Privacy Policy

Personal data (usually referred to just as "data" below) will only be processed by us for the purposes described in this privacy policy, including operating our website and providing, securing and supporting the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about service providers and third-party components that may process personal data on our behalf or, where applicable, under their own responsibility.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law is:

IT Surmann LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, United States

thomas (at) bootify (dot) io

The contact information published here and in the legal notice is not provided for advertising or informative material to be sent. We hereby expressly object to this.

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to request erasure of personal data where the requirements of Art. 17 GDPR are met, or to restrict processing in accordance with Art. 18 GDPR;
  • to receive personal data they have provided to us in a structured, commonly used and machine-readable format and, where technically feasible, to have such data transmitted to another controller, where the requirements of Art. 20 GDPR are met;
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR);
  • where processing is based on consent, to withdraw consent at any time with effect for the future, without affecting the lawfulness of processing based on consent before its withdrawal (cf. Art. 7 Para. 3 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Hosting

To operate this website, we use the external hosting service Heroku, provided by Salesforce, Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, San Francisco, CA 94105, United States. The primary application servers and databases used to provide the Bootify service are hosted within the European Union. The hoster may process server data, communication data, IP addresses and other data generated when using the website.

The legal basis for this processing is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in providing a secure, stable and accessible website.

We have entered into a data processing agreement with the service provider. Where personal data is transferred outside the European Economic Area, the transfer is based on an applicable adequacy decision or appropriate safeguards, such as the European Commission’s Standard Contractual Clauses.

International Data Transfers

Some of our service providers or their subprocessors may process personal data outside the European Economic Area. Where the requirements of Chapter V GDPR apply, such transfers are based on an adequacy decision of the European Commission, including the EU-U.S. Data Privacy Framework for certified U.S. recipients where applicable, or on appropriate safeguards such as the European Commission’s Standard Contractual Clauses. You may contact us using the contact details above to obtain further information about the applicable transfer mechanism or a copy of the relevant safeguards.

Cloudflare

To secure our website and optimize loading times, we use the Cloudflare content delivery network provided by Cloudflare, Inc., 101 Townsend Street, San Francisco, California 94107, United States. When you access our website, requests are routed through Cloudflare’s infrastructure. Cloudflare may process technical information such as your IP address, the requested page, browser and device information, referrer information and security-related request data. Depending on the services and security functions used, technically necessary cookies may also be stored.

The legal basis for this processing is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the secure, reliable and efficient operation of our website.

We have entered into a data processing agreement with Cloudflare. Where personal data is transferred outside the European Economic Area, Cloudflare uses recognized transfer mechanisms, including the EU-U.S. Data Privacy Framework where applicable and the European Commission’s Standard Contractual Clauses.

Further information about data processing by Cloudflare can be found in Cloudflare’s privacy policy.

Cloudflare Turnstile

For the protection of our online forms against automated abuse (spam and bots), we use “Cloudflare Turnstile”, a service provided by Cloudflare Inc., 101 Townsend Street, San Francisco, California 94107, USA. Turnstile is used to distinguish human users from automated access attempts. For this purpose, technical information may be processed, including the IP address, browser and device characteristics, and interaction data. This processing is limited to the detection and prevention of abusive automated requests.

No tracking or advertising cookies are set by Cloudflare Turnstile, and no user profiling or cross-site tracking takes place. The legal basis for the processing is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in protecting our website and online forms from spam, misuse, and automated attacks.

Further information about data processing by Cloudflare can be found in Cloudflare’s privacy policy.

Plausible Analytics

We use the privacy-friendly analytics service Plausible Analytics (operated by Plausible Insights OÜ, Västriku tn 2, 50403 Tartu, Estonia) on our website. Plausible does not use cookies and does not process any personal profiles.

The analysis is based on anonymized information such as the URL of the visited pages, referrer, browser and operating system used, as well as an approximate geographical location of the access (e.g. country or city). This data cannot be used to identify individual persons and serves solely for anonymous statistics to optimize our website.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in privacy-compliant web analytics and the improvement of our online presence.

