for the service Poll Pay (both the mobile app and the web application referred to as "app" in the following) of BitBurst GmbH
The protection of your personal data is important to us, BitBurst GmbH, Lerchenweg 3, 40789 Monheim am Rhein, Germany. Therefore, we would like to offer you comprehensive transparency regarding the processing of your data in our services through this data protection declaration. Because only if the processing is comprehensible to you as a data subject are you sufficiently informed about the scope, purposes and benefits of the processing and we have complied with the requirements of the GDPR.
The person responsible within the meaning of the Basic Data Protection Regulation (GDPR), the Federal Data Protection Act under German law (BDSG) and other data protection regulations is
40789 Monheim am Rhein, Germany
Hereinafter referred to as "responsible party" or "we".
2. general information on data processing
a. Information about our authorizations
We process personal data within the legally permissible limits. This means that data processing operations are based on a legal basis. These are standardised in Art. 6 Para. 1 GDPR. Most data processing operations are based on a legitimate interest on our part (Art. 6 para. 1 lit. f GDPR), on processing operations necessary for the performance of the contract (Art. 6 para. 1 lit. b GDPR) or on the basis of consent granted by you (Art. 6 para. 1 lit. a GDPR). In the latter case you will be informed separately (e.g. via a cookie banner) of the consent procedure.
Personal data will only be passed on in the cases described below.
We process personal data only for clear purposes (Art. 5 para. 1 lit. b GDPR). As soon as the purpose of the processing ceases to apply, your personal data will be deleted or protected by technical and organisational measures (e.g. by pseudonymisation).
The same applies to the expiry of a prescribed storage period, subject to the cases in which further storage is necessary for the conclusion or fulfilment of a contract. In addition, a legal obligation may arise for longer storage or disclosure to third parties (in particular to law enforcement agencies). In other cases, the storage period and the type of data collected as well as the type of data processing depends on which Poll Pay functions you use in each individual case. We will be happy to provide you with information on this in individual cases, in accordance with Art. 15 GDPR.
b. Information about the technical process of our app
Our app or the technical backend of our app ("network") is connected to various market research companies, marketplaces and enterprises (collectively "marketplaces"). These marketplaces regularly create surveys for their customers (companies). For these surveys, the marketplaces are looking for participants to participate in the surveys. In order to support the marketplaces in their search for participants, we have built our app with the services Poll Pay. We bring the marketplaces that are looking for participants together with the participants, i.e. you. As a user of the app, you deposit personal data in your user account when creating a user account and when using a user account. This personal data is also called "qualifications" in our app. This is because we have to filter each new survey for which participants are being sought to determine whether you are eligible for the survey. Either we can find this out based on the qualifications you have already provided or we will ask you again to complete some additional qualifications that you can store in your user account. If you are eligible for a survey because the qualifications required by the marketplaces and the qualifications you have stored match, you have the opportunity to participate. If you decide to participate, we will pass on the matching qualifications to the marketplace. The survey itself is either conducted in our app itself or on the marketplace website or the website of the market research company or a company. A link in our app will connect you directly to the survey.
The data protection declarations of the marketplaces can be viewed under the following links. The marketplaces are listed here under their publication name in the app, but not their full name or company name.
Thefollowing partners provide surveys that require real-time localization of theuser. With the user's permission, transaction data is shared with thesepartners so that they can use it to deliver appropriate surveys or offers. Thepermission to share location can be revoked at any time in Poll Pay. Thehandling of the data and how the rights of the users regarding the data can beseen under the respective links.
3. data processing in connection with the use of Poll Pay
The use of Poll Pay with all its functions requires the processing of certain personal data.
3.1 Informational use of the services of Poll Pay
The purely informational calling of Poll Pay requires the processing of the following personal data and information: the operating system used, the address of the terminal device with which you access Poll Pay (IP address) as well as the time of calling Poll Pay. All this information is automatically transmitted from your app, unless you have configured it in such a way that transmission of the information is suppressed.
These personal data are processed for the purpose of the functionality and optimization of Poll Pay, as well as to ensure the security of our information technology systems. These purposes are at the same time legitimate interests according to Art. 6 para. 1 lit. f. GDPR.
3.2 Use after registration at Poll Pay
Beyond the purely informative use of Poll Pay, you have the possibility to register for our services and to use our entire offer.
