Data Processing Agreement (DPA)

This Data Processing Agreement governs the processing of personal data under GDPR, CCPA, and other applicable privacy laws.

1. Definitions

For the purposes of this DPA:

• "Controller" means the Client who determines the purposes and means of processing personal data
• "Processor" means SaaS Launchpad, processing personal data on behalf of the Controller
• "Personal Data" means any information relating to an identified or identifiable natural person
• "Processing" means any operation performed on personal data
• "Data Subject" means the natural person whose personal data is being processed
• "Supervisory Authority" means the relevant data protection authority

2. Scope and Application

This DPA applies when SaaS Launchpad processes personal data on behalf of the Client, including:

• Development of applications that handle personal data
• Implementation of analytics and tracking systems
• Setup of marketing automation and CRM systems
• Processing during support and maintenance activities
• Any other services involving personal data handling

3. Roles and Responsibilities

3.1 Controller Responsibilities (Client)

• Determine the lawful basis for processing personal data
• Ensure compliance with data protection laws in their jurisdiction
• Provide clear processing instructions to SaaS Launchpad
• Conduct Data Protection Impact Assessments where required
• Handle data subject requests and complaints
• Maintain records of processing activities
• Ensure adequate consents are obtained where required

3.2 Processor Responsibilities (SaaS Launchpad)

• Process personal data only on documented instructions from the Client
• Implement appropriate technical and organizational measures
• Ensure confidentiality of personal data
• Assist with data subject requests and compliance obligations
• Notify the Client of any personal data breaches
• Delete or return personal data upon termination
• Maintain records of processing activities

4. Categories of Data and Processing Activities

4.1 Categories of Personal Data

• Identity Data: Names, email addresses, phone numbers
• Contact Data: Billing addresses, delivery addresses
• Financial Data: Payment card details, bank account numbers
• Transaction Data: Purchase history, payment amounts
• Technical Data: IP addresses, login data, browser type
• Usage Data: Information about how services are used
• Marketing Data: Preferences for marketing communications

4.2 Categories of Data Subjects

• Prospective customers and leads
• Current and former customers
• Website visitors and users
• Business contacts and partners
• Employees of client organizations

4.3 Processing Activities

• Collection and storage of personal data
• Analysis and profiling for business purposes
• Communication and marketing activities
• Payment processing and fraud prevention
• Customer support and service delivery
• Legal compliance and record keeping

5. Security Measures

5.1 Technical Safeguards

• Encryption: Data encrypted in transit (TLS 1.3+) and at rest (AES-256)
• Access Controls: Multi-factor authentication and role-based access
• Network Security: Firewalls, intrusion detection, and monitoring
• Data Backup: Regular encrypted backups with secure storage
• Vulnerability Management: Regular security assessments and patching

5.2 Organizational Safeguards

• Staff Training: Regular privacy and security training programs
• Background Checks: Verification of personnel with data access
• Confidentiality Agreements: All staff bound by confidentiality obligations
• Incident Response: Documented procedures for security breaches
• Vendor Management: Due diligence on all sub-processors

6. Sub-Processing

6.1 Authorized Sub-Processors

SaaS Launchpad may engage the following categories of sub-processors:

• Hosting and Delivery: Vercel (hosting, edge delivery, logs)
• Analytics Services: Google Analytics (GA4)
• Email: Resend (delivery, analytics)
• Scheduling: Calendly
• Payment Processing: Stripe, PayPal (if applicable to a project)
• Development Tools: GitHub (source control) as needed

6.2 Sub-Processor Requirements

All sub-processors must:

• Provide adequate guarantees regarding technical and organizational measures
• Be bound by data protection obligations equivalent to this DPA
• Process personal data only for the purposes specified
• Notify SaaS Launchpad of any security incidents
• Submit to audits and inspections as required

6.3 Changes to Sub-Processors

• Client will be notified of any new sub-processors with 30 days advance notice
• Client may object to new sub-processors on reasonable grounds
• If objection cannot be resolved, Client may terminate affected services
• Current list of sub-processors available upon request

7. International Data Transfers

7.1 Transfer Mechanisms

Personal data may be transferred internationally using:

• Adequacy Decisions: To countries deemed adequate by relevant authorities
• Standard Contractual Clauses: EU/UK SCCs for other countries
• Binding Corporate Rules: Where applicable for sub-processors
• Certification Schemes: Privacy Shield successors or equivalent

7.2 Transfer Safeguards

• Assessment of local laws in destination countries
• Implementation of additional safeguards where necessary
• Regular review of transfer mechanisms and adequacy
• Suspension of transfers if safeguards become inadequate

8. Data Subject Rights

8.1 Assistance with Rights Requests

SaaS Launchpad will assist the Client in responding to data subject requests for:

• Access: Providing copies of personal data
• Rectification: Correcting inaccurate personal data
• Erasure: Deleting personal data ("right to be forgotten")
• Restriction: Limiting processing of personal data
• Portability: Providing data in structured, machine-readable format
• Objection: Stopping processing for direct marketing or legitimate interests

8.2 Response Timeline

• Acknowledge receipt of rights requests within 72 hours
• Provide necessary information within 30 days
• Notify if extension is needed (maximum 60 days total)
• Explain any limitations or refusals clearly

9. Data Breach Notification

9.1 Notification Requirements

• To Client: Immediate notification (within 24 hours) of any personal data breach
• Information Provided: Nature of breach, categories and number of records affected, likely consequences, measures taken
• Ongoing Updates: Additional information provided as investigation progresses
• Documentation: Written record of all breaches maintained

9.2 Breach Response

• Immediate containment and assessment of the breach
• Assistance with supervisory authority notifications
• Support for data subject notifications where required
• Cooperation with regulatory investigations
• Implementation of additional safeguards to prevent recurrence

10. Audits and Compliance

10.1 Audit Rights

• Client may audit SaaS Launchpad's compliance with this DPA
• Audits conducted at reasonable intervals (typically annually)
• 30 days advance notice required for on-site audits
• Client may use qualified third-party auditors
• Costs borne by Client unless significant non-compliance found

10.2 Audit Documentation

SaaS Launchpad will provide:

• Compliance certifications (SOC 2, ISO 27001, etc.)
• Third-party security assessment reports
• Documentation of technical and organizational measures
• Sub-processor compliance documentation
• Records of staff training and awareness programs

11. Data Retention and Deletion

11.1 Retention Periods

• Personal data retained only as long as necessary for specified purposes
• Retention periods defined in service agreements or as instructed by Client
• Regular review and deletion of data no longer required
• Backup data retention follows same principles with appropriate safeguards

11.2 Data Return and Deletion

Upon termination of services:

• Return all personal data to Client in commonly used format
• Delete all copies from SaaS Launchpad systems (including backups)
• Provide certification of deletion upon request
• Exception: Data required to be retained by law may be kept with appropriate safeguards

12. Liability and Indemnification

12.1 Data Protection Liability

• Each party liable for damages caused by their own data protection violations
• Joint and several liability where both parties are responsible
• Right of contribution between parties based on degree of responsibility
• Limitation of liability as specified in main service agreement

12.2 Regulatory Fines and Penalties

• Party responsible for violation bears associated fines and penalties
• Cooperation in challenging disproportionate or unfair penalties
• Sharing of costs where both parties contributed to violation
• Insurance coverage where available and appropriate

13. Term and Termination

13.1 Duration

• This DPA remains in effect for the duration of personal data processing
• Survives termination of main service agreement until data deletion
• Certain obligations (confidentiality, audit rights) survive indefinitely

13.2 Termination Rights

• Immediate termination for material breach of data protection obligations
• 30 days notice for non-material breaches with opportunity to cure
• Termination if adequate safeguards for international transfers become unavailable

14. Amendments and Updates

This DPA may be updated to reflect:

• Changes in applicable data protection laws
• New regulatory guidance or requirements
• Material changes to processing activities
• Industry best practices and standards

Material changes require written agreement from both parties.

15. Governing Law and Jurisdiction

• Governed by laws of the jurisdiction specified in main service agreement
• Disputes resolved through same mechanisms as main agreement
• Compliance with local data protection laws where processing occurs
• Supervisory authority jurisdiction as determined by applicable law