Cool & Move GmbH i.L.
Version: 2.0 as of 25th of May 2018
1. Scope of application
2. Personal Data
“Personal data” are individual details about personal or objective circumstances of a specific or determinable natural person.These data include name, mailing address, birth date and gender as well as information through the use of the offering, e.g. game and exercise results and individual high scores the User achieves. Information that the User provides to other Users via the offering of C&M (e.g. photos, chat-contents) may also constitute personal data.
3. Collecting and Use of Data, Google Analytics, Social Plugins and Advertising
3.1 Analysis of the Offering by Google Analytics
The offering of C&M uses Google Analytics, a web analytics service of Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). Google Analytics uses so-called “Cookies”, text files, which are stored on your computer and enable an analysis of the use of the offering by the User. By activating IP anonymization on this offer, the IP address of the User will however be shortened by Google within the member states of the European Union or other contracting states of the agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a server in the US and shortened there. Google will, on behalf of C&M, use the information to analyze the use of the offering by the User, in order to compile reports about the activities of Users on the offering and in order to provide further services associated with the use of the offering and the internet. Google will in no way combine the IP address of a User with other data of Google. Users can prevent the saving of cookies by a corresponding setting in the browser software; C&M however points out that in this case Users can if applicable not use all functions of the offering of C&M in full. The Users can object to the collection and use of their IP address by Google Analytics by downloading and installing the browser plugin available here:
Alternatively to using the browser plugin or within browsers on mobile devices, Users can click on the following link to prevent the collection by Google Analytics in the future:
Thereby, an opt-out-cookie will be placed on your device. In case Users delete the cookies, they will have to click the link again.
C&M informs its Users that the C&M offering is amended by Google’s offering of the Google Analytics’s Code „gat._anonymizeIp();“, to ensure the anonymization of logged IP-addresses, whereas the anonymization already takes places within the EU.
C&M uses Google Analytics in order to analyze the use of its offerings and to continuously optimize it, making it more interesting for Users as per findings from reviewing the statistics.
Legal basis for the data processing and logging for the purposes stipulated in this section is article 6, paragraph 1, page 1 lit f) GDPR. C&M’s justified interest is the improvement and development of the offering.
3.2.1 Session Cookies
C&M uses session cookies when Users use the C&M offering through a website provided by C&M. In this case, C&M’s web server automatically sends a session cookie to the User’s browser, which makes it easier for the User to navigate in the offering. The session cookie contains a value, by means of which the C&M software can determine which page is supposed to be displayed when the User clicks the “back” button in his browser. In addition, cookies contain information about the User ID, which C&M automatically allocates to each User. The cookies also contain data about the language and territory selections of User. The cookie is deleted as soon as the User logs out or closes his browser session. These session cookies are used upon the User agreeing to their use as per article 6 paragraph 1, page 1, lit a) GDPR.
3.2.2 Other Cookies
3.3 Social Plugins
The offering of C&M uses so-called plugins of social networks. There is Facebook’s “Like” button on the social network facebook.com of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), the social network Google Plus’s “+1” button of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), as well as buttons of the Twitter service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA (“Twitter”). This allows Users torecommendthis offeringto friends inFacebook,to otherusers of GooglePlusas well as followers onTwitter.For example, ifthe“Like“buttonis clicked, a message appears on the User’sFacebook pagethatthe User recommendouroffering. If the User clickstheGooglePlus „+1″ button, the recommendation appears on theUsers’s GooglePlusprofile orappears in the search resultsof the search engine“Google“.Moreover, the recommendation of C&M’s offeringmay be associatedwith the User’s profilename andthe profilephoto by third parties, which will be displayedon the Interneton websites andads. If Users send Twitter messages,it is possible toshare content of C&M’s offeringon Twitter, or to follow uson Twitter.
Use of the aforementioned social plugins by Facebook, Google and Twitter is aimed at optimizing the offering to reflect Users needs and wishes. Using the Social Plugins is a User’s voluntary act.
Legal basis for using the social plugins explained below in more detail is the individual User’s consent communication as per article 6, paragraph 1, page 1 lit a) GDPR.