This use of our services requires the processing of personal data and information in the manner described in this section 3.
Some processing steps may also be carried out by third party providers. The data processing of the third party providers is carried out according to the conditions of the relevant data protection declarations. In the case of data processing with third party providers, this may constitute commissioned processing within the meaning of Art. 28 GDPR. This is subject to strict legal requirements, which we comply with in the course of our contractual agreements with our contract processors.
The use after login and the associated data processing procedures may differ from the purely informative use. The collection of this data, which is related to your profile, is carried out for the purpose of optimising our services, for the purpose of guaranteeing the functionality of our offer (legitimate purposes according to Art. 6 Para. 1 lit. f GDPR) as well as for the fulfilment of our performance obligations towards you (Art. 6 Para. 1 lit. b GDPR). Should your consent be necessary for the processing procedure, we will obtain it at the appropriate point (e.g. via the opt-in possibility within the framework of a cookie banner when using our service for the first time). If you have any further questions, we will be happy to assist you within the scope of your right to information according to Art. 15 para. 1 GDPR.
3.3 Contact form / Contact by e-mail
We process the data you provide us with when contacting us for the purpose of answering your enquiry, your e-mail or your request for a callback. Processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. In individual cases, we forward this data to companies affiliated with us, i.e. only within our company/group. The legal basis of the processing depends on the purpose:
- Basically, it is based on our legitimate interest and thus on Art. 6 para. 1 lit. f GDPR;
- If the aim is to conclude a contract, the authorization is based on Art. 6 para. 1 lit. b GDPR .
3.4 Creation and use of a user account
You can create a user account (hereinafter also referred to as "profile") in our services in order to use the Poll Pay services and your features. In order to do so, you must register with one of your accounts with one of our social media partners. In doing so, our social media partners (facebook, Instagram, Google, Apple, Twitter) will transmit personal data such as your e-mail address to us and will process it to create a user account and store it in our information technology systems. Your IP address and time of registration are also stored.
Other personal data that you can independently store in your user account or that you will be asked for in the context of the qualification query for a new survey include your age, your location, your gender and, if applicable, other personal characteristics ("qualifications") required by the survey partners for joining a survey.
When you log in to your profile, Poll Pay places cookies on your device to allow you to stay logged in - even if you need to reload the app in the meantime. By creating your profile, you can use the functions of Poll Pay.
The processing procedures connected with the creation and completion of a profile serve the purpose of being able to assign future usage procedures and to be able to access the entire range of Poll Pay Services. Directly connected with this is, for example, the checking whether you are suitable for surveys that we receive from the marketplaces. In order to participate in surveys, you must meet the criteria requested for the specific survey. We will check whether you meet the criteria either by asking you (if we have not yet asked you for the criteria of the survey) or automatically (if we have already asked you for the criteria of the survey) after receiving the survey by comparing the criteria with the information you have provided about yourself. The processing of your data thus serves the implementation of the contract, is therefore purpose-bound and necessary in accordance with Art. 6 para. 1 lit. b GDPR.
The storage of IP address and time of registration is necessary to ensure the security of our information technology systems. This is also in our legitimate interest, which is why the processing is also lawful in accordance with Art. 6 para. 1 lit. f GDPR.
The storage of the personal data entered by you is carried out up to the time of the deletion of your profile at Poll Pay, beyond that only as long as the processing is necessary for possible fulfilment of the contract.
It is not intended to pass on your data to third parties. All checks on the requested criteria in a survey are carried out by us on our servers.
3.5 Processing of payment & provision of credits
To process the payout of credits you receive through participation in surveys in or via our app, we offer various payment methods, some of which use payment service providers such as PayPal. Processed data in this context are usage data, connection data, master data, payment data, contact data or even contract data. The legal basis for the use of payment service providers results from Art. 6 para. 1 lit. b GDPR. We have signed an order processing contract with each of the payment service providers so that the security of the processing of your data is guaranteed at all times. The Payment Service Providers are in detail:
It is possible to process the payment process with the online payment service PayPal. PayPal makes it possible to make online payments to third parties. The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg. If you choose PayPal as your payment method, your data required for the payment process will be automatically transmitted to PayPal. This is regularly the following data:
Exchange for vouchers
You can also exchange the credits you receive by participating in surveys in or via our app for vouchers from our partners, such as StarBucks, Amazon, Zalando, Google Play Store, iTunes, Spotify etc. Should you decide to do so, we will not pass on any of your personal data to our partners. For the allocation of vouchers, our service provider Cadooz transmits a non-personal ID and a credit status without personal reference to our partners. For this credit status Cadooz then transmits a voucher in the form of voucher codes to us, which we in turn pass on to you. Cadooz thus acts as an intermediary who takes over the ordering and processing of the allocation of vouchers by redeeming credit notes as our service provider. Cadooz does not process any personal data of yours. You can use voucher codes upon receipt, for example when shopping on the mentioned platforms or in the mentioned shops.
