Flexudy App Privacy Statement

Last update: 2019-07-01

With this data protection declaration, we inform you which personal data we collect within the scope of your use of the Flexudy App for iOS and Android and for which purpose the data is used.

You can retrieve this information at any time at https://Flexudy.com/legal .

1. responsible place/contact

Responsible body in the sense of the data protection laws is:

Quirin Malcherzyk, Pascal Zoleko

FAU Erlangen-Nürnberg
Projekt: Flexudy

Lehrstuhl für Wirtschaftsinformatik,
insb. Innovation und Wertschöpfung
Lange Gasse 20
90403 Nürnberg

If you have any questions or suggestions regarding data protection, please feel free to contact us by e-mail at the following address: info@Flexudy.com.

2. subject of data protection

The subject of data protection is personal data. According to Art. 4 No. 1 DSGVO, this includes all information relating to an identified or identifiable natural person; this includes, for example, names or identification numbers.

3. support requests

When you contact our support, we collect and store the personal data you provide for the purpose of processing your request. You are not obliged to provide personal data when submitting your request and are welcome to contact us under a pseudonym.

We will store your support requests for a period of 120 days after your request has been processed in order to ensure that your request has been processed successfully and to be able to trace any difficulties that may have arisen in the past that may help to resolve your request.

When you email us a support request from within our app, your email will contain some technical information about your device and your Flexudy app that will help us help you with technical issues. You can delete this information from your email if you do not want it to be sent to us. Please note, however, that we may not be able to help you with technical problems.

We collect and process your data in order to be able to answer your support request and to be able to guarantee error-free operation of our product, Art. 6 Para. 1 lit. b DSGVO. If you contact us independently of a concrete support request or a technical problem, we collect and process your personal data due to our legitimate interest in being able to answer e-mail inquiries and the fact that your interests do not predominate, Art. 6 Para. 1 lit. f DSGVO.

5. data transfer

In principle, your personal data will only be passed on without your express prior consent in the following cases:

5.1 If it is necessary for the clarification of illegal use of our services or for the prosecution, personal data are passed on to the prosecution authorities as well as if necessary to injured third parties. However, this only happens if there are concrete indications of illegal or abusive behavior. A transfer can also take place if this serves the enforcement of terms of use or other agreements. We are also legally obliged to provide information to certain public bodies upon request. These are criminal prosecution authorities, authorities that prosecute administrative offenses subject to fines and the tax authorities.

This data is disclosed on the basis of our legitimate interest in combating misuse, prosecuting criminal offenses and securing, asserting and enforcing claims and that your rights and interests in the protection of your personal data do not predominate, Art. 6 para. 1 lit. f DSGVO or on the basis of a legal obligation pursuant to Art. 6 para. 1 lit. c DSGVO.

5.2 We are dependent on contractually affiliated external companies and external service providers (“contract processors”) for the provision of the services. In such cases, personal data is passed on to these contract processors in order to enable them to process it further. These processors will be carefully selected and regularly reviewed by us to ensure that your rights and freedoms are protected. The processors may use the information only for the purposes for which we have provided it and will also be contractually obliged to process your information only in accordance with this Privacy Statement and applicable data protection laws.

In detail, we use the following contract processors:

Google LLC

Microsoft App Center

Data will be disclosed to processors on the basis of Art. 28 para. 1 DSGVO, or alternatively on the basis of our legitimate interest in the economic and technical benefits associated with the use of specialized processors and the fact that your rights and interests in the protection of your personal data do not prevail, Art. 6 para. 1 lit. f DSGVO.

5.3 We also process data in countries outside the European Economic Area (“EEA”).

For the USA, the European Commission decided on 12.7.2016 that an adequate level of data protection exists under the regulations of the EU-U.S. Privacy Shields (adequacy decision, Art. 45 DSGVO). We use the following service providers that are certified according to the EU-U.S. Privacy Shield:

Google LLC

Microsoft LLC

5.4 As our business evolves, the structure of our team named Flexudy Education may change by changing its legal form, creating, acquiring or selling subsidiaries, divisions or businesses. In such transactions, customer information is shared with the part of the business to be transferred. For each transfer of personal information to third parties to the extent described above, we will ensure that this is done in accordance with this Privacy Policy and applicable data protection laws.

Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances as required and that your rights and interests in the protection of your personal data do not predominate, Art. 6 para. 1 lit. f DSGVO.

6. purpose changes

Your personal data will only be processed for purposes other than those described if this is permitted by law or if you have consented to the changed purpose of data processing. In the event of further processing for purposes other than those for which the data were originally collected, we will inform you of these other purposes prior to further processing and provide you with all further relevant information.

7. deletion of your data

We will delete or anonymise your personal data as soon as it is no longer required for the purposes for which we have collected or used it in accordance with the above paragraphs. In particular, we delete your data in the following cases after the periods described below:

Google Analytics: 14 months

Microsoft App Center: 14 months

After these periods have expired, the data will be deleted unless this data is required for legal retention periods, for criminal prosecution or to secure, assert or enforce legal claims. In this case, they will be blocked. The data will then no longer be available for further use.

8. Automated individual case decisions or profiling measures

We do not use automated processing to make a decision, including profiling.

9. your rights as a data subject

9.1 Right to information

You have the right to obtain from us at any time upon request information about the personal data processed by us concerning you in the scope of Art. 15 DSGVO. For this purpose, you can submit an application by post or by e-mail to the address given above.

9.2 Right to correct inaccurate data

You have the right to ask us to correct your personal data immediately if it is incorrect. To do so, please contact us at the contact addresses given above.

9.3 Right to deletion

You have the right, under the conditions described in Art. 17 DSGVO, to request us to delete your personal data. In particular, these conditions provide for a right of deletion if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, or in cases of unlawful processing, the existence of an objection or the existence of a deletion obligation under Union law or the law of the Member State to which we are subject. To exercise your above right, please contact us at the above contact addresses.

9.4 Right to Restrict Processing

You have the right to demand that we restrict processing in accordance with Art. 18 DSGVO. This right exists in particular if the correctness of the personal data is disputed between the user and us, for the duration which the verification of the correctness requires, and in the event that the user demands limited processing instead of deletion in the case of an existing right to deletion; furthermore in the event that the data is no longer necessary for the purposes pursued by us, but the user requires it for the assertion, exercise or defence of legal claims, and if the successful exercise of an objection between us and the user is still disputed. To exercise your above right, please contact us at the above contact addresses.

9.5 Right to transfer data

You have the right to receive from us the personal data concerning you which you have provided to us in a structured, common, machine-readable format in accordance with Art. 20 DSGVO. To exercise your above right, please contact us at the above contact addresses.

9.6 Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is carried out on the basis of Art. 6 Para. 1 lit. e or f DSGVO, among other things, pursuant to Art. 21 DSGVO. We will stop processing your personal data unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

9.7 Right of appeal

You have the right to contact the relevant supervisory authority if you have any complaints. The competent supervisory authority is:

The Bavarian State Commissioner for Data Protection (BayLfD)

State Office for Data Protection Supervision

Promenade 18

91522 Ansbach, Germany

Phone: 0981/180093-0

fax: 0981/180093-800

poststelle@lda.bayern.de, 

https://www.lda.bayern.de

Terms and Conditions

Welcome to Flexudy! We have worked hard to make these General Business Terms and Conditions as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: info[ a t ]flexudy.com

Flexudy is provided by Quirin Malcherzyk, Meuschelstr. 63, 90408 Nürnberg, Germany (hereinafter, as permitted/required by context, “we”, “our”, “us”, “Flexudy” or “Flexudy Education”).

