Privacy Notices for the Use of the SaleSphere App Provided by SaleSphere GmbH – for Android, iOS and Windows (“Data Privacy Statement”)

The protection of your personal data is of utmost importance for SaleSphere GmbH, Wahlerstrasse 2, 40472 Dusseldorf, Germany (“SaleSphere”). For this reason, it goes without saying that we comply with the provisions of the General Data Protection Regulation of the European Union (“GDPR”) and the Federal Data Protection Act (Bundesdatenschutzgesetz – “BDSG”). It is important for us to inform you which personal data will be processed by the App and which configuration options you have in the course of the process. This Data Privacy Statement provides you with the answers to the most important questions.

Section 1.1 Name and Address of the Controller

The controller within the meaning of the GDPR is:
SaleSphere GmbH
Wahlerstrasse 2
D-40472 Dusseldorf
Germany
Phone: +49 (211) 78 17 80-0
E-mail: support@salesphere.com

Section 1.2 Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is:
Dagmar Schmälter
Wanheimer Straße 66
40472 Düsseldorf
Germany
Phone.: 492117817800
Email: datenschutz@mvise.de

Section 2 Definitions

(1) “SaleSphere Website” refers to the marketing website of SaleSphere at the Internet address www.salesphere.com.
(2) “SaleSphere App” refers to the App under Android and iOS which is connected to the SaleSphere Back End via login.
(3) “SaleSphere Back End” refers to the management of the customer-related product data (customer name).

Section 3 Data Processing by SaleSphere

(1) By downloading, accessing or registering to the SaleSphere App (“SaleSphere App”) or by using or downloading its contents, you give your consent to this Data Privacy Statement.
(2) In order to be able to use the SaleSphere App for Android, iOS and Windows devices, you need a Google or Apple or Microsoft account provided by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, USA, or by the Apple Inc., Cupertino, California, USA or by Microsoft Corporation, Redmond, USA. In this regard, the privacy policy of Google Inc. and Apple Inc. and Microsoft Corporation apply, available at: https://policies.google.com/privacy?hl=en&gl=de and https://www.apple.com/legal/privacy/en-ww/ and https://privacy.microsoft.com by means of these accounts you are able to obtain the App.
(3) In case you use the trial version of the SaleSphere App, the use of the SaleSphere App will be limited to the validity period of the trial version. Any data you uploaded to the SaleSphere App will be automatically deleted after the trial period has expired, unless you have purchased the permanent SaleSphere App.
(4) For the permanent retrieval of content from the SaleSphere App and the permanent storage of your data on the SaleSphere Back End, you need to purchase a license for the use of the SaleSphere App. If you download the SaleSphere App without having purchased a SaleSphere App license beforehand, you can only view selected contents. In case you are already a SaleSphere customer, you can log in with your user ID/password and use the SaleSphere App content after having entered your PIN.
(5) In case you purchase a subscription by means of the SaleSphere App (In App Purchase), Apple Inc. or Google Inc. will create a unique subscriber ID for you and SaleSphere. By means of this ID, Apple Inc. or Google Inc. will provide you with SaleSphere reports containing information about the subscription you have purchased and the country in which you reside. In case you cancel all your subscriptions at SaleSphere, Apple Inc. or Google will reset the subscriber ID after 180 days, unless you purchase the subscription again. Such information will be transmitted to SaleSphere, in order that SaleSphere has an overview of the status of your subscriptions. For this purpose, SaleSphere will process the data provided by Apple Inc. or Google Inc. The legal basis for this process is Art. 6 (1) (b) GDPR.

Section 4 Which Data is Collected During Registration and How is it Used?

