Datenschutzerklärung
Last updated February 20,
2021
Thank you for choosing to be part of our community
at Leon Fiedler
[email protected] .
When you
https://brainstr.de (the
"Website"),
), we appreciate that you are trusting us
with your personal information. We take your privacy very seriously. In this privacy
notice, we seek to explain to you in the clearest way possible what information we
collect, how we use it and what rights you have in relation to it. We hope you take
some time to read through it carefully, as it is important. If there are any terms
in this privacy notice that you do not agree with, please discontinue use of our
Services immediately.
This privacy notice applies to all information
collected through our Services (which, as described above, includes
our
Website
), as well as, any related services, sales,
marketing or events.
Please read this privacy notice
carefully as it will help you understand what we do with the information
that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE
COLLECT?
Personal information you disclose to us
In
Short:
We
collect personal information that you provide to
us.
We collect personal information that you
voluntarily provide to us when you
The personal information that we collect depends
on the context of your interactions with us and the
Personal Information Provided by
You. We collect
names ;
phone numbers ;
email addresses ;
passwords ;
contact preferences ;
contact or authentication data ;
billing addresses ;
debit/credit card numbers ;
mailing addresses ;
Payment Data. We may collect data
necessary to process your payment if you make purchases, such as your payment
instrument number (such as a credit card number), and the security code
associated with your payment instrument. All payment data is stored bybraintree
and
STRIPE
.
You
may
find
their
privacy
notice
link(s)
here:
https://www.braintreepayments.com/legal/braintree-privacy-policy
and
https://stripe.com/en-de/privacy
.
Social Media Login Data. We may
provide you with the option to register with us using your existing social media
account details, like your Facebook, Twitter or other social media account. If
you choose to register in this way, we will collect the information described in
the section called "HOW DO WE HANDLE YOUR SOCIAL
LOGINS
" below.
All personal information that you provide to us
must be true, complete and accurate, and you must notify us of any changes to
such personal information.
Information automatically collected
In
Short:
Some
information — such as your Internet Protocol (IP) address
and/or browser and device characteristics — is collected
automatically when you visit our
We automatically collect certain information when
you visit, use or navigate the
Like many businesses, we also collect information
through cookies and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and usage
data is service-related, diagnostic, usage and performance information our
servers automatically collect when you access or use our
Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We collect device data
such as information about your computer, phone, tablet or other device you
use to access the
Website . Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
- Location Data. We collect location
data such as information about your device's location, which can be either
precise or imprecise. How much information we collect depends on the type
and settings of the device you use to access the
Website . For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE USE YOUR
INFORMATION?
In Short:
We process your information for
purposes based on legitimate business interests, the
fulfillment of our contract with you, compliance with our
legal obligations, and/or your consent.
We use personal information collected via our
We use the information we collect or receive:
- To facilitate account creation and
logon process. If you choose to link your account with us to a
third-party account (such as your Google or Facebook account), we use the
information you allowed us to collect from those third parties to facilitate
account creation and logon process for the performance of the contract.
See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS " for further information.
- To post testimonials. We post
testimonials on our
Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use
your information to request feedback and to contact you about your use of
our
Website .
- To enable user-to-user
communications. We may use your information in order to enable
user-to-user communications with each user's consent.
- To manage user accounts. We
may use your information for the purposes of managing our account and
keeping it in working order.
- To send administrative information to
you. We may use your personal information to send you product,
service and new feature information and/or information about changes to our
terms, conditions, and policies.
- To protect our Services. We
may use your information as part of our efforts to keep our
Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and
policies for business purposes, to comply with legal and regulatory
requirements or in connection with our contract.
- To respond to legal requests and
prevent harm. If we receive a subpoena or other legal
request, we may need to inspect the data we hold to determine how to
respond.
- Fulfill and manage your
orders. We may use your information to fulfill and manage
your orders, payments, returns, and exchanges made through the
Website .
- Administer prize draws and
competitions. We may use your information to administer
prize draws and competitions when you elect to participate in our
competitions.
- To deliver and facilitate delivery
of services to the user. We may use your information to
provide you with the requested service.
- To respond to user inquiries/offer
support to users. We may use your information to respond to
your inquiries and solve any potential issues you might have with the
use of our Services.
- To send you marketing and promotional
communications. We and/or our third-party marketing partners
may use the personal information you send to us for our marketing purposes,
if this is in accordance with your marketing preferences. For example, when
expressing an interest in obtaining information about us or our
Website , subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the " WHAT ARE YOUR PRIVACY RIGHTS " below).
- Deliver targeted advertising to
you. We may use your
information to develop and display personalized content and advertising (and
work with third parties who do so) tailored to your interests and/or
location and to measure its effectiveness.
In Short: We
only share information with your consent, to comply with laws, to
provide you with services, to protect your rights, or to fulfill
business obligations.
We may process or share your data that we hold
based on the following legal basis:
- Consent: We may process
your data if you have given us specific consent to use your personal
information for a specific purpose.
- Legitimate Interests: We
may process your data when it is reasonably necessary to achieve our
legitimate business interests.
- Performance of a
Contract: Where we have entered into a contract with you,
we may process your personal information to fulfill the terms of our
contract.
- Legal Obligations: We may
disclose your information where we are legally required to do so in
order to comply with applicable law, governmental requests, a judicial
proceeding, court order, or legal process, such as in response to a
court order or a subpoena (including in response to public authorities
to meet national security or law enforcement requirements).
- Vital Interests: We may
disclose your information where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of
our policies, suspected fraud, situations involving potential threats to
the safety of any person and illegal activities, or as evidence in
litigation in which we are involved.
More specifically, we may need to process your
data or share your personal information in the following
situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Affiliates. We
may share your information with our affiliates, in which case we
will require those affiliates to honor this privacy notice.
Affiliates include our parent company and any subsidiaries,
joint venture partners or other companies that we control or
that are under common control with us.
- Other
Users. When you share personal information
(for example, by posting comments, contributions or other content to the Website ) or otherwise interact with public areas of the Website , such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity. If you interact with other users of our Website and register for our Website through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website , and view your profile.
In
Short: We may use cookies and
other tracking technologies to collect and store your
information.
We may use cookies and similar
tracking technologies (like web beacons and pixels) to
access or store information. Specific information about how
we use such technologies and how you can refuse certain
cookies is set out in our Cookie Notice
5. DO WE USE
GOOGLE MAPS PLATFORM APIS?
In
Short: Yes, we use Google Maps
Platform APIs for the purpose of providing better
service.
This
Website
uses Google Maps Platform APIs which are subject to
Google’s Terms of Service. You may find the Google Maps
Platform Terms of Service
here
. To find out more about Google’s Privacy Policy,
please refer to this link
.
In Short:
If you choose to register or log
in to our services using a social media account, we may
have access to certain information about
you.
Our
Website
offers you the ability to register and login using
your third-party social media account details (like your
Facebook or Twitter logins). Where you choose to do this, we
will receive certain profile information
about you from your social media provider. The profile
information we receive may vary depending on the social
media provider concerned, but will often include your name,
email address, friends list, profile
picture as well as other information you choose to make
public on such social media platform.
We will use the information we
receive only for the purposes that are described in this
privacy notice or that are otherwise made clear to you on
the relevant
Website
. Please note that we do not control, and are not
responsible for, other uses of your personal information by
your third-party social media provider. We recommend that
you review their privacy notice to
understand how they collect, use and share your personal
information, and how you can set your privacy preferences on
their sites and apps.
7. HOW LONG DO
WE KEEP YOUR INFORMATION?
In
Short: We keep your information
for as long as necessary to fulfill the purposes
outlined in this privacy notice unless otherwise
required by law.
