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Privacy policy the Feel Welle e.U. ("Feel Welle") This is the privacy policy for Feel Welle e.U., FN 604655 z, with registered address Borschkegasse 12, 1090 Vienna, Austria ("Feel Welle", "us", "we" or "our"). It explains how we, as data controller, use the information we receive or collect about you (which may include personal data) through our website www.feelwelle. com and our "Feel Welle" app (collectively, the "Website"), which you may use to book services from mobile self-employed massage therapists, nail designers, and physical therapists (each individually, a "Therapist" or collectively, "Therapists") ("Treatments") and purchase related goods ("Products") (collectively, the "Services"), or as a Therapist, offer such Services or Products, and through other interactions you may have with us in the course of our various marketing and other activities, Collect, use and share. It also explains the rights you have as a user of our services to control how your information is used. Personal data is any information relating to a natural person that enables that person to be identified, either directly or indirectly. In this policy, we distinguish between users of the Services on whose behalf treatments are booked or products are purchased, whom we refer to as "Users," and users of the Services on whose behalf we provide the treatments, whom we refer to as "Therapists." Please read this Privacy Policy carefully before using the Website or the App. Other Applicable Terms. In addition to this Privacy Policy, your use of the Services is also governed by our Terms and Conditions, which are incorporated by reference into this Privacy Policy where applicable. 1. information we collect about you Our primary goals in collecting information are to provide our Services to our users and therapists, to best respond to our users' and therapists' requests for assistance or information, to improve our Services and their features and content, and to promote our Services both through our Website and App and through our events, newsletters, contests, and promotions where we have your permission to do so. Categories of information we collect from you: Related to users and therapists - Identity Data Information used to identify users, including first name, last name, title, date of birth, gender, login information, and user and therapist passwords - Contact information Postal address, email address, telephone number and cell phone number - Financial data Therapists' bank accounts to pay them for services and payment card details to manage payment for treatments by users on behalf of therapists and purchase of products on behalf of retailers. Please note that we do not collect full card details, but work with third party providers (see below) to process payment. - Technical Data Internet Protocol (IP) address, login (password), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technologies on the devices the user uses to access your website or app. - Marketing and Communications Data User and therapist preferences regarding receipt of marketing from Feel Welle and affiliated third parties. - Operational Data Including interaction with the Services and transcripts of calls, messages from "live chats" with both Users and Therapists. - Location Data Data that allows the therapist to locate the user to provide treatment and the user to verify the therapist's arrival. - Aggregate Data Data that is collected, used, and shared, such as statistical or demographic data for any purpose. For example, it is used to analyze trends, track users' movements around the Site or App, and gather information about our user base as a whole. In the case of therapists, we may also collect data such as the number of bookings and appointment information. Refers to users only: - Transaction Data Details about the products and services users have purchased through the Site or App. Usage Data - Information about how users use the Services. This includes how you interact with the services, such as how long you engage with Feel Welle , how often a booking is made, and which parts of the Services you interact with and which features you use. - Profile Data Includes browsing history on the User Website, demographic information such as age, gender, education level, feedback and survey responses, and any information you have publicly shared on our bulletin boards or social media. - Work-related data We partner with companies to provide their employees with our services. If you are employed by one of these companies, you must sign up with us to use the Services. When you do so, we collect information from you directly and may also associate it with information provided by your employer, such as your job title. - Service Notice We may collect information about the provision of our services, such as instructions on how to enter a building. You provide this information voluntarily. We will forward this information to therapists so they can understand any special access requirements. - Treatment reports If you choose, you can turn on treatment reports. This feature will only be turned on with your consent and can be turned off at any time. Treatment reports allow therapists to record tips and suggestions for aftercare to help you get back to your best self. The reports may also include information about the treatment itself and your well-being. If you turn this feature on, therapists you book treatment with will be able to see this information. If you disable this feature, other therapists will not be able to see this information. Refers to therapists only: - Assessment data Information about therapist qualifications and certifications, professional exam results, contact log data, performance data, and assessment data. - Profile data Therapists' photo, biography, treatments offered and