Privacy Policy

1. Data Controller

PixelConsult GmbH
Gutjahrstr. 12
44287 Dortmund
Email: info@pixelconsult.de
Phone: +49 231 94199570

Contact for data protection matters: Please direct requests from data subjects and other data protection inquiries to info@pixelconsult.de. We have reviewed the requirements for appointing a data protection officer under Art. 37 GDPR in conjunction with Section 38 of the German Federal Data Protection Act (BDSG); they are not currently met. We review this on a regular basis.

2. Overview of Processing Activities

The overview below summarizes the types of data we process and the categories of data subjects concerned.

2.1 Types of Data Processed

• Account data (name, address, contact details)
• Content data (chat histories, bot configurations, uploaded documents, crawled website content)
• Usage data (pages visited, access times, frequency of use)
• Meta/communication data (IP address, device information, browser type)
• Contract data (selected plan, billing period)
• Payment data (processed exclusively by Stripe, see Section 7)

2.2 Categories of Data Subjects

• Customers and users of the platform
• End users who interact with the chat assistants embedded on customer websites
• Visitors to our website my-chatify.de

3. Legal Basis for Processing

Below is an overview of the GDPR legal bases on which we process personal data:

• Consent (Art. 6(1)(a) GDPR) – the data subject has given consent to the processing for one or more specific purposes.
• Performance of a contract (Art. 6(1)(b) GDPR) – the processing is necessary for the performance of a contract with the data subject or to take pre-contractual steps.
• Legitimate interest (Art. 6(1)(f) GDPR) – the processing is necessary to protect our legitimate interests or those of a third party.

We do not process data for any purpose other than those set out in this policy. In particular, we do not use our customers' chat histories, knowledge bases, or uploaded documents to train our own or third-party AI models (see Section 8.6).

4. Provision of the Platform and Web Hosting

We process user data in order to provide our platform. For this purpose, we process, among other things, the user's IP address, which is necessary to deliver our platform's content and features to the user's browser.

Data types processed: Usage data, meta/communication data, log data (IP address, timestamp, requested URL, browser and operating system information)
Legal basis: Legitimate interest (Art. 6(1)(f) GDPR)

4.1 Hosting

Our platform, its associated database, and the vector database described in Section 9 are operated by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. Hetzner processes account, contact, content, contract, and usage data of our customers and visitors on our behalf, exclusively in data centers within the Federal Republic of Germany. We have entered into a data processing agreement with Hetzner pursuant to Art. 28 GDPR. Hetzner is ISO/IEC 27001 certified.

5. Registration and User Account

Users can create a user account. As part of registration, the required mandatory information is communicated and processed on the basis of contractual necessity. The data processed includes in particular:

• Email registration: first name, last name, email address, password (stored as a bcrypt hash — the plaintext password is never stored), and optionally a company name
• Google Single Sign-On: first name, last name, email address, and Google user ID. No profile picture is retrieved or stored from Google.

For email registration, we additionally use Google reCAPTCHA v3 to detect automated abuse attempts (see Section 8.4).

During registration, login, and use of the account, we store the IP address and the time of the respective user action. This is based on our legitimate interests, as well as those of our users, in protection against misuse and unauthorized use.

Data types processed: Account data, contact data, content data
Legal basis: Performance of a contract (Art. 6(1)(b) GDPR); for Google sign-in, additionally consent (Art. 6(1)(a) GDPR), since the user actively initiates the sign-in process.

6. SaaS Service – AI Chatbot Platform

Our platform enables customers to create AI-powered chat assistants and embed them on their websites. As part of this service, the following data is processed:

6.1 Bot Configuration and Knowledge Base

Website crawling: When crawling a customer's website, publicly accessible page content (text, images, product information) is automatically collected and prepared for the chat assistant's knowledge base.

Document upload: Customers can upload documents in TXT, DOCX, DOC, and PDF format (max. 10 MB per file). These files are stored and processed on our servers in Germany.

Vector embeddings: Text segments extracted from website content and documents — regardless of which AI model the customer has selected for chat responses — are converted into vector representations via the OpenAI Embedding API and then stored in our own vector database in Germany (see Section 9). This means that even when a chat assistant responds using Anthropic Claude or Google Gemini, the knowledge base's text segments are still sent to OpenAI to generate the embeddings. The resulting vectors are stored exclusively by us.

Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

6.2 Chat Interactions (End Users)

When end users interact with a chat assistant embedded on a customer's website, the following data is processed:

• Chat messages: the questions entered by the end user and the answers generated by the AI system
• Session data: a randomly generated session ID used to associate the conversation history
• Metadata: timestamps, plus the IP address and the country derived from it (determined offline, without transmission to an external geolocation service)

The session ID and the conversation history so far are cached in the end user's browser localStorage, so the conversation can continue on a return visit. The chat widget itself does not set any cookies.

The chat widget performs no tracking and no user analytics. No data is transmitted to advertising platforms.

