Evolute Privacy Policy
(Version 1.4 – November 2022)
| Note: This article is provided as a courtesy. It has been automatically translated using software and may not have been proofread. The German language version is considered the official version and you can find the most up-to-date information there. You can access it here. |
This is the privacy policy for users of the services of Evolute CX GmbH. These are divided into the website evolute.app („Website“), the generally publicly accessible Evolute platform („Platform“) and the internal feedback software („Evolute Connect“).
The basis for the processing of your personal data is the legal basis, in particular the EU Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG) as well as – if necessary – your consent.
1. Who is the responsible operator of the website, the platform and Evolute Connect?
The responsible party for data processing in connection with the website, the use of the app as well as Evolute Connect is – unless otherwise indicated herein –
Evolute CX GmbH
Speditionstraße 15a, 40221 Düsseldorf
Tel: +49 172 765 34 31
E-mail: datenschutz@evolute.app
(hereinafter „we“ or „Evolute“).
2. Visit to the Website: evolute.app
As a visitor to our website https://evolute.app/, you can use it to inform yourself about our offers and our app as well as to use the other functions described here. In the following, we would like to inform you as precisely as possible about the processing of your personal data during your visit to our website in accordance with the relevant legal requirements, in particular the DSGVO.
2.1 For what purposes do we process your data?
When you browse our website, pages are requested from your device – based on the Internet protocol HTTP/S – and transmitted to you by our web server. In this context, we also receive information about your operating system and the browser used. If necessary, form data that you enter may also be transmitted.
In principle, you do not have to register or identify yourself for this function. However, the assignment of requests and responses from our server is based on your IP address, which may establish a link between this data and your person.
These connection data and any form data are processed to enable you to surf evolute.app and to realize the purpose pursued in each case (e.g. information about us, contacting us, etc.).
In addition, the respective server calls are logged in a log file. We use this log file data for technical troubleshooting and to prevent and clarify illegal attacks on our systems and, if necessary, to hold responsible persons accountable. In addition, we create evaluations from the log files stored anyway, which we use to optimize our websites. The evaluation as such takes place in anonymous form, i.e. by summarizing call-up data, so that the results no longer have any personal reference.
2.2 Is there an obligation for you to provide your data or is this necessary for the conclusion of a contract and what happens if you decide against it?
Without the processing of the above data, the use of our website is unfortunately not possible.
2.3 On what legal basis do we process your data? What legitimate interests are we pursuing?
The legal basis for the processing of your data depends on the specific purpose of your visit:
If you visit our website to initiate a contract of use with us or to manage an existing contract, the legal basis for the processing of your connection data and any form data is Art. 6 (1) lit. b DSGVO (initiation or execution of a contract).
Otherwise, the processing is usually based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO. Our legitimate interest is to operate a website for advertising purposes and for general information and communication purposes and to present Evolute.
As a rule, the processing of log file data is based on our legitimate interests pursuant to Art. 6 (1) lit. f DSGVO. Our legitimate interest is to protect our facilities and systems from attacks and, if necessary, to take legal action against attackers, as well as to further develop our websites for economic purposes.
2.4 Who is involved in the processing of my data?
In principle, the processing of your data is fully automated on our server, which is hosted by our service provider IONOS SE, Elgendorfer Str. 57, 56410 Montabaur on our behalf (Art. 28 DSGVO). Only in exceptional cases (e.g. for troubleshooting or clarifying attacks) are log files used by us and, if necessary, passed on to public authorities such as law enforcement agencies and courts for the purpose of clarifying or prosecuting illegal attacks on our systems.
Depending on the function, form data is processed like connection data only by our web server (e.g. for the search function) or forwarded to internal or external recipients such as CRM system for purposes of the respective function.
2.5 How long will my data be stored?
The log file and connection data are stored for a maximum of 8 weeks. Form data is stored for as long as necessary to perform the respective action.
2.6 Use of cookies and other technologies
2.6.1 What are cookies?
Cookies are usually small text files that are stored in the browser directory of your computer or in subfolders during your visit to our website, either for the duration of your visit or in case you visit our website or the platform again at a later time. Cookies allow us to retrieve or store information about you, your settings or your device from your browser or the Platform. They are mainly used to ensure the expected functionality of the Website, the Platform as well as the App. As a rule, cookies do not contain any information that could directly identify you. However, they allow us to provide you with a personalized web experience.
We distinguish between
- essential cookies and technologies that are required to display the website or the platform, and
- cookies and technologies that require your consent, which are used, for example, for analysis, performance and marketing purposes.
