GENERAL TERMS AND CONDITIONS
FOR THE USERS OF RELEVO REUSABLE SYSTEM
Status: 21.04.2023
Contact information
Relevo GmbH
Boschetsrieder Straße 67
81379 Munich
Contact
E-mail: hallo@relevo.de
Sales tax identification number according to §27 a sales tax law: DE328552414
PREAMBLE
Relevo GmbH with its registered office in Munich (hereinafter also referred to as “RELEVO”) operates a sustainable reusable system for takeaway and delivery food and beverages to avoid (single-use) packaging waste. RELEVO provides customers with high-quality reusable tableware, consisting of reusable bowls and cups, and organizes all phases of the reusable cycle together with its system partners (including restaurateurs, student unions, food merchants and delivery services), among other things by providing an app application for RELEVO’s customers. By using the RELEVO reusable system, customers avoid packaging waste and thus contribute to a more sustainable world.
These General Terms and Conditions (hereinafter also referred to as “GTC”) govern the relationship between the customers of the RELEVO reusable system and RELEVO.
2.1. Customers: are all persons of legal age who purchase food and beverages in a RELEVO reusable packaging and (i) have registered in the RELEVO App or (ii) have received a RELEVO World Savers Card (RELEVO Weltretterkarte) through a system partner. Minors can only be customers if they act with the consent of their legal representatives (usually a parent or guardian), whereby the consent must refer to these GTC in their entirety. By accepting these GTC, each minor assures that the aforementioned requirements are met.
2.2 Prices: all prices and costs quoted are inclusive of VAT.
2.3 RELEVO Reusable Packaging(s): are high-quality and sustainable reusable packaging such as bowls and cups in particular, which are exclusively intended to be filled with food or beverages. The RELEVO reusable packaging is recognizable by appropriate branding and provided with an individual QR code for clear identification in the RELEVO reusable system.
2.4 RELEVO Reusable System: includes the entire system in which the System Partners provide the RELEVO Reusable Packaging to the Customer for use. RELEVO Reusable Packaging is included in the RELEVO Reusable System by scanning the respective QR code when it is handed out. The scanning of the QR code is done via the RELEVO app or the partner platform of the system partner.
2.5 RELEVO App: means the mobile application (app) for customers to participate in the RELEVO reusable system.
2.6 RELEVO World Savers Card: are cards which can be purchased free of charge by the Customers at participating System Partners and with which the Customers can participate in the RELEVO Reusable System without having to use an internet capable device. The Customer can book credit on the RELEVO World Savers Card (RELEVO Weltretterkarte) at participating System Partners to borrow RELEVO Reusable Packaging.
2.7 RELEVO Partner Platform: means the web application for System Partners to view, among other things, transactions and reports in the context of the use of the RELEVO Reusable System.
2.8 System Partners: are providers of food and beverages, especially restaurants, snack bars, canteens, university canteens, supermarkets or delivery service providers, who commercially sell food and beverages to their guests and offer RELEVO reusable packaging as packaging.
3.1 Subject of these GTC is the use of the RELEVO Reusable System and all related transactions of RELEVO Reusable Packaging between RELEVO, System Partners and Customers.
3.2 Transactions between System Partners and Customers concerning the sale of food and beverages are not subject to these Terms and Conditions.
4.1 The Customers can borrow the RELEVO Reusable Packaging from System Partners – subject to the regulations in section 5.10 as well as section 7.6 – free of charge for (fourteen) 14 days (hereinafter also “Lending Period”). The Lending Period is valid for each RELEVO Reusable Packaging individually. Customers are obliged to return the borrowed RELEVO Reusable Packaging within the Lending Period to System Partners or return stations (e.g. dispensing or acceptance machines). Certain RELEVO Reusable Packaging can only be returned at special locations or System Partners. Which RELEVO Reusable Packaging is concerned and where it has to be returned can be found in the RELEVO App.
4.2 The Customer commits himself to handle the RELEVO Reusable Packaging provided to him with due care and to use it exclusively for the transport and consumption of food. RELEVO Reusable Packaging may only be filled with the intended food and beverages.
5.1 Customers who wish to participate in the RELEVO Reusable System via the RELEVO App must register once via the RELEVO App. The registration process is free of charge.
5.2 In order to perform the registration process, the RELEVO App must be downloaded via an online app store. The respective additional terms and conditions of the app store operators apply.
5.3 After downloading the RELEVO App, a customer account must be opened, for which the registration must be completed, and the information requested therein must be submitted.
