1. Controller and Data Protection Officer
The Chattyco App is operated by Chattyco GmbH, Torstr. 41, 10119 Berlin, Germany (“Chattyco”). Chattyco is responsible for the processing of your personal data.
2. Categories of Personal Data, Purpose of Use and Legal Basis
By choosing to download the Chattyco App from the App Store, necessary personal data are provided to the App Store, operated by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA. This particularly concerns your name/user name, email address, an ID assigned to your app store account, time of the download, payment information (if applicable), and your device ID. The processing of your data through the operator of the App Store is beyond Chattyco’s control and we are not responsible for such processing. Chattyco processes such personal data only insofar as it is necessary for the download to your mobile device. Legal basis for such processing is Art. 6 para. 1 b) General Data Protection Regulation (“GDPR”).
2.2 Use of the App.
Chattyco processes the following categories of data when you use the Chattyco App:
2.2.1 App usage data.
When you use the Chattyco App, we process the following sets of personal data to to enable all functionalities and ensure a user-friendly visit of our App. This means that we need to process personal data for technical reasons, in order to provide you with the functionalities of the Chattyco App, and to ensure its security:
Date and time of the request;
Time zone difference from Greenwich Mean Time (GMT)
Content of the request (specific site);
Access status / HTTP status code;
Volume of data transmitted each time;
Operating system and its interface;
Language and the country of origin for the visitor.
Your personal data will be processed for the purpose of enabling you to use the Chattyco App. In addition, we process your personal data to prevent and correct malfunctions of the Chattyco App as well as to optimize the user journey. The legal basis for this processing is an agreement concerning the use of the Chattyco App and our legitimate interest in its trouble-free operation pursuant to Art. 6 para. 1 b) and Art. 6 para. 1 f) GDPR.
2.2.2 Session Token.
In addition to the processing of personal data described above, Chattyco will place a session token on your mobile device when you use the Chattyco App. Session tokens are small files that are placed on your device’s memory and which are matched to the Chattyco App. Session tokens will provide Chattyco with certain information and are designed to enable feature and functionalities of the Chattyco App. Session tokens do not initiate programs or deliver viruses to your device.
Your personal data will be processed for the purpose of optimizing your use the Chattyco-App. The legal basis for this processing is an agreement concerning the use of the Chattyco-App and our legitimate interest in its user-friendly operation pursuant to Art. 6 para. 1 b) and Art. 6 para. 1 f) GDPR.
2.2.3 Registering and Account setting.
When registering with the Chattyco App all users must provide a freely chosen nick name and e-mail address. Such data will be processed in order to operate your account. The data will be processed to enable the use of the Chattyco App and administer your account, and is based on Art. 6 para. 1 b) GDPR.
2.2.4 Single Sign On.
If you decide to use the so-called Single Sign On procedure for login, you can sign up for the offered services in the Chattyco app, currently Instagram, Facebook, Google and Twitter. If you call up the corresponding page with the plug-in of this provider in the Chattyco app, your browser establishes a direct connection to the provider’s servers. By using the respective button you can then with your consent gem. Art. 6 para. 1 a) DSGVO in the Chattyco app. With your consent, Chattyco will provide you with the general and public information available in your profile, depending on your personal privacy settings with the provider. This information includes the user ID, name and profile picture.
2.2.5 Paid Services or Payment.
In connection with the use of paid services or payment processing, Chattyco processes the following categories of personal data:
If you choose PayPal as a payment method, your data which are required for the payment process will be automatically sent to PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg. The following data will regularly be processed:
Telephone and mobile number
b. Credit card payment.
If you choose credit card as a payment method, Chattyco will use Stripe as the payment service provider. Your data which is required for the payment process will be transmitted to Stripe, 510 Townsend Street, San Francisco, CA 94103, USA. It regularly deals with the following data:
Payment card number
If you order paid services or execute payment Chattyco will process your personal information in order to fulfill the contract and process your order. The legal basis for this processing is Art. 6 para.1 b) GDPR.
