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Data processing agreement

Version of 18 September 2026; model list in Annex 1 updated 25 September 2026; Annex 2 corrected 2 October 2026; sections 4 and 11 updated 5 October 2026 (connected services); sections 2, 3, 4, 11 and Annex 2 updated 6 October 2026 (shared page, booking confirmation); Annex 2 updated 7 October 2026 (Wix connection); sections 2, 3, 4, 7, 11 and 12 and Annexes 1 and 2 updated 8 October 2026 (Workshop; where conversations came from; question bar; AI assistants); sections 8 and 11 and Annexes 1 and 2 updated 10 October 2026 (Shopify app); section 4 updated 12 October 2026 (connected services: n8n); section 4 updated 14 October 2026 (connected services: unanswered questions, enquiry search, draft answers); section 3 updated 15 October 2026 (AI-agent note); sections 3 and 4 updated 15 October 2026 (AI agents); sections 2, 3, 4 and 11 and Annex 2 updated 17 October 2026 (orders after a chat); section 11 and Annex 1 updated 18 October 2026 (product suggestions); section 2 updated 18 October 2026 (the page a question is asked from); Annex 2 updated 18 October 2026 (chat continues across pages); section 3 updated 18 October 2026 (payments after a chat); sections 1 and 13 updated 19 October 2026 (postal address, German version); Annex 1 updated 28 October 2026 (Amazon Bedrock for Anthropic's models from 1 December 2026); section 3 and Annex 1 updated 28 October 2026 (answers by email); section 4 updated 30 October 2026 (newsletter box). This agreement under Art. 28 GDPR forms part of the terms of service. It governs the personal data of your website visitors that Hazelchat processes on your behalf.

1. Parties and roles

The customer who holds the Hazelchat account is the controller. Jan-Philipp Peters, sole trader, Prenzlauer Allee 173, 10409 Berlin, Germany (“Hazelchat”) is the processor. Account data of the customer itself (email address, credentials, workspace settings) is processed by Hazelchat as an independent controller and is covered by the privacy notice, not by this agreement.

2. Subject matter, duration, nature and purpose

Hazelchat operates a chat that the controller installs on its verified website and, if the controller switches it on, offers on a page hosted by Hazelchat at chat.hazelchat.co that names that verified website. On the controller's behalf, Hazelchat stores visitor conversations and any enquiries, retrieves passages from the controller's approved content to answer questions, records, unless the controller switches it off, where each conversation came from as the visitor's browser reported it so that the controller can see which campaigns, referring sites and pages lead to conversations, enquiries and bookings and, where the controller connects its shop, orders, records the privacy notice version shown when an enquiry was made, notifies the controller by email that an enquiry has arrived — with the visitor's name, email address and message in that email when the controller has enabled it — applies the retention period the controller configures, and provides export, search and deletion tools and, where the controller connects an AI assistant, answers that assistant's requests for the controller's agent overview, conversations and enquiries and records its test questions and the answers it adds to the controller's draft. When the controller uses Workshop, the assistant in its account, Hazelchat also counts the controller's visitor activity and enquiries, and sends the controller's visitor questions (with email addresses, web addresses, phone numbers and long numbers replaced), their outcome and day, passages of the approved content and the draft settings to the subprocessor in Annex 1 that provides AI processing, to answer the controller's questions about its agent and to propose changes to its draft. Hazelchat applies a proposed change only when the controller approves it, and never publishes it. Processing lasts as long as the account exists and ends with the deletion described in section 11.

3. Types of data and data subjects

4. Instructions

Hazelchat processes visitor data only on the controller's documented instructions. The controller's configuration in the product — approved content, published versions, privacy details, retention periods, notification and capture settings, deletion and export actions — constitutes its instructions. Additional instructions must be given in text form to hello@hazelchat.co. Hazelchat will inform the controller without delay if, in its opinion, an instruction infringes data protection law, and may suspend that instruction until it is confirmed.

Where the controller connects a third-party service or a system of its own to the Service, for example through an owner API key used by Zapier or n8n, the controller instructs Hazelchat to transmit the data described in the API documentation to that service or system: the enquiry data each time a new enquiry is saved or the service looks up enquiries by email address, and, where the controller subscribes to them, visitor questions the agent could not answer, with email addresses and phone numbers removed, at most ten per hour. Where the controller allows a key to add draft answers, the service may add answers to the controller's draft. Hazelchat stores them as the controller's content and does not publish them; only the controller does. The connected service or system and any tools the controller links to it act for the controller under the controller's own agreement with them. They are not subprocessors of Hazelchat. The controller can end the transmission at any time by revoking the key in Settings. Where the controller connects an email-marketing tool such as MailerLite, the controller may have the Service show visitors an optional newsletter consent box and pass the names and email addresses of visitors who tick it, with the time of the tick, to that tool; the Service keeps a record of each tick with the enquiry. The controller is responsible for that newsletter, its lawful basis, its own privacy notice and the tool's terms.

Where the controller connects an AI assistant to the Service (for example Claude, ChatGPT or Claude Code, through the consent screen or an assistant key), the controller instructs Hazelchat to answer that assistant's requests within the permissions the controller granted: to provide counts of the controller's agent activity; visitor questions, Hazel's answers and the quoted passages, with email addresses and phone numbers removed from visitor text; enquiries without contact details, or with name, email address and message where the controller granted that permission and enabled visitor details; to answer test questions against the controller's saved draft; and to add answers to the controller's draft. Hazelchat sends nothing to the assistant on its own initiative. The assistant and its provider act for the controller under the controller's own agreement with them; they are not subprocessors of Hazelchat. The controller is responsible for assessing that agreement, including whether its provider may use the data for its own purposes. The controller can end the transmission at any time by disconnecting the assistant or revoking the key in Settings. Nothing an assistant adds is shown to visitors before the controller publishes it in the Service.

The controller's agent-door setting (Website settings, "Let AI agents ask your agent", on by default where the feature is available) is its instruction to answer AI agents from its published version through its public agent address. Switching it off ends that processing at once; conversations already stored follow the controller's retention.

Where the controller connects its booking provider (for example Cal.com or Calendly) in the Service, the controller instructs Hazelchat to add a random conversation reference to the controller's booking link and to receive and record the provider's notices that a booking was made, cancelled or rescheduled for that conversation. Hazelchat keeps no booking details from those notices. The booking provider acts for the controller under the controller's own agreement with it and is not a subprocessor of Hazelchat. The controller can end this at any time by disconnecting the provider in the Service.

Where the controller connects its shop (for example WooCommerce, through the Hazelchat WordPress plugin) for order tracking in the Service, the controller instructs Hazelchat to add a random conversation reference to the products a visitor adds to the cart from the chat, and to receive and record the shop's signed reports that an order containing such a product was paid, cancelled or refunded. Hazelchat keeps no buyer details from those reports. The shop, its software and its payment providers act for the controller under the controller's own agreements and are not subprocessors of Hazelchat. The controller can end this at any time by switching order tracking off in the Service.

5. Confidentiality

Only persons bound to confidentiality and instructed in data protection have access to visitor data. Access is limited to what operating the service requires; Hazelchat does not read conversations or enquiries for its own purposes.

6. Security

Hazelchat implements the technical and organisational measures in Annex 2 and reviews them as the service develops. Measures may be replaced by others that provide at least the same level of protection.

7. Subprocessors

The controller gives general authorisation for the subprocessors in Annex 1. Hazelchat will notify the controller by email at least 30 days before adding or replacing a subprocessor. If the controller objects on reasonable data-protection grounds and no solution is found, the controller may close the account before the change takes effect. Hazelchat imposes data-protection obligations on each subprocessor by contract that are equivalent to those in this agreement and remains liable to the controller for its subprocessors' performance. Brevo (Sendinblue SAS, France) receives the visitor's name, email address and message, and where the conversation came from, only if the controller enables the visitor's details in the notification email (Settings → Data & privacy); switching that on is the controller's instruction to send them, and switching it off ends it.

8. Assistance with data subject rights

The product lets the controller search saved enquiries and linked conversations by email address, export them, and delete individual records or the whole workspace. Hazelchat will forward without delay any visitor request that reaches it directly and will assist the controller with requests it cannot fulfil through the product, taking into account the nature of the processing. Hazelchat cannot identify anonymous conversations that have no associated enquiry.

Where the controller's website is a Shopify store connected through the Hazelchat Shopify app, Shopify sends Hazelchat its requests on behalf of the store's customers for access to or erasure of their data. The controller instructs Hazelchat to use only the email address in such a request to search for enquiries left with that address in the chat on the store's websites. On an erasure request, Hazelchat deletes those enquiries and the conversations they came from. On an access request, it records the number found; the controller can view and export those enquiries in the Service. Hazelchat does not otherwise answer such requests on the controller's behalf.

9. Personal data breaches

Hazelchat notifies the controller without undue delay, and no later than 48 hours, after becoming aware of a personal data breach affecting visitor data. The notification describes the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences, the measures taken or proposed, and a contact for further information, as far as known at that time; further information follows as it becomes available. Hazelchat does not send notices to data subjects or authorities on the controller's behalf unless instructed.

10. Impact assessments and audits

Hazelchat assists the controller with data protection impact assessments and prior consultations insofar as they concern the processing under this agreement. Hazelchat provides the information needed to demonstrate compliance with Art. 28 GDPR, including this agreement, the privacy notice and Annexes 1 and 2. The controller may audit compliance with 30 days' notice, at most once a year unless a breach or a supervisory authority requires more, during business hours and without disrupting the service or exposing other customers' data. Reasonable costs of on-site audits are borne by the controller.