languages spoken, as well as average rating obtained from our evaluation using algorithms for ratings, reviews and feedback surveys, number of bookings and appointment information. Information we may collect from you through your use of the Services. We use this information to administer the Services and for internal operations, including troubleshooting, data analysis, testing research, and statistical surveys. We also use this information to measure the effectiveness of the presentation of content and delivery of our Services and the way we market and advertise. This information is also used to allow you to participate in the interactive features of our Services if you choose to do so. It is always your choice whether or not to provide information. However, if you choose not to provide certain information, you may not be able to use certain features of the Site or App or access certain Services. Information we receive from other sources or that is collected automatically Information may be collected by our affiliates and third party sources, including but not limited to our third party service providers (such as events, marketing services, and payment providers), publicly available data, other companies, and referrals. When you visit the Site, we may automatically collect additional information about you, such as the type of Internet browser or mobile device you are using, the website from which you came to the Site, and your IP address (the unique address that identifies your device on the Internet) and operating system, which are automatically recognized by our web server. This information does not identify you personally and is used only to help us provide an effective service on the Site and to gather broad demographic information. We may from time to time collect personal information from available sources, such as LinkedIn, or from a publicly available online registry where you enter your information, or from your company's website, in order to contact you with business opportunities that we believe you may need as part of our legitimate business interests. In our initial communication to you, we will indicate whether we have obtained your information that we use for these purposes from a third party source. 2. how we use your information We will use the personal information described above to: - (a) identify users and therapists when they log into their accounts - (b) enable us to process bookings of treatments by users on behalf of therapists and purchases of products on behalf of retailers, send booking confirmations for treatments or cancellation confirmations for bookings, and enable users and therapists to access other information or assistance offered through the Services that they request, including but not limited to customer service requests or dispute resolution assistance - (c) manage user and therapist accounts - (d) Evaluate and verify therapist qualifications and credentials and create and maintain therapist profiles - (e) manage and process receipt of payment on behalf of therapists for treatments booked by users and receipt of payment on behalf of retailers for products purchased by users - (f) analyze the use of the Services and visits to the Website/App to improve our content and services, including researching our users' demographics and tracking sales data - (g) unless you have objected, to send you information to users and therapists that we believe may be useful to you or that you have requested from us, including marketing communications such as emails about improvements to products or services, special offers or promotions, events, contests, new products or services - (h) unless you have objected, to send you information about improvements to existing products or services, special offers or promotions, events or contests, new products or services from carefully selected business partners. Feel Welle does not share any of its users' or therapists' personal information with business partners, but you may see our business partners' names, logos and other brand references in the emails we send you. We may review, scan or analyze your communications on the Feel Welle Platform between the User and the Service Provider for the purposes of fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analysis and customer support. In some cases, we may also scan, review or analyze messages to improve and enhance product offerings. We use automated methods to the extent possible. Occasionally, however, we may need to manually review some messages, for example, for fraud investigations and customer support or to evaluate and improve the functionality of these automated tools. We will not review, scan or analyze your messages to send you marketing messages from third parties, and we will not sell reviews or analyses of those messages. These activities are conducted based on Feel Welle's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting security, and improving and ensuring the adequate performance of our Services. 3. purposes and legal bases for which Feel Welle uses your data. Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a DSGVO serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing. Please contact us if you need more information at info@feelwelle.com. 4. how we may share your information - In order to provide the Services, we may share the information provided by users with therapists to assist them in providing the treatments booked by users. - In order to provide the Services, we may share the information that therapists provide to users to assist them in selecting a therapist with whom to book a massage treatment. - We may share the information you provide or otherwise collect through your use of the Services (including, if applicable, Personal Information) with carefully selected third parties, including affiliates, consultants and contractors who support our business and operations, including, among others, processing transactions, fulfilling requests for information or assistance, receiving and sending communications, analyzing data, providing other support services such as advertising, PR, event-related services, and other web-related services such as web hosting and web monitoring services, including analytics providers and search information providers. These third parties keep the information confidential and use it only to the extent necessary to provide the particular service(s) or as otherwise permitted or required by law. Some examples of key service providers we work with include Google (cloud storage, analytics and advertising services, Developer), Amazon Web Services (storage), Apple Developer, , and Meta (marketing services). - In some cases, we work with other carefully selected companies, Business Partners, and from time to time, with your consent, we may send you information about selected products or services from these Business Partners in our communications with you. We do not share your personal information directly with these third parties. - We may disclose aggregate statistics about visitors to the Site to describe our services to prospective partners, advertisers, sponsors and other reputable third parties, and for other lawful purposes. - In the event that we are restructured or sold to a third party, you agree that any personal information we hold about you may be transferred to the restructured company or third party. - We may disclose your personal information if we are legally entitled or required to do so (for example, if we are required to do so by law or court order, or if we believe that such action is necessary to prevent fraud or cybercrime, or to protect the Site or Service, or the rights, property, or personal safety of any person). - If you choose to connect the Services to Apple Health, information about your use of the Services may be recorded, such as what treatment you had and how often. You choose whether to share this information with Apple Health, and Apple Health will treat the information in accordance with its own privacy policy. Please review this and your Apple Health settings for more information. 5. Information you may collect as a user or therapist. If you are a Therapist, you are responsible for complying with applicable privacy laws regarding personal information you collect about Users in the course of providing the Services. Feel Welle assumes no responsibility for such processing of personal data. If you are a User, you are responsible for any misuse of personal data you collect in the course of using the Services. Feel Welle does not take any responsibility for this processing of personal data. 6 Cookies and similar technologies The Website also uses cookies or similar technologies to collect information about your access to the Website. Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone or similar) when you visit our website. In the cookie, information is stored that arises in each case in connection with the specific end device used. This does not mean, however, that we thereby gain direct knowledge of your identity. The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our websites. These are automatically deleted after you leave our site. In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again. On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These cookies enable us to automatically recognize that you have already been to our site when you visit it again. These cookies are automatically deleted after a defined period of time. The data processed by cookies, which are required for the proper functioning of the websites, are thus necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 para. 1 p. 1 lit. f DSGVO. For all other cookies, it applies that you have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 (1) lit. a DSGVO. 7. public forums The Website may from time to time provide chat rooms, message boards, news groups and/or other public forums for users and therapists. Any information disclosed in these areas becomes public information and you should exercise caution when using these areas and never disclose your personal information. 8. safety for children Protecting the safety of children using the Internet is very important to us. Our website and services are not intended for or directed to children, and we do not knowingly collect personal information from children. If you believe that your child has provided us with personal information without your consent, you may notify us at info@feelwelle.com. 9 External Links The Website may, from time to time, contain links to external websites. If you click on these links or enable these connections, third parties may collect or share information about you. We have no control over these third parties and are not responsible for the content of these websites or the privacy policies or practices of these third parties. You should carefully review the privacy policies of any third party website you visit. 