Data Processing Agreement

1. Introduction and Definitions

This Data Processing Agreement ("DPA") forms part of the Terms and Conditions between GPT Rewind, a company registered in the Netherlands ("Data Processor," "we," "us," or "our") and you ("Data Controller," "you," or "your") for the provision of our ChatGPT analytics services.

This DPA is entered into in accordance with Article 28 of the General Data Protection Regulation (GDPR) and the Dutch implementation law (Uitvoeringswet AVG).

1.1 Definitions

• Personal Data: Information relating to an identified or identifiable natural person
• Processing: Any operation performed on Personal Data, including collection, storage, analysis, and deletion
• Data Subject: The individual to whom Personal Data relates
• GDPR: General Data Protection Regulation (EU) 2016/679
• Sub-processor: Third-party service providers engaged by GPT Rewind to process Personal Data

2. Scope and Purpose of Processing

2.1 Nature and Purpose

GPT Rewind processes Personal Data for the following purposes:

• Analyzing ChatGPT conversation patterns and usage statistics
• Generating AI personality insights and trending topics
• Calculating IQ levels and performance metrics
• Creating shareable visualization cards
• Providing user authentication and account management
• Processing payments and maintaining transaction records

2.2 Duration of Processing

Processing will continue for the duration of the service agreement and as required by applicable law:

• Uploaded Conversation Files: Maximum 24 hours, then permanently deleted
• Analysis Results: Retained while account is active
• Account Data: Retained until account deletion plus 30 days
• Payment Records: 7 years for legal compliance

2.3 Types of Personal Data

The following categories of Personal Data may be processed:

• Contact information (email address, username)
• ChatGPT conversation content (temporarily)
• Usage patterns and analytics
• Payment information (processed by Stripe)
• Device and browser information
• IP addresses (anonymized)

2.4 Categories of Data Subjects

Personal Data relates to the following Data Subjects:

• Users of GPT Rewind services
• Individuals whose data appears in uploaded ChatGPT conversations
• Website visitors and prospective customers

3. Processor's Obligations

3.1 Process Only on Instructions

GPT Rewind will:

• Process Personal Data only on documented instructions from you
• Inform you if, in our opinion, an instruction violates GDPR or other data protection laws
• Not process Personal Data for our own purposes

3.2 Confidentiality

We ensure that persons authorized to process Personal Data:

• Are bound by confidentiality obligations
• Receive appropriate training on data protection
• Have access only to data necessary for their role

3.3 Security Measures

We implement appropriate technical and organizational measures:

3.4 Sub-processors

We engage the following sub-processors:

We will:

• Notify you of any intended changes to sub-processors
• Allow you to object to new sub-processors
• Ensure sub-processors comply with the same data protection obligations
• Remain fully liable for sub-processor performance

4. Data Subject Rights

We assist you in fulfilling your obligations to respond to Data Subject requests:

4.1 Rights Support

• Right of Access: Provide Personal Data and processing information
• Right to Rectification: Correct inaccurate Personal Data
• Right to Erasure: Delete Personal Data (subject to legal requirements)
• Right to Restrict Processing: Limit processing in certain circumstances
• Right to Data Portability: Provide data in machine-readable format
• Right to Object: Allow objection to processing for specific purposes

4.2 Response Time

We will respond to Data Subject requests within 48 hours and assist in completing responses within the legally required timeframe (typically 30 days).

5. Data Breach Notification

5.1 Breach Response

In the event of a Personal Data breach, we will:

1. Immediate Containment: Take steps to contain and mitigate the breach
2. Rapid Notification: Notify you without undue delay and within 72 hours of discovery
3. Documentation: Provide written details including:
   • Nature of the breach
   • Categories and approximate number of affected Data Subjects
   • Categories and approximate number of affected Personal Data records
   • Likely consequences of the breach
   • Measures taken or proposed to address the breach
4. Cooperation: Assist in your investigation and notifications to authorities

5.2 Incident Response Plan

We maintain a documented incident response plan that includes breach detection, assessment, containment, eradication, recovery, and post-incident review procedures.

6. International Data Transfers

Personal Data may be transferred to and processed in countries outside your jurisdiction. We ensure appropriate safeguards through:

• Standard Contractual Clauses: EU-approved model contracts for transfers outside the EEA
• Adequacy Decisions: Transfers to countries with adequate data protection (where applicable)
• Binding Corporate Rules: Internal data protection policies for corporate groups
• Additional Safeguards: Encryption, access controls, and security assessments

7. Audits and Compliance

7.1 Audit Rights

You have the right to:

• Request information demonstrating our compliance with this DPA
• Conduct audits or appoint an independent auditor (with reasonable notice)
• Review our security policies and procedures

8. Data Deletion and Return

8.1 Upon Termination

Upon termination of services or upon your request, we will:

• Delete or return all Personal Data (at your choice)
• Delete existing copies (except as required by law)
• Provide certification of deletion upon request

8.2 Legal Retention

Certain data may be retained as required by applicable law (e.g., tax records, transaction history) for the legally mandated period.

9. Liability and Indemnification

9.1 Liability

Each party's liability is governed by the liability provisions in the Terms and Conditions and applicable data protection law.

9.2 Indemnification

We will indemnify you against claims arising from our breach of this DPA or violation of data protection laws, subject to the limitations in our Terms and Conditions.

10. Duration and Termination

This DPA:

• Remains in effect for the duration of the service agreement
• Survives termination with respect to obligations related to data deletion and confidentiality
• May be terminated by either party for material breach after 30 days' notice

11. Governing Law and Jurisdiction

This DPA is governed by and construed in accordance with the laws of the Netherlands. In case of conflict between this DPA and the Terms and Conditions, this DPA prevails on data protection matters.

Any disputes arising from this DPA shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

Supervisory Authority: The Autoriteit Persoonsgegevens (Dutch Data Protection Authority) is the lead supervisory authority for GPT Rewind under Article 56 GDPR.

12. Contact Information

For questions or concerns about data processing: