Privacy Policy

Preamble

With the following privacy policy, we would like to inform you about the types of your personal data (hereinafter referred to as "data") that we process, for what purposes, and to what extent. The privacy policy applies to all of our personal data processing activities, both in the context of providing our services and particularly on our websites, mobile applications, as well as within external online presences such as our social media profiles (hereinafter collectively referred to as "online offering").

The terms used are not gender-specific.

As of: August 25, 2024

Table of Contents

Controller

Gladys Slawina Cirtu
Gerda-Krüger-Nieland-Str. 77
76149 Karlsruhe

Email address: g.cirtu@softyio.com

Imprint: https://spooky-app.com/impressum

Overview of Processing Activities

The following overview summarizes the types of processed data and the purposes of their processing and refers to the affected persons.

Types of Processed Data

Categories of Affected Persons

Purposes of Processing

Relevant Legal Grounds

Relevant Legal Grounds under the GDPR: Below is an overview of the legal grounds of the GDPR on which we process personal data. Please note that in addition to the GDPR provisions, national data protection regulations may apply in your or our country of residence or establishment. If more specific legal grounds are relevant in individual cases, we will inform you about them in the privacy policy.

National Data Protection Regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes, in particular, the Federal Data Protection Act (BDSG), which contains specific provisions on the right to access, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes, and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of the individual federal states may apply.

Relevant Legal Grounds under the Swiss Data Protection Act: If you are located in Switzerland, we process your data based on the Federal Data Protection Act (Swiss DPA). Unlike the GDPR, the Swiss DPA does not generally require specifying a legal basis for the processing of personal data, and the processing is carried out in good faith, lawfully, and proportionally (Art. 6(1) and (2) of the Swiss DPA). Furthermore, personal data is only collected for a specific, identifiable purpose and processed only in a manner compatible with that purpose (Art. 6(3) of the Swiss DPA).

Note on the Applicability of the GDPR and Swiss DPA: These privacy notices serve both for information under the Swiss DPA and the General Data Protection Regulation (GDPR). Therefore, please note that due to the broader geographical application and clarity, the terms of the GDPR are used. Specifically, instead of the terms "processing" of "personal data," "overriding interest," and "special categories of personal data" used in the Swiss DPA, the terms "processing" of "personal data," "legitimate interest," and "special categories of data" used in the GDPR are applied. However, the legal meaning of the terms will still be determined according to the Swiss DPA within its scope.

Security Measures

We take appropriate technical and organizational measures in accordance with legal requirements, considering the state of technology, implementation costs, and the nature, scope, circumstances, and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data, as well as access, input, disclosure, ensuring availability, and their separation. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data, and responses to data breaches. Additionally, we consider data protection already during the development or selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default.

Securing online connections through TLS/SSL encryption technology (HTTPS): To protect user data transmitted through our online services from unauthorized access, we rely on TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the internet. These technologies encrypt the information transmitted between the website or app and the user's browser (or between two servers), thus protecting the data from unauthorized access. TLS, as the more advanced and secure version of SSL, ensures that all data transmissions meet the highest security standards. When a website is secured with an SSL/TLS certificate, this is indicated by the display of HTTPS in the URL. This serves as an indicator for users that their data is being transmitted securely and encrypted.

Transmission of Personal Data

In the course of our processing of personal data, it may be necessary for us to transmit or disclose these data to other entities, companies, legally independent organizational units, or individuals. Recipients of this data may include, for example, service providers responsible for IT tasks or providers of services and content integrated into a website. In such cases, we adhere to legal requirements and enter into appropriate contracts or agreements with the recipients of your data to protect your data.

Data transmission within the corporate group: We may transmit personal data to other companies within our corporate group or grant them access to this data. If this transmission is for administrative purposes, it is based on our legitimate business interests or is required for the fulfillment of our contractual obligations, or if consent from the data subjects or a legal permission is in place.

International Data Transfers

Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or if the processing occurs as part of the use of services of third parties or the disclosure or transmission of data to other persons, entities, or companies, this will only take place in compliance with legal requirements. If the level of data protection in the third country has been recognized by an adequacy decision (Art. 45 GDPR), this serves as the basis for the data transfer. Otherwise, data transfers will only take place if the level of protection is ensured through other means, such as standard contractual clauses (Art. 46(2)(c) GDPR), explicit consent, or in cases of contractual or legally required transfers (Art. 49(1) GDPR). Additionally, we will inform you of the basis for transfers to third countries by individual third-party providers, with adequacy decisions being the primary basis. Information on third-country transfers and existing adequacy decisions can be found in the EU Commission's information offering: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de.

