Data Privacy Statement for the Use of Playtime, Version: 18.04.2019

This Data Privacy Statement applies for the offering and use of the “Playtime” service (hereinafter referred to as “Playtime”), which is provided to you by adjoe GmbH, 20359 Hamburg (hereinafter referred to as “we” or “us”) for use on your mobile device. Access to Playtime is possible via partner apps, which integrate Playtime in their apps (hereinafter referred to as “Playtime partner app”). The Playtime partner app acts as a distribution channel for Playtime. The provider of the Playtime partner app does not become the contractual partner of the user for using Playtime. Neither do we become the contractual partner of the user for using the Playtime partner app.

When using Playtime, personal data will be collected, processed and used by us. Because the protection of your privacy when using Playtime is important to us, we would like to inform you with the following information about what personal data we collect when you use Playtime and how we handle this data.

You can access this Data Privacy Statement at any time under the “Datenschutz” (data privacy) heading within the service or at Privacy.

Data Controller

adjoe GmbH, 20359 Hamburg (you will find exact contact details in the legal notice in the adjoe partner app or at Imprint) is the “controller” in accordance with the applicable data protection law, in particular the EU General Data Protection Regulation (GDPR).

Should you have any questions or comments about data privacy when using Playtime, please feel free to contact us by post (adjoe GmbH, Neuer Pferdemarkt 1, 22769 Hamburg) or send us an email to dataprivacy@adjoe.zone.

What is Personal Data?

“Personal data” is information, or parts thereof, by means of which you can be identified either directly (e.g. by your name) or indirectly (e.g. by pseudonymised data such as a unique ID). This means that personal data includes, for example, email addresses, addresses, mobile phone numbers, user names, profile pictures, personal preferences and use behaviour regarding the apps used on your end device, user content, financial information and health-related information. However, this could also include one-time identifiers such as the IP address of your end device or the browser you use, and other specific information about your mobile device.

This Data Privacy Statement covers all personal data that is stored and processed by you when using Playtime.

Collection and Use of Your Data

In some cases, you will provide us with immediate access to the data (e.g. when registering for Playtime and contacting us) and in some cases we will collect the data automatically during the use of Playtime (e.g. in order to offer our services and understand how you use our services and your apps).

We will use your data to perform and process the contract on the use of Playtime. Within this framework, we will use your data primarily for the calculation and payment of the bonuses acquired by you in the course of your use of Playtime, to provide these bonuses in your used apps and inform you about apps participating in Playtime. Other use will only take place due to other statutory obligations or authorisation, if you have granted us permission, or if the use is for legitimate interests of adjoe GmbH as the provider of Playtime.

The legal basis for the processing of your data may be the following:

What Rights Do You Have Regarding Your Data?

You have the right at any time to receive free information about the extent and content of the processing of your personal data by us. You also have the right to request from us the rectification, restriction of processing, or erasure of your personal data.

In the event of data privacy violations, you also have the right to lodge a complaint with the competent supervisory authority.

Further information can be found further down in this Data Privacy Statement, in the following section: “Your Rights as a Data Subject”.

In particular, your personal data will be used as follows during the use of Playtime:

Registration

To use Playtime, you have to register for the service and give us permission to use your personal data. We will use your personal data for the calculation and payout of bonuses which you have acquired by using Playtime. Moreover, we will use your personal data to inform you about apps participating in Playtime.

Consent to the Processing of Personal Data for the Use of Playtime

When using Playtime for the first time, you first have to accept our terms and conditions of use (GTC) during the registration and agree to the processing of your personal data by Playtime. For this purpose, you have to confirm the following declaration of consent by clicking on the “ACCEPT” button underneath (if you do not want to give consent, please click on “REJECT”; the use of Playtime will then not be possible):

I hereby consent to adjoe GmbH using the following personal data within the framework of the use of Playtime:

The data will be connected to your end device via the device ID (so-called GAID or IDFA) and sent, encrypted, to our servers.

The processing of the above data is necessary to be able to recommend, via system messages, the installation of apps available in Playtime that match my interests, and calculate the bonuses acquired as a result of my use of the corresponding apps.

I am aware that a profile of interests will be generated using the above data, and depending on the types of app I use, this may contain particularly sensitive personal data (e.g. health-related data or data about my sexual orientation, and any other data in special categories pursuant to Art. 9[1] GDPR).

In order for app providers to finance our app suggestions, they must be sent the device ID for billing purposes.

Information about Withdrawing Consent

The withdrawal of your consent and the termination of the use of Playtime is possible at any time with future effect, and can be sent to adjoe GmbH by email to dataprivacy@adjoe.zone.

Special fees (beyond the regular transmission fees of your telephone or internet service provider, or letter postage) do not apply for the withdrawal of consent. In the event of withdrawal, your data will be erased from the Playtime database; if an erasure is not possible, it will be blocked instead of erased. Further use by Playtime is no longer possible after the withdrawal of your consent.

