PRIVACY POLICY

1. Scope

Not Just A Jewel GmbH ("NJAJ", "we" or "us") is committed to protecting your privacy and personal data. With this privacy policy we would like to inform you comprehensively about how we handle your personal data.

This privacy policy applies to the handling of your personal data when you visit our website at www.notjustajewel.eu, subscribe to our newsletter, contact us by e-mail, post or telephone, use our products and services in our store or use other of our services.

2. Who is responsible and whom can I contact?

Not Just A Jewel GmbH, Gotenstr. 11, 10829 Berlin, Germany, is responsible for the processing of personal data as described in this Privacy Policy.

You can contact the following office regarding all data protection inquiries:

Not Just A Jewel GmbH

Data Protection
Gotenstr. 11

10829 Berlin
Germany

Phone.: +49 176 5632 1986

E-Mail: info@notjustajewel.eu

We are not obliged to appoint a data protection officer and have therefore not appointed a data protection officer.

3. What data do we process from you?

We collect and process various personal data from you depending on the specific processing situations. Below you will find a list of the data, related to the respective processing situation:

3.1 What data do we process when you visit our Internet pages?

In principle, you can visit our website without disclosing your identity. As far as you use the offers provided by us on the Internet pages without registration, we process from you, among other things:

Data about the use of the Internet pages provided, for example:
- Browser used,
- operating system used,
- referrer url,
- time of the server request,
- contents retrieved, and
- duration of use;
IP-address; and
other technical data comparable to the preceding.

3.2 What data do we process when you contact us?

Depending on your request, you can contact us via our website using the contact form, by email, by phone or in writing.

When contacting us by e-mail, telephone or mail, we store and process only your

e-mail address,
telephone number, or
address, and
the information that you provide to us when contacting us.

When contacting us via our contact form, we store

Name,
e-mail address, and
the subject and the message that you have entered in the contact form.

3.3 What data do we process when you sign up for our newsletter?

When you sign up for our newsletter, we process from you, in addition to the e-mail address, if you provide us with this information as part of your registration for the newsletter, your name and birthday, if applicable. We also process all information that is required to prove that you have registered for the newsletter.

We work with external service providers to send the newsletter. You can find more information about these service providers in section 13.2 of this privacy policy.

3.4 What data do we process when you use our webshop?

If you have chosen one of our products in our webshop, we process the following data for the purchase transaction

Information about the selected product
Your e-mail address,
your first and last name,
your full address,
information about the delivery method, and
information about the selected payment method.

You can pay the invoice amount by credit or debit card or by using the payment service providers giropay and Klarna. If you choose to pay by giropay or Klarna, you can find more information about the processing of personal data by giropay at https://www.giropay.de/rechtliches/datenschutzerklaerung and for Klarna at https://www.klarna.com/de/datenschutz/. If you choose to pay by credit or debit card, we will collect the following information from you

your card number
the expiry date
the security code (CVV), and
the name of the cardholder.

3.5 What data do we process when you use our LÆMON mobile app?

3.5.a: Registration and Membership

Personal data is collected and stored by us when you as a user provide it to us as part of your registration. In order to register with us, we require the following data from you:

First and last name
Username
email address
password
valid phone number

We use the personal data you provide us as part of the registration process to provide you access to our core services.

The legal basis for collecting and processing this data as a part of your membership in the user contract concluded with your registration in accordance with Art. 6 para 1 lit. b GDPR. You can cancel your user account anytime by asking us to delete it. The storage of the technical access data collected during the submission process is carried out for the purpose of the technical provision of the registration options as well as to ensure system security on the basis of Art. 6 para. 1 lit. f GDPR (legal basis) and serves to protect our legitimate interests in providing a functional network.

We store your personal data collected in connection with your registration for the purpose and for the duration of your registration with us.

3.5.b: Location data and tracking

We need your location data, so we are able to connect and track the LÆMON bracelet which connects to the app via BLE – Bluetooth Low Energy and passes on the location data to the app.

Our core functionality of the LÆMON app is to provide a reliable way to reach you when you are in need of help in case of emergencies. Therefore, we use your location data also in the background for effective tracking.