You can find further information about Cadooz at https://www.cadooz.com.
Cadooz is solely responsible for data processing in the context of redeeming credit notes. For details of data processing by Cadooz, please refer to https://www.cadooz.com/datenschutz/.
3.6 Tracking & Tools
To ensure a smooth technical process and an optimal user-friendly use of Poll Pay we use the following tools:
In order to locate your location, we collect your IP location by determining your IP address through the service of IP Stack. Processed data categories are therefore connection data. The recipient of the data is apilayer GmbH, Elisabethstrasse 15/5, 1010 Vienna, Austria. A transfer to a third country is not intended. We do not store any personal data on your terminal device and do not read out such data. Our legal basis for the use of IPStack results from Art. 6 para. 1 lit. f GDPR (legitimate interest).
For detailed information on IPStack's data protection, please refer to the following link: https://ipstack.com/privacy."
In order tobe able to check whether your behavior complies with our terms and conditions,we check with the service of Samplechain. This allows us to detect bot behavioror other forms of non-human use. Our legal basis for the use of Samplechainresults from Art. 6 para. 1 lit. f DSGVO (legitimate interest).
Fordetailed information on ipstack's data protection policy, please see thefollowing link: https://samplechain.co.
To be ableto check if your behavior complies with our Terms and Conditions, we check withthe service of Twilio. With this service we can detect bot behavior or otherforms of non-human use. Our legal basis for using Twilio results from art. 6par. 1 letter f DSGVO (legitimate interest).
Our appuses Mixpanel, a user flow messaging tool from Mixpanel Inc, San Francisco 405Howard Street, Floor 2, San Francisco, CA 94105, to capture randomly selectedindividual visits (anonymous IP address only). We ourselves pass event names toMixpanel, such as "Settings open", among others. We also send some ofyour qualifications (e.g. age, gender, etc.) to Mixpanel. By using Mixpanel, alog of the actions you perform in the app is created. We do this with theintention to derive potential improvements for our app from this log.
Therecipient of the data is Mixpanel Inc, San Francisco 405 Howard Street, Floor2, San Francisco, CA 94105. The transfer of data to Mixpanel is done on acase-by-case basis and in accordance with Resolution (EU) 2016/1250 -"EU-US Privacy Shield". Mixpanel Inc. is certified according to theEU-U.S. Privacy Shield. Further information on data protection can also befound here: https://mixpanel.com/privacy.
The legalbasis for the use of Mixpanel is your consent (opt-in in the cookie banner),provided that you have given it to us during your first visit to our app. Thelegal basis for the integration of Mixpanel therefore results from Art. 6 para.1 lit. a DSGVO. On the basis of your consent, we store personal data on yourterminal device by means of cookies and read them out. If you have not given usyour consent to use Mixpanel (no opt-in in the cookie banner), we will not useMixpanel during your visits to our App.
If you nolonger wish to use Mixpanel, you can object to this at the following link: https://mixpanel.com/optout.
Our appuses AppsFlyer, an attribution service of AppsFlyer Ltd, 14 Maskit St, POB12371 Herzliya, Israel ("AppsFlyer"). For the use of AppsFlyer wehave concluded a contract processing agreement with AppsFlyer (Art. 28 para. 3DSGVO).
AppsFlyerprocesses personal data on our behalf to create aggregated user profiles aboutthe interaction with our advertising media. We can use the information obtainedin this way to measure the success of our app marketing campaigns and tooptimize our app. Furthermore, AppsFlyer enables us to ensure the security anddefense of fraud by advertising networks.
Thefollowing data is transmitted to Appsflyer: The IP address of your device andassociated location data, campaign source and associated targeting and variousevents in the app after Poll Pay is installed.
