Data privacy statement and terms of use

Data Privacy Statement

The following data privacy statement applies to the Flunx application ("app") as well as to the websites of Flunx Media GmbH ("Flunx").

Flunx-App

without your initiative Flunx will not transmit any of your personal data to third parties.

In order for you to be able to successfully install and use our services, we need certain authorizations from you in order to make access via intersections on functions and content of your gadget possible. For this we collect the following data:

Email address: Flunx needs a functioning email address in order to create, activate and delete an account. This is where an activation link will be sent. Moreover, the encryption and creation of a userID (numerical sequence) is created on the basis of the email address. This data will only be saved for as long as your Flunx account exists.

Profile photo: You can upload a profile photo at any time that will only, however, be recognizable for your favorites. It will be concealed to all other users (through a powerful soft focus filter). Should you delete your profile picture, it will also be deleted from the Flunx servers.

Location: Your geographical location will never be communicated to other users. If, however, you wish to estimate your distance to other users, you can transmit your location (automatically encrypted) to the Flunx servers. The Flunx servers then calculate the distance between you and other users. The distance will be indicated through symbols. Your GPS coordinates will then be stored in encrypted form and automatically deleted once your flunx has expired.

Sharing flunxes: You can simultaneously publish your flunx via your Twitter or LinkedIn accounts. Your log-in data will not be saved on the Flunx servers or otherwise retrieved. It is directly entered into the relevant pages of the social networks via an internal browser window in the Flunx app. LinkedIn or Twitter provide an OAuth token that is used for posting the flunx to your account.

Flunx areas: If the Flunx technology is permanently used in buildings or at events (such as concerts, live acts, conferences or trade exhibitions) you can greatly benefit from the use of additional functions through the Flunx manager (www.flunxareas.com). If you approach a Flunx area with the activated Flunx app and enabled bluetooth, the Flunx app will receive a signal and you can decide whether you wish to join this Flunx area. The operator of the Flunx area can then send you messages and you can publish your own flunx targeted only at selected Flunx areas. During this process no data whatsoever is transmitted from your smartphone.

You can read further details on this topic via www.flunxareas.com.

Websites

Below you will find information on how personal data is collected when using our website.

1. Information on the collection of personal data

1.1. Personal data is any data relating to you personally, such as your name, address, email address, and user behavior.

1.2. It is the responsibility of Flunx Media GmbH (Eppendorfer Landstr. 12, 20249 Hamburg, Germany) in accordance with article 4 para 7 of the EU’s General Data Protection Regulation.

1.3. When you contact us by email, the data you provide – your email address and name (if entered) – will be saved in order to answer your question. We delete the data collected in this context once saving it is no longer required, or we restrict processing of it in case statutory retention obligations are in place.

2. Your rights

2.1. You have the following rights with respect to us when it comes to personal data relating to you: the right of access, the right to rectify or erase, the right to limit processing, the right to object to processing, and the right to data portability.

2.2. You also have the right to lodge a complaint with a supervisory authority on data protection with regard to how we process your data.

3. The collection of personal data when visiting our website

3.1. During strictly informational use of our website, we collect the following data that your browser sends to our server:

IP address
Date and time of the request
Difference to Greenwich Mean Time (GMT)
Content of the request (specific page or file as well as data volume)
Access status/ HTTP status code
Website from which the request came
Web browser and language
Operating system and its user interface

The IP address will be saved for a short time after your visit to ensure IT security, in particular to protect our IT systems from misuse and defend them against attacks. All other data will be deleted immediately as soon as use of our website ceases. We reserve the right to assess the data in anonymized form for statistical purposes to improve our internet services.

3.2 In addition to the aforementioned data, cookies will be saved on your computer when you use our website. Cookies are small text files assigned to the browser you are using and saved on your hard drive, enabling us to receive certain information. Our websites use persistent cookies. They are automatically deleted after a given period of time, which may vary from cookie to cookie. You can delete the cookies at any time by accessing the security settings of your browser. You can configure your browser settings as you wish, for example, to refuse third-party cookies or all cookies. We would like to point out that you may then not be able to use all the functions on this website.

4. Legal basis

Article 6 para 1 sentence 1 item f of the General Data Protection Regulation forms the legal basis of the data processing described in § 3. The data collected is necessary to allow you to view our website and to ensure stability and security or to increase the general effectiveness and user-friendliness of internet services.

5. Data recipients

The above-mentioned data can be viewed by processers who operate or maintain our website.

