1. Parties
Processor: Quad Studio, Zürich, Switzerland (“Pengon”, “we”).
Controller: The natural or legal person who operates the Squarespace site on which the Pengon snippet is installed (“Customer”, “you”).
Agencies and freelancers: someone who sets Pengon up or manages it for a site’s operator acts on the operator’s behalf. If the Pengon account is the operator’s own, the operator is the Controller and party to this DPA. If an agency holds the account for a client, the agency accepts this DPA as its client’s processor, Pengon is the agency’s sub-processor, and the agency passes these terms on to its client.
This DPA supplements the Terms of Service and forms part of the agreement between the parties. It implements the requirements of GDPR Art. 28 (EU 2016/679), the UK GDPR, and the Swiss Federal Act on Data Protection (revFADP, in force since 1 September 2023).
2. Subject matter & duration
Subject matter: Pengon classifies submissions from the Customer’s Squarespace contact forms as “spam” or “clean” using AI, and stores them in a dashboard for human review. Pengon checks each submission before Squarespace receives it: one classified as spam is held back and never reaches Squarespace or anything connected to the form, until the Customer recovers it.
Duration: For the lifetime of the Customer’s Pengon account. Terminates automatically when the account is deleted.
3. Nature & purpose of processing
Processing consists of receiving form submissions, running them through an AI classifier, storing the classification result and the submission text, and presenting them in the Customer’s dashboard. Purpose: spam filtering for the Customer’s contact-form inbox. If the Customer turns on visitor copies, processing also includes emailing the visitor a copy of their own submission, on the Customer’s behalf, for submissions that pass the spam filter. Pengon also emails the Customer about its own site: alerts, a weekly digest and recovered messages, which can include parts of submissions.
Training examples. When the Customer corrects a classification (Recover or Report spam), Pengon keeps that message’s text as a training example, with the sender’s name, email addresses, links and phone numbers replaced by tokens and without any link to the Customer, its site or the sender. Pengon uses these examples only to test and improve its spam filter, never shares them, and keeps them for as long as they are useful for that. The Customer authorises this use. Because the examples aren’t linked to an account, Pengon can find and delete one only from its text.
4. Categories of data subjects
Visitors who submit the Customer’s Squarespace contact form - typically prospective clients, leads, or members of the public reaching out.
5. Categories of personal data
- Name (as entered by the visitor)
- Email address
- Phone number (if the form collects one)
- Message body
- Answers to any other fields the form asks for
- Source page URL and title on the Customer’s site, and the form’s identifier
- Timestamp
- Browser user agent
- Country derived from the visitor’s IP address
- A short hash of the IP address, for rate limits and abuse checks (the address itself isn’t stored)
- Whether a visitor copy was sent
Pengon does not intentionally collect special-category data (GDPR Art. 9). If a visitor voluntarily includes such data in a free-text message field, it’s stored alongside the rest of the message until the submission is deleted.
Retention: submissions are deleted automatically 90 days after they arrive, or sooner when the Customer deletes them. Security logs are kept for 90 days. Nightly backups of the database are kept for 30 days.
6. Processor obligations
Pengon will:
- Process personal data only on the Customer’s documented instructions. Creating an account and installing the snippet constitutes such an instruction.
- Ensure personnel authorised to process data are bound by confidentiality.
- Implement appropriate technical and organisational measures (see section 9).
- Assist the Customer with data-subject requests, breach notifications, and prior consultations with supervisory authorities, taking into account the nature of the processing.
- On termination, delete all personal data within 30 days unless EU/Swiss law requires longer retention. Deleting the account removes it from the live database at once; the backups that still hold it expire within 30 days. Training examples, which aren’t linked to the Customer, are kept as described in section 3.
