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Data Processing Agreement

1. Parties and roles

This agreement is between you, the customer, and 3-102-878347 Sociedad de Responsabilidad Limitada (company ID 3-102-878347), trading as Palancasur, of Residencia Puruses, Casa 58, Granadilla, Curridabat, San Jose, 11802, Costa Rica.

It covers the personal data of your callers, meaning the people who call your business and speak with Cael. For that data you are the controller and we are the processor. We process it only to provide the service, and only on your instructions.

Your own staff's personal data is not covered here. We are the controller of that and the Privacy Policy governs it.

2. Subject matter, duration, nature and purpose

Subject matter: providing an automated voice agent that answers the calls you forward to it, and books jobs or appointments for your business.

Duration: for as long as your account is open, and afterwards only for the period needed to complete deletion.

Nature and purpose: receiving inbound calls, disclosing to the caller that they are speaking with an AI assistant, transcribing the call in real time, generating and speaking replies, recording booking details, showing the call and its outcome to you, metering usage, and keeping an audit record of what happened. The service handles inbound calls only. It does not place calls and does not send text messages.

3. Categories of data subject and personal data

Data subjects: people who call your business and whose calls you forward to the service.

Personal data:

  • telephone number, and the times and duration of calls;
  • call audio, processed in real time to transcribe the call and to produce spoken replies, and not stored;
  • call transcripts;
  • booking details, including the job or appointment requested and the name, address and other details the caller gives for it;
  • whatever other personal information the caller chooses to say during the call.

No special category data is requested by the service. If your business is one whose callers are likely to volunteer health, financial or other sensitive information on a call, tell us, because that changes what this agreement needs to say.

4. Your instructions

Our processing instruction is: provide the service as configured in your account. We will not process your callers' personal data for any other purpose, and we will not use it to train a machine learning model of our own. Whether each sub-processor in section 7 uses data it processes for us to improve its own models is governed by its terms with us; confirming and, where offered, switching off that use is an open item.

If we believe an instruction from you breaks the law, we will tell you rather than carry it out.

5. Confidentiality

Everyone we allow to access your callers' personal data is under a duty of confidentiality, and access is limited to the people who need it to run the service.

6. Security

Each account's rows are isolated by the database itself rather than by application logic, so a query that forgets to filter returns nothing rather than someone else's data. Audit and acceptance records cannot be modified or deleted by the application, because it is not granted the rights to do so. Third party credentials are encrypted at rest. Traffic between components is encrypted in transit. Call audio is not recorded to storage.

7. Sub-processors

You authorise the following sub-processors:

  • Railway, application and database hosting, United States.
  • Telnyx, telephone numbers and call delivery, United States.
  • LiveKit, real-time transport of call audio, United States.
  • Deepgram, speech-to-text transcription of call audio, United States.
  • Cartesia, text-to-speech for Cael's voice, United States.
  • Anthropic, the language model that decides Cael's replies, United States.
  • Resend, transactional email, United States.
  • Polar Software, Inc., merchant of record for subscription payments. Polar processes your billing details and does not receive your callers' data.
  • Sentry, error monitoring, United States, once it is enabled for the service.

And, only in the circumstances stated:

  • Google, calendar availability and bookings, United States, only if you connect a Google calendar to your account.
  • Twilio, text messages, United States, only if text messaging is offered and switched on for your account.

We will give you notice before adding or replacing a sub-processor that handles your callers' personal data. If you object on reasonable data protection grounds, you may end the agreement for that reason.

Each sub-processor is bound by terms no less protective than these, and we remain responsible to you for what they do.

8. International transfer

We are established in Costa Rica and the sub-processors above operate in the United States. Your callers' personal data is processed in those places.

9. Assisting you

We will assist you, so far as we reasonably can and taking into account what the service actually holds, with requests from your callers to access, correct or delete their data, with security of processing, and with any assessment or consultation you have to carry out.

Requests from your callers come to you, because you are their controller. Pass them to us and we will act on them. A request to delete a caller's data is completed within 30 days of the day we receive it.

10. Personal data breach

If we become aware of a breach affecting your callers' personal data, we will tell you without undue delay, and give you what we know: what happened, which categories of data and roughly how many people are affected, the likely consequences, and what we are doing about it. Notifying regulators or the affected people is your decision as controller, and we will support it.

11. Deletion and return

Call audio is never stored, so there is none to return or delete.

While your account is open, transcripts and booking details are kept so that you can see your call history, and are deleted on your request within 30 days. Automatic deletion on a fixed schedule is not yet running, and this agreement does not promise it. When it is switched on, the windows will be stated here and will be generated from the same configuration the service runs on.

When your account closes, you may ask for an export of your callers' personal data. After that, we delete it in line with our retention schedule, except where we are required to keep it.

Two exceptions are stated rather than buried. Legal acceptance records are kept as evidence that the agreements were made. Records required for tax and accounting are kept for the period the law requires.

12. Audit

We will make available the information reasonably needed to show that this agreement is being met, and will contribute to an audit conducted by you or an auditor you appoint, on reasonable notice, no more than once a year unless a regulator or a breach requires otherwise.

13. Liability

Section 11 of the Terms of Service applies to this agreement.

14. Term

This agreement runs for as long as we process your callers' personal data, and the obligations that by their nature survive termination do so.

15. Contact

3-102-878347 Sociedad de Responsabilidad Limitada, Residencia Puruses, Casa 58, Granadilla, Curridabat, San Jose, 11802, Costa Rica. Email info@palancasur.com.