PRIVACY POLICY
Last Updated: 7th March 2024
VorfahrQR UG, its affiliates, and subsidiaries (collectively, VorfahrQR, we, or us) are pleased to provide to users (afterwise — user, you, your) certain websites, software, applications, content, products, and services (collectively, “VorfahrQR Services”).
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE PROVIDING ANY KIND OF YOUR PERSONAL DATA AND/OR USING VORFAHRQR SERVICES. THIS PRIVACY POLICY GOVERNS THE PROCESSING OF YOUR PERSONAL DATA BY US IN GENERAL. BY CONSENTING AND PROVIDING US WITH YOUR PERSONAL DATA TO USE THE VORFAHRQR SERVICES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY (afterwise also Policy).
TABLE OF CONTENTS
1. Scope of this Privacy Policy
2. Data Controller
3. Principles of Data Processing
4. Types of Personal Data We Collect and Process, including data from third parties such as Google (see section d) and Facebook (see section e).
5. Personal Data Collected in an Automated Way
6. Lawful Basis of Data Processing
7. Use of Your Personal Data by VorfahrQR Services
8. Consent to Personal Data Processing
9. Compliance with Data Protection Laws in Applicable Jurisdictions
10. Your Privacy Rights
11. Data Storing and Deletion
12. Data Security
13. Contractors
14. Children’s Privacy
15. Application of this Privacy Policy
16. Acceptance of this Privacy Policy
17. Changes and Updates
18. CONTACT US!
1. Scope of this Privacy Policy
a. This Policy describes the processing of Personal Data (any information related to an identified or identifiable living individual) provided or collected on the sites and applications where this Policy is posted (or which link to this Policy). We follow this Policy in accordance with applicable law in the places where we operate. Sometimes, we may provide additional data privacy notices specific to certain products, practices, or regions. Our Terms of Service are to be read in conjunction with this Policy.
b. Please keep in mind that our Website (shall mean the websites https://vorfahrqr.de/) and application (available in the near future) may contain links to other websites not owned or controlled by us, and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our Website or application and to read the privacy policies of other websites that may collect and process your Personal Data.
c. This Policy applies to the following people:
I. people who use the VorfahrQR Services (for this Policy, we define the term “user”, “you”, “your”, and “yours” as a person who has access to the VorfahrQR Services);
II. people who make complaints to us by email.
d. We do not sell your Personal Data to third parties. A “sale” of Personal Data under the CCPA is defined broadly to include the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means ''the Personal data of a Consumer to another business or third party “for monetary or other valuable consideration.” If we decide to sell the VorfahrQR Services, we will inform you about this, so you can forbid us from transferring your Personal Data along with our business. If so, we will delete your Data from the databases prior to a business transfer.
2. Data Controller
a. VorfahrQR UG, a German limited liability company doing business at Cimbernstraße 13 A, 81377, München, Germany, company number: HRB 288458, is the datacontroller that is responsible for the Personal Data collected and used within the scope of this Policy from our Website and application (available in the near future).
3. Principles of Data Processing
a. According to Art. 5 of the EU General Data Protection Regulation (GDPR), we adhere to the following principles to protect your privacy:
I. principle of lawfulness, fairness, and transparency — we process Personal Data lawfully, fairly, and transparently concerning the data subject;
II. principle of purpose limitation — we collect Personal Data for specified, explicit, and legitimate purposes and do not further process it in a manner that is incompatible with those purposes;
III. principle of data minimization — we collect adequate Personal Data, relevant and limited to what is necessary concerning the purposes for which we process Personal Data;
IV. principle of data accuracy — we accurate Personal Data and, where necessary, keep it up to date. We take every reasonable step to ensure that inaccurate Personal Data, having regard to the purposes for which they are processed, are erased or rectified without delay;
V. principle of storage limitation — we keep Personal Data in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the Personal Data are processed;
VI. principle of integrity and confidentiality — we process Personal Data in a manner that ensures appropriate security of the Personal Data, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage, using appropriate technical or organizational measures.
4. Types of Personal Data We Collect and Process
a. To fulfill our obligations on the provision of a license for VorfahrQR Services for you, we are entitled to ask you to provide us with your Personal Data, including (but not limited):
I. your Name and Surname;
II. your Email address;
III. a password to be set up to use VorfahrQR Services.
b. To fulfill our obligations on the goods delivery or return, as well as identifying and resolving delivery issues, we are entitled to ask you to provide us with Personal Data, including (but not limited):
I. your Name and Surname;
II. your Address.
c. To fulfill our obligations on the provision of a license for VorfahrQR Services for you as our business partner within selling or promoting our goods or similar capacity in relation to our goods, services, or products, we are entitled to ask you to provide us with your Personal Data, including (but not limited):
I. your Name and Surname;
II. your Email address;
III. a password to be set up to use VorfahrQR Services;
IV. your Company Name;
V. your Address;
VI. your Telephone Number.
d. To make things easier for you, you may be able to use your account credentials with Google as Third Party Service to sign in to VorfahrQR Services. By doing so, you acknowledge that some Google account information may be transmitted into your VorfahrQR account with us and that such Google account information transmitted to VorfahrQR is covered by this Privacy Policy. Such Third Party Services may be collecting information about your browser or online activity through its tracking technologies and are subject to their privacy policy [link].
e. To make things easier for you, you may be able to use your account credentials with Facebook as Third Party Service to sign in to VorfahrQR Services. By doing so, you acknowledge that some Facebook account information may be transmitted into your VorfahrQR account with us, and that such Facebook account information transmitted to VorfahrQR is covered by this Privacy Policy. Such Third Party Services may be collecting information about your browser or online activity through their tracking technologies and are subject to their privacy policy [link].
f. We may collect Personal Data from you in various ways and circumstances, including, but not limited to, accessing VorfahrQR Services, a subscription to a newsletter, filling out a form (may be of a different kind), responses to marketing emails sent to you, and collecting Personal Data contained in collected/used online identifiers and providing feedback. We shall be entitled to combine Personal Data collected during your interaction with different VorfahrQR Services sections with any other relevant information.
5. Personal Data Collected in an Automated Way
We may also automatically collect data about the devices you use to interact with VorfahrQR Services. Personal Data automatically collected by or transmitted to us in the course of accessing, interacting, and/or operating VorfahrQR Services may include, without limitation, the following Personal Data:
I. device information, which may include (but is not limited to) information about the personal computer or laptop you use to access VorfahrQR Services, including the hardware model, operating system and version, VorfahrQR Services you use, and other device identifiers;
II. server log information, which may include (but is not limited to) your login details, the date and time of visits, the pages viewed, your IP address, time spent at VorfahrQR Services;
III. information collected by Cookies and other similar technologies. We and our service providers may use various technologies to collect information when you interact with VorfahrQR Services, including Cookies and other similar technologies (such as localStorage). LocalStorage are small data files that are stored on your device when you visit the Website, which enables us to collect information about your device identifiers, IP address, web browsers used to visit the Website, pages or features viewed, time spent on the Website, and links clicked. Where required, you will be asked for consent to our use of localStorage.
6. Lawful Basis of Data Processing
a. Under Art. 6 of the GDPR, we only process Personal Data where we have a lawful basis for doing so.
I. The processing of Personal Data, described in p. 4a, 4b, 4c, and 4d of this Privacy Policy, is based on consent (Art. 6 (1) lit. (a) GDPR) and is performed only for the purposes specified in this Privacy Policy — to provide license and access to VorfahrQR Services, and deliver goods to you or accept a return from you.
II. The processing of Personal Data, described in p. 4e of this Privacy Policy, is based on consent (Art. 6 (1) lit. (a) GDPR) and is performed only for the purposes specified in this Privacy Policy — to personalize your experience with VorfahrQR Services and for marketing and promotion of VorfahrQR Services or related products, including those of a third party’s products which are related to VorfahrQR Services.
III. The processing of Personal Data, described in p. 5a-i and 5a-ii of this Privacy Policy, is based on a legitimate interest (Art. 6 (1) lit. (f) GDPR) and is performed only for the purposes specified in this Privacy Policy — to contact you about, and conduct, surveys or polls you choose to take part in and to analyze the data collected for market research purposes.
IV. The processing of Personal Data, described in p. 5a-iii of this Privacy Policy, is based on consent (Art. 6 (1) lit. (a) GDPR) and is performed only for the purposes specified in this Privacy Policy —to provide a more significant and better experience with us and other related purposes.
