This Data Processing Agreement (hereinafter referred to as “Agreement” or “DPA”) is entered into by and between YourGPT ("Processor"), and the user or customer ("Controller"), collectively referred to as the "Parties". The Processor does not own the data but is processing it on behalf of the Controller. The Processor is a corporation providing services as described in the agreement, and the Controller is identified as the user of the services.
This Agreement sets forth the terms under which the Processor will process data on behalf of the Controller in connection with the services provided under the Services Agreement between the Parties ("Services Agreement"). This Agreement is designed to ensure compliance with the requirements of the California Online Privacy Protection Act (CalOPPA), the General Data Protection Regulation (GDPR) of the European Union, and the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).
This DPA governs the processing of data by YourGPT on behalf of the Customer in connection with the services provided, including but not limited to AI Chatbot and LLM Spark (collectively referred to as "Services"). The services are accessible via the website https://yourgpt.ai/.
Please refer to our Privacy Policy and Terms and Conditions for more details about how we handle and protect your data.
In the context of this Data Processing Agreement (DPA), the following terms shall have the meanings outlined below:
The Processor shall assist the Controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the Data Subject's rights laid down in Chapter III of the GDPR.
The Processor may not host or transfer data to servers outside the EU/EEA without the prior consent of the Controller and only upon ensuring that such transfer is in compliance with the applicable data protection laws. Exceptions may be permitted only if they are essential for the operational functionality and utilization of the platform.
Upon the cessation of its services to the company, Data Processor shall promptly delete all copies of Company data following the termination of Services. Data Processor shall provide written certification to the Company that it has fully complied with this Section.
This Agreement shall be governed by the laws of a mutually agreed-upon jurisdiction. Any disputes arising from this Agreement shall be resolved through good faith negotiations between the Parties. If negotiations fail, the Parties agree to resolve disputes through arbitration in a neutral jurisdiction agreed upon by both Parties.
When processing California Personal Information in accordance with the user’s instructions, the parties acknowledge and agree that the user is a Business and YourGPT is a Service Provider for the purposes of the CCPA. The parties agree that YourGPT will Process California Personal Information as a Service Provider strictly for the purpose of performing the Software Services and Professional Services under the Agreement (the “Business Purpose”) or as otherwise permitted by the CCPA.
The Processor is committed to complying with the provisions of the General Data Protection Regulation (GDPR). These include, but are not limited to, the obligation to process data lawfully, fairly, and in a transparent manner, the obligation to ensure that data is collected for specified, explicit, and legitimate purposes, and the obligation to ensure that data is accurate and, where necessary, kept up to date.
This Agreement is open to amendments at any time and can be modified solely at the discretion of the Processor, while ensuring the interests of both Parties are respected. This Agreement will cease automatically when the Services Agreement between the Parties concludes.
By using our services, the user automatically agrees to this Data Processing Agreement, along with our Privacy Policy and Terms and Conditions. This Agreement applies to every user.