Data protection declaration and legal notes

Use of cookies

Definition of cookies

Cookies are small text files which are stored in your browser. These are downloaded to your browser the first time you visit our website. When you visit the website again with the same device or browser, the cookie and the information saved there are either sent back to the relevant website which created them (first party cookie) or to another website to which it belongs (third party cookie). This is how the system recognises that the website was opened by the browser in question and uses this status to change how content is displayed. Cookies “remember”, for example, your preferences, tell you how to use a page and also partly individually adapt the offers shown.

Functionally necessary cookies

We use cookies for the purpose of communicating messages and provision of the services you desire. The data processing activities resulting from the use of cookies are based on our legitimate interest in provision of a fully functioning website and the services you desire (Art. 6 Para. 1 letter f GDPR, § 96 Para. 3 TKG).

Other cookies

In addition, based on our legitimate interest, we use cookies for purposes of analysis which helps us improve our website and our services (Art. 6 Para. 1 letter f GDPR, § 96 Para. 3 TKG). Here, the IP address is anonymised using abbreviation, which excludes any establishment of a direct relationship to the person. These cookies are not places when the browser setting “do not track” is active.

Besides that, if you have given your consent, the Facebook Pixel will be implemented on this website (also see „interest based advertising“)

Here you will also have the option to prevent the functionality of the cookies.

Matomo

Your cookies settings on this website

If you would like to limit or completely block cookies, you can change the settings in your browser. Cookies already stored can be deleted at any time. If cookies are de-activated for our website, it is possible that all functions of the website may not be usable to their full extent.

You will find the process for managing and deleting cookies in your browser’s help function. You will find more detailed information about this process at the following links:

Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647

Safari: https://support.apple.com/kb/ph21411?locale=de_DE

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies

Opera: http://help.opera.com/Windows/10.20/de/cookies.html

Newsletter

Purpose

Bike Citizens processes the email you have indicated for purposes of sending the relevant subscribed newsletter.

We process information your have supplied in order to give you targeted information, such as

• personal communication in the newsletter (title, name)
• communication of relevant information specially for you segmented by language, state or city, gender, interests.

Moreover, we measure the performance of the newsletter, by processing whether the newsletter was opened (yes/no) (“opening rate”), information relating to which parts of the newsletter were clicked on (“click behaviour) as well as information about technical delivery of the newsletter (“bounces”, e.g. non-deliverability due to missing email address). This data is generated by the system.

Legal basis

Your email address is based on the consent you have given in accordance with § 107 Telecommunications Act and Art. 6 Para. 1 letter a GDPR. You have the right to withdraw your consent at any time. To withdraw your consent, please click on the unsubscribe link in the newsletter in question or contact Bike Citizens (for legal remedies and contact data, see below).

We base processing the information you have supplied voluntarily and collection of data for measurement of performance on the legitimate interests of Bike Citizens (Marketing purposes; Art. 6 Para. 1 letter f GDPR).

After you unsubscribe from the newsletter, your consent declaration will continue to be stored based on legitimate interests (Art. 6 Para. 1 letter f GDPR). The legitimate interests of Bike Citizens lie in the required documentation of the consent you have given for purposes of proof.

You give Bike Citizens your data voluntarily, without a statutory or contractual obligation. However, it is necessary to process your email address, in order to carry out despatch of the relevant newsletter. If the email address is not supplied, this means that Bike Citizens cannot send you the newsletter. If the “voluntary information” is not given, this means that we cannot give you targeted information; however, we will naturally continue to send you the newsletter.

Saving and deletion

Your subscription cancellation from the newsletter will be noted automatically in the newsletter database. This note means that you will no longer receive newsletters from the time you unsubscribe. Your data will de deleted permanently within three months of the day you unsubscribe, unless deletion is prevented by a statutory storage period, and we do not need the data in an individual case to defend or assert legal claims.

Consent for receipt of the newsletter will be stored for a period of 3 months after cancellation of the subscription to the newsletter.

Data for performance measurement will be saved for a period of 3 months and then anonymised.

Recipients

The data is processed via our server infrastructure service provider and our email provider. In addition, we use specialist suppliers to despatch newsletters.

Contact questions using forms, email or telephone

Purpose

If you contact us via the contact form, email, or by telephone, in each case we collect and process your name, contact data, the issue you have raised with us and any data which you give us by uploading or attaching documents. The purpose of data processing is the response to your contact question.

