Privacy Policy for the website ?magicplan.app“

This data protection notice informs you about the processing of your personal data in connection with the website magicplan.app / magic-plan.com and related subdomains (e.g. cloud.magicplan.app or cloud.magic-plan.com).

1. Responsible data controller

The responsible data controller for this website 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 data controllers. In this respect, the companies have defined in an agreement which of them fulfils which data protection obligation. The essential content of this agreement can be obtained from Sensopia or enapt upon request.

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

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

2. 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. Operation of the website

We process your personal data in order to offer you the best possible offers and information tailored to your needs on this website and to make your visit to our website as informative and constructive as possible.

Unless it is explicitly stated otherwise in the following sections the legal basis for this processing of data is Art. 6 (1) f) GDPR (balancing of interests – based on our legitimate interest to provide you a website as attractive as possible).

4. Processed data

4.1 Data related to your visit

To present the right information to you on this website we also process the following data:

4.2 Data you provide to us

If you conclude contracts with us, fill out our contact form or set up a user account we will process the personal data you provide, in particular data as defined in section 2.

5. Purposes of data

5.1 Conclusion of contracts

We process your personal data if you contact us out of interest in our service and/or would like to order from us.

Unless stated otherwise in the following regulations, the legal basis for the data processing associated therewith is Art. 6 (1) b) GDPR (pre-contractual measures and performance of a contract).

5.2 Registration for using the magicplan cloud

In order to be able to use the functions of our cloud under the URL https://cloud.magicplan.app/login, you must set up a – free of charge – personal user account (hereinafter “account”). You can store your personal information (e.g. floor plans) in the account. By having an account, the user receives access to the following products and services of Sensopia:

In order to set up a personal account, users must enter their e-mail address and a password of their choice, which also serve as an access code for the account. With the same access data, you can also log into the “magicplan” app belonging to the cloud (available in the Apple App Store and in the Google Play Store).

After a successful registration, the user automatically receives a confirmation link sent by e-mail that the user must click on to activate the account. In this way, the user concludes the contract for the provision of the account with us. In addition, users may store their personal contact details in their account and update these details at any time.

If you click on the button “Stay logged in for two weeks”, “persistent cookies” will be stored on your end device, which serve to prevent the user from having to log in again on subsequent visits.

The user may terminate his or her contract for the provision of the account at any time and without giving reasons. The easiest way to do this is to send an informal e-mail to support@magicplan.app. The user furthermore may individually only terminate either the email service and/or the email newsletter by clicking on the unsubscribe link at the end of each email. Such partial termination of services provided under the account leaves the contract on the provision of the account untouched so that the user keeps the account as such.

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

5.3 Processing of orders

We also offer you the opportunity to purchase our products (e.g. floor plans, standard or business subscriptions). In order to purchase our products, you must have registered for using the magicplan Cloud (see Section 5.2).

Should you order products in our cloud, the processing of your personal data serves to conclude and execute the contract as well as to process your order, including payment.

We provide you with a payment option via Paypal. In order to authenticate and assign your order, and thus for your security, we transfer the amount to be paid by you and your e-mail address to our payment service provider PayPal (i.e. to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). The data you enter for electronic payment processing will only be collected by PayPal.

More information about the handling of user data by PayPal can be found in their privacy policy: https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

If you do not have a PayPal account, you may also purchase our products via the App Store or the Google Play Store. The related terms & conditions apply, which can be obtained at https://store.apple.com/Catalog/uk_inst/Images/salespolicies_individual.html and https://play.google.com/intl/en-us_us/about/play-terms/index.html.

Alternatively, you may pay our products by credit card. If the payment is processed by credit card, we forward the amount to be paid by you to our payment service provider Stripe (i.e. to Payments Europe Ltd. 1 Grand Canal Street, Grand Canal Dock, Dublin Ireland). You are required to provide your name, email address, credit card number, currency, transaction number and billing address to Stripe. Your data will be processed by Stripe for the purpose of payment processing. The credit card will be debited immediately after sending your order. For more information about Stripe’s privacy policy, please visit the following website:

https://stripe.com/de/privacy#translation.

The legal basis for the associated processing of your personal data is Art. 6 (1) b) GDPR (pre-contractual measures and performance of a contract) as well as Art. 6 (1) f) GDPR (balancing of interests, based on our legitimate interest in offering the user secure payment processing and fraud prevention).

5.4 Contact form, email communication and customer support

If you send inquiries to Sensopia via the website contact form or by e-mail, Sensopia processes the information you provide in these messages (including your contact details) to deal with your inquiry. We will store this data for 90 days in case of follow-up questions and thereafter delete this data will be stored with us. In case you have an account with us and communicate with us, we store such data for as long as you have an account with and underlying agreement with us and will delete this data as soon as you delete your account respectively terminate the underlying agreement.

