PRIVACY POLICY
Privacy policy
The following provisions describe the nature, scope and purpose of the collection, processing and use of personal data. This privacy policy applies only to our websites. If links on our pages link you to other pages, ask how your data will be handled in such cases.
What is personal information
“Personal data” is defined by law as “information about those affected whose identity is determined or determinable. “. These include, for example, information such as the name, address, e-mail address or other information that can be attributed to a specific natural person.
Responsible person: Smatterling GmbH
Contact: +43(0)6646146320
E-Mail: contact@smatterling.com
Adress: Promenade 25b, 4020 Linz, Austria
Data protection officer: Michael Schweiger
Email: michael@smatterling.com
Purposes of processing the data, as well as the legal basis and retention period
- Provision of the service
- Presentation and analysis of the website
- A contact form on the website
(1) Provision of the service
In order to provide the services described in the General Terms and Conditions by Smatterling, it is necessary to process personal data that the user provides during the registration process, among other things.
In the first free registration, the user is asked to provide certain minimum information, without whose the registration cannot be completed. These mandatory dates are:
- Gender
- E-mail address
- Password
Furthermore, as part of the registration already more information is asked, such as
- First given name
- Surname
- Date of birth
Smatterling connects via e-mail address specified by the user and the password selected by himself (so-called access data). The profile uses only the first name.
The following information is requested in the profile following the registration:
- Profile picture
- Age preference
Personal filter settings provided by a user for the online area are also saved – just to ensure that each user will find the personal filter settings again each time he starts a new session (i.e., every new login).
The legal basis for the processing of the data is the Smatterling contract (Art. 6 (1) b DSGVO) because the data are necessary for the performance of the contract.
Storage duration of this data
Smatterling stores the data during the user relationship. After the end of the user relationship, Smatterling stores the data for a period of 3 years due to legal claims and for a period of 7 years after the end of the fiscal year in which the booking was made to fulfil tax obligations, and moreover during the duration of ongoing proceedings. When the account is deleted, the data is accessed only in case of need.
These data are transmitted to the following recipient categories:
User interactions: Within the scope of use, each user has the option of viewing data about other users, like first name, name, age, gender, profile picture. If a user creates an event, then it is also clear who created the event, where the event takes place and also the participants in the event are visible to all other users. If a user receives Nectar, then it is obvious to the other users who distributed the Nectar, when the Nectar was distributed and for which event the user received Nectar. The profile also shows how much Nectar a user has already received.
The user data are passed on by us to authorities (eg tax office) and third parties commissioned by us (eg tax consultants, lawyers) in the context of contractual services of these recipients, if necessary.
A transfer of the data to third parties for their own purposes does not take place. It is not intended to transfer the data to recipients in a third country or to international organizations.
It is not required by law that the data must be provided by us. The data is required for the contract with Smatterling. If the data is not provided, then it is not possible to use the service of Smatterling.
There is no automatic decision making and Smatterling does not profile.
Revocation
If you have consented to Smatterling in individual cases (profile picture) for processing the data, you have the right to revoke the consent at any time without giving reasons.
(2) Presentation and analysis of the website
The processing of the data collected through the website is carried out for legitimate purposes (Art. 6 (1) lit. f DSGVO), namely to make the website safe and user-friendly. You have the right to deny the processing of the data for this purpose at any time.
By setting your own browser, you can prevent the use of cookies and the website analysis, and make use of your right of revocation.
The storage duration is indicated below each subitem.
Cookies
We use on our site so-called cookies to recognize multiple uses of our service by the same user. Cookies are small text files that are stored by your web browser and on your computer. They are used to optimize our website and our offers. These are so-called “session cookies”, which are deleted after the end of your visit.
However, these cookies sometimes provide information to automatically recognize you. This recognition is based on the IP address stored in the cookies. The information obtained in this way serves to optimize our offers and to give you easier access to our site.
Cookies are accepted by clicking on the “Alright-Button” or using the website. You can prevent the installation of cookies by setting your browser accordingly; however, we point out that in this case, you may not be able to fully use all functions of our website.
Cookies are stored for 1 month.
Use of Google Analytics with anonymization function
We use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereafter “Google”. Google Analytics uses so-called “cookies”, text files that are stored on your computer and thereby allow an analysis of the use of the website by you.
The information generated by these cookies, such as the time, location and frequency of your website visit, including your IP address, is transmitted to Google in the United States and stored there.
We use Google Analytics on our website with an IP anonymization feature. In this case, your IP address will already be shortened and thus anonymised by Google within member states of the European Union or in other contracting states of the agreement on the European Economic Area.
Google will use this information to evaluate your use of our site, to compile reports on our website activity, and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google.
Google does not claim to link your IP address to any other data provided by Google. You can prevent the installation of cookies by setting your browser software accordingly; however, we point out that in this case, you may not be able to fully use all functions of our website.
In addition, Google offers a deactivation option for the most popular browsers, giving you more control over what data Google collects and processes. If you enable this option, website visit information will not be sent to Google Analytics. This will exercise your right of opposition. Activation does not prevent information from being transmitted to us or any other web analytics services we may use. For more information about Google’s opt-out option and to enable this option, please visit the following link: https://tools.google.com
The data is stored for 14 months. There is an electronically documented order processing agreement with Google Inc.
Disallow Google Analytics to track me
Use of Google Maps
In our application, we use the Google Maps component of Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereafter “Google.”
Each time Google Maps is called, Google sets a cookie to process user settings and data when viewing the page that has the Google Maps component integrated. This cookie is usually not deleted by closing the browser but will expire after a certain amount of time unless it is manually deleted by you.
