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Privacy Policy & Terms of Use

Privacy Policy
1. Person responsible (Art. 4 No. 7 DSGVO)
2. Personal data
3. Data usage
4. Access to functions of the mobile terminal
5. Push notification
6. Usage analysis
7. Your rights as a data subject and contact options
8. Data deletion
Terms of Use
1. Scope and Validity
2. Terms of use
3. Operation and description of the App
4. Note on fees
5. Links
6. Availability
7. Liability
8. Intellectual property
9. Modification of the terms of use
10. Duties of the user
11. Consequences of a violation / exclusion from use
12. Choice of law, place of performance, place of jurisdiction
13. Severability clause

Privacy Policy

1. Person responsible (Art. 4 No. 7 DSGVO)

The

Name: KALEA Ltd.
Address: Biberngasse 31, 5020 Salzburg
Phone: 0662 820474
E-mail: info@kalea.at

is the person responsible for data processing.

2. Personal data

Personal data is information with the help of which a person can be determined, i.e. information that can be traced back to a person. This includes the name, the e-mail address or the telephone number. But also data about preferences, hobbies, memberships or which websites were viewed by someone count as personal data. Personal data will only be collected, used and disclosed by the provider if this is permitted by law or the users consent to the data collection.

a) Within the scope of the app, the user can voluntarily provide the following content:

First name, last name, mail address, profile picture, location data, device identifier.

All data collected will only be used in the context of the app and will not be passed on to third parties.

Storage period of the data: until revoked

b) The following authorizations are required by Android:

Identity

Usage: an account is created on the device for the app.

Photos / Media / Files / Storage

Usage: Content of the text (texts, images) is stored on the device to be available offline

c) Legal basis

The legal basis for processing your personal data is our overriding legitimate interest (pursuant to Art 6 para 1 lit f EU General Data Protection Regulation), which is to achieve the purposes stated above under “Purposes of data processing”, as well as contract performance and your consent.

d) Transmission of data/recipients.

For the purposes mentioned above, usage data is transferred and stored to the following IT partners:

  • Amazon Web Services Inc. for application, logs and cache.
  • Cloudinary Ltd. for images
  • OneSignal for push notifications
  • Hetzner for database

Otherwise, no data is passed on to third parties.

There is no access to the log files stored in your system. These are automatically queried each time the app is started.

e) Storage period

We anonymize the data in the course of deactivating your profile.

3. Data usage

a) Purpose of data processing

We will process your usage data for the use of our App as log files for the following purposes:

  • to make the App available;
  • to further develop the App;
  • to improve the functions of the app and our offer;
  • to track attacks and to protect our systems and prevent abusive or fraudulent behavior.

The log files generated consist of:

  • the IP address;
  • your mobile device;
  • the date and time of access;
  • the client’s request;
  • the http response code;
  • the amount of data transferred;
  • the app version used.

No personal user profiles are created by us.

b) Legal basis

The legal basis for processing your personal data is our overriding legitimate interest (pursuant to Art 6 para 1 lit f EU General Data Protection Regulation), which is to achieve the purposes set out above under “Purposes of data processing”, as well as contract performance and your consent.

c) Transmission of data/recipients.

For the purposes mentioned above, usage data is transferred and stored to the following IT partners:

  • Amazon Web Services Inc. for application, logs and cache.
  • Cloudinary Ltd. for images
  • OneSignal for push notifications
  • Hetzner for database

Otherwise, no data is passed on to third parties.

There is no access to the log files stored in your system. These are automatically queried with every start of the app.

d) Storage period

We delete the log files automatically after 2 months.

4. Access to functions of the mobile terminal

a) Purpose of data processing

Our app accesses the following device functions via the interfaces of your mobile end device:

  • Internet
    The app retrieves content such as texts and images from the Internet.
  • WLAN connection information
    The app uses the WLAN connection of your mobile end device to establish a connection to the Internet and thus enable you to use the app to its full extent. The prerequisite for this is that the WLAN function is activated on your mobile end device.

b) Legal basis

The legal basis for processing your personal data is our overriding legitimate interest (pursuant to Art 6 para 1 lit f EU General Data Protection Regulation), which is to achieve the purposes stated above under “Purposes of data processing”, as well as the performance of the contract and your consent.

c) Transmission of data/recipients.

For the above purposes, usage data is transferred and stored to the following IT partners:

  • Amazon Web Services Inc. for application, logs and cache.
  • Cloudinary Ltd. for images
  • MongoDB Inc. for database

Otherwise, no data will be transferred to third parties.

d) Storage period

Data is only processed as long as the app is used. Beyond that, no storage takes place.

5. Push notification

Push notifications are messages sent by the app to your device and displayed there in a prioritized manner. You can turn these push notifications on and off in the app settings of your mobile device. When you activate push notifications for the first time – e.g. when you start the app for the first time – a unique identification number of your mobile device (device ID) is communicated to the service that provides the push functionality at your operating system provider (for Android: “Google Cloud Messaging”, for iOS “Apple Push Notification Service”). This service returns a so-called identifier (“Push Notification Identifier”), which no longer allows any conclusions to be drawn about the device ID and thus about you as the user. Afterwards, communication with the is always carried out with this identifier. This ensures that the device ID is not used for any other purpose.

a) Purpose, legal basis and storage period

  • Data category: Push Notification Identifier
  • Purpose: Delivery of push messages at the user’s request.
  • Legal basis: Art. 6 para. 1 b) DSGVO.
  • Storage period: duration of the use of the push service.

b) Recipient

  • Recipient category: push functionality provider (for Android: “Google Cloud Messaging”, for iOS “Apple Push Notification Service”).
  • Data concerned: Device ID
  • Legal basis: Art. 6 para. 1 b) DSGVO

6. Usage analysis

If you use Facebook, Google or Apple SignIn to log in/register for our app, your data (IP address, device location data) will be processed and transmitted to the respective provider.