Registration/Setting Up a User Account

Use Data

During the use of Playtime, we log and store certain data automatically.

Data Processing for the Recommendation of New Apps

To be able to recommend to you other apps that participate in Playtime based on your current app preferences, a list of apps currently installed on your end device, as well as apps that you have already installed (but that you have deinstalled) in the operating system installed on your end device, including a use history of all these apps, will be sent to us.

In order to know your long-term preferences and continue to offer you interesting apps, after the installation of Playtime and permanently during the use of Playtime, other apps installed by you on your end device will be automatically recognised by Playtime and the name of each newly installed app will be sent to us.

In addition, we will log data about the use of the apps running in the foreground of your end device and the temporal extent of the use (date, time and duration of the use of all apps).

We will also log this information if the Playtime partner app is not active.

For the logging of the use data within Playtime, we measure the so-called “customer journey”. For this purpose, each click or typing of a key within Playtime will be logged and linked to your profile or stored on the server.

The processing of this data takes place based on the consent granted by you (see above) and serves to perform the contract on the use of Playtime by you.

Data Processing for the Calculation of Bonus Payments

We also use the data about your use of the apps running in the foreground of your end device to calculate the bonuses generated by you, if you have obtained and installed these apps via Playtime. For this purpose, we also log and use data about your purchases of services and virtual items within the framework of the apps used by you (in-app purchases), and about relevant in-app occurrences relevant for the calculation of the bonuses, such as level increases.

The processing of this data takes place based on the consent granted by you (see above) and serves to perform the contract on the use of Playtime by you.

Use Data about the End Device Used by You

In order to be able to identify you beyond any doubt during the use of Playtime and allocate you for the purpose of the recommendation of new apps, and the calculation and payment of the bonus payments, we store other data about the use of Playtime and the end device used by you for this purpose. This includes the so-called Google Advertiser ID (“GAID” for Android) and the so-called Apple Identifier for Advertisers (“IDFA” for Apple iOS), the model and product name of your end device, the version of the operating system, the browser type used and its display resolution, as well as the IP address allocated to your end device and information about when which content from our offering was accessed, the names of the files requested, and their dates and times of access. We require this data to determine the content requested by you (e.g. text, images, games and product information as well as files provided for download etc.), in order to enable the offering of our services in accordance with the terms and conditions of use, and for the optimal display of Playtime on your end device. In order for app providers to finance our app suggestions, they must be sent the device ID for billing purposes if you installed a new app of one of our partners on your device after it has been suggested to you by Playtime.

The processing of this data takes place based on the consent granted by you (see above) and serves to perform the contract on the use of Playtime by you.

If our server logs also automatically log your IP address, this will take place solely for the purpose of guaranteeing the security of our systems, or for fraud prevention, and the IP address will be automatically erased after 30 days at the latest.

The processing of this data therefore takes place to safeguard legitimate interests of adjoe GmbH as the provider of Playtime.

Anonymised Use Data to Improve Our Services

Otherwise, the above-mentioned use data will be prepared, and we will process it in a general and anonymised manner in order to generally analyse the use of Playtime. This data includes the models and product names of the end devices employed for the use of Playtime, the version of the operating system, the browser types used and their display resolutions, as well as general details about when which content from our offering is accessed, the names of the files requested or which data is accessed most frequently, and their dates and times of access. This data is solely for the needs-based design of Playtime and therefore to constantly improve our services, and detect and rectify any security flaws.

This data does not enable matches to be made to you personally.

The processing of this data will take place to safeguard legitimate interests of adjoe GmbH as the provider of Playtime.

Note: Authorisation to Access Functions and Data on the End Device

In order to be able to use all functions of Playtime, you must grant Playtime any necessary authorisation to access certain functions and data on your end device (however, this is dependent on your device and the operating system, on which we have no influence). We will use all authorisation granted by you solely for the above-named purposes, even if authorisation granted (e.g. for technical reasons) theoretically enables other possible uses. You can normally (in other words, depending on your device and the installed operating system) cancel granted authorisation in your device settings at any time.

Contact Section

In the contact section of the service, you can contact us via email by using our contact form. Your email address will thereby be collected by us. You can decide yourself which data you provide to us within the framework of the contact.

In this case, we will only use your data to respond to your query.

The processing of this data takes place based on your permission and to safeguard legitimate interests of adjoe GmbH as the provider of Playtime.

Storage Duration of Your Data

We will only store your personal data for as long as we need it for the performance of the contract on the use of Playtime, for the fulfilment of your wishes, or for our legitimate interests for the purposes of which we have logged your personal data, or for as long as is permitted or required by law:

When we no longer require your personal data, we will erase it from our systems and records, or anonymise it so that it can no longer be identified.

