Last Updated: 28-04-2025
This Data Protection Addendum (“Addendum“) between Presolv360 (“Presolv360”) and the User (as defined in the Agreement) forms part of the Presolv360 Terms of Service set forth at https://presolv360.com/terms_conditions or such other written or electronic agreement incorporating this Addendum, in each case governing User’s access to and use of the Services (the “Agreement”).
User enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with Presolv360. For the purposes of this Addendum only, and except where otherwise indicated, references to “User” shall include User and such Affiliates.
The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.
1. Definitions
1. In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
a. “Affiliate" means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with either User or Presolv360 (as the context allows), where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
b. "User Personal Data" means any Personal Data provided by or made available by User to Presolv360 or collected by Presolv360 on behalf of User which is Processed by Presolv360 to perform the Services;
c. "Controller to Processor SCCs" means the standard contractual clauses for cross-border transfers published by the European Commission on June 4, 2021 governing the transfer of European Area Personal Data to Third Countries as adopted by the European Commission, the Swiss Federal Data Protection and Information Commissioner (“Swiss FDPIC”) relating to data transfers to Third Countries (collectively “EU SCCs”); (ii) the international data transfer addendum (“UK Transfer Addendum”) adopted by the UK Information Commissioner’s Office (“UK ICO”) for data transfers from the UK to Third Countries; or (iii) any similar such clauses adopted by a data protection regulator relating to Personal Data transfers to Third Countries, including without limitation any successor clauses thereto;
d. "Data Protection Laws" means any local, state, or national law regarding the processing of Personal Data applicable to Presolv360 in the jurisdictions in which the Services are provided to User, including, without limitation, privacy, security, and data protection law. It also includes digital personal data protection laws such as Digital Personal Data Protection Act, 2023, and any other applicable laws and regulations governing the collection, use, disclosure, security, processing, and transfer of personal data.
e. “EU Area” means the European Union, European Economic Area, United Kingdom, and Switzerland;
f. “EU Area Law” means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 ("EU GDPR") together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons; (ii) the Data Protection Act 1998 of the United Kingdom and the EU GDPR as saved into United Kingdom Law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”); (iii) the swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”); (iv) any other law relating to the data protection, security, or privacy of individuals that applies in the EU Area; or (v) any successor or amendments thereto (including, without limitation, implementation of the EU GDPR by Member States into their national law);
g. "Services" means the services to be supplied by Presolv360 to User or User’s Affiliates pursuant to the Agreement; and
h. “Third Country” means countries that, where required by applicable Data Protection Laws, have not received an adequacy decision from an applicable authority relating to cross-border data transfers of Personal Data, including regulators such as the European Commission, UK ICO, or Swiss FDPIC.
2. The terms “Business”, “Business Purpose”, “commercial purpose”, “Contractor”, "Controller", "Data Subject", "Data Principal", "Fiduciary", "Personal Data", "Personal Data Breach", "Process", "Processor", “Sell”, “Service Provider”, “Share”, “Subprocessor”, "Supervisory Authority", and “Third Party” have the same meanings as described in applicable Data Protection Laws and cognate terms shall be construed accordingly.
3. Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement.
2. Roles of the Parties
1. The Parties acknowledge and agree that with regard to the Processing of User Personal Data, and as more fully described in Annex 1 hereto, User acts as a Business or Controller/Fiduciary, and Presolv360 acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of User Personal Data by Presolv360 acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1).
2. The Parties expressly agree that User shall be solely responsible for ensuring timely communications to User's Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable User's Affiliates or the relevant Controller(s) to comply with such Laws.
3. Description and Purpose of Personal Data Processing
1. In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the User Personal Data to be Processed by Presolv360 pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party.
2. The purpose of Processing under this Addendum is the provision of the Services pursuant to the Agreement and any Order Form(s).