7. Use of Your Personal Data by VorfahrQR Services
a. We may use your Personal Data for various purposes, primarily regarding providing information about and providing VorfahrQR Services. We may also use the Data for other purposes as otherwise allowed by law. We may use your Personal Data for such purposes, including, but not limited to:
I. provide license and access to VorfahrQR Services;
II. meet your request concerning the VorfahrQR Services to formalize the development of the contractual relationship;
III. ensuring compliance with the agreements with users;
IV. handle your orders and requests, including requests for technical support and assistance;
V. provide a more significant and better experience with VorfahrQR Services;
VI. properly fulfill tax-related and accounting obligations imposed by applicable laws;
VII. detect, investigate, and prevent illegal activities or conduct that may violate the Terms of Service of VorfahrQR Services and this Privacy Policy;
VIII. for creating and managing VorfahrQR accounts or other user profiles (if applicable);
IX. for fraud protection, and security and bug-fixing activities;
X. personalize your experience with VorfahrQR Services or display content that we believe will be of interest to users;
XI. for processing payments and billing;
XII. contact you concerning, and conduct surveys or polls you choose to take part in and analyze the data collected for market research purposes;
XIII. conduct internal research and development and improve, test, and enhance the features and functions of VorfahrQR Services;
XIV. respond to users’ correspondence, contact users when necessary and/or upon their request, and/or send them information about VorfahrQR or VorfahrQR Services;
XV. send emails and other communications in accordance with the user’s preferences;
XVI. for marketing and promotion of VorfahrQR Services or related products, including those of a third party’s products that are related to VorfahrQR Services (If you do not want us to use your data in this way, please let us know by contacting us at: VorfahrQR@gmail.com);
XVII. meet our internal and external audit requirements, including our information security obligations;
XVIII. tracking purchases and usage data;
XIX. protect our property rights or those of users or third parties;
XX. respond to claims that publications or other content violates the rights of third parties;
XXI. any other purpose as we determine, at our sole discretion, to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, public, and/or VorfahrQR Services or to comply with requirements of any applicable law.
8. Consent to Personal Data Processing
a. Consent to Personal Data Processing. By accepting this Privacy Policy, you approve that you are solely responsible for all your actions and fully understand the statements outlined in this Privacy Policy.
b. EU Persons Consent to Personal Data Processing. If you are an EU Person and to process your Personal Data, we need to receive your consent, as prescribed by GDPR, we will process your Personal Data only in the case we have received from you a freely given, specific, informed, and unambiguous indication of your wishes by which you signify agreement to the processing of your Personal Data (“Consent”). You may give your Consent by ticking the respective box when you register for an account with VorfahrQR Services. If you tick the respective box, you irrevocably and unconditionally consent and agree that we shall be entitled to process your Personal Data as indicated by your Consent. Your Consent covers all processing activities with your Personal Data carried out for the same purpose or purposes. When the processing has multiple purposes, your Consent should be deemed given for all of them.
c. Non-EU Persons Consent to Personal Data Processing. If you are not an EU Person, by transferring to us your Personal Data via the VorfahrQR Services or otherwise, you irrevocably and unconditionally consent and agree that we shall be entitled, in accordance with this Policy:
I. to process in any manner, including to collect, store, use, disclose, share, and transfer (including cross-border), your Personal Data so provided to us, as well as your Personal Data collected from your use of VorfahrQR Services (i.e., your Personal Data which we collect automatically and/or from other sources); and
II. to use Cookies web beacons (pixel tags), and other similar technologies (such as localStorage) to collect your Personal Data.
Compliance with Data Protection Laws in Applicable Jurisdictions
a. If you are located in the European Economic Area (EEA), privacy rights are granted, and all processing of Personal Data is performed by regulations and rules following Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”).
b. If you are located in California, all Personal Data processing is performed per regulations and rules following the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”).
c. If you are located in the United Kingdom, all Personal Data processing is performed per regulations and rules following the Data Protection Act 2018 (“DPA 2018”).
d. If you are located in Switzerland, all Personal Data processing is performed per regulations and rules following the Federal Act on Data Protection (“FADP”).
e. The relevant data protection law will apply if you are located in another country or territory.
