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Jimdo Live Chat App Privacy Policy

We, the Jimdo GmbH (hereinafter referred to as “Jimdo” or “we”) via this privacy policy wish to hereby inform Jimdo Live Chat App users (hereinafter referred to as “Jimdo Live Chat App” and the “Jimdo Live Chat users” respectively) as to the purpose, type and extent of the processing of personal information undertaken by Jimdo via the Jimdo Live Chat App. Subject thereto the following Jimdo Live Chat App privacy policy applies in addition to the general Jimdo privacy policy which can be viewed at all times under the following link:

https://www.jimdo.com/info/privacy/

The Jimdo Live Chat App is constantly being revised, tweaked and developed. This necessarily results in the regular updating and revision of this Jimdo Live Chat App privacy policy. The current status of the services used and thereby, the data processed, via the Jimdo Live Chat App can be located in the table at the bottom of this privacy policy.

Jimdo, in providing the Jimdo Live Chat App serves only as an agent for the autonomous contract negotiations between the customer and the Jimdo Live Chat App user. Insofar as Jimdo processes, collects, saves or uses personal data (e.g. employee data, customer data etc.) for the Jimdo Live Chat App user, via the Jimdo Live Chat App, Jimdo shall only do so in accordance with the strict instructions of the Jimdo Live Chat App user and the respective agreement for the commissioned data processing, and as reflected in this privacy policy.

The data processing agreement can be downloaded [here] and one signed copy is to be electronically transmitted to Jimdo (privacy@jimdo.com). In that respect Jimdo is only responsible for fulfilling the Jimdo obligations as set out in the data processing agreement. Furthermore, the Jimdo Chat App user is the responsible body under data protection law and thus, responsible for the adherence to and compliance with all relevant data protection and privacy laws and legislation.

Usage of Personal Data

In order to provide the Jimdo Live Chat App, Jimdo collects, processes and uses personal data in accordance with the German Federal Data Processing Law (BDSG), and from the 25th of May 2018 in accordance with the European General Data Protection Regulation. If the Jimdo Live Chat app user is a natural person, the legal basis for the processing is that the processing is required for the performance of a contract or for the performance of pre-contractual measures pursuant to Art. 6 (1) sentence 1 b DSGVO. For this purpose we store personal data of the Jimdo Live Chat App user for the duration of the contract.

Jimdo as Jimdo Live Chat App Provider collects, processes and uses personal data in accordance with German and European data protection law. The Jimdo Live Chat App user bears the responsibility towards third parties for compliance with the respective data regulations involved in the use of the Jimdo Live Chat App services.

Access-Logs und App Data

In accessing a website of the Jimdo Live Chat App user, i.e. where the Jimdo Live Chat App has been integrated, certain data shall be protocolled/logged (web-server protocol data) that cannot be assigned to a specific person. The data concerned includes the browser used, the time of the page view, the language settings and the status that confirms whether or not the site/page has been successfully accessed.

In addition to the data specified in the Jimdo privacy statement, if you download and/or use the Jimdo Live Chat App, Jimdo also automatically collects data as regards the device being used, the operating system and version and the unique device identifier (“UDID”).

The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on our legitimate interest in improving the stability and functionality of our website. A transfer or other use of the data does not take place. However, we reserve the right to retrospectively check the server log files if there are concrete indications of illegal activities. This data shall be necessary anonymized and deleted where appropriate at the latest after a period of 7 days.

The Jimdo Live Chat App uses the following third-party services

A more comprehensive overview of the third party services we use can be found in the table at the end of this privacy policy. We would like to take the opportunity to inform you in advance and separately of the following third party services:

Google Analytics

The Jimdo Live Chat app uses Google Analytics SDK for iOS and Android, a web analytics service provided by Google Inc. ("Google") Jimdo uses Google Analytics™ to improve the performance of our Jimdo Live Chat app and to prevent misuse of our services.