2.6.2 What cookies and technologies do we use on the website, and for what purpose?
a) We use the following essential cookies and technologies:
Borlabs: Purpose Consent Management
Hubspot: Purpose website operation incl. forms
Hotjar: purpose of better preparation of our website content
b) We use the following cookies and technologies that require consent:
Facebook Pixel; Purpose: target group-specific advertisements.
Google Analytics: to analyze which pages of the website are visited and how.
c) We use the following external media platforms:
Facebook
Google Maps
Instagram
OpenStreetmap
Twitter
Vimeo
YouTube
2.6.3 On what legal basis do we process your data?
The legal basis for the setting of and access to the data stored via essential cookies or technologies and the processing of personal data associated with these cookies/technologies is Art. 6 (1) lit. f DSGVO. In this case, the data processing serves our legitimate interest in enabling our users to visit our website, platform or app and to promote our business.
We only use cookies/technologies that require consent if and to the extent that you have given us your prior consent for this via our cookie banner. The legal basis for cookies/technologies requiring consent is Art. 6 (1) lit. a DSGVO.
You can revoke your consent at any time with effect for the future.
2.6.4 To whom is your data passed on or who is involved in the processing of your data?
The data is processed on a case-by-case basis by service providers (in particular the providers of the cookies and technologies) acting on our behalf (Art. 28 DSGVO).
2.6.5 Will your data be transferred to a third country or an international organization?
Your data may also be processed in third countries by the providers of the cookies/technologies. In these cases, however, we take the measures required under Art. 44 et seq. DSGVO to protect your data.
2.6.6 Is there an obligation for you to provide your personal data and what happens if you decide not to?
Disabling essential cookies and technologies will affect the performance of the Website, Platform or App. Some functions and features of the website, platform or app may not be available in this case.
You can revoke your consent for the use of cookies/technologies requiring consent at any time for the future.
3. Data processing when downloading the app
In the course of downloading the app to your device, appstore-specific data is transferred to the app store you use (e.g. username, email address and customer number of your account, individual device identification number). We have no influence on this data processing and are not responsible for it.
Apple: https://www.apple.com/de/privacy/
Google: https://policies.google.com/privacy?hl=de&gl=de
4. Data processing in connection with the use of the platform / app
4.1
We process your personal data that you provide when you register for the app and enter into the user agreement. These are:
Username which you set for your profile
Email address which you use to log in
IP address of your phone: an app simply needs that
Instagram name
Profile picture
Job title, field of activity, trade, position
State
Photos or videos that you upload: this is necessary for product feedback, and
Furthermore, we process data that may result from communication with you within the App or otherwise in connection with the performance of the contract („Communication Data“).
In addition, we collect so-called usage data (in particular IP address, time of use) in the course of using the app. These are technically necessary for us to ensure the functionality and security of the app and are also used exclusively for this technical purpose.
4.2
We process all of this data for the purpose of initiating and executing the usage contract concluded with you in the course of installing the app and any further communication with you. In this respect, the legal basis of the processing is Article 6 (1) lit. b DSGVO (contract performance) and your consent (Article 6 (1) lit. a DSGVO). In addition, the processing is based on Article 6 (1) (f) DSGVO (legitimate interests) and our legitimate interest in offering an app to promote our business purposes – as well as in exceptional cases – to cooperate with the competent authorities in the event of unauthorized interference with our app or violations of our terms of use. Under certain circumstances, we process personal data in order to fulfill our legal obligations, which may arise in particular from retention periods under commercial and tax law (Art. 6 (1) lit. c DSGVO in conjunction with the respective legal obligation).
4.3
We delete your personal data as soon as they are no longer required for the pursuit of the above-mentioned purposes and legal retention periods have expired. The storage period is determined in detail as follows:
Inventory and communication data: storage during the term of the contract and the subsequent retention periods under commercial or tax law.
Usage data: For the duration of the respective usage process
Please note that it is not possible to use the platform / app without providing the above-mentioned personal data.
4.4
To the extent that Manufacturer / Dashboard User (Manufacturer’s employee who has access to Evolute’s dashboard) provides Evolute with email addresses and other personal data, if any, for the purpose of inviting and contacting Users to Evolute Connect, Manufacturer represents that such personal data of Users (Invitees) may be used by Evolute. Specifically, Manufacturer represents to Evolute that Users may be contacted by email and invited to Evolute Connect.
4.5
If you are a user of Evolute Connect and have been invited by a manufacturer and have therefore been contacted by Evolute, you have the option of immediately objecting. At the latest when you log in to Evolute Connect for the first time and confirm our user agreement and this privacy policy, we will assume that you have consented to the use of the personal data provided to us. This applies as long as and insofar as we do not learn anything different from you.
