Privacy Policy SmartDepart

Welcome to our service SmartDepart. Below, we explain what personal data we process, how we process this personal data, and what rights you have regarding this processing.

1. Controller for Data Processing

The controller for data processing is:
Airsphere GmbH
Am Technologiepark 8
82229 Seefeld
Telefon: +49 8152 98378 – 00
E-Mail: info@airsphere.de

We have not appointed a data protection officer for our company and are not required to do so. If you have questions about how we implement data protection or wish to exercise your rights, please contact us at:

E-Mail: datenschutz@airsphere.de

2. Your Rights Regarding Data Processing Conducted by Us

We are happy to provide you with information about whether and which personal data about you is processed by us for what purposes (Art. 15 GDPR). In addition, under the respective legal conditions, you have the right to rectification (Art. 16 GDPR), the right to restriction of processing (Art. 18 GDPR), the right to erasure (Art. 17 GDPR), and the right to data portability (Art. 20 GDPR). Under the legal conditions, you have the right to object to processing (Art. 21 GDPR). To exercise your aforementioned rights, please contact our data protection officer.

If our data processing is based on your consent within the meaning of Art. 6 para. 1 (a) GDPR, you can revoke this consent at any time freely and without giving reasons (Art. 7 para. 3 GDPR).

The exercise of your rights as described above is free of charge for you.

Regardless of these rights and the possibility of asserting another administrative or judicial remedy, you have the option at any time to exercise your right to lodge a complaint with a supervisory authority. The supervisory authority responsible for us is:

Bavarian State Office for Data Protection Supervision Promenade 18 91522 Ansbach Germany Phone: +49 (0) 981 180093-0 Fax: +49 (0) 981 180093-800 Email: poststelle@lda.bayern.de

3. Data Security

We have taken extensive technical and organizational measures to protect your personal data from manipulation, loss, destruction, or unauthorized access by third parties. Since your personal data is primarily stored and processed on your own end device, we ask you to ensure the protection of your end device against unauthorized access.

4. Automated Decision-Making (Including Profiling)

We do not process your personal data as part of an automated decision-making process (including profiling) and do not intend to carry out such processing.

5. Recipients of Data

In the following cases, we transmit your data to third parties:

To fulfill the purposes stated by us, we use processors, and we transmit personal data to these processors. The legal basis in this case is Art. 28 GDPR. To the extent necessary to fulfill our contractual obligations, e.g., in particular to the authorized credit institution for invoicing. The legal basis in this case is Art. 6 para. 1 (b) GDPR. To the extent necessary to fulfill a legal obligation incumbent upon us, e.g., in particular to authorized law enforcement and tax authorities. The legal basis in this case is Art. 6 para. 1 (c) GDPR. To the extent necessary to protect legitimate interests. Our legitimate interests include, in particular, the defense and assertion of our legal claims. The legal basis in this case is Art. 6 para. 1 (f) GDPR.

In particular, we transmit data in the context of providing services available via the SmartDepart app, as described in detail below in sections 10 through 13.

6. Responsibility of App Store Operators

Due to the technical provision of the app, when loading and installing the SmartDepart app, the app store operator through which the app is downloaded will also process personal data as an independent data controller. We have no insight into the data processing of the app store operators and no influence on it.

Please inform yourself with the app store operator about which personal data they process before downloading the app from the app store.

7. Your Contact with Us

When you contact us with an inquiry, we process your personal data provided in the inquiry to process, manage, and respond to your inquiry. These are primarily your name and email address.

The legal basis for processing your data is Art. 6 para. 1 (b) GDPR, insofar as it concerns the initiation of a contract or customer care within the framework of an existing contractual relationship. If you give us your explicit consent, for example, in a contact form, the legal basis is Art. 6 para. 1 (a) GDPR. You can revoke the consent at any time free of charge and without giving reasons. If neither of the two aforementioned cases applies, the legal basis is Art. 6 para. 1 (f) GDPR, namely our legitimate interest in communicating with our customers as desired. You can object to our legitimate interest at any time, Art. 21 GDPR.

