We welcome you as a visitor to our website and thank you for your interest in our company and services. The protection of your privacy rights while using our services is very important to us. As the responsible legal entity and service provider, we, Bergandbed UG (Dürerstraße 93, D-68163 Mannheim), (hereinafter also referred to as „we“ or „apprack“) wish to inform you concerning the processing of your personal data and your rights as a user of the website https://apprack.io (hereinafter referred to as „apprack“).
Processing of your personal data takes place exclusively within the framework of the statutory provisions of the data protection law of the European Union, in particular the EU General Data Protection Regulation („GDPR“) and, additionally, the German Federal Data Protection Act (Bundesdatenschutzgesetz or „BDSG“) as well as other statutory provisions on data protection (together „Privacy Laws“).
Should you be interested in reviewing the GDPR, you you can acquaint yourself with the full text on the internet at: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679
1. Subject of data protection, legal basis and sources
The subject of data protection is personal data. Personal data is information about the personal and factual circumstances of a specific or identifiable natural person. Your personal data therefore includes all data that could allow someone to identify you, such as your name, address, telephone number or e-mail address. Personal data also includes information resulting from the use of our Website, such as the beginning, end and scope of use, or your IP address. For details on the personal data categories processed by us, see paragraph 2.
We process your data only if an applicable law allows this. The following are the primary legal basis for the processing of your data:
- Consent (Art. 6 (1) a GDPR): We will process certain data only on the basis of your prior explicit and voluntary consent. You have the right to revoke your consent at any time with effect for the future.
- Contract fulfillment or implementation of pre-contractual measures (Art. 6 (1) b GDRP): In particular for the initiation or execution of a contract with apprack, we require certain data from you.
- Fulfillment of a legal obligation (Art. 6 (1) c GDPR): In addition, we process your personal data in order to fulfill legal obligations, such as commercial and fiscal document retention requirements.
- Safeguarding of legitimate interests (Art. 6 (1) f GDPR): apprack will process certain data in order to safeguard its interests or those of third parties. This, however, only applies in individual cases if your interests do not predominate.
Please note that this is not a complete or exhaustive list of the possible legal basis, but is merely a list of examples with the purpose of making the data protection legal basis more transparent. For details on the legal basis of individual data processing cases on our Website, please refer to the passages below.
This personal data is derived from the following sources:
- Mostly from yourself, especially resulting from your contact requests, account registration, usage of the Website and information granted during the conclusion of a contract,
- From other business partners of our company in Germany and abroad as far as such partners need such information for providing accompanying services,
2. Data categories
We regularly process the following data categories pertaining to individuals:
- Basic data, in particular your name, title and, if applicable, your company.
- Contact details, in particular your e-mail address as well as possibly your postal address oe telephone number.
- Contract data, in particular data that you provide us with when opening an account or for the execution of a contract.
- Invoice and payment data, in particular details concerning your payment method and other data regarding payments and billing.
- Content data, in particular texts, photos and data contained in your correspondence with us.
- Usage data, in particular which pages of our Website you visit, the access times and your IP address.
3. Server log data
You can access the public part of our website prior registration and without giving any personal information. By visiting our website, the following information regarding your website access can be stored:
- IP address of the requesting device,
- file retrieved,
- http response code,
- the website from which you accessed our Website (referrer URL),
- date, time and time zone of the server request,
- browser type and version,
- operating system of the requesting device,
- search term with which the website was found, for example via Google.
We process this access data on the basis of Art. 6 (1) f GDPR in order to provide access to the Website and to ensure the technical operation and security of our IT systems. In doing so, we pursue our interest of enabling and sustaining the use of our Website and its technical functionality. This data is processed automatically when you access our Website. You cannot use our Website without this provision. We do not use this data for the purpose of drawing conclusions about your identity.
This automatically collected data is partially anonymized after seven days. The log files are deleted after nine weeks at the latest.
You cannot object to the collection and storage of your server access data as this information is essential for the smooth operation of the Website.
4. Communication by e-mail
If you contact us by e-mail, the collection, processing and use of your voluntarily communicated contact data (such as your name and e-mail address) occurs with the sole purpose of receiving, technically administering and, possibly, answering your request(s).
