Privacy Policy

LYNQ GmbH & Co. KG, Josephinenstr. 17, 40212 Düsseldorf, Germany (hereinafter referred to as "LYNQ", "we" or "us") offers a geotracking-based social media app (user software) with an associated database, hereinafter referred to as the Service. The service enables its users to get in touch with other users in the area for private or business purposes via mobile app.

With this privacy policy, we would like to inform you about how your data is processed in our service, when using our website and the app. Your data is processed in compliance with the applicable data protection regulations.

With regard to the terms used in the privacy policy, we refer to Art. 4 GDPR.
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1. Responsible persons

LYNQ GmbH & Co. KG
Josephinenstr. 17
40212 Düsseldorf
Germany
Email: info[a.t.]lynq.me


2. Legal bases of the processing

Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) GDPR serves as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for compliance with a legal obligation to which we are subject, Article 6(1)(c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.

In the event that processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, Article 6(1)(e) GDPR serves as the legal basis.

If processing is necessary for the purposes of the legitimate interests pursued by us or by a third party and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, Article 6(1)(f) GDPR serves as the legal basis for processing. Our legitimate interest lies in the performance of our business activities.


3. Collection of general data and information

In order to operate our geotracking-based social media app and to be able to offer products and services described on the LYNQ website, in particular at www.lynq.app and www.lynq.me, we request some information from you and automatically collect data about your use of the LYNQ app. In addition, we request the release of the location data of the mobile device (e.g. smartphone) if this is activated via the LYNQ app and required for benefits and services. These data protection provisions regulate which personal data we may collect from you and what we will or will not do with this data.

a. How we collect and process personal data
When you register for a LYNQ account or log in to a website operated by LYNQ and/or otherwise purchase products and services from us, we may ask you for certain data, such as first name, surname, telephone number, e-mail, employer, job title, industry, languages spoken, hometown, profiles on the Internet (such as your own website, Instagram, Facebook, LinkedIn, etc.), photos, interests, etc. We also collect location data via the smartphone.
 
In addition, when you use the LYNQ app and LYNQ services, we automatically receive information about your use of the application, the service and the website, including information such as, of course, your current location, requests you make, the URL of the website from which you use or access the service, the date and time of your request, your Internet Protocol address (IP address), the performance of your network and computer, your browser type, language and identification data, your software version and your operating system. User name and password are neither collected nor stored - validation/login takes place via an SMS code sent to the mobile phone number provided.

We use your personal data to (a) provide the products and services you have purchased or requested as described in the LYNQ Terms of Use and to display customized content and advertising, (b) communicate with you regarding your account, customer service and LYNQ products and services, (c) personalize and improve the LYNQ App, -(d) to develop and introduce new products and services, (e) to send you invoices or payment confirmations, (f) to make your profile visible to other users in the LYNQ App, and (g) as otherwise described in this Privacy Policy.

In addition, other LYNQ users may be able to use the service to search for and/or view your LYNQ profile and the information contained therein. Depending on your membership (see also GTC), you can set different restrictions regarding what is displayed to which user groups (e.g. location and distance) under "Settings" in the LYNQ app. By default, all information in your LYNQ profile is publicly accessible to all users of the service.

b. Disclosure of information
Without your express prior consent, LYNQ will only share your personal data with third parties (including LYNQ affiliates) for the purposes set out below or to the extent necessary to:

• Enforce the terms of the LYNQ Terms of Use and Premium Membership;

• Comply with laws and regulations, requests from governmental or administrative authorities, including but not limited to prosecutors, police or courts, or respond to litigation;

• To allow a change of ownership of LYNQ and the related transfer of all personal data to the new owner, while in any case remaining protected in accordance with this Privacy Policy;

• To carry out the review of promotional activities;

• Allow us to conduct surveys to measure your experience and use of our services by others, who are prohibited from using the data for any other purpose;

• To allow us to share aggregated statistics (in aggregate and/or anonymized form) about the use of the LYNQ App and Software and our Services with our business partners;

• To perform a credit check, to issue invoices and to execute payment orders initiated by you.

 
c. Further processing during and through the use of our offers
In some cases, access to certain third-party products and services offered or advertised through the LYNQ application software or website may also require you to provide your personal data to third parties, such as our business partners. This will be indicated as part of the registration process, in the terms of use or privacy policy of the relevant business partner, by the request to log in or register, or in a similar manner. The use of this information by the third party is subject to its data protection provisions. Please consult the respective privacy policies of our business partners to ensure how the personal data you provide is processed there. If you do not agree to your personal data being used in this way, you should refrain from registering for the relevant products or services.
 
