Privacy Policy

05/12/2022

The following Privacy Policy applies to the wetter.com app ("App," "Service," or "Online Service").

We are a member of the IAB Europe Transparency and Consent Framework and follow its specifications and guidelines. You can manage your consents and objections through our Consent Management Platform ("CMP") using the button at the bottom of the page.

Table of contents
1. WHO ARE WE? (CONTROLLER)

The Controller for data protection law purposes is diev wetter.com GmbH, Reichenaustraße 19a, 78467 Konstanz, Germany contact@wetter.com, hereinafter "We" or "Us." Any exceptions to this will be detailed in this Privacy Policy.

2. CONTACT DETAILS OF OUR DATA PROTECTION OFFICER

If you have any questions about this Privacy Policy or the processing of your data in general within this Online Service, please contact our Data Protection Officer: You can do this by using the information in the Contact section.

3. WHY DO WE PROCESS YOUR PERSONAL DATA, AND ON WHAT LEGAL BASIS?

Personal data means any information relating to an identified or identifiable natural person. When We process personal data, this means We may collect, store, use, transmit to others, or delete it, among other things.

We process your personal data for the following purposes and on the specified legal basis. If the legal basis for the data processing is our legitimate interest, We will also explain our legitimate interest in processing your data.

General purposes of the processing:

1. Providing this Online Service

This includes, in particular:

  • Enabling use of the App;
  • Providing a means of contacting Us and responding to inquiries received in this manner;
  • Enabling the mobile conclusion of contracts, including upfront billing.

Legal basis: contract performance

2. Consent and opt-out management in accordance with data protection legislation

Fulfillment of a legal obligation

3. Running competitions in accordance with the respective terms and conditions.

Legal basis: contract performance

4. Sending push notifications

Legal basis: consent to push notifications and legitimate interest

5. Information security

Investigating faults and ensuring system security, including detecting and tracking unauthorized access and attempted access to our web servers.

The legal basis is the fulfillment of our legal obligations to comply with data security requirements and a legitimate interest (in eliminating faults, ensuring system security, and detecting and tracking unauthorized access attempts or access).

6.Compliance with statutory retention obligations and other legal obligations (e.g., in connection with company audits).

Legal basis: compliance with our legal obligations, particularly in relation to the retention of certain information and company audits; legitimate interest (in creating the conditions for compliance with our legal obligations).

7. Safeguarding and defending our rights.

Legal basis: legitimate interest (in asserting and defending our rights).

8. The sale of all or part of the business

Legal basis: legitimate interest (in transferring customer data to the purchaser in connection with the sale of our business, which generally requires that customers have consented to a contract transfer or have not objected to such a transfer after being provided with adequate information).

Purposes of processing in connection with cookies, ad IDs, and similar technologies

This Online Service has integrated processes based on cookies and/or other ad IDs. We are a member of the IAB Europe Transparency and Consent Framework and follow its specifications and guidelines. You will find information below about the purposes for which We or our partners use cookies, ad IDs, or similar technologies. You can learn more about this in our CMP by tapping the button at the bottom of the page in the App.

1. Selecting simple ads. Ads can be shown to you based on the content you are viewing, the app you are using, your approximate location, or your device type.

The legal basis is either legitimate interest (in displaying ads that are as interesting to our users as possible and thus offer them added value) or consent (in accordance with the legal basis specified in our CMP by tapping the button at the bottom of the page in the App).

2. Creating a personalized ad profile. A profile can be created about you and your interests to show you personalized ads that are relevant to you.

The legal basis is your consent.

3. . Selecting personalized ads. Personalized ads can be shown to you based on a profile that has been created for you.

The legal basis is your consent.

4. Creating a personalized content profile. A profile can be created about you and your interests to show you personalized content that is relevant to you.

The legal basis is your consent.

5. Selecting personalized content. Personalized content can be shown to you based on a profile that has been created for you.

The legal basis is your consent.

6. Measuring ad performance. The performance and effectiveness of ads that you see or interact with can be measured.

Legitimate interest in the efficient delivery and billing of ads or your consent in accordance with the legal basis specified in our CMP by tapping the button at the bottom of the page in the App.

7. Measuring content performance. The performance and effectiveness of content that you see or interact with can be measured.

Legitimate interest in displaying content that is as interesting to our users as possible and thus offers them added value or your consent in accordance with the legal basis specified in our CMP by tapping the button at the bottom of the page in the App.

8.Using market research to gain insights into target groups. Market research can be used to learn more about the audiences who use services or apps and view ads.

Legitimate interest in understanding our target groups better and optimizing our Service, or your consent in accordance with the legal basis specified in our CMP by tapping the button at the bottom of the page in the App.

9. Developing and improving products. Your data may be used to improve existing systems and software and develop new products.

Legitimate interest in developing and improving our Service.

10. used to detect and prevent fraud and ensure that systems and processes operate correctly and securely.

Legitimate interest in ensuring security, preventing fraud, and fixing faults.

11. Technical delivery of ads or content. Your device may send and receive information required for you to view and use content and ads.

