Linkella Data Processing Addendum

This addendum is not yet in effect or available to enter into. It describes the proposed terms for processing creator audience data. Contact [email protected] about availability and the arrangements relevant to your account.

1. Parties and scope

This addendum is between Ruchir Harbhajanka, operating Linkella from India (“Linkella”), and the customer identified by the contracting Linkella account (“Customer”). Linkella's address is Astra Towers, ANO 616, Action Area II C, Rajarhat, New Town, Kolkata - 700161, India. Privacy contact: [email protected].

This addendum supplements the Terms when Linkella processes personal information on the Customer's behalf. Once finalised, it will be available to qualifying customers on ordinary plans, not only enterprise customers. Customer normally acts as controller or equivalent responsible business; if Customer is a processor, Customer warrants that its controller authorised the appointment and instructions. Linkella acts as processor or subprocessor for the covered information.

This addendum does not make Linkella a processor for all service data. Linkella's own account, security, legal, support and billing-coordination processing is described in the Privacy Policy. Paddle's separate reseller/payment processing and Google identity processing are not automatically subprocessors for Customer audience data. The parties remain responsible for their actual roles under applicable law; an independent-role label cannot expand use of Customer Data.

“Customer Data” means personal information submitted to or held in Linkella's covered features for Customer, including audience forms, contacts, attachments and related records described in Schedule 1. “Applicable Data Protection Law” means the privacy law applicable to the processing, including relevant Indian law and EU/UK GDPR where applicable. Statutory defined terms have their applicable meanings.

2. Instructions and Customer responsibilities

Linkella will process Customer Data only on documented Customer instructions to provide and secure the agreed service, including the settings and actions Customer authorises. Processing for a legal requirement is permitted only as allowed by law, with advance notice to Customer unless prohibited. Linkella will notify Customer if it believes an instruction violates applicable data protection law and may pause the affected processing while the parties resolve the issue.

Customer is responsible for the lawfulness of collection and instructions, required notices and permissions, authorised users, accurate information and its use of exports and integrations. Customer must not instruct prohibited collection of sensitive or children's information. Customer will identify a contact able to handle rights requests and incidents. Customer's failures do not excuse Linkella from its own legal duties.

Linkella will not sell Customer Data, use it for unrelated advertising or use private Customer Data to train general-purpose AI models. It will not disclose it except under instructions, authorised service provision or an applicable legal obligation.

3. Confidentiality and security

Linkella will ensure people authorised to access Customer Data are bound by confidentiality obligations, receive appropriate guidance and access only what their duties require. Access must be withdrawn when no longer needed.

Linkella will maintain technical and organisational measures appropriate to the nature, scope, context and risk of processing, taking account of available technology and implementation cost. The agreed security measures will be set out in Schedule 2. Linkella may improve them without materially reducing the agreed protection. No certification or absolute security guarantee is implied.

Customer will secure its account, devices and exported copies. The parties will cooperate on appropriate security rather than assigning every risk to Customer.

4. Subprocessors

Customer gives general written authorisation to the subprocessors identified in the agreed provider register, limited to their described processing. Only providers actually engaged for Customer Data are covered; an optional service is not authorised merely because Linkella can support it.

Linkella will enter written obligations with each subprocessor that provide at least the applicable protections required by this addendum and remains responsible for its subcontracted obligations to the extent required by law.

Linkella will notify Customer of an intended new or replacement subprocessor at least 30 days before giving it Customer Data, unless a documented urgent security or continuity need requires a shorter period permitted by law. Customer may object on reasonable data-protection grounds during that period. The parties will seek a practicable alternative. If none resolves the objection, Customer may terminate the affected service before the new processing begins, with an appropriate refund for affected prepaid unused service. An urgent replacement does not remove legally required objection or remedy rights.

The notification and objection rights above apply once this addendum takes effect; change notifications are not currently available under this proposed addendum.

5. International transfers

The agreed processing locations and international transfers will be listed in Schedule 3. Linkella will not make a restricted transfer without the safeguards required by Applicable Data Protection Law. Customer's general use of the service is not treated as a blanket derogation consent.

Where required, the parties will execute the applicable transfer instrument, select the correct controller-to-processor or processor-to-processor module, complete its annexes, assess the transfer and implement supplementary measures. EU standard contractual clauses and any UK addendum must be completed for the actual parties and transfers. Applicable mandatory transfer terms prevail over conflicting provisions here.

Linkella will review legally binding disclosure requests, seek narrowing where appropriate and lawful, and notify Customer unless prohibited. It will not disclose more Customer Data than legally required.