Google Analytics for iOS and Android uses the Google Analytics Api, which allows an analysis of the use of this app by the Jimdo Live Chat App user. The information generated by the tracking code about the use of this app are transmitted to a server of Google in the USA and stored there. However, due to the use of IP anonymization by Google, the IP address of the Jimdo Live Chat App user is shortened by Google within the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and shortened there. On behalf of Jimdo, Google will use this information to evaluate the use of the app by the Jimdo Live Chat app user, to compile reports on the app's activities and to provide other app-related services to the app operator. The IP address provided by Google Analytics™ within this app will not be merged with other data provided by Google. Furthermore, Jimdo have entered into a Data Processing Agreement with Google, in which Google has committed itself to protect the data of our customers.

Google Analytics™ is an integral part of the Jimdo Live Chat app. The Jimdo Live Chat app user can disable Google Analytics™ tracking in the Jimdo Live Chat app settings. In accepting the privacy policy, the Jimdo Live Chat app user agrees to the processing of the data collected about him by Google in the manner and for the purposes set out above.

Further information and the applicable Google privacy policy can be found here:
https://policies.google.com/privacy and under
https://www.google.com/analytics/terms/ as well as here:
https://firebase.google.com/docs/analytics/

The legal basis for the use of the following processors is a legitimate interest according to Art. 6 para. 1 lit. f GDPR. The legitimate interest is the user-friendly design of our app.

Technical Platform

As a technical platform for the Jimdo Live Chat App and in order to better understand the functionality of the services on your device, Jimdo uses the mobile analysis software “Firebase”, which is a product of Google Inc (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, „Google“) and offers a range of functions.

In the Jimdo Live Chat App Jimdo uses the following range of Firebase functions:

Firebase Analytics

Firebase Analytics uses methods that allow the app user to analyze how the app is being used, specifically what features of the app are being accessed, how often the app is opened or when the app is uninstalled. The data will only be collected anonymously and will not be linked to other data stored on or by Google Inc. The data collected on the use of our app will be transferred to Google Inc. and stored there. Google Inc. uses the advertising ID of your device. Google Inc. will use the data collected to evaluate the use of our apps and to provide us with other services related to the use of the apps. In Device Settings, you can restrict the use of the Advertising ID (iOS: Privacy / Advertising / No Ad Tracking, Android: Account / Google / View). Google Analytics for Firebase (Google Inc.).

Firebase Crash Reporting

We also use Firebase Crash Reporting to stabilize and improve our apps. It collects information about the device used by the Jimdo Live Chat App user and the use of our apps (such as the timestamp of when the app was started and when a malfunction occurred) that allows us to diagnose malfunctions and successfully solve them. When using Firebase Crash Report the data of the Jimdo Live Chat App user are collected anonymously, so that neither Google Inc. nor Jimdo can make an inference to any person using the app.

Firebase Cloud Messaging

We use the Firebase Cloud Messaging service to send push messages or so-called in-app messages to the Jimdo Live Chat App user on their device. If the Jimdo Live Chat app user uses our apps through a push-enabled device, they can agree to receive push notifications. In this case, the terminal is assigned a pseudonymized device token ID, a unique connection number generated from the device ID, by which Jimdo can address the push messages or in-app messages to the Jimdo Live Chat app users. Consent to the push message notification can be changed at any time in the settings of the Jimdo Live Chat app.

We also use Firebase Remote Config, which allows us to run A / B tests and customize the behavior and appearance of the app without having to download a new version. Personal data is not stored.

In addition, other features of Firebase shall also be used, which allow better user guidance or an evaluation of crash causes in the apps as long as the data protection provisions remain as described above.

Google Inc. is privacy shield certified (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI). The Subprocessors that Google uses can be found here: https://firebase.google.com/terms/subprocessors

The legal basis for the use and analysis of the data and use of Firebase is our legitimate interest (ie interest in the analysis, optimization and economic operation of our apps) within the meaning of Art. 6 (1) (f) GDPR).

Please be aware that the Jimdo Live Chat App can only function with the use of the Firebase platform. The Jimdo Live Chat App user can opt out of using Firebase at any time by deleting the Jimdo Live Chat app and sending a message to "privacy@jimdo.com". Deletion of the App and objection to the use of firebase shall necessarily result in the Live Chat App no longer being available to the user.

Firebase offers and supports SSL, authentification and a security API. Via the Firebase integration of the encryption certificates a so called transport encryption is enabled which protects the communication from unauthorized third-party access.