Now let us introduce Flexudy. The Flexudy team has developed an App which supports your studying. It generates questions based on your uploaded documents. Further Informations are available on our website https://flexudy.com/

• 1. Scope
• 1.1. These General Business Terms and Conditions (hereinafter “GTC”) plus potential Special Business Terms and Conditions (hereinafter “STC”) as defined in section 1.4 below constitute the sole and exclusive legal basis for Consumers and Businesses (hereinafter “You”) to access and use Flexudy .
• 1.2. Under § 13 BGB [Buergerliches Gesetzbuch – German Civil Code], Consumers are natural persons who enter into a legal transaction for a purpose that cannot be ascribed either to their commercial or to their independent professional activities. Minors under the age of 14 may not use Flexudy without the permission of their parents or guardians.
• 1.3. Under § 14 BGB, Businesses are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.
• 1.4. For certain applications or services within the Flexudy App, it may become necessary for Flexudy to agree on additional Special Business Terms and Conditions (“STC”) with you. These conditions will supplement the existing GTC, but can also deviate from them. In the event that they differ, the provisions of the STC shall take precedence over these GTC. We will, of course, give timely notice to you of the necessity of agreeing on STC prior to use.
• 1.5. In addition to any GTC and STC, additional terms of the relevant distribution platform (e.g. iTunes or Google Play) may apply for your purchase and download of the Apps; in the event of any conflict between the GTC/STC and such additional terms, the GTC/STC take precedence.
• 1.6. To the extent that third parties (hereinafter “Partner Companies”) offer you services using Flexudy, the respective Partner Companies are solely responsible for such services. We will inform you in a timely manner prior to such use that you are using offerings by Partner Companies for which the Partner Companies may possibly have their own general business terms and conditions.
• 1.7. These GTC are available on the Flexudy website as well as within the Apps under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices.
• 2. Subject Matter of the Agreement and Services
• 2.1. The subject matter of this agreement is the provision of the Flexudy App for generating gap texts from document imported by you.
• 2.2. The scope of features is defined in the respective product description. The features of the respective Flexudy App vary per operating system, device and app version.
• 2.3. Your Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use Flexudy are not the subject matter of these GTC. Thus, in order to be able to use Flexudy, you must ensure under your own responsibility that Internet access and all other technical devices required are in place and must bear related fees yourself.
• 3. Conclusion of the Agreement
• 3.1. The agreement for the provision of the App “Flexudy”, including the granting of usage rights to the App, is concluded, when you click on the button “Install” which is placed on the product description page at the respective App Store.
• 3.2. During in-app purchases, the agreement shall be concluded, when you select the relevant product within the App and then click the “Buy” button of the payment function offered by the relevant App Store.
• 3.3. The agreement can be concluded in German or English language.
• 4. Your Rights and Obligations
• 4.1. You shall use the Apps solely in compliance with applicable law, these GTC and potential STC, if applicable. In particular, you must ensure that the information you disseminate or make publicly accessible via or in the context of the Apps (i) does not violate the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) does not violate applicable law (e.g. child protection legislation) in any other way. If and as far as data or content entered, disseminated or made publicly accessible by you involves personal data of third parties, you shall be responsible for obtaining the consent of the affected individuals. You shall not spy on or impede other users while using the Apps, nor use the Flexudy Apps and/or related services for anything other than their intended purposes or in any way which disrupts or overburdens its technical operations. In particular, the Flexudy App may not be used for any of the following:
• a) Disseminating content or making content publicly accessible that contains programs or files which could damage the hardware or software of Flexudy or other Users (e.g., viruses, worms, Trojans and the like)
• b) Disseminating content that is harassing, defamatory, threatening, obscene, hate-inciting, racist or in any other way legally objectionable by email or by other means or making such content publicly accessible
• c) Pretending to be another person, e.g. a representative of Flexudy or someone who is, in any other way, responsible for the Flexudy Apps or any services associated with them, or falsely laying claim to a relationship to such persons
• d) Falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services
• e) Disseminating content by email or by other means or otherwise making content publicly accessible for which you have no right to transmit (e.g. based on a duty to maintain confidentiality, or the like)
• f) Disseminating content by email or by other means or otherwise making content publicly accessible that violates the rights of third parties, in particular patents, trademarks, and copyrights, including the rights of photographers, film-makers, composers and interpreters of musical works, etc., business secrets or other proprietary rights
• g) Disseminating by email or by other means commercial advertising, junk mail, unsolicited mass email (“spam”), chain letters or pyramid schemes or otherwise making these publicly accessible
• h) Using our services and/or the Flexudy App for or in the context of any unlawful activity
• i) Disrupting the service’s technical operations or interrupting the normal flow of communications
• j) Interfering with any of our services or related servers and networks, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.
• 4.2. You are solely responsible for ensuring the proper security of the content you have created with the Flexudy App and/or made public, stored, transmitted or received in connection with the services; we are not responsible for the operation and/or accessibility of third party cloud storage services you may use to store your data captured with the Flexudy Apps.
• 5. Uploaded Files
• 5.1. You agree that any files or data uploaded or transferred by you via Flexudy shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
• 5.2. You shall comply with the applicable terms of any third party cloud hosting service you may use to store any of the data captured with the Flexudy App.
• 6. Granting of Rights
• 6.1. Flexudy grants you a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the Flexudy  Apps as provided to you by Flexudy in accordance with this agreement.
• 6.2. You may use copies of the Flexudy Apps only to the extent required for the contractual use of the software. You may not lease the Flexudy Apps to any third party or otherwise make it temporarily accessible to any third party with or without any fee.
• 7. Indemnification
• 7.1. You hold Flexudy harmless from all claims, including claims for damages, that other Users or any other third parties, including public agencies (“Third Parties”), assert against Flexudy on account of a violation of their rights by the content uploaded by you in or with the help of Flexudy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to Flexudy as a result of your violation of the rights of other Users or Third Parties. All further rights as well as claims for damages on the part of Flexudy shall remain unaffected. You have the right to prove that Flexudy actually incurred lower costs.
• 7.2. The above duties shall apply only to the extent that you are responsible for the infringement in question; that is, insofar as you have knowingly and intentionally committed this act or have ignored the standard of due care required in normal business practice.
• 8. Payment and Invoicing
• 8.1. The provision of the free version „Flexudy” shall be free of charge.
• 8.2. In all other cases, you shall pay Flexudy the fee agreed upon during conclusion of the Agreement in the relevant App Store. Payment falls due prior to download of the Apps.
• 8.3. All payments and prices are understood to include the statutory value-added tax currently in effect at the time, unless specifically noted otherwise at: https://flexudy.com/
• 8.4. Invoices will be issued electronically. You hereby consent to the electronic issuance of invoices.
• 9. Warranty
• 9.1. Flexudy offers warranty in accordance with the applicable legal provisions.
• 9.2. Furthermore, Flexudy warrants that the Flexudy App has the characteristics and functionalities set forth in the product description on the relevant distribution platform. You shall immediately inform Flexudy by email of any defect.
• 9.3. Flexudy does not offer any warranty for errors you have caused by damaging or incorrectly operating the Flexudy App. A warranty shall also not exist if you or a third party have modified the Flexudy  App, unless you are able to prove that the defect was already present in the unmodified Flexudy App as provided by Flexudy Education.
• 9.4. The User shall assist Flexudy without compensation in the elimination of the defects, and shall, in particular, furnish it with all necessary information, documentation, etc. that Flexudy requires for the analysis and elimination of the defect.
• 9.5. Furthermore, you shall be entitled to the statutory warranty rights.
• 9.6. If you are a business, your warranty claims shall expire one year after the transfer of perils.
• 10. Liability
• 10.1. Flexudy is liable in accordance with the applicable legal provisions.
• 10.2. Notwithstanding the foregoing, Flexudy Education bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
• 10.3. In cases of slight negligence, Flexudy Education is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation, the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly relies on.
• 10.4. The liability according to Section 10.3 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.
• 10.5. You are obliged to regularly back up the data stored via the App, to the extent possible. In the event of data loss, the liability of Flexudy under Section 10.3 is limited to the costs that would have occurred had you performed appropriate data backup.
• 10.6. In the event of data loss Flexudy’s liability according to Section 10.2 is limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.2.
• 10.7. The limitations of liability apply correspondingly to employees, representatives and vicarious agents of Flexudy Education.
• 10.8. Any liability of Flexudy for warranties expressly indicated as such and for claims due under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
• 10.9. Apart from that, any liability of Flexudy Education is excluded.
• 10.10. Vis-à-vis Businesses, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out and if you have become aware of the circumstances which substantiate the claim and the person of the debtor or would have become aware of these if you had not shown gross negligence.
• 11. Notices
• 11.1. Explanations or notices to you will be published by Flexudy via the Apps or will be sent to you by email.
• 11.2. You are asked to report violations of your copyrights to Flexudy’s legal department. In the process, Flexudy requests the following information to be made available:
• a) an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right
• b) a description of the copyright protected work with respect to which rights were infringed, in your opinion
• c) a description of where the material is located that, in your opinion, infringes on copyrights
• d) your address, telephone number and email address
• e) a declaration that, to the best of your knowledge and belief, the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law
• f) a declaration in lieu of an oath that the foregoing information is truthful and that you are the holder of the copyrights or are authorized to act in the name of the copyright holder.
• 11.3. You can reach the Legal Department via email to: info[ a t ]flexudy.com
• 12. Right of withdrawal for consumers
  If you are a consumer, you have a right of withdrawal in accordance with the following instruction:
  Right of Withdrawal
  You have the right to withdraw from this Agreement without stating any reason within fourteen days.
  The withdrawal period shall be fourteen days from the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the goods. In the event of an agreement on several goods, which you have ordered within the framework of a standard order and which are delivered separately, the period shall begin on the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the last item.
  To exercise your right of withdrawal, you must inform us (Quirin Malcherzyk, Meuschelstr. 63, 90408 Nuremberg, Germany, https://flexudy.com/) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.
  To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before expiry of the withdrawal period.
  Consequences of Withdrawal
  If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund.
  Withdrawal form template
  (If you wish to withdraw from the agreement, please fill in this form and return it to us.)
  To Quirin Malcherzyk, Meuschelstr. 63, 90408 Nuremberg, Germany, https://flexudy.com/ I/We (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*)/the provision of the following service (*)

