Preamble This service (hereinafter "app") is provided by the
CLIQup Social UG
Tabbertstr. 6C, 12459 Berlin
E-Mail: [email protected]
When you use the app, we process personal data about you. Personal data is understood to mean all information that relates to an identified or identifiable natural person. Because the protection of your privacy when using the app is important to us, we would like to inform you with the following information about which personal data we process when you use the app and how we handle this data. In addition, we will inform you about the legal basis for the processing of your data and, insofar as the processing is necessary to safeguard our legitimate interests, also about our legitimate interests. You can access this data protection notice at any time under the menu item “Privacy Policy” within the app.
1. Information about the processing of your data Certain information is processed automatically as soon as you use the app. In the following, we have listed for you which personal data is processed: 1.1 Information that is collected during the download When you download the app, certain required information is transmitted to the app store you have selected (e.g. Google Play or Apple App Store), in particular the username, email address, customer number of your account, the time of the download, payment information as well as the individual device code can be processed. The processing of this data takes place exclusively through the respective app store and is beyond our sphere of influence. 1.2 Information that is collected automatically As part of your use of the app, we automatically collect certain data that is required for the use of the app. These include: • • IP address • • Date and time of the request • • Time zone difference to Greenwich Mean Time (GMT) • • Content of the request (specific page) • • Access status / HTTP status code • • amount of data transferred in each case • • Website from which the request came • • Browser • • Operating system and its interface • • Language and version of the browser software.
This data is automatically transmitted to us, but not stored, (1) to provide you with the service and the associated functions; (2) to improve the functions and features of the app and (3) to prevent and eliminate misuse and malfunctions. This data processing is justified by the fact that (1) the processing is necessary for the fulfillment of the contract between you as the data subject and us in accordance with Art. 6 Para. 1 lit. b) GDPR to use the app, or (2) we have a legitimate interest have to ensure the functionality and error-free operation of the app and to be able to offer a market and interest-based service that outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 Para. 1 lit.f) GDPR . 1.3 Creation of a user account (registration) and registration If you create a user account or log in, we will use your access data (email address, first name, username, password, date of birth, gender, profile picture, location, search filter - maximum distance to other users and selection of three values that are relevant for you personally in a Friendship count), to grant you access to your user account and to manage it ("mandatory information"). Mandatory information is required for the conclusion of the user contract. If you do not provide this information, you will not be able to create a user account. In addition, you can voluntarily provide the following information when registering: • • Selection of five categories that are of interest (from a given selection) • • Bio, Education, Career, Personality and Topics of interest We use the mandatory information to authenticate you when you log in and to follow up on requests to reset your password. In addition, mandatory information serves as the minimum amount of information every user has to provide in order to get value from the App. The data you enter during registration or a login will be processed and used by us, (1) to verify your authorization to manage the user account; (2) to enforce the terms of use of the app as well as all related rights and obligations and (3) to contact you to send you technical or legal notices, updates, security messages, other messages concerning the administration of the user account or any other communication as we deem fit. We use voluntary information in order to display it in accordance with the settings you have made in the app and to make it available to other users of the app at your request. Your data will be treated confidentially and deleted by us if you revoke the rights of use or are no longer required to provide the services and there are no legal retention requirements. This data processing is justified by the fact that (1) the processing is necessary for the fulfillment of the contract between you as the data subject and us in accordance with Art. 6 Para. 1 lit. b) GDPR to use the app, or (2) we have a legitimate interest have to ensure the functionality and error-free operation of the app, which outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 Para. 1 lit. f) GDPR. 1.4 Use of the app As part of the app, you can enter, manage and edit various information, tasks and activities. This information includes, in particular, data on activities and hobbies, as well as information about hangouts and events you decide to create. Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services. 3
CLIQup for Business For Businesses that register on CLIQup, we process information about your Business details such as Business name, email address, website and telephone number. In addition, we collect information about offers you create as well. When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information. The app also requires the following permissions: • • Internet access: This is required to save your entries on our servers. • • Photo library: This is required so that you can take profile pictures and save them in the app and on our servers. • • Positioning (location data): This is required so that you can see which potential friend has set her location in your immediate vicinity or away from you. Location is also important to be able to get invitation to activities shared around you. The location is recorded using GPS and can also be used in the background if granted the permission to do so. If not, we will only use the location data only once and use that as your primary location. However, this can affect your ability to receive relevant and up to date Cliq and Activity invitations.