d. Transfer of personal data to other countries
We process your personal data on servers in Germany and, with your consent, also on servers outside your home country. We also process it there or outsource the processing to third parties based in these countries, including countries outside the European Economic Area. When this happens, however, we ensure compliance with these data protection regulations and the applicable law. Insofar as we offer parts of our services via third parties, e.g. Amazon Web Services (AWS), they act as our processor and we have concluded a Data Processing Agreement (DPA) which ensures that AWS, for example, complies with the data protection standards required for the processing of our users' data.

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4. Rights of the data subject​

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In accordance with Art. 15 GDPR, you have the right to request information about the personal data processed by us.

In accordance with Art. 16 GDPR, you have the right to rectification of inaccurate data or completion of incomplete data. In accordance with Art. 17 GDPR, you can also request the erasure of your data on the grounds specified therein. If erasure is not possible, the processing of your personal data must be restricted in accordance with Art. 18 GDPR. In accordance with Art. 20 GDPR, you have the right to receive your data in a structured, commonly used and machine-readable format and to transmit those data to another controller. Art. 77 GDPR gives you a general right to lodge a complaint with the competent supervisory authority.

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5. Right of withdrawal

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In accordance with Art. 7 para. 3 GDPR, you can revoke your consent given to us at any time with effect for the future.You can withdraw your consent using the contact details above.

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6. Right of objection​

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You can object to the processing of your data, which is collected and processed on the basis of a legitimate interest, at any time in accordance with Art. 21 GDPR.To object, please use the contact details above.

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7. Use of cookies

Cookies are small data packets that are transferred between us and the user. The data is transferred from our server to the user's browser and stored there on the end device for later retrieval. Cookies do not cause any damage to the user's device and do not contain viruses.

In order to make the visit to our website attractive and to enable the use of certain functions, we use cookies on our website out of legitimate interest in accordance with Art. 6 para. 1 lit. f. DSGVO cookies.

The cookies can be transmitted to a page when it is called up and thus enable the user to be assigned. Cookies help to simplify the use of websites for users. We use cookies for this area that contain the session ID. Our cookies remain on your end device and enable us to recognize your browser on your next visit.

When visiting our website, your browser can be set so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Cookies that have been set can be deleted there. Please note that if you do not accept cookies, the functionality of our services may be restricted.

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8. Apple App Store / App Store Connect

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The Apple App Store is a platform used by Apple Inc. for the distribution of mobile apps. Our service is also distributed via the Apple App Store.

On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of the contract pursuant to Article 6(1)(b) GDPR, user ID, diagnostic data, unique device identifier for advertising, purchase history, usage data, product interaction, search history, tracker, identifier for vendor (IDFV), universally unique identifier (UUID) are passed on for this purpose.

App Store Connect allows us to control and manage our application in the Apple App Store. App Store Connect gives us access to data about user interactions, app discoverability, marketing campaigns, sales, in-app purchases and payments in order to draw conclusions about the performance of the app. This data is only collected by App Store Connect if users have given their consent to share this information with the provider.

For more information about Apple's privacy practices and your rights and settings options to protect your privacy, please see the privacy policy at https://www.apple.com/de/legal/privacy/.

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9. Google Play Store / Google Play Console

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The Google Play Store is a platform used by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) for the distribution of mobile apps. Our service is also distributed via the Google Play Store.
 

On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of a contract pursuant to Article 6(1)(b) GDPR, user ID, diagnostic data, unique device identifiers for advertising, purchase history, usage data, product interaction, search history, tracker, identifier for vendor (IDFV), universally unique identifier (UUID) are passed on for this purpose.
 

With the Google Play Console, we can control and manage our application in the Google Play Store. Google Play Console gives us access to data about user interactions, app discoverability, marketing campaigns, sales, in-app purchases and payments in order to draw conclusions about the performance of the app. This data is only collected by Google Play Console if users have given their consent to share this information with the provider.

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The use of Google Play Store / Google Play Console is in compliance with the General Data Protection Regulation. We have concluded an order processing contract with Google in accordance with Art. 28 GDPR. Data is transferred to the USA on the basis of standard contractual clauses and additional security measures.