We will only keep your
personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer
retention period is required or permitted by law (such as
tax, accounting or other legal requirements). No purpose in
this notice will require us keeping your personal
information for longer than
six (6) months past the
termination of the user's account
When we have no ongoing
legitimate business need to process your personal
information, we will either delete or anonymize such
information, or, if this is not possible (for example,
because your personal information has been stored in backup
archives), then we will securely store your personal
information and isolate it from any further processing until
deletion is possible.
8. HOW DO WE
KEEP YOUR INFORMATION SAFE?
In
Short: We aim to protect your
personal information through a system of organizational
and technical security measures.
We have implemented
appropriate technical and organizational security measures
designed to protect the security of any personal information
we process. However, despite our safeguards and efforts to
secure your information, no electronic transmission over the
Internet or information storage technology can be guaranteed
to be 100% secure, so we cannot promise or guarantee that
hackers, cybercriminals, or other unauthorized third parties
will not be able to defeat our security, and improperly
collect, access, steal, or modify your information. Although
we will do our best to protect your personal information,
transmission of personal information to and from our
Website
is at your own risk. You should only access the
Website
within a secure environment.
9. WHAT ARE
YOUR PRIVACY RIGHTS?
In
Short:
You may review, change, or terminate your account
at any time.
In some regions (like the
European Economic Area), you have certain rights under
applicable data protection laws. These may include the right
(i) to request access and obtain a copy of your personal
information, (ii) to request rectification or erasure; (iii)
to restrict the processing of your personal information; and
(iv) if applicable, to data portability. In certain
circumstances, you may also have the right to object to the
processing of your personal information. To make such a
request, please use the contact
details
provided below. We will consider and act upon any request in
accordance with applicable data protection laws.
If we are relying on your
consent to process your personal information, you have the
right to withdraw your consent at any time. Please note
however that this will not affect the lawfulness of the
processing before its withdrawal, nor will it affect the
processing of your personal information conducted in
reliance on lawful processing grounds other than
consent.
If you are a resident in the
European Economic Area and you believe we are unlawfully
processing your personal information, you also have the
right to complain to your local data protection supervisory
authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
.
If you are a resident in
Switzerland, the contact details for the data protection
authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html
.
If you have questions or
comments about your privacy rights, you may email us at
[email protected]
.
Account Information
If you would
at any time like to review or change the
information in your account or terminate
your account, you can:
-
Contact us using the contact information provided.
Upon your request to
terminate your account, we will deactivate or delete
your account and information from our active databases.
However, we may retain some information in our files to
prevent fraud, troubleshoot problems, assist with any
investigations, enforce our Terms of Use and/or comply
with applicable legal requirements.
Cookies and similar
technologies: Most Web browsers are set
to accept cookies by default. If you prefer, you can usually
choose to set your browser to remove cookies and to reject
cookies. If you choose to remove cookies or reject cookies,
this could affect certain features or services of our
Website
. To opt-out of interest-based advertising by
advertisers on our
Website
visit http://www.aboutads.info/choices/
.
Opting out of email
marketing: You can unsubscribe from our
marketing email list at any time by clicking on the
unsubscribe link in the emails that we send or by contacting
us using the details provided below. You will then be
removed from the marketing email list — however, we may
still communicate with you, for example to send you
service-related emails that are necessary for the
administration and use of your account, to respond to
service requests, or for other non-marketing purposes. To
otherwise opt-out, you may:
-
Access your account settings and update your preferences.
-
Contact us using the contact information provided.
10. CONTROLS
FOR DO-NOT-TRACK FEATURES
Most web browsers and some
mobile operating systems and mobile applications include a
Do-Not-Track ("DNT") feature or setting you can activate to
signal your privacy preference not to have data about your
online browsing activities monitored and collected. At this
stage no uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do
not currently respond to DNT browser signals or any other
mechanism that automatically communicates your choice not to
be tracked online. If a standard for online tracking is
adopted that we must follow in the future, we will inform
you about that practice in a revised version of this privacy
notice.
