Privacy policy on the use of the services
1. General
1.1. soulchat.co GmbH, c/o Hans Raffauf, Bethaniendamm 19, 10997 Berlin (hereinafter referred to as "Soulchat") processes personal data on the basis of this declaration in accordance with the principles described below in the context of providing its service to the customer.
1.2. In addition, the terms of use under https://soulchat.co/resources/terms-of-service regulate the rights and obligations of the user of the services of Soulchat and of Soulchat itself, in connection with the relevant data protection laws, in particular in the context of the processing of health data of the user.
1.3. As part of the service of Soulchat, Soulchat enables the User to communicate with a consultant provided by Soulchat via a digital communication platform. In doing so, Soulchat provides assistance and support services to address personal crises, problems and comparable psychological issues of the User. This may also include information about the health of the users.
1.4. In the event of contradictions in the provisions of the data protection declaration in German and those in English, the provisions of the data protection declaration in German shall take precedence. You can find the German version of this text at https://soulchat.co/de/resources/datenschutzerklaerung-zur-nutzung-der-dienste.
2. Principles of personal data processing
2.1. The Soulchat service is accessible via the digital communication platforms WhatsApp and Microsoft Teams. Via these platforms, the respective users can get in touch with Soulchat's consultants. Soulchat provides help and support services via its consultants to overcome personal crises, problems and comparable psychological issues of the users. Soulchat collects and processes in the context of the service provision the personal data transmitted by the user, in particular in relation to his state of mind and health or his circumstances.
2.2. Soulchat processes personal data of the User after contacting Soulchat through the described channels. Upon contacting the User, the User will receive a message with which the User will in particular be provided with the Privacy Policy and the Terms of Use of Soulchat. After confirming that he/she has taken note and given the corresponding data protection consents, the user can use the services of Soulchat via the respective communication platform in accordance with the conditions of the terms of use.
3. Data processing operations
3.1. Registration or initial login
When the services are used for the first time, certain data may be collected automatically or upon request as part of the user's initial contact. This includes:
Cell phone number (for communication via WhatsApp)
Unique identification code (for communication via Teams)
Date and time of the request
Content of the request
This data is automatically transmitted to Soulchat when contact is made in order to provide the service and related functions. This data processing is necessary for the performance of the contract for the Soulchat service in accordance with Art. 6 (1) lit. b) DS-GVO.
3.2. Data exchanged during the use of the service
3.2.1. If the User actively uses Soulchat in order for Soulchat's counselors to provide help and support services to deal with personal crises, problems and comparable psychological issues, additional personal information about the User will be collected during the course of the conversation, which the User voluntarily shares with Soulchat (conversation content). This information is used by Soulchat to provide the assistance and support services of Soulchat. The processing of this data is thus necessary for the fulfillment service according to Art. 6 para. 1 lit. b) DS-GVO, as far as this data is provided.
3.2.2. To the extent that live online coaching is to be recorded, we will comply with the legal requirements for lawful data processing and, in particular, obtain your consent prior to any recording. For the purposes of recording and following up on our live online coaching, we will also process the questions asked by users, if applicable.
3.2.3. In the course of using Soulchat, users may also voluntarily share information that relates to their health or sexuality, e.g. information about previously diagnosed physical or mental illnesses or symptoms that indicate such illnesses, so-called sensitive personal data.
This sensitive personal data is used by Soulchat to provide the assistance and support services of Soulchat. However, the use of such data is not used without the explicit consent of the user.
The processing of sensitive personal data, such as health information, is based on the user's consent pursuant to Art. 9 (2) a) DS-GVO. The specific consent given is listed at the end of this privacy policy.
3.2.4. During the use of the service of Soulchat via the respective communication platform, usage information for the respective communication processes with Soulchat will also accrue. This is the information mentioned in section 3.1. This data is automatically transmitted to Soulchat with the use of the service in order to provide the service and the associated functions. This data processing is necessary for the performance of the contract for the services Soulchat pursuant to Art. 6 para. 1 lit. b) DS-GVO
3.3. Analysis purposes and improvement of the offer
3.3.1. To improve the functions and performance features of Soulchat and to prevent and eliminate misuse and malfunctions. Soulchat uses the personal data described in section 3.1 and 3.2. Soulchat has a legitimate interest in ensuring the functionality and error-free operation of its service and to be able to offer a market- and interest-oriented service. The legal basis for this is Art. 6 para. 1 lit. f) DS-GVO. Sensitive personal data will only be used anonymously or in the context of an explicit consent according to Art. 9 para. 2 lit. a) DS-GVO.
3.3.2. Soulchat creates aggregated group analyses from anonymized information, from which no conclusion can be drawn about the individual user, via which statistical information and evaluations can be created. Such information is also used, for example, to prove the use of the service to third parties who pay for the use of the service, such as employers. At no time is it possible for such third parties to draw conclusions about an individual user.
3.4. Research Purpose
Soulchat cooperates from time to time with research partners and also provides them with anonymized information to medical institutions for research purposes as part of special projects. An inference to the specific person of the user is not possible here, as all identification information of the customer is removed by Soulchat before such a transfer. The legal basis for this is § 27 BDSG.
3.5. If Soulchat is requested by authorities or in the context of legal disputes to provide information to authorities, courts or other third parties, Soulchat will comply with such request to the extent that it is legally obliged to do so. The legal basis for such release of personal data is Art 6 para.1 lit c DS-GVO.
4. Protection of children's personal data
The Products and Services are not intended to be marketed to children under the age of 16. Soulchat does not knowingly collect or store personal information from children under the age of 16.
