Privacy policy

The internet platform accessible at fryd.app (hereinafter "internet platform") and the mobile application "Fryd" (hereinafter "app") are provided by Fryd GmbH, Badergasse 8, 70372 Stuttgart (hereinafter "we" or "us").

Within the internet platform and the app, you can create a user account (hereinafter referred to as "registration") in order to use various functions related to the planning and management
of your garden (hereinafter referred to collectively as "services").

When you use the Services, we process personal data. Personal data means any information relating to an identified or identifiable natural person.

Because protecting your privacy when using the Services is important to us, we would like to inform you in the following which personal data we process when you use the Services and how we handle this data.

You can access this privacy policy at any time on the internet platform and in the app.

1. Name and contact details of the data controller

Fryd GmbH
Badergasse 8
70372 Stuttgart

E-Mail: [email protected]

2. Data processing on the Internet platform

a) When visiting the internet platform

When you visit our Internet platform, information is automatically sent to the server of our website by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automatic deletion:

Name of the retrieved file
Date and time of the retrieval
Amount of data transferred
Message as to whether the retrieval was successful
Description of the type of web browser used
Operating system used
The previously visited page
Your IP address

The above data is processed by us for the following purposes:

Ensuring a smooth connection setup of the website,
ensuring comfortable use of our website,
evaluation of system security and stability as well as for other administrative purposes.

The legal basis for the data processing is Art. 6 para. 1 lit. f DSGVO. Our legitimate interest follows from the data collection purposes listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.

b) When registering for a user account and using the internet platform

When you register and create a user account, we use the login details you provide (name, email address and password) to grant you access to and manage your user account ("mandatory details").

We use the Mandatory Information to authenticate you when you log in and to follow up on requests to reset your password. We process and use the information you provide during registration or login to (1) verify your eligibility to manage your account; (2) enforce the Terms of Service and all rights and obligations under them; and (3) contact you with technical or legal notices, feature updates, security alerts, or other communications, such as those related to managing your account.

In addition, you may provide a variety of other information (e.g. about your garden) (hereinafter "User Data") when using our service. We process this User Data in order to be able to offer and provide you with the functions within the scope of our services.

This processing of the mandatory information and User Data is legitimised by the fact that (1) the processing is necessary for the performance of the contract between you and us pursuant to Article 6 (1) (b) of the GDPR for the use of the Services or (2) we have a legitimate interest in ensuring the functionality and fault-free operation of the Services, which outweighs your rights and interests in the protection of your personal data within the meaning of Article 6 (1) (f) of the GDPR.

c) Subscribe to our newsletter

Based on your consent (Art. 6 para. 1 a DS-GVO), we would be like to inform you about the latest news on our services by means of our newsletter.

To send a newsletter, you must enter and submit your name and e-mail address and may enter further voluntary information. After you have submitted your e-mail address, you will receive an e-mail from us to the e-mail address you provided, in which you must click on a confirmation link to verify the e-mail address you provided.

Your data will only be stored by us for the purpose of sending our newsletter. In addition, we store your IP address and the date of your registration in order to be able to prove the newsletter registration in case of doubt.

You can unsubscribe from the newsletter at any time by clicking on the unsubscribe link in the footer of the newsletter.

d) Cookies

We use so-called cookies in some areas of our internet platform. Through such file elements, your computer can be identified as a technical unit during your visit to this internet platform in order to facilitate your use of our offer - also during repeat visits. As a rule, however, you have the option of setting your internet browser to inform you of the occurrence of cookies so that you can allow or exclude them, or delete cookies that already exist. Please use the help function of your internet browser to obtain information on how to change these settings.

We would like to point out that individual functions of our Internet platform may not work if you have deactivated the use of cookies.

We base the use of cookies on Art. 6 para. 1 lit. f) DSGVO: the processing is carried out to improve the functioning of our internet platform. It is therefore necessary to protect our legitimate interests.

e) Use of third-party tools

We use the following third-party tools in some areas of our internet platform to improve our service:

Google Analytics
Google Optimize
Facebook Analytics
Plausible Analytics

3. Data processing in the app

a) When downloading the app

When downloading the app, certain required information is transmitted to the app store selected by you (e.g. Google Play or Apple App Store), in particular the user name, the e-mail address, the customer number, the time of the download and the individual device identification number may be processed. The processing of this data is carried out exclusively by the respective App Store and is beyond our control.

b) When registering for a user account and using the app

When you register and create a user account, we use the login data you provide (name, email address and password) to grant you access to and manage your user account ("mandatory data").

In addition, you may provide a variety of other information (e.g. about your garden) (hereinafter "user data") when using our service.

The app also requires the following permissions:

Internet access: This is required in order to save your entries on our servers.

As required within the scope of individual functions, you can also grant the app the following authorisations:

Camera access: This is required so that you can take photos (e.g. of your garden) and save them in the app.
Access to photos and videos: This is needed so that you can upload any content to the app.
Location: This is needed to show you the weather report at your bed location and to process the weather data in your bed plan (e.g. for calculating plant growth).

