Data Processing Agreement & Service Commitment

This Data Processing Agreement (“DPA”) is entered into between Thinkwide Digital Health Pvt. Ltd. and the Customer, subject to the terms of the Principal Agreement(s). The DPA governs how Thinkwide processes personal data on behalf of the Customer and complements the principal service agreements already in place. (thinkwide.in)

The Customer, as the data controller, appoints Thinkwide as the data processor for personal data defined in the Schedule(s) and the Principal Agreement(s). Each party agrees to perform its data protection obligations in accordance with applicable law. Key definitions such as “controller”, “processor”, “personal data”, and “data subject” have the meanings set out under applicable data protection laws.

2. Data Ownership & Controller / Processor Roles

• All patient, billing, financial, clinical, and operational data collected, stored, or processed by ThinkLab remains the exclusive property of the Customer / Diagnostic Centre.
• Thinkwide acts as a Data Processor with access only for service delivery.
• Thinkwide does not claim ownership over customer data and does not use it beyond the purposes of providing agreed services.

3. Data Security, Backup & Recovery

Backup Frequency: ThinkLab performs automated daily backups of all transactional, financial, and clinical records to secure cloud infrastructure.

Recovery Targets:

1. Minor failures: Recovery within 4–8 working hours.
2. Major server issues: Recovery within 24 hours.
3. Catastrophic disruption: Recovery within 48 hours

Data Loss Responsibility: Thinkwide holds responsibility for recovery from system or infrastructure-level failures. However, negligible isolated record inconsistencies resulting from user actions, credential misuse, or external connectivity issues are outside Thinkwide liability.

4. System Availability, Support & Emergency Response

Thinkwide provides dedicated support for ThinkLab, including troubleshooting, issue resolution, and emergency assistance. Support channels and contact procedures are as per the official support section of the website.

Issue Response & Resolution Standards:

1. Response time: Within 30 minutes
2. Troubleshooting start: Within 1 hour
3. Resolution target: 4–6 hours for critical systems, especially billing and core operations

Support Hour

1. Support services are available as defined in the support terms; in critical situations, support may be provided beyond regular hours. (For full details of support terms, response protocols, and contact procedures, visit the Thinkwide’s Terms of Support Page).

(For full details of support terms, response protocols, and contact procedures, visit the Thinkwide’s Terms of Support Page).

Escalation Level	Role	Responsibility	Trigger Point (If unresolved)
Level 1	Support Executive	First point of contact; basic troubleshooting and ticket logging.	Initial contact to 1 hour
Level 2	Technical Lead	Deep-dive technical analysis; database and server-side checks.	2 hours without resolution
Level 3	Senior Technical Head	Infrastructure-level fixes and complex bug resolution.	4 hours (Critical) / 24 hours (Standard)
Level 4	Management Escalation	Strategic oversight, compliance issues, and service recovery updates.	48 hours or Breach of SLA

Critical outages or billing interruptions receive highest priority.

5. Service Level Commitment (SLA)

1. ThinkLab maintains a 99% uptime commitment annually, barring scheduled maintenance.
2. Billing-related issues are treated as Critical Priority (P1) with expedited support.
3. Scheduled maintenance windows will be communicated in advance.

6. Data Retention & Storage Policies

Data Type	Retention Period
Financial Data	Up to 10 Years
Clinical Data	As per subscription & compliance
Reports	Up to 3 Years (Subscription Dependent)
Historical Data	Up to 2 Years (Subscription Dependent)
Activity Logs	Up to 180 Days
Machine Data	Up to 60 Days

Extended storage may require subscription upgrade or additional charges.

7. Exit & Data Handover

Upon termination or expiration of agreements:

1. Data export is available upon written request.
2. Typical export preparation timeline: 7–15 working days
3. Standard export remains in: Excel (.xlxs), CSV, PDF (Reports)

Transition support is provided, advanced migration assistance may incur service charges.

8. Bug Fixes vs. Enhancements

Bug Fixes (Included):

Bug Fixes	Enhancement Requests
System errors	New features
Billing miscalculations	Workflow customizations
Report generation issues	UI changes
Security vulnerabilities	Third-party integrations

*Bug fixing are resolved without additional charges but Enhancement requests may be chargeable.

9. Personal Data Breach & Notifications

In the event of a confirmed personal data breach, Thinkwide will:

1. Notify the Customer promptly
2. Provide cooperation and support to fulfill reporting duties under applicable laws

10. Security Measures & Sub-processors

Thinkwide implements organizational and technical security measures, including access controls, encryption, monitoring systems, security updates, employee training, and secure authentication protocols. Sub-processors may be engaged under strict data protection conditions, and Customers retain the right to object to new sub-processor arrangements.

11. Customer Responsibilities

The Customer is responsible for:

1. Ensuring authorized use of login credentials
2. Maintaining confidentiality of user accounts
3. Verifying correctness of data entered into the system
4. Ensuring adequate internet connectivity and infrastructure at their premises
5. Compliance with applicable regulatory reporting obligations

Thinkwide shall not be liable for issues arising due to Customer-side misuse, unauthorized credential sharing, or infrastructure limitations.

12. Cooperation with Data Subject Rights

Thinkwide will assist Customers in responding to data subject rights requests (access, rectification, erasure, portability etc.) to the extent requested and compliant with applicable law.

13. Liability, Audit, and Legal Terms

Claims related to data protection are subject to limitations in the Principal Agreement. Thinkwide supports audits and may provide summary reports of third-party audit findings as requested under confidentiality constraints.