Smunch Data Protection Regulations for "User-Accounts" and Delivery Contracts

§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 menu either via the internet or through our various applications (hereinafter "apps").

§1.3

Smunch enables you to order meals on the website 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, e.g. by producing customer group statistics, which are 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 use-related data (such as IP address, previously visited web pages or the length of stay) automatically when using the website or the apps.

§2.2

This data is used in particular to anonymously analyze user behavior in order to evaluate and continuously improve the service of Smunch. 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.

§4Newsletter

§4.1

By giving your consent to receiving the newsletter Smunch uses your email address to send you advertisements 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 receiving such newsletters. You can disagree to the receipt of all kinds of newsletters from Smunch at any time without incurring any costs other than the transmission costs for the base rates (that is, for example, the cost of your internet provider). Smunch informs you in each newsletter about the right of objection.

§5Cookies

§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.

§6Data collection / Processing by third parties or affilitates

§6.1DigitalOcean

§6.1.1The Smunch website is hosted on a server of DigitalOcean, LLC,101 6th Ave, New York, NY 10013, USA.

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

§6.1.3For more information about safety precautions of DigitalOcean, it can be seen here:
https://www.digitalocean.com/legal/privacy/

§6.2Google Analytics

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

§6.2.2The 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.

§6.2.3By using the Smunch website you consent to the processing of data about you by Google in the manner described above. You may refuse the use of cookies by selecting the appropriate settings in your browser software, but in this case you, may be unable use all features of this website. You can also prevent the data about your use of the website (incl. your IP address) and the processing of this data by Google by installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

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

§6.3Facebook Tracking Pixel

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

§6.3.2With 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 is anonymous for Smunch and stored and processed by Facebook. Facebook can correlate this information with your Facebook account and also use it for promotional purposes, 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 disable it in your Facebook account > Account Settings> Facebook Ads.

§6.4SendGrid

§6.4.1For sending application e-mails (e.g. 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.

§6.4.2This will store 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.

§6.5Log in using Facebook 

§6.5.1You can log in to Smunch by using Facebook Connect. If you sign up through Facebook Connect, your email address and User ID is transmitted to and stored 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 in with your Smunch User Account and corresponding log-in data only.

§6.5.2For further information regarding the purpose and scope of data collection and the further processing and use of data by Facebook as well as your rights and possible settings to protect your privacy, please refer to the privacy policies of Facebook: http://www.facebook.com/policy.php.

§6.6Google Maps und Google Places

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

§6.6.2During the usage of our website and apps, Google will also collect, process and use data about the use of the Maps-features by the user visiting. 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 your own data in relation to Google products can be found on the website maintained by Google: http://www.dataliberation.org/

§6.7Google AdWords

§6.7.1As Smuch is an AdWords customer, we use Google Conversion Tracking, an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043; "Google").

§6.7.2Google AdWords sets a cookie on your computer ("Conversion cookie") if you visited the Smunch website through a Google ad. These cookies expire within 30 days and are not personally-identifiable. If 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 customer gets a different cookie. Therefore cookies cannot 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 page tagged with a conversion tracking tag. However, AdWords will not share 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".

§7Withdrawal of consent, objection to advertising and marketing research 

§7.1Whenever the use of personal data is based on your permission (especially in the case of the creation of a user account), you can withdraw this permission at any time with effect for the future. Revocation can be made by writing to Smunch, Shiver Nebula GmbH, Jägerstraße 71, 10117 Berlin or hi@smunch.co. You can delete your account completely or block it in cases of § 35(3) BDSG.

§7.2The withdrawal of consent may result in Smunch services being no longer or only limitedly available, or the usage being terminated by Smunch.

§8Right to information and other rights under the BDSG

§8.1You have a constant right to information about your personal data stored by us. You are also entitled to the correction, blocking and deletion of this data. 

§8.2The data stored in your User Account can be viewed and edited after each login.

§9Changes to privacy policy

§9.1Smunch reserves the right to change this statement with the introduction of new or additional services or when changing or expanding existing services or service elements for the future.

§9.2A change in the Privacy Policy which refers to the use of already collected and stored data in your user account will only occur if this is reasonable for you. If 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 in some other form.

§9.3You 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 right to terminate the Membership Agreement and 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.