11. DO
CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY
RIGHTS?
In
Short: Yes, if you are a resident
of California, you are granted specific rights regarding
access to your personal information.
California Civil Code Section
1798.83, also known as the "Shine The Light" law, permits
our users who are California residents to request and obtain
from us, once a year and free of charge, information about
categories of personal information (if any) we disclosed to
third parties for direct marketing purposes and the names
and addresses of all third parties with which we shared
personal information in the immediately preceding calendar
year. If you are a California resident and would like to
make such a request, please submit your request in writing
to us using the contact information provided
below.
If you are under 18 years of
age, reside in California, and have a registered account
with
the Website
, you have the right to request removal of unwanted
data that you publicly post on the
Website
. To request removal of such data, please contact us
using the contact information provided below, and include
the email address associated with your account and a
statement that you reside in California.
We will make sure the data is not publicly displayed on the
Website
, but please be aware that the data may not be
completely or comprehensively removed from all our systems
(e.g. backups, etc.).
CCPA Privacy Notice
The California
Code of Regulations defines a "resident"
as:
(1) every individual who is in
the State of California for other than a temporary or
transitory purpose and
(2) every individual who is
domiciled in the State of California who is outside the
State of California for a temporary or transitory
purpose
All other individuals are
defined as "non-residents."
If this definition of
"resident" applies to you, we must adhere to certain rights
and obligations regarding your personal
information.
What categories of
personal information do we
collect?
We have collected the
following categories of personal information in the past
twelve (12) months:
|
Category |
Examples |
Collected |
|
A.
Identifiers
|
Contact
details, such as real name, alias, postal
address, telephone or mobile contact number,
unique personal identifier, online
identifier, Internet Protocol address, email
address and account name
|
|
|
B. Personal
information categories listed in the
California Customer Records
statute
|
Name, contact
information, education, employment,
employment history and financial
information
|
YES
|
|
C. Protected
classification characteristics under
California or federal law
|
Gender and
date of birth
|
|
|
D. Commercial
information
|
Transaction
information, purchase history, financial
details and payment
information
|
|
|
E. Biometric
information
|
Fingerprints
and voiceprints
|
|
|
F. Internet or
other similar network activity
|
Browsing
history, search history, online behavior,
interest data, and interactions with our and
other websites, applications, systems and
advertisements
|
|
|
G. Geolocation
data
|
Device
location
|
|
|
H. Audio,
electronic, visual, thermal, olfactory, or
similar information
|
Images and
audio, video or call recordings created in
connection with our business
activities
|
|
|
I.
Professional or employment-related
information
|
Business
contact details in order to provide you our
services at a business level, job title as
well as work history and professional
qualifications if you apply for a job with
us
|
|
|
J. Education
Information
|
Student
records and directory
information
|
|
|
K. Inferences
drawn from other personal
information
|
Inferences
drawn from any of the collected personal
information listed above to create a profile
or summary about, for example, an
individual’s preferences and
characteristics
|
|
We may also collect other
personal information outside of these categories instances
where you interact with us in-person, online, or by phone or
mail in the context of:
- Receiving help through our
customer support channels;
- Participation in customer
surveys or contests; and
- Facilitation in the
delivery of our Services and to respond to your
inquiries.
How do we use and
share your personal information?
More information about
our data collection and sharing practices can be
found in this privacy notice
You may contact us
[email protected] ,
If you are using an
authorized agent to exercise your right to opt-out
we may deny a request if the authorized agent does
not submit proof that they have been validly
authorized to act on your behalf.
Will your
information be shared with anyone
else?
We may disclose your
personal information with our service providers
pursuant to a written contract between us and each
service provider. Each service provider is a
for-profit entity that processes the information on
our behalf.
