This Data Processing Agreement (“DPA”) is entered into by and between Augmented Human Intelligence Ltd., doing business as Ahilab.co (“Processor,” “we,” “us,” or “our”), and you (“Controller,” “developer,” “you,” or “your”). This DPA supplements and forms part of the Terms and Conditions (the “Main Agreement”) governing your use of Ahilab’s API and services (the “Services”).
Under this DPA and for the purposes of applicable data protection laws (e.g., GDPR):
Ahilab.co provides an API that allows developers of Gen AI applications to display sponsored content or ads within their apps. End users may submit prompts to your application, which you then pass to Ahilab.co’s API for the purpose of contextual or otherwise relevant sponsorship matching.
No PII Storage: Ahilab.co is designed to operate without storing or retaining PII. We employ automated detection mechanisms (e.g., Amazon Comprehend) to identify and remove PII before processing a prompt. Our systems aim to ensure that no Personal Data is retained or analyzed beyond what is strictly necessary to match the prompt to an appropriate sponsored content.
This DPA is effective for as long as Ahilab.co processes Personal Data on your behalf under the Main Agreement. In the event the Main Agreement is terminated, this DPA shall automatically terminate, except for any provisions that by their nature should survive.
Controller’s Responsibility: You represent and warrant that you have obtained (or will obtain) valid, explicit consent from your end users to process any Personal Data through Ahilab.co’s API as required by applicable data protection laws (e.g., GDPR). This includes consent to transmit prompts, which may inadvertently include PII.
No Direct End-User Consent: Ahilab.co does not directly collect consent from end users. We rely on you, as the Controller, to ensure that such consent has been lawfully obtained and documented. If you do not obtain consent or if you fail to comply with relevant data protection laws, you acknowledge that this constitutes a breach of this DPA and the Main Agreement, and you assume all associated liability.
When an end user clicks on sponsored content delivered through our Services, Ahilab.co may access the user’s IP address for the limited purpose of determining the user’s country location. This country-level analytics data is used for ad performance metrics and reporting. We do not store or process full IP addresses beyond what is strictly necessary for real-time or near real-time analytics.
Additionally, if a user lands on the advertiser’s website after clicking on sponsored content, the user may be presented with a cookie consent banner on that advertiser’s website, where Ahilab may be listed as a partner involved in processing traffic and analytics. The advertiser is responsible for its own cookie and data practices, including compliance with all applicable data protection laws.
You, as the Controller, are responsible for responding to any requests from Data Subjects to exercise their rights (e.g., access, rectification, erasure, restriction, portability) under applicable data protection laws. Ahilab.co will assist you by providing any information in its possession necessary for you to fulfill such requests, to the extent required by applicable law and feasible within our system architecture.
Ahilab.co engages Amazon AWS Comprehend as a Sub-processor for PII detection. By accepting this DPA, you authorize us to use Amazon AWS Comprehend for these specific processing activities. We may engage other Sub-processors from time to time, and will notify you of any significant changes as required by law or contractual obligations. All Sub-processors will be bound by written agreements that require them to provide at least the same level of data protection as required by this DPA.
Ahilab.co implements and maintains commercially reasonable technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include, but are not limited to:
The limitations of liability set forth in the Main Agreement apply to this DPA. Notwithstanding the foregoing, each party shall be responsible for damages caused by its own violation of applicable data protection laws. You agree to indemnify and hold harmless Ahilab.co from and against any claims arising from your failure to obtain proper consent from end users, transmit data lawfully, or otherwise comply with your obligations as Controller under this DPA and applicable data protection legislation.
In the event of any unauthorized or unlawful access to Personal Data or accidental loss, destruction, or alteration of Personal Data (“Data Breach”), Ahilab.co will promptly notify you in accordance with applicable data protection laws. This notification will include, where possible, the nature of the Data Breach, the categories and approximate number of Data Subjects affected, and the measures taken or proposed to address the breach.
Upon your reasonable written request, Ahilab.co will make available documentation necessary to demonstrate compliance with this DPA. Any audits shall be conducted in a manner that does not disrupt business operations, subject to reasonable confidentiality obligations, and in accordance with the procedures outlined in the Main Agreement.
This DPA is governed by the same laws and jurisdiction specified in the Main Agreement, unless otherwise required by applicable data protection laws.
If you have any questions regarding this DPA or wish to exercise any legal rights under data protection laws, you may contact Ahilab.co at:
Email: admin@ahilab.co
By confirming acceptance (e.g., via checkbox) during the onboarding process or by continuing to use Ahilab.co’s Services, you acknowledge that you have read, understood, and agree to be bound by this DPA.
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