3.3.1 Facebook Plugin
If Users visit our offering, which contains a Facebook social plugin, the User’s browser or device establishes a direct connection to the servers of Facebook. The content of the social plugin is transferred directly by Facebook to the Users’ browser or device which embeds the latter into the offering. Therefore, C&M cannot influence the amount of data Facebook is collecting with the help of this social plugin and can only base any information on the knowledge it has: Facebook is, through the integration of the social plugin, aware which offering Users access. While Users are logged in to their Facebook account, Facebook can assign the Users’ visit to their Facebook account. If Users interact with the social plugin, such as click on the “Like” button or leave a comment, the corresponding information with this interaction is transmitted from Users’ devices directly to Facebook and is stored there. If a User has no account on Facebook the IP address will be, according to Facebook, anonymously stored in Germany. If a User has an account on Facebook and does not wish for Facebook to collect information about them through C&M’s offering, the User must log out on Facebook before visiting the offering.
If Users visit the offering, which contains Google’s social plugin, their device establishes a direct connection to the servers of Google. The content of the social plugin, the “+1” buttons, is transferred directly by Google to your device which embeds the latter into the offering. Therefore, C&M cannot influence the amount of data Google is collecting with the help of this social plugin and can only base any information on the knowledge it has. According to Google, it does not collect personal data collected, if Users do not click on the button. Concurringly, personal data are only collected and processed for members that are logged into their account including their IP address.
If Users visit the offering which contains Twitter’s social plugin, their device establishes a direct connection to Twitter’s servers. The content of the Twitter buttons is transmitted from Twitter directly to the device of the User. Therefore, C&M cannot influence the amount of data Twitter is collecting with the help of this social plugin and can only base any information on the knowledge it has. Twitter only transmits your IP address and the text of the offering, when using the button or a Twitter message. It is not used for other purposes than the ones mentioned before, except for displaying the button or a Twitter message.
3.4 Advertising, Market and Opinion Research
In addition to the degree which is admissible according to the statutory regulations C&M shall only collect, process and use personal data of Users for purposes of advertising and/or purposes of market and opinion research insofar as the respective User has explicitly previously consented to a collection, processing and use for purposes of the market and opinion research or to a processing and use for purposes of advertising.
3.4.1 Information about the C&M Service per email
If Users declare their permission to use and process their email address, C&M will send the desired information to the respective Users, usually in the form of newsletters or invitations to participate in special offers or competitions.
In order to send newsletters or other information to Users per email (“Newsletter-Service”) C&M needs at least one valid email address of the User.
For the registration to the Newsletter-Service C&M uses the so-called double-opt-in procedure. In this procedure Users will only receive newsletters or other information after they have clicked on a special link for confirmation, which will be sent to their email address after their registration for the Newsletter-Service. This procedure should guarantee, that the respective User is the owner of the submitted email address. The confirmation through the special link has to be made within a short timeframe after the registration or the submitted email address will be deleted from C&M’s database. Until the owner of the email address confirms his wish to participate in the Newsletter-service, another registration with this email address for the Newsletter-Service will not be possible. Aforementioned newsletters or other communication pieces are send based on User’s consent as per article 6, paragraph 1, page 1 lit a) GDPR.
If the User has provided C&M with his email address during an existing customer relationship with him, C&M may send information about C&M, previously contracted services and services similar to those services which he had already contracted. Users can object to the use of their email address for the receipt of such C&M information in writing (e.g. by e-mail) at any time, without incurring transmission cost other than the delivery cost to convey the objection (at basic rates). C&M will inform the User in every newsletter and email about his rights and offer him the option to directly object to the receipt of further Newsletters or information.
Legal basis for processing the User’s personal data to send non-product related newsletters using personal data is article 6, paragraph 1, page 1 lit f) GDPR, whereas C&M’s justified interest is to advertise its own, similar products and services as part of the current customer relationship with the User. The User’s interests worthy of protection are sufficiently maintained as per §7 Sec. 3 of the “Law again Unfair Competition” (Gesetz gegen unlauteren Wettbewerb (UWG)).
3.4.2 Market research
C&M can use information stored about Users for internal surveys about demography, user interests, User interest and User behavior. This usage is carried out in an anonymized way. For purposes of advertising and market research, C&M can analyze information about Users in anonymized or aggregated form. If and insofar as C&M uses User data for creating User profiles it shall discontinue the usage if this is objected to by the respective Users. C&M uses data not anonymized nor aggregated based on article 6, paragraph 1, page 1 lit f) GDPR. C&M’s justified interest is to improve and develop the offering, products and services, of C&M.