Flunx App

Last update: 17 July 2017

The following General Terms of Use apply for the use of the Flunx application („App“) of the Flunx Media GmbH („Flunx“). In this app Flunx offers its users the opportunity to contact other users via themes and manage these contacts. The contents of the app are freely accessible to everybody in accordance with these General Terms of Use.

1. Scope

The use of the app is permitted exclusively on the basis of these General Terms of Use. Flunx has the right to extend these General Terms of Use through further conditions, as well as to modify or replace them. Acceptance of these General Terms of Use in their relevant version is implicit upon use of this app.

2. Registration, Password

2.1. Use of the app requires registration with a functioning email address and a self-selected password.

2.2. In the event of a change of email address the user is obligated to inform Flunx on this new email address.

3. Rights of Use

3.1. The user is authorized to use the functionalities of the app for his or her own purposes and to publish own content in the form of „flunx“ . A flunx consists of a combination of text and hashtags (optionally also a photo) and is online for up to 3 hours. After 3 hours every flunx will automatically be deleted.

3.2. The user is not granted further rights of usage, such as duplication, distribution or publication rights. These, as well as all intellectual property rights, remain with Flunx.

3.3. All use of app content for commercial purposes is not permitted if Flunx has not given its written consent for each individual case. Duplication and usage rights exceeding the rights granted through these General Terms of Use must be acquired separately from Flunx. This requires a written agreement between Flunx and the user.

3.4. Flunx reserves the right to discontinue app operation entirely or partially and/or to entirely or partially terminate or restrict the functionalities of the app at any time.

4. User Conditions

4.1. The user is prohibited from the following when using the app:

Infringing upon rights or transgressing against standards of public decency;
Transmitting content damaging to software, such as viruses, so-called Trojan horses or other programmes;
Entering, saving or transmitting content to which the user does not possess rights, particularly if this content infringes upon legal obligations (such as confidentiality agreements) or is otherwise unlawful;
Accessing the Flunx data from software other than that of the Flunx app or attempting to gain such unauthorized access;
Sending advertisements or inaccurate warnings about viruses, malfunctions or the like; or
Soliciting participation in lotteries, snowball systems, chain letters, pyramid schemes and similar actions.

4.2. Flunx may block a user's access to the app at any time if the user has violated his obligations as set out in these terms of use.

4.3 A user can block another user via an internal app function, so that he or she can no longer receive content from that blocked user. Flunx may also disable a user's access whenever a user has been blocked by at least 25 other users.

5. Liability for Content

5.1. All content published via the app is third party content which is neither edited nor assessed for correctness and/or legitimacy by Flunx in the latter's sole role as platform operator. Flunx therefore does not assume liability for content which it does not appropriate.

5.2 All publicly accessible app content will be automatically deleted after 3 hours.

6. Other liability

6.1. Flunx will only be liable for damage irrespective of cause in cases of wilful intent or gross negligence. This also applies to the infringement of pre-contractual or collateral duties, to unauthorized actions as well as to defects and consequential or indirect damage from such defects. These liability restrictions do not apply to the infringement of duties that are necessary for the fulfilment of the contractual obligations.

6.2. In cases of liability for damages in accordance with Section 6.1, Flunx is only liable for typically occurring and foreseeable damage.

6.3. The previous liability restrictions do not apply to damage to life, limb or health.

6.4. Flunx does not assume any warranty for the uninterrupted availability of the app. Flunx moreoever does not guarantee that the user can use the app at certain times; in particular, no warranty is given for data constancy in cases of malfunction, interruption or a possible breakdown of the app availability, or regarding the permanent storage of data entered by the user.

6.5 Although Flunx will always try to keep the app free from viruses, Flunx cannot guarantee this. Before downloading information, software and documentation the user shall provide appropriate safety measures and virus scanners for his or her own protection as well as in order to prevent viruses and other damaging influences from affecting the app.

7. Other Conditions

7.1. The General Terms of Use as well as the relationship between user and Flunx are governed by German law.

7.2. Flunx operates and assumes responsibility for this app. This app operates in accordance with the laws of the Federal Republic of Germany, as Flunx is registered in Germany. Flunx does not assume any responsibility as to whether information, software and/or content from the app may be accessed from and downloaded in places outside of Germany. If users use the app from locations outside of Germany, they alone are responsible for complying with the regulations of that respective country. Access to information, software and/or content from the app is prohibited for countries in which such access is illegal.

7.3. Should a section of these General Terms of Use not correspond to current statutory provisions, the other sections shall nevertheless remain unaffected.