PRIVACY POLICY

Last updated: Sep 27, 2024

1. introduction

At Jannik (“we”, “us” or “our”), we respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This policy describes the types of information we collect from you or that you provide to us when you visit our website Jannik.ai - Digital Tennis Coaching on Whatsapp (the “Website”) and use our product “Jannik” (the “Services”), as well as our practices for collecting, using, maintaining, protecting and disclosing that information.

2. controller for data processing

The controller within the meaning of the General Data Protection Regulation (GDPR) is

Tico AI FlexCo

Schilfweg 6/5

4621 Sipbachzell

E-Mail: contact@jannik.ai

Contact details of the data protection officer:

If a data protection officer has been appointed, you can contact them at the above address or by e-mail at datenschutz@jannik.ai.

3. data that we collect

Personal data that you provide: We collect the following personal data when you create an account or communicate with us.

- Account information: When you create an account with us, we collect information associated with your account, including your name, contact information, account login details, payment card information and transaction history (collectively, “Account Information”).

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- User content: When you use our services, we collect personal data contained in the submissions, file uploads or feedback you provide to our services (“content”).

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- Communication information: When you communicate with us, we collect your name, contact information and the content of the messages you send (collectively referred to as “Communication Data”).

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- Social media information: We have pages on social media sites such as Instagram, Facebook, Medium, X, YouTube and LinkedIn. When you interact with our social media pages, we collect personal information that you voluntarily provide to us, such as your contact details (collectively, “Social Media Information”). In addition, the companies that host our social media pages may provide us with aggregated information and analytics about our social media activities.

Legal basis: Art. 6 para. 1 lit. a GDPR (consent)

- Other information provided by you: We collect other information that you provide to us, e.g. when you participate in our events or surveys (collectively “other information provided by you”).

Legal basis: Art. 6 para. 1 lit. a GDPR (consent)

Data from external sources:

If we do not collect personal data about you directly from you, but from other sources (e.g. publicly accessible registers), you will be informed of the source from which the data originates.

Legal basis: Art. 14 GDPR (information obligations if the data was not collected from the data subject)

Non-personal data collected by visiting our website:

We collect the following non-personal data when you visit our website:

- Browser type

- IP address

- Referral/exit pages

- Operating system

- Date/time of access

Personal data that we automatically receive through your use of our Services:

When you visit, use or interact with the Services, we receive the following information (“Technical Information”):

- Log data: Information that your browser or device automatically sends when you use our Services. Log data includes your internet protocol address, browser type and settings, the date and time of your request and how you interact with our services.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- Usage data: We may automatically collect information about your use of the Services, such as the types of content you view or engage with, the features you use and the actions you take, as well as your time zone, country, dates and times of access, user agent and version, type of computer or mobile device and your computer connection.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- Device information: This includes the name of the device, the operating system, the device identifiers and the browser you use. The information collected may depend on the type of device you use and its settings.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- Cookies and similar technologies: We use cookies and similar technologies to operate and manage our services and to improve your experience. You can find more information about our use of cookies in our Jannik - Cookie Policy.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- External services: Our website uses third-party services to provide additional features. For instance, our website uses Google Fonts to ensure design consistency across different devices or Google Translator to provide our website in different languages. Please note that these services may involve transmission of data to their servers, this includes for instance your IP address. 

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

4. how we use your data

We use the collected data to:

- Provide and maintain our website and services to you.

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- Improve our services and develop new functions and to conduct research.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- To communicate with you and answer your inquiries.

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract) or Art. 6 para. 1 lit. a GDPR (consent)

- To send you newsletters and other information if you have consented to this.

Legal basis: Art. 6 para. 1 lit. a GDPR (consent)

- To carry out analyses in order to improve our website and services.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- To prevent fraud, criminal activity or misuse of our services and website and to protect the security of our systems and services.

Legal basis: Art. 6 para. 1 lit. c GDPR (compliance with a legal obligation) and Art. 6 para. 1 lit. f GDPR (legitimate interest)

- To fulfill legal obligations and to protect the rights, privacy, safety or property of our users, us, our affiliates or third parties.

Legal basis: Art. 6 para. 1 lit. c GDPR (compliance with a legal obligation)

Communication data via WhatsApp

In order to fully provide our service, we store the communication you have with us via WhatsApp. This includes all message content, timestamps and other relevant data that you provide to us via this platform. This storage is necessary to provide you with an individual and personalized experience. Jannik “remembers” your questions and answers in order to track and display your progress and the course of your tennis training. By storing this data, we can ensure that your training is continuously and effectively tailored to your individual needs.

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

In addition, we use this data to continuously improve and develop our service so that we can offer you an even better user experience.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

Your consent to the storage and use of this communication data is required in order to be able to use our service to its full extent. You have the right to withdraw this consent at any time. If you delete your user account or expressly ask us to do so, all stored communication data will be permanently deleted.

Legal basis: Art. 6 para. 1 lit. a GDPR (consent)

Security measures

We use suitable technical and organizational measures to ensure the security of your communication data and to protect it from unauthorized access, loss or disclosure. These measures are regularly reviewed and improved to ensure the best possible protection of your data.

Legal basis: Art. 32 GDPR (security of processing)

5. disclosure of your data

In certain circumstances, we may share your personal data:

- Vendors and service providers: to help us fulfill our business needs and perform certain services and functions, we may share personal data with vendors and service providers, including hosting service providers, customer service providers, cloud services, content delivery services, data warehouse services, support and security monitoring services, email communication software, web analytics services, payment and transaction service providers, and other information technology service providers. In accordance with our instructions, these parties will only access, process or store personal data in the course of performing their tasks for us.

Legal basis: Art. 28 GDPR (processor)

- Business transfers: If we are involved in strategic transactions, a restructuring, bankruptcy, insolvency or transfer of services to another provider (collectively referred to as a “transaction”), your personal data and other information may be disclosed as part of the review process with contractual partners and other persons involved in the transaction and transferred together with other assets to a successor or affiliated company as part of the transaction.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- Government Authorities or Other Third Parties: We may disclose your personal information, including information about your interaction with our Services, to governmental authorities, industry peers or other third parties in accordance with the law (i) if we are required to do so by law or have a good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there has been a violation of our terms, policies or the law; (iv) to detect or prevent fraud or other illegal activities; (v) to protect the safety and integrity of our products, employees or users or the public; or (vi) to protect against legal liability.

Legal basis: Art. 6 para. 1 lit. c GDPR (compliance with a legal obligation)

- Affiliated companies: We may share personal data with our affiliates, which are companies that control, are controlled by, or are under common control with Tico AI. Our affiliates may use the personal data we share in accordance with this Privacy Policy.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

6. duration of storage of your data

We will only retain your personal data for as long as we need it to provide you with our service or for other legitimate business purposes, such as resolving disputes, for security reasons or to comply with our legal obligations. How long we retain personal data depends on a number of factors, such as

- Our purpose for processing the data (e.g. whether we need to retain the data in order to provide our services);

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- Amount, type and sensitivity of the data;

- The potential risk of harm from unauthorized use or disclosure of the data

- Any legal requirements to which we are subject.

Legal basis: Art. 6 para. 1 lit. c GDPR (fulfillment of a legal obligation)

7 Your data protection rights

You have the right to

- to request information about your personal data stored by us (Art. 15 GDPR)

- to request the rectification of inaccurate personal data (Art. 16 GDPR)

- to request the erasure of your personal data (Art. 17 GDPR), provided that this does not conflict with any statutory retention obligations

- to request the restriction of the processing of your personal data (Art. 18 GDPR)

- to object to the processing of your personal data (Art. 21 GDPR)

- to request data portability (Art. 20 GDPR)

- to withdraw your consent at any time (Art. 7 para. 3 GDPR)

You can exercise some of these rights via our services. If you cannot exercise your rights via the Services, please submit your request via www.jannik.ai or send it to contact@jannik.ai.

We hope that we can address your questions or concerns. If you have unresolved complaints with us or our Data Protection Officer, you can contact the Austrian Data Protection Authority as our lead supervisory authority.

8 Legal bases for the processing

When we process your data for the purposes described above, we rely on the following legal bases:

- Provision and maintenance of our website and services:

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract)

- To improve and develop our services and new functions and to conduct research:

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

- To communicate with you, including to send you information or marketing material about our services and events:

Legal basis: Art. 6 para. 1 lit. b GDPR (performance of a contract) and Art. 6 para. 1 lit. a GDPR (consent)

- To prevent fraud, criminal activity or misuse of our services and to protect the security of our systems and services:

Legal basis: Art. 6 para. 1 lit. c GDPR (compliance with a legal obligation) and Art. 6 para. 1 lit. f GDPR (legitimate interest)

- To fulfill legal obligations and to protect the rights, privacy, safety or property of our users, us, our affiliates or third parties:

Legal basis: Art. 6 para. 1 lit. c GDPR (fulfillment of a legal obligation)

9. data transfers

We will transfer your Personal Data to recipients outside the EEA, Switzerland and the United Kingdom for the purposes described in this Privacy Notice. If you are located in the EEA, Switzerland or the UK and your Personal Data is transferred to a third country, that third country may not offer the same level of data protection as your home country. However, we will transfer Personal Data in accordance with applicable data protection laws. For the transfer of your Personal Data to countries outside the EEA, Switzerland or the United Kingdom, we rely on the adequacy decisions of the European Commission for certain countries and, for other jurisdictions, on the standard contractual clauses approved by the European Commission and any applicable country-specific addenda.

Legal basis: Art. 45, 46 and 49 GDPR (data transfer to third countries)

By using our Services, you understand and acknowledge that your Personal Data will be processed and stored at our facilities and on our servers and those of recipients in the United States and may be disclosed to our service providers and affiliates in other countries.

10. cookies

Cookies are generally used to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our website. For more information about the cookies we use and the purposes for which we use them, please see our Cookie Policy.

Legal basis: Art. 6 para. 1 lit. f GDPR (legitimate interest)

11. changes to our privacy policy

We reserve the right to change this Privacy Policy at any time. Any changes will be published on this page and, if appropriate, communicated by email.

12. contact us

If you have any questions or concerns about this Privacy Policy, please contact us using the contact form or in person. Contact details can be found on our contact page.

13 Austria Data Protection Authority

Head: Dr. Matthias Schmidl

Address: Barichgasse 40-42, 1030 Vienna

Telephone number: +43 1 52 152-0

E-mail address: dsb@dsb.gv.at

Website: Homepage - Data Protection Authority