PRIVACY POLICY - MOBILE APP

1. Introduction

In the following, we provide information about the processing of personal data when using our mobile app (hereinafter only “app”).

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

1.1. contact details

The controller in accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) is Twaiv GmbH, Brahmsstraße 38, 10589Berlin, Germany, e-mail: [email protected]. We are legally represented by Matthias Ettrich, Raphael Jung.

Our data protection officer is via HeyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, email: [email protected] available.

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

The scope of data processing, processing purposes and legal bases is set out in detail below. In principle, the following can be considered as the legal basis for data processing:

● Art. 6 (1) (a) GDPR serves us as the legal basis for processing operations for which we obtain consent.

● Art. 6 (1) (b) GDPR is the legal basis insofar as the processing of personal data is necessary to fulfill a contract, e.g. when a user purchases a product from us or we perform a service for it. This legal basis also applies to processing that is necessary for pre-contractual measures, such as inquiries about our products or services.

● Art. 6 (1) (c) GDPR applies when we fulfill a legal obligation by processing personal data, as may be the case in tax law, for example.

● Article 6 (1) (f) GDPR serves as the legal basis if 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, adequacy decisions issued by the EU Commission in accordance with Art. 45 (3) GDPR guarantee the security of data when transferred, insofar as it exists, as is the case, for example, for Great Britain, Canada and Israel.

When transferring data to service providers in the USA, the legal basis for the transfer of data is an adequacy decision by the EU Commission if the service provider has also certified itself under the EU US DataPrivacy Framework.

In other cases (e.g. if there is no adequacy decision), the legal basis for the transfer of data is usually standard contractual clauses, unless we provide any information to the contrary. These are rules adopted by the EU Commission and part of the contract with the respective third party. In accordance with Art. 46 para. 2 lit. b GDPR, they guarantee the security of data transfer. Many of the providers have provided contractual guarantees that go beyond the standard contract clauses, which protect the data beyond the standard contractual clauses. These include, for example, guarantees with regard to the encryption of data or with regard to a third party's obligation to notify data subjects when law enforcement agencies want to access data.

1.4. Storage period

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its purpose and the deletion does not conflict with any legal storage requirements. If the data is not deleted because it is necessary for other and legally permitted purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must store for commercial or tax reasons.

1.5. Rights of those affected

Data subjects have the following rights vis-à-vis us with regard to personal data concerning them:

● the right to information,

● Right to correction or deletion,

● the right to restrict processing,

● Right to Objection to processing,

● the right to data portability,

● Right to withdraw consent at any time.

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

1.6. Obligation to provide data

As part of a business relationship or other relationship, customers, interested parties or third parties must only provide us with the personal data that is necessary to establish, carry out and end the business relationship or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or provide a service or will no longer be able to carry out an existing contract or other relationship.

Mandatory information is marked as such.

1.7. No automatic decision-making in individual cases

In principle, we do not use fully automated decision-making in accordance with Article 22 GDPR to establish and carry out a business relationship or other relationship. Should we use these procedures in individual cases, we will inform you of this separately, provided that this is required by law.

1.8. contacting

When you contact us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) is stored by us in order to answer questions. The legal basis for processing is our legitimate interest (Art. 6 para. 1 p. 1 lit. f GDPR) to answer inquiries sent to us. We delete the data arising in this context after storage is no longer necessary, or restrict processing if there are legal storage obligations.

2. Data processing in the app

2.1. Download the app

Our app is available for download in Apple's App Store and Google's Play Store (hereinafter “Stores”). When users download the app, the required information is transferred to the stores, in particular the user name, email address and customer number of the account, time of download, payment information and the individual device ID. We have no influence on this data collection and are not responsible for it. We only process the data to the extent necessary to download the mobile app onto the user's mobile device.

2.2. hosting

Our app is hosted by the provider AWS. In doing so, the provider processes the personal data transmitted via the app, e.g. content, usage, meta/communication data or contact data. It is our legitimate interest to provide an app, so that the legal basis for data processing is Art. 6 (1) (f) GDPR.

2.3. Informational use of the app

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 Article 6 (1) (FDSGVO).

The data processed in this regard are:

● IP address

● Date and time of the request

● Time zone difference to Greenwich Mean Time (GMT)

● Content of the requirement (specific interface)

● Access status/HTTP status code

● Each amount of data transferred

● Operating system and its interface

● Operating system language and version

2.4. Access to features or data

The app requests the user's access to the functions of the device or to data on the device in order to be able to perform functions of the app. By allowing access, the user gives his consent to the associated data processing, so that the legal basis is Art. 6 (1) (a) GDPR. Users can withdraw their consent at any time by terminating access in the settings of the device. The revocation does not affect the lawfulness of processing up to the revocation.

