Data Processing Agreement
Voxket AI Pvt Ltd
Last updated: 13 October 2026
This Data Processing Agreement (“DPA”) forms part of the Terms of Service (or other similarly titled written or electronic agreement addressing the same subject matter) (“Agreement”) between Customer (as defined in the Agreement) and Voxket AI Pvt Ltd (“Voxket”) under which the Processor provides the Controller with the software and services (the “Services”). The Controller and the Processor are individually referred to as a “Party” and collectively as the “Parties”.
The Parties seek to implement this DPA to comply with the requirements of the EU GDPR and the Digital Personal Data Protection Act, 2023 of India together with the Digital Personal Data Protection Rules, 2025 (“DPDPA”) (each as defined hereunder) in relation to Processor’s processing of Personal Data as part of its obligations under the Agreement.
This DPA shall apply to Processor’s processing of Personal Data, provided by the Controller as part of Processor’s obligations under the Agreement.
Except as modified below, the terms of the Agreement shall remain in full force and effect.
Acceptance. This DPA is incorporated into and forms part of the Voxket Terms of Service. By creating an account, accessing or using the Services, or signing an Order Form that references the Terms of Service, the Customer accepts this DPA on behalf of itself as Controller. No separate signature is required. Customers who need a countersigned copy may request one at support@voxket.ai.
1. Definitions
Terms not otherwise defined herein shall have the meaning given to them in the EU GDPR, the DPDPA or the Agreement. The following terms shall have the corresponding meanings assigned to them below:
a. “Data Transfer” means a transfer of the Personal Data from the Controller to the Processor, or between two establishments of the Processor, or with a Sub-processor by the Processor.
b. “EU GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
c. “DPDPA” means the Digital Personal Data Protection Act, 2023 of India and the Digital Personal Data Protection Rules, 2025 made thereunder. Under the DPDPA, the Controller is the “Data Fiduciary”, the Processor is the “Data Processor” and the Data Subject is the “Data Principal”.
d. “Standard Contractual Clauses” means the contractual clauses attached hereto as Schedule 1 pursuant to the European Commission’s Implementing Decision (EU) 2021/914 of 4 June 2021 on Standard Contractual Clauses for the transfer of Personal Data to processors established in third countries which do not ensure an adequate level of data protection.
e. “Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
f. “Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
g. “Sub-processor” means a processor/sub-contractor appointed by the Processor for the provision of all or parts of the Services and Processes the Personal Data as provided by the Controller.
2. Purpose of this Agreement
This DPA sets out various obligations of the Processor in relation to the Processing of Personal Data and shall be limited to the Processor’s obligations under the Agreement. If there is a conflict between the provisions of the Agreement and this DPA, the provisions of this DPA shall prevail.
3. Categories of Personal Data and Data Subjects
The Controller authorizes the Processor to process the Personal Data to the extent determined and regulated by the Controller. The current nature of the Personal Data and the categories of Data Subjects are specified in Annex I to Schedule 1 to this DPA.
4. Purpose of Processing
The objective of Processing of Personal Data by the Processor shall be limited to the Processor’s provision of the Services to the Controller and/or its Client, pursuant to the Agreement.
5. Duration of Processing
The Processor will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing by the Controller.
6. Data Controller’s Obligations
a. The Data Controller shall warrant that it has all necessary rights to provide the Personal Data to the Data Processor for the Processing to be performed in relation to the agreed services. To the extent required by Data Privacy Laws, Data Controller is responsible for ensuring that it provides such Personal Data to Data Processor based on an appropriate legal basis allowing lawful processing activities, including any necessary Data Subject consents to this Processing are obtained, and for ensuring that a record of such consents is maintained. Should such consent be revoked by the Data Subject, the Data Controller is responsible for communicating the fact of such revocation to the Data Processor.
b. The Data Controller shall provide all natural persons from whom it collects Personal Data with the relevant privacy notice, including notice that interactions may be handled by AI agents and may be recorded and transcribed.
c. The Data Controller shall request the Data Processor to purge Personal Data when required by the Data Controller or any Data Subject whom it collects Personal Data unless the Data Processor is otherwise required to retain the Personal Data by applicable law.
d. The Data Controller shall immediately advise the Data Processor in writing if it receives or learns of any: (i) complaint or allegation indicating a violation of Data Privacy Laws regarding Personal Data; (ii) request from one or more individuals seeking to access, correct, or delete Personal Data; (iii) inquiry or complaint from one or more individuals relating to the collection, processing, use, or transfer of Personal Data; and (iv) any regulatory request, search warrant, or other legal, regulatory, administrative, or governmental process seeking Personal Data.
