Privacy

Nyze Eats GmbH ("Nyze", "we") process your personal data as part of the Nyze Services.

In this Privacy Policy, "Nyze Services" means both the nyze.io website ("Website") and the app operated by Nyze ("Nyze App") through which you can purchase goods and delivery services from Nyze Eats GmbH. The term "User" or "You" in this Privacy Policy refers to users of the Nyze Service.

In our privacy policy, we explain, among other things, the types of personal data we process, how we process personal data and how you can exercise your rights as a data subject (e.g. right to object, right to information).

Some of our services may be subject to a separate privacy policy. If a separate privacy policy applies to a particular service, we will make it available to you in connection with that service.

We will update the Privacy Policy from time to time to reflect changes in data processing or other changes. You can find the current version of the Privacy Policy on the Website. We will not make material changes to the Privacy Policy or limit users' rights under this Privacy Policy without notifying you.


1. ACCOUNTABLE
The privacy policy applies to the processing of personal data by Nyze.

When processing users' personal data, Nyze Eats GmbH acts as the controller.

This means that Nyze Eats Ltd. determines the purposes and means of the processing of personal data, implements the decision regarding the purposes and means of the processing of personal data and processes all requests and questions from data subjects.

In accordance with Article 26 of the European Data Protection Regulation ("DS-GVO"), you can request essential content from Nyze at the following contact information.


2. NYZE CONTACT INFORMATION

Company:
Nyze Eats GmbH
Commercial register number: HRB 200870 B
Correspondence address: Lohmühlenstr. 65, 12435 Berlin
E-Mail-Address: info@nyze.io

Nyze has appointed a data protection officer who can be contacted via the contact details above.

3. PERSONAL DATA PROCESSED AND ORIGIN OF THE DATA
The personal data we collect and process can be divided into two general categories of data: User Data and Analytics Data.

User data
User data is personal data that is collected from you. We collect user data from our users as soon as users register for the Nyze Services or a newsletter. Please also note that we also collect data about the purchase contracts concluded and payments made by you via the Nyze Services.

User data required for the use of Nyze services

The following personal data collected and processed by us are necessary for the proper performance of the contract between you and us and to comply with our legal obligations.

When you register for the Nyze Services and create a user account, you must provide us with the following information:    

- Full name        
- Phone number      
- E-mail address      
- Details of your payment instrument(s), such as the number and expiration date of your payment instrument(s) (required for ordering through Nyze services, but these are not stored by Nyze as Nyze uses an external payment service provider to process payments)

User data voluntarily transmitted to us by you

If you share the following information with us, it may improve your user or customer experience:

Additional user account information:
- Photo
- Delivery address
- Location data (if you agree to the processing of your location data)
- Other information that you can provide either when you create the user account or later when you change your user account
- Other Information. We may also process other information that you voluntarily provide to us, such as:
- Information you share with us when evaluating our services
- Marketing opt-ins and opt-outs
- Information you share with us by phone or in an email or chat communication, including recorded phone calls with our customer service.

In addition to the user data we receive from you, we process certain personal data that third-party service providers provide to us about you.

When you connect or log in to your user account through Facebook, Facebook shares personal information with us, such as your profile picture, a selection of your Facebook friends, and your Facebook ID.

Analysis data
Although we do not normally use analytics data to identify you, you may be identifiable from such data, either through the analytics data itself or in combination or association with user data. In these cases, analytics data may also be considered personal data under applicable law and we will treat such data as personal data.

We automatically collect the following analytics data when you visit or use the Nyze Services:

- Device Information. With respect to the device you use when using the Nyze Services, we collect the following information:
- Device and device identification number, device IMEI
- Country
- IP address
- Browser type and version
- Operating system
- Internet service provider
- Advertising identifier of your device
- Visitor identification
- Usage Information. We collect information about your use of the Nyze Services, such as:
- how much time you spend with the Nyze service
- Interaction with the Nyze services
- Information about your orders placed through the Nyze Services
- URL of the websites you visited before and after visiting the Nyze services
- Date and time of your visits to Nyze services
- the areas of Nyze services you have visited
- the products you searched for while using the Nyze services

Cookies
When a user visits the Nyze Services, we use various technologies to collect and store analytics data and other information, including cookies and tracking pixels.

