This Data Processing Agreement ("DPA") forms part of, and is subject to, the provisions of Alfred AI's Agreement (Terms and Conditions). All capitalised terms not defined in this DPA shall have the meanings set forth in the Agreement.
"Affiliate": An entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity.
"Agreement": Alfred AI's Terms and Conditions, which govern the provision of the Services to the Customer, as may be updated by Alfred AI from time to time.
"Control": Ownership, voting, or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term "Controlled" shall be construed accordingly.
"Customer Data": Any Personal Data that Alfred AI processes on behalf of the Customer as a Data Processor in the course of providing Services, as more particularly described in this DPA.
"Data Protection Laws": All data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law, the Australian Privacy Act 1988, and relevant U.S. data protection laws such as the California Consumer Privacy Act (CCPA).
"Data Controller": An entity that determines the purposes and means of the processing of Personal Data.
"Data Processor": An entity that processes Personal Data on behalf of a Data Controller.
"EU Data Protection Law": (i) Prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data ("Directive"); and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded, or replaced).
"EEA": For the purposes of this DPA, the European Economic Area, United Kingdom, and Switzerland.
"Group": Any and all Affiliates that are part of an entity's corporate group.
"Personal Data": Any information relating to an identified or identifiable natural person.
"Processing": As defined in the GDPR, and "process," "processes," and "processed" shall be interpreted accordingly.
"Security Incident": Any unauthorised or unlawful breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data.
"Services": Any product or service provided by Alfred AI to the Customer pursuant to the Agreement.
"Sub-processor": Any Data Processor engaged by Alfred AI or its Affiliates to assist in fulfilling its obligations with respect to providing the Services pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the Alfred AI Group.
The parties agree that this DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.
Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
No one other than a party to this DPA, its successors, and permitted assignees shall have any right to enforce any of its terms.
This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
This DPA applies where and only to the extent that Alfred AI processes Customer Data that originates from the EEA, Australia, the United States, and/or that is otherwise subject to EU Data Protection Law, the Australian Privacy Act 1988, or relevant U.S. data protection laws on behalf of the Customer as Data Processor in the course of providing Services pursuant to the Agreement.
As between Alfred AI and the Customer, the Customer is the Data Controller of Customer Data, and Alfred AI shall process Customer Data only as a Data Processor acting on behalf of the Customer.
The Customer agrees that (i) it shall comply with its obligations as a Data Controller under Data Protection Laws in respect of its processing of Customer Data and any processing instructions it issues to Alfred AI; and (ii) it has provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for Alfred AI to process Customer Data and provide the Services pursuant to the Agreement and this DPA.
Alfred AI shall process Customer Data only for the purposes described in this DPA and only in accordance with the Customer's documented lawful instructions. The parties agree that this DPA and the Agreement set out the Customer's complete and final instructions to Alfred AI in relation to the processing of Customer Data, and processing outside the scope of these instructions (if any) shall require prior written agreement between the Customer and Alfred AI.
(a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.
(b) Duration: As between Alfred AI and the Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.
(c) Purpose: The purpose of the data processing under this DPA is the provision of the Services to the Customer and the performance of Alfred AI's obligations under the Agreement (including this DPA) or as otherwise agreed by the parties.
(d) Nature of the processing: The Services as described in the Agreement and initiated by the Customer from time to time.
(e) Categories of data subjects: The Customer, the Customer's End Users, and any other individuals whose personal data is included in Content.
(f) Types of Customer Data: Personal Data related to the Customer, the Customer's End Users, or other individuals whose personal data is included in Content, which is processed as part of the Services in accordance with instructions given through the Customer's Account.
Notwithstanding anything to the contrary in the Agreement (including this DPA), the Customer acknowledges that Alfred AI has the right to use and disclose data related to the operation, support, and/or use of the Services for legitimate business purposes, such as billing, account management, technical support, product development, and marketing. To the extent any such data is considered Personal Data under Data Protection Laws, Alfred AI acts as the Data Controller and will process such data in compliance with the Alfred AI Privacy Policy and Data Protection Laws.
The Customer agrees that Alfred AI may engage Sub-processors to process Customer Data on the Customer's behalf. Sub-processors currently engaged by Alfred AI include SOC Compiant, Pinecone, Supabase, AWS, and others listed in this document.
Alfred AI shall (i) enter into written agreements with Sub-processors that impose data protection terms requiring Sub-processors to protect Customer Data to the standard required by Data Protection Laws; and (ii) remain responsible for compliance with obligations under this DPA, as well as any actions or omissions by the Sub-processor that would cause Alfred AI to breach its obligations.