7. Data Processor’s Obligations
a. The Processor will follow written and documented instructions received, including email, from the Controller, its affiliate, agents, or personnel, with respect to the Processing of Personal Data (each, an “Instruction”).
b. The Processing described in the Agreement and the relating documentation shall be considered as Instruction from the Controller.
c. At the Data Controller’s request, the Data Processor will provide reasonable assistance to the Data Controller in responding to/complying with requests/directions by Data Subjects in exercising their rights or of the applicable regulatory authorities regarding Data Processor’s Processing of Personal Data.
d. In relation to the Personal Data, Data Processor shall obtain consent (where necessary) and/or provide notice to the Data Subject in accordance with Data Protection Laws to enable shared Personal Data to be provided to, and used by, the other Party as contemplated by this Agreement.
e. Where shared Personal Data is transferred outside the Data Processor’s territorial boundaries, the transferor shall ensure that the recipient of such data is under contractual obligations to protect such Personal Data to the same or higher standards as those imposed under this Addendum and the Data Protection Laws.
f. The Processor shall inform the Controller if, in its opinion, a processing instruction infringes applicable legislation or regulation.
g. Taking into account the nature of the processing and the information available to the Data Processor, the Data Processor shall assist the Data Controller in conducting any necessary Data Protection Impact Assessments (DPIAs), as required under applicable law.
8. Data Secrecy
a. To Process the Personal Data, the Processor will use personnel who are (i) informed of the confidential nature of the Personal Data, and (ii) perform the Services in accordance with the Agreement.
b. The Processor will regularly train individuals having access to Personal Data in data security and data privacy in accordance with accepted industry practice and shall ensure that all the Personal Data is kept strictly confidential.
c. The Processor will maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of the Personal Data as per the standards mutually agreed in writing by the Parties.
9. Audit Rights
a. Upon Controller’s reasonable request, the Processor will make available to the Controller information as is reasonably necessary to demonstrate Processor’s compliance with its obligations under the EU GDPR, the DPDPA or other applicable laws in respect of its Processing of the Personal Data.
b. When the Controller wishes to conduct the audit (by itself or through a representative) at Processor’s site, it shall provide at least fifteen (15) days’ prior written notice to the Processor; the Processor will provide reasonable cooperation and assistance in relation to audits, including inspections, conducted by the Controller or its representative.
c. The Controller shall bear the expense of such an audit.
10. Mechanism of Data Transfers
Any Data Transfer for the purpose of Processing by the Processor in a country outside the European Economic Area (the “EEA”) shall only take place in compliance as detailed in Schedule 1 to the DPA. Where such model clauses have not been executed at the same time as this DPA, the Processor shall not unduly withhold the execution of such template model clauses, where the transfer of Personal Data outside of the EEA is required for the performance of the Agreement. Transfers of Personal Data of Indian Data Principals outside India shall comply with the DPDPA and any restrictions notified thereunder.
11. Sub-processors
a. The Controller acknowledges and agrees that the Processor may engage third-party Sub-processor(s) in connection with the performance of the Services, provided such Sub-processor(s) take technical and organizational measures to ensure confidentiality of Personal Data shared with them. The current Sub-processors engaged by the Processor and approved by the Controller are listed in Annex III of Schedule 1 hereto. The Processor shall notify the Controller at least thirty (30) calendar days in advance of any intended changes or additions to its Sub-processors listed in Annex III by emailing notice of the intended change to Customer. In accordance with Article 28(4) of the GDPR, the Processor shall remain liable to Controller for any failure on behalf of a Sub-processor to fulfil its data protection obligations under the DPA in connection with the performance of the Services.
b. If the Controller has a concern that the Sub-processor(s) Processing of Personal Data is reasonably likely to cause the Controller to breach its data protection obligations, the Controller may object to Processor’s use of such Sub-processor and the Processor and Controller shall confer in good faith to address such concern.
