Privacy Policy of getupp GmbH

These terms and conditions supplement the General Terms and Conditions for the Use of getupp.

getupp GmbH, Leinpfad 1, 22301 Hamburg, Germany operates the “getupp” Internet service. This service may be accessed using the website, www.getupp.com, and the associated application for Smartphones (hereinafter “App”). In connection with the use of this service by the user (hereinafter “User”), getupp collects, processes and uses personal information of the User according to German data protection law and the following privacy policy.

1. Data Collection

1.1 After the User successfully logs into getupp with the User’s Facebook account for the first time, getupp stores the User’s first and last name, email address and unique Facebook identification number (“UID”).

1.2 If the User creates a new commitment, getupp stores the data entered by the User:

the category of the commitment,
the entered description,
geographic coordinates and address information for the chosen target location,
the date, time of day, and tolerance in minutes,
values of user-selectable options for the commitment (e.g. whether a commitment is to be announced on Facebook).

1.3 The User’s geographic position is never transmitted to getupp. The verification of the User’s geographic position is carried out within the app on the User’s mobile device. getupp only records whether the app reported to a getupp server that the User successfully completed the commitment, i.e. whether the User was present somewhere inside the target area previously specified for the commitment and triggered the App’s verification function during the specified time window.

1.4 In order to optimize the user experience getupp stores the User’s settings (e.g. the language setting) on the website and in the App. Furthermore, getupp records certain information important for the contractual relationship between the User and getupp, e.g. the date and time of the User’s first login.

1.5 When a record in the getupp database is created or updated the point in time (“timestamp”) at which the record was created or updated is stored along with the other data of the record. Thus, certain actions of the User on the website and in the App lead to a timestamp for the action being recorded in the getupp database. This way getupp stores for example the date and time of the User’s last login, and the date and time at which a commitment was created or completed. getupp uses such timestamps only for technically optimizing the database access and ensuring the data’s integrity.

2. Use of data

2.1 Data collected as described above will be processed and used for the services provided to the User resulting from the concluded contract.

2.2 getupp does not sell, rent, or otherwise provide personally identifiable information to any third parties for marketing purposes.

2.3 Other users of getupp who are connected to the User on Facebook (“friends” of the User) can see the User’s full name, the User’s Facebook profile picture, and information about the User’s active and past commitments. Whether the friends can see a commitment’s time and location is specified by the User when the User creates the Commitment.

2.4 getupp publishes messages about the User’s commitments on the User’s Facebook wall. If the User fails to complete a commitment, a message about the failure to complete the commitment is automatically published on the User’s wall. If the User does not deactivate the respective options when the User creates the commitment, a message with the announcement of the commitment is published on the User’s wall, and, in case the User successfully completes the commitment, a message about the User’s success is posted on the wall. Whether the messages on the User’s Facebook wall contain the time and location of the commitment can be specified by the User when the User creates the commitment. Before the User activates a commitment, a preview of all messages that getupp may post on the User’s Facebook wall is shown to the User. The User can prevent messages being automatically published on the User’s wall by deleting the User’s getupp account or by permanently disconnecting getupp from the User’s Facebook account (“remove app”). More information about how the User can remove an app from a Facebook account is available at www.facebook.com. The information contained in the messages posted on the User’s wall is used by Facebook according to the privacy policy at http://www.facebook.com/policy.php.

2.5 New commitments of the User are temporarily displayed on the welcome page www.getupp.com and are thus visible to all visitors of the welcome page. Commitments are only displayed on the welcome page if they are also announced on Facebook. Only the profile picture of the User, the first name of the User and the description of the commitment are displayed on the welcome page. If the User does not want new commitments to be displayed on the welcome page, the User can deactivate the respective option on the “settings” page on www.getupp.com.

3. Data Access by the User

After a login with the User’s Facebook account, the User can view the User’s active and past commitments, add new commitments, or completely delete the User’s getupp account. It is not possible to alter or delete individual active or past commitments.

4. Protocol data and Cookies

4.1 While using the getupp website or App, data is exchanged between the User’s computer or other device and a getupp server using the HTTP network protocol. Due to the communication standards on the internet every request to a server involves the transmission of the following data to the server:

IP address of the User (or of the proxy server that is used by the User to access the internet),
URL of the requested HTML page or other file,
URL of the previously visited page or other file (“Referrer URL”)
Information about the User’s browser and operating system,
the browser’s language,
date and time of the server request.

4.2 getupp stores the data listed in 4.1 for up to seven days in “server-logs” for the sole purpose of investigating or defending against attacks on or abuse of the getupp service. getupp does not link the information stored in server logs to individual persons, but reserves the right to use such data in situations where there is evidence that users violate German law or the Terms of Service of getupp.

4.3 getupp uses “cookies” (small text files that are stored on the User’s computer or other device) on its website to simplify the website’s use and to statistically evaluate anonymized data about the usage of the website (see 5.2 below). Cookies may store settings of the User or other information. The User can delete existing cookies and block future cookies in the settings of the User’s browser. However, this may restrict the functionality of the website.

5. Integration of Google and Facebook

5.1 On the website and in the app, getupp integrates web services operated by Google for displaying maps, for searching geographical locations and for converting geographic coordinates into addresses (“reverse geocoding”). Thus, when a map is displayed, when a User searches for target locations or when the User locks a target location for a commitment, the User’s computer or other device may exchange data with a Google server. The data thus sent to Google may contain the User’s language preference, the geographic coordinates of displayed maps and the text of search queries. In order to minimize bandwidth usage, the website directly references certain frequently used JavaScript files on the internet (e.g. the ”jQuery” source code) which are hosted on Google servers. If these files are not already stored in the User’s browser cache, they are loaded from a Google server when the User visits the getupp website. Due to the communication standards on the internet, every request to a server of Google involves the transmission of the data listed in 4.1 to Google, plus possibly one or more cookies by Google. Google processes the transmitted data according to Google’s privacy policy, available at http://www.google.com/intl/en/privacy/privacy-policy.html.

5.2 The getupp website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are small text files placed on the User’s computer, to help the website analyze how users use the site. The information generated by the cookie about the User’s use of the website (including the User’s IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the User’s use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the User’s IP address with any other data held by Google. getupp uses the “_anonymizeIp()” extension of Google Analytics to anonymize the IP address by removing the last 8 bits of the IP address prior to its storage by Google. The User may refuse the use of cookies by selecting the appropriate settings on the User’s browser, however if the User does this, the User may not be able to use the full functionality of the getupp website. Alternatively, the User can prevent the collection of information with Google Analytics by installing the Google Analytics Opt-out Browser Add-on (http://tools.google.com/dlpage/gaoptout?hl=en). By using the getupp website, the User consents to the processing of data about the User by Google in the manner and for the purposes set out above.

5.3 On the website and in the app, getupp directly integrates web services operated by Facebook for displaying the Facebook login button, for the authentication with a Facebook account, for displaying the “I like” button and for displaying Facebook profile pictures. This leads to data communication between the User’s computer or other device and Facebook servers. Due to the communication standards on the internet, every request to a server of Facebook involves the transmission of the data listed in 4.1 to Facebook, plus possibly one or more cookies by Facebook. Facebook processes the transmitted data according to Facebook’s privacy policy, available at http://www.facebook.com/policy.php.

6. Revocation, Information and Contact

The User may revoke the User’s consent in the collection, processing and use of its data at any time for the future by cancelling the User’s getupp membership. In the event of any questions related to the collection, processing or use of the User’s personal data or for any other questions related to the User’s data the User may contact privacy@getupp.com.