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Anapan AI

Data Processing Agreement

This Data Processing Agreement (the “DPA”) constitutes a legally binding agreement between You and Us. “We”, “Us”, “Our” and “Anapan” mean Midsummer Technologies Private Limited, a company incorporated in India operating the Anapan platform. You are required to read this DPA carefully as this DPA forms an integral part of the terms of use available at https://www.anapan.ai/terms-of-service/ (the “Terms”) and is applicable where We are the Processors of Your Personal Data.

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Anapan AI

Data Processing Agreement

This Data Processing Agreement (the “DPA”) constitutes a legally binding agreement between You and Us. “We”, “Us”, “Our” and “Anapan” mean Midsummer Technologies Private Limited, a company incorporated in India operating the Anapan platform. You are required to read this DPA carefully as this DPA forms an integral part of the terms of use available at https://www.anapan.ai/terms-of-service/ (the “Terms”) and is applicable where We are the Processors of Your Personal Data.

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Last Updated on June 22, 2026

1. Definitions

Account

Means any accounts or instances created by You or on Your behalf for access and use of the Services.

CCPA

shall mean the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (CPRA).

Data Protection Laws

shall mean the data protection laws of the country in which You are established and any data protection laws applicable to You in connection with the Terms, including but not limited to (a) laws and regulations applicable to the GDPR, (b) in respect of the UK, the GDPR as saved into the United Kingdom by virtue of section 3 of the United Kingdom European Union (Withdrawal) Act 2018 (“UK GDPR”) and the Data Protection Act 2018 (c) the Swiss Federal Data Protection Act and its implementing regulations (“Swiss DPA”) in each case, as may be amended, superseded or replaced.

GDPR

shall mean 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).

Personal Data
shall mean any information relating to an identified or identifiable natural person Processed by Anapan as part of providing the services to You as described in an Appendix.

Restricted Transfer

means (i) where the GDPR applies, a transfer of Personal Data from the EEA to a country outside the EEA which is not subject to an adequacy determination by the European Commission; (ii) where the UK GDPR applies, a transfer of Personal Data from the UK to any other country which is not based on adequacy regulations pursuant to Section 17A of the Data Protection Act 2018; and (iii) where the Swiss DPA applies, a transfer of Personal Data to a country outside of Switzerland which is not included on the list of adequate jurisdictions published by the Swiss Federal Data Protection and Information Commissioner.

Standard Contractual Clauses or SCCs

means (i) where the GDPR applies, the standard contractual clauses as approved by the European Commission (Implementing Decision (EU) 2021/914 of 04 June 2021) and available at https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914 (“EU SCCs”); (ii) where the UK GDPR applies, the International Data Transfer Addendum to the EU SCCs issued by the UK Information Commissioner, Version B1.0, in force from 21 March 2022 set forth as Appendix IV (“UK SCCs”) and (iii) where the Swiss DPA applies, the applicable standard data protection clauses issued, approved or recognized by the Swiss Federal Data Protection and Information Commissioner (the “Swiss SCCs”) (in each case, as updated, amended or superseded from time to time).


Sensitive Personal Information

means information that relates to an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation. It also includes information about an individual’s criminal offences or convictions, as well as any other information deemed sensitive under applicable data protection laws.

Controller, Data Subject, Personal Data Breach, Processor and Process shall have the meaning given to them in the GDPR.


2. Scope and Responsibilities

This DPA applies to Processing of Personal Data forming a part of the Customer Data.

Anapan shall Process Personal Data only on Your behalf and at all times only in accordance with this DPA, especially the respective Appendix. For the avoidance of doubt, Anapan shall be the Processor and You shall be the Controller of the Personal Data.

Within the scope of the Terms, each party shall be responsible for complying with its respective obligations as Controller and Processor under Data Protection Laws.


3. Term and Termination

This DPA becomes effective upon You subscribing to the Services by agreeing to the Terms. It shall continue to be in full force and effect as long as Anapan is Processing Personal Data pursuant to the Terms and shall terminate automatically thereafter.

