1.1 The Pocket Lifestyle IT-Solutions GmbH d/b/a Fretello, Industriezeile 35, 4020 Linz, Österreich (hereinafter referred to as “Fretello”) operates websites and mobile apps (together the “Products”) under the name “Fretello”, aiming to connect, and create new opportunities for people who are, or want to, learn a musical instrument.
1.2 Fretello takes data privacy very seriously and wants to reveal openly and transparently how this topic is dealt with.
1.3 In compliance to the EU General Data Protection Regulation (GDPR), effective as of May 25th 2018 Fretello (i) makes it easier for the user to understand which data the Products collect and how they are used, (ii) gives the user increased control over its data, and (iii) provides the user with detailed explanation of its rights as a user.
2.1 GDPR Compliance
Fretello processes personal data when the user uses the Products. The processing of the user’s personal data takes place in compliance with the General Data Protection Regulation (“GDPR“) and the Austrian data protection act in its current form.
2.2 Scope and Purpose
The controller of data processing is Fretello. The user can contact Fretello at email@example.com.
3.2 Data Protection Officer
Fretello’s data protection officer can be contacted under firstname.lastname@example.org. Should the user have any questions regarding the processing of its personal data, the user shall not hesitate to contact him/her.
4 COLLECTED AND PROCESSED DATA
Fretello processes personal data that the user of Freello Products make available to Fretello, for example by using the Products, and that others provide to Fretello (“Data”).
4.2 User Provided Data
4.2.1 The user must provide Fretello with certain information (“Mandatory Information”) in order to sign up:
- email address or phone number;
- first and last name.
4.2.2 Certain information is optional (“Optional Information”) during registration and can also be added or deleted later on by the user, such as:
- personal information: profile picture;
- reason and motivation: music level, motivation for making music.
4.2.3 Music activity related information is provided by using the Products, such as:
- music activities: e.g. start time, genres practiced and practice duration;
- personal goals: e.g. skill and genres to learn;
- music workout information: e.g. start date, training plan, associated music activities.
4.2.3 Fretello uses payment providers (e.g. Apple, Google) to process payments. Although Fretello does not store any credit card information itself, Fretello stores payment receipts that is given out by the respective provider and can be allocated to a person by that payment provider, as well as duration of the user’s subscription, price, currency, VAT (based on country info), and payment provider.
4.3 Data from Others
If the user registers a Fretello account via social login, Fretello will receive the following information:
- Facebook Inc. (1601 South California Avenue, Palo Alto, CA 94304, USA, “Facebook”): First and last name, email address, gender, birthdate, profile picture;
- Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA, “Google”): First and last name, email address, gender, birthdate, profile picture.
4.4 Service Use
4.4.2 For Apps on iOS and Android Fretello uses Google’s Google Analytics for Mobile (for more information see here). User data is transmitted in an anonymized form to Google. The Products use identification for mobile devices, including the Google Advertising ID (“GAID”) and the ID for Advertising for iOS (“IDFA”), as well as technologies similar to cookies for the use execution of the Analytics for mobile service.
4.4.3 Fretello uses Google Analytics to analyze and constantly improve the use of the Products. Through the statistics, Fretello is able to improve its services and make them more interesting for users. In those special cases in which personal data is transmitted to the USA, Google is certified via EU-US privacy shield. The basis for the processing of Data is Fretello’s legitimate interest.
4.4.5 For Apps on iOS and Android Fretello uses Facebook Analytics (for more information see here). This allows Fretello to track and analyze which marketing channels or sources, in connection with Facebook, are producing the best results for directing users to download the Products and to help Fretello understand how its users are using its apps. For this purpose, Facebook Analytics processes mobile identifiers such as the IDFA, GAID or similar mobile identifiers. For more information on Facebook Analytics, see here. The basis for the processing of Data is Fretello’s legitimate interest.
4.5 Cookies and Similar Technologies
4.5.1 The Website uses ‘cookies’ – small text files that are placed on the user’s computer, mobile device and/or stored by the browser. The basis for the processing of Data via cookies is Fretello’s legitimate interest.
4.5.3 The Products include social media plug-ins, such as (i) Facebook; (ii) Google +, 1600 Amphitheatre Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; and (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, CA 94041, USA.
4.5.5 FRETELLO IS NOT RESPONSIBLE FOR THE USE OF, OR GUIDELINES REGARDING THE USE OF, PERSONAL DATA BY THIRD-PARTY PROVIDERS.
4.5.6 Users may recognize the respective plug-ins of third parties, e.g. by the respective logo or other characteristics typical for the respective social media platform. The user can find an overview of Facebook plug-ins here. The user can find an overview of Google+ plug-ins here. The user can find an overview of Twitter plug-ins here.