7. Your rights as a data subject and contact options

Among other things, you are entitled (subject to the conditions of applicable law) to (i) check whether and which personal data we have stored about you and to receive copies of this data, (ii) request the correction, amendment or deletion of your personal data that is incorrect or not processed in accordance with the law, (iii) request us to restrict the processing of your personal data, and (iv) in certain circumstances, object to the processing of your personal data or withdraw consent previously given for processing in the future, (v) request data portability, (vi) know the identity of third parties to whom your personal data is transferred, and (vii) lodge a complaint with the competent authority.

In Austria, this is the Austrian Data Protection Authority:

Barichgasse 40-42, 1030 Vienna, Austria.
Telephone: +43 1 52 152-0
E-mail: dsb@dsb.gv.at

Our contact details

If you have any further questions about the collection, processing and use of your personal data, please contact:

KALEA GmbH
Biberngasse 31, 5020 Salzburg
Telephone: 0662 820474
E-mail: info@kalea.at

8. Data deletion

You’re able to request your data to be deleted directly within the app, by following the steps listed below:

  • Open the menu screen
  • Navigate to your profile
  • Select “Delete profile” and follow the intructions

Terms of Use

1. Scope and Validity

The BeerTasting App (“App”) is an offer of KALEA GmbH, Biberngasse 31, 5020 Salzburg (KALEA). The following terms and conditions of use and operation apply to the entire use of the App. Users of the app confirm that they have read the following terms of use and agree to them. References to persons refer equally to both genders.

2. Terms of use

Persons who have reached the age of 16 are entitled to use the facility.

3. Operation and description of the App

The app offers a platform for beer rating. With the app, the user can view ratings for various beers, but also rate beers themselves. At the same time, the app lists what the user has rated and how, thus providing statistics on user behavior.

4. Note on fees

The user is responsible for the use of the application and for the fact that third parties may charge for the use of the application (such as Internet or call charges). Roaming charges may also apply when using the application abroad. To avoid additional costs, the user should first make sure that data roaming is disabled in the settings (Settings > General > Network) before traveling abroad. If data roaming is disabled, you can be sure that the device will not automatically connect to the Internet via the mobile network. All charges are the responsibility of the user.

5. Links

In the case of links, KALEA does not identify with the content of the linked pages. KALEA has no influence on the current and future design, content or authorship of the linked pages. Therefore, no liability is assumed for them. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable. At the time of setting the link, the content of the linked page was inconspicuous. Should any of the linked pages contain questionable content, please inform us. In this case the link will be deleted.

6. Availability

The availability and function of the app depend on the operation and utilization of telecommunications equipment and servers, over which KALEA has no control. In this respect, it cannot be guaranteed that the app will be available at all times and in full, that all content will be permanently accessible and that all functions will be available around the clock. The user has no claim to availability and no claims whatsoever arise for him in the event that the app is unusable. Nevertheless, KALEA endeavors to enable the highest possible availability of the app and the associated functions.

7. Liability

All contents of the app have been carefully checked. Notwithstanding this, KALEA cannot guarantee the accuracy, completeness and timeliness of the information or the constant availability of the offer. Insofar as third-party services are integrated into the offer, the responsibility for such services lies exclusively with the third parties. In principle, KALEA is only responsible for content that it has created, published and distributed itself. Liability is generally excluded, except in cases of intent or gross negligence. This applies in particular to damages that may result from errors, delays, or interruptions in transmission, incorrect content, loss or deletion of data, viruses, or in any other way when using the app. However, it does not apply to personal injury.

8. Intellectual property

All contents of the app – in particular texts, images, logos, designs and graphics – are protected by copyright and are the intellectual property of KALEA. Any exploitation within the meaning of the UrhG (e.g. duplications, adaptations, publications) is only permitted with prior written consent.

9. Modification of the terms of use

KALEA reserves the right to change these terms of use at any time. In this case, the amended terms of use shall be deemed approved if the user does not object within 4 weeks. The user is advised that objection will result in the user no longer being able to use the app.

10. Duties of the user

The user undertakes to use this app exclusively in accordance with these conditions. In particular, the user is prohibited from:

  • to offend common decency with its usage behavior;
  • to violate industrial property rights, copyrights, personal rights, property rights or other rights of third parties;
  • to post content containing viruses, Trojan horses or worms or to carry out any other programming or reverse programming that may alter or damage the software;
  • enter, save or send hyperlinks or content to which he is not authorized, especially if such hyperlinks or content violate confidentiality obligations or are illegal;
  • to distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like, or to invite participation in lotteries, snowball systems, chain letters, pyramid games and similar promotions;
  • to transfer the App or parts thereof to data exchange platforms (except for backup purposes).

11. Consequences of a violation / exclusion from use

If the user violates these Terms of Use, he or she may be excluded from using the app or individual functions. If the violation results in damages, KALEA is entitled to claim damages.

12. Choice of law, place of performance, place of jurisdiction

Subject to mandatory consumer protection regulations, this contract shall be governed exclusively by Austrian law with the exclusion of the UN Convention on the Sale of Goods.
Place of jurisdiction is 5020-Salzburg, Austria. For disputes arising from or in connection with these terms and conditions, the competent court of the provincial capital Salzburg, Austria, shall have jurisdiction. This does not apply to consumers. For consumers, the place of jurisdiction shall be the user’s place of residence, habitual abode or place of employment, provided that these are located in Austria.

13. Severability clause

If individual provisions of these Terms of Use are invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a legal provision intended for this purpose. The same applies to any loopholes.

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