All processing takes place exclusively within the European Union. For more information, please refer to Plausible’s privacy policy: https://plausible.io/data-policy.

Live Chat

To allow direct communication with visitors and provide customer support, we use the external chat provider Crisp IM SARL, 2 Boulevard de Launay, 44100 Nantes, France (“Crisp”).

When you use the live chat, Crisp may process the content of your messages, contact details provided by you, your IP address and technical or session information. Crisp uses functional cookies to maintain chat sessions; these cookies are not used for advertising or cross-site tracking.

The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR where the communication relates to a contract or steps taken prior to entering into a contract. For general inquiries, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in responding to inquiries and providing customer support.

We have entered into a data processing agreement with Crisp. Further information about Crisp’s processing and the retention of chat and session data can be found in Crisp’s privacy and cookie policies.

Cookies

a) Cookie usage

We use cookies and similar technologies for functions such as security, login and live chat. Plausible Analytics does not use cookies. We do not use cookies for advertising or cross-site tracking.

b) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Service usage

In order to use our online tool and create custom code, users may provide project-related information, such as a project or entity name. The service is not intended for the submission or processing of personal data as project data, and users should not include personal data relating to identifiable individuals in their project data. Project data is stored within a project context and processed for generating code at the user’s request.

Where project-related information contains the user’s own personal data and its processing is necessary to provide the requested service to that user, the processing is based on Art. 6 Para. 1 lit. b) GDPR. Users must not submit personal data relating to third parties as project data.

We do not sell project data or disclose it to third parties for their own purposes. Project data may be processed by service providers acting on our behalf where this is necessary to provide, secure or support the service. We may also disclose data where required by law or where necessary to establish, exercise or defend legal claims. A review of a project for answering questions, providing customer support or administrative purposes may be required. Anonymous or aggregated statistics may be created regarding the settings with which projects have been configured.

Project data is retained for as long as the relevant project or account remains active and is deleted after the project or account is deleted, unless longer retention is required by law or necessary to establish, exercise or defend legal claims.

Registration

It's not needed to register to use Bootify.io, however it allows access to advanced features. Registration on the website requires you to provide an e-mail as well as a password chosen by you. The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.

Only if consent has been given by e-mail we may list a registered user as a customer on the website. This may include the company name, a logo, a website URL and other data that may have been referred to in the e-mail, based on Art. 6 Para. 1 lit. a) GDPR.

Order Processing

Order processing and payment handling are carried out by Paddle.com Market Limited, which acts as Merchant of Record and processes personal data under its own responsibility. For the purpose of initiating the order, the customer's e-mail address is transferred to Paddle. Any further data required for payment and billing is collected directly by Paddle. We transfer the customer's e-mail address to Paddle to initiate the order on the basis of Art. 6 Para. 1 lit. b) GDPR. Paddle collects and processes further payment and billing data under its own responsibility and on its own applicable legal bases. Paddle’s privacy policy is available at https://paddle.com/privacy/.

Newsletter

If you register for our newsletter or consent to receiving product updates, we process your e-mail address for this purpose. We may also store the IP address and the date and time at which consent was given in order to document the consent.

We use services provided by Amazon Web Services, Inc. (“AWS”) to send e-mails. AWS processes the required data on our behalf. The legal basis for sending the newsletter is Art. 6 Para. 1 lit. a) GDPR. We have entered into a data processing agreement with AWS.

You may withdraw your consent at any time with future effect by using the unsubscribe link included in each newsletter or by contacting us. The withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

Contact

If you contact us by e-mail, through the contact form or through the live chat, the data you provide will be processed for the purpose of handling and responding to your inquiry.

Where your inquiry relates to a contract or steps taken prior to entering into a contract, the legal basis is Art. 6 Para. 1 lit. b) GDPR. For other inquiries, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in responding to inquiries and communicating with users and interested parties.

Your data will be deleted once your inquiry has been fully resolved and there is no legal obligation or other lawful reason to retain it.

Based on the Model Data Protection Statement of Anwaltskanzlei Weiß & Partner