Where amendments are required to ensure compliance of this DPA or an Appendix with Data Protection Laws, the Parties shall make reasonable efforts to agree on such amendments upon Your request. Where the Parties are unable to agree upon such amendments, either party may terminate the Terms in accordance with the termination procedure contained therein.


4. Processing Instructions

Anapan will Process Personal Data in accordance with Your instructions. This DPA contains Your initial instructions to Anapan. The Parties agree that You may communicate any change in your initial instructions to Anapan by way of amendment to this DPA, which shall be signed by the Parties.

For the avoidance of doubt, any instructions that would lead to Processing outside the scope of this DPA (e.g. because a new Processing purpose is introduced) will require a prior agreement between the Parties.

Anapan shall without undue delay inform You in writing if, in Anapan’s opinion, an instruction infringes Data Protection Laws, and provide a detailed explanation of the reasons for its opinion in writing.


5. Processing Personal Data

Anapan will restrict its personnel from Processing Personal Data without authorization. All Anapan personnel are subject to background verification prior to being granted access to organizational systems and Personal Data, to the extent permitted by applicable law. All such personnel sign confidentiality and non-disclosure agreements as a condition of engagement, and complete mandatory information security and data protection awareness training. Access rights are reviewed and adjusted upon role change and promptly revoked upon termination of employment or engagement. Anapan will impose appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection, and data security.


6. Disclosure to Third Parties; Data Subjects Rights

Anapan will not disclose Personal Data to any government agency, court, or law enforcement except with Your written consent or as necessary to comply with applicable mandatory laws. If Anapan is obliged to disclose Personal Data to a law enforcement agency, then Anapan agrees to give You reasonable notice of the access request prior to granting such access, to allow You to seek a protective order or other appropriate remedies. If such notice is legally prohibited, Anapan will take reasonable measures to protect the Personal Data from undue disclosure as if it were Anapan’s own confidential information being requested and shall inform You promptly as soon as possible if and when such legal prohibition ceases to apply.

In case You receive any request or communication from Data Subjects that relate to the Processing of Personal Data (“Request”), Anapan shall reasonably provide You with full cooperation, information, and assistance (“Assistance”) in relation to any such Request instructed by You.

Where Anapan receives a Request, Anapan shall (i) not directly respond to such Request, (ii) forward the Request to You within five (5) business days of identifying the Request as being related to You, and (iii) provide Assistance according to further instructions from You.


7. Technical and Organizational Measures

Anapan shall implement and maintain appropriate technical and organizational security measures to ensure that Personal Data is Processed according to this DPA, to provide assistance, and to protect Personal Data against a Personal Data Breach (“TOMs”) as specified in Appendix II hereto.


8. Assistance with Data Protection Impact Assessment

Where a Data Protection Impact Assessment (“DPIA”) is required under applicable Data Protection Laws for the Processing of Personal Data, Anapan shall provide upon request to You any information and assistance reasonably required for the DPIA including assistance for any communication with data protection authorities, where required, unless the requested information or assistance is not pertaining to Anapan’s obligations under this DPA.

You shall pay Anapan reasonable charges for providing the assistance in clause 8, to the extent that such assistance cannot be reasonably accommodated within the normal provision of the Services.


9. Information Rights and Audit

Anapan shall, in accordance with Data Protection Laws, make available to You on request in a timely manner such information as is necessary to demonstrate compliance by Anapan with its obligations under the Data Protection Laws.

Anapan shall, upon reasonable notice, allow for and contribute to audits of Anapan’s Processing of Personal Data, as well as the TOMs (including data Processing systems, policies, procedures, and records), during regular business hours and with minimal interruption to Anapan’s business operations. Such audits shall be conducted by You, Your affiliates, or an independent third party on Your behalf (which will not be a competitor of Anapan) that are subject to reasonable confidentiality obligations.

