DATA PROTECTION AND LEGAL NOTICES
DATA PROTECTION DECLARATION FOR THE USAGE OF THE BIKE CITIZENS APP
We are delighted you have installed our Bike Citizens App. Bike Citizens, a brand by the Smettly GmbH, (in the following “we” or “Bike Citizens”) take data protection very seriously.
We may change this privacy policy from time to time. In the event of major changes, we will indicate them more clearly and you will be notified by email of any change to the privacy policy.
You will find more information about the use of your data here:
GENERAL INFORMATION
NAME AND ADDRESS OF THE RESPONSIBLE PARTY
The responsible party as defined in the General Data Protection Regulation and other national data protection legislation of member states as well as other data protection regulations is:
Smettly GmbH
Betriebsstraße 21
A-4224 Wartberg ob der Aist
Tel.: +43 7236 218 218 218
E-Mail: info@bikecitizens.net
Website: www.bikecitizens.net
PROCESSORS
In part, we use external service providers to process personal data (“processors”). These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.
TRANSFER OUTSIDE THE EEA
In the following cases, we transfer data to recipients based outside the European Economic Area (EEA):
- Google LLC (“Google“) with offices at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA processes data on our behalf. We transfer device recognition and information about app usage frequency to Google. The legal basis for this transfer is the legitimate interest for purposes of analysis (Art. 6 Para. 1 letter a GDPR) as well as fulfillment of contracts for purposes of communication (Art. 6 Para, 1 letter b GDPR) Important: All other data (e.g. recorded GPS tracks or stored start/destination routes) are not transferred to Google LLC.
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. Bike Citizens will delete your personal data immediately, unless other legal obligations require further storage and we do not need the data in individual cases for the defense or enforcement of legal claims.
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 a dedicated newsletter service provider to send our 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.
BASIC APP FUNCTIONS
SCOPE OF DATA PROCESSING
The following data is collected:
- Unique identifier
- Device information including device model, operating system version, app version installed, language used
- Connection data including IP addresses
- 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
If 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.
ANALYTICS 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
Bike Citizens deletes or anonymizes your personal data as soon as they are no longer needed to achieve the purposes for which they were collected and processed, provided that legal retention obligations do not prevent deletion and we do not need the data in individual cases to defend or enforce 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
Bike Citizens deletes or anonymizes your personal data as soon as they are no longer needed to achieve the purposes for which they were collected and processed, provided that legal retention obligations do not prevent deletion and we do not need the data in individual cases to defend or enforce 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.
CAMPAIGNS
Our apps allow voluntary participation in “campaigns”. For campaigns, other personal data may be processed, or certain data passed on to partners on our behalf or in collaboration with partners. This is governed in the privacy policy of the corresponding campaign.
The legal basis for data processing as part of campaigns is your consent in the context of entry into the campaign (Art. 6 Para. 1 letter a GDPR). For legal remedies within revocation and contact data, see below.
COMPETITIONS
As part of the campaigns, you may be able to participate in competitions and win prizes. In order to carry out the competitions, it may be necessary to pass on certain personal data to our contractual partners who are responsible for drawing the prizes. The legal basis for data processing in the context of competitions for campaigns is the fulfillment of the contract (Art. 6 para. 1 lit. b GDPR).
SAVING AND DELETION
Bike Citizens deletes or anonymizes your personal data as soon as they are no longer needed to achieve the purposes for which they were collected and processed, provided that legal retention obligations do not prevent deletion and we do not need the data in individual cases to defend or enforce 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.
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. You can also request the deletion of your personal data unless other legal obligations require storage and we do not need the data in individual cases for the defense or enforcement of legal claims.
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 within the app can take you to the services of a third party. We recommend you read the data protection notes on their websites to find out how they handle your personal data.
Date: 15.03.2023