Information on the processing of personal data

Hereinafter flyingshapes GmbH, Mombacher Str. 68, 55122 Mainz (also referred to as: “flyingshapes", "we" or "us") informs about the collection of personal data when using this application (also referred to as: “App").

In order to make this information about the processing of personal data more understandable, we offer you simplified summaries of the respective sections at some points in the highlighted text fields. Even though we offer you such summary, it is important and necessary that you read the only relevant information about the processing of personal data in its entirety.

Introductory remarks

Your data and its protection are important to us. In order to show you how important it is for us that you trust us when it comes to handling your data carefully, we would like to explain here which data we process and how.

To ensure that you can use the flyingshapes App properly, it may be necessary to collect, store and process personal data (in short: processing). In doing so, we act strictly in accordance with the data protection laws.

All personal data is stored exclusively on a server based in Germany and is not passed on to third parties or transferred outside the EU.

1. Scope of application

This data protection declaration applies to this flyingshapes App and to the personal data collected through this App.

For applications and websites of other providers to which reference may be made in the App, e.g. via links, the data protection declarations of those providers shall apply exclusively.

2. Responsibility

Responsible for the processing of personal data by this App within the meaning of the EU General Data Protection Regulation (in short: “GDPR”):

flyingshapes GmbH

Mombacher Str. 68

55122 Mainz

Managing director with power of representation: Jonas Kunze, Dr. Johannes Mattmann

E-mail: legal@flyingshapes.com

3. Server

If data processing is carried out by us, the service offered by STRATO AG, Pascalstr. 10, 10587 Berlin (the servers are located exclusively in Germany) as a technical service provider are used. An order processing agreement was concluded with STRATO AG.

STRATO AG merely provides us with the server for operating our applications (purpose) and does not receive any personal data from us. The involvement of this service provider is in our legitimate interest (Art. 6 para. 1 lit. f. GDPR) in order to present, maintain and operate our applications.

4. Personal data

Simplified summary:

Personal data is all data that can be related to you personally, e.g. name, address, e-mail address, user behavior.

According to Article 4 GDPR, personal data is any information relating to an identified or identifiable natural person; a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is considered identifiable.

5. Your rights

Simplified summary:

You can assert all your rights to:

• request information
• correct or delete the data
• restrict data processing
• lodge an appeal against the processing
• withdraw your consent for processing
• request data transfer to you and, if applicable, to another company
• lodge a complaint to the data protection supervisory authority

Please contact us at the following address:

flyingshapes GmbH

Mombacher Str. 68

55122 Mainz

E-Mail: legal@flyingshapes.com

Please note that the App cannot be used when deleting or restricting personal data that is absolutely necessary.

As a user of our App, you have various rights under the GDPR, in particular arising from Art. 15 to 18, 20, 21, 77 GDPR:

a. Right to information

You can request information about your personal data processed by us. In your request for information, you should specify your concern and verify yourself sufficiently to make it easier for us to compile the necessary data.

b. Right to correction

If the information concerning you is (no longer) accurate, you may request that it be corrected. If your data is incomplete, you can request that it be completed.

c. Right to deletion

You can demand the deletion of your personal data under the provisions of Art. 17 GDPR. Your right to deletion depends, among other things, on whether the data concerning you is covered by a right of retention or is still required by us to fulfill our legal obligations.

d. Right to limitation of processing

Within the framework of the provisions of Art. 18 GDPR, you have the right to demand that the processing of data concerning you be restricted.

e. Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of the data concerning you. This applies in particular if we process your data out of a legitimate interest. However, we cannot always comply with this, e.g. if we are obliged to archive the data for auditing purposes in accordance with the provisions of tax law. In this case, however, the data will be blocked for further use and deleted at the end of the statutory retention period.

f. Right of revocation

If you have given us permission to process your data, you have the right to revoke this permission at any time. This does not affect the legality of the processing based on the consent until the processing is revoked.

g. Right to data transferability

You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format. If you have provided the data on the basis of consent or a contract, you have the right for us to transfer the data to a data processor named by you.

f. Right of complaint

If you are of the opinion that we have not observed data protection regulations when processing your data, you can lodge a complaint with a data protection supervisory authority which will examine your complaint.