5.4 With the registration and the acceptance of these GTC the Customer receives a non-exclusive, non-sublicensable, non-transferable and at any time revocable right to use the RELEVO App including the contents that can be accessed via it for the duration of the use of the RELEVO App and exclusively for own private purposes.
5.5 The granting of the rights of use is conditional on the compliance with these GTC. In case of a violation of these GTC by the Customer, the rights of use of the RELEVO App including provided content automatically expire.
5.6 Notwithstanding the foregoing, RELEVO may terminate the rights of use at any time by unilateral declaration with immediate effect, in particular RELEVO has the right to stop the free provision of the RELEVO App or certain functions and contents at any time. The Customer will be informed in time but at least fourteen (14) days before the respective discontinuation becomes effective.
5.7 By completing the registration, the Customer enters into a contract with RELEVO, which enables him to participate in the RELEVO Reusable System and to use the RELEVO Reusable Packaging at the System Partners. The Customer commits himself to keep the information provided for the creation of his user account up to date, especially the payment and contact information as well as the means of payment chosen by the Customer. Non-compliance with this obligation entitles RELEVO to suspend the service for the Customer.
5.8 The Lending Period using the RELEVO App starts when the following requirements are cumulatively met:
(i) The RELEVO Reusable Packaging was issued to the Customer by the System Partner; and
(ii) the Customer has properly scanned the QR code affixed to the RELEVO Reusable Packaging using the RELEVO App; and
(iii) the Customer has shown the scan confirmation in the RELEVO App to the issuing System Partner and/or its employees for inspection.
5.9 The System Partner and its employees are hereby granted the right in the sense of a contract for the benefit of third parties pursuant to Section 328 German Civil Code (BGB) to view the successful scan confirmation on the respective device of the Customer (e.g. on the cell phone screen). The customer agrees to this. Without a proper control of the scan confirmation the handing out System Partner or his employee is entitled to refuse the handing out of the RELEVO Reusable Packaging.
5.10 If the Customer is not able to return a RELEVO Reusable Packaging in time before the expiration of the Lending Period by himself or by other persons (who are also registered in the RELEVO App (so called “Friend Return”)), there is the option for the Customer to extend the Lending Period via the RELEVO App for seven (7) days for 1€.
5.11 The RELEVO Reusable Packaging has to be returned within the Lending Period, provided that the borrowed RELEVO Reusable Packaging:
(i) delivered to a System Partner identified in the RELEVO App; and
(ii) the QR code of the return label (Rückgabeschild) at the respective System Partner is scanned with the RELEVO App.
6.1 At certain System Partners there is the possibility to receive a RELEVO World Saver Card (RELEVO Weltretter Karte). Customers who want to participate in the RELEVO Reusable System using the RELEVO World Saver Card (RELEVO Weltretter Karte) can get the RELEVO World Saver Card (RELEVO Weltretter Karte) for free at the participating System Partners.
6.2 The Customers can book a credit on the RELEVO World Saver Card (RELEVO Weltretter Karte) at the participating System Partners. In the amount of the credit RELEVO Reusable Packaging can then be borrowed within the Lending Period.
6.3 The Lending Period using the RELEVO World Saver Card (RELEVO Weltretter Karte) begins when the following conditions are cumulatively met:
(i) The RELEVO World Saver Card (RELEVO Weltretter Karte) has been issued to the Customer by the System Partner; and
(ii) the Customer has posted a balance on the RELEVO World Saver Card (RELEVO Weltretter Karte); and
(iii) the System Partner has properly scanned the QR code on the RELEVO Reusable Packaging to be issued in the RELEVO Partner Platform and assigned it to the Customer’s RELEVO World Saver Card (RELEVO Weltretter Karte).
6.4 The RELEVO Reusable Packaging has to be returned within the Lending Period, provided that the borrowed RELEVO Reusable Packaging:
(i) handed over at the participating System Partners; and
(ii) the respective System Partner has scanned the RELEVO Reusable Packaging via the RELEVO Partner Platform.
7.1 If a RELEVO Reusable Packaging is returned by the Customer (i) not in time or (ii) not in a proper condition (i.e. severe damage or unacceptable contamination) – whereby RELEVO can no longer use it as reusable packaging – or (iii) not completely within the Lending Period, this RELEVO Reusable Packaging is considered to be taken out of the RELEVO Reusable System by the Customer.
