Data Protection Provisions

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1. Preamble

a) The following data protection provisions apply for the customers (hereinafter "Users") of Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, with its registered office in Neunkirchen, Austria (FN 293314w) (hereinafter "Operator of CANDIDATE"), that offers a meeting platform (hereinafter "CANDIDATE") at www.getcandidate.com (hereinafter "Website") and on the mobile app (hereinafter "App"). These data protection provisions become part of the contract between the user and CANDIDATE with any form of registration on the Website and/or the App.

b) The Operator of CANDIDATE will use statements, information and data that the user discloses solely in compliance with Austrian and European data protection law and these data protection provisions.

c) Each User registered on CANDIDATE (hereinafter "User") can meet other users by using a question-answer game (hereinafter "Game") and by using the service offered by the Operator of CANDIDATE (hereinafter "Online Services").

d) The Operator of CANDIDATE is aware that the protection and the careful handling of personal data of the User are very important. As data protection is a pivotal concern at CANDIDATE and the Operator of CANDIDATE, the Operator of CANDIDATE will comply strictly with the statutory provisions valid in Austria when using these data.

e) The Users have the right and the obligation to keep the statements and data up to date, to process, replace and/or amend them in accordance with these data protection provisions. The User can fundamentally do this under his/her personal profile (hereinafter "CANDIDATE Account").

f) Questions on regulations relating to data protection can be sent by the User at any time by e-mail to datenschutz@getcandidate.com.

2. Scope of Validity

a) The Operator of CANDIDATE explicitly points out that this declaration of data protection applies for:

· all websites,

· mobile apps for end devices of the operating systems iOS and Android as well as

· social media pages

of the Operator of CANDIDATE and thus for the online services

b) When using the online services offered, links to websites of third-party providers may possibly be displayed to the User. The Operator of CANDIDATE has no influence on the referenced content of the third-party providers and cannot guarantee that their data protection provisions are compliant with those of CANDIDATE. In addition, the Operator of CANDIDATE points out that the Operator of CANDIDATE has no control or information whatsoever about the handling of data protection provisions and their compliance by third-party providers.

c) That is why it is recommended to Users of CANDIDATE that they read the data protection provisions of third-party providers before they provide personal data to them. The Operator of CANDIDATE explicitly points out that personal data that have been provided by third-party providers or collected by them are not covered by the data protection provisions of CANDIDATE.

d) The Operator of CANDIDATE does not have any access to or influence over cookies and other functions that are used by third-party providers in connection with any advertising on the website and/or the App.

3. Collection and Usage of Personal Data

a) The User gives his/her explicit consent to personal data of the User being collected and used for the use of the online services of CANDIDATE. Personal details may also be used for analysis and improvement purposes for the benefit of the User.

b) The Operator of CANDIDATE uses the following personal details for purposes of operating CANDIDATE and the User's participation in games:

· place of residence

· gender

· interest in male and/or female contacts

· "About me": This is a free text field in which each User can individually describe himself or herself.

· e-mail address

· password

· telephone number

· User/device ID, advertising IDs

· IP address

· geolocation

· photo (if uploaded by the User)

c) The Operator of CANDIDATE uses the following personal details for purposes of the User's participation in surveys, competitions, marketing promotions, newsletter subscription, tests, support and services:

· e-mail address

· User/device ID, advertising IDs

· in individual cases, other data can also be required (this will be explicitly notified to the User by the Operator of CANDIDATE).

d) As an option to registering at CANDIDATE, connect functions of third parties such as Facebook Connect are offered. When registering via connect functions of third-party providers, the User declares his/her consent with the respective terms and conditions of these third-party providers and also consents to certain data from the respective profiles of the User being taken over into the CANDIDATE database.

e) Within the framework of its online services, CANDIDATE displays advertising of third parties. Importance is attached to them being displayed in accordance with the target group. For this purpose, the Operator of CANDIDATE may possibly use parts of the personal user data to select the target groups. However, this selection is done solely on an anonymous basis; there is thus no personal link for advertising customers of CANDIDATE to Users.

