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Privacy Notice – App

The protection of your personal data (hereinafter also referred to as “data”) is very important to us. We therefore process your personal data in our app “Werner Frische” exclusively in accordance with the applicable data protection regulations.

1. Name and contact details of the controller

The controller within the meaning of the General Data Protection Regulation (hereinafter “GDPR”), other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Werner KG, Kirchweg 6, 21717 Deinste, Germany

Legally represented by the personally liable partner: Christoph Werner

Tel: 0 41 49 – 93 48 4 -0
Fax: 0 41 49 – 93 48 4 -20
E-mail: hallo@werner-frische.de
L
egal notice: https://www.werner-frische.de/kontakt/impressum/

2. Contact details of the Data Protection Officer

You can reach our Data Protection Officer using the following contact details:

Volker Weinhard
XMSplus
Alter Marktplatz 8
21720 Steinkirchen, Germany
Telephone: +49 (0) 4142 / 909 969 -0
E-mail: datenschutz@xmsplus.de

3. Overview of processing activities

The following overview summarises the purposes for which personal data are processed, the categories of personal data, the categories of data subjects and the legal bases. Details of the individual processing activities can be found in the further sections of this privacy policy:

Purposes for which the personal data are processed:

  • Maintaining the operation, security and further development of the app
  • Provision of contractual services
  • Clarification of queries
  • Issuing birthday coupons
  • Presenting coupons or similar offers based on preferences
  • Documentation of top-ups
  • Documentation of purchases
  • Selection of the nearest branch and improvement of the user experience
  • Contact option for feedback / support
  • Documentation of orders
  • Improvement of our products and services
  • Improvement of our products, services and the app
  • Direct marketing via push notification
  • Sending e-mails

Categories of personal data:

  • Usage data (current status of the subpage accessed, shopping basket)
  • Meta and communication data (IP address, installation ID)
  • Title, first name, surname, e-mail address, password, date of birth, preferences, points collected, credit balance, location, IP address and token, purchase history, top-up history, message content including images
  • Master data (e.g. first name, surname, date of birth, preferences, points collected, credit balance)
  • Contact data (e.g. e-mail address)
  • Order data (e.g. order history)
  • Camera data
  • Payment data (e.g. bank details, payment history, e-mail address)
  • Contract data (e.g. subject matter of the contract)
  • Rating information, customer card number
  • E-mail address, e-mail content

Categories of data subjects:

  • App users
  • Customers

Legal bases:

  • Consent (Art. 6(1)(a) GDPR): The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  • Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR): Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  • Legitimate interests (Art. 6(1)(f) GDPR): Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

4. Processing activities in detail

In this section, we describe the processing activities in detail.

a) Provision of the app

We process your personal data when you use our app. Depending on the functionality used, different personal data are processed. The details are described in the further information on the individual processing activities.

As a general rule, we process your usage data as well as meta and communication data solely to provide the app and to monitor its security and further development. The data are processed on the basis of our legitimate interests in maintaining the operation, security and further development of the app. If you wish to use the full range of functions, you need to create a user account. This requires you to enter further data (see section 4. b)). There are also further functionalities (see section 4. c) et seq.).

Depending on the scope of use, you may need to grant device permissions to access functions and data on your smartphone. These permissions must always be granted by you and can be revoked by you at any time in your smartphone’s settings.

  • Purposes of processing: Maintaining the operation, security and further development of the app
  • Categories of personal data: Usage data (current status of the subpage accessed, shopping basket), meta and communication data (IP address, installation ID)
  • Categories of data subjects: App users
  • Legal bases: Legitimate interests (Art. 6(1)(f) GDPR)

b) User account

You can create a user account. During registration, you must provide the required mandatory information. This is processed for the purpose of providing the user account on the basis of the performance of a contract. In addition to the mandatory information, there is optional information (title, date of birth and telephone number) that you can provide voluntarily. We use your title and telephone number for any queries regarding orders. We use your date of birth to provide you with coupons for your birthday. We process this optional information on the basis of your consent, given by entering the information.

