Data processing agreement

The Article 28 GDPR contract between your store (controller) and Tendr (processor). It forms part of the terms of service.

Subject matter and duration

Tendr processes personal data on behalf of the store to provide the chat, contact capture, tickets, live support and analytics. The processing lasts for as long as the service does, plus the deletion periods indicated below. If you accept the terms on behalf of a company, you declare that you have authority to bind it.

Data and data subjects

Data subjects: the store’s visitors and customers, and members of its team who use the dashboard. Data: conversation text, visitor code, name, email, phone number and other form fields the store configures, ticket data, page visited, language, order number and amount. Processing operations: storing, consulting, sending to the AI provider to generate replies, communicating to the store and deleting. The store must not collect special categories of data through the chat.

What Tendr does

• It processes the data only to provide the service and in accordance with the store’s instructions, which are these terms and the dashboard settings, unless required to do otherwise by law. If it believes an instruction infringes the law, it informs the store.
• It does not use the data for its own purposes or sell it. It does not use it to train its own AI models.
• It requires confidentiality from anyone who accesses the data and applies appropriate security measures: encrypted connections, hashed passwords, encrypted API keys, access control, a log of team actions and masking of emails and phone numbers towards the AI provider.
• It helps the store respond to data subjects’ rights: conversations, contacts and tickets can be consulted, exported and deleted from the dashboard. If a data subject contacts Tendr, it passes the request on to the store.
• It notifies the store without undue delay, and where possible within 48 hours, if it becomes aware of a personal data breach affecting the store’s data, with the information available.
• It assists with data protection impact assessments and consultations with the authority, and provides the information needed to demonstrate compliance, including reasonable audits with 30 days’ notice, by writing to [email protected].

Sub-processors

The store gives general authorisation for these sub-processors. Tendr will give 30 days’ notice by email before adding or changing any of them; if the store objects on reasonable grounds and there is no solution, it can cancel the service.

Important limitation: DeepSeek does not currently offer a data processing agreement, so Tendr cannot pass on to it by contract the obligations in this document. For that reason, the store decides, with this information, whether to use the included AI or its own key from another provider.

International transfers

Using DeepSeek involves sending data to China, with no adequacy decision and no standard contractual clauses. Tendr cannot guarantee a level of protection equivalent to that of the EU for those transfers and the only measure it applies is the automatic masking of emails and phone numbers; names, addresses and other free text are sent. As controller, the store must assess whether this is acceptable for its case. Anyone who does not accept it must configure another provider in the assistant settings, in the dashboard. Transfers to the other sub-processors rely on the EU-US Data Privacy Framework or on the standard contractual clauses in their terms.

End of processing

The store can export its data at any time. When a store is disconnected, its data is deleted after 30 days; when the account is deleted, immediately. Conversations, contacts and tickets are also deleted 24 months after the last activity. Tendr keeps only what the law requires it to keep.

What your store must do

• State in its privacy policy that it uses an AI chat, that Tendr is its processor and that data is sent to Tendr’s sub-processors, including China if it uses the included AI.
• Provide information about the tendr_conv cookie and the chat’s storage, and ask for consent where the rules applicable to it so require.
• Have a legal basis for the data it requests in forms and respond to its visitors’ rights.
• Not configure the assistant to hide that it is an AI.