Data Processing Agreement

Introduction

This Data Processing Agreement ("DPA") governs the processing of personal data by PhonoTech Inc. ("Data Processor," "we," "us," or "our") on behalf of our clients ("Data Controller," "you," or "your") in connection with our DevOps, AIOps, and MLOps services.

This DPA supplements our main Service Agreement and ensures compliance with applicable data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and other relevant privacy regulations.

Definitions

• Personal Data: Any information relating to an identified or identifiable natural person
• Processing: Any operation performed on personal data, including collection, storage, use, disclosure, or deletion
• Data Controller: The entity that determines the purposes and means of processing personal data
• Data Processor: The entity that processes personal data on behalf of the Data Controller
• Data Subject: The individual to whom the personal data relates
• Sub-processor: Any processor engaged by PhonoTech to assist in processing personal data

Scope and Purpose of Processing

PhonoTech will process personal data solely for the purpose of providing the agreed services, including:

• DevOps infrastructure management and automation
• AIOps monitoring and analysis
• MLOps workflow implementation and maintenance
• Cloud migration and infrastructure optimization
• System monitoring and incident response
• Performance analytics and reporting

Categories of Data and Data Subjects

Categories of Personal Data

• Employee identification and contact information
• System user credentials and access logs
• Application performance and usage data
• Network and infrastructure monitoring data
• Error logs and diagnostic information
• Communication and support interaction records

Categories of Data Subjects

• Client employees and contractors
• System administrators and developers
• End users of client applications and systems
• Customer support contacts

Data Processor Obligations

PhonoTech commits to:

• Process personal data only as instructed by the Data Controller
• Ensure personnel processing personal data are bound by confidentiality
• Implement appropriate technical and organizational security measures
• Assist the Data Controller in responding to data subject requests
• Notify the Data Controller of any personal data breaches without undue delay
• Assist in conducting data protection impact assessments when required
• Delete or return personal data upon termination of services

Security Measures

We implement comprehensive security measures to protect personal data:

Technical Safeguards

• Encryption of data in transit and at rest using industry-standard algorithms
• Multi-factor authentication for system access
• Network segmentation and firewall protection
• Regular security patching and updates
• Intrusion detection and prevention systems
• Secure backup and disaster recovery procedures

Organizational Safeguards

• Role-based access controls and principle of least privilege
• Regular employee training on data protection and security
• Background checks for personnel with access to personal data
• Incident response and breach notification procedures
• Regular security audits and assessments
• Secure disposal of data and equipment

Sub-processors

PhonoTech may engage sub-processors to assist in providing services. We ensure that:

• Sub-processors are bound by data protection obligations equivalent to this DPA
• We remain fully liable for sub-processor compliance
• You are notified of any changes to sub-processors with opportunity to object
• Sub-processors undergo appropriate due diligence and security assessments

Current Sub-processors

• Cloud infrastructure providers (AWS, Azure, Google Cloud)
• Monitoring and analytics service providers
• Security and backup service providers
• Communication and collaboration tool providers

Data Subject Rights

We assist you in fulfilling data subject rights requests, including:

• Access: Providing copies of personal data upon request
• Rectification: Correcting inaccurate or incomplete data
• Erasure: Deleting personal data when legally required
• Portability: Providing data in a structured, machine-readable format
• Restriction: Limiting processing under certain circumstances
• Objection: Addressing objections to processing activities

Data Transfers

Personal data is primarily processed within Canada. Any transfers outside Canada are subject to:

• Adequacy decisions by relevant privacy authorities
• Standard contractual clauses or similar safeguards
• Express consent from data subjects where required
• Other legally recognized transfer mechanisms

Data Breach Procedures

In the event of a personal data breach, we will:

• Notify you without undue delay, typically within 24 hours
• Provide detailed information about the nature and scope of the breach
• Assist in breach impact assessment and notification requirements
• Implement immediate containment and remediation measures
• Cooperate in any regulatory investigations or proceedings
• Provide regular updates throughout the incident response process

Data Retention and Deletion

Personal data is retained only as long as necessary for service provision or as required by law:

• Active service data: Retained for the duration of the service agreement
• Backup data: Retained according to our backup retention policy (typically 30-90 days)
• Log data: Retained for security and operational purposes (typically 12-24 months)
• Legal hold data: Retained as required by applicable laws or regulations

Upon termination or expiration of services, personal data will be deleted or returned as instructed within 30 days, unless longer retention is required by law.

Audits and Compliance

We maintain compliance through:

• Regular internal security and privacy audits
• Third-party security certifications and assessments
• Compliance with industry standards (SOC 2, ISO 27001)
• Cooperation with your audit rights as specified in the service agreement
• Documented policies and procedures for data protection

Contact Information

For questions about this Data Processing Agreement or to exercise data subject rights: