Privacy Statement

1. Controller

The controller for the processing described here, within the meaning of Article 4(7) GDPR, is foodfyp UG (haftungsbeschränkt), Gänsestieg 27A, 22549 Hamburg, Deutschland, represented by Alexander Frikel.

For general matters you can reach us at support@foodfyp.com. Address questions about data protection and the exercise of your rights to datenschutz@foodfyp.com. No particular form is required, and it costs you nothing.

We have not appointed a data protection officer. There is therefore no other point of contact within foodfyp you could turn to instead; your request is handled by the management at the address given above. Your right to approach the supervisory authority named in section 10 directly is unaffected by this.

2. Opening this site

This site runs on Amazon Web Services in Frankfurt am Main (region eu-central-1). The document you are reading is delivered by those servers directly.

So that your browser can display the site, those servers process the technical details of your request: your IP address, the time, the address requested and the identification your browser sends with it (the user agent). Without your IP address there would be no route by which the response could reach you; it arises of necessity, and not because we set out to collect it.

No access log of your visit arises in the process: access logging is switched off on the load balancer through which this site is delivered, and the server that serves it keeps no line per request in its production build. What it does keep are messages about its operation and about errors; section 9 states how long those are kept. The purpose of the processing is delivering the site, keeping it operationally secure and investigating faults and attacks. The legal basis is Article 6(1)(f) GDPR; our legitimate interest is an operation that works and that can be reconstructed when something goes wrong.

Some of the footage is not fetched from that server: the videos in the feed, and the images and videos showing how the service works, are held in a content delivery network operated by the same provider (Amazon CloudFront). Your browser requests them there by itself while rendering the page; that network receives your IP address and your browser's identification in the process, because otherwise it could not deliver the file. It is served from locations all over the world — which one answers depends on where you are; section 8 says what follows from that. The purpose and the legal basis are the same as in the preceding paragraph.

Whether we show you the German or the English version is derived from the language preference your browser sends with every request anyway (Accept-Language). No location is determined for this: we do not evaluate your IP address for that purpose and we do not establish a country. The derivation happens afresh on every request, and its result is not stored. The legal basis is Article 6(1)(f) GDPR; our legitimate interest is showing you the site in a language you read.

No further evaluation of these details takes place. In particular we do not combine them with the audience measurement under section 4, and we do not attempt to determine who you are from them.

3. Storage on your device

This site does not use cookies. What is stored on your device is held in your browser's local storage and session storage — in law the same operation that Section 25 of the German Digital Services Data Protection Act (TDDDG) addresses, and therefore listed here in full.

The necessary storage cannot be switched off: without it we would have to ask you for your decision again on every visit. The legal basis is Section 25(2) no. 2 TDDDG, because the storage is strictly necessary in order to provide you with the service you have asked for — namely that your decision is respected.

Everything else comes into existence only after you have agreed in the consent banner, and is removed again when you withdraw. Two entries deliberately stay: your decision itself, and the withdrawal marker in the last row. Both are the reason a withdrawal holds instead of being forgotten on your next visit.

4. Audience measurement with PostHog

On this website we use PostHog to measure how it is used: which pages are opened, how a visit came about, which controls are used, and the technical characteristics of the device and browser. We evaluate this in order to understand which content is found and where a visit breaks off.

For that, PostHog sets an identifier in your browser that recognises it on a later visit. This is not mere counting, and we do not describe it as such. Recordings of your session — mouse movements, keystrokes, screen video — are switched off. The measurement data go to PostHog's European instance (eu.i.posthog.com).

If you open the site through a campaign or poster link, its address carries two details about where that link came from. They are attached to the measurement events of that session so that we can see which poster worked.

All of this happens only if you have agreed in the consent banner. Without your agreement PostHog is not loaded and no measurement data are collected — not in anonymised form either.

The legal basis is Article 6(1)(a) GDPR; for storing information on your device and accessing it, it is consent under Section 25(1) of the German Digital Services Data Protection Act (TDDDG).

You may withdraw your consent at any time, and as easily as you gave it: through "Cookie settings" in the footer of every page. The withdrawal stops the measurement immediately — without your having to reload the page — and removes the ph_* entries listed in section 3 from your browser. Your decision itself stays stored, because we have to observe it, and the withdrawal marker from the same table is added — it is what keeps the measurement stopped. It takes effect for the future; the lawfulness of processing carried out until then is unaffected (Article 7(3) GDPR). A message to datenschutz@foodfyp.com is equally sufficient.

5. Address search in the signup form

The operator page carries a form with which a food business can register as a partner. For entering the address, that form offers an address search. If you are only reading the site, this section does not concern you.

While you type, your browser sends the text you enter directly to the Photon service operated by komoot GmbH in order to suggest matching addresses; your IP address is transmitted to that service in the process. The text therefore leaves your browser before you submit the form. The legal basis is Article 6(1)(f) GDPR; our legitimate interest lies in a correct and complete address, because a wrong address means orders will not reach your business. You can avoid the search: the form provides a switch that lets you enter street, house number, postal code and city by hand — no transmission to that service takes place then.

Nothing is requested before the third character, and nothing is requested while the search is switched off. komoot GmbH operates Photon as a publicly available service and processes the request as a controller in its own right, under its own privacy statement; it does not act on our behalf in doing so.

6. Partner registration

When you submit the signup form, your browser transmits the following information directly to our interface at https://api.foodfyp.com. This website itself neither receives nor stores it:

We send a confirmation code to the email address you provide. We process that code and the time it is entered in order to establish that the address is reachable and available to you; only then is the registration deemed submitted.

The purpose is to prepare the partner contract. The legal basis is Article 6(1)(b) GDPR: the processing is necessary for steps taken at your request prior to entering into the contract. None of this information is a statutory requirement; the legal form is optional, the remaining information is necessary for the contract.

What happens afterwards — checking the business, creating the partner account, payment handling, settlement and retention — is described by the Privacy Statement for Partner Businesses. The form links to it before you submit; it can be reached at /en/datenschutz-partner.

Whether a registration was submitted, confirmed, or rejected and for what reason, we additionally count as an event of the audience measurement under section 4 — but only if you have consented there, and without the information you entered in the form.

• Business name
• Legal form (optional)
• Street
• House number
• Postal code
• City
• Name of the contact person
• Email address
• Telephone number
• Password

7. Recipients

We pass on your data only where that is necessary for the purposes described or where we are obliged to do so. Service providers processing on our behalf are bound by contract under Article 28 GDPR.

Your visit to this site reaches no parties beyond the ones below. The fonts are delivered with the page rather than fetched from someone else's server. The footage described in section 2 comes from the delivery network named there; the remaining footage — the app-store badges, the QR code, the wordmark, the photographs in the text sections and the screen recording on the poster page together with its preview image — sits on the same server as the page and is not fetched from a delivery network.

The links to the App Store and to Google Play are ordinary links: nothing is loaded from there before you click. If you follow one, you leave this site, and from that point the privacy statement of the provider in question applies.

8. Transfers to third countries

This site runs on Amazon Web Services in Frankfurt am Main; the data arising there are therefore held within the European Union. The footage described in section 2, by contrast, is delivered from a worldwide network of locations operated by the same provider, and the location serving your browser may lie outside the European Union.

The measurement data go to PostHog's European instance (eu.i.posthog.com) and are processed there within the European Union. Even so, processing outside the European Union and the European Economic Area cannot be ruled out, in particular in the United States of America: the provider and our contracting party is PostHog, Inc., based in San Francisco, and not a European company.

To the extent that personal data thereby reach a third country, we base the transfer on the EU-US Data Privacy Framework (adequacy decision of the European Commission of 10 July 2023), where the recipient in question is certified, and/or on the European Commission's standard contractual clauses under Article 46(2)(c) GDPR.