By using the Live Chat App, the Jimdo Live Chat App user agrees to the privacy policy and terms of service of the Firebase services:
https://firebase.google.com/policies/analytics/
https://firebase.google.com/terms/crashlytics/

Usage Data

In order to provide the Jimdo Live Chat App, as well as for billing and troubleshooting purposes, the following data shall be saved and processed by Jimdo: the user number, the ip address, the services used/requested, date and time of the use/request.

This usage and traffic data shall also be processed anonymously for statistical purposes. On that basis Jimdo aims to provide the most optimal technical conditions possible for the Jimdo Live Chat App user and the visitors to their Jimdo website, where the Jimdo Live Chat App service have been activated.

In accessing the Chat window of the Jimdo Chat App user, on their Jimdo website, certain data shall be protocolled/logged (web-server protocol data). The data concerned includes the browser used, the time of the page view, the ip of the user, the language settings and the status that confirms whether or not the site/page has been successfully accessed. This data is exclusively used for statistical purposes and where appropriate for error analysis. This data shall be deleted or where appropriate and necessary anonymized at the latest after a period of 2 days.

In App Data

The Chat Transcript

Jimdo stores the history of the live chats for the visit time of the site visitor on the corresponding website of the Jimdo Live Chat app user.

This is for the purpose of providing the Jimdo Live Chat app user and his site visitors with the history of the request and to enable consistent quality control of the Jimdo chat app offering.

Live Chat App Messages can be forwarded and saved by the Jimdo Live Chat app user in the app, at app level.

Jimdo deletes the chat history automatically after 48 hours. In addition, all chat histories can be deleted at any time by the Jimdo Live Chat app user. Furthermore, the chat app can be deactivated at any time for the respective website and the app can be uninstalled at any time by the Jimdo Live Chat app user.

Administrative Access

Please be aware that the Jimdo Mobile team members can also be authorized in specific cases to access the administrative section (menu) of the Jimdo Live Chat app when fulfilling customer service requests and tracking errors. This necessarily grants them the possibility to view all parts of the Jimdo Live Chat app including current active chats from the last 48 hours. All members of our Jimdo support team are regularly trained in privacy and data protection sensibility and confidentiality.

Minors

The prerequisite for using the Jimdo Live Chat App is that the Jimdo Live Chat App user has a minimum age of 16 years. We do not knowingly collect any information from persons under the age of 16 years or other persons who are legally unable to use our services and websites. If we become aware that we have collected personal information from persons who are under 16 years of age, we will delete that data immediately; unless we are required by law to retain the data.

Push Notifications

If the Jimdo live Chat app user has enabled and/or consented to receiving push notifications from the Jimdo Live Chat App on their device, then Jimdo may send them push notifications via said device from time to time in order to keep them up to date and inform them about new events, technical developments, new active chats, etc.. Should you not or no longer wish to receive these notifications you may deactivate them via your device and device settings. In order to ensure that you receive the required notifications, Jimdo needs to collect specific device data, such as your operating system and/or version and unique device identifier(UDID).

Sharing of Information

We never share the personal data of the jimdo Live Chat user with third parties for their marketing and promotional purposes without our express consent.

We may disclose personally identifiable information or other information for the following reasons:

  • To comply with our legal obligations and to provide you with the Live Chat App services. An extensive list of the sub-processors we engage in order to provide the Live Chat app services can be found at the end of this privacy policy,

  • To enforce our terms of use for the Live Chat app,

  • For the defense of legal claims, if an offer or other content in our apps violates the rights of third parties,

  • To protect the rights, property or safety of third parties.

  • To law enforcement agencies, government agencies, or authorized third parties requesting information in connection with a preliminary investigation or suspected criminal offense, unlawful act, or other act that creates legal liability for us, the Jimdo Live Chat app user, or any other user can result. In such cases, we will only provide the relevant data for the investigation or the request for information in our opinion such as name, location, postal code, telephone number, e-mail address, previous usernames, IP address, fraud complaints, bid and offer overview pass on.

  • To legally authorized third parties involved in a lawsuit, if they provide us with a legal, court or equivalent legal act, or if we believe in good faith that disclosure of the data is necessary to create imminent threat to Avert life and limb or financial loss or report a suspected illegal activity.