Cookies are small text files that are sent to and stored on your device. They allow us to identify visitors to the Nyze Services, facilitate the use of the Nyze Services, and allow us to create aggregate information about our users. This helps us improve the Nyze Services and provide better service to our users. Cookies are harmless to your device or files. We use cookies to customize the Nyze Services and information we provide to our users' individual interests. Some cookies are necessary for the use of the Nyze Services and smooth use of the Nyze Services, for example, to store the language and country settings you select. Information about how the Nyze Services are used, e.g. which content is visited often, is collected via cookies only with your explicit consent to improve the Nyze Services. Similarly, we will only use cookies to serve our ads on the Nyze Services or on selected third-party platforms with your explicit consent.

You can change your previously set cookie settings by clicking here. Users can specify that their web browser blocks cookies or warns when cookies are set. For example, the following links contain information on how to adjust cookie settings on popular browsers:

- Safari
- Google Chrome
- Internet Explorer
- Mozilla Firefox

Please note that parts of the Nyze Services may not function fully if cookies are blocked.

Tracking pixel is a technology that enables identification of readers of websites and emails, e.g. to determine whether an email has been read.

Web analytics services
The Nyze Services use Google Analytics and other web analytics services to generate analytics data and reports about visitor usage and to help improve the Nyze Services. For an overview of Google Analytics, please visit Google Analytics. It is possible to block Google Analytics with the following browser add-on tool: Google Analytics opt-out add-on.

Advertising and visitor identifiers
The Nyze Services use pseudonymous identifiers to track and predict your app and service usage and settings.

You can block the use of these identifiers by changing the settings of your operating system as follows:

On mobile devices with the iOS operating systems, advertising identifiers can be blocked by activating the "Restrict ad tracking" tab (Settings -> Privacy -> Advertising -> Restrict ad tracking). For an overview and more information on ad identifiers, see Apple's website under Advertising and Privacy. For Android mobile devices, advertising identifiers can be disabled by going to the "Setting for advertising" tab in Google's settings and disabling "Personalized advertising". For an overview and more information on advertising identifiers, see the Google support page.

Visitor detection can be disabled on iOS and Android mobile devices by changing your settings (on iOS: Settings -> Nyze -> Nyze Settings -> Limit Tracking, and on Android: Nyze app -> Profile tab -> Settings icon in the top right corner).

4. PURPOSES AND LEGAL BASES FOR THE PROCESSING OF YOUR PERSONAL DATA

Purposes
Nyze processes your personal data for various purposes. Some of the following purposes may exist at the same time:

Offer of Nyze services and fulfillment of our contractual obligations (legal basis: fulfillment of a contract and legitimate interests according to Art. 6 para. 1 b) and Art. 6 para. 1 f) DS-GVO).

Nyze will process your personal data in order to provide you with the Nyze Services under the contract between you and Nyze, or as otherwise necessary for the performance of the contract between you and Nyze. Nyze will also process personal data when necessary for a legitimate and important interest of Nyze.

We use the data, among other things, to process your inquiries and orders, to communicate with you, to process your payments or refunds, if applicable, and to transmit information required for the preparation or delivery of your order to our partners (restaurants and our courier partners). If you contact our customer service, we will use the information you provide to answer your questions or to resolve any complaints you may have.

We collect, use and share information about your exact or approximate location, including the geographic location of your computer or cell phone in real time, so that we can provide you with the destination of an order, specific information about the status of your order, and show restaurants near you. We do not collect or use personally identifiable location information without your consent. Permission to use your location is required for the Nyze Services. The tracking feature can be disabled via the Nyze app (Profile -> Settings -> More Settings -> Location and Push Settings -> Location) and on your computer via the privacy and security settings in your browser.
Erfüllung unserer rechtlichen Verpflichtungen (Rechtsgrundlage: Erfüllung einer rechtlichen Verpflichtung Art. 6 Abs. 1 c) DS-GVO)

Nyze processes data for the purpose of being able to perceive and fulfill our legal obligations. This also includes the processing of data for the purpose of fulfilling our accounting obligations and passing on information to competent authorities, e.g. tax offices.

