These Developer Data Processing Terms ("DPT") describe how Phonetico processes personal data that you send to the Developer Services on behalf of other people. They form part of the Developer Terms, which define "Phonetico," "we," "us," "our," "you," and the "Developer Services," and they apply when, and to the extent that, you use the Developer Services to process personal data of third parties.
1. Roles
For personal data contained in the audio, text, and reference material you send to the API and in the transcripts and audio we return (together, "Customer Data"), you are the controller and we are the processor acting on your behalf. You decide why and how Customer Data is processed. We process it only to provide the Developer Services to you.
We are a controller, not a processor, for the account, billing, security, and usage information we hold about you and the people who use your account. That information is governed by our Privacy Policy, not by this DPT.
2. Our processing of Customer Data
2.1 On your instructions. We process Customer Data only to provide, secure, and support the Developer Services, and otherwise on your documented instructions. Your API calls and your settings in the portal are your instructions. We will tell you if we believe an instruction breaks data protection law, and we are not obliged to follow an unlawful instruction.
2.2 No sale, no advertising. We do not sell Customer Data or use it for advertising. We use it to train or improve our models only as the Developer Terms, Section 5.3, allow.
2.3 Confidentiality. We require our personnel who handle Customer Data to be bound by confidentiality obligations.
3. Your responsibilities
You are responsible for the lawfulness of Customer Data and of your instructions. You confirm that you have the right to send us each piece of Customer Data, that you have given any notice and obtained any consent that the law requires from the people the data is about, and that your use of the Developer Services and of the Outputs is lawful. This matters in particular for voice, which can be biometric data. The Developer Terms, Section 6, set out what you must hold for a voice you clone or save.
4. Security
We protect Customer Data with the measures the Privacy Policy, Section 7, describes. We may update our security measures, and we will not materially reduce the overall protection during your use of the Developer Services.
5. Sub-processors
You authorize us to engage sub-processors to help provide the Developer Services, such as infrastructure, payment processing, and communications providers. We impose data protection obligations on each sub-processor and remain responsible for its performance. We will keep an up-to-date list of the categories of sub-processor available on request, and we will give notice of a new sub-processor before it begins processing Customer Data so that you can object on reasonable data protection grounds.
6. Data subject requests
Taking into account the nature of the processing, we will give you reasonable help to respond to requests from the people whose data you process, such as requests for access, correction, deletion, or portability. Because you control Customer Data and we usually cannot identify the people in it, you handle such requests, and we support you with the tools and information available to us.
7. Retention and deletion
We keep Customer Data as the Privacy Policy, Section 8, describes for the retention you set in the portal, including what we may keep for abuse monitoring. On termination of the Developer Terms, or on your request, we will delete Customer Data within a reasonable period, except where the law requires us to keep it.
8. International transfers
Customer Data may be processed in the countries the Privacy Policy, Section 12, names, with the safeguards it describes.
9. Breach notification
If we become aware of a breach of security that leads to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Data, we will notify you without undue delay and give you the information you reasonably need to meet your own notification obligations.
10. Audit and information
We will make available the information reasonably necessary to show our compliance with this DPT, and will allow and contribute to an audit on reasonable prior notice, during business hours, no more than once a year unless the law or a regulator requires more, and subject to confidentiality.
11. Liability
Each party's liability under this DPT is subject to the limitations and exclusions in the Developer Terms.
12. Contact
- Data protection: [email protected]
- Security: [email protected]
- Website: https://phonetico.ai