Data Processing Agreement

The Processor is Jovytensor Pty Ltd, a private limited company registered in Australia, directed by Olivia Ryan. The Controller is the B2B client engaging Jovytensor for professional mixing, mastering, or related audio services. The purpose of this agreement is to govern the processing of the Controller's audio materials (stems, mixes, masters) for the delivery of agreed services.

Processing includes any files, data, or metadata that the Controller forwards to the Processor for the completion of the contracted services. The Processor will retain such data for the duration of the service period plus an additional six months for archival purposes, in accordance with the rules in the passport. The agreement commences on the date of the first file transfer and continues until the final deliverable is delivered and the retention period lapses.

Data processed consists of audio files (WAV, AIFF, MP3), associated project files, and any metadata (e.g., track names, stem labels). The subjects of the data are the individuals or entities who own or control the audio content, and any performers or contributors whose performances are recorded in the material.

The Processor shall:

• Process the data only on documented instructions from the Controller, including any lawful requests for deletion or return.
• Ensure confidentiality and that only authorized staff have access.
• Implement the security measures outlined in section 6.
• Assist the Controller in complying with privacy and consumer law obligations, see the Privacy Policy, section 2.

Micron 21 Pty Ltd, the hosting provider, and FormSubmit, the form handling service, are engaged as subcontractors. The Processor will:

• Ensure each subcontractor signs a written data processing agreement incorporating at least the same obligations.
• Maintain oversight and audit rights over the subcontractors' processing activities.
• Require subcontractors to adopt the Processor’s security standards.

The Processor employs:

• Physical security for the control room and data centres, including access controls and CCTV.
• Encryption of data in transit using TLS 1.2+ and at rest with AES‑256.
• Regular vulnerability scans and penetration tests.
• Secure backup procedures and disaster recovery plans.

In the event of a data breach or other security incident, the Processor will notify the Controller without undue delay, but no later than 72 hours after becoming aware of the incident. Notification will include the nature of the breach, data affected, and remedial actions taken.

Upon termination of the agreement or completion of services, the Processor will:

• Return or securely delete all Controller data in accordance with the retention schedule.
• Provide the Controller with a written statement confirming deletion.
• Allow the Controller to audit the Processor’s data handling practices, subject to reasonable notice and confidentiality provisions.

This agreement is governed by the laws of Queensland, Australia. Any disputes shall be resolved under the exclusive jurisdiction of the courts in Brisbane, Queensland. The Processor acknowledges that the Office of the Australian Information Commissioner (OAIC) is the regulatory authority for privacy matters. For definitions of terms, see the Terms and Conditions, section 3.

Jovytensor Pty Ltd
142 Queen Street, Brisbane QLD 4000
Tel: (07) 3388 4743
Email: [email protected]