1. Data Protection Statement
We take the protection of your personal data very seriously and treat it confidentially and in accordance with the statutory data protection regulations and this Data Protection Statement. This Data Protection Statement applies to our mobile application. It explains the nature, purpose and scope of data collection during APP use. We point out that data transmission over the Internet be exposed to security gaps. A complete protection of the data from access by third parties is not possible.
1.1 Controller (responsible entity)
The controller (responsible entity) for data processing within the framework of this APP is:
spotd ventures GmbH
D – 44137 Dortmund
Telephone: +49 15905882880
Internet address: https://spotd.photo
The "Controller (responsible entity)" is the entity that collects, processes or uses personal data (e.g. names, e-mail addresses, etc.).
1.2 General storage duration of personal data
Unless otherwise specified or specifically specified in this Data Protection Statement, personal data collected by this APP shall be stored until you request us to delete it, revoke your consent to storage or the purpose for the data storage is no longer applicable. Insofar as there is a statutory obligation to store or any other legally recognized reason for storing the data (e.g. legitimate interest), the personal data concerned shall not be deleted before the respective retention reason ceases to apply.
1.3 Legal basis for the storage of personal data
The processing of personal data is only permitted insofar as there is an effective legal basis for the processing of such data. Insofar as we process your data, this is done regularly on the basis of your consent pursuant to Art. 6 (1) lit. a GDPR (for example, insofar as your data is provided voluntarily in the registration form or within the framework of the contact form), for the purpose of fulfilling the contract in accordance with Article 6 (1) lit. b GDPR (e.g. when using in-app purchases or the use of other fee-based APP functions) or due to legitimate interests pursuant to Art. 6 (1) lit. f GDPR, which are always weighed taking your interests into consideration (for example in the context of advertising campaigns). The relevant legal bases may be specified in a separate provision within the framework of this Data Protection Statement.
This APP uses encryption for security purposes and to protect the transmission of sensitive content, such as requests you send to us as an APP operator, or communication between APP users. This encryption prevents the data you submit from being read by unauthorized third parties.
1.5 Change of this Data Protection Statement
We reserve the right to change these Data Protection Provisions at any time in accordance with statutory requirements.
2. Your Rights
The GDPR grants data subjects, whose personal data is processed by us specific rights, with regard to which we would like to inform you at this juncture:
2.1 Revocation of your consent to data processing
Many data processing operations are only possible with your consent. These shall be requested from you before the start of data processing. You can revoke this consent at any time. An informal message by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
2.2 Right of objection against data collection in particular cases and against direct advertising (art. 21 GDPR)
Insofar as data processing is based on Art. 6 (1) lit. e or f GDPR, you as a data subject reserve the right, at any time, to file an objection, for reasons arising out of its special situation, against the processing of your personal data concerned; this applies also to a profiling based on these provisions. Please refer to this data protection statement for the relevant legal basis pursunt to which a processing is permitted. As far as you file an objection, we shall no longer process the affected personal data unless we can provide legitimate interests for processing, which take precedence over your interests, rights and freedoms or insofar as the processing serves the assertion, exercise or defense of legal claims. Your personal data is processed for thepuposes of the exercise of direct advertising, you reserve the right to file an objection against the processing of your personal data for the purpose of such advertising; this also applies to profiling, as far as it is related to such direct advertising. Insofar as you file an objection, your personal data shall then no longer be used for the purposes of direct advertising.
2.3 Right of appeal to a supervisory authority
In the case of violations of the GDPR, the data subject is entitled to a right of appeal to a supervisory authority. The right of appeal is without prejudice to any other administrative or judicial remedies.
2.4 Information, deletion and rectification
As a data subject, you at any given time reserve the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing, as well as a right to rectification or deletion of this data. For further information on personal data, please contact us at any time under the address provided in the imprint.
2.5 Right to restriction of processing
As a data subject, you at any given time reserve the right to request the restriction of the processing of your personal data. You can contact us at any time under the address provided in the imprint. The right to restrict processing exists in the following cases:
Insofar as you challenge the accuracy of your personal information stored with us, whereby we usually need time to verify this. For the duration of the audit, you as a data subject reserve the right to request the restriction of the processing of your personal data.
Insofar as the processing of your personal data is unlawful, you as a data subject reserve the right to request the restriction of data processing instead of the deletion.
Insofar as we no longer require your personal information, but you need it to exercise, defend or assert a claim, you as a data subject reserve the right to request that your personal information be restricted instead of deleting it.
Insofar as you have filed an objection pursuant to Art. 21 (1) GDPR, a weighing-up of your and our interests must be carried out. As long as it is not clear whose interests prevail, you as a data subject reserve the right to demand the restriction of the processing of your personal data.
Insofar as you have restricted the processing of your personal data, this data – without prejudice to its storage – may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for important public interests of the European Union or a Member State.
2.6 Right to data portability
You as a data subject reserve the right to have data that we automatically process on the basis of your consent or in fulfilment of a contract, to be transmitted to you personally or to a third party in a standard, machine-readable format. Insofar as you require the direct transmission ofthe data to another controller (responsible entity), this shall only be done to the extenttechnically feasible.
3. Access rights of the APP
To provide our services through the APP, we require the access rights listed below, which allow us to access specific functions of your device.
Location Data (only while using the APP and only when allowed!)
