Terms and Conditions of Use – NETME

Preamble

These Terms and Conditions of Use (TCU) apply to the services offered on the website www.netme.eu and the mobile application.

The service is provided by NETME UG (a limited liability company under the laws of Germany), registered on the Commercial Register of the Handelsregister München under the number HRB 238 228. The TCU define the rights and obligations of the parties in connection with the use of the mobile application. They form the basis of a contractual relationship between the member and the company NETME UG.

These TCU define the main rules for using the mobile application. They are supplemented by additional policies, the Privacy Policy and the Cookie Policy, with the aim of providing the member with more detailed instructions for using the mobile application. In the event of a conflict between the different policies that renders the rules inaccessible, unintelligible and/or lacking in predictability, these TCU shall take precedence over the Privacy Policy and the Cookie Policy.

In the event that one of the stipulations in these TCU is declared invalid or inapplicable by a law, regulation or court judgement issued by a competent court, the other stipulations shall remain valid and in force, unless these TCU are thus undermined or such a situation would engender significant imbalance between the obligations of the parties.

Article 1 - Definitions

In these TCU, the words and expressions below shall have the following meanings:

Application: refers to the NETME application, available in the Apple App Store.

TCU: These Terms and Conditions of Use.

Account:The Account is the Member’s personal area in the Application, which can be accessed by registering and logging into the Application. It enables Members to access the Services. Terms and Conditions of Use indicates this contract.

Connection: When two Members accepted one another.

Premium: A Premium account enables a Member to:

  • Become a verified user
  • Change their current location
  • Hide their ‘last seen’ status
  • Get their messages highlighted
  • Decide to discover only other Verified users
  • Receive unlimited Invitations

Send a Invitation: Action represented by an envelope. Sending an Invitation is an action that incurs a charge, enabling a Member to send an Invitation to another Member. Invitations for non premium members are limited and can be sent free of charge on a daily basis (3 per day).

Send a chat request: An action represented by a text bubble, intended to send a request to another Member to start a conversation with each other. This action is visible, but only available if the other member accepted the request.

Member(s):A person (or people) registered in the Application.

Facebook Connect: A function that enables Members to use their Facebook account to log into the Application, thus simplifying the registration procedure.

NETME: NETME LTD (a limited company under the laws of Germany) registered on the Commercial Register of the Handelsregister München under the number HRB 238 228, the owner and sole operator of the Application and the ‘NETME’ trademark.

Premium membership: Memberships purchased by Members.

Reject: An action represented by a cross that expresses a Member’s lack of interest in another Member. This action is secret and no notification is sent. ‘Rejected’ profiles will no longer be able to contact the Member for a certain amount of time (21 days) unless they ‘Blocked’ the Member’s profile (undoable action).

Reject: An action represented by a cross that expresses a Member’s lack of interest in another Member. This action is secret and no notification is sent. ‘Rejected’ profiles will no longer be able to contact the Member for a certain amount of time (21 days) unless they ‘Blocked’ the Member’s profile (undoable action).

Services:All of the services, both chargeable and free, offered by NETME to help bring about virtual matches or real meetings between Members with a mutual interest in one another.

Site: The website www.NETME.eu

Article 2 - Applicable law and disputes

These Terms and Conditions of Use shall be governed, interpreted and applied pursuant to German law, without prejudice to the protection provided to members by the mandatory provisions set out in German law. If the meaning of any provision or term within these TCU is contested, the member may contact NETME by post addressed to Stefan-George-Ring 55, 81929 Munich, or directly by email to hello@netme.eu

In the event of a dispute, the member shall contact NETME in the first instance to settle the matter amicably. Any dispute that cannot be settled amicably shall be submitted to the competent District Court I of Munich without prejudice to the mandatory provisions set out in German law as regards the competence of the courts.

Article 3 - Amendments to the Services and Terms and Conditions of Use

NETME may amend the TCU at any time. Members shall be informed of the nature of these amendments as soon as they are uploaded to the Site. Members shall be informed of the new Terms and Conditions of Use via the Application and/or in an email sent to the email address provided by them, and the new Terms and Conditions shall apply immediately.

  • The amendments shall apply immediately to members who sign up after they are uploaded onto the site, given that they will have accepted them expressly when becoming a member
  • For members who signed up before the amendments were uploaded onto the site, the amendments shall be considered accepted unconditionally by said members if they continue to use the application’s services

It is the responsibility of the individual member to read the TCU carefully when they are updated and to read and understand any changes brought about by such an update. If a member should disagree with the amendments to the TCU, they shall have the right to cease using the Services and delete their Account pursuant to Article 10.

Article 4 - Conditions for accessing and registering for the Services

The Application can be downloaded free of charge from the Apple App Store for iPhones operating iOS version 9.0 or later and also from the site. If the necessary conditions for membership have been met, NETME shall allocate the member a personal account containing:

  • A profile that can be modified;
  • A chat area;
  • A match history.

Any person who wishes to register to use the Services must be aged 18 or over, have read and accepted these Terms and Conditions of Use, the Cookie Policy and the Privacy Policy.

If a Member signs up via Facebook Connect, NETME is granted permission to use their Facebook profile picture, first name, current city and age as ascertained from their date of birth to create a ‘profile’. The Member must therefore confirm that this information is correct on Facebook before registering for the Services.

When registering, Members accept these TCU and the Privacy Policy and commit to complying with their obligations as stated in Article 7 of these TCU.