  Ordered on (*)/received on (*)

  Name of the consumer(s)

  Address of the consumer(s)

  Signature of the consumer(s) (only for paper notifications)

  Date

  (*) Delete as applicable.

• 13. Complaints procedure
• 13.1. The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/. Flexudy is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.
• 14. General Provisions
• 14.1. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules, shall apply. This does not apply for consumers with regard to such provisions, which – according to the law applicable if this clause would not exist (which is in general the law of the Consumer´s primary residence) – are legally compulsory and cannot be waived by parties´ agreement.
• 14.2. If you are a Consumer and do not have a place of residence in Germany or in another EU Member State, or if you move your permanent residence abroad after the effective date of these conditions, or if at the time a complaint is filed your residence or customary abode is unknown, Flexudy’s registered office shall be the exclusive place of jurisdiction for all disputes arising under these GTC.
• 14.3. In the event of legal disputes with Merchants, Munich, Germany is agreed upon as the sole place of jurisdiction.
• 14.4. If individual provisions of these GTC are or become ineffective, and/or conflict with provisions of law, the validity of the remainder of the GTC shall not be otherwise affected. The contractual parties shall replace the ineffective provision by mutual agreement with a provision that comes as close as possible to the intent of the ineffective provision. This shall apply accordingly to gaps.