To activate your e-mail address for the first time, you must click on a link in an e-mail. When you access the activation web page, your IP address and a token for identifying you are processed.

You can also use your phone’s biometric methods to log in to the app. For this purpose, a system function of the phone is used. Our app only receives information from the smartphone as to whether the verification of the biometric features was successful. We do not process any personal data in this context. You can deactivate the use of biometric methods at any time.

As part of the user account, a customer card is automatically created for you, which you can show to us digitally. With this customer card, you can collect points when shopping with us and exchange them for items. You can also load credit onto your customer card in order to pay with this credit in our shop or in the app. Your top-ups are stored under “Customer card balance”. We also process these data on the basis of the performance of a contract. These data are deleted when the user account is deleted, unless statutory retention obligations prevent this.

If you present your customer card when making a purchase in a branch, a digital receipt is stored under “My invoices”. These data are deleted when the user account is deleted, unless statutory retention obligations prevent this.

After creating a user account, you also have the option of indicating which topics or products you are interested in (preferences). This enables us to provide you with targeted coupons or similar offers for these topics or products. You can edit your preferences at any time in the settings. We process the information on your preferences on the basis of your consent, given by selecting your preferences.

You can also select your preferred branch. When selecting a branch, your location is used, provided you have granted the relevant permission, to show you the nearest branch and thereby improve your user experience. We process your location data on the basis of your consent, given by granting the permission.

If you forget your password, you can use the “Forgot password?” function in the app. You will receive a link by e-mail that you can use to reset your password. When you access this web page, we process your IP address and a token required to identify you.

You can send us a message via the “Feedback / Support” function. In addition to text, you can also attach images. Data processing in this context only takes place at your request.

We also process the data generated when creating a user account in order to produce anonymous usage statistics. It is not possible to draw conclusions about individual customers from these statistics. The processing is based on our legitimate interest in improving our products and services.

If you delete your user account, the data stored in the user account will be deleted, subject to any statutory permission or obligation or your consent to the contrary.

  • Purposes of processing: Provision of contractual services; clarification of queries; issuing birthday coupons; presenting coupons or similar offers based on preferences; documentation of top-ups; documentation of purchases; selection of the nearest branch and improvement of the user experience; contact option for feedback / support; improvement of our products and services.
  • Categories of personal data: Title, first name, surname, e-mail address, password, date of birth, preferences, points collected, credit balance, location, IP address and token, purchase history, top-up history, message content including images
  • Categories of data subjects: App users
  • Legal bases: Consent (Art. 6(1)(a) GDPR), performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR), legitimate interests (Art. 6(1)(f) GDPR)
  • Withdrawal of consent: You can withdraw your consent to the processing of the optional information you have provided at any time. To do so, you can either remove the information from your data in the settings or send us an e-mail. You can also remove any permissions granted in your smartphone’s settings.

c) Orders

In the app, you can order products (direct purchase, pre-order or ordering at your table). To do so, you must first create a user account. When ordering, you must select the desired products and, where applicable, provide information on the pick-up location and time. Payment is made directly in the app using the credit in your user account or another payment method.

We process the data generated in connection with the order in order to enable you to place the order, including payment and, where applicable, delivery. Where this is necessary for the order, we use service providers, for example for payment processing or the delivery of products.

The data generated in connection with the order are stored in your user account, creating an order history. These data are deleted when the user account is deleted, unless statutory retention obligations prevent this. In addition, an invoice for each order is stored in the app under “My invoices”.

For orders at your table, access to your camera is required so that you can scan a QR code. Before first use, you will be asked to grant the relevant device permission for camera access. We process your camera data on the basis of your consent, given by granting the permission.

We also process the data generated in connection with orders in order to produce anonymous usage statistics. It is not possible to draw conclusions about individual customers from these statistics. The processing is based on our legitimate interest in improving our products and services.