Article 5 - Services and functions

The Application gives NETME Members an intimate and private setting within which to contact other Members selected in line with compatibility criteria (geographical proximity and the search criteria included in Members’ profiles) with the aim of establishing virtual matches or setting up real meetings. Each Member is free to talk to and develop relationships with other Members in compliance with these TCU.

Free Services

Some Services provided by NETME are available free of charge in the Application (aside from any internet and telecommunication charges) for Members who commit to complying with these TCU, including:

  • 2 daily invitation requests with another member. The invited member will, in turn, have the first member suggested to them. Members can then decide whether they like one another;
  • The ability to send 2 ‘chat request’ to other NETME member profiles per day;
  • The ability to send unlimited messages when a Connection is established between two Members;
  • Unlimited and confidential views of the profiles of suggested Members, except when one party has blocked the other.
  • An unlimited number of ‘rejects’ for invitations or chat requests.
  • The ability to confidentially report the behaviour of any Member that contravenes these TCU or the applicable law;
  • The ability to receive notifications;
  • The ability to complete their profile, in compliance with these TCU.

Chargeable Services

The chargeable Services offered through the Application can be accessed by Members by purchasing a Premium Membership.

A Premium Membership enables Members to:

  • Obtain a verification badge on their profile so that they can increase their interaction with other Members
  • Change their location, so they can find other Members in different areas, city or Country;
  • Hide their ‘last seen’ status
  • Get their chat request highlighted
  • Get their invitations highlighted
  • Get their messages highlighted
  • Decide to discover only other Verified users
  • Receive unlimited Invitations & Chat requests

Premium Memberships can be purchased in 4 different monthly packages(1, 3, 6 or 12 Months). Any purchased memberships is auto-renewed at the end of each package, on the condition of compliance with these TCU. However, in the event of the early termination of this contract due to non-compliance with these TCU, NETME reserves the right to close the Member’s Account without refunding the Premium Membership in the Member’s Account at that time.

Price

Memberships cannot be purchased on an individual basis. They are available in the form of monthly Memberships containing several months packages, and at the prices indicated in the Apple App Store.

Payment security

Memberships can be purchased securely through the Apple App Store using their respective payment methods. The Apple App Store are solely responsible for their payment methods and processes. NETME shall not intervene in these methods and processes pursuant to the conditions imposed by these platforms. Any refund request or request related to a payment must be addressed to the Apple department concerned.

Bank details are collected by Apple, beyond NETME’s control.

Article 6 - NETME’s Privacy Policy

When registering for the Site or the Application, the user is required to provide personal information pursuant to Article 4.

This information is subject to automated processing by NETME.

When validating their registration for the Application, the user must read and accept NETME’s Privacy Policy.

NETME uses cookies to operate and improve the Site and to improve the Services that it offers. By continuing to browse the Site, Members give their consent to the use of cookies.

Pursuant to Articles 38 et seq. of Law No 78-17 of 6 January 1978 amended by Law No 2004-801 of 6 August 2004 on Computing, Data Files and Civil Liberties, any person may access and, if necessary, correct or remove their personal data by contacting NETME, whose contact details are provided in Article 2 of these TCU. Any person may also, for legitimate reasons, object to their personal data being processed.

Article 7 - Members’ obligations and responsibilities

Obligations

When using the Services defined in Article 5, Members commit to:

  • Being honest and sincere in their statements;
  • Respecting the laws and regulations in force and not contravening public order;
  • Respecting intellectual and industrial property rights;
  • Not uploading photos of a third party;
  • Not committing offences of defamation, slander or provocation, particularly of a racial or discriminatory nature, and not defending war crimes or crimes against humanity;
  • Behaving with morality and decorum and, in particular, not circulating pornographic or exhibitionist content;
  • Keeping secret any passwords and other confidential codes that could enable a third party or other Members to access the Services of their Account;
  • Not using software, applications, interfaces or the assistance of a third party to interfere with contact between other Members of the Application (given that the - Application’s credibility depends wholly on exchanges being real);
  • Respecting the confidentiality of other Members’ communications and their privacy;
  • Not circulating or divulging the content of correspondence and Messages send directly to them in connection with the Services provided to them;
  • Refraining from making any proposition or suggestion to another Member against their expressed wishes;
  • Remaining polite and acting decently towards other Members;
  • Not jeopardising the Services, Site or Application;
  • Not offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on the Site and Application;
  • Not diverting Members of the Application to another site or application or a competitor’s service;
  • Refraining from any commercial use of, or advertisement using, the Site and Application;
  • Not organising demonstrations or mass meetings of their members through the Site, Application or Services provided to them.

Responsibilities

NETME moderates the content published by Members when they register, in particular photos published by Members and the description added to a Member’s profile. However, the Member has sole responsibility for their own actions and the information they publish through the Application. If NETME is held liable for a Member’s failure to comply with their obligations, the Member shall guarantee NETME against any conviction handed down against it whose basis originates from a violation of the law or these TCU by the Member.

Members may report prohibited content that violates applicable law or these TCU using the moderation tools provided by the Application in the menu found on each chat screen under the heading ‘Report’.

Any photograph that is pornographic or exhibitionist in nature or violates modesty or is generally considered immoral is formally prohibited. NETME reserves the right to delete any photograph that does not comply with the conditions above. Publishing any such photograph constitutes a serious offence which could lead to the Member’s Account being suspended and/or terminated, without prejudice to any other sanctions that may be imposed by the justice system.