Intercom (Category “Convenience”)

We use the Intercom service (i.e.to Intercom R&D Unlimited Company, 2nd Floor, Stephen Court, 18-21 St. Stephen’s Green, Dublin 2, Ireland) to provide messaging by email and live chat, but also to evaluate the use of our website by users. In this context, we transmit the following personal data (your first and last name, your email address, your country and your time zone) to Intercom. As a data processor acting on our behalf, Intercom analyses your use of our website and/or product and tracks our relationship through cookies and similar technologies to improve our service to you. More information about Intercom’s use of cookies can be found at https://www.intercom.com/terms-and-policies#cookie-policy.

The legal basis for this processing of data and for the integration of Intercom is Art. 6 (1) b) GDPR (performance of a contract – the processing of data of users is necessary for the fulfillment of the agreement on answering questions or requests, individually or under a contractual relationship with the customer) and Art. 6 (1) f) GDPR (balancing of interests – based on our interests to handle inquiries of its website’s users and in marketing the website for advertising purposes.

5.5 Newsletter

We offer all users the opportunity to register for and receive an email newsletter separately from having a user account. Once you have registered, you will receive an activation link to the email address provided which must be clicked to complete the registration. In this way, the user consents to receiving the newsletter (double opt-in procedure).

The user may revoke the consent at any time and without giving reasons. The easiest way to do so is to click on the “Unsubscribe” link which can be found at the end of every newsletter.

The legal basis for this processing of data is Art. 6 para. 1 a) DSGVO in conjunction with your consent.

5.6 Mailjet

When providing emails to customers and prospective customers, either as a result of customers signing up for an account and entering into an agreement with Sensopia according to Section 5.2, or as a result of customers signing up for the email newsletter according to Section 5.5, we use the external service provider Mailjet (Mailjet SAS, office 13-13, rue de l’Aubrac, 75012 Paris, France), based on a data processing agreement. The email processing service of Mailjet enables us to analyze the reactions of email recipients, e.g. how many recipients open emails and how often links in emails are clicked. By conversion tracking, we can also determine if pre-defined actions follow the clicking of links. More information about the handling of user data by Mailjet can be found in their privacy policy:

https://www.mailjet.com/security-privacy/

You may object to this processing of data by unsubscribing from the respective email service at any time. The easiest way to do so is to click on the “Unsubscribe” link which can be found at the end of every email.

The legal basis for this processing of data is either Art. 6 para. 1 b) DSGVO or a) DSGVO in conjunction with your consent and Art. 6 para. 1 f) (balancing of interests – based on our interests to understand how relevant our emails are for recipients in order to make them as interesting as possible.

6. Tracking tools for website analysis

6.1 General

We want to design our website in the best possible way, therefore we use so-called “tracking tools” to technically improve our web offerings. The tools allow us to measure how this website is being used. With the help of these tools we collect the following kind of information:

Based on this kind of information we create statistics which help to answer the following questions:

For these purposes we particularly use the automatically collected data described in Section 4.1 above. The data are always stored pseudonymously.

The legal basis for this processing of data is your consent within the meaning of Article 6 (1) f) GDPR (balancing of interests, based on our legitimate interest to tailor the website to its users’ interests and needs)) as well as Art. 6 (1) a) GDPR (your consent).

In order to adjust the privacy settings on our website, we defined several cookie categories. You are free to choose which categories of cookies you want to allow. You can make changes to your settings at any time in the privacy settings section on the website.

Necessary Cookies

All cookies in this category are mandatory for the operation of our website. You cannot use the website without this kind of cookies. For example, session cookies and cookies to store your privacy preferences. In addition, we use necessary cookies for our payment service as a third-party provider (see below).

Convenience

All Cookies in this category make it easier to use our website. Cookies in this category are not necessary for the usage of the website, for example the storage of the language settings and the usage of third-party tools for easier customer communication.

Statistics

In order to ensure and improve the quality of the services we collect statistical data through various service providers. Please find below in this document all service providers we use for statistical purposes.

Personalization

In order to display personalized content, we use various service providers to track the usage of the app. Please find below in this document all service providers we use for personalization purposes.

6.2 Google Analytics (Category “Statistics")

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “Cookies”, which are text files placed on your computer, in order to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States.

However, if IP anonymization is activated on this website, your IP address will be shortened by Google in advance within Member States of the European Union or in other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address 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.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plugin available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).

This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are shortened for further processing and that it is not possible to identify you as a person. If the data collected about you is assigned a personal reference, this will be immediately excluded and the personal data will be deleted promptly.

We use Google Analytics to analyze and regularly improve the use of our website. The statistics obtained allow us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal data is transferred to the United States, Google has submitted to the EU-US Privacy Shield. The processing of your data within the scope of Google Analytics is carried out to protect the legitimate interests of Sensopia.