You shall pay Anapan reasonable costs of allowing or contributing to audits or inspections in accordance with clause 9.2 where You wish to conduct more than one audit or inspection every twelve (12) months. Anapan will immediately refer to You any requests received from national data protection authorities that relate to Anapan’s Processing of Personal Data.

Anapan undertakes to reasonably cooperate with You in its dealings with national data protection authorities and with any audit requests received from national data protection authorities.


10. Personal Data Breach Notification

In respect of any Personal Data Breach (actual or reasonably suspected), Anapan shall:

10.1 notify You of a Personal Data Breach involving Anapan or a subcontractor without undue delay after becoming aware of it, and it shall be Your responsibility to inform the supervisory authority of such breach within seventy-two (72) hours of notice by Anapan;

10.2 to the extent known at the time of notification, provide You with a description of the nature of the Personal Data Breach, the categories and approximate number of Data Subjects and Personal Data records concerned, and the measures taken or proposed to address the Personal Data Breach;

10.3 provide You with reasonable updates on the status of the Personal Data Breach and Anapan’s remediation efforts until it has been resolved;

10.4 provide reasonable information, cooperation and assistance to You in relation to any action to be taken in response to a Personal Data Breach under Data Protection Laws, including regarding any communication of the Personal Data Breach to Data Subjects and national data protection authorities; and

10.5 conduct a root cause analysis following resolution of the Personal Data Breach and take corrective and preventive measures to prevent recurrence.


11. Subcontracting

11.1 You consent to Anapan engaging third-party sub-processors to Process Personal Data to fulfill its obligations under the Terms. Anapan maintains a current list of sub-processors at trust.anapan.ai, which is updated prior to any new sub-processor commencing Processing of Personal Data. You may object to a new sub-processor within forty-five (45) days of the update being posted, provided such objection is based on reasonable grounds relating to data protection. In such an event, Anapan will either not appoint the sub-processor or, if this is not possible, either party may suspend or terminate the affected Service(s) (without prejudice to any fees incurred by You prior to such suspension or termination).

11.2 Prior to engaging any sub-processor that will Process Personal Data, Anapan conducts a due diligence assessment of the sub-processor, including review of the sub-processor's security controls, certifications (such as SOC 2 or ISO 27001 reports, where available), data storage locations, and contractual commitments regarding confidentiality and data protection. Anapan maintains an NDA and/or written agreement with each such sub-processor prior to onboarding.

11.3 Where Anapan, with Your consent, subcontracts its obligations and rights under this DPA it shall do so only by way of a binding written contract with the sub-processor which imposes essentially the same obligations according to Art. 28 GDPR, especially with regard to instructions and TOMs on the sub-processor as are imposed on Anapan under this DPA.

11.4 Anapan reviews its sub-processors on at least an annual basis, including verification of continued compliance with the obligations referenced in this Clause 11.

11.5 Where the sub-processor fails to fulfill its data protection obligations under the subcontracting agreement, Anapan shall remain fully liable to You for the fulfillment of its obligations under this DPA and for the performance of the subprocessor's obligations.


12. International Data Transfers

The Parties agree that when the transfer of Personal Data from You to Anapan is a Restricted Transfer and applicable Data Protection Laws require that appropriate safeguards are put in place, such transfer shall be subject to the appropriate Standard Contractual Clauses, which shall be deemed incorporated into and form part of this DPA as follows:

In relation to transfers of Personal Data originating from the EEA and subject to the GDPR, the EU SCCs shall apply, completed as follows:

Module 2 (Controller to Processor) shall apply where You are a Controller and Anapan is a Processor;

in Clause 7, the optional docking clause will apply;

in Clause 11, the optional language will not apply;

in Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law;

in Clause 18(b), disputes shall be resolved before the courts of Ireland;

Annex I of the EU SCCs shall be deemed completed with the information set out in Appendix I to this DPA;

Annex II of the EU SCCs shall be deemed completed with the information set out in Appendix II to this DPA; and

Annex III of the EU SCCs shall be deemed completed with the information set out in Appendix III to this DPA.