Legal basis

The data is processed based on the legitimate interest of Bike Citizens in communication with websites and app users (art. 6 Para. 1 letter f GDPR).

Saving and deletion

Bike Citizens deletes or anonymises your personal data once the achieving the purposes for which it was collected and processed are no longer required, and where there are no other statutory obligations for continued storage. Obligations for proof and storage arise, in particular from company, share and tax law as well as money laundering regulations. In addition, Bike Citizens stores that personal data which is required for any assertion, resistance or defense of legal claims and their implementation in official or legal proceedings. This storage is carried out until expiry of the relevant applicable period of limitation or conclusion of the legally applicable process.

Recipients

The data is processed via our server infrastructure service provider and our email provider.

Mobile applications (“apps”) and associated data processing

Basic app functions

Scope of data processing

The following data is collected:

• Device recognition
• Device information including device model, operating system version, app version installed, language used
• Connection data including IP addressLocation data
• Data regarding activated features

Legal basis for data processing

The legal basis for storing this data is provision of our services as part of contract fulfilment (Art. 6 Para. 1 letter b GDPR).

Purpose of data processing

The data is recorded to facilitate the basic functions of the app.

The IP address must be saved temporarily by the system in order to create a technical link to our servers, and operate the basic functions of the app.

Connection data is recorded in logfiles, in order to improve the product and protect against misuse.

For these purposes, our legitimate interest in data processing is in accordance with Art. 6 Para. 1 letter f GDPR.

Duration of storage

Where our services are no longer used, the data is deleted or anonymised.

Where data is saved in log files, this is carried out after 180 days. Data is not stored beyond this in a form which allows identification of the person affected.

You can prevent the use of GPS location localisation data by deactivating or switching off the location localisation function settings in the app. Then data is not sent to our servers, even if you use certain GPS functions including offline routing and navigation functions. However in this case, services which depend on transmission to us are not available.

Recipients

This data is processed via our server infrastructure service provider. Installation-related device recognition is processed via Google Firebase Cloud Messaging, in order to facilitate despatch of “push” messages.

For provision of maps in the app, a connection to Telenav GmbH is created.

Analysis services

Purpose and scope

We process data directly and also use Google Analytics for Firebase and Firebase Crashlytics to improve our services and for statistical purposes. The data recorded includes frequency and method of your use of screens and functions of the app, as well as a device identifier. The data for this is transferred in pseudonymised form. When processing data directly, the IP address is anonymised by shortening it, therefore making it impossible to link it to a specific individual.

Legal basis

The legal basis for the data processing is the legitimate interest (Art. 6 Para. 1 letter f GDPR).

Storage/deletion

Device recognition is stored for a period of 14 months and then deleted.

Recipients

This data is processed via our server infrastructure service provider and/or Google respectively.

Setup of a user account

Purpose

Bike Citizens collects and processes the data entered as part of your registration to facilitate creation of a user profile.

A user profile allows you to:

• Recreate your in-app purchases and activated features on several devices,
• Access your data (e.g. recorded GPS tracks or stored start/destination routes) on several devices and online,
• Have a contact option so we can inform you of relevant aspects of the app as part of our services. This option is not used for marketing purposes.

Legal basis

The legal basis for storing this data is provision of our services as part of contract fulfillment (Art. 6 Para. 1 letter b GDPR). After unsubscribing, your data will continue to be processed based on the legitimate interests with regard to purposes of documentation (Art. 6 Para. 1 letter f GDPR).

Saving and deletion

Fundamentally, your data will be saved until you unsubscribe and thereafter for a period of two years, unless deletion is prevented by a statutory storage period, and we do not need the data in an individual case to defend or assert legal claims.

Recipients

The data is processed via our server infrastructure service provider and our email provider.

In-app purchases

Purpose

Bike Citizens collects and processes the data provided when ordering products in-app, such as invoice data, payment data etc along with device recognition or a user profile in order to facilitate purchase of our products and help us allocate these purchases.

Legal basis

Your data must be processed for conclusion and fulfillment of online purchase contracts (Art. 6 Para. 1 letter b GDPR) as well fulfillment of statutory storage obligations (Art, 6 Para. 1 letter c GDPR).

Saving and deletion

Fundamentally, your data will be saved until you unsubscribe and thereafter for a period of two years, unless deletion is prevented by a statutory storage period, and we do not need the data in an individual case to defend or assert legal claims.