Unique Device Identifier
Internal Storage (downloading media content)
Access to the device functions is required to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f GDPR, your consent within the meaning of Art. 6 (1) lit. a GDPR or – insofar as a contract has been concluded– the fulfilment of our contractual obligations (Article 6 (1) (b) GDPR).
4. Collection of personal data within the framework of APP use General
When you use our APP, we collect the following personal information from you:
E-Mail address or phone number (for registration)
Anonymized usage data
Device informations (e.g. operating system or screen size)
The processing of this personal data is necessary to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f GDPR, your consent within the meaning of Art. 6 (1) lit. a GDPR or – insofar as a contract has been concluded – the fulfilment of our contractual obligations (Article 6 (1) (b) GDPR).
4.1 Data that we receive from third parties
When you register with us through Apple Inc. or Google, Inc., we will receive the following authentication information required for your registration, i.e.:
Your e-mail address
A unique user identifier ("user ID")
Basic data you specified in your profile (e.g. a nickname)
We use all of this information only to the same extent as the data that you provide when registering through our app or website.
4.2 Inquiry within the APP, by e-mail, telephone or fax
Insofar as you contact us (e.g. via contact form within the app, by e-mail, telephone or fax), your request including all resulting personal data (e.g. name, request) shall be stored and processed by us for the purpose of processing your request. The processing of this data is based on Art. 6 (1) lit. b GDPR, insofar as your request relates to the fulfilment of a contract or is required for the implementation of pre-contractual measures. In all other cases the processing is based on your consent (Art. 6 (1) lit. a GDPR) and / or on our legitimate interests (Art. 6 (1) lit. f GDPR), since we have a legitimate interest in the effective processing of requests addressed to us. The data sent by you to us by way of contact request, remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage ceases to apply (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected. We shall not share your information without your consent.
4.3 Comment function in this APP
In addition to your comment, the comments function in this APP shall also include information about when the comment was created and, insofar as you are not anonymous, the username you selected. The comments are stored on the basis of your consent (Article 6 (1) (a) GDPR). The comments and related data are stored and remain in the comment section and on our servers until the commented content has been completely deleted.
This is also applicable to different social interaction functions e.g. Bookmarks, Votes ("Likes")
5. Transfer of personal data to third parties
We will only disclose your personal information to third parties (including processors, i.e. third parties who process data for us on our behalf) if the transfer is necessary to fulfill our contractual obligations to you, if we are otherwise legally entitled or obliged to disclose it, or if you have given us consent to do so. In order to provide our services, selected personal information may be shared with certain departments within our company. This includes employees from the accounting, legal, product management, marketing and IT departments. In certain cases, we also use external service providers who are commissioned by us to process data for us in accordance with instructions (see below). To the extent that your information is disclosed to third parties which are not located in an EEA country, we will ensure that the recipient has an adequate level of data protection, that adequate confidentiality provisions in the applicable contracts are maintained, that the standard contractual clauses for the transfer of personal information to processors issued by the European Commission are complied with, or that we obtain your consent.
5.1 Other Users
Other registered users, may be shown any information displayed on your public spotd profile (not your email address or phone number).
5.2 Service Providers
We also share your information with companies whose services we use to provide our services and manage our business affairs. In particular, the following services are provided to us by contractors we use:
Payment services, hosting services, maintenance and support, web/app analysis, fraud monitoring and prevention, marketing services, CRM services, customer service management services, geo-query services (transforming coordinates to real locations), etc.
Such service providers will be contractually obliged by us to process your data in accordance with the strict guidelines of the GDPR and may not use your data for any other purpose. Data will be disclosed in accordance with Art. 28 (1) GDPR or, alternatively, in accordance with our legitimate interest in the economic and technical benefits of using specialist processors, Art. 6 (1) lit. f GDPR.
5.4 Government agencies, authorities & courts, legal representatives
Insofar as we are legally obliged to do so or this is permitted under data protection law, we transmit personal data to authorities such as the police or the public prosecutor's office (Art. 6 (1) lit. c GDPR). This data is disclosed on the basis of our legitimate interest in combating misuse, prosecuting criminal offences (e.g. credit card fraud) and securing, asserting and enforcing claims, provided that your rights and interests in the protection of your personal data do not predominate, Art. 6 (1) lit. f GDPR.
6. Data Analysis
When you access our APP, your behaviour may be statistically analysed using certain analysis tools and analysed for promotional or market research purposes or to improve our offerings. When using such tools, we ensure compliance with Statutory Data Protection Provisions. When using external service providers (processors), we ensure through appropriate contracts with the service providers that the data processing complies with German and European data protection standards.
6.1 Google Analytics Firebase
We use Google Analytics Firebase (hereafter Google Firebase) to analyse user behaviour. Provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Google Firebase includes several features that allow us to analyse your in-app behaviour. In this way we can analyse, for example, your screen calls, operation of buttons, in-app purchases or the effectiveness of advertising campaigns. We can also determine which features are commonly or rarely used within our APP.
Google Firebase stores for these purposes, among others the number and duration of sessions, operating systems, device models, region, and a range of other data. For a detailed overview of the data collected by Google Firebase, see: https://support.google.com/firebase/answer/6318039?hl=de
Use of Google Firebase may require the transfer of your personal information to the United States in near future. Currently(09/2020), all of this data is stored in Germany.
The storage period for the data thus acquired is regulated as being stored permanently and removed upon request or account delete etc.
Use of Google Firebase is effected to optimize this APP and improve our offerings. This constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR For more information about Google Firebase, visit:
Current status: 10/2020