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Privacy Policy

Privacy policy according to Art. 13, 21 GDPR as well as § 25 German Telemedia-Telecommunications-Data Privacy Act (TTDSG) for the contents and functions qaze.app and all subdomains (hereinafter „Services“)

Date: January 2024

1. General

The protection of your personal data and your privacy is extremely important to us. Therefore, we would like to offer you comprehensive transparency regarding the processing of your personal data (GDPR) as well as regarding the storage of information on your end device or regarding the access to information (TTDSG). Because only if the processing of personal data and information is comprehensible for you as a data subject, you are sufficiently informed about the scope, purposes and benefits of the processing.

Controller within the meaning of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other data protection regulations is the

Qaze Software UG (haftungsbeschränkt)
Everdings Hof 75
59075 Hamm
Germany

E-Mail: [email protected]
Phone: +49157 / 357 211 89

Also referred to as „Controller” or “Us”

2. General information on data processing

2.1 Personal Data

Personal data is individual information about personal or factual circumstances of an identified or identifiable natural person.

Individual details about personal or factual circumstances are, for example:

2.2 This is the way we process personal data

We process personal data within the legally permissible limits. This means that data processing operations are based on a legal basis. These are standardized in Art. 6 para. 1 GDPR. Most data processing is based on a legitimate interest on our part (Art. 6 para. 1 lit. f GDPR), on processing operations necessary for the performance of the contract (Art. 6 para. 1 (lit. b GDPR) or on the basis of consent given by you (Art. 6 para. 1 lit. a GDPR). In the latter case, you will be informed separately (e.g. via a cookie banner) about the consent process.

Personal data is processed by us only for clear purposes (Art. 5 para. 1 lit. b GDPR). As soon as the purpose of the processing ceases to apply, your personal data will be deleted or protected by technical as well as organizational measures (e.g. by pseudonymization).

The same applies to the expiry of a prescribed storage period, subject to cases in which further storage is necessary for the conclusion or fulfillment of a contract. In addition, there may be a legal obligation to store data for a longer period or to pass it on to third parties (esp. to law enforcement agencies). In other cases, the storage period and type of data collected as well as the type of data processing depends on which functions you use in the individual case. We will be happy to provide you with information about this in individual cases, in accordance with Art. 15 GDPR.

2.3 We process these categories

Data categories are in particular the following data:

2.4 These are the security measures we meet

In accordance with legal requirements and taking into account the state of the art, the 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 your rights and freedoms, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

In particular, the measures include ensuring that your data is stored and processed confidentially, with integrity and available at all times. Furthermore, the security measures we implement include controls on access to your data as well as access, input, disclosure, ensuring availability and their separation from data of other natural persons. Furthermore, we have established procedures to ensure the exercise of data subject rights (see under Section 5), the deletion of data and responses in the event of a risk to your data. Furthermore, we already consider the protection of personal data during the development of our software as well as through procedures that comply with the principle of data protection through technology design and through data protection-friendly default settings.

2.5 This is how we transfer personal data

In the course of our processing activities of your personal data, it may happen that this data is transferred or disclosed to other bodies, companies, legally independent organizational units or persons. These third parties may include, for example, payment institutions in the context of payment transactions, Service providers entrusted with IT tasks or providers of Services and content that we have integrated into our website. If we transfer or disclose your personal data to third parties, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

2.6 This is how a third country transfer takes place

If this privacy policy indicates that we transfer your personal data to a third country, i.e. a country outside the EU or outside the EEA, the following applies.

If we process your data in a third country or if the processing takes place in a third country as part of the use of third-party Services, this will only take place in accordance with the legal requirements.

Furthermore, a third country transfer usually only takes place with your express consent. Whether or not such consent is given, we ensure that we have contractual or legal authorization to transfer and process your data in the third country in question. Furthermore, we only allow your data to be processed by Service providers in third countries that, in our view, have a recognized level of data protection. This means that a corresponding adequacy decision exists between the EU and the country in which we transfer your personal data, for example. An "adequacy decision" is a decision adopted by the European Commission under Article 45 of the GDPR that determines that a third country (i.e., a country that is not bound by the GDPR) or an international organization provides an adequate level of protection for personal data. Alternatively, e.g. if there is no adequacy decision, a third country transfer will only take place if, for example, contractual obligations exist between us and the Service provider in the third country through so-called standard contractual clauses of the EU Commission and further technical security precautions have been taken that ensure an adequately equivalent level of protection to that in the EU or the Service provider in the third country can provide data protection certifications and your data is only processed in accordance with internal data protection regulations (Articles 44 to 49 GDPR. Information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

As part of the so-called "Data Privacy Framework" ("DPF"), the EU Commission has recognized the level of data protection for certain companies from the USA as secure within the framework of the adequacy decision of 10.07.2023. A list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/. As part of this privacy policy, we will inform you which services we use are certified under the Data Privacy Framework.