  • Purposes of processing: Provision of contractual services; documentation of orders; improvement of our products and services
  • Categories of personal data: Master data (e.g. first name, surname), payment data (e.g. e-mail address), contact data (e.g. e-mail address), order data (e.g. order history), camera data
  • Categories of data subjects: Customers
  • Legal bases: Consent (Art. 6(1)(a) GDPR), performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR), legitimate interests (Art. 6(1)(f) GDPR)
  • Withdrawal of consent: You can withdraw your consent to the use of the camera by removing the permission granted in your smartphone’s settings.

d) Payment methods

To top up your credit account or to make payments during an order, we use a service provider, Nexi Germany GmbH, Helfmann-Park 7, 65760 Eschborn, Germany (“Nexi Germany”).

Nexi Germany regularly processes master data (e.g. first name, surname), bank data (e.g. account number, credit card number) and the payment-relevant data resulting from the order. The payment-relevant data are processed exclusively by Nexi Germany and remain there. We only receive confirmation as to whether or not a payment was successful.

The general terms and conditions and the privacy notice of Nexi Germany apply to the execution of payments. You can access the Nexi Germany website here: https://www.nexi.de

  • Purposes of processing: Provision of contractual services
  • Categories of personal data: Master data (e.g. first name, surname), payment data (e.g. bank details, payment history), contract data (e.g. subject matter of the contract)
  • Categories of data subjects: Customers
  • Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR)

e) Ratings

When using the app, you can submit ratings. These ratings allow you to give us feedback on various aspects. You can award between one and five stars for different aspects.

The rating is stored in the system and linked to your customer card number.

The rating information is processed on the one hand on the basis of your consent, given by submitting the rating, and on the other hand on the basis of our legitimate interest in improving our products, services and the app.

  • Purposes of processing: Improvement of our products, services and the app
  • Categories of personal data: Rating information, customer card number
  • Categories of data subjects: App users
  • Legal bases: Consent (Art. 6(1)(a) GDPR), legitimate interests (Art. 6(1)(f) GDPR)
  • Withdrawal of consent: You can withdraw your consent to the processing of the rating you have submitted at any time. To do so, please send us an e-mail.

f) Push notifications

We send push notifications with product, coupon or similar information. These push notifications are sent on the basis of your express consent.

To receive push notifications, you must activate the desired notifications in the settings. The setting you choose is stored in your user account. As soon as you deactivate push notifications, you will no longer receive them.

Push notifications are technically implemented via the “Firebase Cloud Messaging” service from Google. In the European Economic Area (EEA) and Switzerland, this service is provided by Google Ireland Limited, registered and operated under Irish law (registration number: 368047 / VAT ID No.: IE6388047V), Gordon House, Barrow Street, Dublin 4, Ireland. Firebase uses a so-called instance ID, which is made up of the app identifier and the device identifier. This instance ID is used to send you the push notifications you have requested. The Firebase servers cannot draw any conclusions about users’ requests or determine any other data relating to a person. Firebase merely acts as a transmitter. Details on data protection can be found here: https://firebase.google.com/support/privacy?hl=de and https://business.safety.google/privacy/

  • Purposes of processing: Direct marketing via push notification
  • Categories of personal data: Meta and communication data (IP address, installation ID)
  • Categories of data subjects: App users
  • Legal bases: Consent (Art. 6(1)(a) GDPR)
  • Withdrawal of consent: You can withdraw your consent to the processing at any time. To do so, you can deactivate push notifications in the settings.

g) Sending e-mails

In connection with the use of the app and the placing of orders, we send various e-mails (e.g. activation e-mail, order confirmations, etc.).

To send these e-mails, we use the service provider Mailjet GmbH, Alt-Moabit 2, 10557 Berlin, Germany. You can access the service provider’s website here: https://www.mailjet.de. Its privacy policy is available at: https://www.mailjet.com/de/rechtliches/datenschutzerklaerung. We use this service provider on the basis of our legitimate interest in not having to operate our own e-mail service and keep it technically up to date.

