October 29, 2015

Privacy Notice

  1. Data Controller and its Data Protection Officer

The Controller is:

PEAT GmbH
Kastanienallee 4
10435 Berlin
Germany
Geschäftsführerin (Managing Director): Simone Strey

E-Mail: PrivacyTeam@plantix.net

The Data Protection Officer of the Controller is:

Dennis R. Jlussi
paxaru Rechtsanwaltsgesellschaft mbH
Berliner Allee 13
30175 Hannover
E-Mail datenschutz@paxaru.com

 

  1. Scope of this Privacy Notice

This Privacy Notice applies to the processing of personal data in the context of

  1. the websites www.peat.ai and www.plantix.net (“Website”), and
  2. the mobile applications Plantix and Plantix-Preview (“App”),
  3. the digital community Plantix Community (“Community”).

The Website, the App and the Community are collectively referred to as the “Services”.

  1. Website

When using the Website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server. If you view our Website, we collect the following data:

    • IP address
    • Date and time of the request
    • Content of the request (specific page URL, but not the content of the page as such)
    • Access status/HTTP status code
    • Web page where the user was referred from (“referer”)
    • Information about operating system and browser software
    • Preferred language setting and screen resolution

This data will be processed by us for the following purposes:

    • Provision of the Website
    • Evaluation of system security and stability
    • Compile aggregated, anonymous usage statistics that serve to improve the Website

This data may only be personally identifiable via the IP address. Depending on your way of access to the Internet, the IP address may be completely anonymous, or your access provider stores the assignment of a dynamic IP address to you. In the latter case, combining the above-mentioned data with that of your access provider can eventually make a connection between you personally and the above-mentioned data. However, we will only initiate this if this is appropriate in individual cases for the purposes of legal prosecution, and we will otherwise only cooperate in this if this is ordered by competent authorities or courts in individual cases.

The legal basis for the provision of the Website is Performance of Contract. For the other purposes, the legal basis is the Legitimate Interest in keeping the Website and the underlying systems secure, and to improve the usability and performance of the Website. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

The data will be stored until the end of the calendar month following use and then be deleted or anonymized (unless required in individual cases for the purpose of legal prosecution) within two working days.

  1. App

    1. App download

When downloading the App, the necessary information is transferred to the App store, in particular user name, e-mail address and customer ID of your account with the App store provider, time of download, and the individual device identification number. This data processing happens in the context of your use of the App store and within the legal framework you have with your App store provider. We are not controlling this data processing and have no access to this data. However, we may receive anonymous aggregated statistical data from the App store providers based on this personal data.

    1. App usage

The main functionality of the App is to upload pictures of plants that are affected by a disease or pest in order to receive an automated analysis of what the disease or pest possibly is.

If you upload a picture of a plant, we collect in connection with such picture the following data:

  • User ID (internal) in case you are logged in as a Community user
  • Location (latitude, longitude, alteration, mobile network provider)
  • Timestamp

This data is processed for Performance of Contract in order to analyze the possible disease of pest, and (if you are logged in as a Community user) in order to connect the image to your account. We also use the data, together with other data collected:

  • Image source (image taken with App or uploaded from device storage)
  • Locale of the App and your device (ISO country code)
  • Network type (e.g. mobile 3G, mobile 4G, WiFi)

for the purpose of improving the analysis results and algorithms, and improving the performance, stability, security and user experience of the App, based on a Legitimate Interest in these purposes. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

For the latter purposes, we will store and process the data for the life time of the Services (without prejudice for any ‘right to be forgotten’ request from you – see below). Generally, after your Community User ID has been deleted (see below for details) or if you take the image without being logged in, the data is anonymous. However, in individual cases you may still be indirectly identifiable through the location data (e.g. if you take images on your private property); we will not undertake any efforts to identify you by this data, and will not co-operate in doing so unless we are legally obliged and ordered to do so by a competent authority or court.

    1. Push Notifications

The App provides Push Notifications that appear in the notification pane of your device. The notifications include information about responses to your Community contributions and important information from us. We do not use push notifications for advertising purposes. You can disable push notifications for individual Community contributions ‘unsubscribing’ from the respective contribution, or disable push notifications entirely in the App settings.

  1. Community

    1. Community as a part of the App

If you use the Community as a part of the App, all information above about the App is applicable to the Community as well.

    1. Community account

If you sign up for and use the Community, we collect and process the following personal data of you:

  • Nickname (pseudonym)
  • User-ID (internal)
  • E-mail address
  • Telephone number
  • User picture
  • Selected language(s)

This data is processed by us for the purpose of providing the Community to you and other users. In particular, the base data is required to maintain your user account, and to contact you via e-mail or push notifications.

This data is processed for Performance of Contract. We will restrict the processing of this data once you delete your user account. Your data will further be stored in order to document your Community participation for the purposes of legal defense, which is a Legitimate Interest, for the duration of three full years, and afterwards be deleted.

    1. Community usage

In the course of you using the Community, we collect, compute and process the following personal fata of you:

  • Follower connections
  • User page views
  • User contributions (public messages)
    • User information (your user ID)
    • Message subject and body (and any personal data contained therein)
    • Timestamp
    • Picture uploaded or referenced with the message
    • Location data
    • Message tags (reference to certain topic categories, e.g. particular plant disease)
    • Language of the message
    • Message votings
  • User rank
  • Reputation

The data bases on interactions of users within the Community and is processed in order to make the Community work in a way that users can interact and trust each other. The follower connections base on you following other users or other users following you, respectively, within the Community. Also, we allow users to up-vote or down-vote certain Community contributions of other users in order to support the quality of contributions. Based on the interactions, we compute users ranks and reputation for your user account in order for other users to get an idea of your seniority within the Community.

This data is processed for Performance of Contract. If you choose to delete your Community account, you may request from us to anonymize the data (your contributions will be marked as being from a deleted user). Otherwise, we will continue to store this data out of our Legitimate Interest to maintain Community content that bases on interactions usable for all users (without prejudice for any ‘right to be forgotten’ request from you – see below).

  1. Information Stored on your Device (Cookies etc.)

When you use the Website, the App or the Community, we use technologies to store information on your device. We refer to these technologies as “cookies”, while, for the purpose of this Privacy Notice, this also includes functionally similar technologies (e.g. HTML5 storage objects). Our web server supplying the Website and our servers the App (including the Community) connects to can store cookies on your computer or mobile device, respectively. The cookie data are then transmitted back if your computer or mobile device requests information from our servers, so that cookie data can be processed in order to provide the requested information.

If you use the Website, you can inspect the cookies in your internet browser. You can also adjust your browser settings to accept cookies or not. Also, we ask you whether or not you want to accept cookies on our Website (your choice is stored in a cookie).

We use:

  • Session cookies which are deleted automatically if you close your browser or the App;
  • Persistent cookies which remain on your device for a pre-defined period of time.

We use cookies to:

  • identify anonymous users (so you are re-identified, but the information is not connected you personally)
  • identify registered users in the App, including the Community

We do only use first-party cookies, i.e. cookies that are only functional towards our servers (including servers of others that process data on our behalf). We do not use any third-party cookies, including cookies that allow others to track your behavior.

  1. Contact Form and E-Mail

When you contact us by e-mail or via a contact form, we will store and process your e-mail address and, if you provide it, your name and telephone number in order to respond to your message.

We will restrict the processing of the data arising in this context after processing is no longer necessary. Your message and our response will further be stored in order to fulfill legal obligations (German trade and tax laws, §§ 257 HGB, 147 AO) for the duration of six full years, and afterwards be deleted.

  1. Analytics

    1. For our App, we use Google Fabric and Google Analytics for Firebase, services provided to us by Google, LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). With both services, we track the behavior of the App (in terms of performance and crash reports) as well as the usage by users. This includes ‘clickstreams’, i.e. which functions of the App you use in which order. You can find the privacy notice for Google Fabric here and the privacy notice for Google Analytics for Firebase here.

We collect the following data in this context:

  • Special pseudonymous ID
  • Unique device identifier
  • Clickstream
  • App performance data
  • Basic information about your device (model and operating system)
  • IP address (truncated and anonymized instantly by Google)

We collect this data in order to fix eventual problems and further improve our App in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.

We will fully anonymize the data within a couple of minutes after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

    1. Our Services use use Google Analytics, a web analysis service provided by Google. With this service, we track the behavior of users in order to generate anonymous statistics. This included ‘clickstreams’, i.e. which functions of the Website or the App you see in which order. Google Analytics uses Cookies. You can find further information about Google Analytics’ Privacy Policy at http://www.google.com/intl/de/analytics/privacyoverview.html.

We collect the following data in this context:

    • Special pseudonymous Cookie ID
    • Clickstream
    • IP address
    • Date and time of the request
    • Content of the request (specific page URL, but not the content of the page as such)
    • Information about operating system and browser software
    • Preferred language setting and screen resolution

We collect this data in order to fix eventual problems and further improve our Services in terms of technology, stability, security and user experience, based on a Legitimate Interest in these purposes.

We will fully anonymize the data within 26 months after your usage session. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally.

    1. Opt-Out: Within the App, you can opt-out from the collection of data through all mentioned Google services by the use of the opt-out switch in the App settings.
      On the Website, you can opt-out from the use of Google Analytics by clicking this link:

      Deactivate Google Analytics

  1. Data Transfers (including third-country transfers)

    1. Ordinary course of internet connections

All Services are based on internet connections. Your data is transferred to us via the internet and vice versa. Also, the data you make public through the Services (e.g. your plant pictures, profile information, Community contributions) are transferred to other users of the service via the Internet. This happens in the course of Performance of Contract. Internet connections are potentially worldwide. Depending on your location, or the locations of other users respectively, data may be transferred to and from countries that have no adequate level of data protection.

    1. Sign-In via Google

You may optionally choose to sign up for the Community via Google Sign-In, using a pre-existing Google account. By doing so, you instruct Google to transfer your personal data (as indicated in the sign-up process by Google; we may request nickname, e-mail address, telephone number and user picture) to us, while Google in return receives the information that you signed up for the Community. Google, LLC, is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Google’s terms and privacy policy for more details. The legal basis is Performance of Contract.

    1. Sign-In via Facebook Connect

You may optionally choose to sign up for the Community via Facebook Connect, using a pre-existing Facebook account. By doing so, you instruct Facebook to transfer your personal data (as indicated in the sign-up process by Facebook; we may request nickname, e-mail address, telephone number and user picture) to us, while Facebook in return receives the information that you signed up for the Community. Facebook, Inc., is located in a third county, the United States of America, and has certified itself under the EU-US Privacy Shield program that the EU Commission found to provide adequate protection of personal data. Please consult Facebook’s terms and privacy policy for more details. The legal basis is Performance of Contract.

  1. Legal Bases

We refer to different legal bases in this Privacy Notice. Such terms refer to certain provisions of the General Data Protection Regulation (GDPR):

  • Consent” refers to Art 6 para 1 sentence 1 lit a GDPR.
  • Performance of Contract” refers to Art 6 para 1 sentence 1 lit b GDPR.
  • Legal Obligation” refers to Art 6 para 1 sentence 1 lit c GDPR (in conjunction with the legal obligation named for each individual case).
  • Legitimate Interest” refers to Art 6 para 1 sentence 1 lit f GDPR.
  1. Withdrawal of Consent and Objection to Data Processing

    1. If you have given your Consent to the processing of your data and/or the receipt of marketing e-mails, you can withdraw your Consent at any time with effect for the future. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.
    2. To the extent we base the processing of your personal data on a Legitimate Interest, you may object to the processing. To do this, notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer. If you wish to file such an objection, we kindly ask you to explain the reasons why your interest outweighs ours. In the event of your objection, we will check the situation and either stop or adjust our processing of your data, or point out to you our overriding interest, on the basis of which we will continue our processing.
  1. Your rights

You are entitled to request from us:

  • Access to your personal data (right to information) pursuant to Article 15 GDPR,
  • Rectification of any inaccurate personal data pursuant to Article 16 GDPR.
  • Erasure of your personal data (“right to be forgotten”) in particular cases in accordance with Article 17 GDPR.
  • Restriction of processing your personal data for the period during which a rectification or erasure request is examined, in accordance with Article 18 GDPR.
  • To receive your personal data in a structured, commonly used and machine-readable format for transmission to another controller (right to data portability) in accordance with Article 20 GDPR.

If you wish to exercise one or several of these rights, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.

  1. Complaints

If you wish to complain about data processing, please notify (e.g. by e-mail) the Controller mentioned under 1. above or its data protection officer.

You also have the right to file a complaint with the competent data protection supervisory authority. This is the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information). If you reside within the European Economic Area (EEA), you may also choose to file your complaint with your local data protection supervisory authority.

  1. Amendments to this Privacy Notice

This Privacy Notice is currently valid as of May 24th, 2018. We reserve the right to amend this Privacy Notice. You can refer to the current version of the Privacy Notice at any time at: www.peat.ai/privacy-notice and www.plantix.net/imprint#privacy-notice