Last edit: August 19th, 2020
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
2.1.1 Apple App Store.
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.
2.1.2 Google Play Store.
By choosing to download the Chattyco App from the Google Play Store, necessary personal data are provided to the Play Store, operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California, U.S. 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.
2.1.3 Additional note.
The processing of your data through the operator of the App Stores 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 enable all functionalities and to 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:
- IP address;
- 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 nickname and an email 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 Paid Services or Payment.
In connection with the use of paid services or payment processing, Chattyco processes the following categories of personal data:
Apple App Store In-app Payments:
Google Play Store In-app Payments:
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:
- E-mail address
- Telephone and mobile number
- IP address
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:
- E-mail address
- Payment card number
- CVC code
- validity information
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.
2.2.5 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.
Chattyco is processing your username and time of comment creation and content of comments 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.
2.2.7 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 email@example.com.
Chattyco processes the following categories of data when you visit the Chattyco Website at www.chattyco.com:
2.3.1 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.
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 plugins from Google Analytics, Mixpanel, Adjust and social media plugins.
Further information on these services and how your personal data is processed by them can be found below in separate sections under points 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 the 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
The Chattyco App uses Google Analytics, a web analytics service provided by Google Ireland Ltd. („Google“) with the business address of Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses „cookies“, which are text files that are stored on your computer and allow Chattyco Appn to analyze your use of the service. We use Google Analytics with the extension „_anonymizeIp()“. As a result, IP addresses are processed in a shortened form and no direct reference to natural persons is possible. We use Google Analytics to analyze and improve the Chattyco App and the Chattyco website. Chattyco receives statistics that help us to make our online presence more interesting for you. The legal basis for the use of Google Analytics is according to article 6 paragraph 1 f) DSGVO our legitimate interest in a user-friendly design of the Chattyco App and the Chattyco website. The information generated by cookies about your use of the Chattyco App and the Chattyco website is normally transferred to a Google server in the USA and stored there. If you turn on IP anonymization in the Chattyco App and the Chattyco website, your IP address will be truncated by Google within EU Member States or other parties to the Agreement on the European Economic Area. Only under exceptional circumstances will the complete IP address be transmitted to the Google server in the USA and stored there. Google has submitted to the EU-US Privacy Shield for such exceptional cases where your personal data is transferred to the USA; for more information, please see www.privacy-shield.gov/EU-US-Framework. Google will use this information on behalf of Chattyco to evaluate your use of the Chattyco App, to generate reports on Chattyco App usage activities and to provide other services to Chattyco regarding Chattyco App usage and Chattyco Internet usage.
In addition, the Chattyco App and Chattyco website uses Google Analytics for cross-device analysis of User streams enabled by User IDs. If you have a customer account, you can turn off this cross-device analysis:
According to Google, the IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
As explained in the sections on cookies, you can block the storage of cookies on your device by adjusting the appropriate settings in your browser software; however, in this case you may not be able to use all the features and functionalities of the Chattyco app or the Chattyco website. You can also block the collection of data generated by the cookie and data related to your use of the Chattyco App and the Chattyco website (including your IP address), as well as the processing of this data by Google, by downloading a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=de
The Chattyco App and the Chattyco website use the analysis service Mixpanel, a service of Mixpanel Inc, 405 Howard Street, Floor 2, San Francisco, CA 94105 („Mixpanel“), which logs page views and page activities. To enable this, log data is transmitted to Mixpanel. For more information on how your personal data is processed, please visit http://mixpanel.com/privacy. If you do not wish to receive log data from your activities when using the Chattyco App and the Chattyco website to Mixpanel, you can prevent this by using an opt-out procedure within the Chattyco App settings.
7. Zielgerichtete Botschaften auf Werbeplattformen Dritter
The Chattyco App uses third party advertising platforms such as (but not limited to) Facebook, Google, YouTube, Instagram to send you targeted messages at specific times and adapted to the locations of these platforms, adapted to your behavior and surfing habits and designed to increase the effectiveness of our advertising campaigns. Chattyco GmbH uses third party solutions such as (but not limited to) Google Audience and Facebook Audience to better tailor our campaigns and messages to our users. Your Personal Information (see 2.2) is sent to the advertising platforms of third parties and these will try to match your profile in their database so that an advertisement from Chattyco or a star on Chattyco is displayed to you at the best time and in the best place (e.g. the page you are currently on). We also need to analyse such information as is necessary to understand the impact of our campaigns. Even if you do not consent to us using and sharing your personal data for this purpose, Chattyco advertisements will be displayed randomly on other platforms.
For more information about how our advertising partners help us to achieve this purpose, please visit their websites:
Personalized advertising on Google: https://support.google.com/adspolicy/answer/143465
Google Advertising Guidelines: https://support.google.com/adspolicy/answer/6020956
Facebook Lookalike Audiences: https://www.facebook.com/business/help/164749007013531
Conditions for Facebook Custom Audience: https://www.facebook.com/legal/terms/customaudience
However, your personal data will only be used for marketing messages if you have given us your consent to do so. An opt-out is possible at any time via your settings. After opting out, it may take a few days before you are removed from all target groups.
8. Social Media Plugins
Currently, the Chattyco app and the Chattyco website use plugins from Instagram, Facebook, Google and Twitter.
Through the use of plugins, Chattyco gives you the opportunity to interact with social media and other social media users on the Chattyco App and the Chattyco website. Plugins are provided to increase our web presence and make it more interesting for you. The legal basis for the use of plugins is article 6 paragraph p. 1 lit. f) of the DSGVO.
Each time you visit the Chattyco App or the Chattyco website or any part of it and a plugin is included, the plugin causes your browser to connect directly to the server of the plugin operator. According to Facebook’s own declaration, IP addresses that are collected within Germany are anonymized immediately after the collection.
By activating the plugin, your personal data is transmitted to the plugin operator as described in Sections 2.1 and 2.2 and stored by the plugin operator, in cases of Facebook and Twitter probably on servers in the USA. Since personal data is collected by and through cookies, we recommend that you delete all cookies via the security settings of your browser.
Plugin operators store your personal data as user profiles and use them for advertising purposes, market research or for the need-based design of their Chattyco app. The analysis of such data (even from users who are not logged in) is used for demand based advertising and to inform other users of the same social network about your activities on the Chattyco App and the Chattyco website.
You have a right to object to the creation of such User profiles. To exercise this right, you can contact the relevant plugin operator at the following addresses:
- Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; for more information on Twitter privacy, please visit https://twitter.com/privacy.
Regardless of whether you have a profile on one of the social networks and are currently logged in, your data will be forwarded to the respective operators. If you are logged in to your social media profile at the time of your visit to this Chattyco app or the Chattyco website, the data described in paragraphs 2.1 and 2.2, which are collected during the visit, are directly associated with your social network profile. If you activate a plugin, e.g. by pressing the „like“ button, the corresponding information is stored in your profile and publicly shared with your contacts. We recommend that you log out of your social media profile if you are not currently using it, especially before you activate any plugin via buttons, so that you can prevent data from being assigned to 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 which can prevent the collection and disclosure of your data 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
YoYou may contact us in writing or via email at firstname.lastname@example.org 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.