1.5 Contact When you contact us via e-mail, we will save your e-mail address and, if you provided us, your name and telephone number in order to answer your questions. We delete the data arising in this context after storage is no longer required or - in the case of statutory retention requirements - restrict processing. The processing and use of usage data takes place in order to provide the service. This data processing is justified by the fact that the processing is necessary for the fulfillment of the contract between you as the data subject and us in accordance with Art. 6 Para. 1 lit. b) GDPR for the use of the app.
2. Disclosure and transfer of data In addition to the cases explicitly mentioned in this data protection notice, your personal data will only be passed on without your express prior consent if it is legally permissible or necessary. This can be the case, among other things, if the processing is necessary to protect the vital interests of the user or another natural person. 2.1 If it is necessary to investigate illegal or improper use of the app or for legal prosecution, personal data will be forwarded to the law enforcement authorities or other authorities and, if necessary, to third parties or legal advisers. However, this only happens if there are indications of illegal or abusive behaviour. A transfer can also take place if this serves to enforce terms of use or other legal claims. We are also legally obliged to provide information to certain public bodies upon request. These are law enforcement authorities, authorities that prosecute administrative offenses and the tax authorities. Any transfer of personal data is justified by the fact that (1) the processing is necessary to fulfill a legal obligation to which we are subject in accordance with Art. 6 Para. 1 lit.f) GDPR in conjunction with national legal requirements for the transfer of data to law enforcement authorities, or (2) we have a legitimate interest in passing on the data to the named third parties if there are indications of abusive behavior or to enforce our terms of use, other conditions or legal claims and your rights and interests in the protection of your personal data within the meaning of Art . 6 para. 1 lit.f) GDPR do not prevail. 2.2. In the IT area, we work with contract processors (Art. 28 GDPR) who process your data on our behalf. If we commission service providers to fulfill our tasks, we always observe the data protection regulations; in particular, data is only passed on after contract processing has been concluded. Any transfer of personal data is justified by the fact that (1) we have a legitimate interest in passing on the data for administrative purposes within CLIQup and your rights and interests in the protection of your personal data within the meaning of Art. 6 Para lit. 2.3 As part of the further development of our business, the structure of our company may change by changing the legal form, establishing, buying or selling subsidiaries, parts of companies or parts of the company. In such transactions, the customer information may be passed on together with the part of the company to be transferred. Whenever personal data is passed on to third parties to the extent described above, we ensure that this is done in accordance with this data protection notice and the applicable data protection law. Any transfer of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances if necessary and your rights and interests in the protection of your personal data within the meaning of Art. 6 Para. 1 lit. f) GDPR do not predominate.
3. Data transfers to third countries If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place • • if it is necessary to fulfill our (pre) contractual obligations, • • based on your consent, • • due to a legal obligation or • • happens on the basis of our legitimate interests.
Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, in compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
4. Changes in purpose Your personal data will only be processed for purposes other than those described if a legal provision allows this or you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you about these other purposes before further processing and provide you with all other relevant information.
5. Period of data storage We delete or anonymize your personal data as soon as they are no longer required for the purposes for which we collected or used them in accordance with the preceding paragraphs. As a rule, we store your personal data for the duration of the usage or contractual relationship via the app plus a period of 7 days, during which we keep backup copies after deletion, unless this data is used for criminal prosecution or for backup, Assertion or enforcement of legal claims are required longer. Specific information in this data protection notice or legal requirements for the storage and deletion of personal data, in particular those that we have to keep for tax reasons, remain unaffected.
6. Social media fan pages CLIQup is active and present within social networks and platforms in order to communicate with interested parties and to inform them about further offers and advantages. In order to comply with the required transparency obligation, we will inform you here about the processing and use of your personal data, as far as we know and can influence it.