We process this user data in order to be able to offer and provide you with the functions within the scope of our services.

This processing of mandatory data and user:inside data is legitimised by the fact that (1) the processing is necessary for the fulfilment of the contract between you and us in accordance with Art. 6 (1) (b) DSGVO for the use of the services or (2) we have a legitimate interest in ensuring the functionality and fault-free operation of the services, which outweighs your rights and interests in the protection of your personal data in the sense of Art. 6 (1) (f) DSGVO.

c) Use of cookies or third-party tools

We use the following third-party tools in some areas of our Internet platform to improve our service:

Firebase Analytics
Facebook Analytics
Sentry Crashlytics
Login with Google
Login with Apple
Login with Facebook

4. Weitergabe von Daten

In addition to the cases explicitly mentioned in this data protection declaration, your personal data will only be passed on without your express prior consent if this is permitted or required by law.

If it is necessary for the clarification of an illegal or abusive use of the services or for legal prosecution, personal data will be forwarded to law enforcement agencies or other authorities and, if applicable, to injured third parties or legal advisors. However, this only happens if there are indications of unlawful or abusive behaviour. A transfer may also take place if this serves the enforcement of terms of use or other legal claims. We are also legally obliged to provide information to certain public authorities upon request. These are law enforcement agencies, authorities that prosecute administrative offences subject to fines and the tax authorities.

Any disclosure of personal data is justified by the fact that (1) the processing is necessary for compliance with a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. f) DSGVO in conjunction with national legal requirements to disclose data to law enforcement authorities, or (2) we have a legitimate interest in disclosing the data to the aforementioned third parties if there are indications of abusive behaviour or to enforce our terms of use, other conditions or legal claims and your rights and interests in the protection of your personal data within the meaning of Art. 6 para. 1 lit. f) DSGVO are not overridden.

We rely on the following third-party companies and external service providers to provide our service:

STRATO AG
PayPal (Europe) S.à r.l. et Cie, S.C.A.
Stripe, Inc.

Any transfer of personal data is justified by the fact that we have carefully selected our third-party companies and external service providers as order processors within the scope of Art. 28 (1) DSGVO, regularly checked them and contractually obliged them to process all personal data exclusively in accordance with our instructions.

5. Data transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of using third-party services, this is only done in accordance with the legal requirements. Subject to explicit consent or contractually or legally required transfer, we only process or have the data processed in third countries with a recognised level of data protection or on the basis of a contractual obligation through so-called standard protection clauses of the EU Commission.

6. Data storage period

We will delete or anonymise your personal data as soon as it is no longer required for the purposes for which we collected or used it in accordance with the above paragraphs. As a rule, we store your personal data for the duration of the usage or contractual relationship for the Services plus a period of 30 days, during which we keep backup copies after deletion, unless this data is needed for longer for criminal prosecution or to secure, assert or enforce legal claims.

Specific information in this data protection declaration or legal requirements for the retention and deletion of personal data, in particular data that we are required to retain for tax reasons, remain unaffected.

7. Your rights as a data subject

a) Right to information

You have the right to receive information from us at any time, upon request, about the personal data we process that concerns you within the scope of Art. 15 DSGVO. To do this, you can send a request by post or email to the address given above.

b) Right to rectify incorrect data

You have the right to request us to correct the personal data concerning you without delay if it is incorrect.

c) Right to erasure

You have the right to demand that we delete the personal data concerning you under the conditions described in Art. 17 DSGVO. These conditions provide in particular for the right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an erasure obligation under Union law or the law of the Member State to which we are subject. For the period of data storage, please also see section 6 of this privacy policy.

d) Right to restriction of processing
You have the right to demand that we restrict processing in accordance with Art. 18 DSGVO. This right exists in particular if the accuracy of the personal data is disputed between the user and us, for the duration that the verification of the accuracy requires, as well as in the event that the user requests restricted processing instead of erasure in the case of an existing right to erasure; furthermore, in the event that the data are no longer necessary for the purposes pursued by us, but the user requires them for the assertion, exercise or defence of legal claims, as well as if the successful exercise of an objection is still disputed between us and the user.

e) Right to data portability

You have the right to receive from us the personal data relating to you that you have provided to us in a structured, commonly used, machine-readable format in accordance with Article 20 DSGVO.

f) Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out, inter alia, on the basis of Article 6(1)(e) or (f) DSGVO, in accordance with Article 21 DSGVO. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defence of legal claims.

g) Right of complaint

You also have the right to lodge a complaint with the competent supervisory authority.

8. Contact

If you have any questions or comments about our handling of your personal data, or if you wish to exercise any of the data subject rights set out in section 7, please contact us using the contact details above.

9. Changes to this privacy policy

We always keep this privacy policy up to date. Therefore, we reserve the right to amend it from time to time
and to update any changes in the collection, processing or use of your data.

As of: 31.05.2021