(1) Data or data categories:
(a) Customer name (a unique name of the customer-specific SaleSphere Back End).
(b) Optional, insofar as you state such data in a voluntary manner, your customer data, i.e. name, first name, address, and phone number, if provided.
(c) E-mail address as user name.
(d) Password.
(e) Company name.
(f) Licenses needed.
(g) Before submitting the registration, you must have confirmed the terms of use and have given your consent to the receipt of a validation e-mail.
(h) To complete the registration, you will have to confirm the privacy policy and a validation e-mail and set a password.
(i) Insofar as you order the newsletter by giving your consent, you will have to confirm the declaration of consent and a validation e-mail (double opt-in).
(j) In a next step, a personal SaleSphere Back End will be created for the user, to which the user can upload his/her product data and invite new users.

(2) Data subjects:
(a) Potential buyers with an interest in our range of services;
(b) Our customers.
(3) Purpose:
(a) Establishment, execution or termination of a legal transaction or similar obligation with the data subject;
(b) Prevention of fake accounts;
(c) Ensuring appropriate security of the personal data and protection against access by unauthorized third parties.

(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.

(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data processed during the registration process in order to fulfil a contract or to carry out pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.

(6) Legal basis:
Insofar as the processing of your personal data is necessary for the processing of legal transactions or obligations similar to legal transactions, the legal basis for the processing of personal data upon registration is Art. 6 (1) (b) GDPR. Insofar as you have given your consent to the processing of his or her personal data, Art. 6 (1) (a) GDPR is the legal basis for the processing of personal data.

Section 5 Which Data is Collected in the SaleSphere Back End and How is it Used?

(1) Data or data categories:
(a) Product data, product name, product description;
(b) Digital documents (e.g. product images, product descriptions, PDFs, videos, images, etc.);
(c) Our customers;
(d) Subscriber ID issued by Apple Inc. in case of in-app purchases and reports containing information about the subscription purchased by the customer and the country in which the customer resides.

(2) Data subjects:
(a) Our customers;
(b) Employees of our customers.

(3) Purpose:
(a) Storage in a database;
(b) Protection against access by third parties;
(c) Central upload of the customer’s product data;
(d) Invitation of further users;
(e) Management of the customer’s subscriptions purchased by means of an in-app purchase.

(4) Recipients of the data or categories of recipients:
(a) Internal departments of SaleSphere and its employees;
(b) Cooperation and distribution partners;
(c) Technical services, to the extent necessary for the contractual relationship;
(d) Public authorities within the scope of overriding legal obligations.

(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. With regard to the data stored in the SaleSphere Back End, this is the case as soon it is no longer required for the execution of the contract or for necessary measures prior to entering into a contract; Even after conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.
You can delete the data you have uploaded in the Back End from the Back End at any time.

(6) Legal basis:
Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data in the Back End. Insofar as you have given your consent to the processing of personal data, Art. 6 (1) (a) GDPR serves as the legal basis.

Section 6 Which Data is Collected in the SaleSphere App and How is it Used?

After having logged in with the registration data on a client (Android or iOS) of the SaleSphere App, the customer can synchronize the product data with the Back End. Thus, the customer has access to the current information stored in the Back End. The complete content can also be downloaded to the client and must then be updated manually or automatically, if required. An update without an Internet connection is impossible. A separate device ID is generated for each of your devices. This may change in case of a reinstallation of the concerned device.

(1) Data or data categories:
(a) As set forth in section 4 (1) and section 5 (1);
(b) Host name of the accessing terminal (IP address);
(c) Date and time of the request;
(d) Transferred data volume, client type and version and the operating system used;
(e) First login;
(f) Last login;
(g) Data volume stored in the SaleSphere Back End;
(h) Number of users per user customer;
(i) Reporting of errors.

(2) Data subjects:
As set forth in section 4 (2) and section 5 (2).

(3) Purpose
(a) As set forth in section 4 (3) and section 5 (3);
(b) Synchronization of product data with the Back End.

(4) Recipients of the Data or Categories of Recipients
As set forth in section 4 (4) and section 5 (4).

(5) Duration of storage:
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In case of data stored in the SaleSphere App for the fulfilment of a contract or for the purpose of the performance of pre-contractual measures, the data will be deleted as soon it is no longer required for the execution of the contract. Even after the conclusion of the contract, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations.

