magicplan App Privacy Policy

Privacy Policy for the App „magicplan“

1. Responsible data controller

The responsible data controller for the “magicplan” app is Sensopia Inc., 434 rue Sainte Hélène, Montreal, QC H2Y 2K7, Canada („Sensopia“). Sensopia and its affiliated company, enapt GmbH, Dietrich-Bonhoeffer-Str. 14, 83043 Bad Aibling, Germany („enapt“) are partly jointly responsible. In this respect, the companies have defined in an agreement which of them fulfils which data protection obligation. The essential content of this agreement is available to you from Sensopia or enapt on request.

If you have any question, please do not hesitate to contact Sensopia’s data protection officer:

Dominik Fünkner von datenschutzexperte.de
PROLIANCE GmbH
Leopoldstr. 21
80802 München
Germany
Email: datenschutzbeauftragter@datenschutzexperte.de

2. What qualifies as personal data?

Personal data means information relating to an identifiable natural person, such as your name, e-mail address, telephone number, postal address or the IP address of your computer.

3. What data do we use for what purposes?

In the following we explain which personal data we process. As far as such data is processed or stored, this occurs on your smartphone and /or in a IT environment.

Unless it is explicitly stated otherwise in the following sections the legal basis for this processing of data is Art. 6 (1) b) GDPR (performance of a contract).

3.1 Technical communication data

We collect and use personal data which your smartphone automatically transmits to us and which is used for communication with your smartphone. These are in particular

  • the name of the device
  • the operating system and app version
  • the mobile phone provider
  • different identification numbers in order to be able to uniquely assign the device to you
  • the time of occurrence of app disturbances for troubleshooting, and
  • the IP address assigned to you.

3.2 Tracking Information

We also use tools to collect “tracking information” which can be used to track your usage of the app. This involves the following information:

  • Which pages and contents of our app did you visit and view when, how often and in which order,
  • which entries do you make within the app,
  • which device functions of your smartphone are available and activated,
  • what is the connection speed to the internet,
  • what changes are detected by the motion sensors of your smartphone,
  • which other apps do you have installed,
  • which location do you have when using our app (localization),
  • which photos did you take (camera data)

Both the localization and the possibility of taking photos are optional features that serve the functional diversity of our app (see section 6).

The legal basis for the associated processing of your personal data is Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in constantly and profitably improving the content, functionality and attractiveness of the app by analyzing your usage) as well as Art. 6 (1) b) GDPR (performance of a contract) and Art. 6 (1) a) GDPR (your consent).

4. Registration

In order to be able to use the functions of this app, you must set up a personal user account (hereinafter “account”). You can store your personal information (e.g. floor plans) in the account.

In order to set up a personal account, users must enter their email address and a freely selectable password, which at the same time serve as an access code for the account. With the same access data, the user can also log on the magicplan cloud, which is part of the app, at https://cloud.magic-plan.com/login.

After successful registration, the user automatically receives confirmation by e-mail. In this way, the user concludes the contract for the provision of the account with us. In addition, users can store their personal contact details in their account and update these details at any time.

Unless you “log off” by clicking, so-called persistent cookies are stored on your terminal device, which serve to ensure that the user does not have to log on again during subsequent visits to the app.

The legal basis for the associated processing of your data and for the display of corresponding information in the App is Art. 6 (1) b) GDPR (performance of contract) or Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in providing users with a simple and customer-friendly user experience).

The user can terminate his / her contract for the provision of the account at any time and without giving any reasons. The easiest way to do this is by clicking in your user account in the app or by sending an informal email to support@magicplan.app.

5. Processing of orders

We also offer you the opportunity to purchase products in our app (e.g. floor plans, standard or business subscriptions). Sensopia does not process any personal data in connection with the purchase of these products. The data you enter for electronic payment processing will only be collected by the relevant App store.