4.6 Use of third-party providers / subcontractors
As part of the functionality of the App and the Platform, Evolute uses third party service providers, which are listed below. It is possible that these third party providers process your personal data in individual cases in order to fulfill their functions vis-à-vis Evolute. In this case, the third party service providers are regularly responsible for the processing of your personal data. From Evolute’s perspective, the processing of your personal data in connection with the respective third-party processor serves legitimate interests pursuant to Art. 6 (1) lit. f) DSGVO. Our legitimate interest is to enable the generation and use of the data required for the performance of our service. For more information on the legal basis for the processing of your personal data, please refer to the respective privacy policy of the third-party provider as the responsible party (see list). You are not obliged to provide your personal data. However, without processing your personal data, it is not possible to commission Evolute. We assume that no transmission to third countries takes place.
For the provision of the Evolute software (chapter 4), we use the following sub-service providers:
| Name of the third-party provider | Evolute service | Data center | Purpose |
| Google Cloud, Firebase | Platform, Connect | EU | Storage, AccessManagement (PaaS, IaaS) |
| MongoDB | Platform, Connect | EU | Database service (PaaS) |
| Heroku on AWS | Platform, Connect | EU | Computing power (PaaS) |
| AWS | Platform, Connect | EU | Storage (PaaS / IaaS) |
| Sendinblue | Platform, Connect | EU | Email notifications |
| Airtable | Platform | USA | Database for content analysis |
| Sentry.io | Platform, Connect | USA | Software for tracking errors |
5. Declaration of consent for the processing of photos & content
If you upload a photo (including other content) – e.g. in the Evolute App – and thereby submit this photo to both Evolute and the Manufacturer, Evolute intends to (i) submit this photo to the Manufacturer, (ii) process it for internal quality control purposes, and (iii) use it on the Internet or as printed advertising material, if applicable.
✔️
I agree that photos taken by me and, if applicable, also of me, as well as content created by me in this context, may be posted by me on the Internet and included in printed advertising materials. The photo created by me as well as the content created by me, if applicable, may also be published by Evolute at social media providers, although according to the currently known information, photos and data at these social media providers may not be deleted at all, but only not shown publicly. Insofar as my photo reveals indications of my so-called racial and ethnic origin, religion or health (e.g. skin color, headgear, glasses), my consent also refers to these indications.
Information on the Internet is accessible worldwide and can be found using search engines and linked to other information, from which personality profiles about me can be created under certain circumstances. Information posted on the Internet, including photos, can be easily copied and redistributed. There are specialized archiving services whose goal is to permanently document the state of certain websites at certain dates. This may result in information published on the Internet continuing to be found elsewhere even after it has been deleted from the original site.
This consent is voluntary. I can refuse it without giving reasons and without having to fear any disadvantages. I can also revoke this consent at any time in text form (e.g. letter, e-mail). Photos in which I am recognizable and which essentially show only me will then be removed immediately from the Evolute website or I will be made unrecognizable in the photo (e.g. by pixelation).
6. You use our social media presences
6.1 Who is responsible for data processing on the social media platform?
For data processing when visiting our social media presences (e.g. on Facebook, Twitter, Instagram, TikTok, LinkedIn and YouTube), the respective social media platform is primarily responsible under data protection law.
We may be jointly responsible with the operator of the social media platform for the following processing under data protection law:
Evaluation of statistics on the usage behavior of visitors. This data is regularly only available to us in anonymized form.
Interaction with our social media team or reaction to our posts (e.g. through comments, likes, etc.).
6.2 For what purpose do we process your data?
Our presence on social media platforms primarily serves to inform you about us, our news and the services we offer, and to keep in touch.
6.2.1 Visits to our social media presences, user statistics
When visiting our social media presences, personal data of the users is collected by the respective social media provider – for example, through the use of cookies (usage data). Evolute can usually help determine which usage data is collected by the respective social media platform through corresponding filter settings. The respective social media platform then shares certain information on usage behavior (user statistics) with us. However, we do not have full access to the collected data or your profile data.
For example, the following information may be provided to us anonymously by social media platforms:
Followers/fans etc.: Number of people who follow us – including growth and development over a defined time frame.
Reach: Number of people who see a specific post. Number of interactions on a post. This can be used, for example, to determine which content is better received by the community than others.
Ad performance: How much does a click cost Evolute? How many people have seen an ad?
Demographics: Average age of visitors, gender, location, language.
Buying patterns of visitors to our site, as well as the categories of events that most interest our visitors.
