Data Processing Addendum

1. Definitions

"Data Protection Law" means all laws that apply to the processing of Personal Data under the Terms, including the EU GDPR, the UK GDPR and Data Protection Act 2018, the Swiss FADP and the CCPA/CPRA. "Personal Data", "Controller", "Processor", "Data Subject", "Processing" and "Supervisory Authority" have the meanings given in the GDPR. "Customer Personal Data" means Personal Data that Baloka processes on Customer's behalf in providing the Service. "Sub-processor" means a third party engaged by Baloka to process Customer Personal Data.

2. Roles and scope

3. Customer instructions

Baloka processes Customer Personal Data only on Customer's documented instructions. The Terms, this DPA and Customer's use and configuration of the Service are those instructions. If Baloka believes an instruction breaks Data Protection Law, it will tell Customer. If the law requires Baloka to process data in another way, Baloka will tell Customer first, unless the law forbids it.

Customer is responsible for the lawfulness of the Customer Personal Data it provides, including having a lawful basis and giving any notices that are required, and for sending to the Service only the data needed to personalize images.

4. Confidentiality

Baloka ensures that everyone it authorizes to process Customer Personal Data is bound by confidentiality obligations.

5. Security

Baloka implements the technical and organizational measures in Annex 2, taking into account the state of the art, the cost of implementation and the risks of the processing. Baloka may update these measures if the overall level of protection doesn't decrease.

6. Sub-processors

7. Data subject requests and assistance

Taking into account the nature of the processing, Baloka will help Customer respond to Data Subjects' requests to exercise their rights. If Baloka receives a request directly, it will pass it to Customer and won't respond itself, unless Customer authorizes it to. Baloka will also give reasonable help with data protection impact assessments and prior consultations with Supervisory Authorities.

8. Personal data breaches

Baloka will notify Customer without undue delay, and in any event within 72 hours, after it becomes aware of a Personal Data breach affecting Customer Personal Data. The notice will include the information Customer reasonably needs to meet its own notification obligations. Baloka will take reasonable steps to contain and fix the breach.

9. Deletion and return

When the Service ends, Baloka will delete Customer Personal Data within 30 days, and it will leave backups within a further 30 days, unless the law requires Baloka to keep it. Before the Service ends, Customer can export its templates and content from the Service, or ask us for help.

10. Audits

Baloka will make available the information reasonably needed to show compliance with this DPA, for example written answers to security questionnaires and Sub-processors' certifications. If that isn't enough, or a Supervisory Authority requires it, Customer may audit once a year. Customer must give 30 days' notice, the audit must take place during business hours, it must be under confidentiality, and it is at Customer's cost.

11. International transfers

Where Customer Personal Data is transferred from the EEA, the UK or Switzerland to a country without an adequacy decision, the parties agree to the Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914). Module 2 applies where Customer is a Controller, and Module 3 where Customer is a Processor. The SCCs are incorporated by reference with these choices:

For UK transfers, the UK International Data Transfer Addendum (version B1.0) applies, with the tables completed by the information above. For Swiss transfers, references to the GDPR are read as references to the FADP, and the Swiss FDPIC is the competent authority where the FADP applies. Where a recipient is certified under the EU–US Data Privacy Framework (or its UK or Swiss extensions), Baloka may rely on that certification instead.

12. General

If this DPA conflicts with the Terms, this DPA prevails on data protection matters. If the SCCs conflict with this DPA, the SCCs prevail. The limitations of liability in the Terms apply to this DPA as far as Data Protection Law allows.

Annex 1: Details of processing

Data exporterCustomer, as identified by its Piksio account. Customer's activity is using a personalized-image service.
Data importerBaloka, 572 Saw Mill Brook Parkway, Newton, MA 02459, USA, hello@piksio.com. Baloka's activity is providing the Piksio service.
Data subjectsCustomer's email recipients, leads, contacts and customers whose data Customer puts into personalized images.
Categories of dataWhatever Customer chooses to put in image URLs or templates. Typically first name, company name, company domain or logo, and other non-sensitive merge fields. Also technical request data such as a hashed IP address and a coarse client type.
Sensitive dataNone. Customer must not send special category data (Terms §6).
FrequencyContinuous, each time a personalized image is requested.
Nature and purposeReceiving personalization values, rendering images, caching rendered images, counting views for billing and rate limiting, and logging errors.
RetentionPersonalization values are used transiently to render. Our records keep only a hash of them. Rendered images are kept until Customer deletes the template or account. See also section 9.
Competent supervisory authorityThe authority determined under Clause 13 of the SCCs.

Annex 2: Technical and organizational measures

Annex 3: Sub-processors

These Sub-processors may process Customer Personal Data:

Sub-processorPurposeLocation
Vercel Inc.Hosting and rendering personalized imagesUSA / global edge
Supabase Inc.Database (templates and hashed view records)USA (us-east-1)
Cloudflare Inc. (R2)Storage of rendered images and uploadsGlobal
fal.aiAI artwork generation and edits, only where Customer uses those template-creation featuresUSA
OpenRouter Inc.AI text features, only where Customer uses themUSA
Brandfetch, Context.devLogo lookup when Customer passes a company domainEU / USA
DuckDuckGoFallback website-icon lookup when Customer passes a company domainUSA
Google LLC (Maps Platform)Map images, only where Customer uses map layers (receives the location or address the map shows)Global

Providers that process only Baloka's own account and billing data, such as Stripe and Resend, are listed in the Privacy Policy.