The processing of data, which is transmitted when contacting us by e-mail, occurs on the basis of Art. 6 (1) b GDPR when it involves the initiation of a contractual relationship or on the basis of Art. 6 (1) f GDPR. In the latter case, we have a legitimate interest in handling voluntarily transmitted contact requests.
We will delete the data that you provide as soon as the purpose of recording it no longer exists, unless their retention is necessary for the fulfillment existing statutory requirements.
Insofar as your data is processed on the basis of legitimate interests, you can object at any time to the storage of your personal data.
Since communication via e-mail does not take place via a secured data connection, please refrain from sending confidential information such as bank or credit card information. We recommend that you transmit confidential information in a secure way, such as by postal mail.
5. apprack Dashbaord
After registration, we allow you to access the password-protected developer area of our Website. Here, as a developer, you can create and manage websites for your apps, and manage the settings of our SDK for your apps.
Processing occurs for the purpose of providing contractual services on the basis of Art. 6 (1) b GDPR or Art. 6 (1) c GDPR, if data storage takes place in order to fulfill legal retention requirements. The information required for the registration is mandatory. In addition, you can provide voluntary information. Voluntary information is stored on the basis of Art. 6 (1) f GDPR, as we have a legitimate interest in processing data voluntarily provided by you. You may object to the processing of voluntarily provided data at any time.
If you as a customer have terminated your account, the relevant data will be deleted, unless their retention is necessary for commercial or tax reasons.
Regarding registration and logging in as a developer as well as the use of our dashboard, we reserve the right to record the IP address and time of each access event. Storage is based on our legitimate interest in protecting our Website against unauthorized use (Art. 6 (1) f GDPR). Transmission of this data to third parties will only occur if this is necessary for us to pursue our legal claims or if we are legally obliged to do so (Art. 6 (1) c GDPR).
With the login function „Remember me“ we intend to make visiting our Website as comfortable as possible. This feature allows you to use our Website without repeatedly logging in for each visit. We recommend that you do not use this function if your access device is used by others. Please note that if you use a setting in your browser that automatically deletes stored cookies after each session „Remember me“ feature will not be available.
Subscription based services
In order to enable you to subscribe to our services as well as administer their payment, we process your data.
Processed data can include basic data, contact details, contract data, invoice and payment data as well as usage data. Processing occurs for the purpose of providing contractual services regarding the operation of apprack.io, for billing, delivery and for the provision of customer services.
Processing occurs on the basis of Art. 6 (1) b GDPR (providing of contractual services) or Art. 6 (1) c GDPR, if data storage takes place in order to fulfill legal retention requirements. The information required for the contract justification and fulfillment is designated as mandatory. In addition, you can provide voluntary information. Voluntary information is stored on the basis of Art. 6 (1) f GDPR, as we have a legitimate interest in processing data voluntarily provided by you. You may object to the processing of voluntarily provided data at any time.
We transmit your data to third parties only for the purpose of providing our service, payment or, within the scope of our legal rights and obligations, e.g. to tax consultants, auditors and public authorities. Data will be processed in third countries only if this is necessary in order to fulfill the contract.
Data deletion takes place after expiry of our legal obligations regarding statutory warranties, statutes of limitations and document retention.
To process payments apprack optionally works with the payment service provider ChargeBee Inc, 340 S Lemon Avenu, #1537, Walnut, California 91789, USA.
If you choose this payment option, your payment data is transferred to the respective payment service provider for payment processing. We ourselves do not record your payment details. Data about your purchase cart and purchase progress may be recorded – even when you abandon the purchase – for statistical puposes.
For this reason, please take notice of the privacy and security information provided by ChargeBee: https://www.chargebee.com/privacy
The legal basis processing this data is Art. 6 (1) b GDPR, since payment processing is required in order to fulfill the contract with you.
Cookies are small data sets that our web server sends to your browser and which are saved on your device, provided the appropriate default settings of your device have not been changed. These can be used e.g. to determine if your device has already communicated with us. They thereby serve the purpose of making the use of our Website more comfortable and to optimize our services. Processing occurs on the basis of Art. 6 (1) f GDPR.
If you are against the use of essential Cookies (paragraph 6 (a)), you can choose „do not accept cookies“ in your browser settings. Please refer to your browser’s help function for instructions on technically managing and deleting Cookies in your browser settings.
In addition, you can technically manage and prevent the storage and use of all Cookies by using free browser plug-ins such as „Ghostery“ (ghostery.com).