4. Forwarding of Personal Data

a) As a fundamental rule, personal data are not transmitted to third parties by the Operator of CANDIDATE, with the exception of the individual cases provided for in these Data Protection Provisions.

b) The Operator of CANDIDATE uses services of third parties (hereinafter "Partners") in order to facilitate and maintain the operation of the offered online services of CANDIDATE. For this purpose, personal data have to be provided to these partners in certain cases. Where possible, the Operator of CANDIDATE will transfer these data in anonymised form. The partners of the Operator of CANDIDATE are contractually obligated to treat personal data that they are sent by the Operator of CANDIDATE as confidential and to use them solely for the services used by CANDIDATE.

c) In addition, the Operator of CANDIDATE can be entitled or even obligated in cases envisaged by the law to forward personal data to third parties.

5. Integrity of the Personal Data and Access to these Data

a) The Operator of CANDIDATE attaches the utmost importance to data integrity. This means that the correctness of the personal data stored in the system provided by the Operator of CANDIDATE is ensured. In addition, CANDIDATE offers the User access to his/her personal profile (hereinafter "CANDIDATE Account") and the possibility of editing and deleting the data contained therein.

b) For the protection of data integrity, the Operator of CANDIDATE uses certain technologies, access methods and internal protocols (guidelines) in order to guarantee this protection. As a fundamental rule, the Operator of CANDIDATE strives to offer the User as simple access as possible to the Candidate Account.

In order to guarantee the protection of the aforementioned data integrity and the access, however, the User has to ensure that the access to his/her personal data is only possible via the App, thus purely via the access from his/her mobile end device on which CANDIDATE is installed. That is why the Operator of CANDIDATE explicitly points out to the User that he/she should not give his/her mobile end device to third parties in a negligent manner and/or protect his/her mobile end device from unauthorised use by third parties.

6. Security

It is important to the Operator of CANDIDATE that unauthorised or unjustified access to the personal data processed by the Operator of CANDIDATE is prevented. For this purpose, the Operator of CANDIDATE uses certain technologies and technical protective measures. The transmission and collection of personal data are done via SSL (Secure Sockets Layer) encryption. The systems used by the Operator of CANDIDATE are protected, among others, with the help of firewalls.

7. Data Protection in the case of Minors

The Operator of CANDIDATE does not knowingly collect any data from people under the age of 16. CANDIDATE explicitly does not address people under the age of 16. CANDIDATE recommends that parents and guardians take over an active role in their children's online activities and interests to protect their children.

8. Anonymity and Visibility of the User towards other Users

a) The User declares his/her consent to the following personal data being visible to other Users when using CANDIDATE in the following cases:

  • If a User creates a question-answer game on his/her own initiative and for which a participation option is displayed to other Users, the name, age, gender, place of residence, distance between the User's place of residence to the place of residence of the other User (the distance will not be displayed more precisely than down to 2 kilometres), interest in male/female contacts, "About me" text and the questions of the User's game will be visible from the point of creation until the end of the game.
  • The User has the option of activating his/her profile for other Users on a permanent basis. The name, age, gender, place of residence, distance between the User's place of residence to the other User's place of residence (the distance of the place of residence is not displayed more precisely than down to 2 kilometres), interest in male/female contacts, "About me" text, photos (if uploaded by the User) and interests are thus visible to the other Users. If a User defines a permanent question with the aid of the function envisaged, this question will also become visible for the other Users.

b) As a result of the registration on CANDIDATE, a communication between the Users is possibly based on the sending of messages via an internal message exchange system (hereinafter "Message System"). Messages can only be exchanged if two Users have contacted one another via the envisaged mechanisms. If two Users have contacted one another, they can inspect the profile of the other User. The following personal data are thus visible: name, age, gender, place of residence, distance between the User's place of residence to the place of residence of the respective other User, interest in male/female contacts, "About me" text, photos (if uploaded by the User) and interests. If a User defines a permanent question in his/her profile with the aid of the function envisaged, this question will also become visible for the other Users.

9. State of the Art

a) The User of CANDIDATE notes that according to the current state of the art, technical systems and the transmission between such systems cannot be fully protected against unauthorised (unwarranted access by third parties). For this purpose, the Operator of CANDIDATE cannot guarantee the protection of personal data.

b) In particular, security when transmitting the content of messages cannot be guaranteed by the Operator of CANDIDATE.

10. Usage of data for analysis purposes

For analysis purposes, CANDIDATE uses certain procedures and mechanisms (tools). In the process, personal data, where possible and specified by the law, are used in anonymised form so that no direct personal link to Users can be established.