Alfred AI will implement and maintain appropriate technical and organizational security measures to protect Customer Data from Security Incidents, in accordance with Alfred AI's security standards. This includes adhering to the Privacy Act 1988 and relevant U.S. state laws, such as the California Consumer Privacy Act (CCPA) and Virginia Consumer Data Protection Act (VCDPA).
The Customer is responsible for reviewing Alfred AI's available data security information and making an independent determination on the Services' adequacy for meeting the Customer's requirements and obligations under Data Protection Laws. Alfred AI reserves the right to update or modify its Security Measures without reducing overall security.
The Customer agrees that except as provided by this DPA, it is responsible for its secure use of the Services, including securing account credentials, protecting the security of Customer Data when in transit, and encrypting or backing up Customer Data.
Alfred AI may transfer and process Customer Data globally where Alfred AI, its Affiliates, or Sub-processors maintain data processing operations, and will ensure adequate protection for Customer Data per Data Protection Laws.
Alfred AI agrees not to disclose Customer Data to overseas recipients unless taking reasonable steps to ensure compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988.
Alfred AI will implement appropriate safeguards to ensure compliance with applicable U.S. state privacy laws, including measures specified by the CCPA and VCDPA.
Alfred AI will ensure that any person authorized by Alfred AI to process Customer Data is under an obligation of confidentiality.
Upon becoming aware of a Security Incident, Alfred AI will notify the Customer promptly and provide timely updates as information becomes available or upon the Customer's request.
Alfred AI will provide an updated list of Sub-processors upon the Customer's written request and notify the Customer of changes at least 10 days in advance.
The Customer may object in writing to Alfred AI's appointment of a new Sub-processor within five calendar days based on reasonable grounds related to data protection. The parties will discuss such concerns in good faith, aiming to resolve them; if unresolved, the Customer may suspend or terminate the Agreement.
Upon termination or expiration of the Agreement, Alfred AI will, at the Customer's election, delete all Customer Data in its possession, except where retention is required by law or applies to archived backups, which Alfred AI will securely isolate and protect.
The Customer can request data deletion by contacting Alfred AI via support, fulfilled within 72 hours.
Alfred AI provides tools for the Customer to retrieve, correct, delete, or restrict Customer Data, assisting with GDPR obligations. If unable to access data independently, Alfred AI will assist with data subject requests (at the Customer's expense).
Alfred AI will attempt to redirect law enforcement requests for Customer Data directly to the Customer and provide notice unless legally prohibited.
When required under Data Protection Laws, Alfred AI will assist the Customer in carrying out data protection impact assessments and consultations with authorities.
Liability for each party under this DPA is subject to exclusions and limitations in the Agreement. The Customer agrees to be responsible for regulatory penalties or claims incurred due to non-compliance with data protection obligations.
When you connect your WhatsApp Business Account through Meta's WhatsApp Embedded Signup, Alfred AI processes certain data to enable the integration:
We collect only the necessary information to enable WhatsApp Business integration, including:
We use this data exclusively to:
We do not sell or share your WhatsApp integration data with third parties for marketing. Data is only shared with Meta as required for the integration and stored securely using industry-standard encryption. Access tokens are managed securely and never exposed to unauthorized parties.
You can revoke our app's access to your WhatsApp Business Account at any time through Facebook Business Manager. Upon disconnection, all related data and tokens are deleted from our systems within 30 days.
Our WhatsApp integration fully complies with Meta Platform Terms, Developer Policies, and WhatsApp Business Terms of Service.
Alfred AI integrates with Google services (including Gmail and Google Calendar) to enable automated email and scheduling functionality within our chatbot platform.
We use Google services exclusively to automate our chatbots' ability to send emails and manage calendar events on behalf of our users. This integration allows our AI chatbots to:
When using Google services for email and calendar automation, we process only the data necessary to perform the actions instructed by our users. This may include email addresses, message content, delivery preferences, calendar event details (title, description, attendees, start/end times), and availability information as configured in the chatbot settings.
Your Google data is NOT used to train AI models. Alfred AI does not use your Gmail content, email messages, Google Calendar data, or any other Google-related data to train, fine-tune, or improve any AI or machine learning models. Your data is processed solely to provide the email drafting and calendar scheduling services and is not retained for training purposes.
The following AI providers are NOT used for processing any Gmail content, Google Calendar data, or other Google-related data:
Alfred AI's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
This applies to all Google Workspace APIs we access, including Gmail and Google Calendar. In particular, Alfred AI affirms that:
The Customer is responsible for any additional costs arising from Alfred AI's compliance with instructions falling outside standard functionality.
The Customer is responsible for any additional costs arising from Alfred AI's compliance with instructions falling outside standard functionality.