4.5.8 If users do not want to have the respective social media platform associate their visits to this Website with their social media account, users must log out from their social media account.
4.5.9 The Products do not recognize or respond to browser-initiated Do Not Track signals. To learn more about Do Not Track signals, visit https://allaboutdnt.com.
4.6 Device and Location Information
When a user visits or leaves theProducts, Fretello receives
- the URL of both the site the user came from and the one the user goes to next, as well as date and time stamp and time zone;
- IP address, access status/HTTP status code;
- transmitted data volume;
- proxy server, operating system, web browser (including language and version of the browser software) and add-ons;
- device identifier and features; and/or
- ISP or the user’s mobile carrier.
5 DATA PROCESSING PURPOSES
5.1 Operating the Products
5.1.1 Fretello processes user data to be able to provide the user with a seamless user experience when using the Products to operate the Products and provide the services, including to
- authenticate user access to an account;
- track and display the user’s music activities; and
- show the user’s progress and statistics.
5.1.2 Fretello may use the information the user has shared within the Products to suggest connections between the user and people it may know.
5.1.3 Fretello processes data to investigate, respond to requests, and resolve complaints and service issues, e.g. to contact the user about a question it submitted to the customer service team.
5.2 Business Needs
5.2.1 Fretello processes Data to manage its business needs.
5.2.2 Fretello processes Data to monitor, analyze and improve the use of its Products, as well as protect the security or integrity of the Products, and their performance and functionality. For example, Fretello analyzes user behavior and performs research about the way the user uses Fertello Products.
5.2.3 Fretello processes Data, including public feedback, to conduct research for the further development of the Products, in order to provide the user and others with a better, more intuitive and personalized experience, and drive user growth and engagement in the Products.
5.2.4 Fretello targets and measures the performance of ads to registered users and visitors directly or through DFP (see 4.4 above) using the following data, whether separately or combined:
- activity data (e.g. music genre).
5.2.5 Fretello processes Data to deliver (tailored) marketing materials about the Products and online services to users.
5.2.6 With the user’s explicit consent Fretello will send the user marketing emails or push messages with information on music related topics. Fretello will ask the user to confirm its email address before the user receives any marketing emails.
5.2.7 Fretello would like to inform the user that it assesses user behavior when reading the emails with the help of so-called web beacons or tracking pixels. The information created by this is then linked to the information collected in 4.6, the user’s email address, and an individual ID. With this merged information, Fretello can create a user profile to personalize its marketing emails / push messages. Fretello collects data on when the user reads Fretello emails, or which links the user clicks and combines this with the user’s actions in the Product.
5.2.8 Fretello stores and uses Data for the purpose of email marketing or marketing on the Website by Fretello. The user can revoke its consent to the marketing emails and push messages at any time, by clicking the link at the end of the email or changing its privacy settings concerning push messages. Fretello stores the tracking information as long as the user is subscribed to Fretello’s marketing emails.
5.2.9 The user might see marketing messages (ads) on the platforms listed below if the user gives Fretello its explicit consent to share the user’s advertising identifier (IDFA, GAID) with those platforms. In addition, other users who have similar characteristics to the user on those platforms could see marketing messages on those platforms as well (i.e. Facebook Lookalike audience). An opt-out is possible at any time in the user’s privacy settings. It may take a few days after the opt-out until the user is removed from all audiences. List of other platforms: Facebook, Instagram, Google, YouTube.
5.3 Compliance and Enforcement
5.3.1 Fretello processes Data to comply with Fretello’s obligations and in compliance with all applicable laws and regulations.
6 SHARING OF PERSONAL DATA
6.1.1 Fretello shares Data with third parties
- if this is necessary, for the Purposes,
- due to a request from a national authority,
- due to a court ruling,
- if required by law,
- if necessary to investigate and defend ourselves against any third-party claims or allegations,
- to exercise or protect the rights and safety of Fretello, its members, personnel, or
- if the user has (explicitly) consented beforehand.
6.1.2 Fretello attempts to notify the user about legal demands for its Data when Fretello thinks it is appropriate, unless prohibited by law or court order, or when the request is an emergency. Fretello may dispute such demands when Fretello believes that the requests are overbroad, vague or lack proper authority.
6.2.1 Fretello lets the user connect to third-party services. For example, to enable the user to connect other accounts to the user’s profile or for sharing the user’s activities with friends.
6.2.2 The user can decide to share finished practice sessions via Facebook, Twitter, WhatsApp or any other messenger service the user may use on its mobile device. Please note that Fretello does not have any influence on, or knowledge of the scope and the further use of the Data by the respective messaging service, and cannot take any responsibility for the use of the user’s Data by the respective messaging provider. Please see the messaging service’s respective privacy policies for details.
