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Data Processing Agreement

Last Updated: Jun 2, 2025

This website gomarble.ai (the “Website”) is owned and operated by GoMarble Technology Private Limited (hereinafter “GoMarble AI”).The following Terms of Use (“Terms”) regulate the access to and use of Services (as defined below). Please review the Terms carefully.In order to use Services you must be a registered user and have an advertising account on www.facebook.com (“Facebook”) or www.instagram.com (“Instagram”) and you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the “I agree” box when you sign up to the Services whereby you are entering into a legally binding agreement with GoMarble AI.

Nature and Purpose of the Processing

This Data Processing Agreement ("DPA") is an annex to and forms an integral part of the Agreement between the Customer ("you") and GoMarble AI, regarding your use of GoMarble AI's Services.

The Services provided may involve the processing of personal data by GoMarble AI and its subcontractors on behalf of the Customer. The purpose of this DPA is to establish terms and conditions governing such processing in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable data protection laws, including the California Consumer Privacy Act of 2018 ("CCPA") (collectively, "Data Privacy Laws").

GoMarble AI will process personal data solely for the purpose of delivering the Services as outlined in the Agreement, and only in accordance with this DPA or documented Customer instructions that align with the Agreement. GoMarble AI will not sell Customer personal data as defined under the CCPA.

GoMarble AI enters into this DPA on behalf of itself and its affiliated group companies involved in processing personal data under this DPA and the Agreement.

All terms such as "personal data," "processing," "data subject," etc., shall have meanings as defined in the GDPR or the CCPA, as applicable.

Term and Termination

This DPA becomes effective upon Customer’s acceptance of the Agreement and remains in effect for the duration of the Agreement and thereafter as long as necessary to finalize processing activities.

3. Processing of Personal Data

GoMarble AI acts as a data processor (or sub-processor) and the Customer acts as a data controller (or processor for a third-party controller).

Categories of data subjects:

Customers or users of the Customer, or Customer's customers.

Types of personal data:

Online identifiers (IP addresses, device IDs, cookie IDs, precise geolocation)
Contact details (names, emails, phone numbers, addresses)
CRM and event data, transactional and financial records
Other data submitted via the Services by or on behalf of the Customer

GoMarble AI will not process personal data outside of Customer instructions unless required by law, in which case GoMarble AI will inform the Customer unless prohibited.

4. Responsibilities of the Customer

The Customer retains ownership of its personal data and is responsible for ensuring the legality, accuracy, and validity of such data. The Customer shall ensure compliance with applicable Data Privacy Laws and notify GoMarble AI without delay if instructions or this DPA do not comply with applicable law.

5. Assistance to the Customer

5.1 Regulatory Assistance

GoMarble AI will assist with:

Article 32–36 GDPR obligations (security, breach notifications, DPIAs, prior consultations), as applicable
Such assistance outside of normal service scope may incur additional fees

5.2 Data Subject Rights

GoMarble AI will assist with data subject requests upon Customer request. Requests received directly will be referred to the Customer.

5.3 Breach Notification

GoMarble AI will notify the Customer of data breaches involving Customer personal data without undue delay and will provide:

Nature and scope of the breach
Contact for further information
Possible consequences
Measures taken or proposed

5.4 Staged Notification

Where not immediately possible, GoMarble AI may provide breach details in phases.

6. Confidentiality and Security

6.1 Confidentiality

GoMarble AI ensures all personnel processing personal data are bound by confidentiality obligations.

6.2 Security Measures

GoMarble AI will implement appropriate technical and organizational measures, including:

Data encryption and pseudonymization
Systems integrity and availability controls
Access recovery protocols
Regular security assessments

6.3 Cooperation

GoMarble AI will cooperate with supervisory authorities and comply with legally binding decisions. Additional requests beyond the Agreement may incur fees.

7. Sub-processors and International Transfers

7.1 Authorization

Customer provides general authorization for GoMarble AI to use sub-processors. GoMarble AI will:

Bind sub-processors via contracts with equivalent protection
Inform Customer of changes via published lists or notification channels

7.2 Liability

GoMarble AI remains liable for actions of sub-processors.

7.3 Objections

If the Customer objects to a sub-processor, the parties will seek resolution in good faith. If unresolved, either may terminate the Agreement with 30 days' notice.

7.4 Transfers

GoMarble AI and sub-processors may transfer data outside the EU/EEA.

7.5 Safeguards

Such transfers will occur only:

(a) To countries with adequacy decisions
(b) Via Standard Contractual Clauses or other lawful safeguards under Article 46 GDPR

7.6 Consent

The Customer consents to such transfers and authorizes GoMarble AI to enter into relevant SCCs on its behalf.

8. Data Retention

Upon termination of the Services, GoMarble AI will, at Customer’s choice, delete or return all personal data, unless retention is required by law.

9. Audit

9.1 Documentation

GoMarble AI will provide necessary information to demonstrate compliance with this DPA.

9.2 Right to Audit

Customer may audit GoMarble AI (excluding competitors). Audits require 30 days' notice and must not disrupt operations. Audit costs are borne by the Customer unless material noncompliance is found.

9.3 Certifications

At this time, GoMarble AI does not offer third-party certifications or audit reports. Customers may exercise their right to audit in accordance with Section 9.2, subject to the conditions and notice requirements outlined therein.