6. Rights requests and compliance assistance

Taking account of the processing and information available, Linkella will assist Customer with access, correction, erasure, restriction, portability, objections and other applicable individual rights. If an individual contacts Linkella about Customer Data, Linkella will promptly inform Customer and help route the request unless law requires Linkella to handle it directly. Linkella will not disclose another person's information merely because someone submitted a request.

Linkella will provide reasonable information and assistance for applicable security assessments, impact assessments, regulator consultations and recordkeeping. Customer remains responsible for decisions allocated to it by law. Any charge for exceptional assistance must be reasonable and agreed in advance; it must not prevent a legally required response.

7. Personal-data breaches

Linkella will notify Customer without undue delay after becoming aware of a breach affecting Customer Data. Initial notice need not await a complete investigation. As information becomes available, Linkella will provide the nature of the incident, affected data/individual categories and approximate scale where known, likely consequences, actions taken or proposed and a contact for follow-up.

Linkella will contain, investigate and remediate the incident, preserve appropriate evidence and cooperate with Customer. Customer normally determines notices to individuals and authorities for its controller responsibilities, without preventing Linkella from meeting its own duties. Neither party will make misleading statements about the other's role. Notice is not an admission of fault.

Incident contacts and escalation arrangements will be agreed before this addendum takes effect.

8. Return, deletion and retention

During service, Customer may use available export functions or request reasonable return assistance. On termination, at Customer's choice Linkella will return Customer Data and delete existing copies, or delete it, unless applicable law requires retention. A returned export does not itself remove the obligation to delete remaining covered copies.

Account deletion disables the account and public pages. Permanent deletion may begin after 30 days and can take longer. Customer may request a deletion timetable and confirmation; delays do not remove Linkella’s legal or contractual deletion duties. The parties will agree return and deletion timings, backup retention and lawful exceptions in Schedule 3 before this addendum takes effect.

Any retained copy must be isolated or restricted to the lawful retention purpose, protected under this addendum and deleted when that purpose ends. Restoring a backup must not permanently restore data already erased. Account cancellation and deletion are distinct; neither is a substitute for dealing with the Customer Data instruction.

9. Information, audits and regulatory cooperation

Linkella will provide information reasonably necessary to demonstrate compliance with this addendum and applicable processor duties. It will allow and contribute to appropriate audits or inspections by Customer or a qualified independent auditor, subject to confidentiality, security and protection of other customers. Documentary review is the normal first step. Reasonable scheduling must not obstruct an urgent justified audit or regulator access. Linkella will notify Customer of a requested audit instruction it believes is unlawful.

Each party will cooperate with competent authorities as required. This addendum does not restrict an individual's statutory claim or a regulator's powers.

10. Precedence and term

This addendum applies for as long as Linkella processes Customer Data for Customer, including lawful retained copies. It prevails over conflicting service terms concerning that processing. Mandatory law and completed mandatory transfer terms prevail over both. Service-agreement liability provisions apply only so far as they are compatible with those instruments and cannot reduce mandatory rights or responsibilities.

Schedule 1 — Processing description

• Subject and purpose: operate Customer's Linkella audience/contact forms, private submission storage, attachments, permission records, authorised viewing/export and associated support/security.
• Operations: collection, recording, organisation, storage, retrieval, authorised disclosure/export, correction, restriction and deletion; secure transfer and backups where used.
• Duration: service relationship and the agreed return/deletion process, with restricted legally required retention.
• Individuals: Customer's visitors, contacts, enquirers and people whose information an authorised submitter provides. Children's data and highly sensitive information are outside permitted collection.
• Data: form/contact answers such as name, email, messages, Customer-defined permitted fields, supported files, submission context, consent wording/version/time and related identifiers. Do not upload secrets or regulated sensitive records.
• Role boundary: Customer-directed visitor measurement and Linkella’s separate security uses are governed by their respective purposes and applicable legal roles.
• Frequency: on demand as visitors and authorised users interact with the enabled features.

Schedule 2 — Security measures

The service includes account authentication, access permissions, private attachment downloads, file validation, the ability to end account sessions and protected export links. Attachments are not guaranteed to receive antivirus scanning. The final security schedule is not yet available. Before this addendum takes effect, Customer will receive the agreed measures covering data transfer and storage, access control, incident handling, backups, recovery and deletion.

Schedule 3 — Processing arrangements

Before this addendum takes effect, the parties will agree the Customer’s contact details, providers, processing countries, information covered, safeguards, deletion and backup-retention periods, and lawful retention exceptions. They will also enter into any required international-transfer agreement. This proposed addendum does not itself authorise a restricted transfer.