In relation to transfers of Personal Data originating Switzerland and subject to the Swiss DPA, the EU SCCs as implemented under sub-paragraph (a) above will apply with the following modifications and constitute the Swiss SCCs:

references to Regulation (EU) 2016/679 shall be interpreted as references to the Swiss DPA;

references to specific Articles of Regulation (EU) 2016/679 shall be replaced with the equivalent section of the Swiss DPA;

references to “EU”, “Union”, “Member State”, and “Member State law” shall be replaced with references to “Switzerland” or “Swiss law”;

the term “member state” shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (i.e., Switzerland);

Clause 13(a) and Part C of Annex I are not used and the “competent supervisory” is the Swiss Federal Data Protection Information Commissioner;

references to the “competent supervisory authority” and “competent courts” shall be replaced with references to the “Swiss Federal Data Protection Information Commissioner” and “applicable courts of Switzerland”;

in Clause 17, the Standard Contractual Clauses shall be governed by the laws of Switzerland; and Clause 18(b) shall state that disputes shall be resolved before the applicable courts of Switzerland;

Annex I of the Swiss SCCs shall be deemed completed with the information set out in Appendix I to this DPA;

Annex II of the Swiss SCCs shall be deemed completed with the information set out in Appendix II to this DPA; and

Annex III of the Swiss SCCs shall be deemed completed with the information set out in Appendix III to this DPA.

In relation to transfers of Personal Data originating from the UK and subject to the UK GDPR, the UK SCCs shall apply.

For the purposes of descriptions in the SCCs, You agree that You are the “data exporter” and Anapan is the “data importer”.

The Parties agree that if the Standard Contractual Clauses are replaced, amended, or no longer recognized as valid under Data Protection Laws, or if a Supervisory Authority and/or Data Protection Laws requires the adoption of an alternative transfer solution, the data exporter and data importer will: (i) promptly take such steps requested including putting an alternative transfer mechanism in place to ensure the processing continues to comply with Data Protection Laws; or (ii) cease the transfer of Personal Data and at the data exporter’s option, delete or return the Personal Data to the data exporter.



13. Deletion or Return of Personal Data

Upon termination of Your Account, Anapan shall permanently delete all Customer Data, including Personal Data, within three (3) months of the contract termination date, in accordance with Anapan’s Data and Record Retention and Deletion Policy and the procedure set forth in the Terms. This deletion obligation extends to backup and archival copies of Customer Data. This requirement shall not apply to the extent that Anapan is permitted by the applicable law to retain some or all of the Personal Data, in which event Anapan shall isolate and protect the Personal Data from any further processing except to the extent as required by such law.


14. CCPA Undertaking

You acknowledge and agree that it is the Business and Anapan is the Service Provider with respect to any Personal Information of Consumers (as those terms are understood under the CCPA) forming part of Your Data. Anapan will not sell, share, retain, use, or disclose the Personal Information of Consumers that Anapan processes on Your behalf when providing the Services under the Terms for any purpose other than for the specific purpose of providing the Services in accordance with the Terms and as part of the direct relationship between Anapan and You. Anapan certifies that it understands the restrictions in this clause 14 and will comply with such restrictions.


15. Miscellaneous

In case of any conflict, the provisions of this DPA shall take precedence over the Terms or provisions of any other agreement with Anapan. In case of any conflict between the DPA and the SCCs, the SCCs shall take precedence over the provisions of the rest of the DPA.

No party shall receive any remuneration for performing its obligations under this DPA except as explicitly set out herein or in another agreement.

Where this DPA requires a “written notice” such notice can also be communicated via email to the other party. Notices shall be sent to the contact persons set out in Appendix 1.

Any supplementary agreements or amendments to this DPA must be made in writing and signed by both Parties.

