Privacy Policy

As of August 27, 2022

The protection of the personal data of users is of great importance to the CodeKonditor UG (haftungsbeschränkt), hereinafter referred to as "CodeKonditor". This Privacy Policy is intended to educate you about the collection, processing andstorage of personal information that results from your use of our software applications ("apps") and web sites (collectively referred to as "the offer"). Unless otherwise stated, the following information refers to our offer in general.

In the collection, processing and storage of personal data, we comply with the statutory provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) of the Federal Republic of Germany, as well as to the General Data Protection Regulation (GDPR) of the European nion.

The collection, processing and storage of personal data always takes place under the principle of data avoidance, data transparency and data security

The responsible entity within the meaning of the General Data Protection Regulation and the data protection law applicable in the Federal Republic of Germany is the

CodeKonditor UG (haftungsbeschränkt)
Rombacher Straße 115
73430 Aalen
Germany

E-Mail: privacy@codekonditor.com

1. General information about the data processing

1.1 Definitions

Our privacy policy is based on the terms listed and explained in Article 4 of the GDPR. For the purposes of this regulation, the term

„personal data“ means any information relating to an identified or identifiable natural person („data subject“); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

„processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

„restriction of processing“ means the marking of stored personal data with the aim of limiting their processing in the future;

„profiling“ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person“s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

„controller“ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

„processor“ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

„recipient“ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

„third party“ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

„consent“ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject“s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

„enterprise“ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;

„supervisory authority“ means an independent public authority which is established by a Member State pursuant to Article 51 of the GDPR;

„information society service“ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council;

„international organisation“ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

1.2 Scope of the collection, processing and storage of personal data

Personal data about you will only be collected, processed and stored by us if this is permitted or required by law or if you have expressly consented to the data collection. The collected data will only be processed by CodeKonditor to the extent that this is absolutely necessary for the correct functioning of our offer, is legally permissible and desired by you.

2. What information is collected and how is it used?

2.1 Data collected when using our websites

Each time you access our web pages, our system automatically collects various data from the calling computer. These data include, but are not limited to, the name of the retrieved web page, which file was retrieved, the date and time of the retrieval, the amount of data transmitted, a message that the retrieval was successful, the type and version of the browser you are using, your operating system, possibly the referrer URL (the previously visited page), your IP address, as well as your Internet service provider and other similar information that serves to guard against dangers in the event of an attack on our systems. This data is stored in the log data of our system. We use this log data only for statistical evaluations for the purpose of operation, safety and optimization of our offer. An evaluation of the data for marketing purposes does not take place in this context. A storage of this data together with other personal data of you also does not take place. The data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

Cookies

Our websites currently do not store cookies on your computer. If we use cookies in the future, we will of course inform you in this privacy policy.

Analytics tools

Our websites currently do not use analytics tools such as Google Analytics. If we use analytics tools in the future, we will, of course, inform you about this in our privacy policy.

2.2 Data collected when contacting us

When contacting us (for example via contact form or e-mail), your data transmitted to us will be stored for the purpose of processing your request as well as in case of follow-up questions. There is no disclosure of this data to third parties.

Please note that e-mails sent unencrypted to us may possibly be read by third parties during transmission. We usually can not verify your identity and we do not know who is behind an email address. A legally secure communication by simple e-mail is therefore not guaranteed. We also use filters against unwanted advertising (so-called "SPAM filters"), which in rare cases also automatically classify and delete normal e-mails as unwanted advertising. E-mails containing harmful programs ("viruses") will be automatically deleted by us in any case.

If you would like to send us messages that you would like to protect, we recommend encrypting and signing them to prevent unauthorized access or falsification in the transmission path or to send the message to us by conventional mail. The PGP key identifier of our contact address mail@codekonditor.com is 3A975A479A8D04AA.

2.3 Data collected when using our apps

All data collected, processed and stored using our apps always has the clear purpose of providing a specific feature within our apps. During installation, our apps may request specific access permissions. Our apps never claim more privileges than is strictly necessary to properly deliver their functionality. Here are some of the permissions our apps require and what they are necessary for.

Location data

Some of our applications detect and use the exact location of the user, e.g. via GPS or similar technologies. This information is necessary for the correct operation of the application, e.g. to show you your current position on a map. If you do not want that, you can turn off location services in your device.

Camera

Some of our applications use the camera (s) in your mobile device (smartphone or tablet PC). This is necessary for the correct functioning of the application, for example, to display a camera image of your environment in which an object is displayed (so-called Augmented Reality). The images recorded by the camera are processed exclusively locally on your device and (if at all) stored only locally on your device. Further use of the pictures taken by the camera does not take place.

Storage

Some of our applications can access the storage of your mobile device. This permission is necessary and will be used exclusively to allow you to set your own picture as wallpaper in some of our "live wallpaper" apps. An additional use of the authorization does not take place.