We store the data provided by you when contacting us until you revoke your consent to storage or the purpose for data storage ceases to exist (e.g., after completion of processing your inquiry). Any applicable statutory retention periods remain unaffected.

8. Protection of Legitimate Interests and Fulfillment of Legal Obligations

We may use the names and contact details provided by you to advertise our goods and services, unless there is a legal requirement for explicit consent from the recipient. According to § 7 para. 3 UWG (German Act Against Unfair Competition), we may also send you advertising by email without your consent if you have provided your email address in connection with an order and we advertise our own similar goods or services. The legal basis for this data processing is Art. 6 para. 1 (f) GDPR. Our legitimate interest pursued is direct advertising. You can object to this form of email advertising at any time; we will inform you about this right of objection when entering your email address and in every promotional email.

We delete this data or refrain from processing it if you raise an effective objection under Art. 21 GDPR or revoke your consent under Art. 7 para. 3 GDPR. Any relevant legal provisions – in particular retention periods – remain unaffected.

9. User Profile in the SmartDepart App

To use the SmartDepart app and its functionalities, it is necessary for you to create a user profile. The user profile is used to identify yourself with the SmartDepart app and to use the services associated with SmartDepart.

9.1 Creating a User Profile

To create a user profile, we ask you to provide your first and last name. This information is stored exclusively locally on your end device.

The legal basis for data processing is Art. 6 para. 1 (b) GDPR; we use your data to fulfill the contract concluded with you for the use of the SmartDepart app and the services associated with SmartDepart.

Your data will be deleted when you delete your profile or the app from the device used. Any relevant statutory retention periods remain unaffected.

9.2. Additional Information in the User Profile

You can voluntarily store additional information in your user profile. This information is stored exclusively locally on your end device; it will be deleted when you delete this information from your profile or delete your profile and/or the app from the device used. Any relevant statutory retention periods remain unaffected.

Please note that the use of certain services available via SmartDepart may require the storage of this additional information; therefore, it may not be possible to use these services with only the data stored when creating the user profile.

Email Address

You can store your email address in your user profile. We will use this email to communicate with you regarding our offer and with regard to the services available with SmartDepart, such as sending you access codes, appointments, or confirmations.

The legal basis for data processing is Art. 6 para. 1 (b) GDPR; we use your data to fulfill the contract concluded with you for the use of the SmartDepart app and the services associated with SmartDepart.

We will not use your email address for other purposes, especially not for advertising, unless you expressly consent to this.

In these cases, the legal basis for processing is your consent pursuant to Art. 6 para. 1 (a) GDPR. You always give this consent voluntarily upon our request in the SmartDepart app. We will store your email address for this purpose until you revoke your consent. You can revoke the consent at any time free of charge and without giving reasons; you will always find a link to explain your revocation in every promotional message.

Creating a “Digital Identity”

You can voluntarily create a “digital identity” in the SmartDepart app. This “digital identity” consists of your first and last name and a self-portrait of your face (“selfie”). You can create the self-portrait in the app yourself and upload it to the app. It will then be sent encrypted to the SmartDepart backend for the purpose of checking biometric suitability, where the facial vectors (template) are created and encrypted. The encrypted vectors are then stored in your user profile and linked with the other data stored there. The SmartDepart backend does not store this data.

The legal basis for data processing is your consent pursuant to Art. 6 para. 1 (a) GDPR, Art. 9 para. 2 (a) GDPR. You always give this consent voluntarily upon our request in the SmartDepart app. You can revoke the consent at any time free of charge and without giving reasons by deleting your “digital identity” from the SmartDepart app, deleting your user profile in the SmartDepart app, or deleting the SmartDepart app from your device.

Creating a “Verified Digital Identity”

The creation of a verified digital identity is supported in future versions of SmartDepart.