A list of the addresses of the German data protection supervisory authorities can be found at:

6. Establishment of contact

Simplified summary:

If you contact us by yourself, we will only store your data to process your inquiry. The data will then be deleted at regular intervals if a law does not oblige us to store them.

When you contact us (e.g. by e-mail or via our contact forms in the App or on the website), only the data and messages you provide (your e-mail address, your name and any other voluntarily given information) will be stored by us in order to process your inquiry (e.g. contact request, request for advice).

We delete the data arising in connection with the establishment of contact after storage is no longer necessary, or restrict processing if there are statutory retention obligations.

The transmission of your data as a result of an inquiry is voluntary by you, so that you give your consent at the same time (legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR). In addition, we have a legitimate interest in the processing of data pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, as we wish to answer or process your inquiry. If your inquiry is aimed at the conclusion of a contract, the legal basis according to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of the data is also given.

7. flyingshapes account

In order to use the flyingshapes software, registration under a flyingshapes account is required. We use the data provided for the purpose of facilitating the use of our flyingshapes software and other offers or services that you make use of. The mandatory fields (*) requested during registration must be completely filled in. Otherwise the software cannot be used.

The following data is required for registration:

• Company with address (if available)
• Surname, first name*
• E-mail address*
• Occupation/Position (optional)
• Residence / Country (optional)

The data will be processed for the following purposes:

Company, address, name, e-mail address:

• Contract data (for example, subject matter of the contract, duration, customer category).
• Payment data (for example, bank details, payment history)
• Account management
• Assignment of persons to existing rights of use to the software flyingshapes
• For sending invoices and other business correspondence
• To provide information regarding the software, such as updates and bugs
• For notification of (e.g. technically necessary) changes

Occupation/position and residence/country (optional!):

• To generate statistical information on which occupational groups use the software and, if applicable, where users are located in order to be able to carry out targeted direct marketing.

In addition, we process the contractual data of our customers, interested parties and business partners for the purpose of providing contractual performances, service and customer care, marketing, advertising and market research.

The legal basis for the processing of the data is, on the one hand, Art. 6 para. 1 lit. b GDPR "Performance of a contract" (e.g. invoices, rights of use, notifications of technical changes and errors) and, in addition, Art. 6 para. 1 lit. f. GDPR "Legitimate Interest" in the communication of advertising information regarding the software and our other services for the purpose of direct marketing.

The stored data will be processed as long as you use the software and then deleted. Statutory retention obligations remain unaffected by this provision.

You have the right to object to the processing of data on the basis of our legitimate interest at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com.

8. Newsletter

For the purpose of sending you newsletters and other electronic communications of an advertising nature, we require your e-mail address and, if applicable, your name for personal address. As a rule, our newsletters contain information about our services and products and accompanying information (such as error messages, change logs, safety instructions), offers and information about our company.

Double-Opt-In: The registration to our newsletter takes place over the Double-Opt-In-Procedure. After registration with your e-mail address you will receive an e-mail from us in which you will be asked to confirm your registration by clicking on a link. This confirmation is necessary in order to avoid misuse of external e-mail addresses.

If you are a consumer, electronic messages are sent on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Section 7 para. 2 no. 3 of the German Unfair Competition Act or if a consent - because you are an entrepreneur - is not necessary, due to our legitimate interest in direct marketing according to Art. 6 para. 1 sentence 1 lit. f GDPR in conjunction with Section 7 para. 3 of the German Unfair Competition Act to be able to send you user-friendly and secure messages which serve our business and scientific interests as well as benefit the users of the software.  

You can revoke your consent at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com. You will find a link to unsubscribe from the newsletter at the end of each newsletter.

A record shall be kept for the purpose of proving consent in accordance with paragraph 15.

9. Service providers

Simplified summary:

We will only pass on your data to any service providers named in this information and only with your consent. Beyond that we do not pass on any data without your consent.

If we wish to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you in detail about the respective processes as described below. A passing on to other third parties does not take place without your consent.

10. Our handling of your data

Simplified summary:

We process data of you when you:

• use our App
• communicate with us

When using our App, the following access data is stored:

• the username and user ID provided by Steam (Valve Corporation) as well as your flyingshapes user ID
• the date, time and duration of use of the App,
• the operating system used,
• the IP address of the requesting computer,
• a usage evaluation (which components of the applications are used and how often)

For reasons of data security, i.e. to clarify unauthorized access or prevent misuse of the application, the complete IP address of your computer is recorded, stored and automatically deleted 90 days after the end of access.

