LEVELS GmbH & Co. KG Data Privacy Policy

Effective date: October 01, 2018

LEVELS GmbH & Co. KG ("us", "we", or "our") operates the https://levels.one website and the LEVELS mobile application (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service

Service means the https://levels.one website and the LEVELS mobile application operated by LEVELS GmbH & Co. KG

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Address, State, Province, ZIP/Postal code, City
  • We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

    Device Information

    We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

    This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

    When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

    Location Data

    We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customise our Service.

    You can enable or disable location services when you use our Service at any time by way of your device settings.

    We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

    Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

    You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

    Examples of Cookies we use:

    We collect information about the people, locations, communities and hashtags you are connected to and how you interact with them across our Products and Services, such as people you communicate with the most or badges and communities you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book), which we use for things like helping you and others find people you may know that are already on the LEVELS platform

    Travel Documents, Driver License and other forms of verification In order to use some of the services provided by us or our trade partners we require forms of authentication like a passport, id card oder driver license. For example, in order to use the check in service by the LEVELS concierge we need access to your passport information. Before any of this information is accessed you need to provide explicit authorization that those documents are shared.

    Information and content, you provideWe collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described in „Use of Data“. For more Information please see our Manual.

    We collect information about how you use our Products and Services, such as the types of content you view or engage with; the features you use; the actions you take; the people, locations or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products.

    Information about transactions made on our Products

    If you use our Products for purchases or other financial transactions (such as when you make a purchase at a trade partner or book a service via the LEVELS concierge service), we collect information about the purchase or transaction. This includes billing, shipping, other account authentication information and contact details. All bills processed through our service are indexed and a profile of all of your purchases is created.

    Things other do and information they provide about you

    We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.

    Information from Partners

    Trade partners of LEVELS can send us information through the LEVELS platform. These partners provide us with information about your activity at their location while using LEVELS. For example, a restaurant provides us with your bill or if and when you have shown up for a reservation.

    Use of Data

    LEVELS GmbH & Co. KG uses the collected data for various purposes:

    Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

    If you are from the European Economic Area (EEA), LEVELS GmbH & Co. KG legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

    LEVELS GmbH & Co. KG may process your Personal Data because:

    Retention of Data

    LEVELS GmbH & Co. KG will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

    LEVELS GmbH & Co. KG will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

    Transfer of Data

    Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

    If you are located outside Germany and choose to provide information to us, please note that we transfer the data, including Personal Data, to Germany and process it there.

    Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

    LEVELS GmbH & Co. KG will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

    Disclosure of Data

    Business Transaction

    If LEVELS GmbH & Co. KG is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

    Disclosure for Law Enforcement

    Under certain circumstances, LEVELS GmbH & Co. KG may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

    Legal Requirements

    LEVELS GmbH & Co. KG may disclose your Personal Data in the good faith belief that such action is necessary to:

    Security of Data

    The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

    Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

    We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

    You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

    Your Data Protection Rights under the General Data Protection Regulation (GDPR)

    If you are a resident of the European Economic Area (EEA), you have certain data protection rights. LEVELS GmbH & Co. KG aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

    If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

    In certain circumstances, you have the following data protection rights:

    The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

    The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

    The right to object. You have the right to object to our processing of your Personal Data.

    The right of restriction. You have the right to request that we restrict the processing of your personal information.

    The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

    The right to withdraw consent. You also have the right to withdraw your consent at any time where LEVELS GmbH & Co. KG relied on your consent to process your personal information.

    Please note that we may ask you to verify your identity before responding to such requests.

    You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

    Service Providers

    We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

    These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

    Analytics

    We may use third-party Service Providers to monitor and analyse the use of our Service.

    Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

    For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

    Mixpanel

    Mixpanel is provided by Mixpanel Inc.

    You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/

    For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

    Mouseflow

    This website uses Mouseflow: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out. If you'd like to obtain a copy of your data, make a correction, or have it erased, please contact us first or, as a secondary option, contact Mouseflow at privacy@mouseflow.com.

    For more information, see Mouseflow’s Privacy Policy at http://mouseflow.com/privacy/.

    For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr/.

    Behavioral Remarketing

    LEVELS GmbH & Co. KG uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

    Google Ads (AdWords)

    Google Ads (AdWords) remarketing service is provided by Google Inc.

    You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

    Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

    For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

    We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

    We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

    The payment processors we work with are:

    Stripe

    Their Privacy Policy can be viewed at https://stripe.com/us/privacy

    PayPal / Braintree

    https://www.paypal.com/webapps/mpp/ua/privacy-full

    Vantage Payments

    Their Privacy Policy can be viewed at
    https://www.vantagepayments.com/

    Vendors, Trade Partners offering goods and services
    We provide Vendors and Trade Partners that offer services or products on our Platform with your profile picture, name, a profile of your recent purchases and top products, your LEVEL, information about your recent visits to this location or a location that is part of the same group. If a Partner requires additional information outside of this scope to complete a transaction you will be prompted for permission and this data will then be subject to the privacy policy of this partner.

    Links to Other Sites

    Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

    We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

    Children's Privacy

    Our Service does not address anyone under the age of 18 ("Children").

    We do not knowingly collect personally identifiable info rmation from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

    Changes to This Privacy Policy

    We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

    We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

    You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

    Contact Us

    If you have any questions about this Privacy Policy, please contact us:

    Data Protection Officer

    Our Data Protection Officer can be contacted via:

    Robert Mäckle
    DataCo GmbH
    Dachauer Str. 65
    80335 München

    privacy@levels.one