We may use your
personal information for our own business purposes,
such as for undertaking internal research for
technological development and demonstration. This is
not considered to be "selling" of your personal
data.
Your rights
with respect to your personal
data
Right to request
deletion of the data - Request to
delete
You can ask for the
deletion of your personal information. If you ask us
to delete your personal information, we will respect
your request and delete your personal information,
subject to certain exceptions provided by law, such
as (but not limited to) the exercise by another
consumer of his or her right to free speech, our
compliance requirements resulting from a legal
obligation or any processing that may be required to
protect against illegal activities.
Right to be
informed - Request to know
Depending on the
circumstances, you have a right to know:
- whether we collect
and use your personal information;
- the categories of
personal information that we collect;
- the purposes for
which the collected personal information is
used;
- whether we sell
your personal information to third parties;
- the categories of
personal information that we sold or disclosed
for a business purpose;
- the categories of
third parties to whom the personal information
was sold or disclosed for a business purpose;
and
- the business or
commercial purpose for collecting or selling
personal information.
In accordance with
applicable law, we are not obligated to provide or
delete consumer information that is de-identified in
response to a consumer request or to re-identify
individual data to verify a consumer
request.
Right to
Non-Discrimination for the Exercise of a
Consumer’s Privacy Rights
We will not
discriminate against you if you exercise your
privacy rights.
Verification
process
Upon receiving your
request, we will need to verify your identity to
determine you are the same person about whom we have
the information in our system. These verification
efforts require us to ask you to provide information
so that we can match it with information you have
previously provided us. For instance, depending on
the type of request you submit, we may ask you to
provide certain information so that we can match the
information you provide with the information we
already have on file, or we may contact you through
a communication method (e.g. phone or email) that
you have previously provided to us. We may also use
other verification methods as the circumstances
dictate.
We will only use
personal information provided in your request to
verify your identity or authority to make the
request. To the extent possible, we will avoid
requesting additional information from you for the
purposes of verification. If, however, we cannot
verify your identity from the information already
maintained by us, we may request that you provide
additional information for the purposes of verifying
your identity, and for security or fraud-prevention
purposes. We will delete such additionally provided
information as soon as we finish verifying
you.
Other privacy
rights
- you may object to
the processing of your personal data
- you may request
correction of your personal data if it is
incorrect or no longer relevant, or ask to
restrict the processing of the data
- you can designate
an authorized agent to make a request under the
CCPA on your behalf. We may deny a request from
an authorized agent that does not submit proof
that they have been validly authorized to act on
your behalf in accordance with the CCPA.
- you may request to
opt-out from future selling of your personal
information to third parties. Upon receiving a
request to opt-out, we will act upon the request
as soon as feasibly possible, but no later than
15 days from the date of the request
submission.
To exercise these
rights, you can contact us
[email protected] ,
or by referring to
the contact details at the bottom of this document. If you
have a complaint about how we handle your data, we would
like to hear from you.
12. DO
WE MAKE UPDATES TO THIS
NOTICE?
In
Short: Yes, we will update this
notice as necessary to stay compliant with
relevant laws.
We may update this
privacy notice from time to time. The updated
version will be indicated by an updated "Revised"
date and the updated version will be effective as
soon as it is accessible. If we make material
changes to this privacy notice, we may notify you
either by prominently posting a notice of such
changes or by directly sending you a notification.
We encourage you to review this privacy notice
frequently to be informed of how we are protecting
your information.
13.
HOW CAN YOU CONTACT US ABOUT THIS
NOTICE?
If you have questions
or comments about this notice, you may
[email protected]
or by
post to:
14.
HOW CAN YOU REVIEW, UPDATE, OR
DELETE THE DATA WE COLLECT FROM
YOU?
Based on the
applicable laws of your country, you may have the
right to request access to the personal information
we collect from you, change that information, or
delete it in some circumstances. To request to
review, update, or delete your personal information,
please