Privacy policy

This policy describes how Memory Pencil (MEMORY PENCIL SAS, hereinafter “we”) collects, uses and protects your personal data and the data of the people shown in your photos, in application of the General Data Protection Regulation (GDPR) and the French Data Protection Act (loi Informatique & Libertés).

1. Data controller

MEMORY PENCIL, whose details appear in the legal notice, is the controller for the processing operations carried out via the website www.memorypencil.com.

For any question, you may write to us at contact@memorypencil.com.

2. Data collected

When you place an order

• Identity: first name, last name;
• Contact details: email, postal address, telephone;
• For deliveries to Mexico only: the recipient's tax identification number (RFC), required by Mexican customs and passed to our printer for customs clearance. Kept with the delivery address;
• Photographs uploaded for the creation of the personalized album (which may show minor children);
• Order details: chosen format, price, date;
• Payment data: processed directly by Stripe; we do not store any banking data.

When you visit the site

• Audience measurement and user journey analysis via Vercel Analytics, PostHog (EU) and Google Analytics 4 (deployed via Google Tag Manager), and measurement of our advertising campaigns via Meta (Facebook/Instagram pixel and Conversions API) and Google. The placement of analytics or advertising cookies requires your prior consent via the banner provided for this purpose (see section 9).

3. Purposes & legal bases

• Performance of your order (drawing generation, printing, delivery, invoicing, support). Legal basis: performance of the contract (art. 6.1.b GDPR).
• Automated processing of photographs to produce the coloring illustrations. Legal basis: performance of the contract, and specific consent for images of children (art. 6.1.a and 8 GDPR).
• Legal obligations (accounting, fraud prevention). Legal basis: legal obligation (art. 6.1.c GDPR).
• News and offers by email (new products, order deadlines before the holidays, customer-only offers). If you have placed an order or requested a free preview, we may email you about our personalized albums and gift cards, similar to what you bought or tried. Legal basis: legitimate interest (art. 6.1.f GDPR), within the framework of article L.34-5 of the French Postal and Electronic Communications Code. You may object at any time, free of charge and without giving a reason, through the unsubscribe link in every email or by writing to contact@memorypencil.com. Objecting does not stop the emails related to an order in progress (confirmation, updates, delivery). Your contact details are never shared with third parties for their marketing.

4. Photographs of minor children

Since Memory Pencil albums are designed to celebrate family memories, the photographs supplied frequently show minor children.

By uploading photographs of minor children, you warrant that:

• you hold parental authority (or have the express authorisation of the holders thereof) over the children shown;
• you consent, on their behalf, to the processing of their image strictly for the purposes of producing the ordered album.

The photographs:

• are never used for commercial or marketing purposes, nor to train third-party models, nor shared with third parties outside of the processors strictly necessary;
• are kept only during the processing of your order (page generation, printing, delivery), then automatically deleted from our systems 7 days after delivery, unless you request otherwise;
• may be deleted at any time on simple request to contact@memorypencil.com.

5. Retention periods

• Photographs: kept during order processing (generation, printing, delivery), then automatically deleted 7 days after delivery;
• Unfinished orders: a project saved to finish later is deleted along with its photos 15 days after it was saved; an order that was submitted but never paid, or whose photo upload did not complete, is deleted along with its photos after 7 days;
• Order and invoicing data: 10 years (accounting obligation, art. L123-22 of the French Commercial Code);
• Contact data (email, address): 3 years from your last order or your last active contact with us; after that, we stop sending you offers. If you unsubscribe, only your email address is kept, on a suppression list, to make sure you receive no further offers.
• Free preview (“Try it yourself”): your photo is deleted as soon as the preview is generated; the preview and its access link are erased 14 days after the preview is generated (if you don't confirm your email, your request is deleted after 7 days). Your IP address, along with a random identifier stored in your browser (local storage, removable at any time by clearing site data), are kept for 12 months (abuse prevention), your email for at most 3 years to send you the preview, its reminders and occasional offers (one-click unsubscribe in every email), after which your record is deleted. Legal basis: legitimate interest (art. 6(1)(f) GDPR), with the right to object at any time. Early deletion on request to contact@memorypencil.com.

6. Processors & transfers

To fulfil your order, we use the following providers:

• Vercel Inc. (United States), website hosting and audience measurement (Vercel Analytics). Vercel is certified under the EU-US Data Privacy Framework, ensuring an adequate level of protection for transfers of personal data.
• PostHog (European Union cloud, eu.i.posthog.com), anonymous audience measurement. We also record support assistant conversations there, on the basis of our legitimate interest in improving our support : any contact details (email, phone) are stripped before storage. See section 9.
• Cloudflare R2 (European Union), storage of the photographs you send us. The files are located in Cloudflare's European jurisdiction.
• Neon (European Union), database for order information (identity, address, metadata).
• Stripe, payment processing (transfers outside the EU are framed by the Standard Contractual Clauses of the European Commission).
• An artificial intelligence provider, transformation of photos into illustrations (transfers outside the EU are framed by the Standard Contractual Clauses of the European Commission).
• A print-on-demand partner, printing, binding and shipping of the albums; this provider selects the carrier based on the destination (transfers outside the EU are framed by the Standard Contractual Clauses of the European Commission).
• Resend (United States), delivery of our emails (confirmations, updates, free preview, news and offers). Transfers outside the EU are framed by the Standard Contractual Clauses of the European Commission.
• Sentry, technical monitoring of the site (application errors). Data hosted in the European Union (Germany).
• Base Adresse Nationale (data.gouv.fr, operated by the French government): when you type your shipping address, the text is sent to suggest matching addresses. No personal data is retained by this service.
• Meta Platforms Ireland Ltd. (Ireland, with transfers to Meta Platforms, Inc. in the United States): measurement and optimisation of our Facebook and Instagram advertising, through two complementary channels. (1) The pixel in your browser places cookies (_fbp, _fbc) and is loaded only after your consent (legal basis: consent, art. 6(1)(a) GDPR). (2) The Conversions API transmits the same events (page view, add to basket, purchase, trial request) server-side; the matching data (email, phone, first name, last name, city, postcode) is hashed with SHA-256 before any transmission and is never sent in clear text. This server-side transmission takes place to measure our campaigns under our legitimate interest (art. 6(1)(f) GDPR), independently of cookies; you may object to it by contacting us. Meta is certified under the EU-US Data Privacy Framework.
• Google Ireland Limited (Ireland, with transfers to Google LLC in the United States): audience measurement and measurement of our campaign effectiveness via Google Analytics 4, deployed through Google Tag Manager. These tools run in Consent Mode: no measurement or advertising cookie is placed until you have given your agreement (legal basis: consent, art. 6(1)(a) GDPR). In case of refusal, only aggregated, cookieless statistics may be estimated. Google is certified under the EU-US Data Privacy Framework.

All our processors are contractually bound to comply with the GDPR.

7. Your rights

In accordance with the GDPR, you have the following rights regarding your data:

• right of access, rectification, erasure;
• right to restriction of and objection to processing;
• right to object at any time, without giving a reason, to receiving offers by email (unsubscribe link in every email);
• right to data portability;
• right to withdraw your consent at any time;
• right to set directives regarding the fate of your data after death.

To exercise these rights: contact@memorypencil.com.

You also have the right to lodge a complaint with the CNIL (French data protection authority): www.cnil.fr.

8. Security

We implement appropriate technical and organisational measures (TLS encryption, access controls, secure hosting, scheduled deletion) to protect your data against loss, unauthorised access or disclosure.

9. Cookies and audience measurement

The following tools may place cookies or identifiers on the browser side. None is activated until you have given your agreement:

• Vercel Analytics, traffic measurement, without cookies or persistent identifiers. Data hosted by Vercel Inc.
• PostHog (European Union cloud, eu.i.posthog.com), audience measurement, user journey analysis, funnel tracking and browsing session recording (mouse movements, clicks, scrolling, navigation between pages). This tool places cookies and session identifiers, and may associate your email address with the events once you have provided it to place an order (identified user journey). Form inputs, photographs you upload and personal information shown in the order summary are masked on the browser side before any transmission: no identifying data (first name, email, message, picture of a child) is ever transmitted in the recordings. Recordings are kept for a maximum of 30 days, then deleted.
• Meta pixel (Facebook/Instagram), measurement of our advertising effectiveness. Places the _fbp and _fbc cookies and reports page views and conversions (add to basket, purchase, trial request) to Meta. Loaded only after your consent. Independently of this pixel, these same conversions are also measured server-side via the Meta Conversions API, with hashed data (detailed in section 6).
• Google Analytics 4 (via Google Tag Manager), audience and conversion measurement (album creation started, add to basket, purchase, trial request). Runs in Consent Mode: places measurement cookies only after your consent. In case of refusal, no cookie is placed and only aggregated statistics may be estimated.

Beyond these tools, only technical cookies strictly necessary for the operation of the site may be placed (session, basket), along with a random identifier stored in your browser's local storage when you request a free preview: it is used solely to limit the number of free previews per device (abuse prevention, each preview having a real technical cost), is never used for advertising or browsing tracking, and can be removed by clearing your browser's site data (kept at most 12 months on our side, see section 5).

Your consent. On your first visit, a banner offers you to Accept or Decline these tools. No analytics or advertising cookie is placed until you have given your agreement. In case of refusal, only Vercel Analytics (cookieless) remains active; PostHog and the Meta pixel are not loaded. The Google Tag Manager container loads in Consent Mode but then places no measurement or advertising cookie (Google Analytics 4 is limited to aggregated, cookieless statistics). Server-side conversion measurement (Meta Conversions API, hashed data) remains under our legitimate interest (see section 6); you may object to it by contacting us.

Change your choice. You may change your mind at any time via the “Manage cookies” link at the bottom of every page: the banner reappears and your new choice is applied immediately.

Retention period. Analytics data kept for a maximum of 12 months, then deleted or aggregated anonymously.

10. Amendments

This policy may be amended at any time. The date of last update appears at the top of this page. In the event of a substantial change, we will notify you by email.