Should individual provisions of this DPA become void, invalid, or non-viable, this shall not affect the validity of the remaining conditions of this DPA. The following Appendices form an integral part of this DPA:

In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Anapan’s control, the Data Subjects can submit such request by contacting Anapan’s Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:

Name: Chirag Srivastava

Email ID: chirag@anapan.ai



APPENDIX 1

A. LIST OF PARTIES UNDER THE SCCS



Data exporter(s): The Data Exporter is the entity that has subscribed to the Terms and their contact details are as provided by them while subscribing to the Terms. Signature & Date: By entering into the Agreement, Data Exporter is deemed to have signed these SCCs incorporated herein, including their Annexes, as of the Effective Date of the Agreement.


Role: Controller

Data importer(s):

Name: Midsummer Technologies Private Limited

Address: 166, Jankivihar Colony, Lucknow, 226021


Contact person’s name, and contact details:

Name: Chirag Srivastava Email: chirag@anapan.ai


Activities relevant to the data transferred under these Clauses: As specified in Part B.


Signature and date: By entering into the Agreement, the Data Importer is deemed to have signed these SCCs incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

Role (Controller / Processor): Processor



B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred

Unless provided otherwise by the data exporter, transferred Personal Data relates to the following categories of Data Subjects: employees, contractors, business partners, or other individuals having Personal Data stored, transmitted to, made available to, accessed, or otherwise processed by the data importer.


Categories of personal data transferred

The transferred Personal Data concerns the following categories of data: Customer determines the categories of data and/or data fields that could be transferred per Anapan’s Services as stated in the relevant Agreement. The transferred Personal Data typically relates to the following categories of data: name, phone numbers, e-mail address, address data, system access/usage/authorization data, company name, contract data, invoice data, plus any application-specific data transferred by authorized personnel.


Sensitive data transferred (if applicable)

No Sensitive Personal Information is transferred. The data exporter shall not disclose (and shall not permit any individual to disclose) any Sensitive Personal Data to the data importer for processing.


The frequency of the transfer

Data is transferred on a continuous basis.


Nature of the processing

Collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data (whether or not by automated means).


Purpose(s) of the data transfer and further processing

Personal Data is transferred in the course of access and use of the data exporter’s Service so that the data importer may provide, support, maintain and improve the Service.

The data importer may further transfer personal data to third-party service providers that host and maintain the data importer’s applications, backup, storage, payment processing, analytics, and other services as specified in the section on sub-processors below. These third-party service providers may have access to or process personal data for the purpose of providing these services to the data importer.


The period for which the personal data will be retained

Upon termination or expiry of the Terms, Anapan shall delete all Customer Data including Personal Data in accordance with the procedure contained in the Terms. This requirement shall not apply to the extent that Anapan is required by the applicable law to retain some or all of the Personal Data, in which event Anapan shall isolate and protect the Personal Data from any further processing except to the extent required by such law.

For transfers to (sub-)processors, the subject matter, nature, and duration of the processing is as set out below.


AWS

Hosting & infrastructure services — United States


Anthropic

AI / LLM processing for the Service (enterprise API; no-training commitment) — United States


OpenAI

AI / LLM processing for the Service (enterprise API; no-training commitment) — United States


PostHog

Product analytics — United States


Sentry

Error monitoring and diagnostics — United States


New Relic

Application performance monitoring — United States


Slack

Messaging — United States


Google Workspace

Email — India


Cloudflare

DNS / CDN / WAF — United States


Hubspot

CRM solutions — United States


Mailgun

Email services — United States


Github

Code version control — United States


Notion

Work management — United States


COMPETENT SUPERVISORY AUTHORITY

In respect of the SCCs, Module 2 (Transfer Controller to Processor): where the Customer is the data exporter, the supervisory authority shall be the competent supervisory authority that has supervision over the Customer in accordance with Clause 13 of the SCCs.


