Data Processing Agreement

April 2024


This Data Processing Agreement (hereinafter referred to as the "DPA") applies to business relations between RINGO (trading as MODJO), a société par actions simplifiée (simplified joint stock company) with capital of 38.666.31 euros, registered in the Nanterre Trade and Companies Register under number 879 606 283, and whose registered office is located at 59, avenue Sainte-Foy - 92200 Neuilly-sur-Seine, France (hereinafter "RINGO") and its Customer (hereinafter the "Client") as identified in the Order Form.


In the context of the performance of the Order Form(s) and the attached Modjo General Terms and Conditions of Sales (T&Cs) concluded between RINGO and the Client, the Client, in its capacity as Controller, entrusts RINGO, in its capacity as Processor, with the processing of Personal Data.

This Data Protection Agreement is an integral part of the Modjo General Terms and Conditions of Sales. 

The Parties intend to comply with all applicable regulations regarding the Processing of Personal Data, and in particular the Law n°78-17 of January 6, 1978 (known as "Informatique et Libertés") as amended and the General Regulation on the Protection of Personal Data n°2016-679 dated April 27, 2016 ("GDPR").

The Parties have agreed to this Agreement in order to comply with the provisions of Article 28, in particular paragraphs 3 and 4, of the GDPR. This Agreement applies to the processing of personal data as specified in Article 1. 

It is expressly agreed that the terms used in this Agreement with a capital letter (e.g. Controller, Personal Data, Service...) correspond to the definitions contained in the GDPR and in the T&Cs. This Agreement shall be read and interpreted in light of the provisions of the GDPR. 

It is agreed as follows:

  1. Description of the processings

The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal is processed on behalf of the Client, in its quality of Controller, are :  

  • Categories of data subjects whose perosnal data is processed : the Client's staff and employees using the services provided by RINGO as well as the Client's contacts, prospects and customers. 
  • Categories of personal data processed : data related to the identification of the data subjects (name, surname, contact details and email), data related to the phone call and video conference recordings, data related to the use of the Service such as comments, reviews, translations and intelligent summaries and scoring made on the services, data related to the emails exchanged between the data subjects, data related to meeting reminder e-mail and data related to the networks.
  • Purpose of the processing: the provision by RINGO of the services agreed with the Client, and their use by the Client, in accordance with the Purchase Order(s) and the attached GTC concluded between RINGO and the Client.  
  • Nature of the processing: the collection and analysis of data, including Personal Data, on behalf of the Client.
  • Purposes of processing: the provision by RINGO, on behalf of the Customer, of the Service, principally the collection, recording and analysis of recordings of telephone calls, videoconferences and e-mails and the filling of customer relationship management software, as well as assistance, back-up, security and maintenance services related to the Service.
  • Duration of the processing : Personal Data is processed by RINGO for the duration of the contractual relationship of the Client, logs are kept for a period of one (1) year. When the AI Assistant feature is activated by the Client, data is retained by Open AI for a maximum of 30 days for the purpose of content moderation and abuse prevention. 
  1. Instructions

RINGO will only process personal data on the documented instruction of the Client and in accordance with the above provisions, unless it is required to do so under Union law or the law of the Member State to which it is subject. In this case, RINGO will inform the Client of this legal obligation prior to processing, unless it is prohibited by law on important grounds of public interest. Instructions may also be given subsequently by the Client throughout the processing of the personal data. These instructions must always be documented.

If RINGO believes that an instruction from the Client constitutes a violation of the applicable regulations on the protection of personal data, it will immediately inform the Client. RINGO is in no way responsible for the Client's instructions and decisions and their possible consequences.

The provisions of this Contract, as well as the activation by the Client, its Administrators or Users of the translation and AI Assistant features constitute documented instructions from the Client to RINGO. 

  1. Purpose limitation

RINGO shall process the Personal Data only for the purposes of the processing, as set out in Article 1, unless it receives further instructions from the Client. 

  1. Duration of the processing of personal data

RINGO will only process personal data for the period defined in Article 1 of this contract, unless RINGO receives other documented instructions from the Client. 

  1. Security of processing

RINGO undertakes to put in place appropriate technical and organisational security measures to ensure the security of the Personal Data it processes against any destruction, loss, alteration, unauthorised disclosure of, or access to, or any other form of unauthorised processing. In assessing the appropriate level of security, RINGO takes due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.

A description of these measures has been drawn up by RINGO in accordance with Article 32 of the GDPR and is available upon written request.

When the AI Assistant functionality is activated by the Customer, he accepts that the security measures implemented are those of the OpenAI security policy. 

RINGO grants access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring the Service. RINGO ensures that persons authorised to process the personal data received are under an appropriate contractual obligation of confidentiality. 

  1. Documentation and compliance 

RINGO shall make available to the Client all information necessary to demonstrate compliance with the obligations that are set out in this Contract and stem directly from GDPR.