11. Use of Automatic Data Recording Methods

a) During the use of all online services of CANDIDATE, information may possibly be collected by certain automatic data recording methods such as cookies and other conventional mechanisms. This incorporates, among others, browser-specific data as well as data that reflect the user behaviour of the online services. These data are collected by CANDIDATE, among others, for analysis and improvement purposes. If CANDIDATE collects personal data as a result, this is done on the basis of the statutory provision of Section 96 Par. 3 of the Telecommunications Act (TKG) and of Sections 6 ff. of the Data Protection Act (DSG). The provision of personal data takes place on the basis of Section 12 of the Data Protection Act (DSG).

· Cookies/Use of cookie data

- Session cookies: When the website of CANDIDATE is visited, data are saved in the short term in the User's browser that are deleted again when the browser is exited (depending on the provider).

- Mobile cookies: Cookies can also be used when using CANDIDATE via a mobile web browser.

- Google Analytics cookies: cf. below "Google Analytics"

- Google Cloud Vision API: see below “Google Cloud Vision API”

- Flurry Analytics: cf. below "Flurry Analytics"

- Facebook Analytics for Apps: cf. below "Facebook Analytics for Apps"

- Pixel tags

- Visitor promotion pixel of Facebook: cf. "Visitor promotion pixel of Facebook"

- Remarketing functions: cf. "Remarketing Functions" Below

· Use of mobile device IDs and advertising IDs: CANDIDATE uses mobile device IDs or advertising IDs (Apple's Identifier for Advertisers (IDFA), Android, Android Advertising ID, Universal Device ID (UDID)) in order to be able to analyse the User's behaviour when using CANDIDATE.

· IP (Internet Protocol) address

· Data to determine location e.g. GPS data

In addition, information can be obtained from third parties/partners (e.g. advertising companies, ad networks, etc.). These partners use certain tracking methods in order to facilitate services such as the display of advertising.

Avoidance of cookies: The User can reject the setting of cookies at any time. For this purpose, there is a corresponding option in the settings of the browser used as well as the possibility of using various additional programs, such as the opt-out option on the deactivation page of the Digital Advertising Alliance http://www.aboutads.info/choices/#completed. However, the performance of the online services of CANDIDATE can be restricted as a result.

b) The User declares his/her consent to the use of cookies and the other named functions/technologies during the contractual relationship with CANDIDATE. This consent can be revoked at any time by removing and deleting cookies from the end device and the browser and/or by taking advantage of the options listed in the previous paragraph. However, this can impair the functionality of the online services.

c) CANDIDATE does not have access to or influence over cookies and other functions that are used by third parties in connection with advertising on the Website.

12. Google Analytics

a) This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are saved on the User's computer and that permit an analysis of the usage of the website by the User. The information generated by the cookie regarding the User's usage of the website are usually transmitted to a server of Google in the US and saved there. In the event of IP anonymisation being activated on this website, however, the IP address of the User will be shortened beforehand by Google within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a server of Google in the US and saved there.

b) On behalf of CANDIDATE, Google will use this information to analyse the usage of the website, to compile reports on the website activities and to provide other services associated with the website usage and the Internet usage towards the website operator. The IP address transmitted within the framework of Google Analytics by the User's browser will not be combined with other data of Google.

c) The User can prevent cookies being saved by a corresponding setting in the browser software; however, CANDIDATE points out to the User that in this case the User may not be able to use all functions of this website in full. In addition, the User can prevent the recording of the data generated by the cookie and relating to his/her usage of the website (incl. his/her IP address) to Google and the processing of these data by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

d) CANDIDATE also makes use of Mobile Google Analytics. In the process, the automatic data recording is not done via cookies but instead the data are transferred directly from the App to the server of Google.

e) CANDIDATE provides the internally used User ID to Google, and this is stored by Google. The internally used User ID is a numerical code assigned to the User. The data collected with Google Analytics can be put into context by CANDIDATE with the help of the User ID. Google is not able to identify individual persons using the User ID provided by CANDIDATE. This also does not make it possible for Google to permanently identify a specific device (e.g. unique device ID of a mobile telephone, assuming this cannot be reset).