However,due to the activation of the IP anonymization "IP Masking", your IPaddress will be shortened by AppsFlyer before.
Therecipient of the data is AppsFlyer Ltd, 14 Maskit St., POB 12371 Herzliya,Israel. The European Commission has determined by decision that an adequatelevel of protection for personal data is guaranteed in Israel (Art. 45 DSGVO).Further information on Appsflyer's data protection can be found under the followinglink https://www.appsflyer.com/privacy-policy/.
The legalbasis for the use of AppsFlyer is your consent (opt-in in the cookie banner),if you have given us this consent during your first visit to our App. The legalbasis for the integration of AppsFlyer therefore results from Art. 6 para. 1lit. a DSGVO. On the basis of your consent, we store personal data on yourterminal device by means of cookies and read them out. If you have not given usyour consent to use AppsFlyer (no opt-in in the cookie banner), we will not useAppsFlyer during your visits to our App.
If you donot want AppsFlyer to collect and process data, you can download an opt-outcookie via the following link: https://www.appsflyer.com/optout.
As soon asyou delete your cookies, you will have to download the opt-out cookie again.
Our profiles on social media websites
We operate a so-called Facebook fan page on Facebook about our company. When you visit the Facebook fan page, Facebook can evaluate your usage behavior and provide us with information obtained from this ("Insights"). The use of the page insights is for the purpose of economic optimization and demand-oriented design of our Internet presence / our services. Processed data categories are master data, contact data, content data, usage data, connection data, if applicable. Recipient of the data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as jointly responsible according to Art. 26 GDPR. A transfer to a third country outside the EU does not take place. The legal basis for processing the data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Facebook is responsible for the implementation of your data subject rights. Facebook can inform you about your rights as a data subject at https://www.facebook.com/legal/terms/information_about_page_insights_data. You can also assert your rights against us; we will then immediately forward your request to Facebook.
We operate a so-called Instagram Fanpage on Instagram about our company. When you visit the Instagram fan page, Facebook can evaluate your usage behavior and provide us with information obtained from this ("Insights"). The use of the page insights is for the purpose of economic optimization and demand-oriented design of our Internet presence/our services. Processed data categories are master data, contact data, content data, usage data, connection data, if applicable. Recipient of the data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as jointly responsible according to Art. 26 GDPR. A transfer to a third country outside the EU does not take place. The legal basis for processing the data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Facebook is responsible for the implementation of your data subject rights. Facebook can inform you about your rights as a data subject at https://www.facebook.com/legal/terms/information_about_page_insights_data. You can also assert your rights against us; we will then immediately forward your request to Facebook.
1. we run Twitter a Twitter fan page about our company When you visit and use our Twitter fan page, Twitter can evaluate your usage behavior and provide us with information obtained from this. This information is used for the purpose of economic optimization and demand-oriented design of our website. Processed data categories are master data, contact data, content data, usage data, connection data. The recipient of the data is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, Ireland, as jointly responsible in accordance with Art. 26 GDPR. A transmission into a third country does not take place. The legal basis for processing the data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 Para. 1 lit. f GDPR.
We operate a channel to our company on YouTube. When you visit and use our YouTube channel, Google can evaluate your usage behaviour and provide us with information obtained from this. This information is used for the purpose of economic optimization and demand-oriented design of our website. Processed data categories are master data, contact data, content data, usage data, connection data. The recipient of the data is Google Ireland Ltd, Gordon House, Barrow Street Dublin 4 Ireland, as jointly responsible in accordance with Art. 26 GDPR. A transfer to a third country does not take place. The legal basis for processing the data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 Para. 1 lit. f GDPR.
Information on the cookies used
Cookies are small files that are stored on your device (computer, tablet or smartphone). When a website is accessed, the cookie stored on a device sends information to the party that placed the cookie.
We distinguish between
- Required cookies, which are absolutely necessary for the technical functions of the app
- statistics cookies, which allow us to analyze the use of the app, and
- Marketing cookies that are placed by advertisers to display advertising that is relevant to your interests.
We offer you the opportunity to choose your preferences regarding functional and marketing cookies when you first visit our app and at any time thereafter.
4. order processing
In some cases, we use external service providers such as IPStack and OneSignal to process your data. These service providers have been carefully selected and commissioned by us. They are bound by our instructions and are checked regularly. If necessary, contract processing agreements are concluded with our partners. Our contract processing agreements comply with the strict requirements of Art. 28 GDPR and the specifications of the German data protection authorities.