(6) Legal basis:
In case you have given your consent to the processing of your personal data, Art. 6 (1) (a) GDPR serves as our legal basis. In other respects, Art. 6 (1) (f) GDPR is the legal basis for the processing. Our interest lies in the provision of a functional App and in protecting our users from unauthorized access by third parties. Insofar as the processing is necessary for the performance of a contract or of obligations similar to legal transactions, Art. 6 (1) (b) GDPR is the legal basis for the processing of personal data.

Section 7 Information on the Use of Google Firebase

We use Google Firebase, an analysis service of Google Inc. (Google). It is a real-time database by means of which we can embed real-time information into our own website and evaluate user data. The data will be transmitted to Google in an anonymous manner. We use the Google Firebase to evaluate user behaviour and, in a next step, to increase the user-friendliness and the efficiency of our app. Google Firebase is used only with your prior consent. If you do not give your prior consent to the use of Google Firebase, none of your personal data will be processed for analytical purposes and no data will be transmitted to Google. After we have obtained your consent, the legal basis for the use of Google Firebase is Art. 6 (1) (a) GDPR. You may withdraw your prior consent to the processing of your personal data by Google Firebase at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal. For more information about how Google Firebase processes your personal information, please visit: https://firebase.google.com/support/privacy/.

Section 8 Data Transmission Only Within the EU

Your data is only processed within the European Union. At present, a transmission of your personal data to third countries is neither carried out nor planned.

Section 9 Transmission of Your Data to Third Parties

In certain cases, e. g. in case of a corresponding court order, we are legally obliged to transmit data to a requesting governmental authority or a third party. Beyond that, we do not transfer any data to third parties unless you have given your express consent.

Recipients of the data may be our parent company mVISE AG and its subsidiaries in order to offer customized solutions to our customers, as well as technical service providers who act as processors for the operation and maintenance of our app.

Section 10 Your Rights

If your personal data are processed, you are a data subject within the meaning of the GDPR. You, as the data subject, have the following rights against us as the controller:

(1) You have the right to request information as to whether and which personal data we process with regard to your person.
(2) You have the right to request rectification and erasure of such data.
(3) You have the right to a restriction of the processing of your personal data.
(4) You also have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This does not apply if we are obliged or entitled by law to collect, process or use this data.
(5) Furthermore, as a matter of principle, you have the right to withdraw your prior consent to the collection, processing and use of your personal data at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
(6) Besides, you also have a right to data portability.
(7) To exercise your rights or to request information and/or explanations on your rights, please contact our Data Protection Officer by e-mail via [datenschutz@mvise.de] or by letter to SaleSphere GmbH, by adding “FAO the Data Protection Officer”, Wahlerstrasse 2, D-40472 Dusseldorf.
(8) In addition, you have the right to lodge a complaint with a supervisory authority about the processing of your personal data by us.

Section 11 Data Security

We use technical and organizational security measures to protect your personal data held by us against any and all accidental or intentional manipulation, loss, destruction or against access by unauthorized persons. Our security measures are continuously improved in line with technological developments.

Section 12 Amendment of the Privacy Policy

We may change this Privacy Policy at any time by publishing the amended terms and conditions. We will notify you in due time in case of significant changes, e.g. within the scope of software updates.

Section 13 About us / Contact Details

(1) Controller: SaleSphere GmbH, Wahlerstrasse 2, D-40472 Dusseldorf
(2) Represented by: Cedric Balzar, Managing Director
(3) Register entry: Local court of Dusseldorf, registration no. HRB 76714, registered office of the company: Düsseldorf
(4) VAT identification number: DE 282248341
(5) Contact:
(a) E-mail: support@salesphere.com
(b) Phone: +49 (211) 78 17 800
(c) Fax: +49 (211) 78 17 8078

Version 12.03.2020