We never share the personal data of the jimdo Live Chat user with third parties for their marketing and promotional purposes without our express consent.

Your Rights

In accordance with the relevant legislation and the GDPR, the Jimdo Live Chat App user has certain rights with respect to their personal information. In particular, they have a right to information, rectification, data transferability or deletion of their data. The Jimdo Live Chat app user also has the right to object or limit processing in relation to the processing of certain data.

Information - Rectification - Deletion

The Jimdo Live Chat app user can usually access, review and edit his personal information in his Jimdo account by logging in and directly updating or deleting the information.

In some cases it is not possible to change or remove content after it has been communicated in the Jimdo Live Chat app. Upon receipt of such request, Jimdo may close the Jimdo Account and remove the offending personal information from public areas as soon as possible based on account activity and applicable law. The legal right to access, rectification or deletion of personal data remains unaffected.

Deletion

The Jimdo Live Chat app can be deleted or uninstalled at any time by the Jimdo Live Chat app user at the device level via the settings. If the purpose for the data processing extinguishes, or if the consent is revoked or if a storage period prescribed by the European directives or regulations or any other relevant legislature expires, all personal data will be routinely and in accordance with the statutory provisions blocked or deleted.

We are happy to inform you as to what personal information we have saved on you and any applicable fees under the applicable law. This information shall be processed as soon as possible and is usually transmitted to you via Email (also via post upon justified request). In order to receive applicable and detailed information, please provide us with specifications as to the personal data or type thereof concerned. In order to ensure that the person requesting the aforementioned information is the person they present themselves to be, we require a proof of identity. This can be in the form of a copied identification document. Please blacken out or remove serial numbers and passport numbers from such copies. These copies shall only be used for the purpose of identification and for the processing your request. Of course you can also make this information request via the post. In that case we shall fulfill your request via return of post.

The Right to Object

The Jimdo Live Chat App user may object to the future processing of his data in accordance with Art. 21 GDPR at any time for the future. The objection may in particular be expressed against processing for direct marketing purposes. A corresponding note as regards the Jimdo Newsletter unsubscription process can be found in every newsletter email.

If the Jimdo user makes use of his right to object, Jimdo will stop the processing of the data concerned. However, further processing is reserved if we can demonstrate compelling legitimate reasons for the processing that outweighs the interests of the Jimdo Live Chat user, their fundamental rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims. If Jimdo is asked to cease all or any part of the processing of the personal information, or if the Jimdo user revokes his consent (if any) to the use or disclosure of their personal information for purposes outlined in this Privacy Policy, Jimdo may cease to be able to provide all Jimdo Live Chat App services.

The Jimdo Live Chat app user also has the right to object to the processing of personal data for statistical purposes in accordance with Art. 89 para. 1 GDPR for reasons that arise from the particular situation. of the Live Chat app user in question.

Exercising your Rights

In order to exercise the aforementioned and other data subject rights as well as to obtain information on the fees that may be required under applicable law, an affected party may, at any time, contact Jimdo via the contact address provided below. If the Jimdo Live Chat App User is required to provide information, correction or deletion of its personal information, Jimdo may in certain circumstances, under applicable law, refuse such information or refuse to correct or delete your personal information. However, Jimdo will give reasons in these cases.

Right to Lodge a Complaint

Without prejudice to any other administrative or judicial remedy, the Jimdo Live Chat App User has the right in accordance with Art. 77 GDPR to complaint to a supervisory authority, in particular in the Member State of their residence, place of work or place of alleged infringement, or if the Jimdo Live Chat app user considers that this processing of the personal data violates the GDPR. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

Data Security

The personal information of the Jimdo Live Chat app user is protected by technical and organizational security measures to minimize risks associated with their loss, misuse, unauthorized access, unauthorized disclosure, and alteration. For example, we use firewalls and data encryption, as well as physical access restrictions for our data centers and data access authorization controls.

Changes to the Privacy Policy

Jimdo reserves the right to change this privacy policy should this be necessary due to a change in legislation or as a result of further or changed services used or offered by Jimdo. The current version can always be found here. If Jimdo intends to process the data of the Jimdo Live Chat App user for other purposes, ie those for which they were collected, we will inform the Jimdo Live Chat App user in advance in accordance with the law.

