to theData Controller in responding to/ complying with requests/ directions by Data Subject inexercising their rights or of the applicable regulatory authorities regarding Data Processor’sProcessing of Personal Data.
  4. In relation to the Personal Data, Data Processor shall obtain consent (where necessary) and/orprovide notice to the Data Subject in accordance with Data Protection Laws to enable sharedPersonal Data to be provided to, and used by, the other Party as contemplated by thisAgreement.
  5. Where shared Personal Data is transferred outside the Data Processor’s territorial boundaries,the transferor shall ensure that the recipient of such data is under contractual obligations toprotect such Personal Data to the same or higher standards as those imposed under thisAddendum and the Data Protection Laws.
  6. The processor shall inform the controller if, in its opinion, a processing instruction infringesapplicable legislation or regulation.
  7. As A Data Processor ,taking into account the nature of the processing and the informationavailable to the Data Processor, the Data Processor shall assist the data controller inconducting any necessary Data Protection Impact Assessments (DPIAs), as required underGDPR.
8. Data Secrecy
  1. To Process the Personal Data, the Processor will use personnel who are
  2. Informed of the confidential nature of the Personal Data, and
  3. Perform the Services in accordance with the Agreement.
  4. The Processor will regularly train individuals having access to Personal Data in data securityand data privacy in accordance with accepted industry practice and shall ensure that all thePersonal Data is kept strictly confidential.
  5. The Processor will maintain appropriate technical and organizational measures for protection ofthe security, confidentiality, and integrity of the Personal Data as per the specifications as perthe standards mutually agreed in writing by the Parties.
9. Audit Rights
  1. Upon Controller’s reasonable request, the Processor will make available to the Controller,information as is reasonably necessary to demonstrate Processor’s compliance with itsobligations under the EU GDPR or other applicable laws in respect of its Processing of thePersonal Data.
  2. When the Controller wishes to conduct the audit (by itself or through a representative) atProcessor’s site, it shall provide at least fifteen (15) days’ prior written notice to the Processor;the Processor will provide reasonable cooperation and assistance in relation to audits, includinginspections, conducted by the Controller or its representative.
  3. The Controller shall bear the expense of such an audit.
10. Mechanism of Data Transfers
  1. Any Data Transfer for the purpose of Processing by the Processor in a country outside the EuropeanEconomic Area (the “EEA”) shall only take place in compliance as detailed in Schedule 1 to the DPA.Where such model clauses have not been executed at the same time as this DPA, the Processorshall not unduly withhold the execution of such template model clauses, where the transfer ofPersonal Data outside of the EEA is required for the performance of the Agreement.
11. Sub-processors
  1. The Controller acknowledges and agrees that the Processor, may engage a third-partySub-processor(s) in connection with the performance of the Services, provided suchSub-processor(s) take technical and organizational measures to ensure confidentiality ofPersonal Data shared with them; The current Sub-processors engaged by the Processors andapproved by the Controller are listed in Annex III of Schedule 1 hereto. The processor shallnotify the controller at least thirty (30) calendar days in advance of any intended changes oradditions to its Sub-processors listed in Annex III by emailing notice of the intended change toCustomer. In accordance with Article 28(4) of the GDPR, the Processor shall remain liable toController for any failure on behalf of a Sub-processor to fulfil its data protection obligationsunder the DPA in connection with the performance of the Services.
  2. If the Controller has a concern that the Sub-processor(s) Processing of Personal Data isreasonably likely to cause the Controller to breach its data protection obligations under theGDPR, the Controller may object to Processor’s use of such Sub-processor and the Processorand Controller shall confer in good faith to address such concern.
12. Personal Data Breach Notification
  1. The Processor shall maintain defined procedures in case of a Personal Data Breach (asdefined under the GDPR) and shall without undue delay notify Controller if it becomes awareof any Personal Data Breach unless such Data Breach is unlikely to result in a risk to therights and freedoms of natural persons.
  2. The Processor shall provide the Controller with all reasonable assistance to comply with thenotification of Personal Data Breach to Supervisory Authority and/or the Data Subject, toidentify the cause of such Data Breach and take such commercially reasonable steps asreasonably required to mitigate and remedy such Data Breach.
  3. No Acknowledgement of Fault by Processor. Processor’s notification of or response to aPersonal Data Breach under this DPA will not be construed as an acknowledgement byProcessor of any fault or liability with respect to the data incident.
13. Return and Deletion of Personal Data
  1. The Processor shall at least thirty (30) days from the end of the Agreement or cessation ofthe Processor’s Services under the Agreement, whichever occurs earlier, shall return to theController all the Personal Data, or if the Controller so instructs, the Processor shall havethe Personal Data deleted. The Processor shall return such Personal Data in a commonlyused format or in the current format in which it was stored at discretion of the Controller,soon as reasonably practicable following receipt of Controller’s notification.
