Data Processing Agreement

This is a schedule to, and forms part of, our Tutor Terms and Conditions.

1. Roles of the parties

For the purposes of UK GDPR, in respect of Pupil Personal Data (defined below), the Tutor is the data controller and Tutinama is the data processor. Tutinama processes Pupil Personal Data only on the Tutor's documented instructions, which are given by the Tutor's use of the platform's ordinary functionality, as supplemented by any specific written instruction.

“Pupil Personal Data” means any personal data relating to a pupil that the Tutor submits to, or generates via, the Tutinama platform, including username, academic context, session records, and wellbeing notes.

2. Tutinama's obligations as processor

• Process Pupil Personal Data only on the Tutor's documented instructions, including in relation to international transfers, unless required to do otherwise by UK law (in which case Tutinama will inform the Tutor before processing, unless prohibited from doing so).
• Ensure that anyone authorised to process Pupil Personal Data is subject to a duty of confidentiality.
• Implement appropriate technical and organisational security measures, as described in Clause 5.
• Not engage another processor (sub-processor) without the Tutor's general or specific authorisation, as set out in Clause 6.
• Assist the Tutor, at the Tutor's reasonable cost, in responding to requests from pupils or guardians to exercise their data protection rights.
• Assist the Tutor in meeting its obligations relating to the security of processing, breach notification, and, where relevant, data protection impact assessments.
• At the Tutor's choice, delete or return all Pupil Personal Data at the end of the relationship, except where UK law requires Tutinama to retain it.
• Make available to the Tutor the information reasonably necessary to demonstrate compliance with this Clause 2, and allow for and contribute to reasonable audits.

3. Tutor's obligations as controller

• Ensure it has a valid lawful basis for the collection and processing of Pupil Personal Data, including any consent or notice required in respect of a pupil's guardian.
• Provide Tutinama with instructions for processing that are lawful and do not place Tutinama in breach of applicable data protection law.
• Only submit Pupil Personal Data that is accurate and, where the data minimisation design of the platform depends on it (for example, the use of pseudonymised usernames), submitted in the correct fields.

4. Breach notification

Tutinama will notify the Tutor without undue delay after becoming aware of a personal data breach affecting Pupil Personal Data, providing the information reasonably necessary for the Tutor to meet its own notification obligations.

5. Security measures

Tutinama maintains the following measures, appropriate to the nature of the data processed:

• Encryption at rest of wellbeing notes, using AES-256-GCM.
• Database hosting within the EU, with access controls limiting data visibility to authorised personnel.
• Row-level security controls ensuring a Tutor can only access their own pupils' data.
• Conversation content held client-side only during a session and not persisted server-side beyond the generated summary.

6. Sub-processors

The Tutor authorises Tutinama to engage the following sub-processors, and any others Tutinama notifies the Tutor of in advance, giving the Tutor a reasonable opportunity to object on legitimate data protection grounds:

7. International transfers

Anthropic, Vercel, and Resend process Pupil Personal Data outside the UK. Where this happens, Tutinama relies on the EU Standard Contractual Clauses, supplemented by the UK International Data Transfer Addendum, as the transfer mechanism recognised under UK GDPR Chapter V.

8. Retention and deletion

Tutinama's default retention period, as set out in the Privacy Policy, is 12 months following account closure or a pupil leaving, applying equally to standard session and progress data and to wellbeing notes (including any flagged as a safeguarding concern). A Tutor may instruct Tutinama to delete a specific pupil's data sooner at any time.

9. Liability

Liability under this DPA is subject to the liability cap set out in Clause 9 of the Tutor Terms and Conditions.