APPENDIX II


Technical and Organisational Security Measures

Anapan maintains a SOC 2 Type II report and is ISO 27001:2022 certified. Copies of the SOC 2 report and ISO 27001 certificate are available to customers upon request and subject to applicable confidentiality terms.

Anapan has implemented and maintains an Information Security Management System (ISMS) governed by its Information Security Policy and supporting security policies, covering the following measures:

  • Organization of Information Security. A designated security function (CISO responsibility) is accountable for implementing, maintaining, and enforcing information security controls across the organization.

  • Access Control. Access to systems and information is granted on a least-privilege, need-to-know basis. Authentication and authorization controls are in place to prevent unauthorized access to systems and applications, and access is reviewed periodically. Administrative access to production infrastructure is provided via brokered, logged sessions rather than direct network access.

  • Encryption. Personal Data is encrypted in transit and at rest, in accordance with Anapan’s Encryption and Key Management Policy.

  • Network Security. Network access to production systems is restricted and monitored in accordance with Anapan’s Network Management Policy, with no direct unauthenticated access permitted to production infrastructure.

  • Change Management. Changes to information systems and infrastructure that affect information security are managed through a formal, controlled change management process.

  • Vulnerability and Patch Management. Technical vulnerabilities affecting information systems are identified, assessed, and remediated in accordance with Anapan’s Patch and Vulnerability Management Policy.

  • Logging and Monitoring. Information system events are logged and monitored to support detection of and response to security events, in accordance with Anapan’s Log Management and Monitoring Policy.

  • Incident Management. Information security incidents are reported, investigated, and managed through a formal Incident Management Policy, including notification procedures as described in Clause 10 of this DPA.

  • Business Continuity and Disaster Recovery. Business continuity and disaster recovery plans are defined, implemented, and periodically tested to ensure availability of information and information processing systems.

  • Backup. Data backups are taken and restoration is periodically tested in accordance with Anapan’s Backup and Restore Policy.

  • Asset Management. Information assets are identified, classified, and protected in accordance with Anapan’s Asset Management and Disposal Policy and Information Classification Policy, with secure disposal procedures for data and media no longer required.

  • Vendor and Sub-processor Management. Third-party vendors and sub-processors, including cloud service providers, are assessed and managed through a formal Vendor Management Policy prior to onboarding and on an ongoing basis.

  • Secure Development. Information security is integrated into the development and maintenance of information systems in accordance with Anapan’s Secure Development and Maintenance Policy.

  • Human Resources Security. Personnel are subject to confidentiality obligations and are trained on information security responsibilities appropriate to their roles, in accordance with Anapan’s Human Resource Security Policy.

  • Mobile and Teleworking. Information accessed, processed, or stored on mobile devices or during remote work is protected in accordance with Anapan’s Mobile and Teleworking Policy.

For further information regarding Anapan’s security program, contact chirag@anapan.ai.


APPENDIX III

List of Sub-processors

As set out in Part B to Appendix I.

APPENDIX IV


UK SCCs T

These UK SCCs shall stand included as an addendum to the EU SCCs implemented under Clause 12.1(a) of this DPA.

Part 1: Tables

For data transfers from the United Kingdom that are subject to the UK SCCs, the UK SCCs will be deemed entered into (and incorporated into this Data Processing Addendum by this reference) and completed as follows:

  • In Table 1 of the UK SCCs, the Parties’ details and key contact information shall be as set forth in Appendix I.A.

  • In Table 2 of the UK SCCs, information about the version of the Approved EU SCCs, modules and selected clauses to which this UK SCC is appended shall be as set forth in Clauses 11.1 and 12.1(a)(i), (ii), (iii), (iv) of this DPA.

  • In Table 3 of the UK SCCs: Annex 1A (List of Parties) as set forth in Appendix I.A; Annex 1B (Description of Transfer) as set forth in Appendix I.B; Annex III (List of Subprocessors) as set forth in Appendix I.B.

