These terms apply when a Client uses Agile's platforms to handle personal data of its own customers, leads or staff (for example contact lists, call recordings, IVR inputs, AI conversation transcripts, message logs and call detail records). They form part of the Terms of Service.
1. Roles
- The Client is the Data Fiduciary: it decides why and how the personal data is processed and is responsible for having a lawful basis (such as consent) and for giving notice to the people concerned.
- Agile is the Data Processor: it processes the data only to provide the Services and only on the Client's documented instructions (the Order, platform settings and support requests).
2. Client obligations
- Collect personal data lawfully, give the notices required by the DPDP Act, and obtain and record consent where needed.
- Upload only the data needed for the purpose; do not upload sensitive data (financial account details, health data, government ID numbers) unless the service requires it and the law allows it.
- Inform callers when calls are recorded or handled by an AI agent, where required.
- Handle requests from data principals (access, correction, erasure, withdrawal of consent). Agile will assist where the platform allows.
3. Agile obligations
- Process the data only for the Services and not for its own purposes.
- Keep it confidential and limit access to staff who need it.
- Apply reasonable security safeguards (encryption in transit, access control, logging, backups).
- Use sub-processors (cloud, AI, messaging providers) only as needed to provide the Services, under obligations no less protective.
- Notify the Client without undue delay after becoming aware of a personal data breach affecting the Client's data, and help the Client meet its notification duties.
- On termination, delete or return the data within 30 days, unless the law requires it to be kept.
4. Records and retention
Recordings, transcripts, CDRs and logs are kept for the period configured for the Client's account or set out in the Order, subject to any longer period required by law or by a Carrier, and then deleted.
5. Liability
Each party is responsible for its own compliance. The Client indemnifies Agile for claims arising from the Client's collection or use of personal data, as set out in the Terms of Service.