Memoriter Privacy Policy

Last Updated: May 11, 2023

We are happy that you decided to use Memoriter. The collection of user data is crucial for the app to work, therefore the collection of personal data is unavoidable. We are interested in informing you about for you to feel save while visiting our website and app. In the following, it will be explained how and why we process personal and user data.

This privacy policy for Memoriter LLC ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services, such as when you:

Visit our website at https://memoriter.de or https://app.memoriter.de, or any website of ours that links to this privacy policy.
Engage with us in other related ways, including any sales, support, marketing, or events.

Questions or concerns? Reading this privacy policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our services.

1. Legal Bases We Rely On to Process Personal information

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

Consent. We may process your information if you have given us permission to use your personal information for a specific purpose. You can withdraw your consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the other things we may do with your personal information.
Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our services or at your request prior to entering into a contract with you.
Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms.
Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

2. Who is Responsible For Processing Your Personal Data?

Memoriter LLC, the company behind the project is responsible for processing your personal data:

Memoriter LLC
Business ID: 1372720
Rudolf-Breitscheid-Straße 160c
14482 Potsdam, Germany

If you have any questions or concerns about how we handle personal data, please contact us at [email protected].

3. Information We Collect

We collect personal information that you voluntarily provide to us when you register to the services, express an interest in obtaining information about us or our products and services, when you participate in activities on the services, or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the services, the choices you make, and the products and features you use. The personal information we collect may include the following:

Email addresses
Debit or credit card numbers
Your name
Personal or sensitive information you provide to our services (e.g. content entered to note pages or flashcards)
Your IP address
Date and time when you interact with our services
Browser and device characteristics

Account/Login Data. We may provide you with the option to register at our services. This can be done with a Memoriter account. For this type of account we need to process your email address. You might also ude existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we might collect the information described in a section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.

Payment Data. We may collect data necessary to process your payment if you make purchases or donations, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by a third party service, Stripe. You may find their privacy policy here: https://stripe.com/privacy.

User data. Some of our services allow you to store additional personal data voluntarily. This data might not be stored locally but on our servers and includes user data of your account as note pages or flashcards.

Contact data. If you interact with us directly, for example contacting us via email, we might collect personal data such as your email address or the date and time of these interactions.

Information automatically collect. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is needed to maintain the security and operation of our services.

Third party content embedded in the application. For some content embedded in our application we use third party content delivery networks (CDN) such as Cloudflare CDN (https://cdnjs.cloudflare.com). These types of content are hosted on third party servers and might collect analytics data.

4. How Personal Information Is Used

We process your personal information for a variety of reasons, depending on how you interact with our services, including:

To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
To provide the essential features of our services such as creating, saving and synchronizing user data like note pages or flashcards between devices.
To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the services.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our services.
To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual's vital interest, such as to prevent harm.

WE DO NOT SELL YOUR PERSONAL DATA. WE DO NOT SHARE YOUR PERSONAL DATA WITH THIRD PARTIES, UNLESS REQUIRED FOR THIRD PARTY TECHNOLOGIES TO PROVIDE THE CORE FEATURES OF MEMORITER OR FOR LEGAL OBLIGATIONS.

5. Cookies

We may use cookies and similar technologies to access or store information.

6. Storage Period

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. Your Privacy Rights

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information. If you would at any time like to review or change the information in your account or terminate your account, you can log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/. For further information, please see our Cookie Notice: http://memoriter.de/Cookies.

If you have questions or comments about your privacy rights, you may email us at [email protected].

9. Specific privacy Rights to California Residents

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with our saervices, you have the right to request removal of unwanted data that you publicly create. To request removal of such data, please contact us and include the email address associated with your account and a statement that you reside in California: [email protected]. We will make sure the data is not publicly displayed at the services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

How We Use and Share Your Personal Information

More information about our data collection and sharing practices can be found in this privacy notice and our Cookie Notice: http://memoriter.de/Cookies

You may contact us by email at [email protected], or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

Memoriter LLC has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Memoriter LLC will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights With Respect to Your Personal Data

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell your personal information to third parties;
the categories of personal information that we sold or disclosed for a business purpose;
the categories of personal information that we sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or sharing personal information; and
the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

We will not discriminate against you if you exercise your privacy rights.

We do not process consumer's sensitive personal information.

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

10. Changes to this Privacy Policy

We may update this privacy policy from time to time. The updated version will be indicated by an updated date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.