  • In Table 4 of the UK SCCs, both the data importer and the data exporter may end the UK SCCs in accordance with the terms of the UK SCCs.


Part 2: Mandatory Clauses

Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.

APPENDIX 1

A. LIST OF PARTIES UNDER THE SCCS



Data exporter(s): The Data Exporter is the entity that has subscribed to the Terms and their contact details are as provided by them while subscribing to the Terms. Signature & Date: By entering into the Agreement, Data Exporter is deemed to have signed these SCCs incorporated herein, including their Annexes, as of the Effective Date of the Agreement.


Role: Controller

Data importer(s):

Name: Midsummer Technologies Private Limited

Address: 166, Jankivihar Colony, Lucknow, 226021


Contact person’s name, and contact details:

Name: Chirag Srivastava Email: chirag@anapan.ai


Activities relevant to the data transferred under these Clauses: As specified in Part B.


Signature and date: By entering into the Agreement, the Data Importer is deemed to have signed these SCCs incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

Role (Controller / Processor): Processor



B. DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred

Unless provided otherwise by the data exporter, transferred Personal Data relates to the following categories of Data Subjects: employees, contractors, business partners, or other individuals having Personal Data stored, transmitted to, made available to, accessed, or otherwise processed by the data importer.


Categories of personal data transferred

The transferred Personal Data concerns the following categories of data: Customer determines the categories of data and/or data fields that could be transferred per Anapan’s Services as stated in the relevant Agreement. The transferred Personal Data typically relates to the following categories of data: name, phone numbers, e-mail address, address data, system access/usage/authorization data, company name, contract data, invoice data, plus any application-specific data transferred by authorized personnel.


Sensitive data transferred (if applicable)

No Sensitive Personal Information is transferred. The data exporter shall not disclose (and shall not permit any individual to disclose) any Sensitive Personal Data to the data importer for processing.


The frequency of the transfer

Data is transferred on a continuous basis.


Nature of the processing

Collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data (whether or not by automated means).


Purpose(s) of the data transfer and further processing

Personal Data is transferred in the course of access and use of the data exporter’s Service so that the data importer may provide, support, maintain and improve the Service.

The data importer may further transfer personal data to third-party service providers that host and maintain the data importer’s applications, backup, storage, payment processing, analytics, and other services as specified in the section on sub-processors below. These third-party service providers may have access to or process personal data for the purpose of providing these services to the data importer.


The period for which the personal data will be retained

Upon termination or expiry of the Terms, Anapan shall delete all Customer Data including Personal Data in accordance with the procedure contained in the Terms. This requirement shall not apply to the extent that Anapan is required by the applicable law to retain some or all of the Personal Data, in which event Anapan shall isolate and protect the Personal Data from any further processing except to the extent required by such law.

For transfers to (sub-)processors, the subject matter, nature, and duration of the processing is as set out below.


AWS

Hosting & infrastructure services — United States


Anthropic

AI / LLM processing for the Service (enterprise API; no-training commitment) — United States


OpenAI

AI / LLM processing for the Service (enterprise API; no-training commitment) — United States


PostHog

Product analytics — United States


Sentry

Error monitoring and diagnostics — United States


New Relic

Application performance monitoring — United States


Slack

Messaging — United States


Google Workspace

Email — India


Cloudflare

DNS / CDN / WAF — United States


Hubspot

CRM solutions — United States


Mailgun

Email services — United States


Github

Code version control — United States


Notion

Work management — United States


COMPETENT SUPERVISORY AUTHORITY

In respect of the SCCs, Module 2 (Transfer Controller to Processor): where the Customer is the data exporter, the supervisory authority shall be the competent supervisory authority that has supervision over the Customer in accordance with Clause 13 of the SCCs.


APPENDIX II


Technical and Organisational Security Measures

Anapan maintains a SOC 2 Type II report and is ISO 27001:2022 certified. Copies of the SOC 2 report and ISO 27001 certificate are available to customers upon request and subject to applicable confidentiality terms.

