Spotless Data Processing Agreement

Version: 0.1 (draft) · Effective: with the Customer's Terms of Service

1. Roles

The Customer is the Data Fiduciary for the personal data it puts into Spotless about its staff and guests. LemonByte is its Data Processor, and processes that data only to provide Spotless under the Terms and this Agreement, and on the Customer's documented instructions (the Terms, the Order, the Customer's settings in Spotless, and written requests).

If LemonByte believes an instruction breaks the law, it will say so and need not follow it.

2. What is processed

Annex 1 lists the people concerned, the kinds of data, the purposes and how long data is kept.

3. LemonByte's obligations

LemonByte will:

  1. process personal data only as set out in section 1;
  2. ensure everyone who can reach it is bound by confidentiality, and limit access to the staff who need it to run and support Spotless;
  3. keep the security measures in Annex 2, and not reduce them materially;
  4. use only the sub-processors in Annex 3, under written terms at least as protective as this Agreement, and stay responsible for them;
  5. help the Customer answer requests from people exercising their rights (access, correction, erasure, nomination, grievance), mainly through Spotless itself (correcting or removing a person, exporting their record), and pass on any request it receives directly within [[5 working days]];
  6. tell the Customer of a personal data breach affecting Customer data without undue delay and in any case within [[24 hours]] of becoming aware, with what is known (what happened, the data and people affected, likely consequences, what is being done) and updates as more is learned, so the Customer can inform the Data Protection Board and affected people as the DPDP Rules require; [[Advisor: align with the Rules' timelines.]]
  7. help the Customer with any assessment or audit the law requires of it, as far as it concerns Spotless;
  8. at the end of the agreement, let the Customer export its data for [[30]] days, then delete it within [[60]] days, except what the law requires LemonByte to keep, with backup copies expiring within 30 days; and confirm deletion in writing on request.

4. Sub-processors

Annex 3 lists the current sub-processors. LemonByte will give the Customer at least [[30]] days' notice of a new or replacement sub-processor (by email and on [[spotlessplatform.com/subprocessors]]). The Customer may object on reasonable data protection grounds; the parties will discuss it in good faith, and if it cannot be resolved the Customer may end the affected part of the Service and receive a refund of fees paid for the time after it ends.

5. Transfers outside India

LemonByte and its sub-processors may process data outside India, except to any country the Government of India restricts under section 16 of the DPDP Act. Annex 3 says where each sub-processor works.

6. Spotless support access

LemonByte staff see a Customer's account only to provide support when one of the Customer's owners allows it, read-only and for a limited time, and every such access is shown to the Customer's owners in Spotless. LemonByte operators also see technical diagnostics and problem reports as described in the Privacy Policy.

7. Audits

On reasonable notice, no more than once a year (or after a breach), LemonByte will answer the Customer's written questions about its compliance with this Agreement and provide reasonable evidence. [[Advisor: decide whether to allow on-site or third-party audits, and at whose cost.]]

8. The Customer's obligations

The Customer will have a lawful basis and give the notices the law requires for the personal data it puts into Spotless (LemonByte provides a staff notice template), use the Service in line with the acceptable use rules (including not photographing people), and keep its own Users' access up to date.

9. Liability and term

Liability under this Agreement is governed by the Terms of Service. This Agreement lasts as long as LemonByte processes Customer personal data.


Annex 1: Processing details

Annex 2: Security measures

Annex 3: Sub-processors

See subprocessors.md (to be published at [[spotlessplatform.com/subprocessors]]).