  2. In any case, the Processor shall delete Personal Data including all the copies of it as soonas reasonably practicable following the end of the Agreement.
14. Technical and Organizational Measures
  1. Having regard to the state of technological development and the cost of implementing any measures,the Processor will take appropriate technical and organizational measures against the unauthorizedor unlawful processing of Personal Data and against the accidental loss or destruction of, or damageto, Personal Data to ensure a level of security appropriate to: (a) the harm that might result fromunauthorized or unlawful processing or accidental loss, destruction or damage; and (b) the nature ofthe data to be protected [including the measures stated in Annex II of Schedule 1]
ANNEX I
A. LIST OF PARTIES
Data exporter(s):
Name : Customer (As set forth in the relevant Order Form).
Address: As set forth in the relevant Order Form.
Contact person’s name, position, and contact details: As set forth in the relevant Order Form.
Activities relevant to the data transferred under these Clauses: Recipient of the Services provided byMynzo Carbon in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role Controller/ Processor): Controller
Data importer(s):
Name: Mynzo Carbon
Address: 6th Floor, Avanta Coworking Space, Park Centra, Sector 30, Gurugram, Haryana
Contact person’s name, position, and contact details: Ravi Kiran, Data Protection officer,ravi.kiran@mynzocarbon.com
Activities relevant to the data transferred under these Clauses: Provision of the Services to theCustomer in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (controller/processor): Processor.
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
Customer’s authorized users of the Services.
Categories of personal data transferred
Name, Address, Date of Birth, Age, Education, Email, Gender, Image, Job, Language, Phone,Related person, Related URL, User ID, Username.
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take intoconsideration the nature of the data and the risks involved, such as for instance strict purpose limitation,access restrictions (including access only for staff having followed specialized training), keeping a recordof access to the data, restrictions for onward transfers or additional security measures.
No sensitive data collected.
The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis).
Continuous basis
Nature of the processing
Purpose(s) of the data transfer and further processing
The purpose of the transfer is to facilitate the performance of the Services more fully described inthe Agreement and accompanying order forms.
The period for which the personal data will be retained, or, if that is not possible, the criteria used todetermine that period
The period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms.
For transfers to (sub-) processors, also specify subject matter, nature, and duration of the processing
The subject matter, nature, and duration of the Processing more fully described in the Agreement,Addendum, and accompanying order forms.
C.COMPETENT SUPERVISORY AUTHORITY
Data exporter is established in an EEA country.
The competent supervisory authority is as determined by application of Clause 13 of the EU SCCs.
ANNEX II
TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL ANDORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
Description of the technical and organisational security measures implemented by Mynzo Carbon as thedata processor/data importer 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 naturalpersons.
Security
  • Security Management System.
    ▪ Organization. Mynzo Carbon designates qualified security personnel whoseresponsibilities include development, implementation, and ongoing maintenanceof the Information Security Program.
    ▪ Policies. Management reviews and supports all security related policies toensure the security, availability, integrity and confidentiality of Customer PersonalData. These policies are updated at least once annually.
    ▪ Assessments. Mynzo Carbon engages a reputable independent third-party toperform risk assessments of all systems containing Customer Personal Data atleast once annually.
    ▪ Risk Treatment. Mynzo Carbon maintains a formal and effective risk treatmentprogram that includes penetration testing, vulnerability management and patchmanagement to identify and protect against potential threats to the security,integrity or confidentiality of Customer Personal Data.
    ▪ Vendor Management. Mynzo Carbon maintains an effective vendormanagement program
    ▪ Incident Management. Mynzo Carbon reviews security incidents regularly,including effective determination of root cause and corrective action.
    ▪ Standards. Mynzo Carbon operates an information security managementsystem that complies with the requirements of ISO 27001:2022 standard.
  • Personnel Security.
    ▪ Mynzo Carbon personnel are required to conduct themselves in a mannerconsistent with the company’s guidelines regarding confidentiality, businessethics, appropriate usage, and professional standards. Mynzo Carbon conductsreasonably appropriate background checks on any employees who will haveaccess to client data under this Agreement, including in relation to employmenthistory and criminal records, to the extent legally permissible and in accordancewith applicable local labor law, customary practice and statutory regulations.
    ▪ Personnel are required to execute a confidentiality agreement in writing at thetime of hire and to protect Customer Personal Data at all times. Personnel mustacknowledge receipt of, and compliance with, Mynzo Carbon’s confidentiality,privacy and security policies. Personnel are provided with privacy and securitytraining on how to implement and comply with the Information Security Program.Personnel handling Customer Personal Data are required to complete additionalrequirements appropriate to their role (e.g., certifications). Mynzo Carbon’spersonnel will not process Customer Personal Data without authorization.
  • Access Controls
    ▪ Access Management. Mynzo Carbon maintains a formal access managementprocess for the request, review, approval and provisioning of all personnel withaccess to Customer Personal Data to limit access to Customer Personal Dataand systems storing, accessing or transmitting Customer Personal Data toproperly authorized persons having a need for such access. Access reviews areconducted periodically to ensure that only those personnel with access toCustomer Personal Data still require it.
    ▪ Infrastructure Security Personnel. Mynzo Carbon has, and maintains, asecurity policy for its personnel, and requires security training as part of thetraining package for its personnel. Mynzo Carbon’s infrastructure securitypersonnel are responsible for the ongoing monitoring of Mynzo Carbon’s securityinfrastructure, the review of the Services, and for responding to securityincidents.
    ▪ Access Control and Privilege Management. Mynzo Carbon’s and Customer’sadministrators and end users must authenticate themselves via a Multi-Factorauthentication system or via a single sign on system in order to use the Services
    ▪ Internal Data Access Processes and Policies – Access Policy. MynzoCarbon’’s internal data access processes and policies are designed to protectagainst unauthorized access, use, disclosure, alteration or destruction ofCustomer Personal Data. Mynzo Carbon designs its systems to only allowauthorized persons to access data they are authorized to access based onprinciples of “least privileged” and “need to know”, and to prevent others whoshould not have access from obtaining access. Mynzo Carbon requires the useof unique user IDs, strong passwords, two factor authentication and carefullymonitored access lists to minimize the potential for unauthorized account use.The granting or modification of access rights is based on: the authorizedpersonnel’s job responsibilities; job duty requirements necessary to performauthorized tasks; a need to know basis; and must be in accordance with MynzoCarbon’s internal data access policies and training. Approvals are managed byworkflow tools that maintain audit records of all changes. Access to systems islogged to create an audit trail for accountability. Where passwords are employedfor authentication (e.g., login to workstations), password policies follow industrystandard practices. These standards include password complexity, passwordexpiry, password lockout, restrictions on password reuse and re-prompt forpassword after a period of inactivity
  • Data Center and Network Security
    ▪ Data Centers.
      ▪ Infrastructure. Mynzo Carbon has AWS as its data center.
       ▪ Resiliency. Multi Availability Zones are enabled on AWS and MynzoCarbon conducts Backup Restoration       Testing on regular basis to ensureresiliency.
       ▪ Server Operating Systems. Mynzo Carbon’s servers are customized forthe application environment and       the servers have been hardened for thesecurity of the  Services. Mynzo Carbon employs a code review       processto increase the security of the code used to provide the Services andenhance the security        products in production environments.
       ▪ Disaster Recovery. Mynzo Carbon replicates data over multiplesystems to help to protect against       accidental destruction or loss. MynzoCarbon has designed and  regularly plans and tests its disaster        recoveryprograms.
       ▪ Security Logs. Mynzo Carbon’s systems have logging enabled to theirrespective system log facility in      order to support the security audits, andmonitor and detect actual and attempted attacks on, or       intrusions into,Mynzo Carbon’s systems.
       ▪ Vulnerability Management. Mynzo Carbon performs regularvulnerability scans on all infrastructure      components of its production anddevelopment environment. Vulnerabilities are remediated on a      riskbasis, with Critical, High and Medium security patches for all componentsinstalled as soon as      commercially possible.
  • Networks and Transmission.
    ▪ Data Transmission. Transmissions on production environment are transmittedvia Internet standard protocols.
    ▪ External Attack Surface. AWS Security Group which is equivalent to virtualfirewall is in place for Production environment on AWS.
    ▪ Incident Response. Mynzo Carbon maintains incident management policies andprocedures, including detailed security incident escalation procedures. MynzoCarbon monitors a variety of communication channels for security incidents, andMynzo Carbon’s security personnel will react promptly to suspected or knownincidents, mitigate harmful effects of such security incidents, and document suchsecurity incidents and their outcomes.
    ▪ Encryption Technologies. Mynzo Carbon makes HTTPS encryption (alsoreferred to as SSL or TLS) available for data in transit
  • Data Storage, Isolation, Authentication, and Destruction. Mynzo Carbon stores datain a multi-tenant environment on AWS servers. Data, the Services database and filesystem architecture are replicated between multiple availability zones on AWS. MynzoCarbon logically isolates the data of different customers. A central authentication systemis used across all Services to increase uniform security of data. Mynzo Carbon ensuressecure disposal of Client Data through the use of a series of data destruction processes.
ANNEX III
LIST OF SUB-PROCESSORS
The controller has authorized the use of the following sub-processors:

Name of Sub- Processor

Description of Processing

Location of Other Processor

Amazon Web Services

Hosting the ProductionEnvironment

MumbaiNorth Virginia

Slack

Messaging

USA

Google workspace

Email Services

India

Razorpay

Payroll

India