Further information on data processing by Google can be found here: https://policies.google.com/privacy.

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10. Google Analytics

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On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we use Google Analytics to analyze our offers. The legitimate interests here consist in the needs-based design and continuous optimization of our online offering.

Google Analytics is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand, so that it is no longer possible to clearly assign the IP address. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

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Google Analytics is used in compliance with the General Data Protection Regulation. We have concluded an order processing contract with Google in accordance with Art. 28 GDPR. Data is transferred to the USA on the basis of standard contractual clauses and supplementary security measures.

Further information on data processing by Google can be found here: https://policies.google.com/privacy.

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10. Integration of Google Maps / Google Places

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If we use Google Maps and/or Google Places, we can display interactive maps directly to you and enable you to use the map function conveniently. By visiting this area, Google then receives the information that you have accessed this subpage of our website. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually in the settings of their mobile devices). This takes place regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account.

If you do not wish to be associated with your profile on Google, you must log out. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

Google Maps is used in compliance with the General Data Protection Regulation. We have concluded an order processing contract with Google in accordance with Art. 28 GDPR. Data is transferred to the USA on the basis of standard contractual clauses and supplementary security measures.

Further information on data processing by Google can be found here: https://policies.google.com/privacy.

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11. PayPal

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We offer PayPal, among others, as a payment option for processing payments on our website. PayPal is an online payment service provider that belongs to PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg). Using PayPal allows you to make payments quickly and securely.

If you decide to use PayPal as a payment method, we will transmit personal data to PayPal. The data typically transmitted includes

• Name

• Address

• E-mail address

• Phone Number

• IP address

• Transaction amount

• Other data required for payment processing.

This data is transmitted for the purpose of payment processing and fraud prevention. PayPal uses this data to process the payment and to analyze payment transactions in order to detect and prevent fraud. This processing of your data by PayPal is based on Article 6(1)(b) GDPR. PayPal may transfer personal data to subsidiaries and other affiliated companies or service providers that may be located outside the European Economic Area (EEA). PayPal ensures that when data is transferred to countries outside the EEA, appropriate safeguards are taken in accordance with data protection requirements, such as standard contractual clauses.

For more information about PayPal's privacy practices and your rights and settings options to protect your privacy, please see PayPal's privacy policy at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

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12. SMS service Vonage​

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Vonage's SMS service enables us to send SMS messages to our users for various purposes, in particular it enables us to offer a secure login procedure. On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of a contract pursuant to Article 6(1)(b) GDPR, the telephone number provided by the user and an individually generated login code are passed on for this purpose.

By entering their telephone number users agree to receive text messages from LYNQ.

For more information on Vonage's data protection practices and your rights as well as setting options to protect your privacy, please refer to the privacy policy at https://www.vonage.com/legal/privacy-policy/-

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13. ChatGPT

We use ChatGPT to create individual introduction texts in user profiles. On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of a contract pursuant to Article 6(1)(b) GDPR, the following information is passed on for this purpose:

- Name

- Profession

- Hometown

- Current location

- Distance between users

- Languages

- Professional fields of action

- Favorite activities

- Favorite places to visit

- LYNQ contact list

- External / social links

For more information about ChatGTP's privacy practices and your rights and choices regarding your privacy, please see the Privacy Policy at https://openai.com/de-DE/policies/privacy-policy/​.

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14. Stream.io

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We use Stream.io to enable messages between users and to provide notifications in the app. On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of the contract pursuant to Article 6(1)(b) GDPR, the following information is passed on for this purpose- User ID- Content of messages received and sent (text and/or images)- Content of the notification (so-called “notification”)

For more information on Stream.io's data protection practices and your rights and privacy settings, please refer to the privacy policy at https://getstream.io/legal/privacy/.

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15. Amazon Web Services (AWS)

Our LYNQ application is hosted on the Amazon Web Services (AWS) cloud platform. AWS is a service provided by Amazon Web Services, Inc, 410 Terry Avenue North, Seattle WA 98109, USA.

We have chosen AWS because this platform offers high security standards and reliability. AWS is certified according to internationally recognized standards such as ISO 27001, SOC 1, SOC 2 and SOC 3, which guarantees a high level of security and compliance.

Data is processed and stored on AWS servers within the European Union. This ensures that all data is handled in accordance with the EU's strict data protection regulations, including the General Data Protection Regulation (GDPR).