However, certain products and services may be suitable for use by children. Children, i.e., anyone using the Service who is 15 years of age or younger, must obtain parental consent before using Soulchat's services. If parents become aware that their child has provided personal information to us without their consent, they must request that we delete such personal information and terminate the child's account by sending an email to hi@soulchat.co. To the extent that Soulchat registers that personal data has been collected from a child under the age of 16, it will take the necessary steps to either obtain parental consent for the processing of the child's personal data or to delete such personal data and terminate the child's account.
5. Data Storages Location
For the storage of data, Soulchat uses a service provider with a physical server location in Frankfurt, Germany. This service provider is Digital Ocean Inc. based in the USA.
If certain communication platforms such as Microsoft Teams or WhatsApp are used to use the service, this data is also processed on the servers of these communication platforms. The location of these servers is usually in the USA; for Microsoft Teams, a processing location in Germany can be selected, whereby access to the user's data from outside the EU cannot be completely excluded.
6. Third-party companies involved in data processing
6.1. For certain the provision of the services, in particular the communication with the user, the following companies are used as service providers:
WhatsApp Ireland Ltd. a company with its registered office in Ireland (WhatsApp)
Microsoft Inc., a company based in the USA (Microsoft Teams)
Zoom Video Communications, Inc, a company based in the USA (Zoom).
When an app or software is used by other providers, these providers may transfer personal data to additional third parties. Please read the privacy policies of the other providers here before using the app.
6.2. Within the scope of the purposes described in section 3, Soulchat uses partner companies that process personal data on behalf of Soulchat. These are essentially the following companies:
Twilio (https://twilio.com) based in the USA for the WhatsApp integration.
DigitalOcean (https://digitalocean.com)based in the USA as database hoster
Notion (https://notion.so) based in the USA for internal communications
Count (https://count.co) based in the USA, for the analysis of data sets, specifically for the creation and use of aggregated statistics and graphs
Calendly (https://calendly.com/privacy) - Calendly LLC provides this service and is based in the USA. We use the tool "Calendly" for easy, fast and uncomplicated appointment scheduling. In particular, our online live coaching sessions can be selected and booked via "Calendly".
A complete list of the order processors used can be requested at hi@soulchat.co.
A data transfer of personal data of the user to third parties does not take place without the consent of the user, unless such a transfer is permitted by law. If processors such as cloud providers and other service providers are used and personal data is transferred to them, they are carefully selected. It is concluded to the agreements on the order processing to legally relevant specifications, these are monitored and instructed within the scope of the applicable regulations.
The service providers used are either based in the EU or in a country in which the EU has established a sufficient level of data protection. Companies from the USA, meet the requirements for a sufficient level of data protection by agreeing to standard contractual clauses in accordance with the requirements of the GDPR.
Insofar as third parties are used for the use of Soulchat that have their registered office outside the EU or process data outside the EU, i.e. in particular the communication platforms used, WhatsApp, Microsoft Teams and Zoom, the user declares his consent for such data transfer outside the EU. The specific consent given is listed at the end of this privacy policy.
7. Storage Duration
The personal data stored by Soulchat will be deleted as soon as they are no longer required for the purpose for which they were collected and Soulchat is not obliged to store them for a longer period due to legal obligations. As a rule, the user's personal data will be deleted with the request to terminate the use of the service, unless other purposes, such as billing purposes, require further storage. In this case, the data will only be deleted after the purpose has ended.
8. Rights in relation to data processing
Automated decision-making within the meaning of Art. 22 DSGVO is generally not used.
The user may at any time request information about the personal data processed by Soulchat as well as its correction, deletion or restriction of processing. He can object to the processing of his personal data at any time and demand the transfer of the personal data to himself or to a third party. If the user has given consent to Soulchat for the processing of personal data, the user may revoke such consent at any time. In this case, the lawfulness of the processing carried out on the basis of the consent until the revocation remains unaffected. The revocation is possible by e-mail or in writing and should be sent to the address provided below. After the revocation, personal data may be further processed to the extent permitted by law. The Berlin Commissioner for Data Protection and Freedom of Information is the supervisory authority responsible for complaints.
9. Responsible entity
The controller for the processing of personal data is the
Soulchat GmbH i.G.
c/o Hans Raffauf
Bethaniendamm 19
10997 Berlin
Managing Director Hans Raffauf
With questions about data protection law can be contacted to the data protection officer at the following e-mail address:
hi@soulchat.com
10. Scope of the data processing consent
Consent
By using the Soulchat service, you consent to Soulchat processing and using your personal data, including but not limited to sensitive information about your health or sex life, for the purpose of providing its service and products, and to Soulchat making evaluations, recommendations and treatment recommendations on that basis.
You also consent to Soulchat processing your personal information for transfer to third parties and use with WhatsApp, Zoom, Calendly and Microsoft Teams to be transferred to and stored in the United States.
By using the services of Soulchat, you consent that they and their partners mentioned above may use personal data for the purpose of improving the content and usability of Soulchat.
Revocation of consent
If you have given us consent to process your personal data, in particular to process the special personal data described above, this is done voluntarily. The consent can be revoked by you at any time with effect for the future. If you have not yet reached the age of 16, the consent of your parents or other legal guardians is required for the processing of all personal data. To exercise your right of revocation, you must notify Hans.co GmbH, Bethaniendamm 19, 10997 Berlin, e-mail: hi@soulchat.co of your decision to revoke your consent by means of a clear declaration (e.g. a letter or e-mail sent by post). If you make use of this option, a confirmation of receipt of such revocation will be sent to you immediately (e.g. by e-mail).
Consequences of the revocation
In the event of a revocation, the processing of your data that has taken place up to that point remains lawful. After the revocation, your personal data may be further processed, insofar as this is legally permissible, e.g. for invoices or within the framework of legal retention periods or in the event of legal disputes before courts or authorities.