4. Data Processing Terms
1. User shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum and the Processing of User Personal Data. In connection with its access to and use of the Services, User shall Process User Personal Data within such Services and provide Presolv360 with instructions in accordance with applicable Data Protection Laws. As between the Parties, User shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to Presolv360 of User Personal Data. User agrees not to provide Presolv360 with any data concerning a natural person's health, religion or any special categories of data as defined in Article 9 of the GDPR.
2. Presolv360 shall comply with all applicable Data Protection Laws in the Processing of User Personal Data and Presolv360 shall:
1.
a. Process the User Personal Data for the purposes of the Agreement and for the specific purposes in each case as set out in Annex 1 to this Addendum and otherwise solely on the documented instructions of User, for the purposes of providing the Services and as otherwise necessary to perform its obligations under the Agreement. The Agreement, this Addendum, and User’s use of the Services’ features and functionality are User’s written instructions to Presolv360 in relation to Processing User Personal Data, including as follows:
1. Presolv360 shall use, retain, disclose, or otherwise Process User Personal Data only on behalf of User and for the specific business purpose of providing the Services and in accordance with User’s instructions, including as described in the Agreement. Presolv360 shall not Sell or Share User Personal Data, nor use, retain, disclose, or otherwise Process User Personal Data outside of its business relationship with User or for any other purpose (including Presolv360’s commercial purpose) except as required or permitted by law. Presolv360 shall immediately inform User (a) if Presolv360 determines that it is no longer able to meet its obligations under Data Protection Laws or (b) if, in Presolv360's opinion, an instruction infringes applicable Data Protection Laws. User reserves the right to take reasonable and appropriate steps to ensure that Processing of User Personal Data is consistent with User’s obligations under Data Protection Law and discontinue and remediate unauthorized use of User Personal Data;
2. Presolv360 shall have rights to process User Personal Data solely (i) to the extent necessary to (a) perform the Business Purposes and its obligations under the Agreement; (b) operate, manage, test, maintain and enhance the Services including as part of its business operations; (c) to disclose aggregate statistics about the Services in a manner that prevents individual identification or re-identification of User Personal Data, including without limitation any individual device or individual person; and/or (d) protect the Services from a threat to the Services or User Personal Data; or (ii) if required by court order of a court or authorized governmental agency, provided that prior notice first be given to User; (iii) as otherwise expressly authorized by User;
3. Presolv360 will not combine User Personal Data which Presolv360 Processes on User’s behalf, with Personal Data which it receives from or on behalf of another person or persons, or collects from its own interaction with individual, provided that Presolv360may combine personal information to perform any Business Purpose permitted or required under the Agreement to perform the Services;
b. implement and maintain measures designed to ensure that Presolv360 personnel authorized to process the User Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality unless disclosure is required by law or professional regulations;
c. implement and maintain the technical and organizational measures set out in the Agreement, and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain any further commercially reasonable and appropriate administrative, technical, and organizational measures designed to ensure a level of security appropriate to the risk of the Processing of User Personal Data in accordance with Article 32 of the GDPR, and specifically:
1. pseudonymization and encryption of User Personal Data;
2. ensuring ongoing confidentiality, integrity, availability and resilience of Presolv360’s processing systems and services that process User Personal Data;
3. restoring availability and access to User Personal Data in a timely manner in the event of a physical or technical incident; and
4. regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of the User Personal Data.
d. User hereby agrees that Presolv360 is generally authorized to engage and appoint Sub-processors, and specifically the Sub-processors listed in Annex 2 hereto, subject to Presolv360's:
1. notifying User at least thirty (30) calendar days in advance oof any intended changes or additions to its Sub-processors listed in Annex 2 by emailing notice of the intended change to User;
2. including data protection obligations in its contract with each Sub-processor that are materially the same as those set out in this Addendum; and
3. remaining liable to User for any failure by each Sub-processor to fulfill its obligations in relation to the Processing of the User Personal Data.