NETME provides warnings to Members who wish to meet another Member in real life. Members are wholly responsible for verifying the identity of the people with whom they arrange any such meeting. Such ‘real’ meetings take place independently of NETME, and are the sole responsibility of the Members involved. NETME cannot be held liable for any actions or problems of any nature whatsoever committed or provoked by Members and/or former Members during events that take place following use of the Application. In this regard, the NETME messaging system enables users to decide which Members are authorised to view their profiles and communicate with them, with the aim of giving Members peace of mind and preserving their security. It is highly recommended that Members do not reveal personal information to other Members, even to those authorised to exchange Messages with them, that does not appear on their NETME profile, such as phone numbers, addresses or surnames. NETME strongly recommends that, for security reasons, Members only arrange real meetings in very busy public places or that they inform a family member or friend of the meeting, and only reveal their contact details after a reasonable period of time.

Members are solely responsible for paying for the equipment (hardware or software) required to access the Services, and all other related costs, including telecommunication charges. Members are solely responsible for their own equipment used in connection with the Service.

##Article 8 - NETME’s obligations and responsibilities

Obligations

NETME commits to providing the infrastructure and technical means required to provide a highquality Service to Members equipped with an iPhone handset running on the operating system iOS 9.0 or later. NETME cannot be held responsible for any operational faults in a Member’s handset or any compatibility issues between the Application and the handset. All possible measures are taken to minimise the risk of fraudulent access to NETME systems. In this regard, NETME has put in place a firewall (located between the internet network and the company’s private network to increase the company’s security by filtering traffic originating from or going to the internet).

Nevertheless, it is impossible to fully guarantee the security of a network. NETME is not responsible for any breakdowns, interruptions or malfunctions in the services provided by Members’ internet access providers, nor for any reason outside of NETME’s control that could interrupt or impair access to NETME Services. Members must ensure that they have a secure email address. Despite, or in the absence of, these precautions, a Member’s Account may be susceptible to fraud.

NETME also wishes to warn Members of the exceptional risk of receiving unwanted Messages or Messages that purport to have been sent by NETME. Members must be aware of the risk and vigilant, and warn NETME by letter or by email sent to the address provided in Article 2 of this document should such a situation arise.

Responsibilities

NETME and its partners cannot be held responsible for any illegal actions or actions subject to criminal sanctions committed by its Members, including but not limited to:

Criminal behaviour

NETME is not liable in cases of fraud, identity theft, prostitution, violation of the intellectual property of third parties or other criminal offences committed by its Members through the Site, the Application and the Services provided to them.

Litigious content

NETME reserves the right to save all litigious content, in particular in order to make it available to the competent authorities.

Real meetings

NETME is not responsible for real meetings organised by Members. Members who wish to organise such meetings are reminded that they do so at their own risk as indicated in Article 7 of these TCU, as NETME is unable to guarantee the truthfulness of information provided by its Members.

Mass demonstrations

NETME prohibits Members or third parties from organising demonstrations or mass meetings of their members through the Site and/or the Application made available to Members. NETME cannot be held responsible for any disturbance to public order or damages caused by Members or third parties participating in such meetings.

Article 9 - Intellectual property

Trademark law

The ‘NETME’ trademark is the exclusive property of NETME. NETME is the holder of all of the associated rights. The trademark was filed with the German National Institute of Industrial Property under the number 302017237503. Any reproduction and/or use and/or partial or total affixing and/or modification and/or removal of the trademark and the associated rights such as, for illustrative purposes, but not limited to, the slogan and logo featured in the Application, by any means whatsoever, in any form or material whatsoever and through whatever medium whatsoever, is strictly forbidden without the prior written express authorisation of NETME and shall be subject to legal proceedings. Members should not use meta tags or any other hidden text containing the ‘NETME’ name or trademark without the express written agreement of NETME. The trademark is protected by Articles 9, 42 and 45 seq. of the Germany Intellectual Property Code and by international intellectual property law.

NETME holds all of the intellectual property rights related to the Application and the Site. In the course of ordinary use of the Site or the Application and for this purpose alone, NETME grants Members the right to use the work featured in the Application and on the Site, such as, but not limited to texts, pagination, presentations, layouts, photographs, images, drawings, graphics, buttons, videos, sounds and data (‘Work’).

The licence to use the Work granted by NETME to Members is non-exclusive and non-transferable and is reserved for private, personal and non-commercial use worldwide in connection with and for the duration of registration for the Services.

It is prohibited to sell, rent, loan, distribute or sublicense all or part of a Work or to transfer any rights to all or part of this Work.

It is prohibited to copy, modify or alter in any other manner a Work, in full or in part, to create works derived from a Work or to integrate all or part of a Work into other works, whatever form they may take.

Works are protected by virtue of Articles 9, 42 and 45 seq. of the German Intellectual Property Code and international intellectual property law.

Software

The following conditions shall apply to all of NETME’s software (source codes, updates and developments, preparatory design material and related documentation) used in connection with the Services (the Software). All Software is the property of NETME, which holds all of the intellectual property rights and related usage rights. The Software is protected by Article 9, 42 and 45 of the German Intellectual Property Code and by international intellectual property law. In the course of ordinary use of the Site or the Application and for this purpose alone, NETME grants its Members the right to temporarily reproduce the Software. This reproduction right includes the right to load, display and execute the Software. Any rights not expressly granted to Members are held by NETME. The usage right granted by NETME to its Members is non-exclusive and non-transferable and is reserved for private and personal use worldwide in connection with and for the duration of registration for the Services.

It is prohibited to sell, rent, loan, distribute or sublicense all or part of a piece of Software or to transfer any rights to all or part of this Software.