Third Party Information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

Terms of Use: https://www.google.com/analytics/terms/de.html

Overview of data protection: https://google.com/intl/de/analytics/learn/privacy.html

Privacy Policy: https://www.google.de/intl/de/policies/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 cloud on the basis of an analysis of your usage behavior.

Objection to data collection:

You can prevent the collection and transmission of data relating to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

6.3 Google Optimize (Category “Statistics")

Our website uses the web analysis and optimization service “Google Optimize” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google Optimize”). We use the Google Optimize service to increase the attractiveness, content and functionality of our website by playing new features and content to a percentage of our users and statistically evaluating the usage change. Google Optimize is a sub-service of Google Analytics (cf. Section Google Analytics – 6.2).

Google Optimize uses cookies, which enable us to optimize and analyze your use of our website. The information generated by these cookies about your use of our website is usually transferred to a Google server in the USA and stored there. We use Google Optimize with activated IP anonymization, so that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on optimization tests and related website activity and providing other services relating to website activity and internet usage.

You can prevent the storage of cookies by setting your Internet browser accordingly. In addition, you can prevent Google from collecting the data generated by the cookie and related to your use of our website (including your IP address) and Google from processing this data by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en. For more information on data collection and processing by Google, please refer to Google’s privacy policy, which can be found at https://policies.google.com/privacy?hl=en-US.

The legal basis for data processing is Art. 6 (1) f) GDPR, i.e. the processing is necessary to fulfil our legitimate interest to adapt the website to the interests and needs of our users.

6.4 A/B Testing (Category “Statistics")

This website analyses user ehavior by means of so-called A/B testing, an offer from Google Optimize (cf. Section Google Optimize – 6.3). We display the website in a slightly adapted version, depending on the profile information. This enables us to analyse our offers, to improve them regularly and to make them more interesting for you as a user.

Cookies are stored on your computer for these analyses. The information collected in this way is stored exclusively on a server in the EU. You can prevent cookies from being saved by setting your browser software accordingly.

Before the analyses are carried out, the IP addresses are further processed in short form so that direct personal contact can be excluded. The IP address transmitted by your browser is not merged with other data collected by us.

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 our website on the basis of an analysis of your usage behavior.

6.5 Google Tag Manager (Category “Statistics")

For reasons of transparency, we would like to point out that we use the Google Tag Manager. The Google Tag Manager itself does not collect any personal data. The Tag Manager makes it easier for us to integrate and manage our tags. Tags are small pieces of code used, among other things, to measure traffic and visitor behavior, measure the impact of online advertising and social channels, set up remarketing and targeting, and test and optimize websites. We use the Tag Manager for the Google Analytics service. If you’ve made a opt-out, the Google Tag Manager will take that opt-out into account. For more information about the Google Tag Manager, see: https://www.google.com/intl/de/tagmanager/use-policy.html

6.6 HubSpot (Category “Statistics")

Sensopia also uses a service called HubSpot provided by HubSpot Inc. for analytical purposes. HubSpot is certified under the EU-US privacy shield. It uses cookies, which are stored on your computer and enable us to analyze your use of the website. The collected information (e.g. IP address, geographical location, type of browser, duration of the visit and pages accessed) is evaluated by HubSpot on our behalf to generate reports about the visit and the pages of magicplan.app which were visited.

If you interact with our website (e.g. registration or newsletter subscription) we can record the personal information you provide us (e.g. your name and email address). If you generally do not want this information to be collected by HubSpot, you can prevent the storing of cookies at any time by adjusting your browser settings. Please refer to HubSpot Inc's privacy policy at https://legal.hubspot.com/privacy-policy for further information on how HubSpot works.

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 cloud on the basis of an analysis of your usage behavior.

6.7 Facebook Custom Audiences (Category “Statistics”)

Sensopia also uses Facebook Custom Audiences from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA on this website.

For this purpose, so-called Facebook pixels are integrated on our website. This is a Javascript code. 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://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 cloud on the basis of an analysis of your usage behavior.

If you do not wish your data to be collected, you can object to this by clicking on the following link and deactivating the data collection: https://facebook.com/help/769828729705201/

7. External service providers

For certain cloud-related activities, we use external service providers to operate this website (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. Data is only processed in accordance with Sensopia’s instructions and are also bound by this privacy statement.

8. Retention periods

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

The data you have entered pursuant to section 4.2 above will therefore not be retained for longer than the statutory retention period for business communication of six years. Unless it is stated otherwise herein the automatically collected data pursuant to section 4.1 will be deleted or anonymized after 14 months at the latest.

9. Your rights

9.1 Right to object

Insofar as the legal basis for the processing of data is Art. 6 (1) f) GDPR (the processing of data serves our legitimate interests), you have the right to object to the processing of data at any time. In order to do so, you may send us an email to support@magicplan.app.

9.2 Additional rights

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

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

February 2020

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