For more information on the processing of data in the App Stores, please refer to their privacy statements:

The legal basis for the associated processing of your data is the fulfillment of the contract with your App Store, Art. 6 (1) b) GDPR (performance of contract).

6. App permissions

In order to provide you with the functionalities of the app, the app must be able to access various functions and data on your mobile device.

For this purpose, it is technically absolutely necessary that you grant the app the following access permissions for the purposes described in each case. Otherwise, the app is not fully usable for technical reasons. The reason for this is that the permission settings in smartphone operating systems are usually programmed in such a way that some authorizations can only be granted or requested together and not in the form of individual partial authorizations. Therefore, Sensopia is dependent in such cases on requesting the entire authorization from customers, even if only part of it is required and used specifically.

In the following, we will inform you about the permissions required by this app, whereby we will only use these to the extent required in each case, even if an authorization technically includes more.

The legal basis for the associated processing of your data is Art. 6 (1) b) GDPR (performance of contract) respectively Art. 6 (1) a) GDPR (your consent).

6.1 Your location

Your consent to the collection of your current location is required for location-based services. If you give your consent, your device may use your GPS data, WLAN identifiers and/or Bluetooth to determine your location, depending on what you have activated.

In any case, the app only collects your location only if you have previously agreed to this in the corresponding device settings. For Android versions, consent is given after confirmation when downloading the app or in the device settings. For Windows Mobile and iPhone versions, consent is given in a dialog box when the app is first opened as well as in the device settings.

Right of withdrawal:
You are entitled to revoke your consent at any time for the future. Such revocation may be effected in the settings of the app under “Preferences -> Send data to improve magicplan”.

The legal basis for location processing is Art. 6 (1) a) GDPR (your consent).

6.2 Card functionality

Our app allows you to display your location on a map, provided you have consented to the collection of your location.

The app on the Android operating system uses the Google Maps service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), which receives your IP address to display the map. The legal basis for this is Art. 6 (1) f) GDPR (balancing of interests, based on our interest in offering you the most attractive app possible).

The relevant privacy policy of this third-party provider can be found at https://www.google.com/intl/de_en/policies/privacy/.

At https://www.google.com/intl/de_en/policies/technologies/product-privacy/ you can adjust privacy settings as desired.

The app on the iOS operating system uses a map service from Apple Inc. (1 Infinite Loop, Cupertino, CA 95014, USA). Apple will only receive your IP address after your consent by using the map service. The legal basis for this is also Art. 6 (1) f) GDPR (balancing of interests, based on our interest in offering you the most attractive app possible).

The privacy settings for this can be adjusted in the device settings of your end device.

6.3 Network Communication (full internet access)

This permission is needed to enable the app to establish a connection to us via the Internet and to communicate with us regarding the services you require.

The legal basis for the data processing associated herewith is Art. 6 (1) b) GDPR (performance of a contract).

6.3 Camera

Your consent to access your system-side camera is required so that you can digitize a room while using our app.

Right of withdrawal:
You are entitled to revoke your consent at any time for the future. Such revocation may be effected in the settings of the app under “Preferences -> Send data to improve magicplan”.

The legal basis for access to your system camera is Art. 6 (1) a) GDPR (your consent).

7. Flurry Analytics

We also use Flurry Analytics, an analysis service provided by Flurry, Inc. (282 2nd Street # 202, San Francisco, CA 94105, USA, hereinafter referred to as “Flurry”). Flurry Analytics uses Cookies stored on your smartphone or tablet PC that enable an analysis of your use of the app.

The information generated by Flurry Analytics about your use of this app will be transmitted to and stored by Flurry on servers in the United States. Flurry will use this information for the purpose of evaluating your use of the app, compiling reports on app activity for the app operators and providing other services relating to app activity and internet usage. Among other things, the following technical data is collected via Flurry: Ende device model, Flurry version number, operating system incl. version number, time stamp, app version, provider name, usage time and language setting, country code, time zone, network status, battery status, error reports.