2.2.6 Content that Users Post on the Chattyco App.
If users post content on the Chattyco app, Chattyco will process the personal information submitted with the content. This is mostly information from user profiles, texts (also included in private or public conversations), images on photos or videos, recordings of the voice or additional information given in the context of transmitted content, as well as the username. In addition to this content data, Chattyco processes information on the time of upload and volume information. The data will be processed to enable the use of all functionalities of the Chattyco App and is based on Art. 6 para. 1 b) GDPR.
2.2.7 Following a public conversation.
You can follow a public conversation and will be informed of any further messages to this communication. Chattyco is processing the fact that you decided to follow a public conversation in order to display that conversation in your inbox and display you as Follower with your username which will become visible to other users. You may, at your own discretion, end the following at any time. The data will be processed to enable the use of the functionalities and is based on Art. 6 para. 1 b) GDPR.
Chattyco is processing your username and time of comment creation and content of comment in connection with your use of the rating system, comment functionalities or like buttons. The data will be processed to enable the use of the functionalities and is based on Art. 6 para. 1 b) GDPR.
2.2.9 Newsletter and marketing emails
If you sign up for the Chattyco newsletter or marketing emails, your email address will be processed by Chattyco to send you the newsletter or the marketing emails, provided that you have given your consent. Chattyco uses the so-called double opt-in method for the subscription. Accordingly, we will send you a confirmation e-mail to the e-mail address you provided during registration. If you do not click on the confirmation link contained in the e-mail, we will not be able to send you marketing emails. The data will be processed to enable the receipt of the newsletter or the marketing emails and is based on your consent according to Art. 6 para. 1 a) GDPR. You may withdraw your consent at any time with future effect by email to firstname.lastname@example.org.
Chattyco processes the following categories of data when you visit the Chattyco Website at www.chattyco.com:
Log data, such as your IP address, including details of the website request, such as date and time, status and amount of data transferred, information about the browser you are using (browser type and version number), information about the website that forwarded you to our website. Chattyco stores this data in a log file every time our website is visited. Without further information, such as information from an Internet service provider about the Internet subscriber, which Chattyco usually only receives in cases of a suspected material violation of the law, Chattyco is generally unable to assign this data to individual, identifiable persons.
Your personal data will be processed for the purpose of enabling you to use the Chattyco Website. In addition, we process your personal data to prevent and correct malfunctions of the Chattyco Website as well as to optimize the user journey. The legal basis for this processing is an agreement concerning the use of the Chattyco Website and our legitimate interest in its trouble-free operation pursuant to Art. 6 para. 1 b) and Art. 6 para. 1 f) GDPR.
Cookies, to extend the functionality of the website and to make it easier for you to use the website. These are small text files that are stored on your computer as soon as you access our Chattyco App and save certain settings and data for exchange with our system via your browser. A cookie regularly contains the name of the domain from which the cookie was sent as well as information about the age of the cookie and an alphanumeric identifier. Most of the cookies used by Chattyco are deleted from your hard drive once you end your browser session (session cookies). In addition, Chattyco uses so-called persistent cookies, which remain on your device to recognize you on your next visit to the website and make any default settings available again. The usage data collected by means of a cookie (default settings to speed up your web request) will not be merged with your personal data. Your usage data will receive a cookie ID that will not be matched with your IP address or similar data, so it will not be attributed to you. You have the option to prevent the storage of cookies on your device by changing the settings in your browser.
Your personal data will be processed for the purpose of optimizing your use the Chattyco Website. The legal basis for this processing is an agreement concerning the use of the Chattyco Website and our legitimate interest in its user-friendly operation pursuant to Art. 6 para. 1 b) and Art. 6 para. 1 f) GDPR.
2.4 Cookies and plugs-ins from Google Analytics, Mixpanel, Adjust and Social-Media Plugins.
Further information on these services and how they process your personal data can be found below under Sections 5 to 8.
