// LEGAL

Data Processing Agreement

Effective date: [[EFFECTIVE DATE]] | Draft for review

DRAFT — not legal advice. This document is a working template grounded in how the Service operates. It must be reviewed and adapted by a qualified lawyer before publication. Items in [[brackets]] require your input (legal entity, jurisdiction, dates).

This Data Processing Agreement (“DPA”) forms part of the Terms of Service between [[LEGAL ENTITY NAME, form & registered address]] (“Processor”, “TonWise”) and the customer (“Controller”, “you”), and applies where TonWise processes Personal Data on your behalf in providing the Service, to the extent the EU General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) or equivalent data-protection laws apply.

1. Roles

For Personal Data you submit, or that we process on your behalf via the API, you act as Controller and TonWise acts as Processor. Where TonWise determines the purposes and means of processing (for example, for its own Telegram Bot users), it acts as an independent controller under the Privacy Policy.

2. Scope & instructions

We process Personal Data only to provide, secure, and support the Service, on your documented instructions (these Terms, this DPA, and your configuration and use of the API), and as required by law — in which case we will inform you unless legally prohibited. Processing details are in Annex 1.

3. Confidentiality

Personnel authorized to process Personal Data are bound by appropriate confidentiality obligations.

4. Security

We implement appropriate technical and organizational measures as described in Annex 2, taking into account the state of the art, costs, and the nature and risk of processing.

5. Sub-processors

You authorize us to engage the sub-processors listed in Annex 3. We bind sub-processors to data-protection obligations no less protective than this DPA and remain responsible for their performance. We will give notice of intended changes and you may object on reasonable data-protection grounds.

6. Data subject rights

Taking into account the nature of processing, we will assist you by appropriate measures to respond to requests from data subjects exercising their rights (access, rectification, erasure, restriction, portability, objection).

7. Personal data breach

We will notify you without undue delay after becoming aware of a Personal Data breach affecting your data, with information reasonably available to help you meet your own notification obligations.

8. Return & deletion

On termination, we will delete or return Personal Data processed on your behalf within [[N]] days, except where retention is required by law. Audit logs are retained for 90 days and backups are cycled out on a rolling basis.

9. International transfers

Hosting and primary processing take place in the EU (DigitalOcean, Amsterdam / AMS3, Netherlands). Where a sub-processor processes Personal Data outside the EEA (for example, OpenAI in the United States), transfers are made under an appropriate safeguard such as the EU Standard Contractual Clauses. [[Confirm transfer mechanism / SCCs with counsel]].

10. Audits

We will make available information necessary to demonstrate compliance with Article 28 GDPR and allow for and contribute to audits, subject to reasonable confidentiality and frequency limits (for example, once per 12 months or following a breach).

11. Liability & precedence

Liability under this DPA is subject to the limitations in the Terms. In case of conflict between this DPA and the Terms regarding the processing of Personal Data, this DPA prevails.

Annex 1 — Processing details

Subject matter: provision of the TonWise Trust & Safety Service.
Duration: the term of the Terms.
Nature & purpose: receiving API requests, returning risk assessments, account and billing administration, security, and support.
Categories of data subjects: your end users and personnel whose identifiers you submit; your billing contacts.
Categories of Personal Data: identifiers submitted via the API (e.g., wallet addresses where they relate to an identifiable person, optional reference IDs), hashed IP addresses, and billing email. We do not require passwords, private keys, or seed phrases — do not submit them. Do not submit special-category data.

Annex 2 — Security measures

Encryption in transit (TLS 1.3 via Cloudflare).
IP address hashing and minimal personal-data collection.
Tenant isolation on per-client metrics endpoints.
HMAC-SHA256 signed audit trail with key rotation.
Idempotency keys (24h) and fail-closed defaults on upstream degradation.
Automated daily database backups with tested restore and rollback procedures.
90-day audit log for B2B requests; access controls; CI and pre-commit checks on every change.

Annex 3 — Sub-processors

Sub-processor	Purpose	Location
DigitalOcean	Hosting / infrastructure	Amsterdam, NL (EU)
Cloudflare	CDN, TLS termination, DDoS protection	Global edge
TONAPI	TON blockchain data	[[confirm operator / location]]
OpenAI	AI-assisted analysis	United States
Telegram	Bot & Mini App delivery	[[confirm]]
TG Analytics	Anonymous usage statistics	[[confirm]]

[[Confirm this list is complete and accurate before publishing; add a payment processor if/when card payments are activated]].