Privacy Policy for Apps

With this privacy policy we inform the users of our apps about the data processing of personal information (data). For visitors of our website the following privacy policy applies additionally: https://get.gaia-nutrition.de/dataprivacy-en.

I. Who is responsible for the data processing and who can I contact?

Responsible for the processing of the data on the website:

Gaia Nutrition GmbH & Co KG
Im Gehölz 11
20255 Hamburg
Germany

E-Mail: hi@gaia-nutrition.de
Telefon: +49 17630435195

II. Why is my data processed?

  1. App Usage

If you use one of our apps we are processing the data that you have provided when registering for this app and that arise during the use of the app.

If necessary, we will process your data for the purpose of fulfilling our contractual duties or for carrying out pre-contractual actions at your request. In particular, we process your master data (name, e-mail address, address) so that we can send you order and contract confirmations, address you individually for support requests, facilitate payment and if necessary to defend ourselves against or enforce legal claims that are related to the use of the app. In addition, we process your e-mail address so that you can log in with your login data. We also process the following special data to create personalised meal plans displayed to you in the app: gender, age, height, weight, somatic type, nutritional preferences, country of origin, language, time zone & physical strain at work.

The legal basis for this is Article 6 (1) (b) GDPR and your consent (Article 6 (1) (a) GDPR) in regard to the data which you have provided to us voluntarily. If your consent relates to special categories of data the legal basis is Art. 9 (2) (a) GDPR.

  1. Advertising and market research

We use your data for sending postal advertising or e-mail advertising for comparable apps to the one you have ordered from us provided you have been our customer within the past three years and you have provided your postal address or e-mail address. If you do not wish to receive information about our apps you may object to the use of your data at any time (see IV.). The legal basis is Art. 6 para. 1 f) of the GDPR. We have a legitimate interest in sending direct mail.

We also process some of your data for the purpose of conducting market research. The legal basis is Art. 6 para. 1 f) of the GDPR. We have a legitimate interest in optimising our services and adapting them to your needs.

  1. Analysis with Mixpanel

We use analysis tools by Mixpanel, Inc. (Mixpanel) to statistically evaluate the usage and behaviour of our customers within the app. More information about these tools can be found here: https://get.gaia-nutrition.de/dataprivacy-en/. Mixpanel stores data about your user behaviour. This information is processed by Mixpanel in the United States.

III. How long is the data stored?

We may store your data for as long as it is necessary to fulfil the contract. We may store your master data for the purpose of asserting or defending us against legal claims for a period of 5 years and in exceptional cases until the expiry of the limitation periods. If we are obligated to store certain data we are entitled to store this data until expiry of the retention periods specified in Section 257 of the German Commercial Code and Section 147 of the German Tax Code. The legal basis is Article 6 (1) © GDPR in conjunction with these laws. These terms are up to 10 years.

IV. Do I have to provide this data?

The provision of your data is not required but with the exception of the special data needed to enter a contract with us. Without this data, payment processing and communication between you and us is not possible. Also we will not be able to provide our services in regards to the app. Without the special data many functions of the app will not be available to you or only to a limited extent. For example, the app can not adjust your nutrition to local foods unless the county you live in is specified; without the time zone or language we are not able to provide the contents of the app in your language or at the correct time.

V. From what sources does the data come from?

Generally you provided us with your data when downloading or registering for the app itself. We automatically receive the following data from your smartphone or tablet (mobile device) on which you have installed our app: information about the operating system, device ID and IP address of your mobile device on which the app is installed.

We receive information from the payment service providers as to whether a payment has been received from you for our apps.

VI. Will my data be shared with third parties?

We share the above mentioned data with the following data processors:

The data processors process data only according to our instructions and not for their own purposes. If the processors are based in the US your data may also be transmitted to the US.

Mixpanel Inc., Stripe Inc., Intercom Inc., Digital Ocean LCC und The Rocket Science Group LLC d/b/a MailChimp have submitted to the "EU-US-Privacy-Shield". In a decision on adequacy (“Angemessenheitsbeschluss”) the European Commission has decided that this will create an adequate level of data protection.

In some cases, some of your data may be shared with the following categories of recipients if required to do so by law (Article 6 (1) © GDPR) or required to enforce or defend legal claims or to protect other legitimate interests ( Art. 6 para. 1 f) GDPR):

VII. What rights do I have in respect to my data?

Under in respect to Art. 15 GDPR you can request information about whether and which of your data we process. You may request the correction and possibly the completion of your data in accordance with Art. 16 GDPR. You have the right to delete your data under the conditions of Art. 17 GDPR or to seal it under the conditions of Art. 18 GDPR. According to Art. 21 GDPR you have the right to receive the data you have transmitted to us on the basis of a consent or a contract, provided that the processing is automated. If it is technically possible you may ask us to transmit this data to a third party. Your rights may be restricted or excluded by law under certain conditions.

Insofar as we process data in accordance to our interests exclusively on the basis of Art. 6 para. 1 f) GDPR, for reasons arising from your particular situation you have the right to object to the processing of your data.
If you object we will not process the data in question unless we can demonstrate compelling legitimate grounds that outweigh your interests, rights and freedoms or in the case that the processing of your data is required to enforce legal claims.

In addition, you may object to the processing of your data for promotional purposes at any time without any costs other than the transmission costs according to the basic rates. You may opt-out of receiving emails for advertising purposes at any time by clicking on the corresponding unsubscribe link at the end of such e-mail. Alternatively you can also send an e-mail to privacy@gaia-nutrition.de to opt-out.

If you have consented to the data processing you have the right to revoke your consent at any time. Revoking your consent does not affect the legality of the data processing prior to revoking your consent. You can revoke your consent by sending e-mail to privacy@gaia-nutrition.de declaring that you would like to revoke the rights to processing your data. Once you have revoked these rights your data will no longer be processed. This does not apply if we are legally entitled or obliged to do so.

You have the right to file data protection complaints with a data protection authority, in particular with the Hamburg Commissioner for Data Protection, Klosterwall 6, 20095 Hamburg.

Effective: May 22, 2018