Data & Privacy Policies

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This Data Processing Agreement ("DPA") is entered into between Ortuas LLC ("Processor") and the client ("Controller") and forms part of the Terms of Service between the parties.

1. Definitions

• "Personal Data" means any information relating to an identified or identifiable natural person.
• "Processing" means any operation performed on personal data.
• "Controller" means the client who determines the purposes and means of processing.
• "Processor" means Ortuas, which processes personal data on behalf of the Controller.
• "Sub-processor" means any third party engaged by Ortuas to process personal data.
• "Data Subject" means the individual whose personal data is being processed.

2. Scope and Purpose

Ortuas processes personal data solely for the purpose of providing the Services described in the Terms of Service, including operating AI voice agents, managing appointment scheduling, and delivering SMS and call automation on behalf of the client.

3. Client Obligations

As the Controller, the client agrees to:

• Ensure that all personal data provided to Ortuas has been collected lawfully
• Provide Ortuas with all information necessary to fulfill data subject rights requests
• Notify Ortuas immediately of any data subject rights requests or regulatory inquiries
• Comply with all applicable data protection laws

4. Ortuas Obligations

As the Processor, Ortuas agrees to:

• Process personal data only on the documented instructions of the client
• Ensure all personnel with access to personal data are bound by confidentiality obligations
• Implement appropriate technical and organizational security measures
• Notify the client without undue delay (no later than 72 hours) upon becoming aware of a data breach
• Assist the client in responding to data subject rights requests
• Delete or return all personal data upon termination of the Services

5. Sub-processors

Ortuas currently uses the following categories of sub-processors:

• CRM and Workflow Automation: GoHighLevel (GHL)
• Analytics: Google Analytics
• Advertising: Google Ads
• Communication Infrastructure: Twilio (SMS and voice)
• AI Voice Processing: Third-party AI voice providers integrated via GHL

Ortuas will notify the client of any material changes to its sub-processor list. The client may object within 14 days.

6. International Data Transfers

If personal data is transferred outside of the EEA or the United Kingdom, Ortuas will ensure compliance through Standard Contractual Clauses (SCCs) or other approved transfer mechanisms.

7. Data Subject Rights

Ortuas will assist the client in fulfilling data subject rights requests under GDPR, CCPA, and applicable state privacy laws, including:

• Right of access
• Right to rectification
• Right to erasure ("right to be forgotten")
• Right to data portability
• Right to object to processing
• Right to opt out of sale or sharing of personal data

8. Security Measures

• Encryption of data in transit using TLS 1.2 or higher
• Access controls limiting data access to authorized personnel only
• Regular security assessments and vulnerability testing
• Incident response procedures including breach notification protocols

9. HIPAA

For clients in healthcare, Ortuas is available to execute a separate Business Associate Agreement (BAA). This DPA does not constitute a BAA. Contact admin@ortuas.com.

10. Term and Termination

This DPA remains in effect for the duration of the Terms of Service. Upon termination, Ortuas will delete or return all personal data within 30 days.

This Service Level Agreement ("SLA") describes the service availability commitments Ortuas LLC makes to its customers and the remedies available in the event those commitments are not met.

1. Service Availability Commitment

Ortuas commits to maintaining platform availability of 99.5% uptime per calendar month, excluding scheduled maintenance and force majeure.

Uptime % = ((Total minutes in month − Downtime minutes) / Total minutes in month) × 100

Downtime is defined as a period during which the platform is completely unavailable. Partial degradation of non-critical features does not constitute downtime.

2. Scheduled Maintenance

Scheduled maintenance is typically performed between 2:00 AM and 5:00 AM Central Time with at least 24 hours advance notice. Scheduled maintenance is excluded from uptime calculations.

3. Incident Response Times

4. Exclusions

• Scheduled maintenance windows
• Force majeure events
• Third-party service outages outside Ortuas's control
• Customer-caused issues including misconfiguration
• Internet or network outages outside of Ortuas's infrastructure

5. Service Credits

If Ortuas fails to meet the 99.5% uptime commitment:

Service credits are applied to the next billing cycle. Credits do not apply to free trial periods or setup fees. Submit requests to admin@ortuas.com within 14 days.

6. Support

• Email: admin@ortuas.com (response within 1 business day)
• Phone: (830) 360-9929 (Monday–Friday, 9 AM–6 PM Central Time)