13. Google Cloud Vision API

CANDIDATE utilises “Google Cloud Vision API”, a service from Google Inc. (“Google”). The Google Cloud Vision API allows the Operator of CANDIDATE to analyse the content of images uploaded by the User with the help of a machine learning model in order to identify morally infringing or inappropriate content or to learn about the interests of the User. The images are transmitted to a Google server and are generally processed and stored by Google. More information is available here: https://cloud.google.com/terms/.

14. Flurry Analytics

CANDIDATE uses "Flurry Analytics", an analysis service of Flurry Inc., 282, 2nd St #202, San Francisco, CA 94105, United States ("Flurry"). Flurry Analytics makes it possible for the Operator of CANDIDATE to analyse the usage of the App by its user. The information generated by Flurry regarding the usage of CANDIDATE are usually transferred to a server of Flurry and saved there. Among others, the following technical data are collected via Flurry Analytics: platform, app version, software development, kit version, API key, start/end of a session, IMEI (International Mobile Equipment Identity) number, Media Access Control (MAC) address, device model, manufacturer, provider name, device operating time, battery usage, location, time zone, network status (Wi-Fi, etc.) and error reports. Device identification data related to the end device as well as platform, IMEI number and MAC address will automatically be replaced by a code after collection by Flurry, meaning that it is not possible to link them with your person. The information collected via Flurry will be provided to CANDIDATE in aggregated form, such as number of users over a period of time, number of users per device type, usage time. CANDIDATE provides the internally used User ID to Flurry, and this is generally stored by Flurry. The data collected with Flurry Analytics can be put into context by CANDIDATE with the help of the User ID. Flurry is not able to identify individual persons using the User ID provided by CANDIDATE. The User can prevent the collection of data by Flurry Analytics at any time. For this purpose, the link below is to be clicked on and the instructions there complied with: https://dev.flurry.com/secure/optOut.do. Further information on compliance with data protection by Flurry can be found here: https://policies.yahoo.com/ (there in each case under "Flurry Analytics").

15. Facebook Analytics for Apps

CANDIDATE uses "Facebook Analytics for Apps", an analysis service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). Facebook Analytics for Apps makes it possible for the Operator of CANDIDATE to analyse usage of the App for purposes of statistics and market research. Facebook Analytics for Apps collects data from persons who use CANDIDATE. The Operator of CANDIDATE receives these data in aggregated and anonymised form. CANDIDATE provides the internally used User ID to Facebook, and this is generally stored by Facebook. The data collected with Facebook Analytics for Apps can be put into context by CANDIDATE with the help of the User ID. Facebook is not able to identify individual persons using the User ID provided by CANDIDATE. The information generated by the use of Facebook Analytics for Apps regarding the usage of CANDIDATE will be saved and processed by Facebook, and CANDIDATE will inform the User about this accordingly, based on the knowledge available to it. Facebook can use these data with the user's Facebook account and also for its own advertising purposes in accordance with the data usage guidelines of Facebook. (https://www.facebook.com/about/privacy).

16. Visitor promotion pixel of Facebook

This website uses the "Visitor promotion pixel" of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). With the aid of this, CANDIDATE can track the User's behaviour after the latter has seen or clicked on a Facebook advertising ad. This makes it possible to record the effectiveness of Facebook ads for purposes of statistics or market research. The data recorded in this way are anonymous for CANDIDATE. This means that the User's personal data are not visible. These data will be saved and processed by Facebook, and CANDIDATE will inform the user about this accordingly, based on the knowledge available to it. Facebook can use these data with the User's Facebook account and also for its own advertising purposes in accordance with the data usage guidelines of Facebook. (https://www.facebook.com/about/privacy). The User can make it possible for Facebook and its partners to place advertisements on and outside of Facebook. In addition, a cookie can be saved on the User's computer for these purposes.