At the request of the Client, RINGO shall also permit and contribute to audits of the processing activities covered by this Contract, at reasonable intervals or if there are indications of non-compliance. 

The reasonable intervals mean that an audit may be carried out at the rate of one (1) time per calendar year, and with sixty (60) days' written notice to RINGO.  

This audit must be conducted in a manner that respects the security and confidentiality of RINGO's documentation and procedures. It will last no more than one (1) day and will be held during normal business hours at RINGO's location.

The Controller may decide to carry out the audit itself or to appoint an independent auditor, chosen by mutual agreement between the parties and subject to an obligation of confidentiality. 

Notwithstanding anything to the contrary, Client shall be responsible for all costs and/or expenses incurred as a result of such visit.     

The parties shall make available to the competent supervisory authority(ies), upon request, the information set forth in this clause, including the results of any audit.

  1. Use of sub-processors

RINGO has the Client’s general authorisation for the engagement of sub-processors enumerated in the agreed list (Annex 1).  

RINGO undertakes to provide an updated list of its subcontractors and their processing activities upon request by the Client.

RINGO shall inform the Client of any intended changes of that list through the addition or replacement of sub-processors at least eight (8) days prior to the addition or the replacement date of the concerned sub-processor.

The Client may object to RINGO use of a new sub-processor by notifying RINGO promptly in writing (e.g., via email) and before the addition or the replacement date of the concerned sub-processor. In the event the Client objects, RINGO will use reasonable efforts to make available to the Client a change in the Service or recommend a commercially reasonable change to Client’s configuration or use of the Service to avoid process of Personal Data by the objected-to new sub-processor If RINGO is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, the Client may terminate the applicable Order Form with respect only to those services which cannot be provided by RINGO without the use of the objected-to new sub-processor by providing written notice to RINGO, with return receipt requested.

The absence of Client’s objections will be deemed as the Client’s acceptance of the changes affecting the sub-processors list.  

Where RINGO engages a sub-processor for carrying out specific processing activities on behalf of the Client, the sub-processor of RINGO is obliged to fulfil, in substance, the same data protection obligations as the ones imposed on RINGO in accordance with this Contract It is the responsibility of RINGO to ensure that the sub-processor presents sufficient guarantees as to the implementation of appropriate technical and organisational measures so that the processing meets the requirements of GDPR.  

RINGO remains fully responsible to the Client for the performance by its sub-processors of its obligations.

Some sub-processors only process Client data when the feature for which they are acting is activated by the Administrator or the Client's User.  

Thus, the sub-processor OpenAI processes Client data only when the Administrator has activated the AI Assistant . When this feature is enabled, OpenAI will process Client data for the provision of intelligent summaries, chapters and scoring.   

Similarly, the sub-processor Deepl only processes Customer data when the User activates the translation feature for a specific record. When this feature is activated, Deepl will process the Client's data related to this record in order to provide a translation.

  1. Assistance to the Client 

The Client shall inform Data Subjects of the processing of their data and of their rights under the “Loi Informatique et Libertés” and GDPR (rights of access, information, opposition, etc.). In particular, the Client must inform its own employees and their correspondents of the recording of their telephone and video conversation and of the fact that they can at any time object to such recording. RINGO may not be held responsible for this obligation under any circumstances. 

RINGO will notify the Client without delay of any request, including the exercise of rights, that it receives from the Data Subject. The Client undertakes to respond to requests from the Data Subject within one (1) month.

RINGO shall promptly notify the Client of any request it has received from the data subject. The Client undertakes to respond to requests from Data Subjects within one (1) month.  

As a Processor, RINGO shall assist the Client in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing and the Client’s instructions. RINGO shall also assist the Client in ensuring its compliance with its following obligations, taking into account the nature of the data processing and the information available to RINGO :  

  • the obligation to carry out an assessment of the impact of proposed processing operations on the protection of personal data ("data protection impact assessment") where a type of processing is likely to present a high risk to the rights and freedoms of natural persons and, where appropriate, the obligation to consult the competent supervisory authority prior to processing
  • the obligations set out in Article 32 of the GDPR. 
  1. Inspections, controls or audits by public authorities

In the event of an inspection, control or audit by a public authority, including a Control Authority, each Party undertakes to provide all necessary assistance to the other.

If the public authority considers that the processing carried out violates the applicable regulations on the protection of Personal Data, the Parties undertake to communicate and take the necessary measures immediately to remedy the violation.

  1. Notification of Personal Data Breaches

In the event of a personal data breach, RINGO shall cooperate with and assist the Client in complying with the Client's obligations under Articles 33 and 34 of the GDPR, taking into account the nature of the processing and the information available to RINGO.

In the event of a breach of personal data not caused by the Client, RINGO undertakes to take immediate remedial action.

RINGO shall notify the Client of any breach as soon as possible after its discovery, by e-mail addressed to the Client. 