2.7 Information about the cookies used (Cookies are here synonymous with other tracking mechanisms such as tokens, beacons, etc.).

Cookies are small text files that contain data from visited websites or domains and are stored on your device (computer, tablet or smartphone). If you access a service, the cookie stored on your device sends information to the party that placed the cookie.

2.7.1 Functionality Cookies

We only use functionality Cookies: These cookies are essential to provide you with Services available through our Services and to enable you to use certain features of our Services. Without these cookies, we cannot provide you certain Services on our Services.

2.7.2 How we use cookies

We want you to be able to make an informed decision for or against the use of cookies that are not strictly necessary for the technical features of the Services. Therefore, we allow you to choose which cookies you allow in a cookie consent banner when you visit our Services for the first time and permanently thereafter in appropriate settings. Here, strictly necessary cookies are mandatory for visiting our Services and are therefore already permitted via our default settings.

2.7.3 Storage period of cookies

Unless we provide you with explicit information about the storage period of cookies (e.g., within the cookie banner), you can assume that the storage period can be up to two years.

3. data processing in connection with the use of our Services.

The use of our Services with all their functions involves the processing of personal data. We explain exactly how this is done here.

3.1 Informational use of our Services

The purely informational use of our Services requires the processing of the following personal data and information: Browser type and browser version, operating system used, address of previously visited websites, address of the terminal device with which you access our Services (IP address), and the time of the call to our Services. All this information is automatically transmitted by your browser if you have not configured it in such a way that transmission of the information is suppressed.

This personal data is processed for the purpose of the functionality and optimization of our Services, as well as to ensure the security of our information technology systems. These purposes are at the same time legitimate interests according to Art. 6 para. 1 lit. f GDPR, the processing is thus carried out with legal grounds.

3.2 Contact form / contacting us by e-mail

We process your personal data that you provide to us when contacting us for the purpose of answering your inquiry, your e-mail or your callback request. Processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. In individual cases, we forward this data to companies affiliated with us or to third parties that we commission to process orders. The legal basis of the processing depends on the purpose of the contact.

3.3 User Account

You can create a user account (hereinafter also referred to as "profile") in our services in order to make use of our services and your features. If you do this, the personal data you provide there will be transmitted to us by your browser and stored in our information technology systems. Your IP address and time of registration are also stored. When you log into your profile, our service places cookies on your terminal device to enable you to remain logged in - even if you have to reload our services in the meantime. By creating the profile, you can use the features of our Services.

The processing operations associated with the creation of a profile serve the purpose of being able to allocate future usage operations and to be able to call up the entire range of our services. When ordering any supplements and products of the platform, the processing of your data further serves the execution of the contract and is thus purpose-bound and necessary according to Art. 6 para. 1 lit. b GDPR.

The storage of IP address and time of registration is necessary to ensure the security of our information technology systems. This is also our legitimate interest, which is why the processing is also lawful according to Art. 6 para. 1 lit. f GDPR.

The personal data entered by you is stored until the time of deletion of your profile with us, beyond that only as long as the processing is necessary for any contract performance.

A data transfer to third parties is not intended.

3.4 Payment

We offer various payment methods for processing payment claims. We use the payment service providers described below for this purpose. We do this for the purpose of providing our services properly and in line with requirements. The data processed in this context is usage data, connection data, master data, payment data, contact data or contract data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. The data entered is only processed by the payment service providers and stored by them. We do not receive any account or credit card-related information, only information about the confirmation or negative information about the payment. Under certain circumstances, your data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check your identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers. The legal basis for the use of payment service providers results from Art. 6 para. 1 lit. b GDPR. We can only provide the services promised to you with our services and thus fulfill our contractual obligations if we use third parties, such as payment service providers, to process payment transactions. We have concluded an order processing agreement with each of the payment service providers so that the security of the processing of your data is guaranteed at all times.