Data regarding individual orders and transactions will be stored in accordance with the statutory storage obligations and always for a period of seven years.

Recipients

The data is processed with the inclusion of corresponding in-app marketplaces (Apple Store, Google Play Store) and processed via our server infrastructure.

Declaration of consent to the processing of my data within the framework of the Bike2Work campaign

For the campaign, your nickname, your e-mail address, your score for the given period, the address of your workplace, the name of your employer and your team name will be processed. Your nickname, your score, the address of your work place, the name of your employer and your team name will be publicly displayed online in our ranking. Bike Citizens reserves the option to process your data in order to carry out prize draws (raffle).

Saving and deletion

Unless otherwise indicated, your campaign-related data will be saved until you unsubscribe from the campaign and thereafter for a period of two years, unless deletion is prevented by a statutory storage period, and we do not need the data in an individual case to defend or assert legal claims.

Recipients

Unless otherwise indicated, the data is processed via our server infrastructure service provider and via our email provider.

Aggregated information

Purpose

We use personal data, including, but not limited to, location coordinates of the device used for access to the app, to carry out statistical calculations, and produce aggregated, summarized data. The aggregated data cannot be used to create a link to an individual.

Legal basis

The legal basis is the legitimate interests (statistical purposes, Art. 6 Para. 1 letter f GDPR).

Saving and deletion

The data is processed specifically.

Recipients

This data is processed via our server infrastructure service provider.

How do we process and store data?

We use all possible measures to ensure that your data is stored securely, and unauthorised access to data is excluded. The passwords you enter are never saved as plain text, rather they are saved in accordance with best practice directives. All information recorded is stored on the servers we designate for this.

Your rights with regard to data processing

The Data Protection Directive (EU-VO 2016/679) gives you certain rights as an affected person, to which we would like to draw your attention in the following. Please note that these complement each other, so that you may request either only correction or completion of your data, or deletion of it.

Withdrawal of consent

In the event that Bike Citizens stores and processes personal data based on your consent, you are entitled to revoke this consent at any time. The legality of the processing carried out up to that point remains unaffected.

The right to be informed

You may request information about the origin, categories, duration of storage, recipients, or purpose of the personal data processed by Bike Citizens and the nature of this processing.

The right to correction or deletion

If Bike Citizens processes personal data about you, which is incorrect or incomplete, you may request correction or completion at any time. You may also request that illegally processed data is deleted.

The right to limitation of processing

If it is not clear whether your personal data which has been processed is incorrect or incomplete, or it has been processed illegally, you may request a limitation of processing of your data until this matter is resolved conclusively.

Right of objection

Even when your personal data is correct and complete, and has been processed legally, you may object to the processing of this data. However, this is only possible in special situations justified by you.

The right to data portability

You may receive your personal data processed by Bike Citizens which Bike Citizens has received from you in a defined, machine-readable format, or engage Bike Citizens to transfer this data directly to a third party selected by you, where this recipient facilitates Bike Citizens from a technical point of view, and the data transfer does not involve either an unreasonable effort or infringe legal or other secrecy obligations or confidentiality obligations on the part of Bike Citizens or other third parties.

Right of complaint

Ultimately, you are entitled to lodge a complaint with the data protection authorities if you believe that the processing of personal data relating to you infringes the data protection directives (EU-VO 2016/679).

Who can you contact to apply your rights as an affected person?

To assert the rights above, please contact (in writing by letter or email) the contact named at the start of this statement, or the following email address  directly:info@bikecitizens.net.

General

We reserve the right to amend this data protection declaration at any time with consideration of the applicable data protection regulations. Please visit this page regularly to keep informed about possible changes. If you have any questions relating to this data protection declaration, or you want to get in touch with us with regard to this data protection declaration, please contact us at info@bikecitizens.net.

Use of non-personal data

We use non-personal data for research purposes, for statistical purposes and to improve your user experience. In addition, we reserve the right to use non-personal data which is associated technically with the use of our goods or services (meta-data) at our sole discretion.

Third party websites

This data protection declaration does not apply to third party website which we do not operate and control. For example, clicking on a link on this website can take you to the services of a third party such as Paypal, Facebook or Google+. We recommend you read the data protection notes on their websites to find out how they handle your personal data.

Date: May 27th 2020