12. Personal Data Breach Notification
a. The Processor shall maintain defined procedures in case of a Personal Data Breach and shall without undue delay notify Controller if it becomes aware of any Personal Data Breach unless such Data Breach is unlikely to result in a risk to the rights and freedoms of natural persons.
b. The Processor shall provide the Controller with all reasonable assistance to comply with the notification of Personal Data Breach to the Supervisory Authority, the Data Protection Board of India and/or the Data Subject, to identify the cause of such Data Breach and take such commercially reasonable steps as reasonably required to mitigate and remedy such Data Breach.
c. No Acknowledgement of Fault by Processor. Processor’s notification of or response to a Personal Data Breach under this DPA will not be construed as an acknowledgement by Processor of any fault or liability with respect to the data incident.
13. Return and Deletion of Personal Data
a. Within thirty (30) days from the end of the Agreement or cessation of the Processor’s Services under the Agreement, whichever occurs earlier, the Processor shall return to the Controller all the Personal Data, or if the Controller so instructs, the Processor shall have the Personal Data deleted. The Processor shall return such Personal Data in a commonly used format or in the current format in which it was stored at discretion of the Controller, as soon as reasonably practicable following receipt of Controller’s notification.
b. In any case, the Processor shall delete Personal Data including all the copies of it as soon as reasonably practicable following the end of the Agreement.
14. Technical and Organizational Measures
Having regard to the state of technological development and the cost of implementing any measures, the Processor will take appropriate technical and organizational measures against the unauthorized or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to: (a) the harm that might result from unauthorized or unlawful processing or accidental loss, destruction or damage; and (b) the nature of the data to be protected, including the measures stated in Annex II of Schedule 1.
SCHEDULE 1
ANNEX I
A. LIST OF PARTIES
Data exporter(s):
Name: Customer (as set forth in the relevant Order Form).
Address: As set forth in the relevant Order Form.
Contact person’s name, position, and contact details: As set forth in the relevant Order Form.
Activities relevant to the data transferred under these Clauses: Recipient of the Services provided by Voxket AI Pvt Ltd in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (controller/processor): Controller
Data importer(s):
Name: Voxket AI Pvt Ltd
Address: No.581, 2nd Floor, 1st Main Road, Sector 6, HSR Layout, C/o Incubex Business Consulting Ser Pvt. ltd. Bengaluru-560102, Karnataka, India
Contact person’s name, position, and contact details: Bikash Kumar, Data Protection Officer, dpo@voxket.ai
Activities relevant to the data transferred under these Clauses: Provision of the Services to the Customer in accordance with the Agreement.
Signature and date: Signature and date are set out in the Agreement.
Role (controller/processor): Processor
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
(i) Customer’s authorized users of the Services (administrators and agents using the Voxket console); (ii) Customer’s end customers, callers, website visitors, event attendees and other individuals who interact with the Customer’s AI voice, chat or video agents, WhatsApp channels, events or document workflows.
Categories of personal data transferred
Name, email address, phone number, company information, user ID and username; voice recordings and audio data; video recordings and visual content; screen-sharing data; chat messages, call and conversation transcripts; documents and forms submitted for OCR processing; device and usage data (IP address, browser type, operating system); and metadata associated with the above.
Sensitive data transferred (if applicable) and applied restrictions or safeguards
No special categories of personal data are required for the Services. Where the Customer chooses to process sensitive data through the Services (for example, health information in a healthcare deployment, or voice or likeness data used for voice and video cloning), such data is processed only on the Customer’s documented instructions and protected by the measures in Annex II, including access restricted to authorized personnel and encryption in transit.
The frequency of the transfer
Continuous basis.
Nature of the processing
Collection, recording, storage, transcription, analysis (including sentiment, emotion and topic analysis), retrieval, use, transmission to Sub-processors, and deletion of Personal Data, in order to operate AI voice, chat and video agents, WhatsApp messaging, event management and document (OCR) extraction on behalf of the Customer.
Purpose(s) of the data transfer and further processing
The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms.
The period for which the personal data will be retained
Personal Data is retained for the duration of the Agreement and as configured by the Customer in the Services. On account deletion or a deletion request, Personal Data is deleted or anonymized within ninety (90) days, unless retention is required by law, as further described in the Agreement and Voxket’s Privacy Policy.
