# Data processing agreement and subprocessors

This agreement forms part of the [terms of sale](https://lovelyrender.com/legal/terms-of-sale/). As required by article 28 of the GDPR, it sets out Lovely Render’s commitments when it processes personal data on behalf of a client (the “Client”). It lists Lovely Render’s subprocessors.

## Article 1. Roles

For the data of its Site’s visitors, the Client is the controller and Lovely Render is its processor. Lovely Render processes this data only to provide the Service.

Lovely Render also processes, on its own behalf, the IP addresses of the visitors to the sites it hosts, for the security of the platform. It also processes, on its own behalf, the data of the accounts and of the Client. These processing operations are described in the [Privacy policy](https://lovelyrender.com/legal/privacy-policy/) and are not covered by this agreement.

## Article 2. The processing

|  | Description |
| --- | --- |
| **Subject matter** | Hosting, backing up and running the Client’s Site: audience measurement, receiving and storing form responses, sending the Site’s emails, exporting the Site. |
| **Duration** | The duration of the contract, including the transition period, then the 30-day recovery period of the Terms of Sale. Backups are erased at the end of their retention period (article 12 of the Terms of Sale). |
| **Data subjects** | The Site’s visitors, the people who fill in its forms and the recipients of the emails it sends. |
| **Data** | Visit data (page views, source, country, browser, operating system, IP address, measurement cookie identifier); what the Site’s forms ask for; proofs of consent and acceptance; recipients’ email addresses; the personal data the Client publishes in its content or receives in comments. |
| **Sensitive data** | The Client collects health data, opinions or other data under article 9 of the GDPR only if its activity requires it, and it is responsible for it. |

### 2.1. Retention periods

The Service keeps the Site’s data for the following periods, then deletes it automatically.

| Data | Duration |
| --- | --- |
| Visit measurements | 37 months. The link between a visit and the IP address is cut after 30 days. The measurement cookie identifier is erased 25 months after the first visit. |
| Visits excluded from statistics (bots, suspicious addresses) | 30 days |
| Form responses | 13 months, unless a longer period is agreed in writing with the Client |
| Proofs of consent and of responses sent to a third-party tool | 3 years and never less than the responses |
| Proofs of acceptance of the Site’s legal documents | 10 years and never less than the responses |
| Site history | 12 months |
| Log of emails sent by the Site | 30 days |
| Export archive | 7 days |
| Other technical logs | 90 days at most |

## Article 3. Lovely Render’s commitments

- Lovely Render processes the data on the Client’s instructions. The Terms of Sale, this agreement and the settings the Client makes on its Site are these instructions. If an instruction seems to it to infringe the GDPR, Lovely Render informs the Client.
- The team members who access the data are bound by confidentiality. They access a Site only to provide the Service or at the Client’s request.
- Lovely Render applies the security measures of article 5.
- Lovely Render helps the Client respond to people who exercise their rights. It forwards to the Client within 5 working days any request it receives for the Client’s Site. The Client exports form responses and deletes one from the Site’s administration.
- Lovely Render assists the Client, on request, with its impact assessments and with the security of the processing.
- Lovely Render informs the Client of any data breach affecting its Site within 48 hours of becoming aware of it, with what it knows of its nature, its consequences and the measures taken.
- Lovely Render makes available to the Client the information that demonstrates compliance with this agreement. The Client may have an audit carried out once a year, at its own expense, with 30 days’ notice, by an auditor bound by confidentiality.

## Article 4. The Client’s commitments

- The Client has a legal basis for each processing operation it carries out with its Site and informs its visitors. For this, it can use the **Legal documents** type and the **Cookie table** block.
- The Client sets up its Site in line with its obligations, in particular the consent banner when it activates a tool that requires one.
- The Client is responsible for the third-party services it connects to its Site (article 7).

## Article 5. Security measures

- Each Site is separated from the others, with its own data.
- Staging, where members work, is separated from Production, which visitors see.
- Exchanges, form responses and account names are encrypted.
- Passwords are stored in a form that does not allow them to be recovered. A login from an unknown device requires a second step.
- An address that attacks one site is blocked on all sites.
- Sites are backed up every night, in France, in encrypted form, for the retention period of article 12 of the Terms of Sale.
- Each Site’s history keeps 12 months of its actions, with their author.

## Article 6. Lovely Render’s subprocessors

The Client authorizes Lovely Render to use the subprocessors on the list. Lovely Render imposes on them by contract data protection obligations equivalent to those of this agreement and is responsible for their compliance.

| Subprocessor | Service | Data location |
| --- | --- | --- |
| OVH SAS, Roubaix | Rental of the dedicated server that hosts the Service and the Sites, and of the backup servers. The team’s email, which receives the Sites’ technical notices. Lovely Render encrypts backups before sending them: OVH cannot read them. | France |

Sites send their emails and serve their fonts without a provider: no visitor data leaves for this.

Lovely Render informs the Client by email at least 30 days before adding or replacing a subprocessor. The Client may object during this period. If the Client objects on grounds relating to data protection and Lovely Render maintains its choice, the Client may terminate at no cost and is refunded the full months remaining.

No subprocessor of Lovely Render processes Client data outside the European Union.

## Article 7. Services the Client connects

These services are not subprocessors of Lovely Render. The Client chooses them, activates them and is responsible for their use:

- Google Search Console and Bing Webmaster Tools, which receive the Site’s address and return its search figures;
- the tool that receives its form requests by webhook, at the address it provides;
- the AI assistant a member authorizes, which reads what the rights granted give it access to;
- content embedded with the Embed block (a YouTube video, a Google Maps map…), which the visitor’s browser loads from its provider;
- the Pexels image library, whose thumbnails are displayed in the browser of the member searching for a photo.

## Article 8. End of processing

At the end of the contract, the Client retrieves its data with the export provided for in the Terms of Sale, during the 30-day recovery period. The Service then erases the Site, its data and its files. Backups are erased at the end of their retention period. Lovely Render confirms the erasure to the Client on request.