7.2 The System Partner and its employees are granted the right within the framework of a contract in favor of third parties according to Section 328 BGB (German Civil Code) to refuse the acceptance of a severely damaged or unacceptably contaminated RELEVO Reusable Packaging according to dutiful discretion.
7.3 The withdrawal from the RELEVO Reusable System has the consequence that this RELEVO Reusable Packaging can no longer be used by RELEVO to save single-use packaging waste and to contribute to a more sustainable world and to have a positive impact on climate change. In these cases the Customer has to pay a “Climate Fee” to RELEVO, which is currently EUR 10.00 per bowl (Bowl) and EUR 5.00 per cup (Cup), subject to the regulation for a possible adjustment in Section 7.10, but not more than EUR 20.00 per RELEVO Reusable Packaging. In case of using the RELEVO App, the Climate Fee will be collected automatically after the expiration of the Lending Period via the payment details stored in the customer account. In case of using the RELEVO World Saver Card (RELEVO Weltretterkarte), credit in the amount of the respective Climate Fee will be retained.
7.4 If the Customer proves to RELEVO within one (1) week from the date of the refusal of the return of the RELEVO Reusable Packaging according to Section 7.1 that the refusal of acceptance was unfounded, the Customer is no longer obliged to pay the corresponding Climate Fee. If the corresponding Climate Fee has already been collected, this amount will be refunded within one (1) week.
7.5 The exercise of the rights according to Section 5.6 by REVELO does not affect the obligation of the Customer to return the RELEVO Reusable Packaging in his possession within the Lending Period.
7.6 RELEVO is entitled to adjust the Lending Period as well as the amount of the Climate Fee within the scope of a dutiful discretion under consideration of the concrete circumstances (in the sense of Section 315 BGB (German Civil Code)) (e.g. increase of the Climate Fee due to the use of other materials at the RELEVO Reusable Packaging (e.g. glass)), whereby all Customers are to be informed about such a change immediately beforehand by e-mail or in a comparable way (e.g. advertisement in the RELEVO App).
8.1 In order to download the RELEVO App and complete the service via these GTC, the Customer must have a device (e.g. cell phone) connected to the Internet.
8.2 The Customer accepts that the quality and availability of the Internet network is not the responsibility of RELEVO and therefore the availability of the RELEVO Reusable System may be affected by the quality and availability of the Internet connection provided to the Customer by its telecommunication operator.
8.3 RELEVO does not grant any performance warranty for the RELEVO App. It is not part of the performance that the RELEVO App is accessible, secure or error-free at any time, or that insignificant errors in the software or in the service will be fixed. In this respect RELEVO excludes any warranty and any guarantee.
When creating a costumer account, it is accepted that RELEVO may send emails to the Customer as well as automatic notifications in the RELEVO App (Push Messages) as part of the normal operation of the Service.
10.1 The contract which comes into place with the registration in the RELEVO App, is concluded for an indefinite period. It can be terminated at any time in writing (e-mail is sufficient). The right to terminate for cause remains unaffected. Every contractual relationship between the Custeromr and the System Partner remains also unaffected.
10.2 The obligation to return the RELEVO Reusable Packaging according to Section 4 remains unaffected by a termination.
10.3 In the case of using the RELEVO World Saver Card (RELEVO Weltretterkarte), the current bank data of the Customer have to be stated in the cancellation. From the effectiveness of the cancellation RELEVO transfers the existing credit to the Customer to the given bank data, minus any outstanding Climate Fee.
11.1 RELEVO assumes the responsibility for the operation of the technical infrastructure and central data platform for the offered RELEVO Reusable System in order to ensure a smooth operation.
11.2 RELEVO informs the customer via RELEVO App about current System Partners and if applicable about discount campaigns of the System Partners.
12.1 RELEVO is liable according to the legal regulations without limitation in case of (i) intent or gross negligence, (ii) for injury of life, body or health as well as (iii) to the extent of a guarantee, if applicable, expressly assumed by RELEVO elsewhere.
12.2 Liability of RELEVO, its legal representatives, its vicarious agents and its employees for damages caused by slight negligence is excluded, unless it concerns an injury of life, body or health.
12.3 In case of breach of essential contractual obligations RELEVO is only liable for typical and foreseeable damages. Material obligations are obligations (i) the breach of which endangers the fulfillment of the purpose of the contract or (ii) which enable the proper execution of the contract in the first place and on the compliance of which the other party may regularly rely.