17. Remarketing Functions using Cookies of Third Parties

CANDIDATE uses the following remarketing functions of third-party providers: Google AdWords Remarketing and "similar target groups" of Google Inc. and the “visitor promotion pixel” of Facebook Inc. To carry out these remarketing functions, the third-party providers use cookies that facilitate an analysis of the website usage and the usage of the App by the User. The information generated in this way is used to address the User via remarketing campaigns with online advertising at a later point in time on websites or apps that belong to the online network of third-party providers. The use of remarketing services makes it possible for CANDIDATE to display advertising to the User that corresponds to the User's interests. The User can deactivate the use of cookies by third-party providers by calling up the deactivation page of the Digital Advertising Alliance (Digital Advertising Alliance Consumer Choice Page) at http://www.aboutads.info/choices/#completed and implementing the further information on the opt-out that is given there. Alternatively, the User can deactivate the use of Google AdWord Remarketing by calling up the page http://www.google.com/ads/preferences. The User can find further information on Google Remarketing at: http://www.google.com/privacy/ads/.

18. Sharing Functions

CANDIDATE uses sharing functions, that enable users to share content of users with other users as well as people, who are not yet registered CANDIDATE users (“participated third parties”) through software programs and mainly apps. By using sharing functions, users and/or participated third parties receive a profile photo (if uploaded by user), the name and the age of the shared user and a link, that leads directly to the CANDIDATE profile of the shared user and participated third parties get the opportunity to register at CANDIDATE before being led to the profile of the shared user. Participated third parties have to create an account at CANDIDATE to get access to the profile of the shared user.

19. Declaration of Consent

By completing and thus confirming the registration dialogue in the course of the registration or the following confirmation, the User confirms that he/she has read the data protection provisions and declares himself/herself in agreement with them.

In particular, the User gives his/her consent to the following under data protection law:

  1. The User consents to (i) the following personal data being processed for purposes of informing about and advertising for activities and the services offered on the meeting platform CANDIDATE, to use the CANDIDATE services offered by Schneider Holding Wirtschaftsprüfungsgesellschaft mbH and for advertising for offerings of third parties: name, age, place of residence, gender, interest in male and/or female contacts, "About me" text field, e-mail address, password, telephone number, User/device ID, advertising ID, IP address, geolocation, photo (if uploaded by the User), content regarding the question-answer game and permanently activated questions (ii) the following personal data for insight or use of CANDIDATE services by other users transmitted to them: name, age, place of residence, gender, interest in male and/or female contacts, "About me" text field, e-mail address, password, telephone number, User/device ID, advertising ID, IP address, geolocation, photo (if uploaded by the User), content regarding to the question-answer game and permanently activated questions (iii) the following personal data for purposes of visualisation transmitted to other users as well as people which are not yet registered CANDIDATE users by sharing functions, especially by apps: photo (if uploaded by the user), name, age. The User can revoke his/her consent at any time by post to Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, Schwarzottstrasse 2a, 2620 Neunkirchen or by e-mail to support@getcandidate.com.
  1. The User consents to the automatic data recording methods described in these data protection provisions, in particular data cookies, being used both by CANDIDATE and also by third parties during the contractual relationship with CANDIDATE. This consent can be revoked at any time by removing and deleting cookies from the end device and the browser. However, this can impair the functionality of the online services. The User further agrees that Schneider Holding Wirtschaftsprüfungsgesellschaft mbH may, for the purposes of informing about and advertising for activities and the services offered on the meeting platform CANDIDATE, for use of the services offered by CANDIDATE and for advertising for offerings of third parties, provide the internally used User ID (i.e. a number assigned to the User) to Google; Flurry Inc., 282, 2nd St #202, San Francisco, CA 94105, USA (“Flurry”) and Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) and may process the data generated by Google, Flurry and Facebook on the basis of the provision of this User ID for the purposes of informing about and advertising for activities and the services offered by the meeting platform CANDIDATE as well as for the use of the services offered by CANDIDATE. The user can withdraw his approval pursuant to this paragraph at any time in writing by mail to Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, Schwarzottstrasse 2a, 2620 Neunkirchen or by email to support@getcandidate.com.
  1. The User agrees that Schneider Holding Wirtschaftsprüfungsgesellschaft mbH may, for the purposes of identifying and preventing images with morally infringing or inappropriate content, for analysis of the User’s interests with regard to informing about and advertising for activities and the services offered by the meeting platform CANDIDATE and for analysis of the User’s interests with regard to the advertising for offerings of third parties, transmit the images uploaded by the User to Google with the help of self-learning software operated by Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (“Google”). The user can withdraw his approval pursuant to this paragraph at any time in writing by mail to Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, Schwarzottstrasse 2a, 2620 Neunkirchen or by email to support@getcandidate.com.

Status 14.07.2017