Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application means the software program provided by the Company downloaded by You on any electronic device, named SIMPI.
• Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SIMPI GmbH, Königstraße 5, 70173 Stuttgart, Germany. For the purpose of the GDPR, the Company is the Data Controller.
• Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Baden-Württemberg, Germany.
• Data Controller, for the purposes of the GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
• Service refers to the Application or the Website or both.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to SIMPI, accessible from https://www.simpi.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR, You can be referred to as the Data Subject or as the User.

Collecting and Using Your Personal Data

Types of Data collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Bank account information in order to pay for products and/or services within the Service
• Usage Data

When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

• Date of birth
• Passport or National ID card
• Bank card statement
• Other information linking You to an address

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:

• Information regarding your location
• Pictures and other information from your Device’s camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
  Type: Session Cookies
  Administered by: Us
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies
  Type: Persistent Cookies
  Administered by: Us
  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose is to provide You with a more personal experience and avoid re-entering preferences.
• Tracking and Performance Cookies
  Type: Persistent Cookies
  Administered by: Third-Parties
  Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information may directly or indirectly identify you as an individual visitor. We may also use these Cookies to test new pages, features or functionality.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service and give You access to available functionalities.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for products, items or services You have purchased or of any other contract with Us.
• To contact You: by email, telephone calls, SMS, or equivalent electronic communication, including push notifications regarding updates and contracted services.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those You have purchased or enquired about unless You have opted out.
• To manage Your requests: to attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: to monitor and analyze use of our Service, for payment processing, and to contact You.
• For Business transfers: in connection with or during negotiations of any merger, sale of Company assets, financing, or acquisition.
• With Affiliates: provided they honor this Privacy Policy. Affiliates include Our parent company, subsidiaries, joint venture partners and companies under common control.
• With Business partners: to offer You certain products, services or promotions.
• With other users: when You share personal information or interact in public areas, it may be viewed by all users and publicly distributed outside.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data as necessary to comply with legal obligations, resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when used to strengthen security or improve functionality, or when We are legally obligated to retain it longer.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in other places where the parties involved in processing are located. This means information may be transferred to and maintained on computers outside Your state, province, country or other governmental jurisdiction where data protection laws may differ.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer will take place unless adequate controls are in place.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before it is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required by law or in response to valid requests by public authorities.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but no method of transmission over the Internet or electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics
  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt out by installing the Google Analytics opt-out browser add-on. For more information, visit Google’s Privacy & Terms.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt out by following the unsubscribe link or instructions in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

• Mailchimp
  Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC. See Mailchimp’s Privacy Policy.

Payments

We may provide paid products and/or services within the Service and may use third-party services for payment processing.

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors, whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to PCI-DSS standards.

• Apple Store In-App Payments — Privacy Policy
• Stripe — Privacy Policy
• PayPal — Privacy Policy

When You use Our Service to pay for a product and/or service via bank transfer, We may ask You to provide information to facilitate the transaction and verify Your identity.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or pre-contractual obligations.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation.
• Vital interests: Processing Personal Data is necessary to protect Your vital interests or those of another natural person.
• Public interests: Processing Personal Data relates to a task carried out in the public interest or exercise of official authority.
• Legitimate interests: Processing Personal Data is necessary for the legitimate interests pursued by the Company.

In any case, the Company will gladly help clarify the specific legal basis that applies to the processing.

Your Rights under the GDPR

The Company respects the confidentiality of Your Personal Data and guarantees You can exercise Your rights. If You are within the EU, You have the right to:

• Request access to, update or delete the Personal Data We hold about You.
• Request correction of incomplete or inaccurate Personal Data.
• Object to processing where We rely on legitimate interest or process data for direct marketing.
• Request erasure of Your Personal Data when there is no good reason to continue processing it.
• Request transfer of Your Personal Data in a structured, commonly used, machine-readable format where applicable.
• Withdraw Your consent. If You withdraw consent, We may not be able to provide access to certain functionalities.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights by contacting Us. We may ask You to verify Your identity before responding. We will try our best to respond as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. If You are in the EEA, contact Your local data protection authority.

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

• The right to notice. You must be notified which categories of Personal Data are collected and the purposes for which it is used.
• The right to access / the right to request. You may request information regarding disclosure of Your Personal Data collected in the past 12 months for third-party direct marketing purposes.
• The right to say no to the sale of Personal Data. You may ask the Company not to sell Your Personal Data to third parties.
• The right to know about Your Personal Data. You may request the categories collected, sources, business purpose, third-party categories, and specific pieces collected.
• The right to delete Personal Data. You may request deletion of Personal Data collected in the past 12 months.
• The right not to be discriminated against. You may not be discriminated against for exercising Consumer rights, including by denying goods or services, charging different prices, or providing a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

To exercise rights under the CCPA, if you are a California resident, You can email us or visit our “Do Not Sell My Personal Information” section. The Company will disclose and deliver required information free of charge within 45 days of receiving a verifiable request. This may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, Service Providers we partner with may use technology on the Service that “sells” personal information as defined by the CCPA.

If you wish to opt out of interest-based advertising and potential sales, follow the instructions below. Any opt out is specific to the browser You use.

Website

You can opt out of personalized ads served by our Service Providers through:

• Our “Cookie Consent” notice banner
• Our “CCPA Opt-out” notice banner
• Our “Do Not Sell My Personal Information” notice banner
• Our “Do Not Sell My Personal Information” link

The opt out places a cookie on Your computer unique to the browser You use. If you change browsers or delete cookies, you will need to opt out again.

Mobile Devices

Your mobile device may let you opt out of targeted advertising through “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android, or “Limit Ad Tracking” on iOS. You can also stop collection of location information by changing device preferences.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

Some third-party websites do keep track of Your browsing activities. You can set preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT in your browser preferences or settings.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798, California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal, and if you are a California resident, You can contact Us using the contact information provided below, including the email address associated with Your account.

Your request does not guarantee complete or comprehensive removal, and the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically. Changes are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: legal@simpi.com
• By mail: SIMPI GmbH, Königstraße 5, 70173 Stuttgart, Germany