As far as Flurry collects data related to the individual terminal device (MAC address, IMEI number, device identifier), these will be deleted immediately after collection and replaced by a Flurry-specific code. Sensopia receives the information obtained via Flurry in aggregated form, such as: e.g. number of users in a period, number of users per device type, period of use. Sensopia does not evaluate personal data.

It should be noted that there is currently no decision by the EU Commission that the USA generally provides an adequate level of data protection.

For more information on the handling of user data on Flurry Analytics, please see the Terms of Use https://developer.yahoo.com/flurry/legal-privacy/terms-service/?guccounter=1, or the Privacy Policy: https://policies.oath.com/us/en/oath/privacy/index.html.

The legal basis for the associated data processing is Art. 6 (1) f) GDPR, i.e. the processing is necessary for the perception of our legitimate interest in constantly improving the content, functionality and attractiveness of the app on the basis of the analysis of your usage behavior.

You can prevent the collection and transmission of data relating to your use of the app (including your IP address) to Flurry and the processing of this data by Flurry by selecting the opt-out option in the settings of the app under “Preferences -> Send data to improve magicplan”.

8. Amplitude

We also use Amplitude, an analysis service provided by Amplitude Inc. (501 2nd Street, Suite 100 San Francisco, CA 94107, USA, hereinafter referred to as “Amplitude”). Amplitude uses cookies that are stored on your smartphone or Tablet PC that enable an analysis of how users use the app.

The information generated by the cookie about your use of this app will generally be transmitted to and stored by Amplitude on servers in the United States.

Among other things, Amplitude collects the following personal data in the form of generic IDs: Terminal model, operating system incl. version number, time stamp, app version, time of use and voice stamp, country code, geo-information, possibly the mobile phone provider,

These data do not represent any personally identifiable information for Amplitude. IP addresses are not stored. Furthermore, we are not aware of any other data that Amplitude might be able to repersonalize. Amplitude does not make any efforts in this direction. Amplitude is certified under the US-EU data protection agreement “Privacy Shield” and thus undertakes to comply with EU data protection regulations.

The User ID, which stores Amplitude, is generated by Sensopia and enables Sensopia to understand user behavior. The User ID is an ID pseudonymized by Sensopia that is generated on demand and is not stored in our own database. A repersonalization of this User ID is theoretically possible if the algorithm is known, full access to the Sensopia database exists, considerable resources are used and fully automated machine-readable access to the amplitude user data exists. Sensopia has neither the ability nor the interest to access the user data stored at amplitude fully automatically and machine-readable. Sensopia uses the data stored at amplitude only via the user interface provided by Amplitude and only in aggregated form.

More information about the handling of user data at Amplitude can be found in Amplitude’s privacy statement: https://amplitude.com/privacy.

The legal basis for the associated data processing is Art. 6 (1) f) GDPR, i.e. the processing is necessary to fulfil our legitimate interest in constantly improving the content, functionality and attractiveness of the app by analyzing your usage behavior.

You can prevent the collection and transmission of amplitude data related to your use of the app (including your IP address) and the processing of this data by amplitude by selecting the opt-out-option in the settings of the app under “Preferences -> Send data to improve magicplan”.

9. Google Firebase

We also use Google Firebase (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, “Google”) to analyze overall usage, categorize user groups, and optimize our products. In some cases, the content of our app is also adapted to the measurement results. Google Firebase processes your data anonymously and in larger quantities together with data from other users – so that your individual data and measurements can no longer be assigned to you.

Google Firebase uses servers located in the EU for these services wherever possible. However, it cannot be ruled out that data may also be transferred to the USA. Google has joined the EU-US Privacy Shield, a data protection agreement between the EU and the US. If you want to know more about Google Firebase and data protection, click here: https://firebase.google.com/support/privacy/

You can stop the data transfer to Google by deactivating the built-in slider in the settings of the app under “Preferences -> Send data to improve magicplan”.

