Data Processing Agreement

Last Updated: January 5, 2026

This Data Processing Agreement (DPA) is part of AIVA Connect's commitment to GDPR compliance for enterprise customers.

Enterprise Compliance

This DPA is automatically incorporated into your service agreement if you process personal data of EU/EEA residents through our platform. For custom DPAs or enterprise agreements, contact our legal team.

Contact Legal Team

Table of Contents

Parties

This Data Processing Agreement ("DPA") forms part of the Terms of Service between:

Data Controller

You (the "Customer") - The organization using AIVA Connect's services who determines the purposes and means of processing personal data.

Data Processor

AIVA Connect (the "Processor") - Processes personal data on behalf of the Customer in accordance with their instructions.

Definitions

For the purposes of this DPA, the following terms have the meanings set forth below:

"Personal Data" means any information relating to an identified or identifiable natural person processed through the Services.

"Processing" means any operation performed on Personal Data, including collection, recording, storage, use, disclosure, or deletion.

"Data Subject" means the individual to whom Personal Data relates (e.g., your customers, employees, or contacts).

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council.

"Sub-processor" means any third party appointed by AIVA Connect to process Personal Data on behalf of the Customer.

Scope and Purpose

Subject Matter

Provision of AI receptionist services, including call handling, transcription, and contact management.

Duration

The term of processing corresponds to the duration of your service agreement.

Nature and Purpose of Processing

Processing is necessary to provide AI-powered call handling, voice transcription, contact management, and related services as described in the Terms of Service.

Types of Personal Data

  • Contact information (names, phone numbers, email addresses)
  • Voice recordings and call metadata
  • Call transcripts and AI-generated summaries
  • Business information (company name, job title)
  • Usage and analytics data

Categories of Data Subjects

  • Customer's clients and business contacts
  • Customer's employees and team members
  • Callers who interact with the AI receptionist

Data Processing Terms

4.1 Processing Instructions

AIVA Connect shall process Personal Data only on documented instructions from the Customer, unless required to do so by applicable law. The Terms of Service, together with this DPA, constitute the Customer's complete instructions for processing.

4.2 Confidentiality

AIVA Connect ensures that persons authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

4.3 Unauthorized Processing

If AIVA Connect believes that a Customer instruction violates GDPR or other data protection laws, it will immediately inform the Customer and may suspend processing until the instruction is confirmed or modified.

Security Measures

AIVA Connect implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

Technical Safeguards

  • Encryption in transit (TLS 1.3)
  • Encryption at rest (AES-256)
  • Secure API authentication
  • Regular security testing and audits
  • Intrusion detection systems

Organizational Safeguards

  • Role-based access controls
  • Multi-factor authentication
  • Employee security training
  • Background checks for personnel
  • Incident response procedures

Physical Security

  • Data centers: AWS and Supabase (ISO 27001, SOC 2)
  • Access logging and monitoring
  • Redundant power and cooling
  • 24/7 security monitoring

Backup and Recovery

  • Automated daily backups
  • Geographic redundancy
  • Disaster recovery plan
  • Business continuity procedures

Sub-processors

The Customer authorizes AIVA Connect to engage the following sub-processors for processing Personal Data:

Sub-processorServiceLocation
AWS (Amazon Web Services)Cloud hosting and storageUnited States
SupabaseDatabase and authenticationUnited States
TwilioPhone number provisioning and routingUnited States
Retell AIAI voice processing and transcriptionUnited States
StripePayment processingUnited States

Changes to Sub-processors

AIVA Connect will notify the Customer with at least 30 days' notice before adding or replacing sub-processors. The Customer may object to such changes by terminating the service agreement within 30 days of notification.

Data Subject Rights

AIVA Connect will assist the Customer in responding to Data Subject requests, including:

  • Requests for access to Personal Data
  • Requests for rectification or deletion
  • Requests to restrict processing
  • Data portability requests
  • Objections to processing

Customer Responsibility

The Customer is responsible for verifying the identity of Data Subjects and determining the appropriate response. AIVA Connect will provide necessary data within 7 business days of a valid request.

Data Breaches

8.1 Notification Timeline

AIVA Connect will notify the Customer without undue delay and, where feasible, no later than 72 hours after becoming aware of a Personal Data breach.

8.2 Breach Information

Notifications will include:

  • Nature of the breach and affected data categories
  • Approximate number of Data Subjects affected
  • Likely consequences of the breach
  • Measures taken or proposed to address the breach
  • Contact point for further information

8.3 Cooperation

AIVA Connect will cooperate with the Customer and regulatory authorities in investigating and mitigating any Personal Data breach.

International Transfers

Personal Data may be transferred to and processed in the United States and other countries where AIVA Connect or its sub-processors maintain facilities. AIVA Connect ensures appropriate safeguards for such transfers:

Standard Contractual Clauses

AIVA Connect has implemented Standard Contractual Clauses (SCCs) approved by the European Commission for transfers of Personal Data outside the EEA.

Adequacy Decisions

Where possible, AIVA Connect relies on adequacy decisions by the European Commission for specific countries or frameworks.

Audit Rights

The Customer may audit AIVA Connect's compliance with this DPA, subject to the following conditions:

  • Audits may be conducted no more than once per year
  • Customer must provide at least 30 days' written notice
  • Audits must be conducted during business hours
  • Customer must execute a confidentiality agreement
  • Audits must not unreasonably interfere with operations

AIVA Connect will provide relevant documentation, including SOC 2 reports, security assessments, and compliance certifications, in lieu of on-site audits where appropriate.

Term and Termination

11.1 Duration

This DPA remains in effect for the duration of the service agreement between AIVA Connect and the Customer.

11.2 Data Return and Deletion

Upon termination of the service agreement, AIVA Connect will:

  • Provide the Customer with 30 days to export Personal Data
  • Delete or return all Personal Data within 60 days
  • Certify deletion upon Customer request

11.3 Legal Retention

AIVA Connect may retain Personal Data to the extent required by applicable law or for legitimate business purposes (e.g., tax records, dispute resolution).

Liability

Each party's liability under this DPA is subject to the limitation of liability provisions in the Terms of Service. The parties agree that:

  • AIVA Connect's total liability for all claims under this DPA shall not exceed the amount paid by Customer in the preceding 12 months
  • Neither party shall be liable for indirect, consequential, or punitive damages
  • Liability caps do not apply to breaches of confidentiality or data security obligations

Important: This limitation of liability is subject to applicable law and may not limit liability for gross negligence, willful misconduct, or violations of data protection laws.

Questions About This DPA?

For enterprise agreements, custom DPAs, or legal inquiries, contact our legal team.