Please note that if you prevent the storage of any Cookies, this may lead to functional limitations of the Website.
a) Essential Cookies
We use the following essential Cookies for the operation of our Website, for which we have a legitimate interest in storing and without which we would not be able to offer the use of our Website with certain basic functions (e.g. not requiring you to log in every time you open a new page):
- Purpose: Cookie for storing simple information, which can e.g. be viewed on a different page when submitting a form. Also for remembering that you are currently logged in.
- Storage time: Session
Essential Cookies can only be deactivated technically via your browser settings or browser plug-ins. This can lead to functional limitations of the Website.
b) Third-party Cookies
- Google Analytics
- Purpose: This web analytics service collects aggregate statistical information on the number of visitors to our website and their usage patterns, such as the duration and frequency of visits and pages visited.
- Storage time: 14 months
You can revoke your consent here: https://tools.google.com/dlpage/gaoptout
7. Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC („Google“). Google Analytics uses so-called cookies. The information generated by the cookie about your use of our website is usually transmitted to and stored by Google on servers in the United States. The legal basis is Art. 6 (1) a GDPR, since the processing of data is based on your consent. Google is certified under the EU-US Privacy Shield Agreement, thus providing a guarantee to comply with European data protection law.
On our behalf, Google will use this information to evaluate your use of the Website, to compile reports on Website activity, and to provide us with other services related to Website activity and internet usage. From the processed data, pseudonymous usage profiles can be created.
We deploy Google Analytics with IP anonymization activated. This means that the IP address of users is shortened by Google within member states of the European Union (EU) or in other contracting states of the Agreement on the European Economic Area (EEA). Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The IP address provided by your browser will not be merged with other data provided by Google.
The data will be deleted as soon as it is no longer needed for our storage purposes. In our case, this is usually after 14 months.
For more information concerning Google’s use of data as well as configuration and consent options, please visit Google’s websites using the following links:
- https://www.google.com/intl/de/policies/privacy/partners („How Google uses information from sites or apps that use our services“),
- https://www.google.de/settings/ads („Control the information Google uses to show you ads“).
8. Third-party services and content
On our Website, we use plug-ins from third-party providers to provide their content, such as maps or fonts (hereinafter collectively referred to as „Content“), and other services. The processing of your data takes place on the basis of our legitimate interests (Art. 6 (1) f GDPR) regarding the economic operation, optimization (especially regarding user-friendliness) and usage analysis of our Website as well as the security of our technical systems.
Third-party Content providers will always be aware of your IP address, as they would not be able to transfer the content to your device without your IP address. The IP address is required for the presentation of the Content. Also, if you have consented to the use and storage of third-party Cookies, third-party Cookies may be stored on your device.
We integrate web-fonts called Google Fonts from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, into our Website. For more information concerning Google’s use of data as well as configuration and consent options, please visit Google’s websites using the links listed in paragraph 7.
9. Links to social networks and platforms
From our Website, we may link to social networks and platforms such as Facebook, Twitter, Instagram, etc., without integrating their plug-ins into our Website. As long as you do not click the link of the respective provider on our Website, there will be no data transmission to the provider. After clicking one of the links, however, you will leave our Website and your data will be sent to the appropriate provider, even if you are not logged in to the provider’s website.
These social networks and platforms are each offered by the following providers:
- Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“).
- Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA („Twitter“).
- Instagram is operated by Instagram, LLC, 1601 Willow Road, Menlo Park, CA 94025, USA („Instagram“), a subsidiary company belonging to Facebook Inc.
- Google Plus is operated by Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“).
- Youtube is operated by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA („Youtube“), a subsidiary company belonging to Google LLC.
For more information concerning the purpose and scope of data collection, its further processing and use of the data by Facebook, Twitter, Google, Youtube and Instagram as well as your rights in this regard and available configuration settings to protect your privacy, please refer to the respective Privacy policies of the providers:
10. Recipient of personal data
Your personal data will only be forwarded by us to external recipients if this is necessary for processing or handling your request, or we have your consent, or any other legal provision allows us to do so.
In particular, external recipients can be:
- Processors: These are service providers that we ourselves use to provide our services, for example, regarding the technical infrastructure and maintenance of our Website. Such processors are carefully selected and regularly reviewed by us to ensure that your privacy is preserved. These service providers may only use your data for the purposes specified by us and in accordance to our instructions. In compliance with the statutory requirements of Art. 28 GDPR, we are entitled to use such processors.
