Privacy Policy

We want you to feel comfortable when you are using Melius SaaS and its underlying functions through our online portal ("Services") and not have to worry about the security of your data. That is why data protection is an important part of our philosophy.

In this Privacy Policy, you will find all the information about which Personal Data we collect and process and for what purpose. Equally, we will also inform you of your data protection rights and how you can assert them.

Please note that this SaaS Privacy Policy is supplemental to our Website Privacy Policy and applies to your use of our Services only. You should read this policy in line with our Website Privacy and Cookie Policy.

GENERAL PRINCIPLES

a) What is Personal Data?

Personal Data is any includes information relating to an individual who can be identified or who is identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information.

b) What is processing?

Processing means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

c) Who is responsible for data processing?

A "data controller" is a person or organisation who alone or jointly determines the purposes for which and the manner in which any personal data is, or is likely to be, processed. In this sense, Melius Digital, Im Eschfeld 3a, 52351 Düren, Germany ("Melius Digital", "we", "us", "our") is the data controller.

If you have any questions about this policy or about data protection at Melius Digital in general, you can reach us by email using info@melius.digital with "Data Protection" in the subject line.

d) What law applies?

We will only use your Personal Data in accordance with Germany's Data Protection Act (Bundesdatenschutzgesetz) ("BDSG") and the EU's General Data Protection Regulation ("GDPR"), and of course only as described in this Privacy Policy.

e) What are the Legal Bases for processing Personal Data

We have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

f) How long and where will you keep my data?

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular, commercial and tax law in accordance with Germany's Commercial Law and Fiscal Code, the periods specified there for storage and documentation are five years (HGB), six years (A0), or ten years (HGB)). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted. All data collected is generally transferred to our server and stored in a dedicated database. The legal basis for the data processing is our legitimate interest in providing our Services. We ensure that processing is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection. We store the data until you delete your user account. Insofar as legal retention periods are to be observed, storage also takes place beyond the time of deletion of a user account.

WHAT PERSONAL DATA DO WE PROCESS?

a) Technical Data

When you access our Service, some access data is recorded automatically and stored in a log file on our Vercel (440 North Barranca Avenue, Suite 4133, Covina, CA 91723) server. This means if you access our Service, we process a) the IP address of your device, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID, and h) the referrer URL. The legal basis for processing is our legitimate interest.

b) Contacting us and contracting with us

You can contact us in various ways, and data is always collected in the process. You provide us with most of the data that we process when you contact us, such as your name and email address. This data is collected and processed exclusively for the purpose of contacting you and processing your request and then deleted again, provided that there is no legal obligation to retain it.

We process the personal data that arises when you use Melius SaaS in order to provide our contractual services. In particular, this includes our support, correspondence with you, invoicing, fulfillment of our contractual obligations, accounting, and tax obligations. Accordingly, the data is processed on the basis of the fulfillment of our contractual obligations and our legal obligations.

If you register, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form (your name, company name, email address, and telephone number, and your selected password). The entry of your data is encrypted so that third parties cannot read your data when it is entered. For the purpose of logging in to our service, you will provide your password together with your email address. We will hold your data for further orders as long as you have your account and user contract with us.

If you take out a subscription, your payment data will be processed via our payment service provider, Stripe (The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland). Payment data will solely be processed through Stripe, and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

Lastly, we process data in the context of administrative tasks as well as the organisation of our operations, financial accounting, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, and archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks, and provision of our services.

The legal basis for processing the above is our legitimate interest, the provision or initiation of a contractual service, and your consent.

c) When using our Service

If you wish to use our Service and its features, we process the data you provide (depending on how you are using our Service) which may include Personal Data, Technical Data and non personal data that you make available to us ("Service Data").

We recognise that you own your Service Data and provide you with complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data through supported third-party integrations, and (iii) request export or deletion of your Service Data.

When we process Service Data, we become your Data Processor in accordance with Part 3 of the BDSG and Chapter 4 of the GDPR or in other words, we will process the Service Data involved in your use of our Service in accordance with your instructions and shall use it only for the purposes agreed upon between you and us.

We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.

Some jurisdictions may require you to disclose your use of our SaaS as your processor in your privacy policy and/or data processing agreement as applicable. For this purpose, all Service Data processed by us will be processed using Vercel's servers in the USA or Singapore, and we will take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of your Service Data. For further information please refer to our Data Processing Addendum.

Further and if you are providing us with Personal Data relating to a third party, you agree a) that you have in place all necessary appropriate consents and b) that such third party has read this Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

The legal basis for the processing of your Service Data is our obligation to fulfill the contract we have with you.

d) Support ticket

If you create a support ticket, we will request Personal Data and, where applicable, non-Personal Data in accordance with your request; this may include your name, email address, and other service-related data you voluntarily provide. The data provided is not shared with third parties, and cannot read your data when it is entered. If you submit a support ticket, we process the data for the purpose of processing and handling your ticket.

Our employees will also have access to data that you knowingly share with us for technical support or to import data into our services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly. The legal basis of the data processing is our obligation to fulfill the contract and/or our legitimate interest in processing your support ticket.

DATA SHARING

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

Internal

If necessary, we transfer your Personal Data within our Service. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorized employees who need access to the data due to their job, e.g., to provide our services or to contact you in case of queries.

We may also share your Personal Data with our business partners for the purposes described in this Privacy Policy, including (but not limited to) conducting the services you request or customizing our business to better meet your needs.

External bodies

Personal Data is transferred to our service providers in the following instances:

in the context of fulfilling our contract with you,
to use marketing services and to advertise our services online,
to communicate with you,
to provide our Services, and
to state authorities and institutions as far as this is required or necessary.

International transfers

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer. For further information please refer to our Data Processing Addendum.

SECURITY OF YOUR DATA

In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction, or access by unauthorized persons, we use appropriate technical and organizational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

YOUR RIGHTS AND PRIVILEGES

a) Privacy rights

You can exercise the following rights:

The right to access;
The right to rectification;
The right to erasure;
The right to restrict processing;
The right to object to processing;
The right to data portability;

b) Update your information and withdraw your consent

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

c) Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

d) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. In Germany on federal level it is the Federal Commissioner for Data Protection and Freedom of Information (BfDI) (www.bfdi.bund.de) is the Federal Commissioner for Data Protection. The North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information (LDI NRW) (www.ldi.nrw.de) is the relevant authority in NRW. However, we would appreciate the opportunity to address your concerns before you contact the BfDI or the LDI NRW.

e) Data Breaches and Notification

Databases or records containing Personal Data may be breached accidentally or through unlawful intrusion. As soon as we become aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notification will be accompanied by a description of the measures that will be taken to repair the damage caused by the data breach. Notifications will be sent as soon as possible after the violation is discovered.

f) What we do not do

We do not request Personal Data from minors and children without obtaining parental or legal guardian consent;
We do not sell your Personal Data;
We do not process special category data without obtaining prior specific consent; and
We do not use automated decision-making, including profiling.

USA SPECIFIC PROVISIONS

The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the EU's GDPR exists on a federal level, we are committed to follow and apply the for-your-state relevant privacy rules and regulations.

As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

Further, the following also apply

i) "Shine the Light"

"Shine the Light" law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business's practices related to disclosing Personal Data to third parties for the third parties' direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.

ii) COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old.

iii) CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

iv) Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting 'STOP' if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalised direct advertising per SMS.

v) Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

vi) Right to complain

Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the abovementioned states may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

CANADA AND MEXICO SPECIFIC PROVISIONS

Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties ("LFPDPPP") supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act ("PIPEDA") in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.

In terms of your right to complain, Canada's national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca) and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) ("INAI") is the national supervisory authority in Mexico (www.ifai.org.mx).

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us by email using info@melius.digital with "Data Protection" in the subject line.

CHANGES

The first version of this policy was issued on Tuesday, 07th of January, 2025, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.