Data Privacy Declaration

The application "Kitchen Stories" (hereinafter "App") and the “Kitchen Stories” Web Services (hereinafter “Services”) is provided by AJNS New Media GmbH, Muskauer Str. 43, 10997 Berlin (hereinafter "We" or "Us"). Every time this App and/or Services are used, data about your mobile end device are automatically collected, processed, and used. Protection of your privacy when you use the App and/or Services is important to us. Therefore, we would like to inform you below which of your personal data will be collected when you use the App and/or Services and how these data are handled. You can view this Data Privacy Declaration at any time in the “Kitchen Stories Family” Section of the App or also on our website at kitchenstories.io/terms.

1.      Office responsible/Point of contact
2.      Type and scope of collected data
2.1    Automated data collection
2.2    Data released or entered by users
2.3    Advertising and usage profiles
2.4    Data disclosure
2.5    Social plug-ins – Facebook, Twitter, Pinterest and Instagram
2.6    Application improvements
3.      Protection of your data
4.      Deletion, information and revocation

1.  Office responsible/Point of contact

The office responsible for matters concerning data privacy law is:

AJNS New Media GmbH
Muskauer Str. 43
10997 Berlin

If you have questions or concerns about data privacy, you can also contact us by e-mail at hello@kitchenstories.de.

2.  Type and scope of collected data

2.1  Automated data collection

When you access the App and/or Services data are automatically sent to our server, for technical reasons. The following data are stored separately from other data that you send to us in these circumstances:

  • Data and time of App access,
  • Operating system used,
  • Volume of data sent,
  • Time of Application installation.

These data are saved for technical reasons only and will never be allocated to a specific person.

2.2  Data released or entered by users

Registration

You have to register in order to use all the benefits of the App and/or the Service. To do so, you have to set up a user account with us and use it to log in. For this purpose, you have to enter your name and e-mail address, as well as a password. These data are needed to set up a user account for you and to manage it, and also so that you can use the full version of the Application. First we generate a user name from your first and last name, which you can change yourself after registering inside your user account. Additionally, we need these and potentially other data also to be able to respond to your wishes, questions, and complaints as well as to send you after registration via email basic user account functions, our offers, and new content.

Facebook Connect

Alternatively you can log in using your Facebook account. The App will then be linked to your Facebook user account. If you log in using Facebook Connect, we receive information about the basic user data saved in your Facebook user account. These are data that are publicly visible in the social network www.facebook. We only use your e-mail address and user name information to set up a user account for you. In the next step, you can agree to release other data, such as your age, profile picture, profile picture gallery, and status updates, so that you can use all the options of our App. In the case of Facebook Connect, data could be transferred from the App to your Facebook profile as well. The transferred data are stored and processed by the App for registration on our service. If you register using Facebook Connect, you agree to the transfer of the basic user data in your Facebook profile to us and, vice versa, the transfer of data for use from the App to Facebook.

Optional data

In addition, the App gives you the option to personalize your profile. You can enter information such as, for example, your place of residence, age, sex. In addition, you can upload a photo of yourself to your profile page. This information is optional and not needed to register for the App. You can decide which of these data can be seen by all users by adjusted the settings in your user account accordingly. Therefore, you should choose carefully what you enter in your profile and what you make visible to other users.

Interactive areas

The App has interactive areas where you can set up or save favorite content, messages, comments, pictures, videos, materials, or other elements in the App ("Interactive Areas"). If you use an interactive areas you have to be aware that these areas are accessible by your contacts and all personal information you set up there or provide when you register can be seen by others. We cannot control how other users of the App use this information. The content provided in the interactive areas could be saved for an unlimited time.

If you would like to remove this content at any time, send us an e-mail to hello@kitchenstories.de.

Rights of access to functions and data on the mobile device

In order for you to be able to use all the functions of the App, the Services, and the community you may have to grant the App the rights of access to the functions and data of your mobile device. In detail, access to the following may be needed:

  • Access to the camera and the gallery to upload profile pictures and pictures of dishes.
  • Access to the address book to identify and display contacts who also use the App.

Even if your device does not give you the option of actively setting or rejecting these rights, you can prevent the access to some data by not using the corresponding functions of the App. We will use the granted rights exclusively for the purposes specified above, even if a granted right (e.g. for technical reasons) theoretically opens up other possibilities of use. You can revoke a granted right at any time in the settings of your device (but this depends on your device and operating system, which we have no control over).

Naturally, it is up to you to decide which data you would like to provide to us. In addition, we are bound by the principles of data minimization. If you do not provide certain information to us, this may result in that you are unable to use the full App and Services.

2.3  Advertising and usage profiles

If you would like, we will use your personal data to provide offers and information to you tailored to your needs and will inform you, for example, about improved services and other events.

When you visit this App and/or this Service, we create usage profiles under pseudonyms for the purposes of advertising, market research, or appropriate design of the Application. Only the usage data is used. We may pass on the pseudonymized usage data to third parties for statistical purposes. These third parties cannot attribute it to you. This concerns especially information about the start and end and scope of usage of our App and Services, and registration data.

You can object to the use of your data for such purposes effective in the future at any time. Just submit a free-form notification to:

AJNS New Media GmbH
Muskauer Str. 43
10997 Berlin

E-mail: hello@kitchenstories.de

2.4  Data disclosure

To provide all the functions of this Application to you, we sometimes rely on services of contracted third parties and external services providers.

On occasion, your data are also disclosed to external service providers, for example, for sending out promotional campaigns (only if you explicitly agreed to this in advance) or to the customer service. In these cases, information is passed on to these companies or people to enable further processing by them. These external service providers are chosen by us carefully and regularly checked to ensure that your privacy remains protected. The service providers may only use the data for the purposes we specify. The service providers are contractually obliged to handle your data exclusively in accordance with this Data Privacy Declaration and the German Data Privacy Laws.

In other cases, your personal data are passed on without your express prior permission only in one of the following situations:

  • If this is necessary for clarification of illegal use or legal prosecution, personal data are forwarded to law enforcement authorities and potentially to the harmed third parties. However, this occurs only if there are specific indications of illegal or abusive conduct. The data may also be passed on if this is needed for the implementation of the Terms of Use or other agreements. In addition, we are legally bound to provide information at the request of specific authorities. These are law enforcement authorities, pursuing administrative offenses subject to fines, and financial authorities.

  • In the scope of the further development of our business, the structure of AJNS New Media GmbH may change in that the legal form changes, subsidiaries, branches, or business units are formed, bought or sold. In case of these transactions, the customer information will be passed on together with the transferred part of the company. In any event of the transfer of personal data to third parties in the above-mentioned scope, we will ensure that this will be performed in compliance with this Data Privacy Declaration and the relevant data privacy laws.

2.5  Social plug-ins – Facebook, Twitter, Pinterest and Instagram

Our App and Services use plug-ins, among the other social networks: Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA; Twitter, Twitter Inc., 795 Folsom St., Suite 600, San Francisco CA 94107, USA; Pinterest, Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA; and Instagram, Instagram, LLC, 1601 Willow Rd. Menlo Park, CA 94025, United States. You can see the plug-ins by the corresponding network logo, e.g., with an icon of a clenched fist with lifted thumbs pointing up or the words "Recommend", "Like", "Comment", "I like", or "Pin it". Just by opening our App, no direct connection with the social network servers can be established and no data can be forwarded. The corresponding button becomes active only once you select it and click on the information shown after that, stating that the button will be activated only once you click on it. Then you can recommend by clicking a second time or share the selected information in that social network. Once you click on the button, all of this data are sent to the social network. This may include:

  • date and time of website visit

  • URL of the website that the visitor is on

  • URL of the website that the visitor was on before

  • browser used

  • operating system used

  • user's IP address

If while visiting our website you are logged in to Facebook, Twitter, Instagram or Pinterest at the same time, it is possible that the provider allocates your visit to your network account. If you use the plug-in function (e.g. click on "I like" buttons, comment), this information will also be sent by the App directly to the social network and saved there. The purpose and scope of data collection and further processing and use of data by the networks are found in the Data Privacy Notices of Facebook, Twitter, Pinterest and Instagram.

2.6  Application improvements

This App uses Google Mobile App Analytics and Flurry Analytics.

Google Analytics

Google Mobile App Analytics is an analysis service of Google Inc. ("Google"). The App collects, saves, and transfers data saved on your mobile end device and sent to Google to enable an analysis of how you use this App. The information generated in this process about how you use this App is usually sent to a Google server in the USA and saved there.

If IP anonymization is activated, your IP address will be abbreviated by Google before, if it is in one of the European Union member states or other European Economic Community member states. The complete IP address is sent to a Google server in the USA and abbreviated there only in exceptional situations. IP anonymization is active for this Application. At our request, Google will use this information to evaluate how you use this application in order to put together reports about the Application's behavior and your integration in the App and to provide other associated services to the operator of this App.

The IP address sent from your device in the scope of the Google Mobile App Analytics is not combined with other data by Google.

To guarantee anonymized collection of IP addresses anonymization of IP address in this App is activated by using the "setAnonymizeIp" method.

You can object to the processing of your data by Google Mobile App Analytics by sending a free-form message to hello@kitchenstories.de.

Flurry Analytics

Flurry Analytics is an analysis service of Flurry Inc. Flurry Analytics collects technical information such as device type (e.g., iPhone 6), the operating system used (e.g., iOS 8.4), provider name (e.g., Vodafone), and events that occur in the App, such as the number of times the App is used and the usage duration. Moreover, Flurry Analytics shortens device identification, MAC addresses, and IMEI, and saves them in shortened form.

Flurry Analytics enables us to analyze usage of the App by the users. The information generated by Flurry Analytics is usually sent to a server of Flurry Inc. and saved there.

You can deactivate Flurry if you do not want this analysis. To do so, you have to object to Flurry by following the instructions from Flurry found at http://www.flurry.com/user-opt-out.html. For more information about data processing by Flurry Analytics go to: http://www.flurry.com/privacy-policy.html.

3.  Protection of your data

To protect your personal data from unauthorized access and abuse we have implemented technical and organizational security measures. We check these security measures regularly and adapt them, as necessary, to the state of technological progress.

4.  Deletion, information, and revocation

If your personal data are no longer needed for the above-mentioned purposes, they are deleted.

Please note that deinstallation of the App from your device does not automatically lead to the deletion of your data from our server. However, you can request the deletion of your data at any time by contacting:

AJNS New Media GmbH
Muskauer Str. 43
10997 Berlin

E-mail: hello@kitchenstories.de

In accordance with legal provisions, we provide information promptly and free of charge about your personal data stored by us. Please use the above-mentioned address for contact.

Version: March 2017

 

Terms of Use for Kitchen Stories

These Terms of Use are a binding contract between AJNS New Media GmbH, Muskauer Str. 43, 10997 Berlin ("AJNS") and you ("You"; "User"). For more information about AJNS see the disclaimer on our website www.kitchenstories.de.

You can use the "Kitchen Stories" App (the "App") and/or the “Kitchen Stories” Web services (the “Services”) only in accordance with these Terms of Use. These Terms of Use replace all previous contracts between the parties concerning the App and/or the Services. In addition to the Terms of Use, the Terms and Conditions for the distribution platform used to download the App (e.g., the Apple App Store, Google Play, etc.) apply. In case of contradictions, the provisions of these Terms of Use have prevalence.

1.  Subject of agreement

1.1   The App and the Services offer community functions and access to content (especially video) of AJNS and other users on the subject of cooking. The precise system requirements and the full scope of functions of the App are found in the product description on the distribution platform used to download the App (hereinafter the "App Store"). The Services allow the entry and retrieval of content via a website.
1.2   The App is provided free of charge in the object code. Use of the community functions is also free of charge. The source code of the App is not the subject of this agreement.
1.3   AJNS reserves the right to provide extended functions beyond those specified in the in-App purchasing option of the corresponding App Store and additional services. In addition to these Terms of Use, other special terms and conditions may apply, which will be communicated before the in-App purchase accordingly. The price and scope of functions of the corresponding in-App purchases is shown always in the offer shown in the App.
1.4   AJNS can provide updates for this App free of charge in the respective App Store, which change the scope of functions of the App. The exact system requirements and the complete scope of functions of such updates and the updated version of the App can be found in the product and update description in the corresponding App Store.
1.5   These Terms of Use apply correspondingly to all in-App purchases and updates and to the latest updated version of the App acquired in the process of in-App purchase and/or update.
1.6   In order for you to be able to use the community functions of the App and/or the Services (e.g., create profiles, access content of other users), you have to register free of charge after downloading the App. You can also use the App and/or the Services without registering. The community functions are not available to you in this case. Important: AJNS does not appropriate the user's content!

2.  Contract conclusion; optional registration

2.1   The contract for use of the App and the Services including the granting of the rights of use to the App comes into existence once the user clicks on the "install" button (may be called differently depending on the App Store) on the product description page in the corresponding App Store and enters his/her password for that App Store; the T&C of the corresponding App Store apply to further details, if pertinent.
2.2   The contract about the use of the community functions of the App and the Services come into existence as follows: By sending a fully completed registration form from the App or through the Kitchen Stories website, you are concluding a contract. AJNS will confirm the receipt of the registration form. AJNS can accept the offer by switching on the community functions in the App and in the Services. However, there is not claim to contract conclusion.
2.3   After registration, we explain to you via email the most important basic functions of the community, and point out new features or content. You can also disable this help and news feature email at any time from your user account or by selecting the unsubscribe link in each email, which will disable any future notification. This can be reactivated again if necessary.

3.  Rights and duties of the user

3.1   The data required for registration must be provided truthfully and updated immediately if it changes to ensure smooth use. If alternative methods with access to existing user profiles (e.g., registration via Facebook) are offered for registration, this obligation applies accordingly to the data stored in those user profiles.
3.2   You are responsible for protecting your registration and access data (e.g., user name, password) and you should not disclose them or tolerate or enable unauthorized or third parties to find them out. You are obliged to take the required measures to guarantee confidentiality and immediately report abuse or loss of such information or suspicions thereof to AJNS by e-mail to hello@kitchenstories.de.
3.3   As part of the community functions you have the option to set up your own content in your profile (e.g., personal information, profile picture) and the database of Kitchen Stories content (e.g., personal recipes and videos). Please keep in mind that all registered users can view your profile. With respect to your own recipes you can decide yourself whether this content is visible to all the registered users of the App/Services or only to you.
3.4   You are not allowed to add content that violates applicable laws or copyrights or personality rights of third parties or that could significantly disrupt the open and friendly environment in the community. In particular, you are not allowed to add any content that is abusive, defamatory, obscene, sexist, pornographic, political or extremist religious, violent, harmful to minors or otherwise illegal or unsuitable for an unrestricted circle of users. In addition, you may only add content that you have either created yourself or received permission to use from the author or any other disclosed people. You may not take content from other platforms or other sources without request and add it to the community under any circumstances.
3.5   Due to the large scope of user-generated content AJNS is not able to check all content before approving it, but it reserves the right to block, change, or delete content in reaction to complaints or upon obtaining knowledge in another way, if such content violates the principles mentioned in Section 3.4 or is not suitable for the subject of the community.

4.  Rights and duties of the AJNS

4.1   AJNS provides the App for download through the App Stores.
4.2   AJNS provides the community functions for the App and the Services with the average availability rate of 97% a year. The availability calculation does not include the planned maintenance times within reasonable scope. AJNS will make an effort, within an economically viable scope, to inform about the planned maintenance times in a suitable location on the community platform ahead of time and to perform such maintenance work outside of the community peak times.
4.3   Clarification: AJNS can change the content available through the App and/or the Services at its own discretion at any time. In particular, the content set up in the community could be changed or deleted by the authors. There is no entitlement to first-time or continued access to specific content.

5.  Rights granted to the user

5.1   AJNS grants the user a world-wide, non-exclusive (simple), non-transferable, non-sublicensable right to use the App, the Services, and the content of the community including any documents and user manuals found in the App for private purposes and save and display within the scope necessary for use in accordance with regulations and contract, and share exclusively by using the App functions intended for this purpose with other users in the community or through other supported social networks. This right is permanent for the App and AJNS's own content and time-limited for the community for the period of the contract for the use of community functions. The user may download and use the App exclusively on devices that are linked to the App Store ID used for the installation. All rights that are not expressly granted, especially the right to process, disseminate and/or otherwise exploit the App and the community content remain reserved.
5.2   The user may not decompile the App or otherwise reverse engineer it or try to find out the source code. An exception to this are actions that are necessary to obtain interface information required to ensure interoperability of the App with third-party software; this requires that the user has previously made unsuccessful attempts to find out such information from AJNS in exchange for an appropriate compensation of expenditures. Interface information obtained in this manner may only be used for establishing interoperability, and may not be published, and may only be provided to third parties in the scope necessary for establishing such interoperability.

6.  Rights granted to AJNS; exemption

6.1   The user grants to AJNS the gratuitous, worldwide, non-exclusive, transferable, sublicensable right, limited to the duration of the contract, to save all community content added by users (including permitted derivative works such as translations) for the purposes of the contract for the use of the App, the Services, and the community functions, in particular including the display content with other users of the Community, and to duplicate, make publicly accessible, translate into other languages, and edit technically to the necessary extent, especially due to compatibility and optimization of the need for storage space and transfer capacities (in particular to compress and slightly reduce, even if the effects are visible; but the content cannot be distorted), and use in other ways as needed for the purposes of the contract. Important: AJNS does not appropriate the user's content.
6.2   You commit to exempt AJNS from all damages, claims, costs (including customary legal fees) and expenditures that AJNS incurs as a result of in-court or out-of-court legal actions taken by third parties or authorities against AJNS due to or in connection with a breach of Section 3.4 of these Terms of Use in the community content added by you. This does not apply if you are not the one responsible for the breach.

7.  Guarantee/Liability

7.1   The App is provided free of charge and other services (specifically the Services) are also provided free of charge. AJNS does not assume any guarantees and is liable in accordance with the legal provisions only for intent and gross negligence; AJNS is only liable for App defects if AJNS maliciously concealed the defect.
7.2   If parts of the App and/or specific services of AJNS are not free of charge through in-App purchases, AJNS is liable exclusively in accordance with the special terms for in-App purchases.
7.3   The user must regularly back-up his/her data. If AJNS is liable for data loss in accordance with this section, such liability is limited to the restoration costs, which would have been incurred in case of regular and risk-adequate preparation of back-up copies.
7.4   AJNS is not liable for damages resulting from a change of the App by the user or a software and hardware environment that differs from system requirements.

8.  Duration and cancellation; consequences of cancellation

8.1   Clarification: The App itself is made available for permanent use; the corresponding right of use cannot be canceled.
8.2   The contract for the use of the underlying community functions and the Services is concluded for an undetermined period of time and may be canceled regularly by either party at any time with a notice period of 7 days, unless otherwise specified in this section 8.
8.3   In deviation from Section 8.2 the special conditions for any time-limited premium functions acquired through in-App purchases may specify other periods for regular cancellation of the contract for the use of the underlying community functions; unless special regulations are contained therein, the cancellation will become valid only once the contract period of the time-limited premium function ends.
8.4   The legal right of both parties to an immediate extraordinary cancellation for an important reason remains reserved. An important reason for AJNS, in particular, is when the user breaches one of its obligations from Section 3 and, if the breach can be rectified, does not do so within 14 days after being prompted by AJNS to do so. In particular in case of breaches against Section 3.4 a notice period is superfluous.
8.5   After the cancellation of the use of community functions goes into effect, AJNS will no longer show the community content of the user and delete it after four weeks. Within this period, AJNS will provide the content to the user for download or in another reasonable manner on request.

9.  Final provisions

9.1   Choice of law
These Terms of Use are subject exclusively to the laws of Germany, excluding the CISG.
9.2   Language; contract text
The contract is concluded in German and English. AJNS does not save the contract text. The Terms and Conditions can be viewed at any time on our website at kitchenstories.io/terms
9.3   Place of jurisdiction
The place of jurisdiction and performance is Berlin for (i) users who are not consumers, (ii) users who have no residence in Germany upon contract conclusion or move to another country after contract conclusion, and (iii) users whose regular place of residence is unknown at the moment when a lawsuit is filed. Otherwise, the place of jurisdiction for consumers is based on the general rules.
9.4   Salvatory clause
If a provision of this contract is or becomes invalid, the validity of the rest of this contract will not be affected. The parties agree, within reason and in good faith, to replace the invalid provision by a permissible regulation that is equivalent in terms of economic outcome, as long as this does not result in any substantial changes of the contractual content.
9.5   Changes to the Terms and Conditions
AJNS may change and adapt these Terms during the validity period of the contract for the use of community functions effective for the future, if this is necessitated by changes in the legal and economic general conditions, especially changes in the law and court practices. AJNS will send the amended Terms to the user at least six weeks before the planned entry into effect per e-mail and point out especially the new provision. At the same time, AJNS will set a reasonable period of at least six weeks for the user to declare the acceptance of the amended Terms of Use for the further use of services. If no declaration of acceptance is made within this period, since the receipt of the information, the amended Terms will be considered accepted. AJNS will inform the customers once the period begins in particular of the legal consequence, i.e., the right to object, the deadline for objection, and the significance of remaining silent. This change mechanism does not apply to changes of the parties' main contractual duties.

Version: March 2017