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DPA
LEGAL

Data Processing Agreement

This Data Processing Agreement ("DPA") forms part of the agreement between MIAMI WEB AI (Nuko Nova Dynamics LLC) and the Client for the provision of services.

LAST UPDATED: DECEMBER 2024

DEFINITIONS

Key terms.

01

Personal Data

Any information relating to an identified or identifiable natural person as defined in GDPR Article 4(1).

02

Processing

Any operation performed on Personal Data, including collection, storage, use, disclosure, or deletion.

03

Data Controller

The Client who determines the purposes and means of Processing Personal Data.

04

Data Processor

MIAMI WEB AI (Nuko Nova Dynamics LLC) who processes Personal Data on behalf of the Data Controller.

SCOPE

Processing boundaries.

The Processor shall process Personal Data only:

  • On documented instructions from the Controller
  • For the purpose of providing the agreed services
  • In accordance with applicable data protection laws
  • As required by applicable law (with prior notice where permitted)

SECURITY

Technical measures.

The Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

ENCRYPT

Personal Data in transit and at rest

ACCESS

Controls limiting data access to authorized personnel

TESTING

Regular testing and evaluation of security measures

MAINTAIN

Procedures for ongoing confidentiality, integrity, and availability

SUB

SUB-PROCESSORS

Authorized partners.

Vercel Inc.

Hosting and deployment

US

Supabase Inc.

Database services

US/EU

OpenAI LLC

AI processing

US

The Processor shall notify the Controller of any changes to sub-processors with at least 14 days' notice. The Controller may object to new sub-processors on reasonable grounds.

DATA SUBJECTS

Rights we support.

The Processor shall assist the Controller in responding to requests from data subjects exercising their rights under GDPR:

Right of access
Right to rectification
Right to erasure
Right to data portability
Right to object to processing

BREACH NOTIFICATION

24h

The Processor shall notify the Controller without undue delay (and in any event within 24 hours) after becoming aware of a Personal Data breach, including nature, scope, consequences, and remediation measures.

DATA DELETION

30d

Upon termination of services or upon request, the Processor shall delete all Personal Data within 30 days and provide written certification. Data may be retained longer only if required by applicable law.

INTERNATIONAL TRANSFERS

Cross-border data.

Personal Data may be transferred to and processed in the United States. For EU data subjects, such transfers are governed by Standard Contractual Clauses (SCCs) as adopted by the European Commission.

CONTACT

Request a signed copy.

For questions about this DPA or to request a signed copy, contact legal@miamiweb.ai