3.5 Data Transmission
C&M will not transmit any personal data to third parties in any unlawful way.
4. Data integrity and security
C&M endeavors to achieve a level of correctness of the stored personal data of Users that is corresponding to the current standards. For this purpose, C&M will take a precautionary measure by allowing individual persons reasonable access to the stored personal data of Users in order to check, correct or anonymize (if necessary), block or delete such data. Within the framework of C&M’s offering Users also have the opportunity, following authentication, to independently inspect and/or modify the data they have transmitted.
The protection of personal data that C&M has received from Users of the offering is an important component of the company philosophy of C&M. C&M protects personal data of Users of offerings of C&M against loss, abuse and modification by means of modern security measures of a physical, technical and administrative nature. All servers are hosted by C&M or selected partners, who can ensure the same data security as C&M and are obliged to comply with data protection law.
As is the case with all transmissions of data via the Internet, however, a residual risk also remains in the case of sending and receiving personal data.
C&M points out to Users that, in spite of the stringent requirements C&M places on data protection, all information that a User voluntarily releases via the Internet can also potentially be used by others. For this reason, C&M cannot assume any responsibility or liability for the disclosure of information as a result of errors in data transmission and/or unauthorized access by third parties.
5. User Rights
Each User has the right to inquire and receive information about their personal data being stored. More detail is available under number 6.
Each User is at liberty at all times to object to the processing and use of his personal data for purposes of direct marketing and data analyses, which are based on article 6, paragraph 1, page 1 lit f) GDPR. In the instance of the last stated case, this applies only if C&M cannot prove reasons worthy of protection for processing, which outweigh the User’s interests, rights and freedom of choice or which are designed to claim, execute or defend legal claims (article 21, paragraph 1, GDPR).
In particular, Users can object to the use of their e-mail address for the receipt of newsletters and/or information of C&M at all times without cause and without incurring transmission cost for this purpose other than the delivery cost to convey the objection (at basic rates). C&M will clearly point out their right to objection to its Users both when collecting the email address as well as with each use in newsletters or other information.
If Users provide data concerning them and C&M processes these data based on Users’ consent, Users can demand to have C&M transmit the data to them in a structured, commonly used and machine-readable format or that these data are transmitted to another named responsible as far as that is technically feasible (so called Right of Transferring Data).
Each User consent to the use of his personal data can be freely revoked by the User at any point in time effective as of the time is was revoked.
In addition, the User can file a complaint against the data processing with the overseeing authorities if he believes it to be violating current law.
Users as well as third parties sometimes have a right to information with respect to the data gathered and stored by C&M.
In specific individual cases, C&M is entitled to give information or obligated to give such information to the competent offices on the basis of statutory provisions.
6.1 Users right to information
If the User takes advantage of this opportunity for the issuance of information via email, the stated email address (both sender and recipient) will not be used for any purpose other than the issuance of information and the documentation thereof.
6.2 Third parties right to information
In individual cases, C&M can be entitled to inform third parties concerning personal data of the Users of offerings of C&M. C&M reserves the use of its right to give information in individual cases following detailed review and careful consideration.
If C&M is legally obligated to forward its data to local, state, national or international agencies, C&M will comply with such obligation.
In addition, C&M will disclose data to third parties if applicable statutes and regulations require so. In these cases, the disclosure, respectively transmission of information, is based on article 6, paragraph 1, page 1 lit c) GDPR.
Moreover, C&M can disclose information in order to review or prevent illegal activities or a suspicion of fraud or to initiate appropriate counter-measures or in order to enforce or apply the contracts of C&M. In these cases, the disclosure and the possible transmission to maintain aforementioned justified interest of C&M based on article 6, paragraph 1, page 1 lit f) GDPR may be required, and therefore legal.
7. Time to Storage
C&M processes and stores personal User data only as long as is required to provide the offering, respectively to achieve the purpose of the processing or to maintain the legally required time limits for storing data.
If the User registers for the C&M offering, C&M stores the relevant personal data until the User deletes his account unless there is a legally required time limit or a C&M has a justified interest requiring the data to be processed (e.g. the processing of outstanding payments or balances), that requires the data to be stored longer.
Cool & Move GmbH i.L.
Department: Data Protection
Wöhrmannstr. 15, 47546 Kalkar, Germany