In relation to any notice received under section 4.2(d)(i), User shall have a period of 30 (thirty) days from the date of the notice to inform Presolv360 in writing of any reasonable objection on data protection grounds to the use of that Sub-processor. The parties will then, for a period of no more than 30 (thirty) days from the date of User's objection, work together in good faith to attempt to find a commercially reasonable solution for User which avoids the use of the objected-to Sub-processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Agreement) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty or indemnification whatsoever (but without prejudice to any fees incurred by User prior to termination);
e. to the extent legally permissible, promptly notify User in case of any legally binding requests (i.e., disclosures required by law, court order, or subpoena) for disclosure of User Personal Data by Presolv360. In case if it is not legally binding then User Personal Data would not be disclosed and Presolv360 will notify the User of such request rejection. A record of all legally binding disclosure requests relating to User Personal Data shall be maintained.
f. to the extent legally permissible, promptly notify User of any communication from a Data Subject/Data Principal regarding the Processing of User Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection Laws in respect of the User Personal Data. Presolv360 will not respond to any such request or complaint unless expressly authorized to do so by User or is otherwise required to respond under applicable Data Protection Laws. Taking into account the nature of the Processing, Presolv360 will reasonably assist User (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of User's, User's Affiliates' or the relevant Controller(s)' obligation to respond to requests for exercising the data subject's rights laid down in Chapter Ill GDPR. User agrees to pay Presolv360 for time and for out of pocket expenses incurred by Presolv360 in connection with the performance of its obligations under this Section 4.2(e);
g. upon Presolv360's becoming aware of a Personal Data Breach involving User Personal Data, notify User without undue delay, of any Personal Data Breach involving User Personal Data, such notice to include, to the extent reasonably available to Presolv360, all timely information reasonably required by User (or the relevant Controller) to comply with its data breach reporting obligations under the applicable Data Protection Laws. Presolv360 shall further take all such measures and actions as are necessary to remedy or mitigate the effects of such Security Incident and shall keep User reasonably informed of developments concerning User Personal Data;
h. to the extent required by the applicable Data Protection Laws, provide reasonable assistance to User, User's Affiliates' or the relevant Controller(s)' with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and information available to Presolv360; User agrees to pay Presolv360 for time and for out of pocket expenses incurred by Presolv360 in connection with any assistance provided in connection with Articles 35 and 36 of the GDPR;
i. cease Processing the User Personal Data upon the termination or expiry of the Agreement, and at option of User, User's Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the User Personal Data Processed by Presolv360, unless (and solely to the extent and for such period as) applicable law requires Presolv360 to retain some or all of the User Personal Data. Any such User Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Agreement; and
j. Presolv360 shall maintain the necessary records in support of demonstrating compliance with its obligations (as specified in the applicable contract) for the processing of User Personal Data carried out on behalf of the User.
k. make available to User all information reasonably necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by User, or an independent third party auditor mandated by User, provided that User gives Presolv360 reasonable prior notice of its intention to audit, conducts its audit during Presolv360’s normal business hours, and takes all reasonable measures to prevent unnecessary disruption to Presolv360’s operations. For the purposes of demonstrating compliance with this Addendum under this Section 4.2(i), the Parties agree that in the first instance, once per year during the term of the Agreement (except if and when required by instruction of a competent Supervisory Authority or where User believes a further audit is necessary due to a Personal Data Breach concerning User Personal Data suffered by Presolv360), Presolv360 will provide to User responses to cybersecurity and other assessments and only where User cannot establish Presolv360’s compliance with this Addendum from Presolv360’s responses shall User request to inspect Presolv360’s processing operations. User agrees to pay Presolv360 for time and for out of pocket expenses incurred by Presolv360 in connection with assistance provided in connection with such audits, responses to cybersecurity and other assessments.
