Privacy Policy for App

Privacy policy

Status October 2022

Table of contents

  1. Identity and contact details of the data controller
  2. Contact details of the data protection officer
  3. Data processing in the Muse Player app
  4. Rights of the data subject
  5. Authorization management in the app
  6. Telemetry data
  7. Contact via Email
  8. Hosting
  9. Use of SDK's
  • Identity and contact details of the data controller
  • The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) of the European Union and other data protection regulations is:

    Senic GmbH

    Pfuelstr. 5

    10997 Berlin

    Germany

    +49 151 646 70237

    hi@senic.com

    https://senic.com/


  • Contact details of the data protection officer
  • The designated data protection officer is:

    DataCo GmbH

    Dachauer Straße 65

    80335 München

    Germany

    +49 89 7400 45840

    www.dataguard.de

  • Data processing in the Muse Player app
  • On this page we inform you about the privacy policy applicable in the Muse Player App for iOS ("App"). The App is an offer of Senic GmbH, Pfuelstr. 5, 10997 Berlin, Germany ("Senic GmbH ", "we" or "us").

    1. Scope of processing personal data

    Each time our app is called up, our system automatically collects data and information from the operating system of the calling mobile device.

    The following data is collected:

    • Crash logs
    • Speaker names
    • User agent (e.g. iPhone)
    • Information about the browser type and version used
    • The user's operating system
    • Date and time of access
    • Hash values: We don't use the bare IP address. We take a random string + IP address which gets hashed and this creates the ID which we use and store. This cannot be reversed so we have no way to deduct the IP address from the data we safe. 

    This data is stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. A storage of this data together with other personal data of the user does not take place.

    Furthermore, the following data is processed automatically when using the app:

    • Operating system
    • Country of origin
    • Device category

    The transmission of the data always takes place via an SSL / TLS secured channel.

    1. Purpose of data processing

    The processing serves to fulfill the service, to ensure the function, as well as to improve the app.

    The storage in log files is done to ensure the functionality of the app. In addition, we use the data to optimize the app and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

    1. Legal basis for data processing

    Insofar as we process your personal data for the purpose of fulfilling a contract, Art. 6 (1) (1) (b) GDPR serves as our legal basis. This also applies to processing operations that are necessary for the implementation of pre- and post-contractual measures.  

    The processing of technical data serves to protect a legitimate interest of our company to provide a functional application for users and is therefore based on Section 25 (2) TTDSG in conjunction with. Art. 6 (1) (1) (f) GDPR as the legal basis for the processing.

    1. Recipients or categories of recipients of the personal data 

    In the course of processing your personal data, we may disclose the personal data concerning you to the following recipients. We only transfer your personal data to external recipients if you have consented or if this is permitted by law. Recipients of your personal data are in particular: 

    - internal employees (e.g. software team, marketing team, product team)

    - external employees / freelancers

    - tax consultants

    - (external) quality control bodies

    1. Data deletion and duration of storage 

    We do not store your personal data for longer than is necessary for the purpose for which it was collected. This means that data in our systems is destroyed or deleted as soon as it is no longer needed. Reasonable measures are taken by us to ensure that your personal data is only processed under the following conditions:

    1. For the duration that the data is used to provide you with a service
    2. As required by applicable law, contract, or in light of our legal obligations
    3. Only as long as necessary for the purpose for which the data was collected, or longer if required by contract, applicable law, using appropriate safeguards.

    A requirement may exist in particular if the data is still needed in order to fulfill contractual services, to check and grant or ward off warranty and, if applicable, guarantee claims. If the data is no longer required for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its - temporary - retention is still necessary, in particular for the fulfillment of legal retention periods of up to ten years (including from the German Commercial Code, the German Fiscal Code and the German Money Laundering Act). In the case of statutory retention obligations, deletion is only considered after the expiry of the respective retention obligation.

    1. Objection and removal

    The user can exercise his right of objection at any time and object to the processing of his personal data by sending an email to hi@senic.com. 

    The collection of data for the provision of the app and the storage of the data in log files is mandatory for the operation of the app. The user can object to this. Whether the objection is successful is to be determined in the context of a balancing of interests.

  • Rights of the data subject
  • When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights:

    1. Right to information

    You may request the data controller to confirm whether your personal data is processed by them.

    If such processing occurs, you can request the following information from the data controller:

    • The purpose for which the personal data is processed.
    • The categories of personal data being processed.
    • The recipients or categories of recipients to whom the personal data have been or will be disclosed.
    • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.
    • The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.
    • The existence of the right to lodge a complaint with a supervisory authority.
    • Where personal data are not collected from you any available information as to their source.
    • The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

    You have the right to request information on whether your personal data will be transmitted to a third country or an international organization. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

    1. Right to rectification

    You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay

    1. Right to the restriction of processing

    You may request the restriction of the processing of your personal data under the following conditions:

    • If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.
    • The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.
    • The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
    • If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.

    If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

    If the processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.