Complaint management and legal disputes (legal basis: legitimate interests pursuant to Art. 6 (1) f) DS-GVO)

Nyze processes personal data in connection with complaint handling, debt collection and litigation. We also process data for the purposes of preventing fraud and misuse of our services and data, system and network security.


Customer communication and marketing (legal basis: legitimate interests according to Art. 6 para. 1 f) DS-GVO)

Nyze processes your personal data to contact you regarding the Nyze Services, and to inform you of any changes thereto. Your personal data will also be used for the purpose of marketing the Nyze Services to you. The basis of the processing is legitimate interests, e.g. when we personalize our offers and provide you with services that are more relevant to you and when we analyze information about your interests and feedback to further develop our services.

Quality improvement and trend analysis (legal basis: legitimate interests according to Art. 6 (1) f) DS-GVO)

We also process information about your use of the Nyze Services to improve the quality of the Nyze Services, for example, by analyzing trends in the use of the Nyze Services. To ensure that our services meet your needs, we will use personal data for customer satisfaction surveys, for example. Where possible, this will be done using only aggregated and non-personally identifiable data.

Legal bases of the processing
We process your personal data to fulfill our contractual obligations to you and to comply with legal obligations. We also process your personal data in pursuit of our legitimate interests to operate, maintain and develop our business and to build and maintain customer relationships. If we decide to use your data based on our legitimate interests, we will balance our interests with your right to privacy and, for example, allow you to easily opt-out of our marketing communications. Where possible, we use pseudonymous or personally unidentifiable data.
Im Rahmen mancher Nyze-Services wirst Du möglicherweise aufgefordert, eine Einwilligung in die Verarbeitung personenbezogener Daten abzugeben. Deine personenbezogenen Daten werden in diesem Fall erst nach Abgabe Deiner Einwilligung verarbeitet und Du kannst Deine Einwilligung jederzeit widerrufen.

5. RECIPIENT
We will only share your personal information within Nyze if and to the extent necessary for the purposes set forth in this Privacy Policy.We will not share your personal information with third parties outside of Nyze unless one of the following applies:

For the purposes set forth in this Privacy Policy and to authorized service providers
To the extent it is necessary for third parties (such as restaurants that prepare the food you order, our courier partners that deliver your order, or other third parties) to have access to your personal data in order for us and those third parties to provide the Nyze Services, we will transfer your data to those third parties. We also transfer your personal data for processing purposes (including data storage, accounting, sales and marketing) to our affiliates or authorized service providers and partners who provide services to us or in collaboration with us, or to payment service providers for the purpose of processing payments to us.

To the extent that data is processed by third parties on behalf of Nyze, Nyze has taken appropriate technical and organizational measures to ensure that Your data is processed solely for the purposes set out in the Privacy Policy and in accordance with all applicable laws and regulations and subject to our instructions, appropriate confidentiality obligations and security measures.
Bitte beachte, dass die Verarbeitung Deiner personenbezogenen Daten, die Du einem Dritten direkt, z.B. über einen Link in den Nyze-Services, zur Verfügung stellst, üblicherweise auf der Grundlage von dessen Richtlinien und Standards erfolgt.

For legal reasons and in the context of legal disputes

To the extent permitted by law, we will disclose your personal information to third parties outside of Nyze if we have a good faith belief that access to and use of the personal information is reasonably necessary (i) to comply with applicable laws, regulations and/or court orders, (ii) to detect, prevent, or otherwise take action regarding fraud or criminal violations or to address security or technical issues, and/or (iii) to protect the interests, property, or safety of Nyze, users, or the public. To the extent possible, we will inform you of such processing.

With your explicit consent
We will transfer your personal data to third parties outside Nyze if we have received your express consent to do so. You are entitled to revoke your consent at any time free of charge by contacting us.