It is prohibited to integrate all or part of a piece of Software into other programs, to compile all or part of the Software with another program, to transfer all or part of a piece of Software for use with another service or to copy, modify or alter in another manner a piece of Software in full or in part, to create works derived from the Software or to reverse engineer or decompile a piece of Software in full or in part, except within the limits authorised by the law. In order to keep the Software up to date, NETME may offer automatic or manual updates at any time and without prior notice.

Database use

The database related to the Application and the Site is the exclusive property of NETME, which holds all of the associated intellectual property rights.

It is prohibited to extract, by means of a permanent or temporary transfer, all or a qualitatively or quantitatively significant part of the content of the Application or Site onto another medium, by any means and in any form whatsoever.

It is also prohibited to reuse all or a qualitatively or quantitatively significant part of the content of the Application or Site by placing it at the disposal of the public, whatever form it may take.

Finally, it is prohibited to repeatedly and systematically extract or reuse qualitatively or quantitatively insignificant parts of the Application or Site if such operations manifestly exceed the normal conditions of use of the Application or the Site.

Unfair competition

It is formally prohibited to design a product similar to the Application or Site or to create an Application or Site derived therefrom, and more generally to commit acts of free riding, imitation, disparagement or any other act that constitutes unfair competition. If applicable, NETME reserves the right to serve summons on a Member with the aim of obtaining full reparation for damages caused by the said Member.

Members shall risk facing sanctions if they succeed in or attempt to grant licences or sublicensees, sell, resell, transfer, yield, distribute or operate commercially in another manner the Services, Application or the Site in any way whatsoever or make them available to a third party.

Content uploaded by Members

Each Member grants a usage license to NETME for the intellectual property rights attached to the content provided by said Member in connection with the use of the Services. This license shall be operated by NETME, within the limitations imposed by image rights and Members’ privacy, without reducing the authenticity of the Member’s profile, and remaining in conformity with this profile. This licence includes in particular the right for NETME to reproduce, represent and modify such content with the aim of complying with the graphic design of the Services and to make such content compatible with the technical performance or media formats concerned. These rights are granted worldwide and for the duration of the enforcement of the Terms and Conditions of Use between the Member and NETME.

The Member remains the owner of the content and the personal data they provide. The Member guarantees NETME against any legal action, redress or conviction handed down against it originating from a violation of a third party’s intellectual property by the Member. The Member guarantees NETME against any claims or damage that could result therefrom.

Article 10 - Termination

Termination by the Member

Uninstalling an Account: The Member may deactivate their Account at any time without notice through the Application if they no longer wish to be visible.

Deleting an Account: The Member may decide to delete their Account definitively by sending an email or letter to NETME, whose postal address and email address appear in Article 2 of this document, at any time and without notice. As a result, the Member’s profile shall be deleted permanently. If the Member then wishes to resume use of the Application, they shall be required to register under the same conditions as a user signing up for the first time.

When an Account is deleted:

  • The Member’s profile shall be made invisible to other Members;
  • The data identifying the Member shall be retained for a period of one year from this date;
  • The Member shall not be able to reactivate their old Account.

Termination of an Account by NETME in the case of a violation of the Terms and Conditions of Use

In the event that a Member violates the Terms and Conditions of Use, their Account may be suspended temporarily at any time and then fully terminated by NETME.

NETME shall be free, at any time and in the event of non-compliance with these Terms and Conditions of Use by a Member, to suspend access to said Member’s Account on the Site and Application. NETME shall inform the Member whose Account has been suspended of this decision by means of a notification in the Application and/or by email. The Member is invited to contact NETME’s customer service department by email to provide an explanation for the accusations levelled against them. If the Member does not respond and/or if the explanations provided do not justify the violation, NETME shall notify the Member that their Account has been terminated through the Application and/or by email, and inform the Member of the period during which they shall be unable to re-register for the Application.

When an Account is terminated:

  • The Member’s profile shall be made invisible to other Members;
  • The data identifying the Member shall be retained for a period of one year from this date;
  • The Member shall not be able to reopen an Account;

Article 11 - Making contact

With Members

Sending mobile and email notifications: Members may receive notifications through the Application and/or by email in the case of the following events:

  • A mutual ‘like’ received from another Member;
  • A Message or Invitation received from another Member;
  • An instant match;

The email address to which notifications are sent is that provided by the Member when they registered. The settings for notifications can be changed in the Member’s Account, and notifications can be deactivated at any time.

Newsletter:When the Member registers for the Application, they consent to receiving a newsletter from NETME. They have the right to change their mind at any time by clicking on the unsubscribe link at the bottom of each email received from NETME.

With NETME

Members may contact NETME directly by post to the following address: Stefan-George-Ring 55 81829 Munich, Germany or by email to hello@netme.eu.

Privacy Policy – NETME

This privacy statement is valid for the mobile app NETME, the site www.netme,eu, and additional services offered by NETME UG which refer to this privacy statement.

Your privacy is important to NETME. We only use full personal data for providing the NETME platform optimisation. We will never share sensitive data like your name or profile picture with third parties.

Introduction

NETME UG, Stefan-George-Ring 55, 81929 München, Germany ("NETME UG" or "we/us/our") owns the domain “www.netme.eu" and all of its sub-pages ("NETME domain") where it provides mobile app NETME ("NETME app") available for download for various operating systems which is its principal means of running a platform for chatting with, getting to know and meeting other people (“NETME"). NETME UG is the data controller.

The service offering is based on the freemium model allowing a NETME user ("user" or "you") to run the NETME app to create a profile ("user profile"), upload images, exchange messages etc. with other interested users and their user profiles for free. Users have access to various functions such as Chat, Nearby Localities or Send Invitations and many other NETME functions. Added to that, NETME offers a chargeable premium service for users who wish to gain access to further unique functions.