- Public bodies: These are public authorities, state institutions and other public entities, such as supervisory authorities, courts, prosecutors or tax authorities. Personal data will only be relayed to such public authorities for legally binding reasons. Here, the legal basis for relaying such data may be Art. 6 (1) c GDPR.
- Private agencies: Service providers and assistants to whom data is relayed on the basis of a legal obligation or for the safeguarding of legitimate interests, such as shipping service providers, payment service providers, tax consultants or event organizers. In this case the legal basis for relaying such data is of Art. 6 (1) b, c and/or f GDPR.
11. Data processing in third countries
Provided that we transmit your data to third countries outside the EU or the EEA, as described above, we ensure that, notwithstanding legally permitted exceptions, the recipient either has an adequate level of data protection or your consent to the transfer of data. An appropriate level of data protection is ensured, for example, by an EU-US Privacy Shield certification of the recipient, the conclusion of EU standard contractual clauses or the existence of so-called Binding Corporate Rules (BCR).
12. Storage time
We only store your personal data for as long as this is necessary for purpose fulfillment or – in the case of consent – as long as you do not revoke your consent. In the event of a disagreement, we will no longer process your personal data, unless its processing is permitted or even required by relevant statutory provisions (for example, regarding commercial and tax-related retention obligations). We will also delete your personal data if we are obliged to do so for legal reasons.
In addition, please refer to the storage period details regarding your personal data in the respective statements in preceding paragraphs.
13. Your rights
As a data subject, you have many rights. Specifically, these are the following:
- Right to information (Article 15 GDPR): You have the right to obtain information about the data we have stored about you.
- Right to rectification and cancellation (Articles 16 and 17 GDPR): You may request the correction of incorrect data and, insofar as the legal requirements are met, the deletion of your data.
- Right to restriction of processing (Article 18 GDPR): You can demand from us – as far as the legal requirements are met – that we limit the processing of your data.
- Right to data portability (Article 20 GDPR): If you have provided us with data based on a contract or your consent, you may, if the legal conditions are met, require that you receive the data you provide in a structured and standardized format or that we forward it to another responsible entity.
- Right to object to data processing based on legitimate interests (Article 21 GDPR): You have the right, for reasons arising from your particular situation, to object to our data processing at any time, insofar as these are based on legitimate interests within the scope of Art. 6 (1) GDPR. If you make use of your right to object, we will stop processing your data, unless we can provide compelling legitimate reasons for further processing, which outweigh your rights.
- Revocation of consent (Article 7 GDPR): If you have consented to the processing of your data, you can revoke it at any time with effect for the future. Your revocation does not affect the legality of hitherto completed data processing operations. If you wish to revoke your consent to the use of certain cookies, please refer to the information in paragraph 6.
- Right to lodge a complaint with a supervisory authority (Article 77 GDPR): If you believe that the processing of your data violates applicable law, you can also lodge a complaint with the responsible supervisory authority. You may choose to contact either the Data Protection Authority responsible at your place of residence, your place of employment, or the location of the alleged breach, or the Data Protection Authority responsible for us. In our case, the supervisory authority responsible for data protection is the State Representative for Data Protection and Freedom of Information in Baden-Wuerttemberg (LfDI), accessible at Königstrasse 10a, 70173 Stuttgart, Tel: +49 711 615541-0, Fax: +49 711 615541-15, E-Mail: [email protected], Website: http://www.baden-wuerttemberg.datenschutz.de
If you have any questions regarding the processing of your personal data, your rights or any consent given, we will be pleased to assist you. You can contact us under the communication channels mentioned in paragraph 14. Please also contact us directly to exercise your data protection rights.
You can reach us with any questions or issues using the following:
Bergandbed UG (haftungsbeschränkt)
E-Mail: [email protected]
See also the imprint.
We take technical and organizational security measures to protect your personal data against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. These security measures are adapted according to the current state of the art.
Your personal data transmitted as part of the use of our Website is securely transmitted using encryption. We use the encryption protocol Transport Layer Security (TLS), which is more widely known under the predecessor name Secure Sockets Layer (SSL).
Last Updated on 9 November 2018