7. STORAGE DURATION
Nyze will not store your personal data for longer than is legally permitted and necessary for the purpose of providing the Nyze Services or relevant parts of the Nyze Services. The storage period depends on the type of data and the processing purpose. The maximum storage period may therefore vary depending on the use. Nyze will take reasonable steps to ensure that the Personal Data remains accurate in terms of content and will delete any Personal Data that is inaccurate and unnecessary.

Most personal data relating to a user's account on the Nyze Services will be deleted when 90 days have passed since the user deleted the user's account. After this period, a portion of the personal data relating to the user account of the user of the Nyze Services will be retained only as long as required by law or reasonably necessary to comply with our legal obligations or for our legitimate interests, such as complaint management, accounting, internal reporting and reconciliation purposes. All personal data concerning the user's account on Nyze Services will be deleted within a period of ten years after the user deletes the user's account on Nyze Services. This does not include personal data required in rare situations such as legal proceedings.

We store analytics data from users without a user account with Nyze services for a period of 90 days.
8. YOUR RIGHTS

Right to information
You have a right of access and information regarding your personal data processed by us. We allow you to view certain data via your user account at Nyze-Services or to request a copy of your personal data via the contact addresses mentioned above.

Right to withdraw your consent
If the processing of data is based on consent given by the user, the user may revoke this consent at any time free of charge. If the consent is revoked, this may lead to the restriction of your options within the scope of the Nyze services. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Right to rectification
By contacting us, you can have incorrect or incomplete personal data stored by us corrected or supplemented. You can correct or update some of your personal data yourself via your user account at Nyze-Services.

Right to deletion
You can also request that we delete your personal data from our systems, e.g. if the data is no longer required for the purposes for which it was collected. Unless we have a legitimate reason not to delete the data, we will comply with your deletion request. Please note that if you request deletion of this data, we may no longer be able to provide you with the Nyze Services or certain features thereof.

Right of objection
You have the right to object to the use of your personal data for direct marketing purposes. You may also have the right to object, on grounds relating to your particular situation, to the processing of personal data based on our legitimate interest (Article 6(1)(f) of the GDPR). If you object to the further processing of your personal data, this may lead to a limited usability of the Nyze services.

Right to restriction of processing
You can request us to restrict the processing of personal data, e.g. if your request for deletion or correction or your right to object are still being processed and/or we have no legitimate grounds for processing your data. In the event of a restriction of processing, your data will remain stored but will not be processed further. For example, if you dispute the accuracy of your data, the processing of this data will be restricted until we confirm that the data is correct. However, this may result in limited usability of the Nyze Services.

Right to data portability
If the processing is automated and based on a contract or your consent, you have the right to receive the personal data that you have provided to us in a structured and commonly used format and to transfer this data independently to a third party.

How to exercise your rights
You can exercise the above rights by sending us a letter or email to the above addresses with the following information: Your full name, address, email address and a telephone number. We may request additional information necessary to confirm the identity of the user. We may reject or charge for unfounded, repeated, excessive or obviously unfounded requests.

9. DIRECT MARKETING
We may send you information, news and offers regarding the Nyze Services if you have consented to receive such communications when registering for the Nyze Services and creating your user account.

You may withdraw your consent and prohibit us from using your personal data for direct marketing, market research and profiling purposes at any time by contacting us at the above addresses or by selecting the "unsubscribe" option available in direct marketing messages.

10. SUBMIT A COMPLAINT
If the user believes that our processing of personal data violates applicable data protection laws, he or she may file a complaint with the local supervisory authority for data protection in Germany.

11. INFORMATION SECURITY
We use administrative, organizational, technical and physical safeguards to protect the personal data we collect and process. These precautions include, for example, encryption, pseudonymization, firewalls, secure facilities and access authorization systems, as appropriate. Our security measures are designed to ensure an appropriate level of confidentiality, integrity, availability, resilience and recoverability of the data. We regularly test Nyze services, systems, and other assets for security weaknesses.

If, despite the security precautions, a breach of security occurs that is likely to have an adverse effect on the protection of users' data, we will notify the affected users and other data subjects, as well as the relevant authorities, of the breach as soon as possible, to the extent required by applicable data protection law.