Anapan has implemented and maintains an Information Security Management System (ISMS) governed by its Information Security Policy and supporting security policies, covering the following measures:

  • Organization of Information Security. A designated security function (CISO responsibility) is accountable for implementing, maintaining, and enforcing information security controls across the organization.

  • Access Control. Access to systems and information is granted on a least-privilege, need-to-know basis. Authentication and authorization controls are in place to prevent unauthorized access to systems and applications, and access is reviewed periodically. Administrative access to production infrastructure is provided via brokered, logged sessions rather than direct network access.

  • Encryption. Personal Data is encrypted in transit and at rest, in accordance with Anapan’s Encryption and Key Management Policy.

  • Network Security. Network access to production systems is restricted and monitored in accordance with Anapan’s Network Management Policy, with no direct unauthenticated access permitted to production infrastructure.

  • Change Management. Changes to information systems and infrastructure that affect information security are managed through a formal, controlled change management process.

  • Vulnerability and Patch Management. Technical vulnerabilities affecting information systems are identified, assessed, and remediated in accordance with Anapan’s Patch and Vulnerability Management Policy.

  • Logging and Monitoring. Information system events are logged and monitored to support detection of and response to security events, in accordance with Anapan’s Log Management and Monitoring Policy.

  • Incident Management. Information security incidents are reported, investigated, and managed through a formal Incident Management Policy, including notification procedures as described in Clause 10 of this DPA.

  • Business Continuity and Disaster Recovery. Business continuity and disaster recovery plans are defined, implemented, and periodically tested to ensure availability of information and information processing systems.

  • Backup. Data backups are taken and restoration is periodically tested in accordance with Anapan’s Backup and Restore Policy.

  • Asset Management. Information assets are identified, classified, and protected in accordance with Anapan’s Asset Management and Disposal Policy and Information Classification Policy, with secure disposal procedures for data and media no longer required.

  • Vendor and Sub-processor Management. Third-party vendors and sub-processors, including cloud service providers, are assessed and managed through a formal Vendor Management Policy prior to onboarding and on an ongoing basis.

  • Secure Development. Information security is integrated into the development and maintenance of information systems in accordance with Anapan’s Secure Development and Maintenance Policy.

  • Human Resources Security. Personnel are subject to confidentiality obligations and are trained on information security responsibilities appropriate to their roles, in accordance with Anapan’s Human Resource Security Policy.

  • Mobile and Teleworking. Information accessed, processed, or stored on mobile devices or during remote work is protected in accordance with Anapan’s Mobile and Teleworking Policy.

For further information regarding Anapan’s security program, contact chirag@anapan.ai.


APPENDIX III

List of Sub-processors

As set out in Part B to Appendix I.

APPENDIX IV


UK SCCs T

These UK SCCs shall stand included as an addendum to the EU SCCs implemented under Clause 12.1(a) of this DPA.

Part 1: Tables

For data transfers from the United Kingdom that are subject to the UK SCCs, the UK SCCs will be deemed entered into (and incorporated into this Data Processing Addendum by this reference) and completed as follows:

  • In Table 1 of the UK SCCs, the Parties’ details and key contact information shall be as set forth in Appendix I.A.

  • In Table 2 of the UK SCCs, information about the version of the Approved EU SCCs, modules and selected clauses to which this UK SCC is appended shall be as set forth in Clauses 11.1 and 12.1(a)(i), (ii), (iii), (iv) of this DPA.

  • In Table 3 of the UK SCCs: Annex 1A (List of Parties) as set forth in Appendix I.A; Annex 1B (Description of Transfer) as set forth in Appendix I.B; Annex III (List of Subprocessors) as set forth in Appendix I.B.

  • In Table 4 of the UK SCCs, both the data importer and the data exporter may end the UK SCCs in accordance with the terms of the UK SCCs.


Part 2: Mandatory Clauses

Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.