3. Transfer of data to third parties

In order to be able to offer you the best possible user experience, we use the integration of third-party services in our offer. The third-party providers must agree to the restrictions of the GDPR on access, storage and use of personal data. Where necessary, we make contractual agreements (e.g. through an agreement on data processing) and appropriate technical measures to prevent possible misuse of such data by third parties. However, we cannot guarantee that all third-party providers comply with these restrictions and agreements. Transmission to third parties takes place exclusively via a TLS/SSL-encrypted connection. Below is a breakdown of where we use third party services, along with a link to the privacy policy of that third party:

Google
https://www.google.com/policies/privacy
Providing an interactive map in our AR GPS Compass Map 3D app

Sendinblue
https://de.sendinblue.com/legal/termsofuse/
Dispatch of our newsletter, which can be subscribed to on our website.

4. Data erasure and storage duration

Personal data of users will be deleted or blocked as soon as the purpose of the storage is no longer existent. It may also be stored if provided for by the European or national legislator in EU regulations, laws or other regulations to which we are subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.

5. Security of data

CodeKonditor uses appropriate technical and organizational security measures to protect users' personal data stored on its products against manipulation, loss and unauthorized access by third parties. In addition, we are constantly improving our security measures in line with technical developments. Although we make every effort to protect our systems, there can be no assurance that our systems will be 100% immune from misconduct, malfunction, improper interception or access, or other types of misuse.

6. Newsletter

If you would like to subscribe to the newsletter offered on our website, we need an e-mail address from you as well as information that enables us to verify that you are the owner of the e-mail address provided and that you agree to receive our newsletter . Further data is not collected or only collected on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data that you enter in the newsletter registration form takes place exclusively on the basis of your consent in accordance with Article 6 Paragraph 1 lit. a of the GDPR. You can revoke your consent to the storage of the data, the e-mail address and their use for sending our newsletter at any time, e.g. via an "unsubscribe" link that you will find in each of our newsletters. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

The data you have stored with us for the purpose of your newsletter subscription will be stored by us or our processor for sending the newsletter until you unsubscribe from our newsletter. The data will be deleted after you unsubscribe from the newsletter or after it no longer serves a purpose. In addition, we reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Article 6 Paragraph 1 lit. f of the GDPR. This does not affect data stored by us for other purposes.

If you unsubscribe from our newsletter, your e-mail address may be stored in a blacklist by us or by our processor, if this is necessary to prevent future mailings to this e-mail address. The data on this blacklist is used exclusively for this purpose and is not merged with other data. This serves both your interest and our legitimate interest in complying with the legal requirements when sending newsletters in accordance with Article 6 Paragraph 1 lit. f of the GDPR. Storage in the blacklist is unlimited in time. You can object to the storage if your interests outweigh our legitimate interests.

We use Sendinblue (Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin) as our marketing platform. By completing and submitting the form, you confirm that the information you have provided will be sent to Sendinblue for processing in accordance with the terms of use.

7. Your rights

7.1 Right of access by the data subject

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data orrestriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

7.2 Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

7.3 Right to erasure („right to be forgotten“)

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
2. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
3. the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
4. the personal data have been unlawfully processed;
5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); GDPR
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 GDPR is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defence of legal claims.

7.4 Right to restriction of processing

The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject“s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

7.5 Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
1. the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
2. the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to paragraph 1 GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17 GDPR. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

7.6 Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. 2The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.7 Automated individual decision-making, including profiling

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Paragraph 1 shall not apply if the decision:
1. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject“s rights and freedoms and legitimate interests; or
3. is based on the data subject“s explicit consent.
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject“s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(2)1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject“s rights and freedoms and legitimate interests are in place.

7.8 Right to withdraw consent

The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.

8. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Article 6 (1) (a) of the GDPR serves as the legal basis.

The processing of personal data necessary for the performance of a contract to which the data subject is a party is the legal basis of Article 6 (1) (b) of the GDPR. This also applies to processing operations required to carry out pre-contractual actions.

Insofar as it is necessary to process personal data in order to fulfill a legal obligation that our company is subject to, Article 6 (1) (c) of the GDPR serves as the legal basis.

In the event that vital interests of the data subject or any other natural person require the processing of personal data, Article 6 (1) (d) of the GDPR shall serve as the legal basis.

If the processing is necessary to safeguard the legitimate interests of our company or a third party and the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the former interest, then Article 6 (1) (f) of the GDPR serves as the legal basis for the processing.

9. Contact us

If you have any questions regarding the processing of your personal information, or you wish to avail yourself of one or more of the rights listed in Section 6, you can always contact us. We are also available to you in case of requests for information or complaints:

CodeKonditor UG (haftungsbeschränkt)
Rombacher Straße 115
73430 Aalen
Germany

E-Mail: privacy@codekonditor.com

10. Changes to our privacy policy

Our privacy policy may be updated by us at our sole discretion from time to time. You can see the current version on this page. We encourage you to visit this page regularly to ensure that you are aware of any changes made to this privacy policy. Should there be any differences in meaning between the English and the German version due to the translation, the German version of this privacy policy will prevail.

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