We will inform you about the safeguards a transfer is based on and provide you with a copy of them. A message to datenschutz@foodfyp.com is sufficient.

9. Retention periods

We retain data for as long as we need them for the purpose for which we collected them, and beyond that for as long as the law obliges us to. We do not set any period going beyond that.

For your visit to this site under section 2 there is no period to state, because no access log arises that would need one. What the serving server keeps about its operation and about errors is erased after 30 days; the erasure is set up and runs without anyone having to act.

It is different for the interface at https://api.foodfyp.com, to which your browser sends the signup form under section 6. The load balancer in front of it keeps an access log containing your IP address; it is erased automatically after 14 days. Anyone who only reads the site does not reach that interface — it is addressed solely when the form is submitted and for the confirmation code.

Both of these concern the logs we can ourselves switch on, switch off and put a limit on. Whether Amazon Web Services keeps further logs of its own for the operation of its network, to which we have no access, is not something we can judge.

Your decision about audience measurement stays in your browser for 12 months; after that we ask again. If you withdraw earlier, it is replaced by your new decision and the 12 months start over. The ph_* entries listed in section 3 exist until you withdraw and are removed at that point; the withdrawal marker from the same table stays afterwards, until you delete the data this site has stored in your browser.

Withdrawal ends the collection; it does not retroactively erase the measurement data already transmitted to PostHog. You can request their erasure under Article 17 GDPR — a message to datenschutz@foodfyp.com is sufficient.

For the information from a partner registration under section 6, the periods of the Privacy Statement for Partner Businesses apply; its section 12 sets them out.

10. Your rights and your right to complain

You have the following rights. You exercise them by writing to us at datenschutz@foodfyp.com; no particular form is required. We respond within the period set by Article 12(3) GDPR, that is, as a rule, within one month.

If the request does not allow us to identify you as the data subject with certainty, we ask before providing information. That is not an obstacle but the protection that keeps someone else from obtaining information about you.

You may also lodge a complaint about the processing of your data with a supervisory authority, Article 77 GDPR. The competent authority is the one of your habitual residence, of your place of work or of the place of the alleged infringement.

The authority competent for us is Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit, Ludwig-Erhard-Str. 22, 20459 Hamburg. It can be reached online at https://datenschutz-hamburg.de.

A complaint does not require you to have contacted us first. It is usually the shorter route nonetheless, and your right to an effective judicial remedy remains available alongside it.

• Access under Article 15 GDPR: we tell you whether and which data about you we process, for which purposes, to which recipients and for how long, and we provide you with a copy.
• Rectification under Article 16 GDPR: we correct inaccurate data and complete incomplete data.
• Erasure under Article 17 GDPR: we erase your data once the purpose has ceased to apply, once you have withdrawn consent, or where the processing was unlawful — unless a statutory retention obligation under section 9 stands in the way.
• Restriction of processing under Article 18 GDPR: where it is disputed between us whether data are accurate or may be processed, we process them only in a restricted manner for the duration of the review instead of erasing them.
• Data portability under Article 20 GDPR: data you have provided to us which we base on consent or on the contract and process by automated means are released to you in a structured, commonly used and machine-readable format, or transmitted directly to another controller at your request.
• Objection under Article 21 GDPR: you may object at any time, on grounds relating to your particular situation, to processing we base on a legitimate interest — which concerns opening the site under section 2 and the address search under section 5.
• Withdrawal of consent under Article 7(3) GDPR: you may withdraw consent given at any time with effect for the future; the lawfulness of processing carried out until then is unaffected.

11. Changes to this statement

We amend this statement when the processing changes — for instance because a function is added, a service provider changes, or the legal position or the practice of the supervisory authorities changes. The version published here applies in each case; its date is stated above.

This site keeps no account through which we could notify you individually. Opening this statement is therefore the way to see the version that currently applies.

Where processing is based on your consent, we do not amend this statement in order to widen the purpose: for a new purpose we obtain fresh consent, and the one already given does not carry it.