Version 1.0, 26 October 2026
ImageWhisperer is provided by Voelspriet, trading as Digital Digging and Image Whisperer.
This Data Processing Agreement (“DPA”) applies when a business customer uses ImageWhisperer to check images that may contain personal data. It forms part of the agreement between the customer and Voelspriet (the “Main Agreement”: an order, invoice, contract or the Terms of Service). Where a customer has signed its own DPA with us, that DPA applies instead.
Terms such as personal data, processing, controller, processor, data subject and personal data breach have the meaning given in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
The Processor processes personal data only to provide the ImageWhisperer service to the Customer, as described in Annex 1. This DPA runs as long as the Processor processes personal data for the Customer and ends automatically when the Main Agreement ends, subject to clause 11.
The Processor processes personal data only on documented instructions from the Customer. The Main Agreement, this DPA and the Customer’s use of the service settings are the Customer’s complete instructions. The Processor does not use Customer images to train or improve its models, and does not sell or share them. If the Processor believes an instruction breaches the GDPR, it will tell the Customer without delay. If EU or Member State law requires other processing, the Processor will inform the Customer first, unless that law forbids it.
Only people who need access to provide the service can access Customer data, and they are bound by a duty of confidentiality. Today that is one administrator.
The Processor takes the technical and organisational measures described in its TOMs document (Annex 2, summarised on the Security page), in line with GDPR Art. 32. Among them: dedicated hardware in Germany, encryption in transit, and images from paying customers processed in memory only and never written to disk. The Processor may update the measures as long as the overall level of protection does not decrease.
The Customer gives general authorisation for the subprocessors listed on the Subprocessors page (Annex 3). The Customer can ask for any of them to be switched off for its account where the service allows it. The Processor will notify the Customer at least 30 days before adding or replacing a subprocessor. The Customer may object on reasonable data protection grounds within that period; if the parties cannot resolve the objection, the Customer may end the affected part of the service. The Processor imposes data protection obligations on each subprocessor that are no less protective than this DPA, and remains responsible for their performance.
Primary processing takes place in Germany. Where a subprocessor processes data outside the European Economic Area, the transfer relies on an adequacy decision (including the EU-US Data Privacy Framework) or on the European Commission’s Standard Contractual Clauses agreed with that subprocessor.
Taking into account the nature of the processing, the Processor helps the Customer respond to data subject requests (access, erasure and the like), and with data protection impact assessments and prior consultations, as far as these concern the Processor’s processing. Requests that reach the Processor directly are forwarded to the Customer.
The Processor notifies the Customer without undue delay, and in any case within 48 hours after becoming aware of a personal data breach affecting Customer data. The notice includes, as far as known, the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences and the measures taken or proposed. The Processor documents every breach and supports the Customer in meeting its duties under GDPR Art. 33 and 34.
On request, the Processor provides the information needed to show compliance with this DPA, including the TOMs document. The Customer may additionally carry out an audit, itself or through an independent auditor bound by confidentiality, once a year with at least 30 days’ notice, during business hours and without disrupting the service. Each party bears its own costs, unless the audit reveals a material breach by the Processor.
Images from paying customers are not stored: they are processed in memory and discarded after the response. Analysis results linked to the Customer’s account are kept for at most 12 months. When the Main Agreement ends, the Processor deletes the Customer’s remaining personal data within 30 days, or returns it first if the Customer asks for that before the end date, unless EU or Member State law requires storage. Encrypted backups expire on their normal cycle (at most 3 months).
Each party’s liability under this DPA is subject to the limitations of liability in the Main Agreement. Nothing in this DPA limits rights that data subjects have under the GDPR.
If this DPA conflicts with the Main Agreement on the processing of personal data, this DPA prevails. This DPA is governed by Dutch law, and the courts of Amsterdam have jurisdiction, unless the Main Agreement says otherwise. The Processor may update this DPA to reflect changes in law or in the service, with 30 days’ notice for changes that reduce the Customer’s protection.
| Purpose | Checking whether images are AI-generated or manipulated, and reporting the result to the Customer |
| Nature of processing | Receiving, analysing (automated detection models, reverse image search, metadata and provenance checks) and returning results |
| Categories of data subjects | People who appear in images the Customer submits; the Customer’s staff who use the service |
| Categories of personal data | Images (which may show faces), image metadata (which may include location and camera data), account email addresses, IP addresses and usage logs |
| Special categories | Not intended. Images can incidentally reveal sensitive information; the Customer decides which images it submits |
| Frequency | Continuous, for each image the Customer submits |
| Retention | See clause 11 |
The full TOMs document (version 1.1, October 2026) is available to customers on request at [email protected]. A summary is on the Security page.
The current list is kept at imagewhisperer.org/subprocessors.
This DPA applies without signature as part of the Main Agreement. Customers that want a countersigned copy can sign below and send it to [email protected].
| Customer (Controller) | Processor |
|---|---|
| Company: | Company: Voelspriet, trading as Digital Digging and Image Whisperer |
| Name: | Name: Hendrik Geert van Ess |
| Title: | Title: Owner |
| Date: | Date: |
| Signature: | Signature: |