NETME’s offering also lets you meet real people in your area and therefore classifies as a so-called network service. Everybody aged 16 or older may register. Collecting, processing and using your data is based on the provisions of the Federal Telemedia Act (TMG) and the data privacy laws, the latter particularly including the Federal Data Protection Act (BDSG) and as of 15 July 2018 - the General Data Protection Regulation (GDPR.

This privacy statement explains how we will handle your personal data. Personal data is discrete information about private or objective conditions of a specific or identifiable natural person. Personal data includes, but is not limited to a person's name, birthday or the e-mail address and usage data such as the IP address. Another purpose of the privacy statement is to inform users about the data collected, saved and processed and how NETME UG ensures the protection and safety of personal data.

NETME UG does not insist on the use of real names. Users may specify a nickname instead of their

This privacy statement breaks down into the following sections:

Privacy Statement

  1. How is my data collected, processed and used when I download the NETME app?
    • 1.1. NETME app download
    • 1.2. Installation and access rights
  2. How does NETME collect, process and use my data if I just visit the NETME domain or the NETME app but do not create a user profile?
  3. How does NETME collect, process and use my data when I use the functions of the NETME app or the NETME domain after creating a user profile?
    • 3.1 Mandatory entries for creating a user profile
    • 3.2 Location data
    • 3.3 Payment data
  4. How does NETME use my data for advertising?
    • 4.1 How is my data used for NETME’s own advertising?
    • 4.2 How does NETME use my data for personalised advertising?
      • 4.2.1. Which data is used for advertising and who is it given to?
      • 4.2.2. What is an advertiser ID and how is it used?
      • 4.2.3. Using location data
      • 4.2.4. Legal basis for the use of personal data for advertising purposes
  5. How are social media and Like buttons integrated?
    • 5.1 Facebook-Connect
  6. How is data disclosed or forwarded?
    • 6.1 General notes on the forwarding of personal data
    • 6.2 Categories of data recipients
  7. How is data processed and used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the NETME platform?
  8. How is data deleted and back-ups created?
  9. How does NETME ensure data integrity?
  10. User rights: consent and withdrawal of consent, information, correction, deletion, transfer
    • 10.1 Consent and withdrawal of consent
    • 10.2 Information, correction, deletion, transfer
  11. Changes to this privacy statement
  12. Privacy contact person and data protection officer


1. How is my data collected, processed and used when I download the NETME app?

1.1. NETME app download

When you download the NETME app, the relevant data will be transferred to the app store operator concerned. Depending on the app store, the set of data may include the app store user's e-mail address or customer number, the time of download and a unique device ID, for example. However, NETME UG has no influence on and is not the controller for processing this data. The privacy statements of the relevant app store operator apply


1.2. Installation and access rights

NETME needs various access pathways and data to ensure the technical operability of the NETME app and to provide the services you can run using the NETME app.

Depending on which operating system you use, the installer may already ask your permission to access specific functions and pieces of information. Such access rights cover the location, messages, mobile data and others.

The user preferences of some terminal devices allow user to manually withdraw some of these rights. If you do, please bear in mind that not granting these rights may render the NETME app partly or completely useless. Access rights will be checked before or after the installation, depending on your app version.


2. How does NETME collect, process and use my data if I just visit the NETME domain or the NETME app but do not create a user profile?

Unless the user explicitly consents, NETME UG uses the personal data disclosed by the user or generated when using NETME without creating a user profile solely for performance of the contractual relationship and as is necessary for the purposes of the legitimate interests pursued by NETME UG use as described in this privacy statement.

Except for the data listed below, NETME does not collect any personal data if you simply visit the NETME domain (starting on a so-called landing or home page) or install the NETME app without creating a user profile.

The set of data contains:

  • IP address
  • name of requested website, file, date and time of request
  • data volume transferred
  • browser type and version
  • referrer URL (source URL) from which the user opened the page - requesting provider plus, the data below transferred by the user's terminal device if the user just installs the NETME app but neither registers nor creates a user profile:
  • push handle (for sending push messages)
  • location data (GPS location), if the user has granted such a permission on the device.
  • country code
  • language
  • device data, like manufacturer, device type, advertising-id, operating system and version of operating system.

This data is required to use the NETME domain or to install the NETME app as such or they are used for analysis for statistical purposes in order to optimise NETME. This data is used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the NETME platform. For this purpose, we may store the full data for up to 90 days.

Collecting, processing and using the location data is necessary for the user to run the so-called "location-based service" which provides registered users with suggestions tailored to the user's location. Sections 3.2.


3. How does NETME collect, process and use my data when I use the functions of the NETME app or the NETME domain after creating a user profile?

Unless the user explicitly consents, NETME UG uses the personal data disclosed by the user or generated when using NETME after creating a user profile solely for performance of the contractual relationship and as is necessary for the purposes of the legitimate interests pursued by NETME UG use as described in this privacy statement. Proper use of NETME to the full extent requires the user to create a user profile. This involves entering further personal data which NETME UG uses to provide the service agreed.

3.1 Mandatory entries for creating a user profile

You must enter the following details to register and create a user profile:

  • user name
  • email address
  • password
  • date of birth
  • sex
  • profile picture
  • description

We collect, process and use the data you enter so that you can use NETME. Among other things it helps us address and authenticate you, personalise your profile and (in pseudonymous form) to show you ads (see section 4).

We delete this data when you delete your account. The legal basis for this processing of personal data is Article 6 (1) b) or Article 6 (1) f) of the EU General Data Protection Regulation (GDPR).