5. rights of data subjects
If your personal data is processed, you are the person concerned within the meaning of the GDPR and you as a user have the following rights vis-à-vis the person responsible:
5.1 Right to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller about the following:
- the purposes for which the personal data are processed
- the categories of personal data which are processed;
- the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
- the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
- the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- any available information as to the source of the data where the personal data are not collected from the data subject;
- the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
- You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.
5.2 Right of rectification
You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.
5.3 Right to limit processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
- if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
- the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of the processing, but you need the personal data in order to assert, exercise or defend legal claims; or
- if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.
- If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
5.4 Right of cancellation
5.4.1 You may request the controller to delete immediately the personal data concerning you and the controller is obliged to delete such data immediately if one of the following reasons applies:
- the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
- you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a DPA and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data concerning you have been processed unlawfully.
- The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.
5.4.2 If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or to make copies or replications of this personal data.
5.4.3 The right of cancellation does not apply where processing is necessary
- on the exercise of the right to freedom of expression and information;
- to comply with a legal obligation to which the processing relates under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 letters h and i and Art. 9 para. 3 GDPR;
- for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the law referred to in para. 1 is likely to render the attainment of the objectives of such processing impossible or seriously prejudice it, or
- to assert, exercise or defend legal claims.
5.5 Right to information
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.
5.6 Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that the processing is based on a consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data 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.
5.7 Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.
5.8 Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.
The processing is lawful until your revocation - the revocation therefore only affects the processing after receipt of your revocation. You can informally revoke your consent by mail or e-mail. Your personal data will then no longer be processed, subject to the permission of another legal basis. If this is not the case, your data must be deleted immediately after the revocation in accordance with Art. 17 para. 2 GDPR. Your right to revoke your consent subject to the above-mentioned conditions is guaranteed.
Your revocation must be addressed to:
40789 Monheim am Rhein, Germany
5.10 Right of appeal to 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 in which you are resident, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
6. automated decisions in individual cases including profiling
Automated decisions in individual cases, including profiling, are not carried out.
7. notification obligations of the responsible person
If your personal data have been disclosed to other recipients (third parties) for legal reasons, we will inform them of any correction, deletion or restriction of the processing of your personal data (Art. 16, Art. 17 para. 1 and Art. 18 GDPR). The obligation to notify is not applicable if it involves a disproportionate effort or is impossible. We will also inform you of the recipients upon request.
The BitBurst GmbH
Lerchenweg 3, 40789 Monheim am Rhein, Germany
These General Terms and Conditions ("Terms") govern the usage relationship between you as a user ("User") of our mobile app and web application "Poll Pay" ("Poll Pay" or "App") and the operator of the app, BitBurst GmbH ("BitBurst").
§ 1 Contractual Partner
1.1 These Terms and Conditions apply to all legal transactions between BitBurst, hereinafter referred to as "BitBurst" or "we", and its contractual partner, hereinafter referred to as "User" or "You", which are concluded through Poll Pay.
1.2 These Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. Should there be any legal peculiarities in relation to consumers, we will point this out in these GTC.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB, definition according to German law). Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB, definition according to German law).
§ 2 How Poll Pay works
2.1 As a user of Poll Pay, you can participate in various selected market research surveys, which we ourselves post on Poll Pay or have posted through our partners.
2.2 Our app or the technical backend of our app ("network") is connected to various market research companies, marketplaces and enterprises (collectively "marketplaces"). These marketplaces regularly create surveys for their customers (companies). For these surveys, the marketplaces are looking for participants to participate in the surveys. To support the marketplaces in their search for participants, we have built our app with the Poll Pay service. We bring the marketplaces looking for participants together with the users, i.e. you.
2.3 As a user of the App, you deposit personal data in your user account when creating a user account and when using a user account. This personal data is also called "qualifications" in our App. This is because we have to filter for each new survey for which participants are being sought, to determine whether you are eligible for the survey. Either we can find this out based on the qualifications you have already provided or we will ask you again to complete some additional qualifications that you can store in your user account.