For transfers to (sub-) processors, also specify subject matter, nature, and duration of the processing
As set out in Annex III. Sub-processors process Personal Data only for the duration of the Agreement and only to the extent necessary to provide the Services.
C. COMPETENT SUPERVISORY AUTHORITY
Where the data exporter is established in an EEA country, the competent supervisory authority is as determined by application of Clause 13 of the EU SCCs. For Personal Data of Data Principals in India, the competent authority is the Data Protection Board of India.
ANNEX II
TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA
Description of the technical and organisational security measures implemented by Voxket AI Pvt Ltd as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.
Security Management System
Organization. Voxket designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.
Policies. Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.
Assessments. Voxket engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.
Risk Treatment. Voxket maintains a risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.
Vendor Management. Voxket maintains a vendor management program in which vendors are assessed and their security reports and certifications are reviewed.
Incident Management. Voxket reviews security incidents regularly, including effective determination of root cause and corrective action.
Standards. Voxket operates an information security management system aligned with the requirements of ISO/IEC 27001:2022.
Personnel Security
Voxket personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Voxket conducts reasonably appropriate background checks on any employees who will have access to client data, to the extent legally permissible.
Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, Voxket’s confidentiality, privacy and security policies, and are provided with privacy and security training. Voxket’s personnel will not process Customer Personal Data without authorization.
Access Controls
Access Management. Voxket maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.
Access Control and Privilege Management. Voxket designs its systems to only allow authorized persons to access data based on the principles of “least privilege” and “need to know”. Voxket requires unique user IDs, strong passwords, multi-factor authentication and monitored access lists. Access to systems is logged to create an audit trail for accountability.
Data Center and Network Security
Infrastructure. Voxket uses Amazon Web Services (AWS) as its data center, hosted in the Asia Pacific (Mumbai) region.
Resiliency and Disaster Recovery. Automated database backups are enabled with a 14-day retention period and are replicated to the AWS Asia Pacific (Hyderabad) region. Multi Availability Zones are enabled and Voxket conducts backup restoration testing on a regular basis.
Security Logs. Voxket’s systems have logging enabled to support security audits, and to monitor and detect actual and attempted attacks on, or intrusions into, Voxket’s systems.
Vulnerability Management. Voxket performs regular vulnerability scans on infrastructure components of its production environment. Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches installed as soon as commercially possible.
Networks and Transmission
Data Transmission. Data is transmitted using HTTPS (TLS) encryption for data in transit. Web traffic is protected by Cloudflare.
External Attack Surface. AWS Security Groups (virtual firewalls) are in place for the production environment on AWS.
Incident Response. Voxket maintains incident management policies and procedures, including security incident escalation procedures, and documents security incidents and their outcomes.
Data Storage, Isolation and Destruction. Voxket stores data in a multi-tenant environment on AWS and logically isolates the data of different customers. Voxket ensures secure disposal of Client Data, including deletion or anonymization within 90 days of an account deletion request and automatic expiry of database backups.
ANNEX III
LIST OF SUB-PROCESSORS
The controller has authorized the use of the following sub-processors:
| Name of Sub-Processor | Description of Processing | Location |
|---|---|---|
| Amazon Web Services, Inc. | Hosting of the production environment, databases, storage and backups | India (Mumbai, Hyderabad) |
| Cloudflare, Inc. | Content delivery, DNS and web security for Voxket websites and Services | Global |
| OpenAI, L.L.C. | Large language model processing of conversation content for AI agents | United States |
| Anthropic, PBC | Large language model processing of conversation content for AI agents | United States |
| Google LLC (Gemini) | Large language model processing of conversation content for AI agents | United States |
| ElevenLabs, Inc. | Speech-to-text transcription and text-to-speech voice generation for voice agents | United States |
DATA PROTECTION OFFICER
Voxket has appointed a Data Protection Officer (DPO), who is the primary point of contact for Customers, data subjects / data principals and supervisory authorities on all matters relating to the processing of Personal Data under this DPA.
Name: Bikash Kumar
Designation: Data Protection Officer
Email: dpo@voxket.ai
Address: Voxket AI Pvt Ltd, No.581, 2nd Floor, 1st Main Road, Sector 6, HSR Layout, C/o Incubex Business Consulting Ser Pvt. ltd. Bengaluru-560102, Karnataka, India
CONTACT
For any other questions about this DPA, contact support@voxket.ai.