The data processed or access functions used in this regard are

● Camera, existing photo shoots and location

● Apple Health.

2.5. Data processing to provide features

In the app, we process data to provide the user with functions of the app. The legal basis for processing is the user contract concluded with the user via the app.

The data processed in this regard is

● Universal unique identifier of the terminal device (UUID)

2.6. customer 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 via the account, so that the legal basis for processing is Art. 6 (1) (b) GDPR. We delete the data when users delete their user account.

2.7. single sign-on

Users can log in to our app using one or more single sign-on procedures. In doing so, they use the login details that have already been created for a provider. The prerequisite is that the user is already registered with the respective provider. When a user logs in using the single sign-on process, we receive information from the provider that the user is logged in to the provider and the provider receives the information that the user is using the single sign-on procedure in our app. Depending on the user's settings in their account on the provider's website, the provider may provide us with additional information. The legal basis for this processing is Art. 6 (1) (f) GDPR. We have a legitimate interest in providing users with an easy login option. At the same time, the interests of users are protected, as use is only voluntary.

The providers of the process (s) offered are:

● AppleInc., Infinite Loop, Cupertino, CA 95014, USA (privacy policy: https://www.apple.com/legal/privacy/de-ww/).

● Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (privacy policy: https://policies.google.com/privacy).

2.8. Buying goods or services

We offer to purchase goods or services via our app. In the ordering process or shipping, we include the following service providers, who only receive the personal data required in each case to provide a service. The data is processed to provide the contract concluded with the respective user (Art. 6 (1) (b) GDPR).

● StripePayments Europe, Ltd., Ireland

2.9. Third party tools

2.9.1. Google Analytics for Firebase

We use Google Analytics for Firebase for analysis and application development. The provider is Google Ireland Limited, GordonHouse, Barrow Street, Dublin 4, Dublin, D04e5w5, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times), contact data (e.g. email addresses, telephone numbers) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for processing is Article 6 (1) (a) GDPR. Processing is based on consent. Data subjects can withdraw their consent at any time, for example by contacting us using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of processing up to the revocation.

The data is deleted when the purpose of its collection has ceased to apply and there is no obligation to store it. Further information is available in the provider's privacy policy at https://firebase.google.com/terms/data-processing-terms/.

2.9.2. Firebase Crashlytics

We use Firebase Crashlytics for bug tracking in applications or websites and for repair management. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, D04e5w5, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

2.9.3. Amazon AWS

We use Amazon AWS for hosting. The provider is Amazon Web Services EMEA Sarl, 38 avenue John F. Kennedy, L-1855, Luxembourg. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for processing is Article 6 (1) (f) GDPR. We have a legitimate interest in maintaining a modern and cost-effective hosting environment.

The data will be deleted when the purpose of its collection no longer applies and there is no obligation to store it. Further information is available in the provider's privacy policy at https://aws.amazon.com/de/privacy/?nc1=f_pr.

2.9.4. Amplitude

We use amplitude for product analysis. The provider is Amplitude, Inc., 631 Howard St. Floor 5. San Francisco, CA 94105, USA. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

2.9.5. 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. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

2.9.6. Google Analytics

We use Google Analytics for analysis. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes meta/communication data (e.g. device information, IP addresses) in the USA.

The legal basis for the transfer to a country outside the EEA is an adequacy decision. The security of data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided, as part of an adequacy decision in accordance with Article 45 (3) GDPR, that the third country offers an adequate level of protection.

2.9.7. Intercom

We use Intercom to communicate with customers. The provider is Intercom R&D Unlimited Company, 2nd Floor Stephen Court, 18-21 St. Stephen's Green, Dublin, 2, Ireland. The provider processes content data (e.g. entries in online forms), 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 EU.
The legal basis for processing is Art. 6 (1) (a) GDPR. Processing is based on consent. Data subjects can withdraw their consent at any time, for example by contacting us using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of processing up to the revocation.
The data will be deleted when the purpose of its collection no longer applies and there is no obligation to store it. Further information is available in the provider's privacy policy at https://www.intercom.com/de/legal/privacy.

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3. Changes to this privacy statement

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 use the contact details provided above.

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