This Data Processing Agreement (“DPA”) is a legally binding contract between Incerto Technocracy Sdn. Bhd., doing business as Vista Profits AI Workforce (“Provider”, “we”, “us”), and the entity subscribing to our platform (“Customer”, “you”).
This DPA governs the processing of personal data contained within any prospect lists, lead databases, or contact information uploaded by you into our artificial intelligence (AI) software and related systems (“AI Software”, “Services”). By creating an account, and accepting our Terms of Service, you agree to this DPA.
1. Roles and Scope
- Roles: You are the Data Controller (referred to as the "Business" under certain regional privacy frameworks, meaning you own the data and determine its use). We are the Data Processor (referred to as the "Service Provider", meaning we handle the data only to run the AI Software for you).
- Compliance: Both parties will comply with applicable data privacy regulations. This platform is governed under the laws of Malaysia, including the Personal Data Protection Act 2010 (PDPA), and is engineered to satisfy standard commercial data security requirements and international data protection best practices globally.
2. Our Obligations (How We Protect the Data)
We explicitly promise that we will:
- Follow Instructions: Only process your prospect lists to provide, maintain, and optimize the AI Software services for your account.
- No Commercial Exploitation: Never sell, rent, retain, use, or distribute your prospect lists to third parties for any purpose outside the direct business relationship, and never use your prospect lists to train public AI models or benefit other subscribers.
- Confidentiality: Ensure all our personnel who have access to your data are bound by strict confidentiality obligations.
- Security: Maintain industry-standard technical, administrative, and physical security measures (including data encryption at rest and in transit, and access controls) to prevent unauthorized access or data breaches.
3. Payment Processing & Sub-processors
- Payment Infrastructure: We utilize Paddle.com (“Paddle”) as our Merchant of Record for all order processing, billing, and checkout functions. Paddle processes your billing information directly in compliance with payment industry standards (PCI DSS) and its own global privacy terms.
- Infrastructure Sub-processors: We use reputable third-party infrastructure providers (e.g., cloud hosting, API frameworks, database managers) to run our platform. We ensure all sub-processors are bound by data security obligations at least as strict as those in this DPA.
4. Data Breaches
If we experience a confirmed security incident that impacts your uploaded prospect lists, we will notify you without undue delay (and no later than 72 hours after confirmation) so you can meet your regulatory obligations. We will provide reasonable cooperation to help mitigate the incident.
5. Deletion or Return of Data
You control your data. You can delete your uploaded prospect lists at any time via your user account dashboard. Upon account termination, we will delete or anonymize all remaining Customer Data from our active production systems within 30 days, unless legally required to retain it under applicable law.
6. Governing Law
This DPA is governed by, and construed in accordance with, the laws of Malaysia. Any disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia, as set forth in our Terms of Service.