Contract performance (content delivery) or legitimate interest (in delivering ads).

12. Selecting personalized content. Combining with offline data sources. Data from offline sources may be combined with data from your online activities for one or more processing purposes or specific processing purposes. Data from your online activities may be combined with offline data to supplement one or more processing purposes or specific processing purposes.

The legal basis is your consent.

13. Linking various devices. It is possible to determine whether various devices belong to you or your household for use for one or more processing purposes.

The legal basis is your consent.

14. Receiving and using device properties sent automatically for identification. Your device can be distinguished from other devices based on the information it sends automatically, such as the IP address or browser type.

The legal basis is your consent.

15. Using exact location data. Your exact location data may be used for one or more processing purposes. This means that your precise location can be determined to within a few meters.

In theory, the App's basic functions (e.g., location-independent weather requests) still work even without the location function. If you allow the App to request your location (even in the background), in other words, to collect your mobile device's location, this data may be used for the following purposes:

  • Current weather forecast for each location
  • Marking your location on the weather maps
  • Weather alerts for the current location via push notification
  • Displaying interest-based advertising based on location (including by third parties)
  • Statistics analyses

Our legal basis for processing location data for the current weather forecast for the respective location or marking of said location on weather maps is the provision of a service. If your location data is processed for the purpose of showing you location-based ads or for statistical analysis, this is done on the basis of your consent. Besides location data, the mobile advertising identifier (MAID – a pseudonymous identifier for your mobile device) and the time when the data was collected are also used for this.

16. Actively requesting device properties for identification purposes. Your device can be identified by requesting its specific properties.

The legal basis is your consent.

4. PUSH NOTIFICATIONS AND IN-APP NOTIFICATIONS

You may receive so-called push notifications from Us even if you are not currently using the Online Service. These may include notifications We send you during the course of contract performance (for example, notification of a service outage due to maintenance work) and promotional information. You will only receive promotional information via push notification if you have expressly consented to this. You can opt out of receiving push notifications at any time via your end device settings.

5. INFORMATION ABOUT DATA PROCESSING BY APP STORE OPERATORS

You may be required to sign a user agreement with an app store operator (e.g., Google, Apple) before installing this app to access their portal (e.g., Google Play, App Store). In connection with this use, the app store operator collects and processes app store data, such as your username, email address, and individual device identifiers, as the Controller. We are not a party to the app store operator's user agreement and have no control over their data processing. The respective app store operator's privacy policy will apply in this respect.

6. WHO WILL RECEIVE MY PERSONAL DATA AND WHY?

Forwarding of data to third parties

We will only disclose your personal data to third parties where necessary for the performance of the contract, if the third party or We have a legitimate interest in the disclosure, if We have your consent, or if said disclosure is required to fulfill a legal obligation.

In particular, We may disclose personal data to a third party

  • if We are obliged to do so in a specific case by law or by an enforceable official directive or court order;
  • in connection with legal disputes (to courts or our attorneys) or company audits (to auditors);
  • in connection with possible criminal acts, to the relevant investigating authorities;
  • if the company is sold (to the buyer).

Where data is regularly sent to other third parties, this will be outlined in this Privacy Policy. Where data is forwarded based on your consent, the details may also be provided at the time of consent.

Forwarding of data to service providers

We reserve the right to use service providers to collect or process data. We only give service providers the personal data that they need to complete their specific activities. For example, your email address may be forwarded to a service provider so they can deliver a newsletter you requested. Service providers may also be engaged to provide server capacity. Service providers are generally commissioned as so-called processors, who are only permitted to process the personal data of users of this Online Service in accordance with our instructions.

If service providers are not already named in this Privacy Policy, this relates to the following categories of service provider:

  • IT service provider (hosting), EU
  • Customer support (email), USA
7. WHEN DO WE TRANSFER DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA?

We also disclose personal data to third parties or processors with registered offices in non-EEA countries. In this case, We ensure that either an adequate level of data protection exists in the recipient's country (e.g., on the basis of an EU Commission Adequacy Decision for the respective country in accordance with Article 45 of the General Data Protection Regulation (GDPR) or an agreement with the recipient concerning the European Commission's so-called EU standard contractual clauses pursuant to Article 46 of the GDPR) or that our users have granted their express consent before the transfer.

This applies to third parties and processors in the following countries: the United States, Canada, and Israel.

8. HOW LONG WILL WE KEEP YOUR DATA?

We will keep your data for as long as it is required to deliver our Online Service and all related services or as long as We have a legitimate interest in continuing to keep it. In all other cases, We will delete your personal data, except data that We are required to keep for longer to comply with legal (e.g., under tax or commercial law) retention requirements (e.g., invoices).

We will block data that is subject to a retention period until the end of the period in question.

The following retention periods, in particular, apply to personal data processed within the framework of this Online Service:

Log files: 7-10 days

Information about how long cookies or ad IDs and similar technologies are stored can also be found in the relevant notices and the CMP.