10. Facebook Pixel

Sensopia also uses Facebook Pixel of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

For this purpose, so-called Facebook pixels are integrated on our app. These pixels generate a checksum (hash value) from your usage data that is transmitted to Facebook, e.g. browser information. If available, the Facebook cookie is also addressed and your Facebook ID is transmitted. If you have a Facebook profile and log in there, you can be presented with targeted individualized advertising for Sensopia products and offers on the basis of the data transmitted by the pixels.

Data from users who do not have a Facebook profile is discarded by Facebook unused. For more information about the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your privacy settings, please refer to Facebook’s privacy policy at https://de-de.facebook.com/privacy/explanation.

The legal basis for the associated data processing is Art. 6 (1) f) GDPR, i.e. the processing is necessary to fulfill our legitimate interest in constantly improving the content, functionality and attractiveness of the app on the basis of an analysis of your usage behavior.

If you do not wish your data to be processed in this way, you can prevent Facebook from processing your data in the settings of the app under “Preferences -> Send data to improve magicplan”.

11. Adjust

In order to track and optimize marketing campaigns – to make sure no money is wasted and spent in a decent and proper way – Sensopia uses Adjust. The service provider Adjust GmbH is located in Berlin, Germany. Adjust facilitates the following services:

  • Identify loyal users of the magicplan app
  • Track individual installations in order to allocate the user behavior to a specific marketing channel
  • Identify advertising media which causes the installation of magicplan
  • Identify user actions related to marketing campaigns
 

In addition, Adjust sends data of identified events to the Google Cloud service of Sensopia:

  • Device ID and user ID created by Adjust
  • Installed version of magicplan and adjust SDK
  • Advertising ID (iOS only)
  • Android ID (android only)
  • MAC Address (hashed)
  • IDFA (identifier for advertisers)
  • iOS ID for vendors
  • Google Play Store advertising ID (android only)
  • User Agent of mobile device
  • Country code, region code, and language of mobile device
  • City and zip located by device IP address
  • Mobile network code to identify the carrier
  • Device IP
  • Device internet service provider
  • Device model number
  • Type of device and display size
  • Device operating system and version number
  • API level (Android only)
  • Device time zone
  • Type of event (user action)
  • Number and length of user sessions
  • Generated revenue of the user
  • ID and name of a marketing campaign which triggered the event

The legal basis for the associated data processing is Art. 6 (1) f) GDPR, i.e. the processing is necessary to fulfill our legitimate interest in constantly improving the content, functionality, and attractiveness of the app on the basis of an analysis of your usage behavior.

If you do not wish your data to be processed in this way, you can prevent adjust from processing your data in the settings of the app under “Preferences -> Send data to improve magicplan”.

12. Data Security

As far as this app communicates with Sensopia, this is done in encrypted form. Please note, however, that personal data stored locally on your device may be misused by third parties, e.g. if your mobile phone is stolen. We therefore recommend that you carefully secure your device accordingly, e.g. with a code lock.

If the app is uninstalled, all personal data in the app will be deleted.

13. External Service Providers

For certain activities in connection with the “magicplan” app, we use external services providers for data processing (e.g. data center operators). To the extent it is necessary these service providers also process personal data. Sensopia diligently selects and supervises its service providers. They process the data only in accordance with our instructions and are also bound by this privacy statement.

14. Retention Periods

We store personal data only as long as it is necessary for the purposes described herein, or as long as it is necessary to comply with statutory storage periods.

Automatically collected technical communication data and tracking information within the meaning of sections 3.1 and 3.2 will be deleted or anonymized after a period of 3 years at the latest.

15. Your rights

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

  • right of information,
  • right of rectification or deletion,
  • right to limitation of processing,
  • right to data portability.

You also have the right to complain to a data protection supervisory authority about our processing of your personal data.

August 2019


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