This Data Processing Agreement ("DPA") forms part of the Terms of Service between Agridev Inc, doing business as Hectares.ai ("Data Processor") and you ("Data Controller") and applies to the extent that we process Personal Data on your behalf.
1. Definitions
For the purposes of this DPA:
"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 individual to whom Personal Data relates
"GDPR" means the General Data Protection Regulation (EU) 2016/679
"Services" means the Hectares.ai platform and related services
"Sub-processor" means any processor engaged by us to process Personal Data
2. Details of Processing
2.1 Nature and Purpose
We process Personal Data solely to provide the Services as described in our Terms of Service, including:
Hosting and managing project data
Facilitating collaboration between users
Providing analytics and reporting features
Sending service-related communications
Maintaining security and preventing fraud
2.2 Categories of Data Subjects
Your employees and contractors
Your customers and project stakeholders
Other individuals whose data you input into the Services
2.3 Types of Personal Data
Names and contact information
Professional information and roles
Project-related data you choose to input
Usage data and system logs
3. Our Obligations as Processor
We shall:
Process Personal Data only on your documented instructions
Ensure persons processing Personal Data are subject to confidentiality obligations
Implement appropriate technical and organizational security measures
Engage Sub-processors only with your consent and under written agreements
Assist you in responding to Data Subject requests
Assist with your compliance obligations regarding security, breach notifications, and impact assessments
Delete or return Personal Data at the end of our services
Make available information necessary to demonstrate compliance
4. Security Measures
We implement industry-standard security measures including:
Encryption of data in transit (TLS 1.2+) and at rest (AES-256)
Access controls and authentication mechanisms
Regular security assessments and penetration testing
Incident response procedures
Employee security training
Physical security of data centers
Regular backups and disaster recovery procedures
5. Sub-processors
We use the following Sub-processors to provide our Services:
Sub-processor
Purpose
Location
Amazon Web Services
Cloud Infrastructure
United States
Stripe, Inc.
Payment Processing
United States
Resend
Email Services
United States
OpenAI
AI Services
United States
We will notify you of any changes to Sub-processors with at least 30 days notice. You may object to new Sub-processors by terminating the Services.
6. International Data Transfers
Personal Data may be transferred to and processed in the United States. We ensure appropriate safeguards for international transfers through:
Standard Contractual Clauses approved by the European Commission
Compliance with applicable data protection laws
Implementation of supplementary security measures where required
7. Data Subject Rights
We will assist you in fulfilling Data Subject requests for:
Access to their Personal Data
Rectification of inaccurate data
Erasure of Personal Data
Restriction of processing
Data portability
Objection to processing
We will forward any Data Subject requests to you promptly and support your response within reasonable timeframes.
8. Personal Data Breach
In the event of a Personal Data breach, we will:
Notify you without undue delay and within 72 hours of becoming aware
Provide details of the nature and scope of the breach
Communicate measures taken to address the breach
Cooperate with you to mitigate any damage
Document all breaches and actions taken
9. Audit and Inspection
You have the right to verify our compliance with this DPA through:
Annual security certifications (SOC 2, ISO 27001)
Security questionnaires and assessments
On-site audits with 30 days notice and reasonable scope
10. Term and Termination
This DPA remains in effect for the duration of our Services. Upon termination, we will: