Data processing agreement

§ 1 Subject and duration

1. This agreement governs how Temu processes personal data for which you are responsible when we run your website and your AI avatar within your subscription. It applies under Art. 9 of the Swiss Federal Act on Data Protection (FADP) and, where applicable, Art. 28 of the EU General Data Protection Regulation (GDPR).
2. It applies for as long as we process such data for you, including after your subscription ends, until all data has been deleted or returned to you (§ 10).

§ 2 Nature and purpose, data and data subjects

1. We process the data solely to run, secure, maintain and further develop your website and your avatar.
2. Concerned are:

3. Particularly sensitive personal data, such as health data, we process only under a separate written agreement that sets additional safeguards.

§ 3 Instructions

1. We process the data only on your documented instructions. This agreement, the terms and your settings and change requests in the dashboard are such instructions.
2. If we believe an instruction breaches data protection law, we tell you without delay and may suspend it until you confirm or change it.
3. We do not process the data for our own purposes. The exception is reading the avatar's conversations to improve your avatar (terms § 10 para. 3).

§ 4 Confidentiality

Everyone at Temu with access to the data is bound to confidentiality, including after their work ends. Access is given only to those who need it for their task.

§ 5 Data security

We take appropriate technical and organisational measures under Art. 8 FADP, in particular:

• encrypted transmission (TLS) and encrypted storage at our providers;
• personal accounts for everyone at Temu, with two-factor authentication where possible, and no more rights than needed;
• visitor identifiers and IP addresses are stored only as encrypted hash values (HMAC), never in plain text;
• daily backups with a copy in Switzerland;
• separate accounts and projects per client, so no client can reach another's data;
• limits on messages and budgets for the avatar that make misuse harder.

We adapt the measures to the state of the art without lowering the level of protection.

§ 6 Sub-processors

1. You approve the sub-processors named in § 11 of the terms. We bind them contractually to an equivalent level of protection.
2. We announce a new or replacement sub-processor 30 days in advance. You may object for a serious data protection reason; if we find no solution, you may cancel your subscription as of the change.

§ 7 Transfers abroad

Some sub-processors are based in the USA. Transfers there are safeguarded by appropriate guarantees under Art. 16 FADP, in particular the Swiss-US Data Privacy Framework or standard contractual clauses. Your database is in Frankfurt; your files and backups are in Basel.

§ 8 Assistance

1. We help you fulfil the rights of data subjects, such as access, rectification, erasure or portability. If a data subject contacts us directly, we pass the request on to you.
2. We also help you with data protection impact assessments and consultations with the supervisory authority, as far as they concern our processing. Substantial effort for this counts towards your subscription's effort.

§ 9 Data security breaches

If we detect a breach of data security affecting your data, we report it to you without delay, as a rule within 48 hours, with the available details of its nature, scope, consequences and countermeasures. We support your notifications to the authority and to data subjects.

§ 10 Deletion and return

1. You can download your data yourself at any time (terms § 9). Your account remains after your subscription ends until you ask for it to be deleted.
2. If you ask for deletion, we delete your data within 30 days. It disappears from backups once these are overwritten in their regular cycle; until then it is blocked. What we must keep by law, such as invoices, we delete when the period ends.
3. Conversations between the avatar and visitors are deleted automatically after 12 months.

§ 11 Evidence and audits

On request we give you the information you need to verify compliance with this agreement. An audit on site or by an auditor bound to confidentiality is possible after timely notice at most once a year, except on concrete suspicion; you bear its costs.

§ 12 Final provisions

1. This agreement forms part of the terms of the Temu Dashboard. In matters of data protection it takes precedence over the terms. Liability is governed by § 13 of the terms.
2. Swiss law applies; the place of jurisdiction is Zurich. The German version is binding.
3. Contact for data protection questions: privacy@temu.studio.