This data processing agreement (DPA) applies where Kuber Astro Solution Pvt. Ltd. ("we", "us", the processor) processes personal data for a customer ("you", the controller or, under India's Digital Personal Data Protection Act, 2023, the Data Fiduciary) through the 96Astro API. It is available to every customer on every plan, including Free. It forms part of, and is read together with, the terms of service and the privacy policy.
How to get a signed copy
Email support@96astroapi.com with "DPA" in the subject, your company's legal name and address, and the name and email of the person who will sign for you. We send the agreement for signature. We sign it through an authorised signatory of Kuber Astro.
1. Subject matter and duration
We compute astrological results from the data you send through the API and the developer portal, and keep the records described in the privacy policy. The DPA lasts as long as we process personal data for you and ends when your account is deleted.
2. The data and the people it concerns
- Data: the inputs you send for a calculation (such as date, time and place of birth, any question you send to an AI feature, and any palm or face photo you send to those features), the results, and the names and email addresses of your team members.
- People: your end users and clients, and your team members. You confirm that the person in any palm or face photo has agreed to its use, and a parent or guardian for a child. We do not store these photos or use them to identify anyone.
- You decide which data to send. The API does not need names, email addresses or phone numbers; send only what a calculation needs.
3. Our obligations
We will:
- process the personal data only on your documented instructions, which are the terms of service, this DPA and your use of the API, and tell you if we believe an instruction breaks the law;
- make sure everyone who may access the data is bound by confidentiality;
- apply the measures described on the security page;
- use only the subprocessors on the subprocessors page, and bind each to data protection duties no less protective than these;
- help you answer requests from the people the data concerns, as far as we hold the data (export and deletion are available in the dashboard);
- tell you without undue delay after we become aware of a personal data breach that affects your data, and give you the information you need to meet your own duties;
- help with data protection impact assessments and consultations with authorities, where the law requires it and the help relates to our processing;
- make available the information needed to show that we meet this DPA, and allow reasonable audits, on reasonable notice and without access to other customers' data.
4. Your obligations
You are responsible for having a lawful basis (and consent where it is needed) for the data you send, for giving the people concerned any notice the law requires, and for the instructions you give.
5. Subprocessors
You give us general authorisation to use the subprocessors listed on the subprocessors page. We update that page before a new subprocessor starts to process your personal data. If you object on reasonable data protection grounds, write to us; we will discuss it in good faith, and you may cancel your plan.
6. Retention, return and deletion
We keep personal data for the periods in the privacy policy. You can export your account data and ask for the account to be deleted at any time; deletion removes or anonymises the data as the privacy policy describes. Invoices, credit notes and payment records are kept for the period tax law requires. Backups are overwritten as they rotate out.
7. Where data is processed
The servers are in Germany. Some subprocessors process data in other countries, as listed. Where the law requires safeguards for a transfer, such as the European Commission's standard contractual clauses, we rely on them for EEA and UK personal data.
8. Liability and law
Liability under this DPA is subject to the limits in the terms of service. It is governed by the laws of India, and the courts at Delhi have exclusive jurisdiction, as in the terms of service.
9. Contact
Kuber Astro Solution Pvt. Ltd., House No. 208, Baba Saheb Dr Bhimrao Ambedkar Marg, Bharat Nagar, New Delhi, Central Delhi, Delhi 110052, India. support@96astroapi.com.