5. Restricted Transfers
1. The parties agree that when the transfer of User Personal Data from User and/or any of its Affiliates (as exporter) to Presolv360 (as importer) is a Restricted Transfer and EU Area Law applies, the transfer shall be subject to the appropriate Controller to Processor SCCs, which shall be deemed incorporated into and form part of this Addendum as follows:
a. In relation to User Personal Data that is protected by the EU GDPR and processed by Presolv360 on behalf of and under the instruction of User, the EU SCCs will apply completed as follows:
1. Module Two will apply (controller to processor transfers);
2. In Clause 7, the optional docking clause will apply;
3. In Clause 9, Option 2 will apply, and the time period for prior notice of sub-processor changes shall be as set out in Section 4.2(d) of this Addendum;
4. In Clause 11, the optional language will not apply;
5. In Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law;
6. In Clause 18(b), disputes shall be resolved before the courts of the Republic of Ireland;
7. Annex I of the EU SCCs shall be deemed completed with the information set out in Annex 1 to this Addendum; and
8. Annex II of the EU SCCs shall be deemed completed with the information set out in Section 4 of Annex 1 to this Addendum.
b. In relation to User Personal Data that is protected by the Swiss DPA, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but with the following modifications:
1. Any references in the EU SCCs to “Regolation (EU) 2016/679” shall be interpreted as references to the Swiss DPA and the equivalent articles or sections therein;
2. Any references to “EU”, “Union”, “Member State”, and “Member State law” shall be interpreted as references to Switzerland and Swiss law, as the case may be;
3. Any references to the “competent supervisory authority” and “competent courts” shall be interpreted as references to the relevant data protection authority and courts in Switzerland; and
4. The Controller to Processor SCCs shall be governed by the laws of Switzerland and disputes shall be resolved before the competent Swiss Courts.
c. In relation to User Personal Data that is protected by the UK GDPR, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but as modified and interpreted by the Part 2: Mandatory Clauses of the UK Addendum, which shall be incorporated into and form an integral part of this Addendum. Any conflict between the terms of the EU SCCs and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum. In addition, tables 1 to 3 in Part 1 of the UK Addendum shall be completed respectively with the information set out in Annex I of this Addendum, and table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting both “Importer” and “Exporter”.
2. Presolv360 shall not participate in any other Restricted Transfers of User Personal Data (whether as an importer or an exporter of the User Personal Data) unless the Restricted Transfer is made in compliance with applicable Data Protection Law and pursuant to the relevant Standard Contractual Clauses implemented between the relevant exporter and importer of the User Personal Data, as necessary in order to comply with applicable Data Protection Law
6. Precedence
1. The provisions of this Addendum are supplemental to the provisions of the Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Agreement, the provisions of this Addendum shall prevail. In the event that any provision of this Addendum and/or the Agreement contradicts, directly or indirectly, the Controller to Processor SCCs, the Controller to Processor SCCs will control.
7. Indemnity
1. To the extent permissible by law, User shall (a) defend Presolv360 and its Affiliates (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim”), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by User of this Addendum or of its obligations under applicable Data Protection Laws. Presolv360 may participate in the defense and/or settlement of a Claim under this Section 7.1 with counsel of its choosing at its own expense.
8. Severability
1. The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.
9. Miscellaneous.
1. The Addendum considers the following and follows:
a. Privacy by Design and default
b. Achieving security of Processing
c. Notification of breaches involving User Personal Data to the relevant Supervisory Authority
d. Notification of breaches involving User Personal Data to User
e. Conducting Privacy Impact Assessment where appropriate and required by applicable Data Protection Law
f. Assurance of Presolv360’s assistance by if prior consultations with relevant Supervisory Authorities are needed and required by applicable Data Protection Laws.
2. Presolv360 shall comply with all statutory and regulatory requirements, ISO 27001:2022, ISO 27701:2019 and EU GDPR
3. In the event a Data Subject/Principal wishes to exercise its data subject/Principal rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Presolv360’s control, the Data Subjects/Principals can submit such request done by contacting Presolv360’s Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the User Personal Data that can be done by contacting the Data Protection Officer below: Name: Bhaven Shah Email ID: bhaven@presolv360.com
4. There are no Temporary files getting generated during processing.
Annex 1 to Data Protection Addendum
Description of Processing Activities for User Personal Data
This Annex includes certain details of the Processing of User Personal Data by Presolv360 in connection with the Services.