12.4 If a claim is made against RELEVO by a third party because of a violation of these GTC by the customer, the customer indemnifies RELEVO from all claims and costs, which are directly or indirectly caused by this, including reasonable costs for legal defense. This does not apply if the customer is not responsible for a violation. RELEVO reserves the right to take over the defense against such claims itself.
12.5 RELEVO is not liable for third party negligence or in case of unavailability of the RELEVO App (e.g. due to technical problems, failure of the internet connection, etc.) without prejudice to Section 12.4.
12.6 RELEVO is neither liable for the content nor for the execution of the contractual relationships concluded, existing or still to be concluded between Customers and System Partners. This applies accordingly to the data and/or information provided by the System Partners within the RELEVO App.
12.7 Statutory warranty claims and claims of the Customer under the German Product Liability Act (Produkthaftungsgesetz) shall not be affected by the above provisions.
13.1 RELEVO is the owner of the rights of use of all pictures, movies and texts which are published on the RELEVO App. A use of the pictures, movies and texts is not permitted without the explicit consent of RELEVO. A consent is not given by the mere registration in the RELEVO App.
13.2 If RELEVO has given a corresponding approval, the customer commits himself to use the concerned pictures, films and texts only in accordance with the RELEVO branding-guidelines.
The separate privacy policy at https://relevo.de/datenschutz/ applies to the handling of the customer’s data.
15.1 Amendments to the Terms and Conditions of Business must be made in text form. This shall also apply to the amendment of this clause.
15.2 RELEVO reserves the right to change these terms and conditions with effect for the future, especially because of changes in law, changes in jurisdiction or changes in economic circumstances. RELEVO has to inform the Customer about the proposed change by e-mail. The changes are considered as accepted and approved, if the Customer does not object to them at least in text form. The objection must be received within two (2) weeks after receipt of the notification. The Customer will be informed about the objection period and the consequences of the expiration of silence in the e-mail. If the Customer exercises his right of objection, the change request shall be deemed rejected. The customer account will then be continued without the proposed changes or the membership will be terminated. The right of the parties to terminate the contract remains unaffected.
Only the German version of these GTC is binding.
17.1 These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of international private law. In the event of any disputes, the parties agree, if and to the extent permitted by law, that the exclusive place of jurisdiction shall be Munich.
17.2 If the Customer, as a consumer, has his habitual residence in a country other than Germany and within the European Union at the time of the respective conclusion of the contract, the application of mandatory legal provisions of that European country shall remain unaffected by the choice of law made in Section 17.1.
17.3 Should any provision of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Privacy Policy App
This privacy policy informs you about the nature, scope and purpose of the processing of personal data within our app and the functions and content associated with them. For definitions used terms such as “personal data” or their “processing”, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
1.1. Who is responsible for data collection
Relevo GmbH
Boschetsrieder Straße 67
81379 Munich
E-mail: hallo@relevo.de
1.2. Our data protection officer can be reached at the following contact details:
PROLIANCE GmbH / www.datenschutzexperte.de
Data protection officer
Leopoldstr. 21
80802 Munich
datenschutzbeauftragter@datenschutzexperte.de
We, Relevo GmbH take the protection of your personal data very seriously. We treat your personal data confidential and in accordance with the statutory data protection regulations and this Privacy Policy.
When you register for and use our app, various personal data are collected.
Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
Certain information is already processed automatically as soon as you use the app. We have listed exactly which personal data is processed for you below:
3.1. Information collected during the download
When you download the App, certain required information is transmitted to the App Store you have selected (Android App Store, Apple App Store), in particular, the user name, the e-mail address, the customer number of your account, the time of the download, payment information and the individual device identification number may be processed. The processing of this data is carried out exclusively by the respective App Store and is beyond our control.
3.2. Information that is collected automatically
As part of your use of the App, we automatically collect certain data that is required for the use of the App. This includes: internal device ID, version of your operating system, time of access, IP address, content of access.
This data is automatically transmitted to us, but not stored, (1) to provide you with the Service and related features; (2) to improve the features and functionality of the App; and (3) to prevent and remedy misuse and malfunctions. This data processing is justified by the fact that (1) the processing is necessary for the performance of the contract between you as a data subject and us pursuant to Art. 6 (1) lit. b DSGVO for the use of the App, or (2) we have a legitimate interest in ensuring the functionality and error-free operation of the App and to be able to offer a service that is in line with the market and interests, which here outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f DSGVO.n take into account, for example, when introducing new services. The most current version applies to your visit.