At the beginning of the app, we present to you a prominent disclosure consent to explain and make you understand why we need your location permissions and how the location data will be used.

3.6 What data do we process when you use our LÆMON bracelet?

We use an eSIM in the LÆMON bracelet to connect to the backend to send an SMS via Twilio API service. We collect GPS data using Nordic Cloud Services. We also access your location in the background to be able to find you and share your location with your guardians in case of an emergency via the app.

3.6.a: How will we use the location data?

Once the alarm is triggered on the bracelet, the tracking data is collected and passed on to an SMS service by Twilio to share the location details to your nominated guardians on the app.

We DO NOT store your location data and they are used completely to notify your private guardians. We use the data only during and until the time of processing is needed.

For police investigations, precise data on the course of an alarm is sometimes important. That is why we temporarily store the location data associated with an alarm. However, we only pass on this data if we have received your consent to do so. After 4 weeks they are automatically deleted from our database.

4. From whom do we collect your personal data?

Personal data is only collected directly from you, for example when you visit our website or use the services offered, such as the option to register and use our newsletter or to contact us by e-mail.

5. For what purposes do we process your data and on what legal basis?

We process your personal data exclusively in accordance with the requirements of the General Data Protection Regulation ("DSGVO") and the Federal Data Protection Act ("BDSG"). In addition, we process your personal data in certain situations to fulfill other legal obligations or based on your explicit consent.

5.1 For the fulfillment of contractual obligations (Art. 6 (1) S. 1 lit. b DSGVO)

We process your personal data to fulfill contractual or quasi-contractual obligations or to establish a contract, for example if you have decided to purchase one of our products.

5.2 For the fulfillment of legal obligations (Art. 6 (1) S. 1 lit. c DSGVO).

Insofar as we are subject to legal obligations for compliance with which the processing of your personal data is necessary, we process your personal data on the basis of these legal obligations.

5.3 On the basis of legitimate interests (Art. 6 (1) p. 1 lit. f DSGVO)

We also process your personal data to protect our legitimate interests, unless these are overridden by your interests or fundamental rights and freedoms that require the protection of your personal data.

Subject to a balancing decision to be made in individual cases, we regularly assume that our legitimate interests are overridden in the context of the following processing situations, which are not exhaustively listed:

Demand-oriented presentation or display of our website and articles;
to develop, adapt and improve our services;
to respond to your feedback, inquiries and requests and to provide assistance;
to improve our data security and fraud prevention capabilities;
to investigate violations and enforce our terms and policies, and to comply with applicable law, regulation, or governmental request;
Ensure the confidentiality and integrity of our IT systems; and
Cooperate with government authorities.

5.4 Based on your consent (Art. 6 (1) S. 1 lit. a DSGVO).

If you have separately given us consent for the processing of your personal data, we will process your personal data within the scope of and on the basis of this consent. Consent may relate, for example, to the sending of newsletters or to the use of certain tracking technology such as cookies.

Consent is always voluntary. Refusal of consent or revocation of the same will not have any negative consequences for you. Once you have given your consent, you can revoke it at any time. To do so, please contact us as indicated in section 2.

6. To whom do we pass on your data?

We pass on your personal data if necessary for the establishment, implementation or termination of a contract or a legal relationship similar to a contract, in principle at most within the framework of the processing described below.

6.1 Disclosure due to legal obligations or to protect legitimate interests

Insofar as we are obliged to do so by law, by court order or on the basis of an enforceable official order, we will pass on your personal data to bodies entitled to receive information.

6.2 Other disclosures

If you have given us a separate declaration of consent for the use and disclosure of personal data, your personal data may be disclosed to the recipients named therein. In the context of the provision of third-party services on our website, personal data may sometimes be passed on to third parties.

One such third party is in particular the service provider MailChimp for sending newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. You can find more information about MailChimp in section 13.2.

In addition, we share data with third parties in the context of the use of cookies. Detailed information on the use of cookies can be found in section 12, the cookie banner on our website and the information linked therein.

Beyond this, no personal data will be forwarded to third parties unless there is a separate legal basis for the transfer in individual cases and your interests or fundamental rights and freedoms are not overridden.

