| Language: |
End-user license agreement for the temporary use of flyingshapes (software) and for the trial phase as well as for the permanently free version of the software
between
flyingshapes GmbH (Mombacher Str. 68, 55122 Mainz, commercial register registration HRB 48179 Local Court of Mainz, represented by Jonas Kunze and Dr. Johannes Mattmann, see legal noticehttps://www.flyingshapes.com/impressum - hereinafter also referred to as "flyingshapes", "we" and/or "us")
and
You, irrespective of whether you are a natural person or legal entity, consumer or entrepreneur (hereinafter also referred to as "you", "customer" or "licensee")
§ 1 Scope of application, contract language, definition of terms
(1) The following terms and conditions of us for the temporary use of software apply to all contractual relationships with the licensee of Steam (hereinafter referred to as "licensee") in connection with the rental of our software flyingshapes (hereinafter also referred to as "software") via Steam and become part of the contract, unless written individual agreements are agreed. By downloading, installing or otherwise using the software, the licensee acknowledges the validity of the following provision as binding. The provisions shall apply accordingly if and insofar as new program versions of the software (e.g. patches, bug fixes, updates, upgrades, etc.) are provided. Unless otherwise regulated below, these provisions shall apply in addition to the Steam User Agreement.
(2) The software is protected by copyright. The copyright regarding the leased software is also subject matter of this contract.
(3) The current version of these terms and conditions at the time of downloading always applies. Deviating or conflicting terms and conditions of the customer shall only be recognized by us if we have expressly agreed to them in writing.
(4) In accordance with this provision, we reserve the right to amend these terms and conditions if this amendment is reasonable for you taking into account the interests of both parties; this is particularly the case if the amendments are without significant legal and/or economic disadvantages for you, e.g. in the event of changes to the storage space of the documentation or changes to our contact information.
Furthermore, if these terms and conditions are changed, you will be informed by a message in the software the next time you use the software. If you do not agree with the change, you have the right to terminate the agreement with Steam to use this software under Steam's terms and conditions.
(5) The language used for the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
(6) The customer is a consumer insofar as the purpose of the products or services ordered cannot be predominantly attributed to his or her commercial or self-employed professional activity.
On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities
§ 2 Our service within the scope of software licensing
(1) We rent the software provided by Steam to the licensee for the duration specified in § 4, as well as an electronic user manual and other electronic documentation (e.g. operating instructions, help files, online help, other technical information and documents). The source code is not part of the contract and is not supplied. The software and other documentation is available exclusively via download from the Steam web shop, or alternatively the documentation is also available on our website (www.flyingshapes.com).
(2) The user manual or other documentation of the software on our website or on third party websites (e.g. Steam) describes in detail which functions and services the software provides when used in accordance with the contract. Only the respective description shall be decisive for the agreed quality of the software and its intended use. Public statements, promotions or advertisements do not represent any indication of the quality of the software programs.
(3) Our services in connection with the rental of the contractual software do not include (a) software installation or de-installation at the end of the rental period (both are to be performed by the licensee), (b) customer-specific adaptations, training, user support and other services or work beyond the rental of the contractual software described above. In particular, we do not owe any services which enable the connection and data exchange with other software, even if the software contains interfaces. Both the establishment of this connection and the services previously excluded in this paragraph or not mentioned here shall only be provided against additional payment within the framework of a separate agreement to be concluded with the customer.
(4) In particular, the following are not included in our services
a. creating backups
b. ensuring the downward compatibility of the software
c. the creation and provision of new program versions, unless this is done voluntarily, e.g. as part of a maintenance program
d. maintaining the functional scope of the software; in the event of a reduction in the functional scope, the customer shall be entitled to terminate the subscription in accordance with Steam's terms and conditions
e. a warranty on the software in whole or in part; in the event that the software is discontinued, the customer shall be entitled to terminate the subscription in accordance with Steam's terms and conditions
(5) Any access codes required for the use of the software ((hereinafter also referred to as "license keys") shall be made available to the licensee by us or by other third parties authorized to transfer them.
§ 3 Granting of rights
(1) Upon payment in full of the valid and visible fee to Steam for the subscription, the licensee shall receive the non-exclusive, non-transferable and non-sublicensable right to use the software to the extent granted in this contract, limited in time to the term of this license agreement. All software, data carriers and the user documentation provided shall be subject to retention of title and/or use shall be prohibited prior to full payment of the fee to Steam. The contractual use includes the installation as well as the loading, display and execution of the installed software.
(2) The licensee is entitled to make a backup copy of the data carrier provided to him. The licensee shall visibly affix the note "Backup Copy" and a copyright note of the manufacturer to the backup copy made.
(3) In addition, the licensee shall only be entitled to copy, edit or decompile the software if this is legally permissible and only if the necessary information is not made accessible by the software manufacturer at the licensee's request.
(4) Beyond the cases mentioned in paragraphs 1 to 3, the licensee is not entitled to duplicate the software.
(5) The licensee is not entitled to transfer the copy of the software handed over to him or her or any backup copy that may have been made to any third party. In particular, he or she is not permitted to sell, lend, rent or sub-license the software in any other way or to reproduce the software publicly or make it accessible.
(6) If the licensee violates any of the above provisions, all rights of use granted within the framework of this contract shall immediately become invalid and shall automatically revert to us. In this case, the licensee must immediately and completely cease using the software, delete all copies of the software installed on his or her systems and delete any backup copies made or hand them over to us.
(7) The above provisions shall also apply within the framework of the free trial phase as well as for the permanently free version of the software, which is available exclusively for use in the private - non-commercial - environment.
§ 4 Contractual term and termination
The rental agreement for the flyingshapes software is concluded as a subscription with a term of 30 days starting from the conclusion of the contract. A cancellation is possible for both parties at any time with a period of 10 days to the end of the respective term. Payment is made via Steam as a so-called micro transaction, after the user has agreed to this during the ordering process by clicking on "Authorize".
§ 5 Protection of the software
The licensee is obliged to take appropriate measures to protect the software from access by unauthorized third parties, in particular to store all copies of the software in a protected place.
§ 6 Liability for material defects and defects of title
(1) Technical data, specifications and performance specifications given in public statements, in particular in advertising material, shall not be deemed to be quality specifications. The functionality of the software is initially based on the description in the user documentation and the supplementary agreements made. As for the rest, the software must be suitable for the use assumed under this contract and must otherwise have a quality that is usual for software of the same type.
(2) We shall provide and maintain the software in a condition suitable for contractual use. The removal of defects shall be carried out by Steam, at our option, either by replacement delivery or by subsequent improvement, which may also take the form of a circumvention solution, as long as the contractual use is not significantly impaired. The obligation to maintain does not include the adaptation of the software to changed operating conditions and technical and functional developments, such as changes to the IT environment, in particular changes to the hardware or operating system, adaptation to the functional scope of competing products or the creation of compatibility with new data formats.
(3) The liability for damages, regardless of fault, for defects which were already present at the time of conclusion of the contract is excluded.
(4) The licensee is obliged to notify Steam of any defects in the software immediately after their discovery. When notifying material defects, this is done by describing the time of occurrence of the defects and the detailed circumstances, provided that the provisions of Steam do not establish any further prerequisites.
(5) The aforementioned rights of the licensee to maintain the software pursuant to paragraphs 2 and 4 and the other statutory defect rights shall not apply within the framework of the trial phase and within the framework of the permanently free version of the software (lending contract). Within the scope of this lending we only compensate for damage suffered as a result of our fraudulently concealing a defect in law or a defect in the software.
§ 7 Exclusion of the right to reduce the license fee
There is no right to a reduction of the license fee in the event of a defect in the software. This does not affect flyingshapes' obligation to provide and maintain the software in the contractual condition. If the licensee waives the plea of limitation, any claim to enrichment by the licensee shall also remain unaffected, even if the licensee pays without reservation.
§ 8 Liability in other respects
(1) We shall be liable for intent and gross negligence. In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper performance of the contract and on the observance of which the licensee may regularly rely, as well as in the event of damage resulting from injury to life, limb or health. Liability under the Product Liability Act and for fraudulent concealment of a defect and for a guarantee for the quality of the item or for an agreement thereon shall remain unaffected.
(2) We owe the care customary in the industry. When determining whether we are at fault, it must be taken into account that software cannot be created without technical errors.
(3) In the event of a slightly negligent breach of an obligation which is essential for achieving the purpose of the contract (cardinal obligation), our liability shall be limited in amount to the damage which is foreseeable and typical for the type of transaction in question.
(4) We shall not be liable for the loss of data and/or programs insofar as the damage is due to the fact that the licensee has failed to carry out data backups and thereby failed to ensure that lost data can be restored with reasonable effort.
(5) The above limitation of liability also applies to the personal liability of employees, representatives and organs of flyingshapes GmbH.
(6) Within the scope of the software trial phase and the permanently free version of the software, we are only responsible for intent and gross negligence. Liability for a negligent breach of an obligation under paragraph 3 is excluded.
§ 9 Trial phase and permanently free version of the software
(1) The trial phase for extensive testing of the software shall last for a period of one month and may be used for private and commercial purposes. Subsequently, it is necessary to conclude a license agreement with Steam for further use in accordance with this agreement.
(2) In addition, there is an unlimited free version of the software as long as the software is used for purely private - non-commercial - purposes.
(3) With regard to the rights of use, reference is made to § 3 paragraph 7.
(4) At the end of the free trial phase and at the end of the permanent free version of the software, the use of the software and the other services, in particular the documentation, shall cease immediately.
(5) With regard to maintenance obligations and warranty rights, reference is made to § 6 para. 5.
(6) With regard to liability in other respects, reference is made to § 8 para. 6.
§ 10 Newsletter
For the purpose of sending you newsletters and other electronic communications of an advertising nature, we require your e-mail address and, if applicable, your name for personal address. As a rule, our newsletters contain information about our services and products and accompanying information (such as error messages, change logs, safety instructions), offers and information about our company.
Double-Opt-In: The registration to our newsletter takes place over the Double-Opt-In-Procedure. After registration with your e-mail address you will receive an e-mail from us in which you will be asked to confirm your registration by clicking on a link. This confirmation is necessary in order to avoid misuse of external e-mail addresses.
If you are a consumer, electronic messages are sent on the basis of your consent in accordance with Art. 6 Para. 1 sentence 1 lit. a GDPR in conjunction with Section 7 para. 2 no. 3 of the German Unfair Competition Act or if a consent - because you are an entrepreneur - is not necessary, due to our legitimate interest in direct marketing according to Art. 6 para. 1 sentence 1 lit. f GDPR in conjunction with Section 7 para. 3 of the German Unfair Competition Act to be able to send you user-friendly and secure messages which serve our business and scientific interests as well as benefit the users of the software.
You can revoke your consent at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com. You will find a link to unsubscribe from the newsletter at the end of each newsletter.
A protocol is created for the purpose of proving consent in accordance with clause15 of the data protection information of our flyingshapes app.
§ 11 Final provisions
(1) The terms and conditions written here are complete and final. Amendments and supplements to these terms and conditions should be made in writing in order to avoid confusion or dispute between the parties over the content of the contract agreed in each case.
(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and either moved out of Germany at the time we brought the legal action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Mainz.
(3) We draw your attention to the fact that, in addition to ordinary legal action, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and on the website: ="" href="http://ec.europa.eu/consumers/odr">http://ec.europa.eu/consumers/odr
Our e-mail address is info@flyingshapes.com
In accordance with Section 36 of the German Consumer Dispute Settlement Act, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) These GTC shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(5) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
==============================================
Information on the processing of personal data
Hereinafter flyingshapes GmbH, Mombacher Str. 68, 55122 Mainz (also referred to as: “flyingshapes", "we" or "us") informs about the collection of personal data when using this application (also referred to as: “App").
In order to make this information about the processing of personal data more understandable, we offer you simplified summaries of the respective sections at some points in the highlighted text fields. Even though we offer you such summary, it is important and necessary that you read the only relevant information about the processing of personal data in its entirety.
Introductory remarks
1. Scope of application
2. Responsibility
3. Server
4. Personal data
5. Your rights
6. Establishment of contact
7. flyingshapes account
8. Newsletter
9. Service providers
10. Our handling of your data
11. Duration and periods of data storage
12. Evaluation of the use of the flyingshapes software
13. Recipients or categories of recipients
14. SSL-TLS encryption
15. Protocol on consents given
16. Data protection officer
17. Reservation of the right to change this information
18. Contact us
Introductory remarks
Your data and its protection are important to us. In order to show you how important it is for us that you trust us when it comes to handling your data carefully, we would like to explain here which data we process and how.
To ensure that you can use the flyingshapes App properly, it may be necessary to collect, store and process personal data (in short: processing). In doing so, we act strictly in accordance with the data protection laws.
All personal data is stored exclusively on a server based in Germany and is not passed on to third parties or transferred outside the EU.
1. Scope of application
This data protection declaration applies to this flyingshapes App and to the personal data collected through this App.
For applications and websites of other providers to which reference may be made in the App, e.g. via links, the data protection declarations of those providers shall apply exclusively.
2. Responsibility
Responsible for the processing of personal data by this App within the meaning of the EU General Data Protection Regulation (in short: “GDPR”):
flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
Managing director with power of representation: Jonas Kunze, Dr. Johannes Mattmann
E-mail: legal@flyingshapes.com
3. Server
If data processing is carried out by us, the service offered by STRATO AG, Pascalstr. 10, 10587 Berlin (the servers are located exclusively in Germany) as a technical service provider are used. An order processing agreement was concluded with STRATO AG.
STRATO AG merely provides us with the server for operating our applications (purpose) and does not receive any personal data from us. The involvement of this service provider is in our legitimate interest (Art. 6 para. 1 lit. f. GDPR) in order to present, maintain and operate our applications.
4. Personal data
Simplified summary:
Personal data is all data that can be related to you personally, e.g. name, address, e-mail address, user behavior.
According to Article 4 GDPR, personal data is any information relating to an identified or identifiable natural person; a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is considered identifiable.
5. Your rights
Simplified summary:
You can assert all your rights to:
request information
correct or delete the data
restrict data processing
lodge an appeal against the processing
withdraw your consent for processing
request data transfer to you and, if applicable, to another company
lodge a complaint to the data protection supervisory authority
Please contact us at the following address:
flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
E-Mail: legal@flyingshapes.com
Please note that the App cannot be used when deleting or restricting personal data that is absolutely necessary.
As a user of our App, you have various rights under the GDPR, in particular arising from Art. 15 to 18, 20, 21, 77 GDPR:
a. Right to information
You can request information about your personal data processed by us. In your request for information, you should specify your concern and verify yourself sufficiently to make it easier for us to compile the necessary data.
b. Right to correction
If the information concerning you is (no longer) accurate, you may request that it be corrected. If your data is incomplete, you can request that it be completed.
c. Right to deletion
You can demand the deletion of your personal data under the provisions of Art. 17 GDPR. Your right to deletion depends, among other things, on whether the data concerning you is covered by a right of retention or is still required by us to fulfill our legal obligations.
d. Right to limitation of processing
Within the framework of the provisions of Art. 18 GDPR, you have the right to demand that the processing of data concerning you be restricted.
e. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of the data concerning you. This applies in particular if we process your data out of a legitimate interest. However, we cannot always comply with this, e.g. if we are obliged to archive the data for auditing purposes in accordance with the provisions of tax law. In this case, however, the data will be blocked for further use and deleted at the end of the statutory retention period.
f. Right of revocation
If you have given us permission to process your data, you have the right to revoke this permission at any time. This does not affect the legality of the processing based on the consent until the processing is revoked.
g. Right to data transferability
You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format. If you have provided the data on the basis of consent or a contract, you have the right for us to transfer the data to a data processor named by you.
f. Right of complaint
If you are of the opinion that we have not observed data protection regulations when processing your data, you can lodge a complaint with a data protection supervisory authority which will examine your complaint.
A list of the addresses of the German data protection supervisory authorities can be found at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
6. Establishment of contact
Simplified summary:
If you contact us by yourself, we will only store your data to process your inquiry. The data will then be deleted at regular intervals if a law does not oblige us to store them.
When you contact us (e.g. by e-mail or via our contact forms in the App or on the website), only the data and messages you provide (your e-mail address, your name and any other voluntarily given information) will be stored by us in order to process your inquiry (e.g. contact request, request for advice).
We delete the data arising in connection with the establishment of contact after storage is no longer necessary, or restrict processing if there are statutory retention obligations.
The transmission of your data as a result of an inquiry is voluntary by you, so that you give your consent at the same time (legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR). In addition, we have a legitimate interest in the processing of data pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, as we wish to answer or process your inquiry. If your inquiry is aimed at the conclusion of a contract, the legal basis according to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of the data is also given.
7. flyingshapes account
In order to use the flyingshapes software, registration under a flyingshapes account is required. We use the data provided for the purpose of facilitating the use of our flyingshapes software and other offers or services that you make use of. The mandatory fields (*) requested during registration must be completely filled in. Otherwise the software cannot be used.
The following data is required for registration:
Company with address (if available)
Surname, first name*
E-mail address*
Occupation/Position (optional)
Residence / Country (optional)
The data will be processed for the following purposes:
Company, address, name, e-mail address:
Contract data (for example, subject matter of the contract, duration, customer category).
Payment data (for example, bank details, payment history)
Account management
Assignment of persons to existing rights of use to the software flyingshapes
For sending invoices and other business correspondence
To provide information regarding the software, such as updates and bugs
For notification of (e.g. technically necessary) changes
Occupation/position and residence/country (optional!):
To generate statistical information on which occupational groups use the software and, if applicable, where users are located in order to be able to carry out targeted direct marketing.
In addition, we process the contractual data of our customers, interested parties and business partners for the purpose of providing contractual performances, service and customer care, marketing, advertising and market research.
The legal basis for the processing of the data is, on the one hand, Art. 6 para. 1 lit. b GDPR "Performance of a contract" (e.g. invoices, rights of use, notifications of technical changes and errors) and, in addition, Art. 6 para. 1 lit. f. GDPR "Legitimate Interest" in the communication of advertising information regarding the software and our other services for the purpose of direct marketing.
The stored data will be processed as long as you use the software and then deleted. Statutory retention obligations remain unaffected by this provision.
You have the right to object to the processing of data on the basis of our legitimate interest at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com.
8. Newsletter
For the purpose of sending you newsletters and other electronic communications of an advertising nature, we require your e-mail address and, if applicable, your name for personal address. As a rule, our newsletters contain information about our services and products and accompanying information (such as error messages, change logs, safety instructions), offers and information about our company.
Double-Opt-In: The registration to our newsletter takes place over the Double-Opt-In-Procedure. After registration with your e-mail address you will receive an e-mail from us in which you will be asked to confirm your registration by clicking on a link. This confirmation is necessary in order to avoid misuse of external e-mail addresses.
If you are a consumer, electronic messages are sent on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Section 7 para. 2 no. 3 of the German Unfair Competition Act or if a consent - because you are an entrepreneur - is not necessary, due to our legitimate interest in direct marketing according to Art. 6 para. 1 sentence 1 lit. f GDPR in conjunction with Section 7 para. 3 of the German Unfair Competition Act to be able to send you user-friendly and secure messages which serve our business and scientific interests as well as benefit the users of the software.
You can revoke your consent at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com. You will find a link to unsubscribe from the newsletter at the end of each newsletter.
A record shall be kept for the purpose of proving consent in accordance with paragraph 15.
9. Service providers
Simplified summary:
We will only pass on your data to any service providers named in this information and only with your consent. Beyond that we do not pass on any data without your consent.
If we wish to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you in detail about the respective processes as described below. A passing on to other third parties does not take place without your consent.
10. Our handling of your data
Simplified summary:
We process data of you when you:
use our App
communicate with us
When using our App, the following access data is stored:
the username and user ID provided by Steam (Valve Corporation) as well as your flyingshapes user ID
the date, time and duration of use of the App,
the operating system used,
the IP address of the requesting computer,
a usage evaluation (which components of the applications are used and how often)
For reasons of data security, i.e. to clarify unauthorized access or prevent misuse of the application, the complete IP address of your computer is recorded, stored and automatically deleted 90 days after the end of access.
If you would like to use our App, we collect the above-mentioned access data - which is technically indispensable for us - in order to be able to offer you our App and to guarantee the improvement of stability, functionality and security for both sides, so that this data is collected on the basis of a justified interest on both sides (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR). This data will not be passed on to third parties.
11. Duration and periods of data storage
The data collected as part of inquiries (e.g. by e-mail) will be stored for a period of 90 days, unless we have a statutory right or an obligation to retain such data.
All deadlines begin at the end of the month in which the processing of the inquiry is completed.
In all other respects, the duration of the storage of personal data is measured on the basis of the statutory rights and obligations of retention (e.g. from commercial or tax law). After expiration of the deadline, the data will be deleted at the end of the month, unless they are necessary for the initiation, execution and termination of a contract and / or no legitimate interest on our part in the processing exists.
12. Evaluation of the use of the flyingshapes software
To enable us to constantly improve the flyingshapes software and to make it more user-friendly, as well as for the purpose of scientific research on the software, the flyingshapes software automatically evaluates the telemetry and usage data in relation to your user ID when using the software. For example, this makes it is easier to see which functions are used, when and where crashes occur and where work processes are interrupted. Altogether, this information serves the purpose of technical improvement on the basis of the data collected or the target groups. It is not our aim to observe individual users during the personal evaluation. Rather, this evaluation serves us to continuously improve the software technically, to optimize the user experience and the workflow, and to send automated, personalized recommendations for software usage in the event of difficulties in specific usage scenarios.
This evaluation is stored on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR for the continuous improvement of the flyingshapes software and to enable user-friendly handling, technical optimization and for research purposes with the possibility of conducting individual interviews based on personal user experience.
You can revoke your consent at any time with effect for the future by sending an e-mail toprivacy@flyingshapes.com. For the revocation only the transmission costs of your chosen Internet provider can arise.
A record shall be kept for the purpose of proving consent in accordance with paragraph 15.
13. Recipients or categories of recipients
As a rule, personal data which you communicate to us about your person will only be processed by us. In order to fulfill our tasks and obligations, however, it may be necessary for us to disclose your stored personal data to natural persons and legal entities, authorities, institutions or other bodies. In particular, the following categories of recipient has to be considered:
Courts (e.g. in litigation proceedings)
Non-public sector bodies, provided that they are contract processors
Lawyers, tax consultants, notaries, auditors
14. SSL-TLS encryption
This App uses SSL or TLS encryption for data security reasons and to protect the transmission of confidential content, such as inquiries you send to us. Such encryption means that the data you transmit to us cannot be read by third parties.
15. Protocol on consents given
GDPR and other laws oblige us to be able to prove that we have received consent where required by law.
A protocol is drawn up for the purpose of proving consent in accordance with the legal requirements, such as GDPR and the German Unfair Competition Act. The data provided, the time of registration and confirmation and the IP address are stored.
The protocol of the consents is made to fulfill our statutory obligations to prove the existence of a consent according to Art. 6 para. 1 sentence 1 lit. c GDPR and in addition on the basis of our legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR to be able to provide evidence regarding your consent.
We store the protocol including the data for 3 years after the revocation of your consent. The period shall begin at the end of the year in which consent is withdrawn and the protocol shall be deleted by 31 December of the third year. This serves to be able to prove a previously given consent. A processing of the data takes place only in the context of a necessary evidence of your consent. We would also be happy to comply with your request for early deletion if you confirm your previous consent in writing with your name and e-mail address at the same time.
16. Data protection officer
The data controller must provide the contact details of his or her data protection officer, who may be appointed in accordance with Art. 37 GDPR.
According to the requirements of Art. 37 GDPR, we are currently not obliged to appoint a data protection officer.
17. Reservation of the right to change this information
Changes in the legal situation or laws may make it necessary to amend this information. We will inform you in the event of a change.
18. Contact us
If you have any questions regarding data processing or the assertion of your rights mentioned above, please contact us:
Flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
E-Mail: legal@flyingshapes.com
Date: May 2019
between
flyingshapes GmbH (Mombacher Str. 68, 55122 Mainz, commercial register registration HRB 48179 Local Court of Mainz, represented by Jonas Kunze and Dr. Johannes Mattmann, see legal noticehttps://www.flyingshapes.com/impressum - hereinafter also referred to as "flyingshapes", "we" and/or "us")
and
You, irrespective of whether you are a natural person or legal entity, consumer or entrepreneur (hereinafter also referred to as "you", "customer" or "licensee")
§ 1 Scope of application, contract language, definition of terms
(1) The following terms and conditions of us for the temporary use of software apply to all contractual relationships with the licensee of Steam (hereinafter referred to as "licensee") in connection with the rental of our software flyingshapes (hereinafter also referred to as "software") via Steam and become part of the contract, unless written individual agreements are agreed. By downloading, installing or otherwise using the software, the licensee acknowledges the validity of the following provision as binding. The provisions shall apply accordingly if and insofar as new program versions of the software (e.g. patches, bug fixes, updates, upgrades, etc.) are provided. Unless otherwise regulated below, these provisions shall apply in addition to the Steam User Agreement.
(2) The software is protected by copyright. The copyright regarding the leased software is also subject matter of this contract.
(3) The current version of these terms and conditions at the time of downloading always applies. Deviating or conflicting terms and conditions of the customer shall only be recognized by us if we have expressly agreed to them in writing.
(4) In accordance with this provision, we reserve the right to amend these terms and conditions if this amendment is reasonable for you taking into account the interests of both parties; this is particularly the case if the amendments are without significant legal and/or economic disadvantages for you, e.g. in the event of changes to the storage space of the documentation or changes to our contact information.
Furthermore, if these terms and conditions are changed, you will be informed by a message in the software the next time you use the software. If you do not agree with the change, you have the right to terminate the agreement with Steam to use this software under Steam's terms and conditions.
(5) The language used for the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
(6) The customer is a consumer insofar as the purpose of the products or services ordered cannot be predominantly attributed to his or her commercial or self-employed professional activity.
On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities
§ 2 Our service within the scope of software licensing
(1) We rent the software provided by Steam to the licensee for the duration specified in § 4, as well as an electronic user manual and other electronic documentation (e.g. operating instructions, help files, online help, other technical information and documents). The source code is not part of the contract and is not supplied. The software and other documentation is available exclusively via download from the Steam web shop, or alternatively the documentation is also available on our website (www.flyingshapes.com).
(2) The user manual or other documentation of the software on our website or on third party websites (e.g. Steam) describes in detail which functions and services the software provides when used in accordance with the contract. Only the respective description shall be decisive for the agreed quality of the software and its intended use. Public statements, promotions or advertisements do not represent any indication of the quality of the software programs.
(3) Our services in connection with the rental of the contractual software do not include (a) software installation or de-installation at the end of the rental period (both are to be performed by the licensee), (b) customer-specific adaptations, training, user support and other services or work beyond the rental of the contractual software described above. In particular, we do not owe any services which enable the connection and data exchange with other software, even if the software contains interfaces. Both the establishment of this connection and the services previously excluded in this paragraph or not mentioned here shall only be provided against additional payment within the framework of a separate agreement to be concluded with the customer.
(4) In particular, the following are not included in our services
a. creating backups
b. ensuring the downward compatibility of the software
c. the creation and provision of new program versions, unless this is done voluntarily, e.g. as part of a maintenance program
d. maintaining the functional scope of the software; in the event of a reduction in the functional scope, the customer shall be entitled to terminate the subscription in accordance with Steam's terms and conditions
e. a warranty on the software in whole or in part; in the event that the software is discontinued, the customer shall be entitled to terminate the subscription in accordance with Steam's terms and conditions
(5) Any access codes required for the use of the software ((hereinafter also referred to as "license keys") shall be made available to the licensee by us or by other third parties authorized to transfer them.
§ 3 Granting of rights
(1) Upon payment in full of the valid and visible fee to Steam for the subscription, the licensee shall receive the non-exclusive, non-transferable and non-sublicensable right to use the software to the extent granted in this contract, limited in time to the term of this license agreement. All software, data carriers and the user documentation provided shall be subject to retention of title and/or use shall be prohibited prior to full payment of the fee to Steam. The contractual use includes the installation as well as the loading, display and execution of the installed software.
(2) The licensee is entitled to make a backup copy of the data carrier provided to him. The licensee shall visibly affix the note "Backup Copy" and a copyright note of the manufacturer to the backup copy made.
(3) In addition, the licensee shall only be entitled to copy, edit or decompile the software if this is legally permissible and only if the necessary information is not made accessible by the software manufacturer at the licensee's request.
(4) Beyond the cases mentioned in paragraphs 1 to 3, the licensee is not entitled to duplicate the software.
(5) The licensee is not entitled to transfer the copy of the software handed over to him or her or any backup copy that may have been made to any third party. In particular, he or she is not permitted to sell, lend, rent or sub-license the software in any other way or to reproduce the software publicly or make it accessible.
(6) If the licensee violates any of the above provisions, all rights of use granted within the framework of this contract shall immediately become invalid and shall automatically revert to us. In this case, the licensee must immediately and completely cease using the software, delete all copies of the software installed on his or her systems and delete any backup copies made or hand them over to us.
(7) The above provisions shall also apply within the framework of the free trial phase as well as for the permanently free version of the software, which is available exclusively for use in the private - non-commercial - environment.
§ 4 Contractual term and termination
The rental agreement for the flyingshapes software is concluded as a subscription with a term of 30 days starting from the conclusion of the contract. A cancellation is possible for both parties at any time with a period of 10 days to the end of the respective term. Payment is made via Steam as a so-called micro transaction, after the user has agreed to this during the ordering process by clicking on "Authorize".
§ 5 Protection of the software
The licensee is obliged to take appropriate measures to protect the software from access by unauthorized third parties, in particular to store all copies of the software in a protected place.
§ 6 Liability for material defects and defects of title
(1) Technical data, specifications and performance specifications given in public statements, in particular in advertising material, shall not be deemed to be quality specifications. The functionality of the software is initially based on the description in the user documentation and the supplementary agreements made. As for the rest, the software must be suitable for the use assumed under this contract and must otherwise have a quality that is usual for software of the same type.
(2) We shall provide and maintain the software in a condition suitable for contractual use. The removal of defects shall be carried out by Steam, at our option, either by replacement delivery or by subsequent improvement, which may also take the form of a circumvention solution, as long as the contractual use is not significantly impaired. The obligation to maintain does not include the adaptation of the software to changed operating conditions and technical and functional developments, such as changes to the IT environment, in particular changes to the hardware or operating system, adaptation to the functional scope of competing products or the creation of compatibility with new data formats.
(3) The liability for damages, regardless of fault, for defects which were already present at the time of conclusion of the contract is excluded.
(4) The licensee is obliged to notify Steam of any defects in the software immediately after their discovery. When notifying material defects, this is done by describing the time of occurrence of the defects and the detailed circumstances, provided that the provisions of Steam do not establish any further prerequisites.
(5) The aforementioned rights of the licensee to maintain the software pursuant to paragraphs 2 and 4 and the other statutory defect rights shall not apply within the framework of the trial phase and within the framework of the permanently free version of the software (lending contract). Within the scope of this lending we only compensate for damage suffered as a result of our fraudulently concealing a defect in law or a defect in the software.
§ 7 Exclusion of the right to reduce the license fee
There is no right to a reduction of the license fee in the event of a defect in the software. This does not affect flyingshapes' obligation to provide and maintain the software in the contractual condition. If the licensee waives the plea of limitation, any claim to enrichment by the licensee shall also remain unaffected, even if the licensee pays without reservation.
§ 8 Liability in other respects
(1) We shall be liable for intent and gross negligence. In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper performance of the contract and on the observance of which the licensee may regularly rely, as well as in the event of damage resulting from injury to life, limb or health. Liability under the Product Liability Act and for fraudulent concealment of a defect and for a guarantee for the quality of the item or for an agreement thereon shall remain unaffected.
(2) We owe the care customary in the industry. When determining whether we are at fault, it must be taken into account that software cannot be created without technical errors.
(3) In the event of a slightly negligent breach of an obligation which is essential for achieving the purpose of the contract (cardinal obligation), our liability shall be limited in amount to the damage which is foreseeable and typical for the type of transaction in question.
(4) We shall not be liable for the loss of data and/or programs insofar as the damage is due to the fact that the licensee has failed to carry out data backups and thereby failed to ensure that lost data can be restored with reasonable effort.
(5) The above limitation of liability also applies to the personal liability of employees, representatives and organs of flyingshapes GmbH.
(6) Within the scope of the software trial phase and the permanently free version of the software, we are only responsible for intent and gross negligence. Liability for a negligent breach of an obligation under paragraph 3 is excluded.
§ 9 Trial phase and permanently free version of the software
(1) The trial phase for extensive testing of the software shall last for a period of one month and may be used for private and commercial purposes. Subsequently, it is necessary to conclude a license agreement with Steam for further use in accordance with this agreement.
(2) In addition, there is an unlimited free version of the software as long as the software is used for purely private - non-commercial - purposes.
(3) With regard to the rights of use, reference is made to § 3 paragraph 7.
(4) At the end of the free trial phase and at the end of the permanent free version of the software, the use of the software and the other services, in particular the documentation, shall cease immediately.
(5) With regard to maintenance obligations and warranty rights, reference is made to § 6 para. 5.
(6) With regard to liability in other respects, reference is made to § 8 para. 6.
§ 10 Newsletter
For the purpose of sending you newsletters and other electronic communications of an advertising nature, we require your e-mail address and, if applicable, your name for personal address. As a rule, our newsletters contain information about our services and products and accompanying information (such as error messages, change logs, safety instructions), offers and information about our company.
Double-Opt-In: The registration to our newsletter takes place over the Double-Opt-In-Procedure. After registration with your e-mail address you will receive an e-mail from us in which you will be asked to confirm your registration by clicking on a link. This confirmation is necessary in order to avoid misuse of external e-mail addresses.
If you are a consumer, electronic messages are sent on the basis of your consent in accordance with Art. 6 Para. 1 sentence 1 lit. a GDPR in conjunction with Section 7 para. 2 no. 3 of the German Unfair Competition Act or if a consent - because you are an entrepreneur - is not necessary, due to our legitimate interest in direct marketing according to Art. 6 para. 1 sentence 1 lit. f GDPR in conjunction with Section 7 para. 3 of the German Unfair Competition Act to be able to send you user-friendly and secure messages which serve our business and scientific interests as well as benefit the users of the software.
You can revoke your consent at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com. You will find a link to unsubscribe from the newsletter at the end of each newsletter.
A protocol is created for the purpose of proving consent in accordance with clause15 of the data protection information of our flyingshapes app.
§ 11 Final provisions
(1) The terms and conditions written here are complete and final. Amendments and supplements to these terms and conditions should be made in writing in order to avoid confusion or dispute between the parties over the content of the contract agreed in each case.
(2) If you were domiciled or habitually resident in Germany at the time the contract was concluded and either moved out of Germany at the time we brought the legal action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Mainz.
(3) We draw your attention to the fact that, in addition to ordinary legal action, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and on the website: ="" href="http://ec.europa.eu/consumers/odr">http://ec.europa.eu/consumers/odr
Our e-mail address is info@flyingshapes.com
In accordance with Section 36 of the German Consumer Dispute Settlement Act, we point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) These GTC shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(5) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
==============================================
Information on the processing of personal data
Hereinafter flyingshapes GmbH, Mombacher Str. 68, 55122 Mainz (also referred to as: “flyingshapes", "we" or "us") informs about the collection of personal data when using this application (also referred to as: “App").
In order to make this information about the processing of personal data more understandable, we offer you simplified summaries of the respective sections at some points in the highlighted text fields. Even though we offer you such summary, it is important and necessary that you read the only relevant information about the processing of personal data in its entirety.
Introductory remarks
1. Scope of application
2. Responsibility
3. Server
4. Personal data
5. Your rights
6. Establishment of contact
7. flyingshapes account
8. Newsletter
9. Service providers
10. Our handling of your data
11. Duration and periods of data storage
12. Evaluation of the use of the flyingshapes software
13. Recipients or categories of recipients
14. SSL-TLS encryption
15. Protocol on consents given
16. Data protection officer
17. Reservation of the right to change this information
18. Contact us
Introductory remarks
Your data and its protection are important to us. In order to show you how important it is for us that you trust us when it comes to handling your data carefully, we would like to explain here which data we process and how.
To ensure that you can use the flyingshapes App properly, it may be necessary to collect, store and process personal data (in short: processing). In doing so, we act strictly in accordance with the data protection laws.
All personal data is stored exclusively on a server based in Germany and is not passed on to third parties or transferred outside the EU.
1. Scope of application
This data protection declaration applies to this flyingshapes App and to the personal data collected through this App.
For applications and websites of other providers to which reference may be made in the App, e.g. via links, the data protection declarations of those providers shall apply exclusively.
2. Responsibility
Responsible for the processing of personal data by this App within the meaning of the EU General Data Protection Regulation (in short: “GDPR”):
flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
Managing director with power of representation: Jonas Kunze, Dr. Johannes Mattmann
E-mail: legal@flyingshapes.com
3. Server
If data processing is carried out by us, the service offered by STRATO AG, Pascalstr. 10, 10587 Berlin (the servers are located exclusively in Germany) as a technical service provider are used. An order processing agreement was concluded with STRATO AG.
STRATO AG merely provides us with the server for operating our applications (purpose) and does not receive any personal data from us. The involvement of this service provider is in our legitimate interest (Art. 6 para. 1 lit. f. GDPR) in order to present, maintain and operate our applications.
4. Personal data
Simplified summary:
Personal data is all data that can be related to you personally, e.g. name, address, e-mail address, user behavior.
According to Article 4 GDPR, personal data is any information relating to an identified or identifiable natural person; a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is considered identifiable.
5. Your rights
Simplified summary:
You can assert all your rights to:
request information
correct or delete the data
restrict data processing
lodge an appeal against the processing
withdraw your consent for processing
request data transfer to you and, if applicable, to another company
lodge a complaint to the data protection supervisory authority
Please contact us at the following address:
flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
E-Mail: legal@flyingshapes.com
Please note that the App cannot be used when deleting or restricting personal data that is absolutely necessary.
As a user of our App, you have various rights under the GDPR, in particular arising from Art. 15 to 18, 20, 21, 77 GDPR:
a. Right to information
You can request information about your personal data processed by us. In your request for information, you should specify your concern and verify yourself sufficiently to make it easier for us to compile the necessary data.
b. Right to correction
If the information concerning you is (no longer) accurate, you may request that it be corrected. If your data is incomplete, you can request that it be completed.
c. Right to deletion
You can demand the deletion of your personal data under the provisions of Art. 17 GDPR. Your right to deletion depends, among other things, on whether the data concerning you is covered by a right of retention or is still required by us to fulfill our legal obligations.
d. Right to limitation of processing
Within the framework of the provisions of Art. 18 GDPR, you have the right to demand that the processing of data concerning you be restricted.
e. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of the data concerning you. This applies in particular if we process your data out of a legitimate interest. However, we cannot always comply with this, e.g. if we are obliged to archive the data for auditing purposes in accordance with the provisions of tax law. In this case, however, the data will be blocked for further use and deleted at the end of the statutory retention period.
f. Right of revocation
If you have given us permission to process your data, you have the right to revoke this permission at any time. This does not affect the legality of the processing based on the consent until the processing is revoked.
g. Right to data transferability
You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format. If you have provided the data on the basis of consent or a contract, you have the right for us to transfer the data to a data processor named by you.
f. Right of complaint
If you are of the opinion that we have not observed data protection regulations when processing your data, you can lodge a complaint with a data protection supervisory authority which will examine your complaint.
A list of the addresses of the German data protection supervisory authorities can be found at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
6. Establishment of contact
Simplified summary:
If you contact us by yourself, we will only store your data to process your inquiry. The data will then be deleted at regular intervals if a law does not oblige us to store them.
When you contact us (e.g. by e-mail or via our contact forms in the App or on the website), only the data and messages you provide (your e-mail address, your name and any other voluntarily given information) will be stored by us in order to process your inquiry (e.g. contact request, request for advice).
We delete the data arising in connection with the establishment of contact after storage is no longer necessary, or restrict processing if there are statutory retention obligations.
The transmission of your data as a result of an inquiry is voluntary by you, so that you give your consent at the same time (legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR). In addition, we have a legitimate interest in the processing of data pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, as we wish to answer or process your inquiry. If your inquiry is aimed at the conclusion of a contract, the legal basis according to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of the data is also given.
7. flyingshapes account
In order to use the flyingshapes software, registration under a flyingshapes account is required. We use the data provided for the purpose of facilitating the use of our flyingshapes software and other offers or services that you make use of. The mandatory fields (*) requested during registration must be completely filled in. Otherwise the software cannot be used.
The following data is required for registration:
Company with address (if available)
Surname, first name*
E-mail address*
Occupation/Position (optional)
Residence / Country (optional)
The data will be processed for the following purposes:
Company, address, name, e-mail address:
Contract data (for example, subject matter of the contract, duration, customer category).
Payment data (for example, bank details, payment history)
Account management
Assignment of persons to existing rights of use to the software flyingshapes
For sending invoices and other business correspondence
To provide information regarding the software, such as updates and bugs
For notification of (e.g. technically necessary) changes
Occupation/position and residence/country (optional!):
To generate statistical information on which occupational groups use the software and, if applicable, where users are located in order to be able to carry out targeted direct marketing.
In addition, we process the contractual data of our customers, interested parties and business partners for the purpose of providing contractual performances, service and customer care, marketing, advertising and market research.
The legal basis for the processing of the data is, on the one hand, Art. 6 para. 1 lit. b GDPR "Performance of a contract" (e.g. invoices, rights of use, notifications of technical changes and errors) and, in addition, Art. 6 para. 1 lit. f. GDPR "Legitimate Interest" in the communication of advertising information regarding the software and our other services for the purpose of direct marketing.
The stored data will be processed as long as you use the software and then deleted. Statutory retention obligations remain unaffected by this provision.
You have the right to object to the processing of data on the basis of our legitimate interest at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com.
8. Newsletter
For the purpose of sending you newsletters and other electronic communications of an advertising nature, we require your e-mail address and, if applicable, your name for personal address. As a rule, our newsletters contain information about our services and products and accompanying information (such as error messages, change logs, safety instructions), offers and information about our company.
Double-Opt-In: The registration to our newsletter takes place over the Double-Opt-In-Procedure. After registration with your e-mail address you will receive an e-mail from us in which you will be asked to confirm your registration by clicking on a link. This confirmation is necessary in order to avoid misuse of external e-mail addresses.
If you are a consumer, electronic messages are sent on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Section 7 para. 2 no. 3 of the German Unfair Competition Act or if a consent - because you are an entrepreneur - is not necessary, due to our legitimate interest in direct marketing according to Art. 6 para. 1 sentence 1 lit. f GDPR in conjunction with Section 7 para. 3 of the German Unfair Competition Act to be able to send you user-friendly and secure messages which serve our business and scientific interests as well as benefit the users of the software.
You can revoke your consent at any time with effect for the future by sending an e-mail to privacy@flyingshapes.com. You will find a link to unsubscribe from the newsletter at the end of each newsletter.
A record shall be kept for the purpose of proving consent in accordance with paragraph 15.
9. Service providers
Simplified summary:
We will only pass on your data to any service providers named in this information and only with your consent. Beyond that we do not pass on any data without your consent.
If we wish to use contracted service providers for individual functions of our offer or use your data for advertising purposes, we will inform you in detail about the respective processes as described below. A passing on to other third parties does not take place without your consent.
10. Our handling of your data
Simplified summary:
We process data of you when you:
use our App
communicate with us
When using our App, the following access data is stored:
the username and user ID provided by Steam (Valve Corporation) as well as your flyingshapes user ID
the date, time and duration of use of the App,
the operating system used,
the IP address of the requesting computer,
a usage evaluation (which components of the applications are used and how often)
For reasons of data security, i.e. to clarify unauthorized access or prevent misuse of the application, the complete IP address of your computer is recorded, stored and automatically deleted 90 days after the end of access.
If you would like to use our App, we collect the above-mentioned access data - which is technically indispensable for us - in order to be able to offer you our App and to guarantee the improvement of stability, functionality and security for both sides, so that this data is collected on the basis of a justified interest on both sides (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR). This data will not be passed on to third parties.
11. Duration and periods of data storage
The data collected as part of inquiries (e.g. by e-mail) will be stored for a period of 90 days, unless we have a statutory right or an obligation to retain such data.
All deadlines begin at the end of the month in which the processing of the inquiry is completed.
In all other respects, the duration of the storage of personal data is measured on the basis of the statutory rights and obligations of retention (e.g. from commercial or tax law). After expiration of the deadline, the data will be deleted at the end of the month, unless they are necessary for the initiation, execution and termination of a contract and / or no legitimate interest on our part in the processing exists.
12. Evaluation of the use of the flyingshapes software
To enable us to constantly improve the flyingshapes software and to make it more user-friendly, as well as for the purpose of scientific research on the software, the flyingshapes software automatically evaluates the telemetry and usage data in relation to your user ID when using the software. For example, this makes it is easier to see which functions are used, when and where crashes occur and where work processes are interrupted. Altogether, this information serves the purpose of technical improvement on the basis of the data collected or the target groups. It is not our aim to observe individual users during the personal evaluation. Rather, this evaluation serves us to continuously improve the software technically, to optimize the user experience and the workflow, and to send automated, personalized recommendations for software usage in the event of difficulties in specific usage scenarios.
This evaluation is stored on the basis of your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR for the continuous improvement of the flyingshapes software and to enable user-friendly handling, technical optimization and for research purposes with the possibility of conducting individual interviews based on personal user experience.
You can revoke your consent at any time with effect for the future by sending an e-mail toprivacy@flyingshapes.com. For the revocation only the transmission costs of your chosen Internet provider can arise.
A record shall be kept for the purpose of proving consent in accordance with paragraph 15.
13. Recipients or categories of recipients
As a rule, personal data which you communicate to us about your person will only be processed by us. In order to fulfill our tasks and obligations, however, it may be necessary for us to disclose your stored personal data to natural persons and legal entities, authorities, institutions or other bodies. In particular, the following categories of recipient has to be considered:
Courts (e.g. in litigation proceedings)
Non-public sector bodies, provided that they are contract processors
Lawyers, tax consultants, notaries, auditors
14. SSL-TLS encryption
This App uses SSL or TLS encryption for data security reasons and to protect the transmission of confidential content, such as inquiries you send to us. Such encryption means that the data you transmit to us cannot be read by third parties.
15. Protocol on consents given
GDPR and other laws oblige us to be able to prove that we have received consent where required by law.
A protocol is drawn up for the purpose of proving consent in accordance with the legal requirements, such as GDPR and the German Unfair Competition Act. The data provided, the time of registration and confirmation and the IP address are stored.
The protocol of the consents is made to fulfill our statutory obligations to prove the existence of a consent according to Art. 6 para. 1 sentence 1 lit. c GDPR and in addition on the basis of our legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR to be able to provide evidence regarding your consent.
We store the protocol including the data for 3 years after the revocation of your consent. The period shall begin at the end of the year in which consent is withdrawn and the protocol shall be deleted by 31 December of the third year. This serves to be able to prove a previously given consent. A processing of the data takes place only in the context of a necessary evidence of your consent. We would also be happy to comply with your request for early deletion if you confirm your previous consent in writing with your name and e-mail address at the same time.
16. Data protection officer
The data controller must provide the contact details of his or her data protection officer, who may be appointed in accordance with Art. 37 GDPR.
According to the requirements of Art. 37 GDPR, we are currently not obliged to appoint a data protection officer.
17. Reservation of the right to change this information
Changes in the legal situation or laws may make it necessary to amend this information. We will inform you in the event of a change.
18. Contact us
If you have any questions regarding data processing or the assertion of your rights mentioned above, please contact us:
Flyingshapes GmbH
Mombacher Str. 68
55122 Mainz
E-Mail: legal@flyingshapes.com
Date: May 2019