3.3. Creation of a user account (registration) and login
You can download our app from the app store without registering with us. Personal data is not collected for us in the course of downloading the app. Nor is any personal data passed on to us by the app store provider. However, you cannot make meaningful use of our apps without registering for our app.
The processing of the data entered during registration is carried out for the fulfillment of a contract with the user or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b DSGVO). Additional voluntary information is processed on the basis of your voluntarily given consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent at any time for the future. For this purpose, an informal communication by e-mail to us hallo@relevo.de is sufficient. The legality of the data processing already carried out remains unaffected by the revocation. Even after a revocation, Relevo GmbH will continue to use data formed anonymously by you, i.e. such data that at no time allow a direct or indirect conclusion to your person, for its own purposes for an unlimited period of time.
When you create a user account or register, we use your access data (title, first and last name, e-mail address and password, payment information) to grant you access to your user account and to manage it (“mandatory data”). Mandatory Data are marked as such and are required for the conclusion of the User Agreement. If you do not provide this data, you will not be able to create a user account.
Furthermore, based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO, the following data is collected and processed by us when you use the app:
Date of your registration
Date of your last login
The scope of the data collected in our app depends on your registration and use of our products. We only process those user data that you actively and voluntarily provide to us.
3.4. Use of the app
Within the app, you can manage and edit various information and activities. This information includes, in particular, data on the lending of Relevo reusable packaging as well as on the return of the corresponding products made by means of QR codes.
The app also requires the following permissions for the full use of our services:
Internet access: this is required to store your entries on our servers.
Camera access: this is required so that you can scan the Relevo returnable QR code and we can associate the QR code with your account. Furthermore, when returning the item, the associated return code must be scanned on site at the respective restaurant using the camera, which saves the return made in the profile and lists it under “History”.
Push notifications: this is required to send you targeted push messages with a Relevo reusable packaging return reminder (on the 7th and 11th day after borrowing) and to inform you that otherwise a climate fee will be charged for the reusable packaging.
Location: this function can be activated voluntarily to display your own location on the map in the app. This makes it easier for users to search for and find restaurants.
Permissions to access the above functions are explicitly requested at the latest when they are first used on the device and can be confirmed or rejected.
A granted authorization can normally be canceled at any time in the settings of the device (however, this depends on the device and the operating system, over which we have no control).
Usage data is processed and used to provide the service. This data processing is justified by the fact that the processing is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b DSGVO for the use of the app. Should you have granted the individual authorizations, the processing of your data is based on your consent pursuant to Art. 6 (1) lit. a DSGVO. You can revoke any consent you have given at any time for the future. You can make the granted authorizations via the app management of your respective end device. The legality of the data processing already carried out remains unaffected by the revocation. Please note that authorizations that have not been granted may restrict the use of the app.
Unless you have given permission to receive push notifications, we will process your email address for the purposes of Relevo reusable packaging return reminders (on the 7th and 11th day after checkout) and to inform you that otherwise a climate fee will be charged for the reusable packaging. In this case, the processing of your e-mail address is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f. DSGVO.
3.5. Contacting us via contact form, e-mail or telephone
If you send us inquiries via contact form, e-mail or telephone, your data from the inquiry form or your e-mail, including the personal data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. Under no circumstances will we pass on this data without your consent. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO and, if applicable, Art. 6 (1) lit. b DSGVO, if your request is aimed at concluding a contract.
Your data will be deleted after final processing of your request, provided that there are no legal obligations to retain data. You can object to the processing of your personal data at any time in the case of Art. 6 para. 1 lit. f DSGVO.
3.6. Use of Google Firebase Crashlytics
We use Firebase Crashlytics (hereinafter Google Firebase) for reporting the stability and improvement of the App. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Firebase is used for the purpose of evaluating user behavior with respect to our app, such as the first call of the app, uninstallation, installation of updates, crashes (crashes), as well as frequency of use.
Google Firebase includes various features that allow us to analyze your in-app behavior. In this way, we can, for example, analyze your screen calls, button presses. We can also determine which functions within our app are frequently or rarely used. Google Firebase stores, among other things, the number and duration of sessions, operating systems, device models, and region for these purposes.
Google Firebase is used for the stability and improvement of the app. This involves collecting information about the device used and how our app is used (for example, the timestamp, when the app was launched, and when the crash occurred), which allows us to diagnose and resolve problems. The data is stored anonymously.
