PRIVACY POLICY MOBILE APP

1. Introduction

In the following, we provide information about the collection of personal data when using our mobile app (hereinafter only "App").

Personal data is any data that can be related to a specific natural person, such as their name or IP address.

1.1. Contact details

The controller within the meaning of Art. 4 (7) EU General Data Protection Regulation (GDPR) is APPINIO GmbH, Große Theaterstraße 31, 20354 Hamburg, Germany, email: privacy@appinio.com. We are legally represented by Jonathan Kurfess, Max Honig, Kai Granaß, Dr. Tizian Bonus.

Our data protection officer is heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, email: datenschutz@heydata.eu.

1.2. Scope of data processing, processing purposes and legal bases

We detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:

Art. 6 para. 1 s. 1 it. a GDPR serves as our legal basis for processing operations for which we obtain consent.
Art. 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a user purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.
Art. 6 para. 1 s. 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
Art. 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).

In the case of data transfer to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.

In other cases (e.g. if no adequacy decision exists), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.

1.4. Storage duration

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

1.5. Rights of data subjects

Data subjects have the following rights against us with regard to their personal data:

Right of access,
Right to correction or deletion,
Right to limit processing,
Right to object to the processing,
Right to data transferability,
Right to revoke a given consent at any time.

In this regard, data subjects may contact us as the controller under the data mentioned in paragraph 1.1.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.

Mandatory data are marked as such.

1.7. No automatic decision making in individual cases

As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.

1.8. Making contact

When contacting us, e.g. by email or telephone, the data provided to us (e.g. names and email addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

2. Data processing in the app

2.1. Downloading the app

Our app is ready for download at Apple's App Store und Google's Play Store (hereinafter "Stores"). When users download the app, the necessary information is transmitted to the stores, i.e. in particular user name, email address and customer number of the account, time of download, payment information and the individual device identification number. We have no influence on this data collection and are not responsible for it. We process the data only insofar as it is necessary for downloading the mobile app to the user's mobile device.

2.2. Hosting

Our app is hosted by AWS SARL Luxembourg. The provider thereby processes the personal data transmitted via the app, e.g. on content, usage, meta/communication data or contact data. It is our legitimate interest to provide an app, so that the legal basis of the data processing is Art. 6 para. 1 s. 1 lit. f GDPR.

2.3. Informative use of our website

When users use our app, we collect the data that is technically necessary for us to offer users the functions of our app and to ensure stability and security. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

The data processed to this extent are:

IP address
Date and time of the request
Time zone difference from Greenwich Mean Time (GMT)
Content of the request (concrete interface)
Access status/HTTP status code
Amount of data transferred in each case
Operating system and its interface
Language and version of the operating system

2.4. Access to functions or data

The app requests the user's access to functions of the end device or to data of the device in order to be able to execute functions of the app. By allowing access, the user gives consent to the associated data processing, so that the legal basis is Art. 6 para. 1 s. 1 lit. a GDPR. Users can revoke their consent at any time by terminating access in the settings of their end device. The revocation does not affect the lawfulness of the processing until the revocation.

The functions or data processed to this extent are

camera,
microphone,
existing photographs and
location.

2.5. Data processing for the provision of functions

In the app, we process data in order to provide the user with functions of the app. The legal basis for the processing is the usage agreement concluded with the user via the app. The data processed to this extent is the Universal Unique Identifier of the terminal device (UUID).

2.6. User account

Users can open a user account in the app. We process the data requested in this context to fulfill the respective user contract concluded for the account, so that the legal basis for the processing is Art. 6 para. 1 s. 1 lit. b GDPR. We delete the data when users delete their user account.

Users have the option to upload a profile picture to their customer account. The profile picture is displayed so that users can better communicate and present themselves in the app. If the user uploads a picture, the legal basis for the processing is Art. 6 para. 1 lit. a) GDPR. The processing is based on consent. Data subjects can revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

2.7. Surveys

2.7.1. General Surveys

Users can answer surveys via the app. For this purpose, we process the following data:

Postal code
Email address
User ID
Phone number
Name
City
IP-address.

The data is processed for the performance of the contract concluded with the respective user (Art. 6 para. 1 p. 1 lit. b DSGVO).

As soon as health data is requested in the survey, the legal basis of the processing is Art. 6 para. 1 lit. a DSGVO. Users can revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

Respondents (users) can answer the questions via text/video/voice. The answers are used for the evaluation of the survey. In this case, the legal basis for the processing is Art. 6 (1) lit. a DSGVO. Users can revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

2.7.2. Surveys in connection with product tests

Users can use the app to take part in surveys relating to product tests. Users first take part in a screening survey. If users indicate that they wish to take part in the product test and consent to data processing in connection with the product test, a product is sent to them by post. The mailing contains a flyer with a QR code. This contains a link to the survey in the app. By scanning the QR code using their mobile phone, users can take part in the survey about the product. Users can cancel the survey at any time by closing the app. In this case, the information in the survey will not be processed.

We process the following data for this purpose:

For the survey:

Email address
User ID
age
Gender

For the dispatch of the products:

First name and surname
address
Postcode
City

The processing of the data for the survey for the selection of participants is carried out for the performance of the contract concluded with the respective user (Art. 6 para. 1 sentence 1 lit. b GDPR).

The legal basis for sending the products is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing takes place on the basis of consent. Data subjects can revoke their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation.

2.8. Third-party tools

2.8.1. Firebase Cloud Messaging

We use Firebase Cloud Messaging to communicate with users. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://firebase.google.com/support/privacy.

2.8.2. Adjust

We use Adjust for analytics. The provider is Adjust GmbH, Saarbrücker Str. 37A, 10405 Berlin. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

2.8.3. Mixpanel

We use Mixpanel for analytics. The provider is Mixpanel, Inc., One Front Street, Floor 28, San Francisco, CA 94111, USA. The provider processes contact data (e.g. email addresses, telephone numbers), meta/communication data (e.g. device information, IP addresses), and master data (e.g. names, addresses) in the USA.

The legal basis for the transfer to a country outside the EEA is an adequacy decision of the EU Commission and the certification of the provider under the EU US Privacy Framework. In the event that the decision is declared invalid, we have concluded standard data protection contractual clauses with the provider (Art. 46 para. 2 lit. c GDPR).

2.8.4. UXCam

We use UXCam for analytics. The provider is UXCam Inc., 6250. Cypress Ave, El Cerrito, CA, USA. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.

3. Changes to this privacy policy

We reserve the right to change this privacy policy with effect for the future. A current version is always available here.

4. Questions and comments

If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.