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On the basis of legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR and for the performance of the contract pursuant to Article 6(1)(b) GDPR, the following personal data is stored and processed on the servers of AWS
- Name
- Occupation
- Home town
- Current location
- Distance between users
- Languages
- Fields of activity
- Favorite activities
- Favorite places
- LYNQ contacts
- External / social links
- photos
- Geo data
- Phone number
- Individual invitation codes
- Membership
- Available and used LYNQ requests
- Usage data of the application
- Messages from / between users
- Message from users including reasons
- Apple IDFV (ID of the app on a device)

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This data is used for the following purposes:
- Provision and optimization of our LYNQ application
- Processing of orders and payments
- Communication with users
- Improving user-friendliness and customer satisfaction
- Security and protection against misuse

We do not pass on any personal data to third parties unless this is necessary to fulfill our contractual obligations or required by law. AWS has no access to the data stored by us and only processes it in accordance with our instructions.

Data processing takes place on AWS servers in the European Union. AWS acts as our processor in accordance with Art. 28 GDPR. The processing is carried out on the basis of standard contractual clauses that ensure an appropriate level of data protection. AWS has also implemented extensive security measures to protect your data.

Further information can be found in the AWS privacy policy: https://aws.amazon.com/de/privacy/.

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17. MongoDB

Our app uses MongoDB, a cloud database service provided by MongoDB, Inc. to securely and efficiently store and manage user data.

We use MongoDB to store user data and communication data required for the provision and functionality of the app. Technical and organizational measures are taken to ensure the security and protection of the data.

Data processing takes place on MongoDB servers in the European Union. MongoDB acts as our processor in accordance with Art. 28 GDPR. Processing is carried out on the basis of standard contractual clauses that ensure an adequate level of data protection. MongoDB has also implemented extensive security measures to protect your data.

Further information can be found in MongoDB's privacy policy: https://www.mongodb.com/legal/privacy/privacy-policy.

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18. Facebook SDK

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Our app uses the Facebook SDK, a software development kit provided by Meta Platforms, Inc. (formerly Facebook, Inc.). The Facebook SDK allows us to integrate features such as user logins, analytics and content sharing via Facebook.

When using the Facebook SDK, data may be transferred to Meta in the USA and processed there, including information such as
- Technical data (e.g. device type, operating system, app version)
- Usage data of the app (e.g. functions accessed)
- Information on the use of Facebook functions within the app (e.g. login via Facebook, interactions with Facebook content)

This data can be used by Meta to provide services, analyze app usage and display personalized advertisements.

Meta is certified under the EU-U.S. Data Privacy Frame-work (DPF), which ensures an adequate level of data protection in accordance with the standards of the European Union.

Meta acts as our processor in accordance with Art. 28 GDPR. In addition, Meta has implemented extensive security measures to protect your data.

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The processing of data via the Facebook SDK is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR, which you give when you start the app. You can revoke this consent at any time with effect for the future by changing the corresponding settings in the app or by contacting us.

Further information can be found in Meta's privacy policy: https://www.facebook.com/privacy/policy/.

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19. Data security

In order to prevent unauthorized access or unauthorized disclosure, to ensure the accuracy of the data and to ensure the authorized use of the data, we have set up technical and organizational procedures in accordance with Art. 32 GDPR to secure and protect the data we collect online. We secure our website and other systems against manipulation, loss, destruction, access, modification or dissemination of your data by unauthorized persons.

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20. Disclosure of data

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Data will not be transferred to third parties for purposes other than those stated here. We only pass on your personal data if you have given us your consent to do so in accordance with Art. 6 para. 1 sentence 1 GDPR or if disclosure is required in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR and you have an overriding interest in not disclosing the data or if there is a legal obligation to disclose the data in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR or if it is required for the processing of contractual relationships in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

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21. Questions and notes

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The version of the privacy policy available online at the time of your visit always applies to the use of our app and website. We reserve the right to change or update this privacy policy due to further development of the website or changes in legal or regulatory requirements.

We ask our users to inform themselves regularly about the content of the data protection declaration.
If you have any further questions about data protection with regard to our website, you can contact us at the e-mail address given above. We will then try to answer your questions and resolve any concerns you may have.

Status 11/2024

Copyright
© RA Michael Terhaag, law firm Terhaag & Partner Rechtsanwälte - www.aufrecht.de for LYNQ. All rights reserved.

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