2.4 If you are eligible for a survey because the qualifications required by the marketplaces and the qualifications you have stored match, you have the opportunity to participate in the survey. If you decide to participate, we will pass on the matching qualifications to the marketplace. The survey itself is either conducted in our app itself or on the marketplace website or the website of the market research company or a company. A link in our app will connect you directly to the survey. You have no right to participate in a survey. The participants are finally selected by us or the marketplace.
2.5 With each successful and completed participation in a survey you will receive credits ("cash"). You can collect these credits and, when you have reached the corresponding values, exchange them for a cash payout or for the allocation of credits from our partners (both together "Reward"). You can check the amount of your credits at any time in your user account. You can also view our current partner portfolio in our app at any time.
§ 3 Registration and creation of a user account
3.1 In order to use our app, your free registration as a user is required. Only natural persons with unlimited legal capacity may register as users.
3.2 To register, you must log in with one of your accounts via one of our social media partners (including facebook, instagram, Google, Apple, Twitter). By registering, you submit a binding offer to us to conclude a user contract. The user contract is concluded when we confirm the registration and activate your user account.
3.3 Each user may only register once.
3.4 We have the right to exclude you from the use of our services and to delete your user account if we have reasonable grounds to suspect that you have (have) violated the essential obligations of these Terms and Conditions. We will inform you about this exclusion and give you the opportunity to comment. In any case, we will take your legitimate interests into account and enable you to exchange your credits for vouchers. The right to extraordinary termination remains unaffected.
§ 4 Account balance and terms of payment
4.1 Your account balance is shown in "Cash". This indication is a virtual currency and does not imply any claim to the amount in cash or any other national or virtual currency. A sufficient amount of "Cash" may result in a payout in cash or the right to exchange it for vouchers. Possession of "Cash" does not imply a right to conversion at any time unless appropriate thresholds for an appropriate method of withdrawal are reached.
4.2 After the necessary amount of "Cash" has been earned for the offered payouts or exchanges into vouchers ("Reward"), the User may request one of the listed Rewards. The following aspects are binding for all users of Poll Pay.
a) Understand the meaning of "Cash". "Cash" is only an indicator of progress to the next opportunity to receive a reward. Based on the displayed "Cash", there is no entitlement to a reward as long as the payout limits are not reached. The thresholds to be reached to claim a reward vary depending on the reward method. The individual current minimum amounts for rewards can be seen in the app by selecting the respective reward method. There is no way to convert remaining "cash" or any amount of "cash" into rewards or payouts into cash.
b) Once a Reward has been requested, we will check the request for legality. In case of suspected fraud or breach of these terms and conditions, we reserve the right to delay or stop the payment of the Reward. We are not obliged to prove the user's guilt in order to be able to initiate sanctioning consequences. In addition, a comparison of a reward request with the fraud reports regularly sent by our survey partners (including marketplaces) will take place. If the partner refuses the survey results of individual users and thus also rewards us for these due to poor quality or other reasons, we will deduct the "cash" unjustly earned by the respective users in the amount of the amount shown in the fraud suspicion reports. If the Reward has already been paid out before the deduction based on the Fraud Suspicion Report could be made, we may charge the user account with a negative "Cash" balance.
c) We try to process the reward within the first 5 working days after the request. In case of suspected fraud, we reserve the right to delay the payment of the reward indefinitely. For users whose user behaviour turns out to be legal and innocent in the course of the investigation, there is no claim for compensation due to the delay.
d) Not every payment method is available in every country. We try to present this as clearly as possible. If a user has chosen a reward method that is not available, we are not obliged to implement it. We may refer to alternative reward methods, but we are not obliged to offer alternatives requested by the user.
e) After receiving a reward, the user account may not be deleted directly. For data protection reasons, we must delete your email address from our servers as soon as you have deleted your data or the app itself. Delete your account or your data after you have requested a reward, but before the reward has arrived, the payout can no longer be assigned and therefore expires.
f) To check whether the conditions for a payout(see §4 b) are fulfilled. Does BitBurst perform various fraud detectionmeasures. To do this, BitBurst uses anti-fraud software from "SamplechainLLC, New Orleans, LA 70115, US". In addition, more extensive verificationsteps such as phone number verification via the service provider "TwilioInc., 375 Beale Street, Suite 300, San Francisco, CA 94105" are requiredto be able to use selected fraud-prone payout methods. If one of these partnersdefines a user as fraudulent or non-verifiable, the user will forfeit the rightto withdraw.