If you disagree with the processing of your data, you may disable the “Google Maps” service and prevent the transmission of data to Google in this way. To do this, you must disable the Java Script feature in your browser. In doing so you exercise your right of opposition. However, please note that in this case, you will not be able to use “Google Maps” or only to a limited extent.
Use of “Google Maps” and information obtained through “Google Maps” is subject to the Google Terms of Use
http://www.google.de/intl/de/policies
and the additional terms and conditions for “Google Maps”
The data is stored for the duration of the contractual relationship. In addition, these data are stored for 3 years on the basis of any claims for damages.
Use of Facebook components
We use components of the provider facebook.com on our site. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Each time you visit our website, which is equipped with such a component, this component causes the browser you are using to download a corresponding representation of the component from facebook. Through this process, Facebook is informed about which specific page of our website is currently being visited by you.
If you visit our page and you are logged in to facebook, facebook recognizes through the information collected by the component which specific page you are visiting and assigns this information to your personal account on Facebook. Click e.g. the “Like” button or make comments, this information will be transmitted to your personal account on Facebook and stored there. In addition, the information that you have visited our site will be forwarded to facebook. This happens regardless of whether you click the component or not.
If you want to prevent this transmission and storage of data about you and your behaviour on our website through Facebook, you must log out of Facebook before you visit our site. The data protection information provided by Facebook provides more detailed information, in particular on the collection and use of data by Facebook, about your rights in this regard as well as the setting options for protecting your privacy https://de-de.facebook.com/about/privacy.
In addition, there are external tools available on the market that can be used to block Facebook social plug-ins with add-ons for all major browsers http://webgraph.com/resources.
An overview of the Facebook plugins can be found at https://developers.facebook.com.
The data is stored for the duration of the contractual relationship. In addition, these data are stored for 3 years on the basis of any claims for damages.
Use of Instagram
We use the Instagram service on our website. Instagram is a service of Instagram Inc. With the integrated “Insta” button on our site, Instagram receives the information that you have accessed the corresponding page of our website. If you are logged in to Instagram, Instagram can assign this visit on our page to your Instagram account and thus link the data. The data transmitted by clicking on the “Insta” button are saved by Instagram. For more information about the purpose and scope of the data collection, how it is processed and used, your rights to do so, and ways to protect your privacy, see the Instagram Privacy Policy, which is available at https://help.instagram.com.
To prevent Instagram from associating your visit to our Instagram account, you must first sign out of your Instagram account before visiting our page.
The data is stored for the duration of the contractual relationship. In addition, these data are stored for 3 years on the basis of any claims for damages.
Use of Youtube
Our website uses plugins from the website YouTube. Site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
We use YouTube in enhanced privacy mode. This mode, according to YouTube, means that YouTube does not store information about visitors to this site before they watch the video. However, sharing data with YouTube partners is not necessarily excluded by the enhanced privacy mode. So, regardless of whether you watch a video, YouTube connects to the Google DoubleClick network.
Once you start a YouTube video on our website, it will connect to YouTube’s servers. It tells the YouTube server which of our pages you’ve visited. If you’re logged into your YouTube account, YouTube connects your browsing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.
In addition, after starting a video, YouTube may store various cookies on your device. With the help of these cookies, YouTube can receive information about visitors on our website. This information will be used to capture video statistics, improve usability, and prevent fraud. The cookies remain on your device until you delete them.
After the start of a YouTube video, there is the possibility that additional data processing operations may be triggered that we have no control over.
The use of YouTube is in the interest of an attractive presentation of our online offers. This constitutes a legitimate interest within the meaning of art. 6 1 lit. f GDPR.
For more information about privacy on YouTube, please see their privacy policy at: https://www.youtube.com/t/privacy_at_youtube.
(3) Contact
We offer you the opportunity to contact us by e-mail and/or via a contact form. In this case, the information provided by the user will be stored for the purpose of processing his contact.
The given data will be stored for a period of 3 years.
Rights of data subjects
These rights serve the transparency of the processing of personal data. The affected person should be able to inform himself and should also know by whom, how, in what way, why are processed.
The concerned persons have the following rights (in the context of the legal provisions against the responsible person:
- Right to confirmation
- Right to information
- Right to rectification
- Right to cancellation
- Right to a restriction of processing
- Right of withdrawal with a given consent
- Right to object to processing (only for legitimate interest)
- Right to data portability (only in case of contractual relationship or consent)
If the processing is based on the legal basis of the legitimate interest, then the data subject has a right to object. This right of objection and the concrete legitimate interest is pointed out in the context of the use of the data (eg website analysis). After a contradiction to a balance of interests between our interests (eg IT security) and the interests as well as the impairment of the rights and freedoms of the person are concerned. If the balance of interests is in our favour then the processing for the purpose will be done even after the contradiction.
The right of appeal to a supervisory authority:
You can complain to the supervisory authority if you believe your rights as a data subject are being breached. The supervisory authority in Austria is the Austrian Data Protection Authority (www.dsb.gv.at); however, they may also complain to any other supervisory authority, in particular to the authority in the Member State of their habitual residence, their place of work or the place of the alleged infringement (see in particular Art. 77 DSGVO).
The persons concerned may exercise all rights by sending an e-mail to contact@smatterling.com or by contacting them personally (eg by telephone or directly on site) or by sending a message by post or using the contact form on the website.
The data subjects must identify and contribute to identification to ensure that, in response to the exercise of the right, the person concerned is actually addressed.
Version 1.2
30.07.2018