3.2 Location data

NETME's offering includes so-called location-based services which display specific localities to the user's location. A user can therefore be shown other users in the vicinity. To be able to provide these functions within the NETME app, NETME collects location data by means of GPS of the terminal device concerned as well as location data of nearby radio access nodes. Provided that the site survey is enabled, and permission is granted, the location will be periodically transferred to NETME UG and will be respectively processed and used.

Before collection of location data, users must allow the collection of location data. The location data is then processed in accordance with this privacy statement. If activated and granted, the location data is transferred to NETME UG at regular intervals to be processed and used.

Users can change this functionality at any time by displaying the Preferences of their terminal device's operating system at any time to either allow or disallow the collecting of location data or within the app itself.

Location data will also be used for advertising purposes, if the user has not objected to this in the app settings. (See section 4 for information about advertising).

We store location data unshortend for up to 14 days and shortened up to 90 days. The legal basis for this processing of personal data is Article 6 (1) b) or f) of the EU General Data Protection Regulation (GDPR).

3.3 Payment data

External payment service providers handle the transactions involved when a user does any In-App purchases via NETME, buys credits or subscribes to our chargeable premium service. NETME UG neither collects nor processes any payment data of shopping transactions. Instead, the payment service providers take care of entering and processing the payment data directly. All that NETME and the payment service providers do is to exchange technical data (e.g. the transaction ID) in order to validate the purchases. We save this data until your user account is deleted or beyond this point, until a time when the data is no longer subject to any tax-related, commercial or other statutory storage obligations. The legal basis for this processing of personal data is Article 6 (1) b) of the EU General Data Protection Regulation (GDPR).

4. How does NETME use my data for advertising?

We use data for advertising in two regards:

  1. For our own advertising
  2. To display personalised advertising.

4.1 How is my data used for NETME’s own advertising?

We display ads of our own to our users on our platform and also inform them by e-mail, e.g. about one-off campaigns, discounted package prices or similar offers. In order to be able to display suitable offers, we use information provided by the user (such as profile data) and information that we automatically receive through the use of our platform.

The user can object to the use for advertising purposes at any time by deactivating personalised advertising in the app settings under Privacy and or in his device settings or in the settings on the website.

The data transfer takes place exclusively as described under 6.

The legal basis for this processing is the legitimate interest of NETME according to Art. 6 I lit. f DSGVO.

4.2 How does NETME use my data for personalised advertising?

NETME UG decided to run NETME as a freemium service which lets every user obtain a basic NETME version free of charge. Users of the free version will be shown ads. The ads shown in NETME contain our own advertising matters (such as the premium products of NETME) or content ordered by an advertising firm in so-called campaigns. Campaigns may be personalised to tailor them to specific user groups. Some ads shown in NETME are mediated by external service providers.

4.2.1 Which data is used for advertising and who is it given to?

NETME UG can use NETME to show third-party ads which may be tailored to the users' assumed specific interests (personalised ads) or targeted to certain user groups grouped by age, location or gender. The users can object to the use of its data in the privacy settings of the app or the device settings. We and our advertising partners will only use non-sensitive data, that the you have published on NETME and information about your device and your connection. Under no circumstances will we share your name, your e-mail address, your profile picture or your exact location or similar data that allows a direct inference of your real person with our advertising partners.

Whenever such personalised ads are shown, the third-party provider whose ad is shown in NETME or whose services are used to show ads of other third parties the following pseudonymous data may be transferred ("forwarded data”):

  • advertiser ID
  • your published age and gender
  • your coarse location
  • technical data of the terminal device
  • NETME usage data
  • data of ads shown

Forwarded data is disclosed to the following categories of recipients for the purposes explained:

  • ad network operators
  • tracking services operators
  • affiliate networks
  • customer relationship services operators
  • other sales & marketing partners

You can object to this processing for the future at any time by going to the privacy settings of the NETME app or the device settings. You can also reset your Advertising ID in your device settings. In that case a new Advertising ID is created which will not be joined with older data. With this you can ensure, that you will not see any ads based on the forwarded data before you have objected to the transfer.

All our partners are obligated to process forwarded data only on accordance with the high data protection principles of the European Union and only for advertising purposes. This means, that all partners are obligated no not identify the real user / or remove the Pseudonymity of the data.

4.2.2. What is an advertiser ID and how is it used?

For tracking and advertising, the NETME app uses the so-called advertiser ID, i.e. the "Advertiser Identifier" (IDFA) for offerings of Apple Inc. and the "Android Advertiser ID" (advertiser ID) for offerings of Google. Inc. (jointly the "advertiser ID(s)"). These advertiser IDs are unique nonpermanent numbers identifying a specific terminal device. They are provided by iOS for offerings of Apple Inc. or by Android for offerings of Google Inc. As opposed to vendor advertiser IDs (generated by latest-generation operating systems and identical for the apps of just one provider), the advertiser ID is the same as the one transferred to other companies when running their apps. The user can deactivate the generation of the Advertiser-ID. On an apple device this can be done in the iOS preferences, under "Privacy" -- "Ads" by enabling the option "no ad tracking"; for a user owning an Android this can be achieved by opening the "Google Settings" (or first "Settings" and then "Google"), clicking on "Display" and ticking the option "Disable personalised ads. The Advertiser ID is pseudonymous and NETME UG will not be joined with other user data to identify him for advertising purposes.

The Advertiser ID will be used by NETME UG and our advertising partner as described above to show you personalised advertising and to analyse this advertising. You can always object to this pseudonymous use by disabling the Advertiser ID as described above or objecting in the privacy settings of our app.