11. Deletion and return

Conversations and enquiries are deleted automatically after the retention period configured by the controller (default 90 days). The controller can delete individual records at any time and can export the workspace as JSON and CSV before closing the account. Closing the account deletes the workspace and cancels queued work immediately. Encrypted backups expire within 30 days; a separate deletion record ensures that deleted data is deleted again if an older backup is ever restored. Emails already delivered to the controller cannot be recalled, and deletion in the Service does not reach copies the controller has already caused to be transmitted to a connected service or AI assistant. Booking references and booking notices are deleted together with their conversation. Deletion in the Service does not reach the reference stored with a booking in the controller's booking provider. Order references and order records are deleted together with their conversation. Deletion in the Service does not reach the reference stored with a cart or order line in the controller's shop. Where the controller's website is a Shopify store connected through the Hazelchat Shopify app, uninstalling the app from the store is the controller's instruction to delete the conversations started on the store's websites and their enquiries, regardless of the configured retention period, when Shopify requests the deletion of the store's data (about 48 hours after the uninstall) or at the latest 10 days after the uninstall, unless the app has been installed again by then. No visitor data is retained afterwards unless Union or member-state law requires it.

12. International transfers

Visitor data is stored in the European Union. Two subprocessors are located outside the EEA: Backblaze, Inc. receives only encrypted backup archives that it cannot decrypt, and OpenRouter, Inc. receives question text, retrieved passages and, where the controller has connected a shop and shows product cards, product information matching the question (never prices, stock, links or visitor identifiers) only if the controller enables AI evidence selection, and redacted visitor questions with their outcome, passages of the approved content and draft settings only when the controller uses Workshop; both on routes without data retention. The safeguards are named in Annex 1. Enabling the AI feature in Settings, or sending a message to Workshop, is the controller's instruction to use that transfer. Data the controller causes to be transmitted to a connected service or AI assistant is transferred by the controller under its own agreement with that recipient; it is not a transfer by Hazelchat to a subprocessor.

13. Final provisions

In the event of a conflict, this agreement takes precedence over the terms of service for the processing of visitor data. Liability follows the terms of service. Governing law and jurisdiction follow section 12 of the terms of service. Amendments require text form; Hazelchat may update Annex 2 as security measures improve.

This agreement is available in German and English. If the two versions differ, the German version prevails.

Annex 1 — Subprocessors

Subprocessor and locationPurpose and visitor data receivedTransfer safeguard
netcup GmbH, Daimlerstraße 25, 76185 Karlsruhe, GermanyServer hosting. All stored visitor data.Not required (EU)
Backblaze, Inc., 201 Baldwin Avenue, San Mateo, CA 94401, USA. Data stored in an EU data center (EU Central region, Amsterdam, Netherlands).Encrypted backup storage. Encrypted archives only; the key is held by Hazelchat.Standard contractual clauses in Backblaze's data processing addendum; archives are encrypted before upload with a key Backblaze does not hold.
Brevo (Sendinblue SAS), 7 rue de Madrid, 75008 Paris, FranceTransactional email to the controller. The enquiry notification carries the visitor's name, email address and message, the last question of the conversation and whether it was answered, and where the conversation came from when that was recorded, only when the controller enables the visitor's details in the notification email; otherwise the notification contains no visitor data. Brevo also receives the controller's address and delivery events, and receives the controller's email replies to visitors' questions.Not required (EU)
OpenRouter, Inc., 169 Madison Avenue, New York, NY 10016, USA, and the model provider selected by the controller from the list offered in the product — currently models from OpenAI, Anthropic, DeepSeek, Mistral, Alibaba and Z.ai, each reached through an OpenRouter route without data retention; Anthropic's models are served by Google Cloud (Vertex AI) and, from 1 December 2026, also by Amazon Web Services (Amazon Bedrock), and for open-weight models that route is operated by a hosting provider on OpenRouter's platform; for Workshop, the model chosen by Hazelchat from the same list.AI evidence selection, only when the controller enables it: question text and up to eight retrieved passages; where the controller has connected a shop and shows product cards, also the earlier questions of the conversation and the controller's product information for a product request (the catalog's product types, tags and options, and up to ten matched products with name, type, tags, options and up to 600 characters of description; never prices, stock, links or visitor identifiers). Workshop, only when the controller sends it a message: visitor questions with email addresses, web addresses, phone numbers and long numbers replaced, their outcome and day, counts, passages of the approved content and draft settings. In both cases no contact details or identifiers, and never an enquiry's name, email address, phone number or message.Standard contractual clauses approved by the European Commission (Art. 46 GDPR) in OpenRouter's data processing agreement.

Better Stack monitors public availability and receives no visitor data. Stripe processes the customer's own billing and payment data for Hazelchat and does not receive website-visitor conversations or enquiries. These two providers are therefore not subprocessors of the visitor data governed by this agreement and are listed in the privacy notice for transparency. Brevo is a subprocessor only for the visitor details the controller chooses to include in its notification emails; the controller can switch that off at any time, after which the notification is content-free again. Shopify provides the controller's store and bills plans bought through the Hazelchat Shopify app, under the controller's own agreement with Shopify; it receives no visitor data from Hazelchat and is not a subprocessor under this agreement.

Annex 2 — Technical and organisational measures