However, we cannot draw any conclusions about individual users from this usage data provided by the social media providers. We only use these statistics to constantly improve our online offering on our social media presences and to better address the interests of our users. We cannot link the statistical data with your profile data. You can partially decide via your settings in which form targeted advertising is displayed to you.
Please note that this data processing by the social media networks can also take place for visitors to our fan page who are not logged in or registered in the respective network.
Information about the data collection and further processing by the respective social media platform can be found in the respective privacy statements of the social media provider on their homepage.
6.2.2 Interaction
If you interact with us via the social media presences, e.g. by liking or commenting on posts or posting something on our presence, the corresponding content of the interaction will be processed by us. In addition, we can see the public information of your profile. Your settings on the respective platform determine what this is specifically. For example, you have the option to actively hide your „Likes“ on Facebook in your settings. You can also decide at any time to no longer follow one of our social media presences. Then your profile will no longer appear in the list of fans or followers of this social media presence.
If you communicate directly with us via our social media presences, we process your communication data (e.g. name or user name and content of the communication) to process your request. We may also receive personal data if you use a form with pre-filled fields with data from your profile to transmit the data to us and actively send the data to us by clicking on a button.
6.3 On what legal basis do we process your data?
Insofar as we process your usage data, we believe that this serves legitimate interests pursuant to Art. 6 (1) lit. f DSGVO. Our legitimate interest is to optimize the user experience on our website and to strengthen our presence on social networks in order to promote our business purposes. Among other things, this improves our service, ensures effective information of our users as well as members and modern communication.
If you communicate directly with us via our social media presences, the legal basis for processing your communication data depends on the specific purpose of the exchange. Art. 6 (1) lit. b DSGVO is relevant if the exchange is related to the initiation or fulfillment of a contract with you. Otherwise, Art. 6 para. 1 lit. f DSGVO (our legitimate interest in conducting business correspondence or, for example, answering inquiries about data protection) will usually be relevant.
If you are a member of a social media platform and you have given your consent to the data processing to the respective operator (i.e. declare your consent e.g. by ticking a checkbox or by confirming via a button), the legal basis for the processing is your consent (Art. 6 para. 1 lit. a, Art. 7 DSGVO).
For more information about the legal basis for the processing of your personal data by the social media provider, please refer to the privacy policy of the respective social media network.
6.4 Who is involved in the processing of your personal data in our social media activities?
Your data will only be used or forwarded internally by the respective responsible departments. These are usually our marketing, sales and customer support teams. If you communicate with us via our social media presences, only the persons responsible for your concerns will be involved.
For information on who is involved in the processing of data at the respective social media provider, please refer to the privacy policy of the respective social media network.
6.5 Will your data be transferred to a third country or an international organization?
We do not transfer your personal data in connection with our social media presences to a third country or an international organization.
It is possible that an operator of social media platforms connects to servers in third countries (e.g. USA) as part of its services and transfers your personal data there. More information on this can be found in the privacy policy of the respective social media network.
6.6 Is there an obligation to provide personal data and what happens if you decide not to?
You are not obliged to provide your personal data. However, without processing your personal data, the use of our social media sites is not possible or only possible to a limited extent.
6.7 How long will your data be stored?
As a rule, we do not store any personal data on our servers in connection with our social media sites, except in the above-mentioned cases in which we process your information internally (direct communication, e.g. in the case of complaints, recruiting, etc.).
In these cases, your data is regularly deleted when it is no longer required to process your request and, if applicable, when any additional legal retention periods expire (e.g. up to 10 years in accordance with the German Commercial Code („HGB“) or the German Fiscal Code („AO“)).
We also regularly have access to the data stored by the respective social media platform. For more information on the storage of your personal data by the operator of the social media platform itself, please refer to the privacy policy of the respective social media provider.
7. Newsletter
7.1 What newsletters do we have and what purposes do they serve?
Handicrafts Newsletter
In general, you can subscribe to our „Handicrafts Newsletter“, where we inform you either weekly or monthly about any kind of news relevant for the craft.
Registered Evolute users receive a „User Newsletter“, in which we mainly report on new features in the app, new industry partners or news from Evolute.
Our „Handicrafts Newsletter“ or „User Newsletter“ may also contain information from advertising partners. However, these are then identified as such.
Both newsletters can of course be cancelled at any time.
Industry Newsletter
Interested parties from industrial companies can subscribe to our „B2B Newsletter“. Here we inform about current topics from Evolute’s field of work as well as about new products or features of Evolute.
Industrial customers receive our „B2B Customer Newsletter“, which in addition to the topics mentioned above focuses even more on news from Evolute or detailed information about new features.
By subscribing to the Evolute newsletter, you agree that we may use the information you provide, such as your name, email address, and area of interest (contact information), to present you with personalized advertising and/or special offers and services from Evolute.
We need your contact details to be able to send you the newsletter.
7.2 On what legal basis do we process your data?
The processing of your data for our newsletter is only based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent for the future at any time – just as you can revoke your consent to the sending of e-mails in accordance with Section 7 (2) No. 3 UWG.
7.3 Do you have the possibility to object to the processing of your data?
If you no longer wish to receive personalized advertising, you can revoke your consent at any time for the future. Use of the „unsubscribe link“ in the newsletter or a message in text form to the contact details stated in the newsletter (e.g. e-mail, letter) is sufficient for this.
7.4 Who is involved in the processing of your data?
Service providers within the scope of order processing are with regard to the newsletter
- our service provider Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin, Germany and
- our service provider Hubspot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA.
7.5 Will your data be transferred to a third country or an international organization?
If you have subscribed to our „B2B Newsletter“ or the „B2B Customer Newsletter“, data will also be processed in third countries by our service provider HubSpot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA. We take the measures required under Art. 44 et seq. DSGVO to protect your data.
7.6 How long will your data be stored?
We store your data only as long as you continue to subscribe to the newsletter. As soon as you revoke your consent / unsubscribe from the newsletter, we will delete your personal data.
7.7 Is there an obligation to provide your data or is this necessary for the conclusion of a contract and what happens if you decide against it?
You can also use our website and the other functions offered on the website without a newsletter subscription. However, if you do not subscribe to a newsletter, we will not be able to provide you with up-to-date information about Evolute.
8. Recruiting
8.1 Processing
You are part of the Evolute product tester community and the Evolute client named in the respective project.
If you have registered and agreed to surveys with Evolute in general, Evolute will write to you from time to time either to invite you to a survey conducted by Evolute or to offer you to be included in the survey pool of one of Evolute’s clients and to be invited to surveys via this channel from time to time.
8.2 For what purpose do we process your data?
The purpose is to conduct surveys or offer surveys to Evolute’s clients. Advantages for you include having an influence on the products in your daily work, being able to voice your opinion directly to product management departments in the industry and having the chance to win a prize or incentive (e.g. shopping voucher) in some surveys.
8.3 On what legal basis do we process your data?
The legal basis is your consent, either at Evolute itself (e.g. on the website or a link from the social media profile) or a consent at Meta (Facebook/Instagram) in the context of an advertisement for a client named there.
8.4 Who is involved in the processing of your data?
Evolute processes your data on the one hand in the marketing system Sendinblue and e-mail and file system (Google Docs).
If you have explicitly agreed to the transfer of your data to an industrial company, Evolute will also transfer your data to this industrial company.
8.5 How long will your data be stored?
As long as you do not revoke your consent.
Or if the manufacturer no longer conducts surveys.
8.5 How long will your data be stored?
As long as you do not revoke your consent.
Or if the manufacturer no longer conducts surveys.
8.6 To whom is your data passed on or who is involved in the processing of your data?
Evolute uses sub-service providers to process your data. These are the marketing system Sendinblue and the file and email system GSuite, part of the Google Cloud.
8.7 Will your data be transferred to a third country or an international organization?
When data is processed on Evolute Email and Filesystem (GDoc), it may also be processed in Google data centers in third countries.
Evolute or the client/industry use Evolute Connect software to conduct the survey(s). Evolute Connect uses the services and data centers in the EU as described in chapter 4.6.
9. Contact and your rights
Insofar as we process data relating to your person, you have a right as a data subject to the respective legal extent to:
Information, in particular about stored data (Art. 15 DSGVO)
Correction of incorrect data (Art. 16 DSGVO)
Deletion of data that is no longer required (Art. 17 DSGVO)
Restriction of processing (Art. 18 DSGVO)
Objection to processing (Art. 21 DSGVO) and
Data transfer (Art. 20 DSGVO).
Furthermore, you have the right to address complaints to our data protection officer or the competent supervisory authority (Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen, Kavalleriestr. 2-4, 40213 Düsseldorf, Germany).
In order to exercise your legal rights and in case of questions regarding data processing, you can contact us in the way most convenient for you:
E-mail address: datenschutz@evolute.app (unencrypted e-mail)
Telephone number: +49 172 765 34 31
In writing to: Evolute CX GmbH Speditionstraße 15a, 40221 Düsseldorf, Germany
If you contact us with a data protection concern, we will process your personal data for the purpose of processing the request on the basis, as a rule, of Article 6 (1) lit. b DSGVO (contract performance or initiation). In this case, personal data will be deleted insofar as they are no longer required to process the request and any statutory retention periods have expired.