As a transfer of personal data to the USA may occur, further protection mechanisms are required to ensure the data protection level of the GDPR. To ensure this, Google uses standard data protection clauses in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
Google Firebase is only used on the basis of your consent pursuant to Art. 6 (1) lit. a DSGVO. The tool is only used for analysis, optimization as well as to ensure the stability of our app. Information on data protection can be accessed via the following link: https://firebase.google.com/support/privacy.
3.7. Payment processing climate fee (use of PayPal and Braintree)
If our reusable packaging is not returned, the agreed fee will be charged. For this we use the payment service provider PayPal and its service Braintree.
In case of payment via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) within the scope of payment processing. Payment by credit card is made using the payment service Braintree, a service of PayPal. The transfer to the service provider takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal’s data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
A transfer of your personal data to third parties does not take place, unless
if we have explicitly pointed this out in the description of the respective data processing,
if you have given your express consent to this in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO,
the disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6 (1) p. 1 lit. f DSGVO and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
in the event that there is a legal obligation for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c DSGVO, and
as far as this is necessary for the processing of contractual relationships with you according to Art. 6 para. 1 p. 1 lit. b DSGVO.
In addition, we use external service providers for the processing of our services, which we have carefully selected, commissioned in writing and with whom we have concluded order processing agreements pursuant to Art. 28 DSGVO, if necessary. These are bound by our instructions and are regularly monitored by us. These are, among others, service providers for app hosting, sending emails, and maintenance and care of our IT systems, etc. The service providers will not disclose this data to third parties.
This app is hosted by an external service provider (hoster). The hosting of the app takes place in Ireland. Personal data collected on this app is stored on the hoster’s servers. This may include IP addresses, contact requests, meta and communication data, website accesses and other data generated via the app or website.
We have concluded an order processing agreement with the provider in accordance with the requirements of Art. 28 DSGVO, in which we oblige the provider to protect our customers’ data and not to pass it on to third parties.
Since a transfer of personal data to the USA cannot be ruled out, further protection mechanisms are required to ensure the level of data protection of the DSGVO. To ensure this, the provider has ensured that standard data protection clauses are agreed in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
The duration of the storage of personal data is measured by the relevant statutory retention periods (e.g. from commercial law and tax law). After expiry of the respective period, the corresponding data is routinely deleted. If data is required for the fulfillment or initiation of a contract or if we have a legitimate interest in continuing to store it, the data will be deleted when it is no longer required for these purposes or you have exercised your right of revocation or objection.
In the following, you will find information on which data subject rights the applicable data protection law grants you vis-à-vis the controller with regard to the processing of your personal data:
7.1. Right of access
You have the right to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details.
7.2. Right to correct inaccurate data
In accordance with Art. 16 DSGVO, you have the right to demand the immediate correction of incorrect or completion of your personal data stored by us.
7.3. Right to deletion
You have the right, under the conditions described in Art. 17 DSGVO, to demand that we delete your personal data in question. These conditions provide in particular for the right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the Member State to which we are subject. For the period of data storage, please also refer to Section 5 of this Privacy Policy.
7.4. Right to restriction of processing
You have the right to demand that we restrict processing in accordance with Article 18 DSGVO. This right exists in particular if the accuracy of the personal data is disputed between the user and us, for the duration that the verification of the accuracy requires, as well as in the event that the user requests restricted processing instead of erasure in the case of an existing right to erasure; 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 defense of legal claims, as well as if the successful exercise of an objection is still disputed between us and the user.
7.5. Right to data portability
You have the right to receive from us the personal data concerning you that you have provided to us in a structured, common, machine-readable format in accordance with Article 20 DSGVO.
7.6. Right to revoke consent given.
In accordance with Art. 7 (3) DSGVO, you have the right to revoke consent to the processing of data, once given, at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Insofar as your personal data is processed by us on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as this is done for reasons arising from your particular situation. Insofar as the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right of objection without the requirement to specify a particular situation.
If you wish to exercise your right of revocation or objection, an e-mail to hallo@relevo.de will suffice.
In the event of violations of data protection law, the data subject has a right of appeal to the competent supervisory authority. The competent supervisory authority in matters of data protection law is the State Data Protection Commissioner of the federal state in which our company is based.
The provision of personal data for the decision on the conclusion of a contract, the performance of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make the decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the performance of the contract or pre-contractual measures.
Relevo GmbH does not perform any automatic decision-making or so-called profiling.
We reserve the right to amend or update this Privacy Policy as necessary in compliance with applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take into account changes to our services, e.g. when introducing new services. The most current version applies to your visit.
Status of this data protection declaration: 21.04.2023