Privacy policy

SmartMunk GmbH (hereinafter referred to as “SmartMunk”) is committed to protecting your privacy and personal data. Personal data is collected and used strictly within the legal limits of applicable data protection law. With this privacy policy, we inform you of the personal data we collect when you use our internet based Software Tools as well as our websites (e.g. www.smartmunk.com) and what purpose we use it for.
SmartMunk collects and uses your personal data strictly within the legal limits of the data protection law of the Federal Republic of Germany. We inform you below of type, extent and purpose of any collection and use of personal data. You can access this information at any time on our website at www.smartmunk.com/terms-and-conditions and www.smartmunk.de/terms-and-conditions.
 
Data controller/Contact
The data controller for the purpose of data protection law is:
SmartMunk GmbH
Theaterstraße 67
52062 Aachen
Please feel free to address any questions or concerns regarding data protection/privacy to contact@smartmunk.com.
 
Scope of data protection
Data protection concerns personal data. This is defined in Sec 3 para. 1 of the German Federal Data Protection Act (“Bundesdatenschutzgesetz”; “BDSG”) as any information concerning the personal and material circumstances of an identified or identifiable individual. This includes information like name, postal address, e-mail address or telephone number, but also usage date in some cases. Usage data are data required to use our website, for instance information about start, end and extent of website use as well as login data.
 
Collection and use of your data
Automatic data collection
When you access the SmartMunk’s Software Tools and its websites, your browser automatically transmits certain data for technical reasons. The following data are stored separately from any other data you may transmit to us:
    Date and time of access,
    Browser type and version,
    Operating system,
    URL of the website visited prior to ours,
    Amount of sent data.
These data are stored for purely technical reasons and are never associated with any particular individual.
 
Data entered by customer and user
Customer
According to this privacy policy customer shall mean any and all entrepreneur or consumer using SmartMunk’s Software Tools free of charge or for valuable consideration. In order to fully enjoy the Software Tools of SmartMunk, you are required to register. This requires you to enter your name, your company name if applicable, your e-mail address and a password. These data are required to create and administer an account for you in order to enable you to fully enjoy the Software Tools of SmartMunk. Not least, SmartMunk needs these and potentially additional data in order to react to your requests, questions and criticism.
 
SmartMunk requires information about the country or continent of companies assessment, the billing address for accounting purposes regarding Software Tools for valuable consideration. Apart from that these information is voluntary.
 
User or Attendee
User or attendee (hereinafter referred to as “user”) shall mean any and all entrepreneurs or consumers which have been invited by customer to use its campaigns created via SmartMunk’s Software Tools. User of SmartMunk Software Tools do not need to register. They may comment on campaigns anonymised and may like or dislike a campaign by clicking on a plug-in developed by SmartMunk. Please note that all comments may be accessible to customers and other users. You should think carefully about what information you include in your comments and therefore make accessible to customers and other users.
We do not relate any comments to individuals. Nevertheless, please note that the customer may collect statistical and anonymised information about you and may relate this information to your comments.
Of course it is entirely up to you what information you chose to provide us with. SmartMunk feels obliged to give you this choice according to the principle of data economy. If you do not disclose certain information to SmartMunk, you may however not be able to fully use the SmartMunk Software Tools and the SmartMunk websites.
 
Sharing data
As a general rule, your personal data will be shared with third parties without your express prior consent only in the cases described below:
·     If it serves investigations of illegal use of the platform or is required to pursue legal claims, personal data may be shared with law enforcement agencies and third party victims. Such transfer of data will be made only where there is specific evidence for illegal or abusive conduct. Data may further be shared where it serves the enforcement of terms of use or other contractual agreements. SmartMunk is furthermore legally obliged to disclose certain information to certain public entities upon request. Such entities include law enforcement agencies that investigate administrative offences subject to fines, and tax authorities.
·     From time to time, we may require the assistance of contractually hired third parties and external service providers in order to provide our services, for instance in the domains of sending advertisements (only where you have explicitly consented beforehand), customer service and processing of payments (credit card). In these cases, we share information with such companies or individuals to enable them to carry out their tasks. In case of payments your data will be transferred to our service provider (Ogone GmbH, Wendelinstrasse 1, D-50933 Köln (www.ogone.com)) directly. SmartMunk will not store this data and is not able to access this data. Such external service providers are carefully selected and regularly checked in order to ensure your privacy. Service providers may only use the data for the purposes specified by SmartMunk. Service providers are furthermore contractually obliged by SmartMunk to treat data strictly in accordance with this privacy policy and German data protection law.
·     As our business evolves, the structure of SmartMunk GmbH may change, for instance by a change in legal form or creation, acquisition or sale of subsidiaries, branches or parts of a company. In the course of such transactions, customer data will be transferred together with the relevant part of the company being transferred. In each case of a transfer of personal data to third parties to the extent described above, SmartMunk will ensure that such transfer is made in accordance with this privacy policy and applicable data protection law.
 
Newsletter
SmartMunk offers a free newsletter service. In its newsletter, SmartMunk informs about news as well well as information about innovations with respect to the use of our Software Tools (e.g. terms of use, changes in the service, new features) and new products or services or to provide you with other information that may be of interest to you. Furthermore, our newsletter informs you about offerings and products of our partners.
In order to receive the e-mail newsletter, you may enter your e-mail address in the “Newsletter” section.
You may opt out of the newsletter at any time. Each newsletter contains information on how to opt out of receiving newsletters with effect for the future.
 
Cookies
SmartMunk stores so-called “Cookies” to provide you with a wide range of functionalities, enable website usage and enhance website usage comfort. “Cookies” are tiny files stored on your computer through your browser. If you do not wish to receive “Cookies”, you may deactivate storing “Cookies” on your computer by changing your browser settings accordingly. Please note that the functioning of the website may be impaired and the range of functionalities may be limited if you deactivate “Cookies”.
 
Website Improvements
Piwik
This website uses Piwik, an open source software for analysis of visitor statistics. Piwik uses so-called “Cookies”, text files that are stored on your computer and permit an analysis of your use of the website. For this purpose, the usage information generated by the Cookie (including your truncated IP address) is transmitted to our server and stored for the purpose of usage analysis in order to optimize the website of SmartMunk. Your IP address is instantly anonymized in this process, so that you as a use stay anonymous to us. The information generated by the Cookie regarding your use of the website are not shared with any third party.
 
Deletion of your data
To the extent your data are no longer required for the aforementioned purposes, they are deleted. If you delete your user account, your profile will be deleted. To the extent data must be retained for legal reasons, they are blocked and will not be available for use. We keep all projects created with our Software Tools. In case the deletion of all data is needed entirely and finally you can send us an e-mail to contact@smartmunk.com and we will delete your data.
 
Right to access and correction
Of course you are entitled, upon request, to disclosure regarding your personal data that we are storing. You are also entitled to have any incorrect data corrected and rights to blocking or deletion. Please address any requests in such matters to contact@smartmunk.com or write to us at the address stated above.
 
Changes to privacy policy
SmartMunk reserves the right to modify this privacy policy. The current version of the privacy policy is always accessible at www.smartmunk.com/privacy-policy.
Last updated 18. June 2013