If you would like to use our App, we collect the above-mentioned access data - which is technically indispensable for us - in order to be able to offer you our App and to guarantee the improvement of stability, functionality and security for both sides, so that this data is collected on the basis of a justified interest on both sides (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR). This data will not be passed on to third parties.

11. Duration and periods of data storage

The data collected as part of inquiries (e.g. by e-mail) will be stored for a period of 90 days, unless we have a statutory right or an obligation to retain such data.

All deadlines begin at the end of the month in which the processing of the inquiry is completed.

In all other respects, the duration of the storage of personal data is measured on the basis of the statutory rights and obligations of retention (e.g. from commercial or tax law). After expiration of the deadline, the data will be deleted at the end of the month, unless they are necessary for the initiation, execution and termination of a contract and / or no legitimate interest on our part in the processing exists.

12. Evaluation of the use of the flyingshapes software

To enable us to constantly improve the flyingshapes software and to make it more user-friendly, as well as for the purpose of scientific research on the software, the flyingshapes software automatically evaluates the telemetry and usage data in relation to your user ID when using the software. For example, this makes it is easier to see which functions are used, when and where crashes occur and where work processes are interrupted. Altogether, this information serves the purpose of technical improvement on the basis of the data collected or the target groups. It is not our aim to observe individual users during the personal evaluation. Rather, this evaluation serves us to continuously improve the software technically, to optimize the user experience and the workflow, and to send automated, personalized recommendations for software usage in the event of difficulties in specific usage scenarios.

This evaluation is stored on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR for the continuous improvement of the flyingshapes software and to enable user-friendly handling, technical optimization and for research purposes with the possibility of conducting individual interviews based on personal user experience.

You can revoke your consent at any time with effect for the future by sending an e-mail toprivacy@flyingshapes.com. For the revocation only the transmission costs of your chosen Internet provider can arise.

A record shall be kept for the purpose of proving consent in accordance with paragraph 15.

13. Recipients or categories of recipients

As a rule, personal data which you communicate to us about your person will only be processed by us. In order to fulfill our tasks and obligations, however, it may be necessary for us to disclose your stored personal data to natural persons and legal entities, authorities, institutions or other bodies. In particular, the following categories of recipient has to be considered:

• Courts (e.g. in litigation proceedings)
• Non-public sector bodies, provided that they are contract processors
• Lawyers, tax consultants, notaries, auditors

14. SSL-TLS encryption

This App uses SSL or TLS encryption for data security reasons and to protect the transmission of confidential content, such as inquiries you send to us. Such encryption means that the data you transmit to us cannot be read by third parties.

15. Protocol on consents given

GDPR and other laws oblige us to be able to prove that we have received consent where required by law.

A protocol is drawn up for the purpose of proving consent in accordance with the legal requirements, such as GDPR and the German Unfair Competition Act. The data provided, the time of registration and confirmation and the IP address are stored.

The protocol of the consents is made to fulfill our statutory obligations to prove the existence of a consent according to Art. 6 para. 1 sentence 1 lit. c GDPR and in addition on the basis of our legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR to be able to provide evidence regarding your consent.

We store the protocol including the data for 3 years after the revocation of your consent. The period shall begin at the end of the year in which consent is withdrawn and the protocol shall be deleted by 31 December of the third year. This serves to be able to prove a previously given consent. A processing of the data takes place only in the context of a necessary evidence of your consent. We would also be happy to comply with your request for early deletion if you confirm your previous consent in writing with your name and e-mail address at the same time.

16. Data protection officer

The data controller must provide the contact details of his or her data protection officer, who may be appointed in accordance with Art. 37 GDPR.

According to the requirements of Art. 37 GDPR, we are currently not obliged to appoint a data protection officer.

17. Reservation of the right to change this information

Changes in the legal situation or laws may make it necessary to amend this information. We will inform you in the event of a change.

18. Contact us

If you have any questions regarding data processing or the assertion of your rights mentioned above, please contact us:

Flyingshapes GmbH

Mombacher Str. 68

55122 Mainz

E-Mail: legal@flyingshapes.com

Date: May 2019