This Data Processing Agreement (“DPA”) forms part of the agreement between ManPack Pte. Ltd. (“ManPack”, “we”, “us” or “our”) and the customer (“Client”) for the provision of our AI voice calling and related services.
1. Definitions
For the purposes of this DPA:
- “Personal Data” means personal data provided by or on behalf of the Client that ManPack processes in connection with the Services.
- “Processing” has the meaning given to it under the Personal Data Protection Act 2012 (“PDPA”).
- “Services” means the AI voice calling, call management, campaign management and related services provided by ManPack.
2. Processing of Personal Data
2.1 The Client remains responsible for determining the purposes for which Personal Data is collected and used.
2.2 ManPack will process Personal Data only as reasonably necessary to provide the Services, including conducting calls, managing calling campaigns, handling call outcomes, generating call summaries and providing related reporting and support.
2.3 ManPack will not use the Client’s Personal Data for its own unrelated purposes.
2.4 The Client is responsible for ensuring that it has the necessary rights, consents, notices or other lawful basis required to provide Personal Data to ManPack and instruct ManPack to process it.
3. Compliance with Laws
3.1 Each party will comply with applicable data protection and privacy laws, including the Singapore Personal Data Protection Act 2012, where applicable.
3.2 The Client is responsible for ensuring that its calling lists and instructions comply with applicable laws and regulations, including applicable Do Not Call requirements.
3.3 Where reasonably required, ManPack may assist the Client with data protection and compliance requirements relating to the Services.
4. Confidentiality
4.1 ManPack will keep Personal Data confidential and will only provide access to personnel, contractors or service providers who reasonably require access to perform the Services.
4.2 Such persons will be subject to appropriate confidentiality obligations.
5. Security
5.1 ManPack will maintain reasonable administrative, technical and organisational safeguards designed to protect Personal Data against unauthorised access, disclosure, alteration, loss or destruction.
5.2 These safeguards may include access controls, authentication, secure systems, employee confidentiality obligations and cybersecurity practices appropriate to the nature of the data being processed.
6. Subprocessors
6.1 ManPack may use third-party service providers to support the delivery of the Services, including providers of telecommunications, cloud hosting, AI and voice technology.
6.2 ManPack will take reasonable steps to ensure that such service providers are subject to appropriate confidentiality and data protection obligations.
7. Data Breaches
7.1 If ManPack becomes aware of a security incident that results in the unauthorised access, disclosure, loss or destruction of the Client’s Personal Data, ManPack will notify the Client within a reasonable period after becoming aware of the incident.
7.2 Where reasonably possible, ManPack will provide information relating to the nature of the incident and the measures taken to address it.
8. Data Retention and Deletion
8.1 ManPack will retain Personal Data only for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes or enforce its agreements.
8.2 Upon the Client’s reasonable request or termination of the Services, ManPack will delete or return Personal Data, subject to any legal or regulatory requirement to retain such information.
9. Client Assistance
Where reasonably necessary and subject to the scope of the Services, ManPack will provide reasonable assistance to the Client in responding to requests relating to Personal Data processed by ManPack, including requests for access, correction or deletion.
10. International Transfers
Where Personal Data is transferred outside Singapore, ManPack will take reasonable steps to ensure that the transfer is carried out in accordance with applicable data protection requirements.
11. Liability
The parties’ respective liability in relation to this DPA will be governed by the applicable agreement between the parties. Nothing in this DPA is intended to expand either party’s liability beyond that agreed under the applicable agreement.
12. General
12.1 This DPA applies only to Personal Data processed by ManPack on behalf of the Client in connection with the Services.
12.2 If there is any conflict between this DPA and the parties’ main agreement, the main agreement will prevail to the extent of the conflict, unless expressly stated otherwise.
12.3 This DPA is governed by the laws of Singapore.