PRIVACY POLICY
As the Ellr community continues to grow, we are making changes to provide the best
possible experience for our users. The security of your data is very important for us. To
support our innovative product and to enhance transparency, we have prepared a privacy
statement. Please take the time to read it below. With the use of the Ellr website ellr.bike and
our app you consent to our privacy statement
If you have any questions or comments, please contact our support team.
Thank you for being a part of the Ellr community.
1. IN GENERAL
1.1 Ellr Products. The concept of Traxx GmbH’s Ellr app and the device (together the “Ellr
Products”) is based in part on the publication of details regarding individual users by making
such details accessible to other users via the Ellr Products and social networks, e.g.
Facebook.
1.2 Compliance with Data Protection Laws. The collection, administration and use of
personal details by Ellr complies with applicable data protection laws by ensuring that,
amongst others and subject to 3.1, each user is able to decide herself, which personal
details shall be made accessible to other users.
2. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY ELLR
2.1 Personally Identifiable Information. Ellr collects information from users upon registration
(the “Registration” and an user then a “Registered User”) and in connection with the use of
any of the Ellr Products. Personally identifiable information shall be saved and used in
particular in order to organize help for the user, offer new applications to the user, to improve
such applications and conform them to the users' needs.
2.2 Data Collection. Upon Registration, certain user data is collected in several ways (the
“Registration Information”)
2.2.1 Mandatory Information. Certain information has to be given by a user in order to
register for Ellr Products, such as:
· Phone number
· Motorcycle type
2.2.2 Optional Information. Certain information is optional during registration and can also be
added or deleted later on by the user, such as:
· Surname & name
· Motorcycle model and year
· Photos of the motorcycle
2.3 Additional User Data. After registration different types of data are collected by Ellr (the
“Additional User Data” and, together with the registration information, the “User Information”),
such as:
· Routes (time, length and location)
· Social elements (Ellr Guardian Angel)
3. USE AND SHARING OF PERSONALLY IDENTIFIABLE AND NON-PERSONALLY
IDENTIFIABLE INFORMATION WITH THIRD PARTIES
3.1 Confidentiality and Security. Ellr deems all user information confidential and does not
disclose such information without the express informed consent of the user. Ellr has
implemented reasonable security policies and procedures designed to protect user
information.
3.2 Registration. With registration, the user explicitly agrees that Ellr shall have the right to
use all collected personally identifiable information, for purposes of the Ellr Products and
generally agrees with this Privacy Policy.
3.3 Sharing of Information. Ellr does not pass on personally identifiable information (see
Section 2, above) to third parties, except as response to lawful requests from federal, state,
local, or foreign law and civil enforcement agencies, as required by law, or with the explicit
consent of the user, especially as set forth herein. Ellr implements all reasonable measures
to prevent the unauthorized access by third parties to saved details.
3.3.1 Ellr transfers information of Registered Users to (i) other services, such as insurances
or telecommunication providers, after Registered Users explicitly consent to the transfer; and
(ii) vendors, service providers, and other partners such as Google Analytics, Amazon Web
Services (AWS), who help Ellr to provide and improve its services, such as providing
technical infrastructure services or analyzing how the services perform or how they are used.
3.3.2 Sensitive Data. Neither Sensitive Data nor information gained through the use of the
Ellr framework, such as route data, will ever be shared with or sold to advertisers or similar
agencies. Ellr does not use information gained through the Ellr framework for advertising or
similar services. If a Registered User consents, Ellr may share such Registered User’s data
obtained through the Ellr framework with a third party for enhancement of the Ellr products. If
Registered Users expressly consent, Ellr may use the Ellr framework for the sole purpose of
logging and displaying a Registered User’s location of his motorcycle. Ellr and Ellr’s analytics
service providers, following Ellr’s instructions, may analyze engagement data for research
purposes designed to provide a personalized experience and motivate engagement in
security at riding a bike. You can always stop Ellr from accessing your data by changing the
settings in your Ellr App.
3.4 Advertising. The user explicitly consents to the storage and use of non-personally
identifiable information for purposes of newsletter marketing or on ellr.bike by Ellr or its
partners.
3.5 Transmission and/or use of data within the Ellr group. Ellr receives information from, and
shares information with, its affiliates, agents, and business partners in the Ellr group, e.g.
KESSTECH GmbH that performs operational support for Traxx GmbH. The User Information
shared with this group is aggregated data compiled from the information that it collects from
Registered Users. We may use the information we receive from the group, and they may use
the information we share with them, to help operate, provide, improve, understand,
customize, support, and market our services and their offerings.
3.6 This website uses Hotjar, a web analysis service of Hotjar Ltd, Level 2, St Julians
Business Centre, 3 Elia Zammit Street, St Julians STJ 1000, Malta. The information
generated by Hotjar's cookies about your use of the website is usually transferred to a Hotjar
server and stored there. Hotjar will use this information to evaluate your use of the website
and to compile reports on website activity.
The following in particular are stored:
IP address in anonymized form;
viewed websites and patterns of movement on these pages;
Number and position of clicks on links;
Browser type and version;
Screen size of the terminal device used.
Personal data or movements on profile pages containing personal data are not stored.
According to Hotjar, IP addresses in particular are only stored in anonymous form. Further
information on data protection and Hotjar can be found in Hotjar's data protection
declaration:
https://www.hotjar.com/privacy.
In addition, Hotjar offers the possibility to object to the processing of data by the cookie for
the future by observing the "Do Not Track" function of browsers. You can find out how to
activate them here:
https://www.hotjar.com/opt-out.
If you do not want information about your behaviour to be used by Hotjar as explained
above, you can generally disable the automatic setting of cookies required for this in your
browser settings.
4. PAYMENTS
4.1 We process the payment information for the purpose of payment processing, e.g. if the
user purchases or uses a product and/or service via ellr.bike. Depending on the payment
method, we forward the payment information to third parties (e.g. for credit card payments to
the respective credit card provider).
The legal basis for this data processing is Article 6 paragraph 1 letter a), Article 6 paragraph
1 letter b), DSGVO and Article 6 paragraph 1 letter f) DSGVO.
4.2 PayPal
When paying via PayPal, the payment data will be forwarded to PayPal (Europe) S.à r.l. et
Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). PayPal
reserves the right to carry out credit checks for the payment methods credit card via PayPal,
direct debit via PayPal or - if offered - "purchase on account" via PayPal. PayPal uses the
result of the credit assessment in relation to the statistical probability of non-payment for the
purpose of deciding on the provision of the respective payment method. The credit report
can contain probability values (so-called score values). If score values are included in the
result of the credit report, they are based on a scientifically recognised
mathematical-statistical procedure. Address data is included in the calculation of the score
values. Further information regarding data protection, including the credit agencies used,
can be found in PayPal's privacy policy::
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
4.3 Further payment and subscription information
We use payment providers (e.g. Apple, Google, Adyen) to process payments. Although we
do not store any credit card information ourselves, we register a payment ID, which is
assigned by the respective provider and can be assigned to a person, as well as the price,
currency, VAT (based on country information) and the payment provider.
5. PLUGINS AND WIDGETS FOR SOCIAL MEDIA
5.1 In the Ellr Products can be included social media plugins, such as (i) Facebook, 1601
South California Avenue, Palo Alto, CA 94304, USA; (ii) Google +, 1600 Amphitheatre
Parkway, Mountain View, CA 94043; (iii) Twitter, 1355 Market Street, Suite 900, San
Francisco, CA 94103, USA; (iv) WhatsApp, WhatsApp Inc., 650 Castro Street, Suite
120-219, Mountain View, CA 94041, USA.
5.2 Such plugins can recognize a user’s IP address and the page visited on the ellr.bike
platform and, possibly, store cookies, so that the services offered by Ellr work properly.
Social media plugins and widgets are hosted either by third party providers or directly by us.
Your interactions with these plugins are subject to this privacy policy or the privacy policy of
any third party that offers such feature. Ellr is not responsible for the use of, or guidelines
regarding the use of, personal data by third party providers.
5.3 Users may recognize the respective plugins, e.g., by the respective logo or other
respective characteristic typical for the respective social media-platform on our pages.
5.4 If a user interacts with the plugins, e.g. by clicking on the Facebook "Like-Button" or
entering a comment, while being logged in to such user's Social Media-account on
Facebook, a user links the contents of the Ellr pages to his or her respective social
media-profile. Thereby, Facebook can associate a user's visit of the Ellr page or use of Ellr
Products with such user's social media-account. Ellr as the provider of the Ellr Products does
not have any knowledge of the content of the transmitted data or its usage by Facebook.
Users can also share finished activites via Whatsapp. Users can find more information on
the issue of data transmission in the privacy policy of the respective social media-platform:
· Facebook: http://www.facebook.com/about/privacy/
· Whatsapp: https://www.whatsapp.com/legal/?I=en#privacy-policy
5.5 If users do not want to have the respective social media-platform associate their visits on
our site with their social media-account, users must log out from their social media-account.
6. COOKIES
6.1 General. Several areas of the Ellr website use 'cookies' ─ small text files that are placed
on the user's computer and stored by the browser. They are used by Ellr to provide a more
user-friendly, effective and secure service. Cookies also enable Ellr to identify a user's
browser and offer services to such user. Cookies do not contain any personally identifiable
information.
6.2 Installation. You can prevent the installation of cookies by entering the corresponding
settings in your browser software. However, please note that in this case you may not be
able to use the complete range of functions of the ellr.bike platform to its full extent.
7. GOOGLE ANALYTICS AND APP ANALYTICS
7.1 The Ellr Products use Google Analytics, a web analysis service by Google Inc.
("Google"). Google Analytics uses 'cookies' (see Section 6, above). The information about
your visit collected by the cookies, including your IP address, is usually transferred to a
Google server in the USA and saved there. To the extent that the Ellr Products have
activated IP anonymization, Google first abbreviates your IP address within member states
of the European Union or in other signatory states of the Agreement on the European
Economic Area. Only in exceptional cases, will the full IP address be transferred to a Google
server in the USA or Asia and abbreviated there. Google will use the information collected
on behalf of the website operator to evaluate your use of the Ellr Products, to compile
reports about your activities within the Ellr Products, and to provide further services to Ellr
related to use of the Ellr Products and internet use. Google will under no circumstances
associate the IP address transmitted by your browser within the operations of Google
Analytics with other Google data.
7.2 You can prevent the data related to your use of the Ellr platform, including your IP
address, generated by the cookies from being recorded by Google and Google's processing
of this data by downloading and installing the browser plugin from the following
link:https://tools.google.com/dlpage/gaoptout?hl=en.
7.3 Furthermore, you can prevent the future data capture by setting an opt out-cookie via the
following link: Deactivate Google Analytics Further information regarding terms of use and
privacy provisions may be found on the websites
http://www.google.com/analytics/terms/us.html and https://www.google.de/intl/en/policies/.
The Ellr Products expanded the Google Analytics-Service with the “anonymizeIP”-code to
anonymize the user’s IP address.
7.4 The Ellr Products use Google DoubleClick for Publishers (“DFP”). DFP uses cookies to
provide the user with user-relevant advertisements – further information may be found at
https://support.google.com/dfp_premium/answer/2839090?hl=en. The user may disable the
DFP’s cookie placement and the placement of user-relevant advertisements for use of the
Ellr platform via the website: http://www.google.com/ads/preferences.
8. CHANGES TO PRIVACY POLICY
8.1. Changes to this Privacy Policy require the consent of the respective user, to whom the
changed Privacy Policy shall apply. If Ellr intends to implement such changes, it will give the
user as much prior notice of such changes as possible. Such notice shall be made on the
relevant pages of the ellr.bike platform or on any other device through which the user
accesses the Ellr Products. Any such modifications will take effect within thirty days of
publication. This policy was last modified on 27/07/2018.
9. DELETION OF USER INFORMATION
9.1 In case of a termination of the Registered User’s account
9.1.1 All personal details provided by the user upon registration shall be deactivated. Any
details made public by the user, e.g., routes, photos, will be (i) anonymized, i.e., it will be
made clear that such details were provided by a deleted user, or (ii) deleted, in the event of
cancellation, within thirty days; and
9.1.2 Upon the Registered User’s request, all User Information not required for Ellr’s
performance of contractual obligations or compliance with statutory retention obligations,
shall be irrevocably deleted. The user shall request such deletion by email sent to
admin@ellr.bike, which shall include the email address provided to Ellr upon registration. Ellr
will comply with such requests within ten days and maintain a record of the deletion for one
year after the deletion.
10. YOUR CONSENT
10.1 By using our site as a non-registered user, you consent to our privacy policy only for
those areas not subject to registration. Please also visit our Terms and Conditions section
establishing the use, disclaimers, and limitations of liability governing the use of our website
and apps http//www.ellr.bike/agb.
Last updated: 27/07/2018