EU-US Trans-Atlantic Data Privacy Framework: As part of the "Data Privacy Framework" (DPF), the EU Commission has also recognized the level of data protection as safe for certain companies in the USA under the adequacy decision of July 10, 2023. The list of certified companies and further information on the DPF can be found on the U.S. Department of Commerce's website at https://www.dataprivacyframework.gov/ (in English). We will inform you in the privacy policy which of our service providers are certified under the Data Privacy Framework.

Disclosure of Personal Data Abroad: According to the Swiss DPA, we only disclose personal data abroad if adequate protection of the affected individuals is guaranteed (Art. 16 Swiss DPA). If the Federal Council has not determined adequate protection (list: https://www.bj.admin.ch/bj/de/home/staat/datenschutz/internationales/anerkennung-staaten.html), we take alternative security measures. These may include international agreements, specific guarantees, data protection clauses in contracts, standard data protection clauses approved by the Federal Data Protection and Information Commissioner (FDPIC), or internal data protection regulations recognized in advance by the FDPIC or a relevant data protection authority of another country.

According to Art. 16 of the Swiss DPA, exceptions to the disclosure of data abroad may be permitted if certain conditions are met, including consent of the data subject, contract performance, public interest, protection of life or physical integrity, publicly available data, or data from a legally prescribed register. These disclosures always comply with legal requirements.

General Information on Data Storage and Deletion

We delete personal data that we process in accordance with the legal provisions once the underlying consents are withdrawn or no further legal grounds for processing exist. This applies to cases where the original processing purpose no longer applies or the data is no longer needed. Exceptions to this rule apply if legal obligations or special interests require longer storage or archiving of the data.

In particular, data that must be retained for commercial or tax reasons, or whose storage is necessary for legal claims or the protection of the rights of other natural or legal persons, must be archived accordingly.

Our privacy policy contains additional information on the retention and deletion of data, which applies specifically to certain processing activities.

In cases where multiple retention periods or deletion deadlines apply to a date, the longest period is decisive.

If a deadline does not explicitly start on a specific date and is at least one year, it will automatically start at the end of the calendar year in which the triggering event occurred. In the case of ongoing contractual relationships where data is stored, the triggering event is the time the termination or other conclusion of the legal relationship becomes effective.

Data that is no longer needed for the original purpose but is retained for legal reasons or other purposes will only be processed for the reasons that justify its retention.

Further Notes on Processing Activities, Procedures, and Services:

Rights of Data Subjects

Rights of Data Subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, particularly as outlined in Articles 15 to 21 of the GDPR:

Rights of Data Subjects under the Swiss DPA:

As a data subject, you are entitled to the following rights under the provisions of the Swiss DPA:

Provision of the Online Offering and Web Hosting

We process user data in order to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.

Further Notes on Processing Activities, Procedures, and Services:

Use of Cookies

Cookies are small text files or other storage notes that store and retrieve information on end devices. For example, to store the login status in a user account, the contents of a shopping cart in an e-shop, the accessed content, or used functions of an online offering. Cookies may also be used for various purposes, such as for functionality, security, and convenience of online offerings, as well as for generating visitor traffic analyses.

Consent Notes: We use cookies in accordance with legal regulations. Therefore, we obtain prior consent from users, unless it is not required by law. Specifically, consent is not necessary if storing and retrieving information, including cookies, is strictly necessary to provide the user with a telemedia service (i.e., our online offering) that they have explicitly requested. The revocable consent will be clearly communicated to users, including the information regarding the specific cookie usage.

Notes on Legal Grounds for Data Protection: The legal basis on which we process personal data using cookies depends on whether we ask for consent. If users accept, the legal basis for processing their data is the consent provided. Otherwise, data processed via cookies is handled based on our legitimate interests (e.g., in the business operation of our online offering and improving its usability), or if this is required for fulfilling our contractual obligations, when the use of cookies is necessary to meet our contractual obligations. We clarify the purposes for which cookies are used within this privacy policy or as part of our consent and processing processes.

Storage Duration: Regarding the storage duration, the following types of cookies are distinguished:

General Notes on Withdrawal and Objection (Opt-out): Users can withdraw their consent at any time and also object to processing in accordance with legal requirements, including through the privacy settings of their browser.

Further Notes on Processing Activities, Procedures, and Services:

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