Depending on the configuration chosen by the customer, chat messages are transmitted over an encrypted connection (TLS) to OpenAI, Anthropic, Google, or Mistral AI to generate the AI response (see Section 8). As part of this so-called Retrieval-Augmented Generation (RAG), the messages are additionally enriched with relevant excerpts from the respective assistant's knowledge base. Chat histories are stored exclusively on our servers in Germany.

Legal basis: Legitimate interest (Art. 6(1)(f) GDPR) – our customer's interest in providing a functional chat assistant on their website.

6.3 Live Chat and Real-Time Notifications

For handing a conversation over to a human team member and for real-time notifications in the customer dashboard, we use Socket.IO. Communication takes place directly between the browser and our own servers; no external third parties are involved.

6.4 Analytics for Customers

In the customer dashboard, we provide aggregated analytics about the chat assistants (e.g. conversation volume, common topics, response times). These analytics are created solely for the respective customer and solely from that customer's own data. They serve only to assess the quality of the respective chat assistant, are not shared with third parties, are not aggregated across customers, and are not used to train AI models.

7. Payment Processing

We use the payment provider Stripe to bill our paid plans.

Provider: Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland
Data processed: Name, email address, and the payment data required for the chosen payment method (e.g. credit card details or bank details for SEPA direct debit). This data is collected and processed directly by Stripe; we do not store complete payment data on our own servers.

Stripe is PCI-DSS Level 1 certified, the highest certification standard in the payment card industry. A data processing agreement is part of Stripe's terms of service and includes the EU Standard Contractual Clauses for any transfers to third countries.

Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)
Stripe's privacy policy: https://stripe.com/de/privacy

8. Use of Artificial Intelligence

Our platform uses AI services from various providers to process content. Customers can select the desired AI model in their chat assistant's settings. We use only the paid application programming interfaces (APIs) of the providers listed below.

8.1 OpenAI

Purpose: Generating AI responses (if selected by the customer as the model) and — regardless of model selection — creating the vector embeddings used by every chat assistant for semantic search of the knowledge base.
Data transmitted: Text segments from crawled websites and uploaded documents, as well as end users' chat messages if OpenAI was selected as the response model.
Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

8.2 Anthropic (Claude)

Purpose: Optional generation of AI responses, if the customer selects a Claude model for their assistant.
Data transmitted: End users' chat messages, as well as relevant text segments from the respective assistant's knowledge base.
Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

8.3 Google Gemini

Purpose: Optional generation of AI responses, if the customer selects a Gemini model for their assistant.
Data transmitted: End users' chat messages, as well as relevant text segments from the respective assistant's knowledge base.
Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

8.4 Mistral AI

Purpose: Optional generation of AI responses, if the customer selects a Mistral model for their assistant.
Data transmitted: End users' chat messages, as well as relevant text segments from the respective assistant's knowledge base.
Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

Provider: Mistral AI SA, France (EU). Unlike OpenAI, Anthropic, and Google, Mistral AI is a company headquartered in the European Union.

8.5 Google reCAPTCHA

Purpose: Protecting our registration form against automated abuse attempts (bots).
Data transmitted: Interaction data during registration (including IP address), which Google processes into a trust score.
Legal basis: Legitimate interest (Art. 6(1)(f) GDPR) – protection against abuse.

8.6 Google OAuth (Single Sign-On)

Purpose: Registration and login using an existing Google account.
Data transmitted: First name, last name, email address, and Google user ID.
Legal basis: Consent (Art. 6(1)(a) GDPR) – the user actively initiates the sign-in process.

8.7 No Use for Training Purposes

Content transmitted to the providers named above is not used to train or improve AI models. This is excluded by default under the paid API access we use from OpenAI, Anthropic, Google, and Mistral AI; we have not consented to any different use of the data. We ourselves also do not use chat histories, knowledge bases, or uploaded documents to train our own models.

8.8 Transfers to Third Countries

Where OpenAI, Anthropic, or Google process personal data outside the European Union, this is done on the basis of the EU Standard Contractual Clauses under Art. 46(2)(c) GDPR or a comparable adequacy mechanism. The transfer is limited to generating the respective AI response or the vector embeddings; no permanent storage of the data outside the EU takes place. Mistral AI states that it processes data within the European Union; accordingly, no transfer to a third country generally takes place.

Providers' privacy policies: OpenAI · Anthropic · Google · Mistral AI

9. Storage of Vector Embeddings

We store the vector embeddings described in Section 6.1 in a vector database based on the Chroma software. We operate this database ourselves on our own infrastructure at Hetzner Online GmbH in Germany (see Section 4.1). No external cloud service is involved; the vector embeddings are not transmitted to third parties or to a third country.

The vector database enables semantic search within a chat assistant's knowledge base and is technically necessary to answer user queries. A copy of the associated text segments is additionally kept in our main database, also hosted at Hetzner.