Payment Service Provider and Merchant of Record

Lemon Squeeezy

It is possible to process the payment transaction with the online payment service Lemon Squeezy. Lemon Squeezy makes it possible to make online payments to third parties and also acts as a merchant of record for digital goods. The US operating company of Lemon Squeezy is Lemon Squeezy LLC, 222 South Main Street Suite 500 Salt Lake City, UT 84101 . If you choose Lemon Squeezy as your payment method or merchant of record, your data required for the payment process will be automatically transmitted to Lemon Squeezy. This regularly involves the following data:

Name, address, company, e-mail address, telephone and mobile number, IP address. The data transmitted to Lemon Squeezy may be transmitted by Lemon Squeezy to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Lemon Squeezy may also pass on your data to third parties if this is necessary to fulfill contractual obligations or if the data is to be processed on behalf of Lemon Squeezy. You can view Lemon Squeezy’s privacy policy at https://www.lemonsqueezy.com/privacy. The legal basis for data processing is Art. 6 para. 1 lit. b GDPR, as the processing of the data is necessary for payment with Lemon Squeezy and thus for the execution of the contract.

3.5 Web hosting

3.5.1 Provision of our Services

In order to provide you with our Services, we use the Services of a hosting providers. These hosting providers are AWS EMEA Sarl, Hetzner Online GmbH and Cloudflare Inc. . German Business of AWS EMEA Sarl Address: Oskar-von-Miller-Ring 20, 80333 München. Address of Hetzner Online GmbH: Industriestr. 25, 91710 Gunzenhausen, Germany. Address of Cloudflare Inc.: 101 Townsend St San Francisco, CA 94107, USA. Our Services are accessed from the servers of these hosting providers. For these purposes, we use the hosting provider's infrastructure and platform Services, computing capacity, storage space and database services, as well as security services and technical maintenance services.

The processed data includes all such data that you enter or that is collected by you in the course of your use and communication in connection with your visit to our Services (e.g. your IP address). Our legal basis for using a hosting provider to provide our Services results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

3.5.2 Receiving and sending e-mails

The Services of the host used by us may also include the sending, receiving as well as storing of e-mails. For these purposes, the addresses of the recipients of your e-mails as well as the senders as well as further information concerning the e-mail dispatch (e.g. the providers involved) as well as the contents of the respective e-mails are processed. The aforementioned data is processed, among other things, for the purpose of recognizing SPAM. E-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless end-to-end encryption is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server. Our legal basis for using a hosting provider to receive and send e-mails results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

3.5.3 Collection of access data and log files

We (or our hosting provider) collect data on each access to the server (server log files) with Axiom, a logging software provided by Axiom Inc., 1390 Market Street, Suite 200, San Francisco, CA 94102, USA . The server log files may include the address and name of the Services and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, your operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.

The server log files may be used on the one hand for security purposes, e.g. to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability. Our legal basis for using a hosting provider to collect access data and log files results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

3.6 Tracking & Tools

Plausible

We use the web analysis service "Plausible Analytics" to continuously optimize our services, both technically and in terms of content. The data processed is usage data & connection data. Plausible pursues a particularly data protection-friendly approach to analyzing the use of our services. For this purpose, Plausible collects the following information, among other things date and time of your visit, title and URL of the pages visited, incoming links, the country you are in and the user agent of your browser software. Plausible does not use or store "cookies" on your end device. All personal data (e.g. your IP address) is stored completely anonymized in the form of a so-called hash. A hash is an encryption of data that cannot be reversed, i.e. cannot be "decrypted". In this way, we can analyze your visit without storing personal data in a form that could be read by us, Plausible or third parties. The recipient of the data is Plausible Insights OÜ, Västriku tn 2, 50403, Tartu, Estonia, registration number 14709274, hereinafter referred to as "Plausible". Information on the technical implementation of Plausible can be found here: https://plausible.io/privacy-focused-web-analytics. Further information on Plausible's data protection can be found here https://plausible.io/data-policy. The legal basis for the use of Plausible results from Art. 6 para. 1 lit. f GDPR (legitimate interest). We have an interest in analyzing your usage behavior and deriving important conclusions for our services from this. Since we or Plausible do not use cookies, all data is completely anonymized and not linked to other data sources, and we do not pass on your data processed in this way to third parties or link it to other data sources, but process it solely on our systems, your interest in the most honest possible handling of your personal data is not unduly impaired.