7. Do we transfer your data to third countries?

As a matter of principle, we do not transfer your personal data to countries outside the European Union or the European Economic Area or to countries for which no adequacy decision exists.

Your data is stored on our servers in the EU. The service providers used in the context of this website, for example MailChimp, transmit and store personal data partly outside the EU. Insofar as personal data is stored outside the EU, a transfer to these service providers will only be made if they offer an adequate level of data protection and appropriate safeguards are implemented for the transfer, such as the standard contractual clauses adopted by the European Commission.

Should you wish to receive more information on the international transfer of personal data, we will be happy to provide you with further information and a description of the measures taken, in particular the standard contractual clauses concluded.

8. How long do we store your personal data?

We process and store your personal data only as long as necessary for our processing purposes.

We will delete the data collected and stored in the context of the use and provision of our Internet pages upon request at any time and independently on a regular basis within a few days, unless we have a special interest in continued storage in individual cases, such as cyber attacks.

Insofar as a longer storage period is required due to legal storage and documentation obligations or to protect our legitimate interests, such as in the case of possible legal disputes, your personal data will also be stored and processed after the expiry of the above-mentioned period. With complete settlement of a contract or contract-like relationship, we will, as far as possible, immediately block your personal data for further processing.

In the context of a contact request, we store your data in principle only for the duration necessary to answer your contact request. If you have subscribed to our newsletter, we will process your data collected in this context for the duration of your subscription to our newsletter and delete it at any time if you unsubscribe from our newsletter.

If you have concluded a contract with us, we may store your data for up to ten years in order to comply with the retention obligations under the German Commercial Code and the German Fiscal Code.

9. Your rights

Below you will find a summary of your rights regarding the processing of your personal data by us:

9.1 Rights to information, deletion, correction, restriction of processing and data portability.

You have a right of access under Article 15 of the GDPR, according to which you can request confirmation as to whether we are processing your personal data. If this is the case, you have the right to request comprehensive information about this personal data from us.

According to Art. 16 of the GDPR, you can demand that incorrect data concerning you be corrected without delay.

According to Art. 17 DSGVO, you have the right to request the deletion of your personal data if it is either (i) no longer necessary for the purposes for which it was collected, (ii) you have revoked your consent to the processing, (iii) you object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for continued processing, (iv) your personal data have been processed unlawfully, (v) erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which NJAJ is subject, or (vi) the personal data have been collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

You have the right under Article 18 DSGVO to request the restriction of processing under the following conditions. Such a right exists if (i) you dispute the accuracy of your personal data, (ii) the processing is unlawful and you refuse to erase the personal data and instead request the restriction of its use, (iii) the data is no longer needed for the purposes of processing but you need it for the assertion, exercise or defense of legal claims, or (iv) you object to the processing pursuant to Art. 21 (1) DSGVO, as long as it has not yet been determined whether we have legitimate grounds for the processing that outweigh yours.

According to Art. 19 DSGVO, you have the right to request information about the recipients of data who have been notified of a correction, deletion of your personal data or a restriction of processing.

According to Art. 20 DSGVO, you have the right to receive the personal data concerning you from us in a structured, common and machine-readable format and to transfer this data to another controller.

Insofar as the processing or transmission of your personal data is based on your consent, you may revoke your consent at any time with effect for the future.

Pursuant to Article 77 DSGVO, you also have the right to lodge a complaint with a competent supervisory authority, in particular the supervisory authority at the location of your place of business or the Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, against the processing of your data or a decision taken by us with regard to one of the rights exercised by you.

9.2 Contact

In order to exercise your rights listed in section 9.1, you can contact us informally by mail, fax or e-mail to the contact options listed in section 2.

9.3 RIGHT OF OBJECTION ACCORDING TO ART. 21 DSGVO

9.3.1 OBJECTION ON THE GROUNDS OF YOUR SPECIAL SITUATION

ACCORDING TO ART. 21 ABS. 1 DSGVO YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA WHERE SUCH PROCESSING IS CARRIED OUT FOR THE PURPOSES OF OUR LEGITIMATE INTERESTS, INCLUDING PROFILING BASED THEREON (E.G. FOR CREDIT ASSESSMENT). NO FURTHER PROCESSING OF YOUR PERSONAL DATA WILL THEN TAKE PLACE UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

9.3.2 OBJECTION TO DIRECT MARKETING

UNDER ART. 21 ABS. 2 DSGVO YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE USE OF YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING. THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT TO THE PROCESSING FOR THE PURPOSE OF DIRECT MARKETING, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA FOR THESE PURPOSES.

9.3.3 CONTACT US AT

YOU CAN EXPRESS YOUR OBJECTION INFORMALLY BY MAIL OR E-MAIL, ADDRESSED TO:

Not Just A Jewel GmbH
Privacy
Gotenstr. 11
10829 Berlin
Deutschland

Phone.: +49 176 5632 1986
E-mail: info@notjustajewel.eu

10. Is there an obligation on your part to provide personal data?

There is neither a contractual nor a legal obligation to provide us with your personal data when using our website. However, if you contact us or we maintain a business relationship, certain information may be required so that we can process your request or you can use our products and services.

11. Does the processing rely on automated decision-making or profiling?

You have the right not to be subject to a decision based solely on automated processing, including profiling, if the decision is not necessary for the conclusion or performance of a contract, is not required by mandatory legal provisions or is not based on your explicit consent.

We do not use any automated decision-making processes, including profiling, unless we have explicitly informed you about them.

12. What kind of cookies and tracking technology do we use?

We use the tracking technology Google Analytics for the provision, maintenance and analysis of our websites and their use. Tracking technology may help us learn how you use our Services (e.g., the pages you view or the links you click and other actions you take with the Services), provide us with information about your browser and online usage patterns (e.g., IP address, log data, browser settings, etc.), and help us understand how you use our Services. For example, IP address, log data, browser type, browser language, referring/exit pages and URLs, pages viewed, whether you opened an email, links clicked, etc.), as well as information about the devices you use to access our Services. Tracking technology allows us to link the devices you use to access our Services in such a way that we can recognize and, if necessary, contact you on the different devices you use.

You can limit the use of tracking technology by changing your browser settings. You can determine what access you want to give us to your devices, as well as whether cookies can be stored on your device and for how long. You can also delete cookies that have already been stored at any time. Please note that the functionality of our website may be impaired after deactivating all cookies. You can disable or delete similar functions (such as Flash cookies) used by so-called browser add-ons by changing the settings of the browser add-on or also via the website of the manufacturer of the browser add-on.

12.1 What are cookies?

A cookie is a small file that is transferred from the host server of the website during the use of a website and stored on the user's device (desktop computer, laptop, tablet, smartphone, other internet-enabled devices) by the browser used. Cookies are used to store information about the user and retrieve it when the website is accessed again.

12.2 What are cookies used for?

Cookies help us understand how our websites are used, manage the website, track a user's steps on our website, collect demographic information about our user base as a whole, let you navigate efficiently between pages, remember your preferences and settings on our websites, and basically improve your browsing experience in the process. We process the information collected through tracking technologies to (i) remember information so that you do not have to re-enter it during your visit or revisit, (ii) recognize you across multiple devices, (iii) monitor the functionality and performance of our websites, (iv) collect aggregate metrics related to total number of visitors, total traffic, usage and demographic patterns on our websites, (v) diagnose and fix technical problems, and (vi) otherwise plan and improve our website.

12.3 What types of cookies are used on our Internet pages?

The cookies used on our websites can generally be divided into one of the following categories: Mandatory Cookies, Analysis Cookies, Functional Cookies and Social Network Cookies. You can find comprehensive information about the cookies we use in our Cookie Banner.

12.3.1 Mandatory cookies

These cookies are essential to the functioning of our websites and allow you to navigate our websites and use their features. Without these cookies, certain services that are necessary for the full use of our website cannot be provided. Mandatory cookies are used on the basis of our legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO.

12.3.2 Analysis cookies

With the help of these cookies, we collect information about how users use our websites, e.g. which pages are called up and read most frequently, or how users get from one link to the next. All information collected by these types of cookies does not relate to an individual user, but is aggregated and processed with information from other users. The cookies provide us with analytical data on how our websites work and how we can improve them. Analysis cookies are used on the basis of your consent pursuant to Art. 6 (1) S. 1 lit. a DSGVO.