    1. Right to erasure
    2. a) Obligation to erase

    If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:

    • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
    • You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (1) (a) and Art. 9 (2) (a) GDPR and where there is no other legal basis for processing the data.
    • According to Art. 21 (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) GDPR.
    • Your personal data has been processed unlawfully.
    • The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
    • Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
    1. b) Information to third parties

    If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

    1. c) Exceptions

    The right to deletion does not exist if the processing is necessary

    • to exercise the right to freedom of speech and information.
    • to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.
    • for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) GDPR.
    • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
    • to enforce, exercise or defend legal claims.
    1. Right to information

    If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

    You reserve the right to be informed about the recipients of your data by the data controller.

    1. Right to data portability

    You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:

    1. the processing is based on consent in accordance with Art. 6 (1) (1) (a) GDPR or Art. 9 (2) (a) GDPR or performance of a contract in accordance with Art. 6 (1) (1) (b) GDPR and
    2. the processing is done by automated means.

    In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

    The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

    1. Right to object

    For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (1) (e) or 6 (1) (1) (f) GDPR; this also applies to profiling based on these provisions.

    The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

    If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.

    If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

    Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.

    1. Right to withdraw the data protection consent declaration

    You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

    1. Automated decisions on a case-by-case basis, including profiling

    You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:

    1. is required for the conclusion or execution of a contract between you and the data controller,
    2. is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
    3. is based on your eplicit consent.

    However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.

    With regard to the cases referred to in (a) and (c), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.

    1. Right to complain to a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.

    The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

    1. Authorization management in the app
    2. Description of the permissions

    The app requires the following sharing permissions to use some features:

    • iOS
    • Access to the LAN
    1. Purpose of the permissions

    The various permissions are required for the following functions:

    • To access the LAN:
    • To find and control local speakers.

     

    1. Telemetry data
    2. Description and scope of data processing

    We collect telemetry data in our app. We implement this with the service provider Sentry (self-hosted). 

    The following personal data is processed in the course of telemetry data processing:

    • Hash values

    We don't use the bare IP address. We take a random string + IP address which gets hashed and this creates the ID which we use and store. This cannot be reversed so we have no way to deduct the IP address from the data we safe.

    1. Purpose of data processing

    The data is processed for the following purposes:

    • Troubleshooting
    1. Legal basis for data processing

    The collection of this data is based on Art. 6 (1) (1) (f) GDSPR. The app operator has a legitimate interest in the technically error-free presentation and optimization of its app - for this purpose, the server log files must be collected.

    1. Duration of storage

    Your personal information will be retained for as long as necessary to fulfill the purposes described in this Privacy Policy or as required by law.

    1. Objection and removal

    The user can object to this via email to hi@senic.vom. Whether the objection is successful is to be determined within the framework of a balancing of interests.

    VII.  Contact via Email
    1. Description and scope of data processing

    You can contact us via the email address provided on our website. In this case the personal data of the user transmitted with the email will be stored.

    The data will be used exclusively for the processing of the conversation.

    1. Purpose of data processing

    If you contact us via email, this also constitutes the necessary legitimate interest in the processing of the data.

    1. Legal basis for data processing

    The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. Our legitimate interest is to optimally answer your request that you send by e-mail.

    If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

    1. Duration of storage

    The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively resolved.

    The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

    1. Objection and removal

    If the user contacts us by email, he can object to the storage of his personal data at any time.

    In this case, all personal data stored while establishing contact will be deleted.

    VIII. Hosting

    The app is hosted on servers by a service provider contracted by us.

     

    Our service provider is:

    DigitalOcean

    101 6th Ave New York, NY 10013, USA

    The servers automatically collect and store information in so-called server log files, which the app automatically transmits during a visit. The information stored is:

    • Browser type and browser version
    • Operating system used
    • Referrer URL
    • Date and time of the server request
    • IP address

    This data is not merged with other data sources. The collection of this data is based on Art. 6 (1) (1) (f) GDPR. The app owner has a legitimate interest in the technically error-free presentation and optimization of its app - for this purpose, the server log files must be collected.

    We have concluded an data processing agreement with the relevant service provider, in which we oblige the relevant service provider to protect user data and not to disclose it to third parties.

    The location of the website's server is geographically in Germany.

     

    The use of Digital Ocean, Inc. by Senic GmbH is based on the usage agreement between Senic GmbH and Digital Ocean, Inc. Accordingly, personal data is hosted on servers of Digital Ocean, Inc. at locations within the EU/EEA. An active transfer of personal data by Senic GmbH to third countries does not take place and is not planned. However, it cannot be ruled out that Digital Ocean, Inc. may also transfer personal data to the USA. For the processing of personal data in the USA, there is no adequacy decision of the European Commission pursuant to Art. 45 GDPR. Insofar as such a transfer by Digital Ocean, Inc. takes place, it takes place on the basis of a commission processing agreement with Digital Ocean, Inc. pursuant to Art. 28 (1), (3) GDPR and guarantees in the form of the EU- Standard-Contractual_Clauses pursuant to Art. 46 (2) (c) GDPR. The text of the standard data protection clauses can be obtained from us upon request.

    1. Use of SDK´s

    Description of the use of SDKs

    We use SDKs (Software Development Kits) to provide function modules. For this purpose, the code used is embedded in the SDKs.

    Third-party libraries used:

    • iOS Platform
    • Posthog SDK

    No personal data is processed or stored in this process.

    This privacy policy was created with the support of DataGuard.