Such notification shall contain all relevant information about the breach, in order to enable the Client, if necessary, to notify the relevant Supervisory Authority and/or the data subjects of the breach, in accordance with its obligations as a Controller.

The Parties undertake to cooperate fully to bring the breach to an end as soon as possible.

  1. Storage of Data inside the European Union and international transfers

Personal data processed by RINGO on behalf of the Client and RINGO’s websites and databases are hosted by Amazon Web Services on servers located in the European Economic Area (“EEA”).

Any transfer of data to a third country or an international organisation by RINGO shall be done only on the basis of this Contract or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of GDPR.

Prior to a transfer authorised by the Client, RINGO undertakes to put in place the necessary measures to ensure that the recipient located in the country outside the European Economic Area presents an adequate level of protection. When the Client has activated the AI Assistant feature, the Client agrees to the processing of its data by OpenAI in accordance with its processing terms and to the transfer of its data to the United States in accordance with the standard contractual clauses adopted by the European Commission.   

RINGO might transfer personal data to the permitted sub-processors identified in Annex 1 “List of Permitted sub-processor”. Such sub-processors might be located outside the European Union. In such a case, RINGO makes sure the sub-processor can ensure compliance with Chapter V of GDPR by presenting an adequate level of protection, such as using standard contractual clauses adopted by the Commissions or approved BCR.   

A complete list and information on our subsequent subcontractors is provided in Appendix 1.

  1. Changes and updates

RINGO reserves the right to modify this PAD at any time. Customer will be notified of such changes by email (sent to the Modjo Administrator's email address) or at or on the Modjo conversational analytics business platform, as RINGO may decide.

Except for the use of sub-processors, as stated in Article 7 of this DPA, changes to this DPA will apply to the Client, even if it has registered before the change, eight (8) days after the information has been given to them. In the event the updated DPA would be of material detriment to the Client and the change is not required by applicable laws, regulations, directive, guidance or decision of an european data protection authority or a court order, the Client informs RINGO of the Client’s objection and its reason within eight (8) days of the information. If the Parties cannot reach an agreement within thirty (30) days following the receipt of the Client’s objection, the Client may terminate the Service affected by the change without penalty by written notice to RINGO. Any use of the Service after the information of the Client will be deemed as the Client’s acceptance of the updated DPA.  

  1. Fate of data after the termination of the contract

Following termination of the Contract, the Client will have a period of one (1) month to request in writing the return, in a raw file format and under its own responsibility, of its recordings; failing such a request within this period, RINGO may proceed with the definitive destruction of all data, including logs and back-ups.

  1. Data Protection Officer

RINGO has a Data Protection Officer who might be contacted by email at

  1. Regcord of Processing Activities

RINGO undertakes to keep an up-to-date Register of processing activities carried out in its capacity as a Subcontractor and including the following:

  • the name and contact details of the Data Controller, any sub-processors and the Data Protection Officer
  • the categories of Processing carried out on behalf of the Data Controller
  • the possible transfers of personal data to countries outside the European Union and the elements attesting to the existence of appropriate guarantees
  • a general description of the technical and organizational security measures in place
  1. RINGO's responsibilities

During the term of the Contract between RINGO and the Client : 

  • RINGO guarantees the confidentiality of the Personal Data processed in its capacity as a Processor and ensures that the members of its staff who are authorised to process the Personal Data respect this principle of confidentiality and have received the necessary training in this regard
  • RINGO undertakes to take into account the principle of protection of Personal Data by design and by default, with regard to the tools, products, applications or services it uses.
  1. Client's responsibilities  

The Client undertakes to collect and process Personal Data in compliance with applicable data protection and labour regulations, in particular regarding the methods, basis and purposes of the processing, the duration of retention of Personal Data,the rights of the Data Subjects and the information given to them.  

In particular, the Client undertakes to comply with all regulations and obligations applicable to the Processing of employees’ data and to the processing of special categories of Personal Data (such as health data, religious beliefs, sexual orientation, etc.) and to carry out, prior to their Processing, the necessary verifications, studies and impact analyses, to inform Data Subjects according to articles 12, 13 and 14 of GDPR and to obtain, where applicable, the consent of the Data Subjects with regard to the collection and processing of their personal data and, in particular, the recording of their voice.

The Client undertakes to provide RINGO with all information necessary to carry out the intended processing activities in compliance with the applicable regulations and to document any instructions regarding the processing.

The Client undertakes to provide to RINGO the Personal Data identified in Article 1 of this Contract and to guarantee the lawfulness and the accuracy of the data. The Client also undertakes to ensure the effectiveness of the rights of the Data Subjects.  

The Client indemnifies RINGO against any claim or action in this respect.

The Client undertakes to supervise the Processing, including carrying out at its own expense the necessary audits and inspections of RINGO or to ensure at its own expense the conduct or defence of the interests of the parties in the context of any action, procedure or control.

Download the contract:
Download PDF