12.3.3 Function-related cookies

These cookies allow us to store a specific selection you have made and to customize our websites to provide you with enhanced functionality and content. For example, these cookies may be used to store your language selection or country selection. Functional cookies are used on the basis of your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO.

12.3.4 Cookies of social networks

In order to facilitate the exchange of content on the Internet, some of our web pages may contain small software applications from third-party providers, e.g. Facebook, Twitter, or LinkedIn for the exchange of data. In this case, the cookies are not stored by us, but by the third-party provider on your device. We cannot control these cookies. For more information, you should therefore visit the websites of the third-party providers. Social network cookies are used on the basis of your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO.

12.4 How long are cookies stored on my devices?

The storage period depends largely on whether it is a "persistent" or "session-related" cookie. Session-related cookies are deleted after you leave the websites that set the cookie. Persistent cookies remain on your device, even after you have finished browsing, until they are deleted or until they expire.

12.5 Google Analytics

We use Google Analytics tracking technology to provide our website. This third-party tool places an analytics cookie as defined in 12.3.2.We use Google Analytics to track traffic and usage trends on our websites and to learn more about the age and demographics of our users. On our behalf, Google will evaluate this information to compile reports on website activity and to provide other services related to website and data usage. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

Your IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. We have also added the HTML code "anonymizeIP" in Google Analytics on this website. This hashes (shortens) your IP address so that your data can usually no longer be assigned to your person. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

We also use certain forms of display advertising and other advanced features via Google Analytics, such as remarketing with Google AdWords. These features allow us to use first-party cookies and third-party cookies together to inform and optimize the visitor about our products and services and display ads based on your previous visits.

For information about how Google Analytics collects and processes data, and how you can control the information sent to Google, please visit Google's website "How Google uses data when you use our partners' sites or apps" at the link below. You can learn about currently available Google Analytics opt-outs, including the Google Analytics Browser Ad-On here: Link. You can control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at the following link, or by visiting NAI's websites at the following link.

13. Third-party vendors

13.1 Google Forms

We use Google Forms to create and conduct surveys to improve our services and to identify relevant information as part of our product development. The data collected using a Google Forms form is stored on cloud storage provided for us by Google, "Google Drive".

For more information about data processing in connection with Google Forms and Google Drive, please refer to Google's privacy policy: https://www.google.com/intl/de/policies/privacy/.

Further instructions on managing your own data in connection with Google products can be found on the Google website https://www.dataliberation.org/.

13.2 MailChimp

This website uses the services of MailChimp for sending newsletters. The provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. MailChimp is a service with which, among other things, the sending of newsletters can be organized and analyzed. If you enter data for the purpose of receiving newsletters (e.g. e-mail address), this data will be stored on MailChimp's servers in the USA. The transfer of personal data is secured by appropriate guarantees, such as the conclusion of the standard contractual clauses adopted by the European Commission.

MailChimp allows us to analyze our newsletter campaigns. When you open an email sent with MailChimp, a file contained in the email (so-called web-beacon) connects to MailChimp's servers in the USA. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.

If you do not want any analysis by MailChimp, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. In addition, you can send us an email at any time for this purpose and make your decision known.

The data processing is based on your consent (Art. 6 (1) S. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing from the newsletter (see paragraph above). The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of MailChimp after you unsubscribe from the newsletter. Data that has been stored by us for other purposes (e.g. email addresses for the member area) remains unaffected by this.

For more details, please refer to the privacy policy of MailChimp at: https://mailchimp.com/legal/terms/.

We have concluded a so-called "Data-Processing-Agreement" with MailChimp, in which we oblige MailChimp to protect the data of our customers and not to pass them on to third parties. This agreement can be viewed at the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.

14. Technical protection measures

For security reasons and to protect the transmission of confidential content that you send to us as the site operator, we use SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

15. Status of the privacy policy and updating

Please note, this Privacy Policy may be amended by us at any time to the extent necessary to provide you with adequate information about the processing of your personal data. Therefore, please check this privacy policy at regular intervals, insofar as you regularly visit our website or regularly use our products and services.

Status: November 28, 2022