10. changes

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, ins. the EU Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG) as well as - if required - your consent.

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 here -.

Evolute CX GmbH

Speditionstraße 15a, 40221 Düsseldorf

Tel: +49 172 765 34 31

E-mail: datenschutz@evolute.app

(hereinafter "we" or "Evolute")

2. visiting 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 when you visit our website in accordance with the relevant legal requirements, in particular the GDPR.

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 Are you obliged 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 processing your data depends on the specific purpose of your visit:

If you visit our website to initiate a usage contract 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 GDPR (initiation or execution of a contract).

Otherwise, the processing is usually based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. 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 GDPR. 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 GDPR). 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?

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 consent, which are used, for example, for analysis, performance and marketing purposes.

2.6.2 Which 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; Goal: 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 setting and accessing 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 GDPR. In this case, the data processing serves our legitimate interest to enable 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 para. 1 lit. a GDPR.

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) who act on our behalf (Art. 28 GDPR).

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. GDPR to protect your data.

2.6.6 Are you obliged to provide your personal data and what happens if you decide not to do so?

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 consent-requiring cookies/technologies at any time for the future. To change your privacy settings, please click here

2.7 Use of SalesViewer® technology:

On this website, the SalesViewer® technology of SalesViewer® GmbH is used to collect and store data for marketing, market research and optimization purposes based on the legitimate interests of the website operator (Art. 6 para.1 lit.f DSGVO).

For this purpose, a javascript-based code is used to collect company-related data and the corresponding usage. The data collected using this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymized and is not used to personally identify the visitor to this website.

The data stored as part of Salesviewer will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.

You can object to the collection and storage of data at any time with effect for the future by clicking on this link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. In doing so, an opt-out cookie for this website will be placed on your device. If you delete your cookies in this browser, you must click this link again.

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 registering for the app and concluding the user agreement. These are:

Username - which you specify for your profile.

Email address - which you use for login

IP address - of your cell phone: This is what an app simply needs

Instagram name

Profile picture

Job title, field of activity, trade, position

State

Photos or videos - which you upload: This is necessary for product feedback and

Furthermore, we process data that may result from communication with you within the app or in other ways ("communication data") in connection with the performance of the contract.

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) GDPR (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 GDPR 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 without providing the above personal data, it is not possible to use the platform / app.

4.4

Insofar as Manufacturer / Dashboard User (Manufacturer's employee who has access to Evolute's dashboard) provides Evolute with email addresses and, if applicable, other personal data for the purpose of inviting and contacting Users to Evolute Connect, Manufacturer assures Evolute that such personal data of Users (invitees) may be used by Evolute. Specifically, Manufacturer represents to Evolute that Users may be contacted via email and invited to Evolute Connect.

4.5

If you are a user of Evolute Connect and have been invited by a manufacturer and therefore have been contacted by Evolute, you have the possibility to object immediately. At the latest with the first login to Evolute Connect and the confirmation of our user agreement as well as this privacy policy, we assume consent to the use of the personal data disclosed to us. This applies as long as and insofar as we do not hear anything different from you.

4.6 Use of Third-Party Providers / Subcontractors

As part of functionality of the App as well as the Platform, Evolute uses third party 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 provider serves legitimate interests pursuant to Art. 6 (1) lit. f) GDPR. 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:

Third-party provider name Evolute Service Data Center Location Purpose.

Google Cloud, Firebase platform, Connect EU storage, AccessManagement (PaaS, IaaS)

MongoDB platform, Connect EU database service (PaaS)

Heroku on AWS platform, Connect EU compute service (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.

4.7 Joint responsibility

Evolute CX GmbH and a Manufacturer may be joint controllers pursuant to Article 26 of the GDPR with respect to the aggregation and attribution of Test Subject assessments on the Platform. In certain cases, especially in the case of a request from a third party when using Evolute Connect for the purpose of contacting manufacturers (e.g. to assert data subject rights), there may also be joint responsibility within the meaning of Art. 26 GDPR with the respective manufacturer. You may exercise your rights as a data subject (Section 9) with regard to the processing of data under joint responsibility both vis-à-vis Evolute CX GmbH and vis-à-vis the respective manufacturer.o (i) to transmit it to the manufacturer, (ii) to process it for internal quality control purposes, and (iii) if applicable, to use it on the Internet or as printed advertising material.