6.1. Instagram We operate on the social networks of Facebook and Instagram (so-called "fan pages") in joint responsibility with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (Facebook) in order to communicate with followers (such as e.g. our users) and to inform them about our promotions. You can view the agreement with Facebook here: https://www.facebook.com/legal/terms/page_controller_addendum. We can receive statistics from Facebook about the use of our fan pages (e.g. information on number, names, interactions such as likes and comments as well as summarized demographic and other information or statistics). You can find more detailed information on the type and scope of these statistics in the Facebook page statistics notes and further information on the respective responsibilities can be found in the Facebook page insights supplement. The legal basis for this data processing is Article 6 (1) lit.f) GDPR based on our aforementioned legitimate interest. We have no influence on data that Facebook processes under its own responsibility in accordance with Facebook's terms of use. However, we would like to point out that when you visit the fan pages, data on your usage behavior is transferred from Facebook and the fan pages to Facebook. Facebook itself processes the aforementioned information in order to compile more detailed statistics and for its own market research and advertising purposes, over which we have no influence. You can find more information on this in Facebook's data policy. Insofar as we receive your personal data when operating the fan pages, you are entitled to the rights mentioned in this data protection notice. If you also want to assert your rights against Facebook, the easiest way to do this is to contact Facebook directly. Facebook knows both the details of the technical operation of the platforms and the associated data processing as well as the specific purposes of the data processing and can implement appropriate measures on request if you make use of your rights. We are happy to support you in asserting your rights, as far as we can and forward your inquiries to Facebook. Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 . Further information and the applicable Facebook data protection regulations can be found at https://de-de.facebook.com/about/privacy/ . 6
7. Your rights as a data subject 7.1 Right to information You have the right to request information from us at any time about the personal data relating to you processed by us within the scope of Art. 15 GDPR. To do this, you can send us an application by post or email to the address given below. 7.2 Right to correct incorrect data You have the right to request us to correct the personal data concerning you immediately if they are incorrect. To do this, please use the contact addresses given below. 7.3 Right to erasure You have the right, under the conditions described in Art. 17 GDPR, to request that we delete your personal data. In particular, these requirements provide for a right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the member state to which we are subject. For the period of data storage, see also section 5 in this data protection notice. To exercise your right to deletion, please use the contact addresses given below. 7.4 Right to restriction of processing You have the right to demand that we restrict processing in accordance with Art. 18 GDPR. This right exists in particular if the correctness of the personal data is disputed between the user and us, for the period that requires checking the correctness, as well as in the event that the user requests restricted processing instead of deletion with an existing right to deletion ; also in the event that the data is no longer required for the purposes we are pursuing, but the user needs it to assert, exercise or defend legal claims and if the successful exercise of an objection between us and the user is still controversial. To exercise your right to restriction of processing, 7.5 Right to data portability You have the right to receive the personal data concerning you that you have provided to us in a structured, common, machine-readable format in accordance with Art. 20 GDPR. In order to assert your right to data portability, please use the contact addresses given below.
8. Right to Object You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data concerning you, which is based on Art. 6 Para. 1 lit. e) or f) GDPR, according to Art. 21 To insert GDPR. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. 7
9. Right to complain You also have the right to contact the responsible supervisory authority in the event of complaints. The competent supervisory authority is: State Commissioner for Data Protection and Freedom of Information Baden-Württemberg Königstraße 10 a, 70173 Stuttgart, Tel: 0711 6155410, Email: [email protected]
10. Contact If you have any questions or comments about how we handle your personal data, or if you would like to exercise the rights listed under sections 7 and 8 as a data subject or ask questions about our data protection, please contact us at [email protected] with the subject "Data protection". If you have any questions or comments about the practical handling and operation of the app or if you have any support questions, please contact [email protected].
11. Changes to the data protection notice We always keep this data protection notice up to date. We therefore reserve the right to change it from time to time and to update changes in the collection, processing or use of your data. The current version of the data protection notice is always available under "Privacy Policy" within the app.
Status: August 2022