§ 5 Rules of use
5.1 The use of Poll Pay is bound to the following rules:
a) The use of "bot-controlled" software, elements, apps etc. in any form is prohibited. Only the use by a natural person via a smartphone or tablet is allowed.
b) Each user may use Poll Pay only on one terminal device. The systematic use on several devices is prohibited.
c) The use of Poll Pay is only allowed in the home country of the user. The use of services such as fake GPS, VPN or similar are prohibited while using Poll Pay.
d) The in-App currency "Cash" (credits) can only be earned through the channels provided in the App. These ways are watching videos, completing "offers" from the "Offerwalls" or the complete participation including the completion of surveys. Any attempt to fake cash by modifying settings or the network connection is prohibited. Failure to comply with the rules and restrictions will result in strict sanctions, which may include deletion of the user account, resetting the "Cash" amount earned through prohibited means, and withholding the rewards requested by the prohibited use.
e) The use of Poll Pay is permitted from the age of 16 years or older. The age of the user is queried before using the app and must be answered correctly. A wrong answer will result in the blocking and deletion of the user account.
5.2 Users are prohibited from spreading insulting, aggressive, violence glorifying or other legally prohibited expressions, sentences or messages in the form of comments, pictures or other media in the context of Poll Pay. This includes, but is not limited to, comments in the Google Play Store and social media such as Instagram, but also all other means of communication. Furthermore, it is prohibited to place the Invite-a-Friend Code (invite-code) of the Refer a Friend program in the comments (reviews) of the Google Play Store. The Invite-a-Friend Code is intended solely for distribution to friends or for placement in your own content on social media.
§ 6 Availability & Changes to Poll Pay
6.1 For technical reasons, we cannot guarantee permanent and complete availability of the servers on which our services are operated. At times, the availability of our App or individual services may therefore be limited - in particular due to the necessary performance of maintenance or repair work. As a rule, we will carry out these maintenance or repair work outside normal business hours.
6.2 BitBurst reserves the right to make changes to Poll Pay and related services and systems. The user must accept any restrictions or changes associated with such modifications and does not have to be compensated or justified in the event of a disadvantage. Changes include, but are not limited to, changes in the fees for granting rewards, the payouts in cash itself, or the rewards granted to "Cash" for successfully completed surveys. Other possible changes include the expansion or reduction of functions and the termination of functions. We are also entitled to completely discontinue Poll Pay at any time or transfer it to third parties. Possible accumulated "Cash", which entitles to a reward, will be granted in this case on request of the users on one of the possible reward ways.
§ 7 Limitation of liability
7.1 Our liability from this contract of use, regardless of the legal basis, for your damages which do not result from injury to life, body or health, is limited to the amount of the typically foreseeable damages at the time of the conclusion of the contract, provided that the damage was not caused by us or by a legal representative or a vicarious agent either intentionally or through gross negligence.
7.2 This limitation of liability shall not apply if the damage is due to a culpable breach of material contractual obligations by us or by a legal representative or vicarious agent. Essential to the contract is an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
7.3 In the event of a technical error, "BitBurst GmbH" apologizes for the error or "bug" that the user experiences. BitBurst assumes no responsibility for possible errors in earning "cash", the full or partial loss of already earned cash, or other consequences based on technical errors. In particular, BitBurst cannot and will not be responsible for technical errors caused by third parties. This includes the technical implementation of the surveys or the embedded support software.
7.4 The original language of Poll Pay is German. In addition, in countries outside of Germany, the app is available in English. Any other available language has been generated by digital translation services. BitBurst assumes no responsibility for possible translation errors and their consequences. For this reason, the language can be reset to English or German in each country to ensure an understanding of the exact meaning of sentences and words.
§ 8 Place of jurisdiction
If you act as a company or are a merchant in the sense of the German Commercial Code (HGB), our registered office is the place of jurisdiction for all disputes arising from this contract. For contracts with consumers, the statutory provisions on the respective competent court shall apply.
§ 9 Online dispute resolution
Information on online dispute resolution for consumers: We would like to point out the possibility of online dispute resolution (so-called "OS platform"). Consumers can use the OS platform as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The OS Platform can be reached under the following link: http://ec.europa.eu/consumers/odr.
We are prepared to participate in the settlement of disputes via this OS platform.
§ 10 Severability clause
If a provision of these GTC is or becomes invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put one party to the contract at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.