3.7 Newsletter

With your consent (regularly by subscribing), we will send you newsletters, e-mails and other electronic notifications (hereinafter "newsletter"). Our newsletters generally contain technical, commercial and promotional information about our services.

To subscribe to our newsletter, it is generally sufficient for you to provide your e-mail address. If necessary, we may ask you to provide additional information such as your name or similar.

Registration for our newsletter always takes place in a so-called double opt-in procedure. After registering for our newsletter, you will receive an e-mail asking you to confirm your registration by clicking on a confirmation link. This confirmation is necessary to prevent someone else from subscribing to a newsletter with your e-mail address. We keep a record of newsletter registrations in order to be able to prove the registration process in accordance with legal requirements. For this purpose, we store the time of registration and confirmation as well as your IP address. Changes to your data stored with the mailing service provider are also logged.

You can unsubscribe from our newsletter at any time. To do so, simply click on the "Unsubscribe" button in the footer of each newsletter. If you unsubscribe from our newsletter, your email address may be stored for up to three years on the basis of our legitimate interests before we delete it so that we can prove that you previously gave your consent.

If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure mailing system.

The legal basis for sending newsletters is your consent, provided that you have given it to us by subscribing to the newsletter and therefore results from Art. 6 para. 1 lit. a GDPR. If you have not given us your consent to send you newsletters, we will not send you any newsletters (any more).

3.8 Fanpages on Social Media

X

We operate an X fan page for our company on X. When you visit and use our X Fanpage, X can evaluate your usage behavior and provide us with information obtained from this. This information is used for the purposes of economic optimization and needs-based design of our website. The processed data categories are master data, contact data, content data, usage data and connection data. The recipient of the data is X Corp., Market Square, 1355 Market St suite 900, San Francisco, CA 94103, USA , as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.

X is responsible for implementing your rights as a data subject. X will inform you about your rights as a data subject at: https://twitter.com/privacy. You can also assert your rights against us; we will then forward your request to X immediately.

Discord

We operate an Discord fan page for our company on Discord. When you visit and use our Discord Fanpage, Discord can evaluate your usage behavior and provide us with information obtained from this. This information is used for the purposes of economic optimization and needs-based design of our website. The processed data categories are master data, contact data, content data, usage data and connection data. The recipient of the data is Discord Inc., 444 de Haro Street, Suite 200, San Francisco, CA 94107, USA , as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.

Discord is responsible for implementing your rights as a data subject. Discord will inform you about your rights as a data subject at: https://discord.com/privacy. You can also assert your rights against us; we will then forward your request to Discord immediately.

4. Processing on behalf

If we use external Service providers to process your data, they will be carefully selected and commissioned by us. If the Services provided by these Service providers are commissioned processing within the meaning of Art. 28 GDPR, the Service providers are bound by our instructions and are regularly monitored. In this context, our order processing contracts comply with the strict requirements of Art. 28 GDPR as well as the specifications of the German data protection authorities.

5. Data subject rights

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights as a user against the controller:

5.1 Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing exists, you may request information from the controller about the following:

5.2 Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

5.3 Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

5.4 Right to erasure

5.4.1 You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase this data without undue delay, if one of the following reasons applies:

5.4.2 If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

5.4.3 The right to erasure shall not apply to the extent that the processing is necessary

5.5 Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed about these recipients.

5.6 Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR and

the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

5.7 Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society Services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

5.8 Right to revoke your declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

The processing is lawful until your revocation - the revocation thus only affects the processing after receipt of your revocation. You can declare the revocation informally by mail or e-mail. The processing of your personal data will then no longer take place, subject to permission by another legal basis. If this is not the case, your data must be deleted immediately after the revocation in accordance with Art. 17 (2) GDPR. Your right to revoke your consent subject to the above conditions is guaranteed.

Your revocation should be addressed to:

Qaze Software UG (haftungsbeschränkt)
Everdings Hof 75
59075 Hamm
Germany

E-Mail: [email protected]
Phone: +49157 / 357 211 89

5.10 Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

6. Automated decisions in individual cases including profiling.

Automated decisions in individual cases including profiling do not take place.

7. Notification obligations of the responsible party

If your personal data have been disclosed to other recipients (third parties) with legal grounds, we will notify them of any rectification, erasure or restriction of the processing of your personal data (Art. 16, Art. 17 (1) and Art. 18 GDPR). The notification obligation does not apply if it involves disproportionate effort or is impossible. We will also inform you about the recipients upon request.

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