Should Jimdo or the Jimdo Live Chat App be taken over by another company, information on the personal data of the Jimdo Live Chat user may be transferred to the legal successor in accordance with the data protection regulations

Contact Details

As a general note, please be aware that in the event of any deviations resulting from the translation, the formulation of this privacy policy set forth in the German version shall prevail.

If any questions or concerns regarding this privacy policy arise, we can be contacted via form or via email to: Privacy@jimdo.com

Jimdo GmbH
Stresemannstraße 375
22761 Hamburg

Contact Details of Jimdo’s external Data Protection officer:

B³ | Informationstechnologie
Dipl. Inf. Andreas Bethke
Papenbergallee 34
25548 Kellinghusen
Germany
E-Mail: privacy@jimdo.com

List of integrated services /(sub) Processors:

To provide our services, we may transfer the personal information of the Jimdo Live Chat app user to subprocessors. Such data sharing may be required to provide access to our services, to comply with our legal obligations, to enforce our Terms and Conditions, to conduct our marketing and promotional activities, and to prevent fraud or illegal activity associated with our services, to recognize, curb and investigate. We limit the amount of personal information we share to what is directly relevant and necessary to achieve the stated purpose.

The legal basis for the use of the following processors is a legitimate interest according to Art. 6 para. 1 lit. f GDPR. The legitimate interest is in the pursuit of our business purposes, in particular to provide the services described otherwise in this privacy policy. A contrary interest is not apparent due to the fact that we have concluded a contract with the respective contractors in accordance with Art. 28 GDPR.

In order to provide our services, we pass on the personal data of the Jimdo Chat App user to the following third parties and for the following purposes:

Google Analytics

Purpose: User statistics

Provider: Google

Privacy policy: Performance improvement and Abuse detection/prevention https://tools.google.com/dlpage/gaoptout?hl=en/

Mailchimp/Mandrill

Purpose: Newsletter, Notifications

Provider: Mailchimp by The Rocket Science Group, LLC 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA

Privacy policy: Opt-Out in Newsletter, N/A, https://mailchimp.com/legal/privacy/

SendGrid

Purpose: Notifications, Newsletters

Provider: SendGrid Inc. 1801 California St #500 Denver CO 80202

Privacy policy: https://sendgrid.com/policies/privacy/

Firebase

Purpose: Firebase is a real time database, which we use for real time data-exchange and storage(For example in our apps). All user data are anonymized for transmission to Firebase

Provider: Firebase is a Google subsidiary and is based in San Francisco (CA), USA.

Privacy policy: https://www.firebase.com/terms/privacy-policy.html

fabric.io

Purpose: Crash/Problem Reporting

Provider: Fabric is a Google Inc. subsidiary and is based in San Francisco (CA), USA.

Privacy policy: https://fabric.io/terms

hockeyapp

Purpose: Crash/Problem Reporting

Provider: Microsoft Corporation One Microsoft Way Redmond, WA 98052-6399 USA

Privacy policy: https://privacy.microsoft.com/en-us/privacystatement

Zendesk

Purpose: Ticketsystem for support

Provider: Zendesk, Inc. Attn: Privacy Officer 1019 Market Street San Francisco, CA 94103, United States

Privacy policy: https://www.zendesk.de/company/customers-partners/#privacy-policy

App Tweak

Purpose: App Store Optimization Tool

Provider: AppTweak S.A Rue des Pères Blancs, 4 1040 Brussels, Belgium

Privacy policy: https://www.apptweak.com/privacy

Sentry.io

Purpose: Crash/Problem Reporting

Provider: Sentry is a subsidiary of Functional Software, Inc. 132 Hawthorne St San Francisco, CA 94107 security@sentry.io

Privacy policy: https://sentry.io/privacy


Date: 17.05.2018

Jimdo GmbH
Stresemannstr. 375
22761 Hamburg
Germany

Vertretungsberechtigter Geschäftsführer:
Matthias Henze
Registergericht: Amtsgericht Hamburg
HRB 101417