Privacy statement of LooC GmbH for the LooC app

  1. Controller, scope of processing

    LooC GmbH (hereafter: “Provider”) is the Controller pursuant to applicable data protection provisions. Further details about the Provider and its representatives can be found in the imprint section of the app.

    The protection of personal data is of the highest priority for us. We would therefore like to inform you about what data we collect, when we collect it and how we process your personal data. This privacy statement describes the collection and processing of personal data via the LooC app (hereafter: “App”).

  2. Personal data processing in general

    1. Scope of personal data processing

      In principle, we only process personal data if it is necessary to provide a functional App as well as our content and services. The processing of our Users’ personal data of our only takes place after the User has given his or her consent, or on the basis of other legal regulations, which allow us to process the data.

    2. Legal bases of processing

      consent

      Whenever we collect the data subject’s consent to the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

      contract or pre-contractual measures

      If the processing of personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

      legal obligation

      If the processing of personal data is necessary for compliance with a legal obligation to which the Provider is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

      legitimate interests

      If processing is necessary for the purposes of the legitimate interests pursued by the Controller or a third party and if such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis.

    3. Retention time

      In principle and unless otherwise stated, your personal data will only be retained until the purpose of the collection and processing is achieved. With your consent, data can also be stored for longer until you revoke your consent (for example, if you have created a user account, data will be stored until you delete it).

      Furthermore, data may be stored if required by European or national regulations and laws which we are subject to. The data will also be erased if the retention period prescribed by any of the aforementioned regulations expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

    4. Transfer to third countries

      Unless otherwise stated, all data processing operations take place within the EU or the EEA countries.

      Data processing operations carried out by third-party Providers established outside the mentioned geographical area may be carried out in part or in full in third countries in compliance with the relevant data protection regulations.

      Any transfer of personal data outside the EU or the EEA shall exclusively be based on an adequacy decision of the European Commission, including the adequacy decision on the EU-US Privacy Shield. A list of current adequacy decisions is available on the European Commission’s website.

      Information on the EU-US Privacy Shield, and in particular on the participation of a specific company, can be found on the website of the US Department of Commerce.

  3. Processing activities in general

    In general, you may use the LooC App without providing any personal data. When opening the App for the first time, Users are required to specify the following information: gender, age, whether they wear glasses (yes/no), whether they suffer from a pathologic visual impairment (yes/no). Furthermore, Users have to choose a username that will be displayed in connection with all test results. Such usernames do not necessarily have to coincide with the actual personal name of the User.

  4. Data processing when taking an eye test

    Whenever you take an eye test over our App, statistical data about your vision or your visual defect will be collected. Some of the available tests require you to activate your smartphone camera.

    LooC accesses your smartphone’s camera and TrueDepth™ Face Data exclusively in order to calculate the distance between your eyes and your smartphone screen. The resulting image and facial data is processed only insofar as is necessary to determine the distance to your screen, and is neither stored by us nor shared with third parties.

    Data collected in this way shall not leave your terminal device.

    Neither we nor any third party has access to such information. We only receive anonymous information about User behavior on the App (e.g. age, gender, User wears glasses yes/no) for statistical purposes. Neither we nor any third party is able to find out your actual identity on the basis of such data.

  5. Newsletter

    You can subscribe to our newsletter by entering your e-mail address in the provided input field. You may specify your name, which we’ll only use to address you personally.

    You will then receive an automatic confirmation e-mail containing a link to the specified address. The registration process is not complete until you click on this link.

    After giving your consent to receiving our newsletter, we will use your e-mail address to send you information about our activities, offers or events relating to our own services or to those of our partners. No data will not be passed on to third parties. You can withdraw your consent to receiving newsletters at any time by objecting to the receipt of newsletters.

    We will inform you about the right of objection when collecting the email address and in the respective newsletter.

    The basis for this form of data processing is your consent.