10. Your Privacy Rights
a. Subject to possible restrictions under national law, as a data subject under the GDPR, you may have certain rights regarding the Personal Data we process on you.
b. Under Chapter 3 of the General Data Protection Regulation (GDPR), the rights of the data subjects include the following:
I. The Right to Access. You may contact us to get confirmation as to whether or not we are processing your Personal Data. When we process your Personal Data, we will inform you of what categories of Personal Data we process regarding you, the processing purposes, the categories of recipients to whom Personal Data has been or will be disclosed, and the envisaged storage period or criteria to determine that period;
II. The Right to Withdraw Consent. In case our processing is based on the consent granted, you may withdraw the consent at any time by contacting us or by using the functionalities of the Website or otherwise via VorfahrQR Services. You can withdraw your consent at any time by replying to the email with your withdrawal, and your Personal Data will be deleted immediately. Withdrawing consent may lead to fewer possibilities to use VorfahrQR Services;
III. The Right to Object. If our processing is based on a legitimate interest in running, maintaining, and developing our business, you can object to our processing at any time. We shall no longer process your Personal Data unless for the provision of VorfahrQR Services or if we demonstrate other compelling legitimate grounds for our processing that override your interests, rights, and freedoms or for legal claims. Notwithstanding any consent granted beforehand for direct marketing purposes, You have the right to prohibit us from using Personal Data for direct marketing purposes, by contacting us or by using the functionalities of the Website or VorfahrQR Services, or unsubscribing possibilities in connection with our direct marketing messages;
IV. The Right to Restriction of the Processing. You have the right to obtain from us restriction of processing of your Personal Data, as foreseen by applicable data protection law, e.g., to allow our verification of the accuracy of Personal Data after you contest the accuracy or to prevent us from erasing Personal Data when Personal Data is no longer necessary for the purposes but still required for your legal claims or when our processing is unlawful. Restriction of processing may lead to fewer possibilities to use VorfahrQR Services;
V. The Right to Data Portability. You have the right to receive your Personal Data from us in a structured, commonly used, and machine-readable format and to independently transmit those data to a third party, in case our processing is based on your consent and carried out by automated means;
VI. The Right to Complain. You have the right to complain to any relevant Data Protection Authority, particularly in the Member State of your residence, place of work, or the place of processing your Personal Data. If you wish to exercise any of the aforementioned rights, please contact us via VorfahrQR@gmail.com.
VII. How to Use These Rights. To exercise any of the above-mentioned rights, you should primarily use the functions offered by the Website or otherwise via VorfahrQR Services. If such functions are insufficient for exercising such rights, you shall send us a letter or email to the address set out below under the Privacy Policy, including the following information: name, address, phone number, email address, and a copy of a valid proof of identity. We may request additional information necessary to confirm your identity. We may reject unreasonably repetitive requests, excessive, or manifestly unfounded.
11. Data Storing and Deletion
a. We store your Personal Data for as long as needed to provide you with VorfahrQR Services. We may store Data longer, but only so that it cannot be tracked back to you. When Personal Data is no longer needed, we delete it using reasonable measures to protect it from unauthorized access or use.
b. EU Territory. We store Personal Data as long as needed to provide VorfahrQR Services. Traffic information is erased or made anonymous when it is no longer needed for the transmission or, in the case of payable VorfahrQR Services, up to the end of the period during which the bill may lawfully be challenged or payment pursued. Direct marketing and provision of value-added VorfahrQR Services information (including traffic information used for these purposes) are stored as long as the same is necessary for the provision of these activities or up to the time when a user opts out from such use under this Privacy Policy. Other information is stored for as long as we consider it to be necessary for the provision of VorfahrQR Services. This Section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary for us to provide the VorfahrQR Services you requested.
c. As the GDPR statement explains, we strive to anonymize the data when possible. If you decide to exercise your right to erasure, we will inform our providers to delete all your Data.
d. US Territory. We will retain collected Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a more extended retention period is required or permitted by applicable legislation.
e. Storing Rules Dependence. Storing might differ depending on the territory of collecting the Data and the applicable legislation, but we always strive to store the information only as long as it is needed to provide, improve, or personalize VorfahrQR Services.