We can retain certain personal data in order to comply with our statutory and regulatory obligations, and to enable us to manage our rights (e.g. the assertion of our rights in court), or for statistical purposes.

Forwarding of Data

The passing on of your personal data without your explicit prior permission will only take place in the following cases, in addition to the other cases named in this Data Privacy Statement:

Security Measures to Protect the Data Stored by Us

We are obliged to protect your privacy and treat your personal data confidentially. Your data will be stored in our databases, which are only accessible to us and employees specifically trained in data protection.

If we use support from third-party service providers who process your data on our behalf in order to provide our web services, we have ensured that they are subject to the strict conditions of this Data Privacy Statement, and that the use of your data beyond the cases described in this Data Privacy Statement will not take place. All contractors, service providers and their employees are subject extensively to our instructions and are also in particular legally obliged to observe, and trained in, the protection of your data.

In order to prevent the loss or misuse of the data stored by us, we take comprehensive technical and organisational safety precautions, which are regularly reviewed and adjusted to meet technological advances. If it is within our sphere of influence, we use in particular modern encryption techniques as well as a variety of other measures to prevent third parties from obtaining unauthorised information.

However, we would like to point out to you that due to the structure of the internet, it is possible that the data protection regulations and the above-named security measures of other persons or institutions not within our area of responsibility cannot be observed. In particular, data passed on in a non-encrypted form can be read by third parties, even if it is sent via email. We have no technical influence on this occurrence. In these cases, it is the responsibility of the user to protect the data it provides against misuse, by encryption or other methods.

Data Storage Abroad

We consistently ensure the strict data protection made legally binding in the European Union. In some cases, particularly for technical reasons, it may transpire that your data entrusted to us is stored on servers outside of your country (even outside of the European Union) in which you originally entered your data. In this case and in the case of a risk that countries to which your data are sent are not subject to data protection law that is just as strict as that in your home country and in the country from which you use our services, we ensure that your data is handled in accordance with the provisions of this Data Privacy Statement.

Your Rights as a Data Subject

As a data subject in the data processing by Playtime, you have the following rights listed in this section.

Please note that we may request proof of your identity and extensive information about your query before we can process it.

Information, Restriction of Processing and Erasure

Within the framework of the applicable statutory provisions, you have the right at any time to obtain free information about the data stored about you personally, its origin and recipients, and the purpose of the data processing. On presentation of the respective prerequisites, you may also have the right to the rectification of incorrect data, the restriction of the processing, and the erasure of data.

Withdrawal of Your Consent to Data Processing

Some forms of data processing are only possible on the basis of your explicit consent. You can withdraw consent already given at any time. The legitimacy of the data processing carried out until the withdrawal will remain unaffected by the withdrawal.

Right to Data Portability

Regarding the data that we process automatically on the basis of your consent or in the performance of a contract, you generally have the right to access it yourself or have it provided to a third party in a customary, machine-readable format. If you require the direct transfer of this data to a third party, this will only take place if this is technically possible with reasonable effort.

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of data privacy violations caused by us, you have the right to lodge a complaint with the competent supervisory authority. The supervisory authority responsible for adjoe GmbH in data protection law matters is the Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (HmbBfDI), the contact details of which can be found in the following link: https://www.datenschutz-hamburg.de/wir-ueber-uns-kontakt/wie-erreichen-sie-uns.html.

Contact

Should you have any questions or comments about the handling or use of your personal data, should you require information about the personal data stored about you, or should you wish to exercise your other rights named above, you can contact us by post at adjoe GmbH, Neuer Pferdemarkt 1, 20359 Hamburg or by sending an email to dataprivacy@adjoe.zone.

Operational Data Protection Officer of adjoe GmbH

As legally stipulated, we have appointed a data protection officer for our company:

Mr Rechtsanwalt Stephan Krämer, LL.M.

KINAST Rechtsanwaltsgesellschaft mbH, Hohenzollernring 54, D-50672 Köln

You can contact our data protection officer via email at dataprivacy@adjoe.zone.

Links to Third-party Websites

On our website, there are links to websites of other service providers. When activating these links, you will be forwarded directly to the websites of the other service providers. You will notice this by the change of URL, amongst other things.

We cannot accept any responsibility for the confidential handling of your data on these websites of third-party companies, as we have no influence on the compliance of these companies with the data protection regulations. Please inform yourself about the use of your personal data by these companies directly on these websites.

Changes to this Data Privacy Statement

We always keep this Data Privacy Statement up-to-date. Therefore, we reserve the right to change it from time to time and update it with changes during the collection, processing and use of your data. Therefore, please read through this Data Privacy Statement regularly. You can access the current version of this Data Privacy Statement at any time under the “Datenschutz” (data privacy) heading in the Playtime partner app or at Privacy.