10. payment processing All payment transactions made through the Services are processed through our third-party payment processor, Stripe, for payment services (e.g., card acceptance, merchant billing, and related services). You provide your credit or debit card information directly to this provider, which processes the payment details, encrypts your credit/debit card information, and authorizes the payment. Your payment information will be processed in accordance with that third party provider's privacy policy and terms: by paying for the Services, you agree to be bound by Stripe's Privacy Policy: https://stripe.com/us/privacy/ and you hereby consent and authorize us and Stripe to share all absolutely necessary information and payment instructions to complete your transactions. All information you provide to us or our third party payment providers must be accurate, current and complete. You are also responsible for paying all applicable taxes related to payments you make or receive. While you may cancel your service at any time, any fees paid for our services will not be refunded to the extent permitted by law. 11 Security - We place great importance on the security of all personal data associated with both users and therapists. We have taken appropriate technical and organizational measures to ensure the security of your data and to protect all personal data transmitted, stored or otherwise processed against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. In addition, we restrict access to this information to those employees, agents, contractors and other third parties who need to know it for business reasons. They will only process it at our direction and are bound to confidentiality. - The security of your personal information also depends on you. If you have a secure login and/or password to access certain parts of our website, you are responsible for keeping your login and/or password confidential. We ask that you do not share your login or password with any third party. We also ask that you use caution when sharing information in public areas of the Site, such as message boards. The information you share in public areas can be viewed by any user of the Site or Services. It is also advisable to close your browser when you have finished your user session to ensure that others cannot access your personal information. - Unfortunately, no electronic transmission of data over the Internet or storage of information can be guaranteed to be completely secure or error-free, and we therefore cannot ensure or warrant the security of any information you transmit to our Site or Service through the Site or Service, and any such transmission is at your own risk. 12. data storage and international transmission Information you submit through the Services is sent to and stored on secure servers both within and outside the European Economic Area ("EEA"), such as in the United States. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. For example, as noted above, we work with key service providers such as Google, Meta, Amazon Web Services, and Apple and, where necessary, enter into supplemental data processing agreements that reflect data transfer mechanisms to ensure adequate protection of personal data transferred outside the EEA. 13. unsubscribe If we have your consent or you have not objected, we may use your personal data to send you marketing and promotional communications about our products/services by email or to send you feedback surveys and evaluation requests about treatments. As noted above, when we work with carefully selected business partners, our email messages may also include information from our business partners. You may opt-out of further marketing communications at any time by clicking on the unsubscribe link included in each such communication or by notifying us via email at info@feelwelle.com. 14. how long we keep your information We must retain your information (including your personal information, if applicable) for as long as you are an active user of the Services in order to fulfill our contractual obligations to you, and for longer periods as required or permitted by law. We may need to retain certain personal data for varying periods of time even after a user account has been closed, depending on the category of personal data in question, such as to enforce our Terms, for fraud prevention, to establish, assert or settle legal claims, for proper record-keeping purposes and/or as required for our business or under applicable law. We may also retain certain personal information if you have opted out of receiving Feel Welle marketing communications to ensure that your wishes continue to be respected and that we do not continue to contact you. We may also retain aggregate information beyond this period for research purposes and to help us develop and improve the Services. You cannot be identified from the aggregate information retained or used for these purposes. 15. your rights You have the right in certain circumstances to: - You want to receive a copy of your personal data that we hold; - To request that we correct or delete your personal data that we hold about you; - To request that we stop processing your personal data in certain circumstances. - To object to the processing of personal data for the purpose of sending direct marketing emails; - You may request that we restrict the processing of your personal data while we review or investigate your request; - You may request that your data be shared with a third party; - You may withdraw your consent if your personal data has been processed on this basis. You have the right to withdraw this consent without detriment by emailing us at info@feelwelle.com or clicking on the unsubscribe link located at the bottom of our emails; If your inquiry or concern is not satisfactorily resolved, you may contact your local data protection authority (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). In Austria, this is the data protection authority (dsb@dsb.gv.at, www.dsb.gv.at). 16 Changes to this Privacy Policy We may change this privacy statement from time to time. If a change is material, we will notify you prior to its effective date either through the Site or by sending you a notice (as appropriate). Such material changes will only apply to personal information collected after the revised Privacy Policy becomes effective. 17 Contact Us Please direct any questions or concerns regarding our Privacy Policy or questions about the security of our Site or Services to: By email: info@feelwelle.com By mail: Feel Welle e.U. Borschkegasse 12 1090 Vienna Austria
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