Legal basis: Performance of a contract (Art. 6(1)(b) GDPR)

10. Overview of Data Processors and Third-Party Providers

We have entered into data processing agreements (DPAs) pursuant to Art. 28 GDPR with the processors listed below, or process data on the basis of the applicable legal basis in each case. Any transfer of data to countries outside the EU/EEA — where it occurs — is based on EU Standard Contractual Clauses.

System emails (e.g. confirmation codes, notifications, team invitations) are sent via our own mail server on the infrastructure described in Section 4.1, located in Germany. No external email delivery service is involved.

Note on previous versions: The managed service Chroma Cloud (USA) was originally used to store the vector embeddings. This service has since been replaced; we have operated the vector database ourselves in Germany ever since (see Section 9).

11. Cookies and Storage Technologies

11.1 Technically Necessary Cookies and Storage

To operate our customer dashboard, we use a session/authentication cookie as well as storing the login token in your browser's localStorage. These are exempt from the consent requirement under Section 25(2) No. 2 TDDDG, as they are technically necessary to provide the service you have explicitly requested.

11.2 Storing Your Cookie Preferences

We store your selection in the cookie banner (e.g. "Accept all" or custom settings) in your browser's localStorage so we don't have to ask you again on every visit.

11.3 Google Tag Manager

After you consent to the "Analytics" category, we load Google Tag Manager (GTM). Google Tag Manager is a management system through which further analytics and marketing services (e.g. Google Analytics, Google Ads) can be loaded. Google Tag Manager is not loaded without your consent.

Legal basis: Consent (Art. 6(1)(a) GDPR, Section 25(1) TDDDG)

11.4 Chat Widget on Customer Websites

The chat widget embedded on customer websites does not set any cookies. The conversation history and a session identifier are stored exclusively in your browser's localStorage, so that an ongoing conversation can continue on a return visit. No tracking takes place, and no data is transmitted to advertising platforms or analytics services.

Legal basis: Legitimate interest (Art. 6(1)(f) GDPR) – functional provision of the chat assistant.

12. Data Security

We employ appropriate technical and organizational measures to protect your data against accidental or intentional manipulation, loss, destruction, or access by unauthorized persons. These include in particular:

• TLS/SSL encryption for all data transmission
• Passwords stored exclusively as bcrypt hashes, never in plaintext
• Role-based access control and tenant isolation between our customers' accounts (workspaces)
• All data storage operated in data centers located in Germany
• Regular security updates to our systems

We provide business customers, upon request, with a detailed overview of the technical and organizational measures pursuant to Art. 32 GDPR.

13. Retention Period

We store personal data only for as long as necessary to provide our platform, or as required by statutory retention obligations:

• Account, bot, and chat history data: until the respective account or assistant is deleted, or upon your request
• Server log data: 30 days, for security and error-analysis purposes
• Invoice data: 10 years pursuant to Section 147 of the German Fiscal Code (AO) (commercial and tax law retention obligation)

If you would like your account, a chat assistant, or specific data deleted, please contact us at any time (see Section 1 or Section 14). We act on deletion requests promptly, unless statutory retention obligations prevent us from doing so. Deleting a chat assistant also removes the associated vector embeddings and text segments from the knowledge base.

14. Rights of Data Subjects

As a data subject, you have the following rights under the GDPR:

• Right of access (Art. 15 GDPR) – you can request information about the data we have stored about you.
• Right to rectification (Art. 16 GDPR) – you can request the correction of inaccurate data.
• Right to erasure (Art. 17 GDPR) – you can request the deletion of your data.
• Right to restriction of processing (Art. 18 GDPR) – you can request that we restrict the processing of your data.
• Right to data portability (Art. 20 GDPR) – you can receive your data in a structured, commonly used format.
• Right to object (Art. 21 GDPR) – you can object to the processing of your data at any time for reasons arising from your particular situation.
• Right to withdraw consent (Art. 7(3) GDPR) – you can withdraw any consent given at any time, with effect for the future.
• Right to lodge a complaint (Art. 77 GDPR) – you can lodge a complaint with a data protection supervisory authority.

Competent supervisory authority: North Rhine-Westphalia Data Protection and Freedom of Information Commissioner (LDI NRW), Kavalleriestraße 2–4, 40213 Düsseldorf, Germany

To exercise your rights, please contact: info@pixelconsult.de

15. Data Processing on Behalf of Customers (DPA)

To the extent we process personal data on behalf of our customers — for example, chat messages entered by end users via an embedded chat assistant — we act as a data processor within the meaning of Art. 28 GDPR. In such cases, our customer is the data controller. Upon request, we enter into an individual data processing agreement with our customers. In this case, the providers named in Section 10 act as sub-processors; we will inform our customers of any changes in good time.

16. Changes to This Privacy Policy

We reserve the right to amend this privacy policy to adapt it to changes in the law or changes to our service. The current version can always be found on this page.