Data Exporter
Name: | User (as defined in the Agreement) |
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 by Presolv360 in accordance with the Agreement. |
Signature and date: | Signature and date are set out in the Agreement. |
Role (controller/processor): | Controller/Fiduciary |
Data Importer
Name: | Presolv360 |
Address: | Mumbai, India |
Contact person’s name, position and contact details: |
Bhaven Shah, bhaven@presolv360.com |
Activities relevant to the data transferred under these Clauses: | Provision of the Services to the User in accordance with the Agreement. |
Signature and date: | Signature and date are set out in the Agreement. |
Role (controller/processor): | Processor |
Identify the competent supervisory authority/ies in accordance (e.g. in accordance with Clause 13 SCCs) | As determined by application of Clause 13 of the EU SCCs. |
Digital Personal Data Protection Act, 2023 | Data Protection Board established as per Section 18 of the DPDP Act, 2023 |
Categories of data subjects whose personal data is transferred | User’s authorized users of the Services |
Categories of personal data transferred | Processed automatically by the Services: · Names · email IDs Processed where and to the extent provided by User or its authorized users in connection with audit services provided by Presolv360: · address · date of birth · past employment details |
Sensitive personal data transferred | None |
Frequency of the transfer | Continuous |
Nature of the processing | The nature of the processing is more fully described in the Agreement and accompanying order forms but will include the following basic processing activities: The provision of Services to User. In order to provide people data, Presolv360 receives identifying User Personal Data to permit Presolv360 to query, cleanse, standardize, enrich, (when required) send to additional data to feed providers, and to store the query information. The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms. |
Purpose of the data transfer and further processing | |
For processing involving consumers, please select the Business Purpose(s) for Processing Personal Data | ☐ N/A ☐ Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards ☒ Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes ☒ Debugging to identify and repair errors that impair existing intended functionality. ☐ Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business ☒ Performing services on behalf of the business, including maintaining or servicing accounts, providing User service, processing or fulfilling orders and transactions, verifying User information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business. ☐ Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers. ☒ Undertaking internal research for technological development and demonstration. ☒ Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business. ☒ To retain and employ another service provider or contractor as a subcontractor where the subcontractor meets the requirements for a service provider or contractor under CCPA. ☒ To build or improve the quality of the services it is providing to the business even if this Business Purpose is not specified in the written contract required by CCPA provided that Service Provider does not use the User Personal Data to perform Services on behalf of another person. ☒ To prevent, detect, or investigate data security incidents or protect against malicious, deceptive, fraudulent, or illegal activity, even if this Business Purpose is not specified in the written contract. |
Period for which the personal data will be retained or criteria used to determine that period | The period for which the User Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms. |
Subprocessor transfers – subject matter, nature, and duration of processing | The subject matter, nature, and duration of the Processing more fully described in the Agreement, Addendum, and accompanying order forms. |
Description of the technical and organisational security measures implemented by Presolv360 as the data 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 natural persons.
Annex 2
Presolv360’s Sub-processors
Name of Sub-processor | Description of Processing | Location of Sub-processor |
AWS | Infrastructure partner | India |
Google Workspace | Infrastructure partner |
|
SendGrid | Communication service provider | Multi-region |
Jio | Communication service provider | India |
MSG91 | Communication service provider | Multi-region |
Atlassian | Code version control | Multi-region |
Instamojo | Invoicing and payment solution |
|
Hubspot | CRM Solution |
|
Tally | Invoicing and finance | India |
PiChain | E-signing and e-stamping | India |
Linear | Project Management | Multi-region |
Slack | Work Management | Multi-region |