  • Purposes of processing: Sending e-mails
  • Categories of personal data: E-mail address, e-mail content
  • Categories of data subjects: App users, customers
  • Legal bases: Legitimate interests (Art. 6(1)(f) GDPR)

5. Categories of recipients of the data

In the course of the processing activities described above, we work with various service providers who may receive personal data in individual cases. Specifically, these are the following categories of possible recipients:

  • IT service providers
  • Payment service providers
  • Shipping service providers

Your personal data will only be transferred to third parties if

  • you have given your express consent to this (Art. 6(1)(a) GDPR)
  • the disclosure is legally permissible and necessary for the performance of contractual relationships with you (Art. 6(1)(b) GDPR)
  • there is a legal obligation to disclose the data (Art. 6(1)(c) GDPR)
  • the disclosure is necessary for the establishment, exercise or defence of legal claims, or we otherwise have a legitimate interest and there is no reason to assume that you have an overriding interest worthy of protection in your data not being disclosed (Art. 6(1)(f) GDPR).

6. Transfers to third countries

If we process your data in a third country (i.e. outside the European Union [EU] or the European Economic Area [EEA]) ourselves or have it processed by a service provider, we always comply with the statutory requirements.

Unless you have expressly consented to the transfer, or the transfer is necessary for the performance of a contract or required by law, we only transfer data to a third country if that country offers an adequate level of protection (adequacy decision of the EU Commission) or if appropriate and suitable safeguards (e.g. EU standard contractual clauses or binding corporate rules) are in place (cf. Art. 44 to 49 GDPR; information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de). Copies of any safeguards can be requested from the controller named in section 1.

7. Erasure of data

We erase the personal data we process once storage is no longer necessary. Storage is no longer necessary in particular if consent is withdrawn or other legal grounds cease to apply (e.g. if the purpose of the processing no longer applies or if the processing is no longer necessary for that purpose).

Alternatively, we restrict processing if statutory retention obligations (e.g. under commercial or tax law) or retention rights exist.

This privacy policy may contain more detailed information on the storage period and erasure of personal data for the individual processing activities. Such information always takes precedence over the general statements.

8. Rights of data subjects

You have the following rights with regard to the personal data concerning you:

  • Right to object (Art. 21 GDPR): You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
  • Right to withdraw consent (pursuant to Art. 7(3) GDPR): You may withdraw any consent you have given to the processing of personal data, in whole or in part, at any time. The withdrawal does not affect the lawfulness of processing carried out before the withdrawal. The withdrawal only means that we may no longer continue the data processing based on this consent in the future.
  • Right of access (pursuant to Art. 15 GDPR): You can request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the categories of personal data that are or have been processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the envisaged storage period, the existence of a right to rectification, erasure or restriction of processing or a right to object, the existence of a right to lodge a complaint with a supervisory authority, the source of your data if they were not collected by us, and the existence of automated decision-making, including profiling, and, where applicable, meaningful information about the logic involved and the significance and envisaged consequences of such processing for you.
  • Right to rectification (pursuant to Art. 16 GDPR): You can request without undue delay the rectification of inaccurate personal data concerning you or the completion of your personal data stored by us if they are incomplete.
  • Right to erasure (pursuant to Art. 17 GDPR): You can request the erasure of your personal data stored by us. This does not apply if the processing of your data is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.
  • Right to restriction of processing (pursuant to Art. 18 GDPR): You can request the restriction of the processing of your personal data. This applies if you contest the accuracy of the data, if the processing is unlawful but you oppose the erasure of the data and request the restriction of their use instead, if we no longer need the data but you require them for the establishment, exercise or defence of legal claims, or if you have objected to the processing pursuant to Art. 21(1) GDPR.
  • Right to data portability (pursuant to Art. 20 GDPR): You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to request that they be transmitted to another controller.
  • Right to lodge a complaint (pursuant to Art. 77 GDPR): Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

9. Data security

To ensure a level of protection appropriate to the risk, we take appropriate technical and organisational measures, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

10. Status and updates of this privacy policy

This privacy policy is dated November 2024. We reserve the right to update this privacy policy in due course in order to improve and/or adapt data protection.

Last updated: November 2024