Data Processing Agreement

1. Introduction and roles

This data processing agreement (the "Agreement") is entered into under Art. 28 of Regulation (EU) 2016/679 (the "GDPR") between the user of the PiTrio service (the photographer) as the controller and the service operator, Tomáš Smékal, Company ID: 04695984, registered at Zvoncovitá 1974/1, Stodůlky, 155 00 Praha 5, as the processor.

The Agreement forms an integral part of the Terms of Service and is concluded upon registration. It covers personal data of the user's clients and gallery visitors that the user uploads to the service or that arises within it — for such data the user is the controller and the Provider processes it on the user's behalf. (For data about the user themselves — account, payments — the Provider is the controller; see the privacy policy.)

2. Subject matter, nature and purpose of processing

• Subject matter: storage, display and making available of photos and related client data through the service.
• Nature of processing: storage, retention, display, transmission, erasure.
• Purpose: providing the service — delivering photos to clients, collecting their feedback (hearts, comments, selections) and sending related emails.
• Duration: for the lifetime of the user's account, or until the user deletes the respective data.

3. Categories of data subjects and types of data

• Data subjects: the user's clients and visitors of shared galleries; persons depicted in the photos.
• Types of data: gallery visitor's name and email, favourite photo marks (hearts), comments, submitted photo selections, likenesses of persons in photos, technical data necessary for operation (IP address, visitor cookies).

4. Controller's instructions

The Provider processes personal data only on documented instructions from the controller. Use of the service's features (uploading photos, sharing a gallery, deleting data etc.) constitutes such an instruction. The Provider informs the controller if, in its opinion, an instruction infringes the GDPR or other legal provisions.

5. Confidentiality

Persons authorised to process personal data at the Provider are committed to confidentiality or are under an appropriate statutory obligation of confidentiality.

6. Security of processing

The Provider implements technical and organisational measures under Art. 32 GDPR, in particular: encrypted data transfer (TLS), photo storage in a private EU-jurisdiction bucket accessible only via temporary signed links, access control, separation of individual users' data and regular infrastructure updates.

7. Sub-processors

The controller grants a general authorisation to engage sub-processors. Current sub-processors:

• Cloudflare, Inc. — photo storage (R2, EU-jurisdiction bucket),
• Render Services, Inc. — application and database hosting,
• Resend, Inc. — sending emails (e.g. the gallery link to a client).

The Provider imposes the same data protection obligations on sub-processors as set out in this Agreement. The controller will be informed of intended changes of sub-processors (e.g. by email or on this page) and may object to them; any transfer outside the EU/EEA is safeguarded under Art. 46 GDPR (standard contractual clauses).

8. Assistance

The Provider assists the controller in responding to data subject requests (access, rectification, erasure etc.) and in ensuring compliance with Art. 32–36 GDPR (security, breach notification, impact assessments). The Provider notifies the controller of a personal data breach without undue delay after becoming aware of it.

9. Deletion and return of data

After the end of the service (account cancellation) the Provider deletes the personal data unless EU or Czech law requires further storage. Before cancelling the account, the user can export their data directly in the app (data export, photo download).

10. Demonstrating compliance

The Provider makes available the information necessary to demonstrate compliance with Art. 28 GDPR and allows audits to a reasonable extent — primarily in the form of written answers to the controller's questions.

11. Final provisions

The Agreement lasts for the duration of the use of the service and terminates upon data deletion under Art. 9. Matters not covered by this Agreement are governed by the Terms of Service and Czech law. Contact: info@pitrio.cz.