3. Transfer and Recipient of your Personal Data
Personal data obtained in connection with your use of the Chattyco App or visit of the Chattyco Website is only accessible to employees of Chattyco, who are responsible for the technical administration, maintenance and further development of the Chattyco App and the Chattyco Website.
If you register on our Chattyco App, employees of Chattyco, who are responsible for our online portal, and those employees entrusted with its service and maintenance receive access to your personal data. For our customer service we use an external service provider who processes your personal data outside of the European Union.
If you order paid services, our employees, who are responsible for providing these services, receive access to your personal data. In this connection, employees of banks and credit card companies may also receive access to your personal data.
If you use our rating function, our employees, who are responsible for the system receive access to your personal data.
This also applies for those employees, who are responsible for the service and maintenance of the Chattyco App and the Chattyco-Website.
If you subscribe to our newsletter, our employees in addition to external advertising service providers, who are responsible for processing and creating our newsletter, also receive access to your personal data. We use an external service provider for sending out newsletters who processes your personal data outside of the European Union.
Chattyco employs external IT service providers to maintain its IT systems, which may gain access to your personal data as part of their job description. Similarly, employees of business partners, as described in Sections 5 to 8 may access your personal data.
Where third parties are involved in the provision of services in connection with the operation of the Chattyco App and the Chattyco website requiring transmission to a third country outside the EU, the transmission shall be based on the EU Standard Contractual Clause for Data Processing in third countries or on basis of data processing agreements in conjunction with a US Privacy Shield certification, A copy can be obtained from Chattyco.
In addition, Chattyco does not transfer your personal data to any third parties, unless you have consented to this processing or we are entitled or obligated to such a data transfer because of a legal, administrative and/or court order. In such cases, for example, this may concern information that is provided for the purposes of law enforcement, security or the enforcement of intellectual property rights.
4. Retention Periods
Personal data is deleted as soon as the purpose of the processing no longer exists. Personal data in relation to the use of the Chattyco App will be deleted within the applicable statutory retention periods. Please refer to the links provided under Sections 5 to 8 for further information on the deletion of personal data including cookies used by our business partners. If you order paid services through our Chattyco App we will retain your personal data for the duration of the contract. Upon expiration of the contract, we are legally obligated to retain your personal data for a period of six or ten years to comply with bookkeeping requirements pursuant to Section 257 of the German Commercial Code and Section 147 of the German Tax Code.
5. Google Analytics
In addition, this Chattyco App uses Google Analytics for cross-device analysis of user streams enabled through user IDs. If you have a customer account, you can disable this cross-device analysis: https://support.google.com/analytics/answer/2790010.
The IP address transmitted by your browser as part of Google Analytics will not be matched with other Google data, according to Google.
As explained in the cookie’s sections, you can block the storage of cookies on your device by adjusting the settings in your browser. In this case, you may not be able to use all functionalities of our Chattyco App. You may also block the collection of data generated by the cookie and the data related to your use of the Chattyco App (including your IP address) as well as the processing of this data by Google by using the following browser plug-in: http://tools.google.com/dlpage/gaoptout?hl=de.
The Chattyco App uses Mixpanel analysis service, a service of Mixpanel Inc., 405 Howard Street, Floor 2, San Francisco, CA 94105, USA (“Mixpanel”), that logs page views and page activity. To enable this, log data is transferred to Mixpanel. For more information on how to process your personal information, please visit: http://mixpanel.com/privacy. If you do not wish to transfer log data from your activities when using the Chattyco App to Mixpanel, you can prevent this by opting out of the “opt out cookie”, which you can activate at http://mixpanel.com/optout/activate. If you do not wish to transfer log data from your activities when using the Chattyco App to Mixpanel, you can prevent this by opting out within the settings of the Chattyco App.
For advertisement purposes, we use a so-called “advertising identifier” (“IDFA”) provided by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA.. This is a unique, yet not personalized and non-permanent identification number of a specific device, which is provided by iOS. Data processed by IDFA are not matched to other device date. Chattyco uses IDFA for personalized advertisements and to analyze your user behavior. If you opted for “limit Ad Tracking” under > settings > privacy > advertisement, we will only be able to measure your interaction with banners by counting the number of banners displayed to you which have not been clicked on (“frequency capping”), click rate, determination of unique use (“unique user”), and take security measures, fraud detection, and debugging. You may reset IDFA at any time, in which case a new IDFA is created. This new IDFA will not be matched with any previously processed data. Please note that you may not be able to use all of the Chattyco App functionalities if you limit IDFA.
8. Social Media Plugins
This Chattyco App currently uses the plugins of Instagram, Facebook, Google and Twitter.
Through the use of plugins, Chattyco enables you to interact with social media and other social media users on this Chattyco App. Plugins are made available in order to increase our Internet presence and make it more interesting to you. The legal basis for the use of plugins is Art. 6 para. 1 f) GDPR.
Every time you visit our Chattyco App or any of its parts that contain a plugin, the plugin causes your browser to connect directly to the server of the plugin operator. According to Facebook’s own statement, IP addresses collected within Germany are anonymized immediately after collection.
Plugin operators save your personal data as user profiles and use this data for advertising purposes, market research or in order to design their websites based on needs. The analysis of such data (even of users who are not logged in) is used for needs-based advertising and to inform other users of the same social networks about their activities on this website.
You have a right to object to the creation of such user profiles. To exercise this right, you can contact the respective plugin operators at the following addresses:
Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA, further information about data privacy at Instagram can be found here: https://help.instagram.com/155833707900388/
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; additional information about data collection: http://www.facebook.com/help/186325668085084; further information about data privacy at Facebook can be found here: http://www.facebook.com/about/privacy/your-info-on-other-applications and http://www.facebook.com/about/privacy/your-infoeveryoneinfo.
Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; further information about data privacy at Google can be found here: https://www.google.com/policies/privacy/partners/?hl=de.
Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; further information about data privacy at Twitter can be found here: https://twitter.com/privacy.
Regardless of whether you have a profile on one of these social networks and are currently logged in to your profile, your data will be sent to the respective operator. If you are logged in to your social media profile when visiting the Chattyco App or the Chattyco Website, the data described under section 2.1 and 2.2 that is collected during your visit will be directly associated with your social network profile. If you activate a plugin, e.g. by clicking the “like” button, the corresponding information will be saved in your profile and shared with your contacts. We recommend logging out of your social media profile when you are not using it, especially before clicking on any plugin button, in order to prevent this data from being associated with your social media profile. In the case of Facebook, you can also use a browser add-on called “Facebook Blocker,” which is available at the following link: http://webgraph.com/resources/facebookblocker/ and can prevent your data from being collected and disclosed in the future.
9. Statutory and Contractual Requirements
You may choose not to provide us with personal data or to provide incomplete data. In such cases, for example, if you block cookies, you may not be able to use all functions offered on our Chattyco App or other services offered as a result. If you decide not to give your consent, for example, in connection with a newsletter subscription, Chattyco may not be able to provide you with the information requested.
10. No Automated Decision-making or Profiling
Except for the data processing described under sections 5 to 8 which is also used for profiling, we do not use your personal data for automated decision-making or profiling.
11. Your Rights
You may contact us in writing or via email at email@example.com in order to exercise the following rights to the extent provided by law:
Right to access to your personal data in order to check and verify this data;
Right to receive a copy of your personal data;
Right to request that we complete, correct or delete your personal data, or refrain from or restrict the collection, processing or disclosure of your personal data; this also includes the right to have incomplete or incorrect data rectified by supplementary information;
Right to object to the processing of your personal data whenever the basis of the processing is our legitimate interest pursuant to Art. 6 para. 1f) GDPR;
You can request to receive your personal data in a structured, common and machine-readable format and, provided that you have acquired the corresponding intellectual property rights or other rights required, have this data transferred to another controller as long as you have consented to the processing, or the processing is necessary in order to fulfill a contractual relationship with you or for the execution of pre-contractual measures.
In addition, you have a right to file a complaint with the regulatory authorities in connection with the processing of your personal data.