9. ARE YOU REQUIRED TO PROVIDE US WITH PERSONAL DATA?

In principle, you are under no obligation to provide Us with your personal data. However, certain features of this Online Service, such as registration or participation in a competition, may require the provision of personal data. We will inform you where this is the case. Mandatory fields are usually marked with *. Unfortunately, you will be unable to use these features if you do not wish to provide Us with the required data.

10. DATA PROCESSING BY CREDIT INSTITUTIONS AND PAYMENT SERVICE PROVIDERS; MANAGEMENT OF RECEIVABLES

We use external payment service providers. Depending on which payment method you select during the order process, We will forward the data collected (e.g., bank details or credit card data) to process your payment to the relevant credit institution or the payment service providers commissioned by Us. Sometimes, the payment service providers may also collect this data themselves. This is the case, for example, when you make in-app purchases through an app store operator. The respective payment service provider's or app store operator's privacy policy will apply in this respect.

11. LOG FILES

Whenever you use an online service, certain information is automatically transmitted by your end device and is stored by Us for the purpose of detecting faults and for security reasons (e.g., investigating attempted attacks), before being deleted. Log files that need to be kept for evidence purposes will be exempt from deletion until the incident is resolved in full. They may be passed on to investigative authorities in individual cases.

The following information is stored in log files in particular:

  • the IP address (Internet Protocol address) of the end device used to access the Online Service;
  • the URL of the website from which the Online Service was accessed (the so-called origin or referrer URL);
  • the name of the service provider through which the Online Service was accessed;
  • the name of the files or information accessed;
  • the date, time, and duration of the visit;
  • the volume of data transmitted;
  • the operating system and information about the end device used; and
  • the HTTP status code (e.g. "Request successful" or "Requested file not found").
12. YOUR RIGHTS (DATA SUBJECT'S RIGHTS)

How can you exercise your rights?

To exercise your rights, please use the information provided in the Contact section. When doing so, please ensure that We can clearly identify you.

You can change your cookie and/or ad ID settings and the data processing based on them at any time in our CMP by tapping the button at the bottom of the page in the App.

Your right to access and rectification

You have the right to ask Us to confirm whether We process your personal data, and you have the right to access any such data processed by Us. If your data is inaccurate or incomplete, you can ask for your data to be rectified or completed. If We have forwarded your data to third parties, We will inform them about the rectification where required by law.

Your right to erasure

If the legal requirements are met, you may ask Us to delete your data without undue delay. This will be the case in particular, where

  • your personal data is no longer required for the purpose for which it was collected;
  • the sole legal basis for the processing was your consent, which you have revoked;
  • you have objected to the processing of your data for advertising purposes ("objection to advertising");
  • you have objected to processing on the legal basis of legitimate interest for personal reasons, and We are unable to demonstrate that there are overriding legitimate grounds for the processing;
  • your personal data has been unlawfully processed; or
  • your personal data needs to be erased to comply with legal requirements.

If We have forwarded your data to third parties, We will inform them about the erasure where required by law.

Please note that your right to erasure is subject to certain restrictions. For example, We are not required or permitted to delete data that We are obliged to keep due to statutory retention periods. Data that We require to assert, exercise, or defend legal claims is also excluded from your right to erasure.

Right to restriction of processing

If the legal requirements are met, you may ask Us to restrict the processing of your data. This will be the case in particular, where

  • you dispute the accuracy of your personal data, until We have been able to verify its accuracy;
  • the processing is unlawful, and you request restriction of use (see previous section for more information on this) rather than erasure;
  • We no longer require your data for processing reasons, but you need it to assert, exercise, or defend your legal rights;
  • you have objected to processing on personal grounds, until it is determined whether your interests are overriding.

Where a right to restriction of processing exists, We will mark the data in question to ensure that it is only processed within the strict constraints that apply to such restricted data (namely, to defend legal claims or with your consent).

Right to data portability

You are entitled to receive the personal data you provided Us with to fulfill the contract, or on the basis of consent, in a transferable format. In this scenario, you may also ask Us to transmit this data to a third party directly where this is technically feasible.

Right to object

If you have granted Us consent to process your data, you may revoke this at any time in our CMP with immediate effect for the future. This will not affect the legality of any processing of your data performed before you revoked your consent.

Your right to object to direct marketing

You may also object to the processing of your personal data for advertising purposes ("objection to advertising") at any time. Please bear in mind that there may be an overlap between you revoking your consent and your data being used in an ongoing campaign for organizational reasons.

Your right to object on personal grounds

You have the right to object to our processing of your data on grounds relating to your particular situation where this is performed on the legal basis of legitimate interest. We will then stop processing your data unless We can demonstrate compelling legitimate grounds for the continued processing that override your rights in accordance with the legal requirements.

Right to lodge a complaint

You have the right to lodge a complaint with a data protection authority. In particular, you can contact the data protection authority responsible for your place of residence, your federal state, or the location where the data protection law violation occurred. Alternatively, you may also contact the data protection authority responsible for Us.

13. CONTACT

For further information and suggestions regarding data protection, please contact Us or our Data Protection Officer at datenschutz@wetter.com.

You can also contact Us at:

wetter.com Gmbh, Reichenaustr. 19a, 78467 Konstanz, Germany