12. Data Security
a. We care to ensure the security of Personal Data. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and after receiving it. We maintain technical, physical, and administrative security measures to provide reasonable protection for your Personal Data. When we or our contractors process your Data, We also make sure that your Data is protected from unauthorized access, loss, manipulation, falsification, destruction, or unauthorized disclosure. This is done through appropriate administrative, technical, and physical measures.
b. By accepting this Privacy Policy, you confirm that you understand and acknowledge that there is no 100% secure method of transmission over the Internet or method of electronic storage. Therefore, we cannot guarantee its absolute security.
c. Specific Categories of Data. VorfahrQR Services does not seek to collect sensitive personal data (racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, person’s sex life or sexual orientation) from any user. Please, do not share with us any sensitive personal data if you don’t want us to collect it. If you choose to input sensitive personal data via the VorfahrQR Services, we will do our best not to use or disclose sensitive personal data for the purpose of providing characteristics about any person. If this ever changes in the future, we will update this Privacy Policy and provide you with methods to limit the use and disclosure of sensitive personal data.
13. Contractors
a. Third-Party Service Providers. We work with third-party service providers who provide website, application development, hosting, maintenance, and other services for us. These contractors may have access to or process Personal Data on our behalf as part of providing those services for us. We limit the information provided to those service providers to that which is reasonably necessary for them to perform their functions.
b. For users in EEA: All data transfers are performed in accordance with the highest security regulations. Transfer of Personal Data to countries outside of the European Economic Area may be possible only in the case when we have obtained your consent for it. All data we process is stored exclusively in secure hosting facilities provided by Amazon AWS (Frankfurt, Germany).
c. Cloud storage. To provide you with VorfahrQR Services, we may use cloud storage services provided by Wasabi (Frankfurt, Germany).
d. Payment Processing. We use a third-party payment processor, currently Stripe (“Payment Processor”), to assist in securely processing your payment information. If you pay with a credit (or other type) card, the payment information you provide through VorfahrQR Services is encrypted and transmitted directly to the Payment Processor. We do not store your Payment Information (except the last four numbers of applicable credit (or other type) cards used for payment to VorfahrQR Services to guarantee the possibility of refund) and do not control and are not responsible for the Payment Processors or their collection or use of your information. You may find out more about how the Payment Processors store and use your Payment Information by accessing the Payment Processors Privacy Policy.
e. Analytics. We use Google Analytics to create detailed statistics of the Website and VorfahrQR Services users. The statistics are collected on Google’s server; the user only places JS code on the pages of his or her site. The tracking code is triggered when the user opens the page in his or her web browser. For more information on Google Analytics' privacy practices, please visit the Privacy Policy.
f. Other Permitted Disclosure. We may share your Personal Data with our insurers and our professional advisors (lawyers, bankers, auditors, corporate financiers, brokers, etc.), as well as our employees and other personnel in connection with the services/work they provide to us. If we share your Personal Data with those processors, we will require the recipient to keep it confidential and secure. To provide you (or your organization) with VorfahrQR Services, we may provide Personal Data to the courts, lawyers advising the other parties to a matter, or other professionals (such as overseas law firms, patent agents, forensic accountants, or barristers).
14. Children’s Privacy
a. We do not intentionally collect or maintain information from persons under the age of 16; however, according to each country and its laws, the processing of the Personal Data of a child will be lawful where the child is at another age.
b. If we determine upon collection that a user is under the age of 16, we will not use or maintain his/her Personal Data without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.
c. We also recommend that parents monitor their children’s Internet activities and learn and employ software or other tools to help their children enjoy their online experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parent/guardian’s preferences.
15. Application of this Privacy Policy
a. This Privacy Policy applies to the Website. Once redirected to another website or application, this Policy is no longer applicable.
16. Acceptance of this Privacy Policy
a. Accepting the relevant checkbox on the Website or otherwise via VorfahrQR Services referring hereto makes you agree with the uploaded Privacy Policy.
b. We assume that all users have carefully read this document and agree to its content. If one disagrees with this Privacy Policy, they should not use this Website or VorfahrQR Services, accordingly.
17. Changes and Updates
a. From time to time, we may update this Privacy Policy. We encourage you to periodically check back and review this Privacy Policy so that you always know what data we collect, how we use it, and with whom we share it.
b. Our updated Privacy Policy will be effective upon posting to the Website or otherwise via VorfahrQR Services. Your continued access to or use of the Website or VorfahrQR Services, accordingly, is considered your acceptance of the updated Privacy Policy.
18. CONTACT US!
a. If you have any questions, suggestions, or comments, please contact us via email at VorfahrQR@gmail.com.