1 – Introduction

1.1We are committed to safeguarding the privacy of our website visitors and service users.
1.2This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
1.4In this policy, “we”, “us” and “our” refer to Softwareentwicklung Marco Pennekamp. See our Imprint for more information.
1.5The term “website” refers to our product advertising pages and blog at wordpace.app. The term “services” refers to both our upcoming web application located at web.wordpace.app and our upcoming mobile app available on the iOS and Android stores. These two services will share exactly the same data backend, hence they are always mentioned together.
1.6The term “account” refers to the account you need to register with us in order to use our services.

2 – Credit

2.1This document was created using a template by SEQ Legal.

3 – How we use your personal data

3.1In this Section 3 we have set out:
  1. the general categories of personal data that we may process;
  2. the purposes for which we may process personal data; and
  3. the legal bases of the processing.
3.2We may process data about your use of our website and services (”usage data”). The usage data may include your anonymised IP address, approximate geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing of anonymous usage data are our legitimate interests, namely monitoring and improving our website and services, especially where it relates to judging the performance of our blog content and sign-up forms (for the mailing list and a service account).
3.3We may process your account data (”account data”). The account data includes your username, email address and hashed password. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing are our legitimate interests, namely the proper administration of our services. The email and/or username are used for the identification of you as an account holder when logging in and other technically mandatory procedures. We may also contact you via your e-mail for (requested) support services or important notifications pertaining to your account, the usage of our services, or your account security.
3.4We may process your information included in your personal profile in our services (”profile data”). The profile data may include your name, email address, and profile picture. The profile data may be processed for the purposes of enabling your use of our services. The legal basis for this processing are our legitimate interests, namely the proper administration of our services.
3.5We may process your personal data that are provided in the course of the use of our services (”service data”). The service data may include the words you add to your collection and the learn progress associated with them (including metadata such as when a word was added), statistics about questions you answered, your settings, community examples and flash fiction you have written, and your community example and flash fiction votes. The source of the service data is you. The service data may be processed for the purposes of providing our services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing are our legitimate interests, namely the proper administration of our services.
3.6We may process information that you post for publication through our services (”publication data”). The publication data may include community examples and flash fiction. The publication data may be processed for the purposes of enabling such publication and administering our services. The legal basis for this processing are our legitimate interests, namely the proper administration of our website, services and business.
3.7We may process comments that you post for publication through our website’s blog (”comment data”). The comment data may be processed for the purposes of enabling publication of said comments and administering our website. The legal basis for this processing are our legitimate interests, namely the proper administration of our website and business.
3.8We may process information relating to transactions, including purchases of services, that you enter into with us and/or through our services (”transaction data”). The transaction data may include your contact details, your payment details (e.g. credit card details) and the transaction details. The source of the transaction data is you and/or our payment services provider. The transaction data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our services and business.
3.9We may process information that you provide to us for the purpose of subscribing to our newsletters (”notification data”). The notification data may be processed for the purposes of sending you the relevant newsletters. The legal basis for this processing is consent.
3.10We may process information contained in or relating to any communication that you send to us (”correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Should you contact us through our contact forms on our website, our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business and communications with users.
3.11We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.13In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.14Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4 – Providing your personal data to others