5. declaration of consent for the processing of photos & content

If you upload a photo (also with further content) - e.g. in the Evolute App - and thereby transmit this photo to Evolute as well as to the manufacturer, Evolute intends to (i) transmit this photo to the manufacturer, (ii) process it for internal quality control and (iii) use it on the Internet or as printed advertising material, if applicable.

I agree that photographs taken by me and, if applicable, also depicting me, as well as content created by me in this context, may be posted by me on the Internet and included in printed promotional 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 relates to these details.

Information on the Internet is accessible worldwide and can be found with search engines and linked with 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?

The respective social media platform is primarily responsible under data protection law for data processing when you visit our social media presences (e.g. on Facebook, Twitter, Instagram, TikTok, LinkedIn and YouTube).

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 presences on social media platforms primarily serve to inform you about us, our news as well as services offered by us and to keep in touch.

6.2.1 Visiting our social media sites, 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 appropriate 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 our visitors are most interested in.

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 sites and to better respond to 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.

You can find information about the data collection and further processing by the respective social media platform in the respective privacy statements of the social media providers 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 a button.

6.3 On what legal basis do we process your data?

If we process your usage data, we believe that this serves legitimate interests pursuant to Art. 6 (1) f GDPR. 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 GDPR is relevant if the exchange is related to the initiation or fulfillment of a contract with you. Otherwise, Art. 6 para. 1 lit. f GDPR (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 of the processing is your For more information on 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 is only used or forwarded internally by the respective responsible departments. As a rule, these are 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 Is your data transferred to a third country or an international organization?

We do not transfer your personal data to a third country or an international organization in connection with our social media presences.

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 presences 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 cases 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?

Craft newsletter

In general, you can subscribe to our "Craft Newsletter", where we inform you either weekly or monthly about any kind of news relevant to the craft.

Registered Evolute users receive a "User-Newsletter", where we mainly report about new features in the app, new industry partners or news from Evolute.

Our "Craft Newsletter" or "User Newsletter" may also contain information from advertising partners. However, these are then identified as such.

Both newsletters can be canceled at any time.

Industry Newsletter

Interested parties from industrial companies can subscribe to our "B2B Newsletter". Here we inform about current topics from the work area of Evolute 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 information 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 GDPR). 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 option 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 in the context of order processing with regard to the newsletter are

our service provider Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin and

our service provider Hubspot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141, USA.

7.5 Is your data transferred to a third country or an international organization?

If you have subscribed to our "B2B Newsletter" or the "B2B Customer Newsletter", your 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. GDPR to protect your data.

7.6 How long will your data be stored?

We only store your data as long as you continue to subscribe to the newsletter. As soon as you revoke your consent / unsubscribe from the newsletter, we 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 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 consented 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 from time to time via this channel.

8.2 For what purpose do we process your data?

The purpose is to conduct surveys or to 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 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 when the manufacturer no longer conducts surveys.

8.6 To whom is your data transferred 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 Is your data transferred to a third country or international organization?

When data is processed on Evolute email and file system (GDoc), it may also be processed in Google data centers in third countries.

https://support.google.com/a/answer/60762?hl=de#zippy=%2Cwo-speichert-google-meine-daten%2Cwie-stimme-ich-dem-zusatz-zur-datenverarbeitung-zu

Evolute or the client/industry use Evolute Connect software to conduct the survey(s). Evolute Connect uses 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 as the data subject have a right to the respective legal extent to:

Information, in particular about stored data (Art. 15 GDPR).

Correction of incorrect data (Art. 16 GDPR)

Deletion of data that is no longer required (Art. 17 GDPR)

Restriction of processing (Art. 18 GDPR)

Objection to processing (Art. 21 GDPR) and

Data transfer (Art. 20 GDPR).

Furthermore, you have the right to address complaints to our data protection officer or the competent supervisory authority (State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, 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 process your personal data for the purpose of processing the request on the basis, as a rule, of Article 6 (1) lit. b GDPR (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.