  6. Google Analytics for Firebase

    Google Analytics for Firebase is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics for Firebase marks each copy of our App that is downloaded by Users from an app store with a unique identifier that, however, does not allow for the identification of Users themselves. This allows us to connect usage events, such as indication of age, gender or vision test results to “one User” and to assess them for statistical purposes. Neither we nor Google are able to identify the natural person who provides such data or whom such information refers to. We refrain from using cookies or personal identifiers.

    It is technically impossible to connect such information with email addresses collected as of sec. V. Therefore, such connections shall not be established.

    Please find out further information about the processing of personal data by Google in its privacy policy.

  7. Rights of the data subject

    If your personal data are processed, the GDPR applies to you and you have the following rights against the Controller:


    1. Right to access

    You can require the Controller to confirm whether personal data concerning you are processed by us.

    If such processing takes place, you can request to be informed by the Controller about the following:

    (1) the purposes for which the personal data is processed;

    (2) the categories of personal data being processed;

    (3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;

    (4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

    (5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;

    (6) the existence of a right to lodge a complaint with a supervisory authority;

    (7) any available information on the origin of the data if the personal data is not collected from the data subject;

    (8) the existence of automated decision-making including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

    You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission.

    2. Right to rectification

    You have a right to rectification and/or completion against the data Controller if the personal data processed concerning you is inaccurate or incomplete. The Controller shall apply rectifications without undue delay.

    3. Right to restriction of processing

    Under the following conditions, you may request the restriction of processing of personal data concerning you:

    (1) if you contest the accuracy of the personal data concerning you for a period that enables the data Controller to verify the accuracy of the personal data;

    (2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

    (3) if the data Controller no longer needs the personal data for the purposes of the processing, but you do need them for the establishment, exercise or defense of legal claims or

    (4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the Controller override those of the data subject.

    If the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

    If processing has been restricted according to the above conditions, you will be informed by the Controller before the restriction is lifted.

    4. Right to erasure

    a) Obligation to delete

    You have the right to obtain from the Controller the erasure of personal data concerning you without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

    (1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

    (2) You withdraw your consent, on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.

    (3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.

    (4) The personal data concerning you have been unlawfully processed.

    (5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;

    (6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

    b) Information to third parties

    Where the Controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you, the data subject, have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.

    c) exceptions

    The right to erasure does apply to the extent that processing is necessary

    (1) for exercising the right of freedom of expression and information;

    (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject, or for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the Controller;

    (3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;

    (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

    (5) for the establishment, exercise or defense of legal claims.

    5. Right to notification

    If you have exercised your right to have the data Controller rectify, erase or limit the processing, the Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

    6. Right to data portability

    You have the right to receive the personal data concerning you, which you have provided to a Controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where:

    (1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

    (2) the processing is carried out by automated means.

    In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technical feasible. This shall not adversely affect the rights and freedoms of others.

    The right to transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

    7. Right to object

    You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

    If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time without giving reasons to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

    If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

    8. Right to withdraw consent

    You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

    9. Right to lodge a complaint with a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes upon the GDPR.

    The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR

  8. Amendments to this privacy statement

    Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement in the future when introducing, changing or extending services or service elements.

    If the change to the privacy statement only affects the use of data in a general form, and/or the use of data for orders and not also the use of data within the scope of a user account, the new privacy statement shall apply from the date of its update on the App.

    Changes in the privacy statement that refer to the use of the data already collected and stored in your account will only take place if you can reasonably be expected to accept them. If and to the extent that changes to the privacy statement relate to the use of data already collected and stored in your user account, we will notify you in a timely manner by e-mail, on our App or in another way. You have the right to object to the new privacy statement within six weeks of receiving the notification. In the event of an objection, we reserve the right to terminate the contract and delete your user account. If no objection is raised within the aforementioned period, the amended privacy statement shall be deemed accepted by you. We will inform you in the notification of your right to object and the significance of the objection period.