For further details and Apple Inc.'s privacy policy visit: https://www.apple.com/legal/privacy/

For further details and Google Inc.'s privacy policy visit: https://www.google.de/intl/de/policies/privacy/

4.2.3. Using location data

Apart from collecting the location data by running GPS Location to enable the location-based services, NETME UG collects and uses other location data to show the user ads in NETME tailored to the user's location and profile. NETME UG will never forward the exact location to our advertising partners. To protect your privacy all provided location data is coarse by around 2 km. To our knowledge with this data the identification of an individual is not or only with an unreasonable and illegal measures possible.

For users that are sensitive to privacy question, we offer a separate option in the apps privacy settings to object of the use of location data for the future.

4.2.4. Legal basis for the use of personal data for advertising purposes

NETME UG bases the processing of sharing of the above data on the performance of the contract with you (Article 6 (1) b) GDPR in connection with Nr. 11.2. of our Terms of Service), your consent (Article 6 (1) a) GDPR) and the legitimate interests pursued by us (Article 6 (1) f) GDPR).

We offer our users a service under the Freemium model, which means, that certain parts of NETME are free to use. In Exchange for using the NETME platform without charge, NETME UG displays personalised advertisings and process and shares pseudonymous data as specified above.

Pre-requirement for all data transfer is that the recipient ensures by contractual, legal, technical and organisational measure that the data processing is always in compliance with privacy law.

The users consents to the data use and transfer to the recipients above when using the free version of the app.

We have decided to only share data, which (even in the event of an unlawful disclosure or by hacking of our partners) is not sensitive for individual users. We thus only share data in pseudonymous form and only data that the user has made public or is, by its nature, not sensitive like device and network data.

NETME will only pass on data that has been voluntarily made public on the NETME platform by the user and therefore shows a low level of sensitivity to the user and device or connection data which, due to their very nature, have are not sensitive.

5. How are social media and Like buttons integrated?

The NETME domain contains links to NETME UG accounts with the following social networks: Instagram and Facebook. After clicking on the embedded picture, you will be taken to the associated Instagram and Facebook page. That is to say that user data will not be transferred to the provider until you click on a link. The legal basis for this processing of personal data is Article 6 (1) a) of the EU General Data Protection Regulation (GDPR).

Provided that you and your user profile are logged in to the social destination network at the time, your click on the button will be associated with your visit to NETME.

If you do not wish the social media to collect data via the NETME domain, we recommend that you log off your social network before you visit the NETME domain. But even so, one with an ID will be uploaded when you click on the button and run NETME. This function may therefore collect data and create a profile which may then be traced back to a specific natural person. If you do not wish this to happen, just visit the NETME domain and click on the correct option to disable the function. Or you can set your browser to never accepting any cookies; please note that this may restrict the functionality of NETME.

For details on how these sites handle personal data, please read the privacy policies of the relevant providers.

Facebook

Visit https://de-de.facebook.com/about/privacy/ to read Facebook's privacy policy (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA).

Instagram

Visit https://www.instagram.com or https://help.instagram.com/155833707900388 to read Instagram's privacy policy (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA).

5.1 Facebook-Connect

NETME UG allows you to run Facebook-Connect to log in to NETME. To log in, you will be forwarded to the Facebook page (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) where you use your user data to log in if not logged in yet. A single click then links your Facebook profile to your NETME user profile. This link then automatically provides NETME UG with your Facebook data, i.e. your e-mail address and other details stored with your public Facebook profile. Your public Facebook profile shows all data you have made publicly known via Facebook. A public Facebook profile normally consists of the following details: your name, profile picture, sex, language, country, age bracket, Facebook ID, friends, likes and your relationship status.

Of these details provided by Facebook, NETME UG just uses your e-mail address, Facebook ID, profile picture and your date of birth. These details go into your user profile. For further information about Facebook-Connect and its privacy settings please visit https://www.facebook.com/policy.php and read Facebook's privacy rules and terms of use.

The legal basis for this processing of personal data is Article 6 (1) a) of the EU General Data Protection Regulation (GDPR).

6. How is data disclosed or forwarded?

NETME UG does not forward the personal data of its users to third parties, unless the user explicitly agrees, or such forwarding is required or permitted by law.

6.1 General notes on the forwarding of personal data

User and other data

NETME UG may transfer customer data to the following third parties if such data concern the execution of the contract:

  • External service providers and their agents. NETME UG may order external companies or persons to process customer data.
  • Affiliated companies as processor. NETME UG may instruct affiliated companies to process customer data.
  • Affiliated companies as controller. NETME UG may transfer customer data to other members of the company group for internal administrative purposes. Legal basis for such a transfer is Art. 6 (1) lit. f GDPR with recital nr. 48 GDPR.

Other disclosures

NETME UG may transfer customer data to the following third parties if such data concern the execution of the contract:

  • Subject to changes to its organisation. In conjunction with mergers, acquisitions, bankruptcy or liquidation proceedings, restructuring measures, divestment of some of all of NETME UG's assets, funding procedures, acquisition of some or all of our business, similar transactions or proceedings or steps having regard to such activities (e.g. due diligence investigations).
  • Subject to statutory regulations. In order to comply with statutory regulations or authority constraints and in response to legitimate inquiries, court orders and legal procedures.
  • Subject to enforcing NETME UG's rights, to preventing fraud and to ensuring safety. To protect and defend the rights, property and/or safety of NETME UG or third parties, including the enforcement of contracts and directives and in support of investigating and preventing cases of fraud.
  • NETME UG may use aggregate data or data not containing any personally identifiable facts for any purpose. For business or analysis purposes NETME UG may thus forward such aggregate data or data not containing any personally identifiable facts to partners or others by publishing the number of messages sent via NETME on a specific day, for example.
  • We may share customer data in pseudonymous form with our advertising partners, see section 4.