6.3 Service Providers and Other Third Party Services
6.3.1 Fretello shares Data to others, who help Fretello provide and improve its Products (e.g. maintenance, analysis, audit, payments, fraud detection, marketing, and development). Service providers will have access to the user’s information as reasonably necessary to perform these tasks on the user’s behalf and are obligated not to disclose or use it for other purposes. Fretello uses processors such as Customer.io, Google, Facebook or Amazon Web Services, Inc.
7 DATA STORAGE PERIODS
7.1 Storage Periods
Fretello stores Data as long as the user is a registered user of the Products. Beyond that, Fretello only stores Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
7.2 Account Deletion
7.2.1 If the user decides to delete its account, all Data Fretello has about the user will be deleted, except for Data required for Fretello’s performance of contractual obligations or compliance with statutory retention obligations shall not be deleted, but minimized or to the necessary extent.
7.2.2A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.
8 USER RIGHTS
8.1 Exercising User Rights
To exercise the user’s rights defined in sections 8.2 to 8.8, the user shall send a request via email to email@example.com or via mail to the postal address.
8.2 Revocation of Consent
The user can revoke its consent – in those cases where consent for processing is necessary – for future data processing at any time. However, this does not affect the lawfulness of Data processing based on the consent before the revocation. In certain cases, Fretello may continue to process the user’s information after the user has withdrawn consent, if the user has another legal basis to do so or if the user’s withdrawal of consent was limited to certain processing activities.
8.3 Right of Access
The user has the right to obtain (i) confirmation as to whether or not its Data is being processed by Fretello and, if so, (ii) more specific information on the Data. The more specific information concerns, among other things, processing purposes, categories of Data, potential recipients, or the duration of storage.
8.4 Right to Rectification
The user has the right to obtain the rectification of inaccurate Data concerning the user from Fretello. In case the Data processed by Fretello is not correct, Fretello will rectify these without undue delay and inform the user of this rectification. Please note that (i) the user can rectify much of its information in the settings and (ii) it is not technically possible for Fretello to rectify all kinds of data in the Products.
8.5 Right to Erasure
The user has the right to delete Data Fretello stores about the user. Should the user decide to do so, the user shall go to its user profile and delete its account there. If the user is unable to do this, the user shall contact Fretello via firstname.lastname@example.org. As a safety measure, Fretello will send the user an email in order to confirm this deletion. Fretello will delete the user’s Data after this confirmation. Please note that the user’s phone may still have Data stored on it after deletion of the user’s account.
8.6 Right to Restriction of Processing
The user has the right to obtain a restriction of processing of its Data from Fretello in the following cases:
- the user makes an inquiry pursuant to para. 8.4, if the user so requests;
- the user is of the opinion that the processing of its Data is unlawful, but are opposed to an erasure of Data;
- the user still requires the Data for the establishment, exercise or defense of legal claims; or
- the user has objected to the processing pursuant para. 8.8.
8.7 Right to Data Portability
The user has the right to (i) receive a copy of its Data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from Fretello. The user can request a copy of its Data via email@example.com.
8.8 Right to Object
The user has the right to object at any time to the processing of Data for which Fretello’s legitimate interests are the legal basis, including profiling based on those provisions. The user also has the right to object to the processing of Data for direct marketing purposes.
8.9 Right to File a Complaint
The user has the right to file a complaint with its local supervisory authority if the user thinks that the processing of Data infringes the applicable law.
9 FURTHER IMPORTANT INFORMATION
9.1 Legal Bases
9.1.1 Data protection laws regulate that Fretello is only allowed to collect and process the user’s Data if Fretello has lawful bases for processing. The lawfulness of processing of Data stems from:
- the user’s (explicit) consent in cases where the user has given (explicit) consent to the processing;
- the necessity for the performance of the user’s contract, e.g. where Data is needed for a satisfactory use of the Products; or
9.1.2 Fretello’s legitimate interests include protecting the user, Fretello, or others from security threats or fraud, complying with all applicable laws, managing and improving Fretello’s business (e.g. customer service, reporting) including possible corporate transactions (e.g. M&A), enabling users to share their and connect via their music experiences, and express all music-related opinions.
9.2 Security Measures
Fretello is committed to protecting the user’s Data and implements appropriate technical and organizational security measures to protect it from any unauthorized or unlawful processing and against any accidental loss, destruction, or damage. Those security measures are constantly revised to comply with the latest technological developments.
10.2 Material Changes
If Fretello makes material changes to it, Fretello will provide notice directly in its Products, or by other means (e.g. via email), to offer the user the opportunity to review the changes before they become effective. Material changes could, for example, include further tracking, profiling, and analytics services. Should the user’s consent be necessary, Fretello will ask for it before the changes become effective. If the user objects to any changes, the user may need to close its account as it might not function properly.
Last updated: May 25th, 2018