7. Sub-processors
The Customer authorises Pengon to engage the following sub-processors:
- Cloudflare, Inc. - Workers, D1, AI Gateway, Workers AI, Pages. Hosting, database, routing of AI classification requests, the backup classification model (Clef, on Workers AI) used when Jev is slow or unavailable, and Email Service, which sends Pengon’s transactional email (recovery notices, alerts, digests) and, when the Customer turns them on, visitor copies. Data may be processed at any global Cloudflare edge location; primary storage region selectable per Pengon’s configuration.
- Clerk, Inc. - authentication. Stores Customer’s sign-up email, name, and authentication tokens. US-based.
- Stripe Payments Europe, Ltd. / Stripe, Inc. - payment processing for subscription and lifetime payments. Stripe acts as an independent controller for payment data per its own DPA.
- TypeSafe AI, Inc. - spam classification. The name, email and message of each form submission are sent through Cloudflare’s AI Gateway to TypeSafe’s Jev model and processed under TypeSafe’s DPA (EU Standard Contractual Clauses, UK Addendum). TypeSafe commits not to train its models on customer data. US-based. Added 28 September 2026.
- PostHog, Inc. - product analytics, EU Cloud. Receives security events about form traffic (for example a site reaching its rate limit): the event type, the site ID, the visitor’s country and browser user agent, and the website address a form was sent from. No IP addresses. Processed under PostHog’s DPA. Listed 23 October 2026.
We’ll give 30 days’ notice by email before adding or replacing a sub-processor. The Customer may object on legitimate data-protection grounds; if we can’t resolve the objection, the Customer may terminate this DPA and the Pengon account with a pro-rated refund as described in Terms §7.
8. International transfers
Some sub-processors are based outside Switzerland and the EEA (notably Clerk and TypeSafe in the US, and Stripe’s global infrastructure). Transfers are covered by:
- EU Standard Contractual Clauses (2021/914) and the Swiss-approved variant for transfers out of Switzerland, incorporated by reference;
- EU–US Data Privacy Framework certifications where the recipient holds one (Stripe and Cloudflare currently do; check each provider’s public DPF listing).
9. Security measures
Technical & organisational measures (TOMs):
- All data in transit encrypted via TLS 1.2+; all data at rest encrypted by Cloudflare D1 by default.
- Access to production data restricted to the proprietor of Quad Studio; no employees. Access requires MFA (Cloudflare, Clerk dashboards) and SSH keys rotated regularly.
- The Pengon worker runs on Cloudflare’s isolated V8 sandbox; no persistent compute.
- Database backups: Cloudflare D1’s built-in point-in-time recovery (Time Travel) for 30 days, and a nightly export to Cloudflare R2, encrypted at rest, kept for 30 days.
- Training examples (section 3) have the sender’s name, email addresses, links and phone numbers replaced by tokens before storage, and no link back to the Customer’s account or site.
- Incident response: any confirmed breach involving Customer data is notified within 72 hours of confirmation, by email to the Customer’s account address.
10. Data-subject requests
Pengon’s dashboard lets you delete individual submissions and bulk-delete by selection. To delete the entire account and its data, use Settings → Delete my account, or email [email protected] (actioned within 7 business days).
If a data subject contacts Pengon directly with a request, we forward it to the relevant Customer within 5 business days. The Customer remains responsible for handling the underlying request.
11. Audits
Given Pengon’s scale (one-person operation, edge-deployed on managed infrastructure), on-site audits are not practical. Instead, the Customer may request, no more than once per year:
- Cloudflare’s SOC 2 Type II report (provided under NDA);
- Pengon’s current sub-processor list (this section, authoritative);
- Written answers to a reasonable security questionnaire.
12. Liability
Each party’s liability under this DPA is subject to the limitations in the Terms of Service, section 10. Statutory liability under GDPR Art. 82 is not excluded.
13. Governing law
This DPA is governed by Swiss law. Place of jurisdiction: Zürich. Mandatory data-protection law in the Customer’s or data subject’s jurisdiction is not affected.
14. Contact
DPA-related inquiries: [email protected], subject line “DPA - [your domain]”.
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