4.1We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.2Your initial-contact correspondence data (the information you provide to us via the contact form on our website) is disclosed to Formspree, Inc. (“Formspree”) identified at formspree.io when you use the contact form on our website. Formspree handles the initial delivery of the correspondence data to our e-mail inbox and is consequently required to process this initial-contact information. You can find Formspree’s privacy policy at http://docs.formspree.io/files/privacy.pdf.
4.3If you contact us via e-mail, your correspondence data will be disclosed to Tutao GmbH (“Tutao”) identified at tutanota.com. Tutao provides our e-mail accounts and inbox and is consequently required to process this correspondence data. You can find Tutao’s privacy policy at https://tutanota.com/terms#privacy.
4.4Your notification data is disclosed to UAB “MailerLite” (“MailerLite”), registered in Lithuania and identified at mailerlite.com. MailerLite handles your sign-up to our newsletters, the contact data you supply to us for the purpose of receiving our newsletters, metadata associated with your interaction with our newsletters (open and click tracking), and the delivery of newsletter emails. It is therefore technically mandatory to disclose your notification data to MailerLite. You can find MailerLite’s privacy policy at https://www.mailerlite.com/legal/privacy-policy.
4.5Financial transactions relating to our services are handled by our payment services providers, Stripe, Inc. (“Stripe”) identified at stripe.com. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about Stripe’s privacy policy at https://stripe.com/privacy.
4.6Your comment data is disclosed to Forward Motion Technologies, LLC., which operates CommentBox.io (“CommentBox”) identified at commentbox.io. CommentBox provides a plugin which is embedded in our website and supports the commenting function under our blog posts. It is therefore technically mandatory to disclose your comment data to CommentBox. You can find CommentBox’s privacy policy at https://commentbox.io/privacy.
4.7In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5 – International transfers of your personal data

5.1In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2Tutao and MailerLite are situated within the EEA.
5.3Formspree, Stripe, CommentBox and Google (Google Analytics) are fully or partially situated in the USA. All of these companies adhere to the EU-U.S. Privacy Shield Framework (see their respective privacy policies). Transfers to the USA will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5.4You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6 – Retaining and deleting personal data

6.1This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3We will retain your personal data as follows:
  1. Anonymised usage data will be kept indefinitely. The legal basis for this is the purpose of statistical analysis to improve our website and services, as permitted by Article 5(1)(e). In accordance with Article 89(1), this data is fully pseudonymous.
  2. Your account, profile, and service data will be retained for as long as you have an account with our services. You can request the deletion of said account at any time.
  3. Your publication data will be retained even after account deletion, because the publication of this data is beneficial to other users of our services (this data provides examples and context to one or more words) and thus necessary in the operation of our services. You can request the deletion of this data at any time.
  4. Your comment data will be retained indefinitely, because the publication of this data is beneficial to other users of our website (by allowing insightful commentary to flourish under our blog posts) and thus necessary in the operation of our website. You can request the deletion of this data at any time.
  5. Your transaction data will be retained for at least as long as necessary as mandated by German and EU law. For the purpose of record-keeping, we may keep this data longer. If you have a legal right to have this data deleted (i.e. there are no laws disallowing the deletion of said data), you can request the deletion of this data at any time.
  6. Your notification data will be retained for as long as you’re subscribed to our newsletter. You can unsubscribe at any time, either by clicking an “unsubscribe” link in a newsletter email or by contacting us.
  7. Your correspondence data will be kept indefinitely for the purpose of record-keeping. You can request the deletion of this data at any time.
6.4Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7 – Amendments

7.1We may update this policy from time to time by publishing a new version on our website.
7.2You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3If you have an account with our services, we may notify you of changes to this policy by email.

8 – Your rights

8.1In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2Your principal rights under data protection law are:
  1. the right to access;
  2. the right to rectification;
  3. the right to erasure;
  4. the right to restrict processing;
  5. the right to object to processing;
  6. the right to data portability;
  7. the right to complain to a supervisory authority; and
  8. the right to withdraw consent.
8.3You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
8.6In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
8.8You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
8.9You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10To the extent that the legal basis for our processing of your personal data is:
  1. consent; or
  2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
8.12To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.

9 – About cookies

9.1A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10 – Cookies that we use

10.1We use cookies for the following purposes:
  1. authentication and status - we use cookies to determine if you are logged into our services; and
  2. cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

11 – Cookies used by our service providers

11.1Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://policies.google.com/privacy.
11.3To learn more about the cookie use of our other service providers, please consider their respective privacy policies. You can find a list of these in Section 4 of this document.

12 – Managing cookies

12.1Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
  1. https://support.google.com/chrome/answer/95647 (Chrome);
  2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
  3. https://www.opera.com/help/tutorials/security/cookies/ (Opera);
  4. https://support.apple.com/kb/PH21411 (Safari); and
  5. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2Blocking all cookies will have a negative impact upon the usability of many websites.
12.3If you block cookies, you will not be able to use all the features of our services.