6.2 Categories of data recipients

NETME UG gives third parties access to your personal data only if this is necessary for our own business purpose (especially performance of contract), with your consent, if is covered by our own legitimate interest, or when we are obliged to on legal grounds, by court order, or at the request of another official authority.

We work together with external service providers for our data processing. This is usually carried out on an order processing basis, whereby we remain responsible for data processing. We review each of these service providers beforehand with regard to the measures they have undertaken to ensure data protection and data security, thereby safeguarding the contractual provisions as stipulated by law for the protection of the personal data.

Depending on which services are provided, NETME UG may also ask affiliated companies to act as data processing services provider for providing some or all of the services offered its customers.

7. How is data processed and used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the NETME platform?

Personal data is used as described below used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the NETME platform.

  • IP and email addresses are saved to detect spam & scam for as long as the user is active.
  • Messages are automatically checked for specific keywords but not saved for this purpose.
  • Personal data such as an active user's sex, age and location is saved and pooled with other nonpersonal data in order to detect any abnormalities.
  • Whereas previous phone numbers are saved to check suspicious profiles sent by SMS, such phone numbers cannot be associated with the verified user.

8. How is data deleted and back-ups created?

Deleting a user profile (attention: not by deleting the NETME app!) or notifying us accordingly deletes all of that user's data. Apart from that, users can remove profile details themselves or ask us to do so at any time.

Exempt of such a deletion is data, that we have to retain by statutory storage obligations, for winding up the contract and for performance of contract with other users. For example, we will not promptly delete the following data:

  • Payment data and data regarding reward claims, which we have to retain for tax-related, commercial or other statutory storage obligations.
  • Data, which you have shared with other users in chats, like messages or pictures (see below)

When do we delete data, that you have shared with other users?

We delete data which is accessible in your public profile, like profile pictures, stream pictures and profile data, promptly as specified above.

We can't delete data that you have shared non-publicly with other users without infringing the rights of this other user. Thus, we can delete chat data only after both users have delete their profile.

How long will it take to delete the data?

Such details will be immediately removed from the productive databases and, thus from the NETME interface; however, it may take up to 14 days until the data is removed from all of NETME’s server layers, cache memories and back-up databases.

If deletion is not possible, we will anonymise the data or restrict the processing.

In case certain facts lead to the suspicion that a user profile uses NETME illegally or contrary to the contract with us, we reserve the right to check and perhaps save profile files before deleting them. This is to protect the users of NETME UG's offerings.

Irrespective of data deleted because of user-deleted profiles, NETME automatically and periodically deletes historical data no longer needed to perform the contract (e.g. historical location details and IP data).

9. How does NETME ensure data integrity?

The trust of its users and protecting their data is of great importance to NETME UG. To prevent unauthorised access to or disclosure of user data and to ensure the integrity and appropriate use of the data, NETME has appropriate physical, technical and administrative procedures in place to protect the information collected by NETME UG.

To provide highest-level protection of the user data, the offerings of the NETME domain or NETME app rely on a secure SSL connection that allows the transfer of nothing but encrypted data.

10. User rights: consent and withdrawal of consent, information, correction, deletion, transfer

10.1 Consent and withdrawal of consent

When registering with NETME, users agree to collecting, saving and processing their personal data subject to this Privacy Statement and our General Terms and Conditions. Users will have to explicitly consent to this procedure when they create their user profile. NETME UG logs both the granting of the consent and the entire process of user profile creation.

Users can withdraw their consent at any time and with future effect. Methods of doing so is by deleting their user profile (not the NETME app), going to the specified user profile places in the NETME app or NETME domain or by sending us an email, fax or letter to:

LETTER: NETME UG, Stefan-George-Ring 55, 81929, Munich, Germany

EMAIL: datenschutz@netme.eu

10.2 Information, correction, deletion, transfer

Subject to the applicable laws, users have a right to being informed about their personal data stored and a right to correcting, deleting and/or transferring such data, if so.

To exercise these rights, users may send an email to datenschutz@netme.eu.

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

11. Changes to this privacy statement

NETME UG will update this privacy statement as necessary. Using the user data is subject to the most recent version available for download at https://www.netme.eu/privacy. An email will be sent to the email address stored with the user profile to inform users about major changes to this statement (e.g. changes to the user rights, new functions, new contact persons etc.). By continued access to and use of NETME after such changes have taken effect, users declare their consent to being legally bound to the revised privacy statement.

12. Privacy contact person and data protection officer

If you have questions concerning the collection, processing or use of your personal data, if you wish to be informed, to correct, bar or delete any data or to withdraw a previous consent, please do one of the following: delete your user profile (not the NETME app) or go to the specified user profile places in the NETME app or NETME domain and modify your user profile there or send us an email or letter to:

NETME UG, Stefan-George-Ring 55, 81929, Munich, Germany

EMAIL: datenschutz@netme.eu

Legal Disclosure

NETME UG
Stefan-George-Ring 55
81929 München
Represented by: Karim Yamani

Umsatzsteuer-ID: DE316539900
Registered in the Commercial Register of the Munich District Court under the register number: HRB 238228

Contact Information

Karim Yamani
info@netme.eu

Dispute Settlement

We are not prepared or obliged to participate in any dispute resolution proceedings prior to a consumer arbitration board.


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