Ativya·Terms·Privacy·Refunds·Data processing

Data processing agreement

Effective [Effective date]

Draft. Not yet complete: OPERATOR_NAME, OPERATOR_ADDRESS, OPERATOR_EMAIL, OPERATOR_GRIEVANCE, OPERATOR_JURISDICTION, LEGAL_EFFECTIVE_DATE are still to be set by the operator. This text has not yet been reviewed by the operator’s lawyer, and no hotel other than the operator’s own should rely on it until it has.

This agreement forms part of the Terms of Service between [Operator’s legal name] (“the processor”, “we”) and the hotel that has created a property on the service (“the hotel”, “the fiduciary”, “you”). It applies whenever we process personal data on your behalf, and it is governed by the Digital Personal Data Protection Act, 2023.

1. Roles

You are the data fiduciary for the personal data of your guests and your staff: you decide what is collected and why. We are your data processor: we process that data only to provide the service, on your instructions — which are these terms, the service’s documented behaviour, and the settings you choose in it.

2. What we process

  • Guests: identity and contact details; nationality and, where you collect it, an identity document; bookings, bills, requests and messages — for the stay and for your legal duties (Form C, tax invoices).
  • Staff: name, work email, role; attendance and leave; pay, bank details and statutory identifiers — for employment, payroll and the record of who did what.
  • Your account: the administrator’s name and email, billing details and support correspondence — for our contract with you. Here we are the fiduciary.

3. What we commit to

  • Only on your instructions. We do not process personal data for any purpose of our own, do not sell it, and do not use it to train anything.
  • Confidentiality. People who can reach the production system are bound by confidentiality and limited to those who need it to run the service.
  • Security. Encryption in transit; passwords stored as salted hashes; keys and tokens you supply stored encrypted; each hotel isolated from every other at the database layer, with that isolation tested automatically before every release; access by role inside the hotel; regular backups whose restore is tested.
  • Sub-processors. Listed below. We give thirty days’ notice by email before adding or replacing one; if you object and we cannot resolve it, you may end the agreement without penalty.
  • Breaches. If a personal data breach affects your data we tell your administrators without undue delay, and in any case within 72 hours, with what we know, what we are doing and what we recommend you do.
  • Assistance. We help you answer a data principal’s request (access, correction, erasure) and any inquiry from the Data Protection Board. Most of it you can do yourself from the screens.
  • Deletion and return. You can export all of your data at any time from Settings. Thirty days after your account closes we delete it from the live database; it then falls out of backups on their cycle.
  • Audit. Once a year, on reasonable notice, you may ask for a written description of our security measures and the results of our most recent restore test and isolation test.

4. What you commit to

You collect and enter personal data lawfully, with the notices and consents the Act requires of you; you keep your staff’s access current, deactivating people who leave; and you tell us promptly if you believe the service is processing data in a way you did not instruct.

5. Term

This agreement lasts as long as we process personal data for you. The commitment on deletion and return survives it.

6. Sub-processors

  • Supabase, on Amazon Web Services — the database and its backups.
  • Vercel — application hosting.
  • The mail provider configured for the site (for example Google Workspace) — sign-in codes, invitations and the daily digest.
  • Razorpay — online guest payments and subscription billing.
  • Meta Platforms (WhatsApp Business Platform) — WhatsApp messages, only if you connect your number.
  • The AI provider you choose, only if you switch AI on with your own key — and only anonymised inputs, except photos of guest IDs if you turn on Read guest ID photos.

7. Contact

[Operator’s legal name], [Registered address]. Email [contact email]. Grievance officer: [Grievance officer’s name and email].

[Operator’s legal name] · [Registered address] · [contact email]