Smunch Data Protection Regulations for „User-Accounts“ and Delivery Contracts

The english version is only for convenience and better understanding. Solely and exclusively the German version of the Data Protection Regulations is binding!

§1 RESPONSIBLE PARTY, SCOPE OF APPLICATION

§1.1 Responsible agency is Shiver Nebula GmbH (hereinafter called “Smunch”). For details regarding the company´s service address and representation rights please refer to the company’s imprint.

§1.2 Smunch would like to inform you which personal data we collect, when we collect it and how we handle it. This privacy policy describes how we collect and use personal information we acquire when you visit and use the Smunch order model of the Provider either via the internet or through our various applications (hereinafter “Apps”).about what data collected and your personal data are processed. This Privacy Policy describes the collection and use of personal data when visiting and using the Smunch order models via the website or via applications (hereinafter “Apps” called).

§1.3 Smunch enables you to order meals on the web site or by means of apps for mobile devices. Therefore you have to register as a user and create a user account. In addition Smunch uses personal data for purposes of statistical and market analysis, doing so e.g customer group statistics are being produced and evaluated in an anonymous form.. For special services or actions (e.g. special offers) supplementary data protection provisions may apply. You will be instructed about those special provisions when you start to use each respective service or action.

§1.4 By accepting this privacy policy, which you have by creating your user account and the contract to supply the meals you ordered , you agree that Smunch may use the data in accordance with its terms.

§2 TERMS RELATED DATA

§2.1 Smunch might store (saves) use-related data (such as IP address, previously visited Web pages or the length of stay) when using the Website or the apps automatically. This data is used in particular to anonymously analyze user behavior to store (save), evaluate and improve the service of Smunch continuously.. We save your IP address in the log files only for a limited period of time and as far as it is necessary for security purposes.

§3 DATA COLLECTION / UTILIZATION WHEN CREATING USER ACCOUNT AND SUPPLY CONTRACTS (DELIVERY CONTRACT)

§3.1 When creating your user account and to handle your delivery, Smunch collects and stores your first and last name, might check your employer, address, telephone number, email address, nutritional profile, characteristics or comments and other required data , This data is collected and processed for the partner restaurants for the processing of the delivery, for the invoices to be created by Smunch and other Administration.

§3.2 For the settlement of any order Smunch transmits your order, your name, your employer (optional), your phone number, your e-mail address, or special features comments and other required data to the desired restaurant.

§3.3 You agree to keep your personal user account access information confidential and not pass it on to any unauthorized third parties. Smunch has no liability for the abuse of passwords, unless Smunch would be responsible for the abuse.

§4 NEWSLETTER

§4.1 By giving your consent to receiving the newsletter Smunch uses your email address to send you advertisments and interesting offers from Smunch. Your consent maybe revoked at any time.

§4.2 In addition Smunch might send you e-mail newsletters for offers that are similar to the goods or services ordered by you at Smunch before if you do not object to receive such newsletters. At any time you can disagree to the receipt of all kinds of newsletters from Smunch without incurring any costs other than the transmission costs for the base rates (that is, for examplethe cost of your Internet provider). About the right of objection Smunch informs you in each newsletter.

§5 COOKIES

§5.1 Smunch uses so called cookies on its website. These are small text files that are stored on your device. Some of the cookies used by Smunch may be deleted at the end of the browser session, after you close your browser (so-called. Session cookies).

§5.2 Other cookies remain on your device and allow Smunch or its affiliates, to recognize your browser the next time you visit the website (persistent cookies). You can configure your browser so that you are informed about the use of cookies and decide individually about their acceptance or exclude the acceptance of cookies in certain cases or in general. In case of the non-acceptance of cookies, (the functionality of Smunch website or app may be limited.) The functionality of our website or our App may be limited in case you refuse to accept our cookies.

§6 DATA COLLECTION / PROCESSING BY THIRD PARTIES OR AFFILIATES

§6.1 Host Europe

§6.1.1 The Smunch website is hosted on a server of Host Europe.

§6.1.2 Your personal data is stored on the servers of Host Europe and managed by Smunch. Host Europe has technically access, but is not authorized to access. Host Europe can only have access if violations of existing laws are present or other circumstances justify a legal access.

§6.1.3 For more information about safety precautions of Host Europe, it can be seen here: https://www.hosteurope.de/Host-Europe/Sicherheit/#Datacenter

§6.2 Google Analytics

§6.2.1 Smunch works with “Google Analytics”. It is a web service by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043.

§6.2.2 The information generated by the Google Analytics cookie about your use of Smunch website are usually transferred to a Google server in the USA and stored there. On Smunchs websites the IP anonymization has been activated, so that the IP address of users of Google within member states of the European Union or other parties to the Agreement on the European Economic Area is previously cut. Only in exceptional cases the full IP address will be transferred to a Google server in the USA and shortened there. On behalf of Smunch, Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other website and internet related services to Smunch.

§6.2.3 By using the Smunch Website you consent to the processing of data about you by Google and the manner described above, the data processing and the purposes. You may refuse the use of cookies by selecting the appropriate settings in your browser software, but in this case you , may not use all features of this website. You can also prevent the data being generated by the cookie about your use of the website (incl. Your IP address) by Google and the processing of this data by installing the browser plug-in available under the following link : http://tools.google.com/dlpage/gaoptout?hl=de.

§6.2.4 For more information about Google Analytics and data protection, visit http://tools.google.com/dlpage/gaoptout?hl=de.

§6.3 Facebook Tracking Pixel

§6.3.1 Furthermore Smunch uses a Facebook Tracking Pixel on the website (“Visitors Action Pixel”) of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

§6.3.2 With its help Smunch can track the actions of users who have been viewing or clicking a Facebook ad. That way Smunch can detect the effectiveness of Facebook ads for statistical and market research purposes. However, the data collected this way are anonymous for Smunch. However, this data is stored and processed by Facebook. Facebook can correlate this information with their Facebook account and also for promotional purposes, use according to Facebook's data use policy. You can enable Facebook and its partners to send advertisements in and outside of Facebook. If you do not want this, you can go to > Account Settings> Facebook Ads Unsubscribe displaying advertising (check facebook account!?) in your Facebook account.

§6.4 SendGrid

§6.4.1 For sending application e-mails (eg. Confirmation of registration) and for analysis of the opening rate of emails, Smunch will in the future use the mailing service “SendGrid”. A product of SendGrid, Inc., 1401 Walnut, Boulder, CO 80302, USA

§6.4.2 This is storing/saving e-mail addresses and names on servers of these providers. Personal data may not be used for purposes other than sending e-mails on behalf of Smunch by those providers. For more information about SendGrids privacy policies see https://sendgrid.com/privacy.

§6.5 Log in using Facebook

§6.5.1 You can log in to Smunch by usingFacebook Connect. If you sign up through Facebook Connect, your email address and User ID is transmitted and stored to/by Smunch. The use of Facebook Connect is subject to the privacy policies of Facebook. If you do not want to use Facebook Connect, then sign up only with your Smunch User Account and log-in data.

§6.5.2 The purpose and scope of data collection and the further processing and use of data by Facebook, and your rights and setting options to protect your privacy, please refer to the privacy policies of Facebook: http://www.facebook.com/policy.php.

§6.6 Google Maps and Google Places

§6.6.1 Smunch uses Google Maps and the Google Places API to collect geographic information and visually represent it.

§6.6.2 When using, also data about the use of the Maps-features by the user visiting the web pages are collected, processed and used by Google. For more information on the data processing by Google, please visit: http://www.google.com/privacypolicy.html. There you can change your settings in the Privacy Center so you can manage your data and protect it. Further instructions about how to manage own data in relation to Google products can be found on the website maintained by Google http://www.dataliberation.org/

§6.7 Google AdWords

§6.7.1 As an AdWords advertiser, Smunch uses Google Conversion Tracking, an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043; “Google”).

§6.7.2 Google Adwords sets a cookie on your computer ( “Conversion cookie”), if you visited Smunchs website by a Google ad. These cookies expire within 30 days and are not personally-identifiable. Do you visit Smunch sites and the cookie has not yet expired, Smunch and Google can recognize that someone has clicked on the ad and has been forwarded to the Smunch page. Each AdWords advertiser gets a different cookie. Cookies cannot therefore be tracked via the websites of advertisers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The advertisers know the total number of users who have clicked on their ad and proceeded to a tagged with a conversion tracking tag page. However, you will not get any information that can identify a user personally. If you do not wish to participate in the tracking process, you can also reject a cookie - as a browser setting, which generally disables the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain “googleadservices.com”.

§7 WITHDRAWAL OF CONSENT, OBJECTION TO ADVERTISING AND MARKETING RESEARCH

§7.1 As far as the use of personal data is based on your permission ( especially in the case of the creation of a user account), you can withdraw at any time with effect for the future. Revocation can be made by email through Smunch, ADDRESS or E-MAIL ADDRESS. You can delete your account completely or block it in cases of § 35 para. 3 BDSG.

§7.2 The withdrawal of consent may cause Smunch services are no longer or only limited available or the usage be terminated by Smunch.

§8 CHANGES TO PRIVACY POLICY

§8.1 Smunch reserves the right to change this statement with the introduction of new, additional or when changing or expanding existing services or service elements for the future.

§8.2 A change in the Privacy Policy, which refers to the use of already collected and stored data in your user account occurs, only if this is reasonable for you. If and to the extent that changes in the privacy policy relate to the use of already collected and stored information in your user account, we will notify you in time by email, on our websites, in our Apps or other form.

§8.3 You have a right to object within eight weeks after the receipt of the notification of the applicability of the revised Privacy Policy. In case of contradiction Smunch reserves the termination of the Membership Agreement and the termination of your User Account. If within that period no contradiction to the revised Privacy Policy occurs it shall be deemed accepted by you. Smunch will inform you in the notification about your right and the importance of the objection period.



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