Legal draft

Data-processing agreement

The POPIA operator terms that apply when ChainClose processes customer-controlled personal information.

Draft v0.3 · particulars/schedules proposed; incorporation, contracts and counsel pending

1. Scope and role allocation

The draft applies where the customer is the responsible party, or is authorised by one, and ChainClose processes personal information on documented instructions to provide the service. ChainClose may separately act as responsible party for account, billing, fraud, security, legal-compliance and customer-relationship records described in the privacy notice.

The customer warrants that it may issue the instructions and has supplied required notices and lawful grounds. Any joint or independent role for CASP, KYB, Travel Rule or complaints data must be documented with the named partner before Settle is enabled.

2. Processing particulars

Draft processing annex
DimensionApproved service boundary
NatureCollect, receive, record, organise, retrieve, reconcile, classify, calculate, secure, export and delete
PurposeEnabled ingestion, close, tax/CARF preparation, accountant, treasury, support and security functions
PeopleCustomer personnel, owners/controllers, counterparties, beneficiaries and authorised-practice clients
DataAccount/access, financial evidence, transactions, workpapers and approved compliance fields
DurationOrder term, controlled exit and the approved purpose-based retention period

3. ChainClose operator duties

  • Process only on documented instructions and notify the customer of an apparently unlawful instruction before pausing the affected processing.
  • Bind authorised personnel to confidentiality and least privilege.
  • Maintain tenant isolation, role controls, encryption, audit, secure development, recovery and credential separation appropriate to production.
  • Assist with access, correction, objection, deletion, complaints, impact/prior-authorisation assessment and regulator requests.
  • Immediately notify the responsible party after becoming aware of a personal-information security compromise and provide continuing facts and cooperation.
  • Return or delete information under the retention schedule unless law requires protected, restricted retention.

4. Subprocessors and cross-border transfers

The draft gives general authorisation only for providers in the published register and proposes at least thirty days' notice for a material new subprocessor. A customer may object on reasonable data-protection grounds; the parties seek an alternative and the customer may terminate the affected service if none is reasonably available.

Each provider must have written confidentiality, security, incident, assistance, transfer, deletion and onward-processing duties. Personal information leaves South Africa only under a documented POPIA section 72 basis approved for the actual country and data flow. The proposed Frankfurt identity/workflow and global paging variances use binding agreements with substantially similar protection, payload minimisation and deployment controls; they are not active merely because they appear in this draft.

5. Audit and deletion evidence

The customer may request proportionate compliance evidence annually and after a material compromise or regulator request. Independent reports, policies and test evidence come first; intrusive testing cannot expose another tenant or disrupt service.

A verified exit deletion receives an attestation identifying completed, lawfully retained and backup categories and the timetable for residual expiry.

Official sources

External references used for the factual and regulatory context on this page.