Data Protection Information for Caspering AI
General Information
When you use our application (hereinafter “App”) and Caspering AI, we process your personal data. The protection of this data is just as important to us as it is to you, which is why we comply with all relevant laws, particularly the General Data Protection Regulation (GDPR). In this data protection information, you will receive all important information about the legal basis, purposes, and duration for which we process your data.
1. Name and Contact Details of the Data Controller and Data Protection Officer
For the processing of your data via Caspering AI, the responsible party within the meaning of the GDPR is:
Company: Caspering AI.Lab GmbH
Address: Goerzallee 299, 14167 Berlin, Germany
Email: datenschutz@caspering-ai.de
2. Third Country Transfer
In connection with data processing, there may be data transfers to third countries, i.e., to recipients outside the EU or the European Economic Area (EEA). If there is a decision by the European Commission on the existence of an adequate level of protection (cf. Art. 45 para. 3 GDPR) regarding the third country, no additional measures are required for the data transfer. In the case of data sharing with recipients based in the USA, this is done on the basis of the so-called Transatlantic Data Privacy Framework (DPF) of July 10, 2023, provided that the recipient has appropriate certification. A list of currently certified companies can be found here. In other cases and for data transfers to other so-called non-secure third countries, data sharing only takes place if the requirements of Art. 46 ff. GDPR are met. Specifically, this means that a transfer to third countries only occurs if
- the recipient provides adequate so-called guarantees according to Art. 46 GDPR for the protection of personal data,
- you have expressly consented to the transfer after we have informed you about the risks, according to Art. 49 para. 1 lit. a GDPR,
- the transfer is necessary for the fulfillment of contractual obligations between you and us, or
- another exception according to Art. 49 GDPR applies.
Which of the aforementioned legal bases applies in individual cases will be shown to you in the respective processing. Data transfers to recipients based in the USA who do not have DPF certification and for whom an adequate level of data protection cannot be established through guarantees within the meaning of Art. 46 GDPR are carried out exclusively with your consent within the meaning of Art. 49 para. 1 lit. a GDPR. We point out that for recipients based in the USA without DPF certification, no adequate level of data protection can be guaranteed that would be comparable to that in the EU. In such a transfer of personal data, the following risks therefore exist: There is a risk that US authorities can gain access to personal data based on the surveillance programs PRISM and UPSTREAM based on Section 702 of FISA (Foreign Intelligence Surveillance Act) as well as on the basis of Executive Order 12333 or Presidential Policy Directive 28. EU citizens have no effective legal remedies against these accesses in the USA or the EU. Further information and a copy or reference to the respective adequate guarantees can be found in the description of the respective processing.
3. Processing Activities
a) When visiting our App
aa) Processing Activity
When accessing our App, technical data is collected that is necessary to transmit the App to your browser and ensure its functionality. The processed data includes:
- User’s IP address
- Date and time of access
- Pages and files accessed
- Amount of data transferred
- Browser type and version used
- User’s operating system
- Referrer URL
- Status messages of accesses (e.g., error codes)
bb) Purposes
This data is processed by our hosting service provider to ensure the security and stability of the App. The processing serves the purpose of providing and operating the App to ensure technical functionality as well as to detect and defend against attacks.
cc) Legal Basis
The processing of data is based on Art. 6 para. 1 sentence 1 lit. f GDPR, based on our legitimate interest in a secure and efficient operation of our App.
dd) Recipients
The provision of Caspering AI is carried out by the web host and service provider Cloudflare Inc. 101 Townsend St, San Francisco, CA 94107, USA.
ee) Storage Periods
The collected data is stored in the form of log files for a maximum of 7 days and then deleted or anonymized, unless longer storage is required for security reasons (e.g., to investigate cases of abuse).
b) When registering and managing an account
aa) Processing Activity
You can register and manage an account for using Caspering AI in our App. Through the account, depending on the option selected during registration, you can use Caspering AI to create, upload, and manage content (such as texts, images) for Social Media posts, and post these directly in the respective connected Social Media channels via corresponding interfaces. Creating a user account requires prior registration. You must provide the following data:
- First name,
- Last name,
- Email address and
- Password,
- Payment information.
After entering, you will receive an email to confirm the registration (so-called Double-Opt-In) to validate the process again and prevent abusive profile creation by third parties. When editing the profile, additional data can be voluntarily stored, such as:
- Short description of the person,
- Birthday,
- Usernames of social media channels.
You can edit and change this data at any time.
bb) Purpose
The data processing serves to provide all functionalities of Caspering AI.
cc) Legal Basis
The processing of data required for registration and account creation is justified for the fulfillment of our contractual obligations according to Art. 6 para. 1 sentence 1 lit. b GDPR, as this is the only way our offer via Caspering AI can be used.
Additional, voluntarily entered information is processed on the basis of Art. 6 para. 1 lit. f GDPR, as we have a legitimate interest in giving you the opportunity to freely design your use of Caspering AI.
dd) Storage Periods
Personal data is stored as long as the profile is active. As soon as the profile is deleted, the data is usually also deleted.
c) When using Caspering AI
aa) Processing Activity
In the context of using Caspering AI, we process content provided by you (images, texts) to generate corresponding outputs, such as texts and images. For this purpose, we use generative artificial intelligence models (hereinafter AI models). The inputs are passed through an interface (API) to the respective AI models, processed by the AI models exclusively for the purpose of generating output, and output via Caspering AI. In addition, your content and the AI-generated content can be automatically forwarded to the respective Social Media services for publication. In this process, personal data contained in your input is processed.
bb) Purposes
This processing is carried out to enable and/or facilitate the creation and publication of appealing content on your selected Social Media channels.
cc) Legal Basis
This processing is necessary for the fulfillment of the contract with you, as it includes core functionalities of Caspering AI. Therefore, the legal basis for this processing is Art. 6 para. 1 lit. b GDPR.
dd) Recipients
(1) OpenAI (ChatGPT) The processing is carried out by AI models from the provider OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110, USA. The content you enter (e.g., texts, images) is transmitted via an API to OpenAI’s servers to generate the desired results (outputs). Your inputs are processed exclusively for this purpose.
OpenAI processes the data as a processor within the meaning of Art. 28 GDPR. A corresponding contract for data processing has been concluded with OpenAI, which takes into account the data protection requirements applicable in the EU. A transfer of personal data to a third country (USA) is based on standard contractual clauses according to Art. 46 para. 2 lit. c GDPR, supplemented by additional technical and organizational measures that are intended to ensure an adequate level of protection.
OpenAI stores inputs and outputs for a limited period to prevent abuse and ensure system security. Use of the data for training purposes does not take place when using Caspering AI based on contractual agreements with OpenAI.
(2) Cloudflare We use the services of Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA, to ensure the security and performance of our App. Cloudflare acts as a so-called Content Delivery Network (CDN) as well as a security service provider (e.g., protection against DDoS attacks, firewall, TLS encryption). In this process, requests to our servers are routed through Cloudflare’s systems to optimize loading times and ward off attacks.
In the context of this process, technically necessary data - in particular IP addresses, system configuration information, and possibly log data - is processed. This processing is carried out to ensure stable, performant, and secure use of our App.
The data processing is based on Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in maintaining technical security as well as optimizing loading times and availability of our online services.
Cloudflare acts as a processor within the meaning of Art. 28 GDPR and processes the data exclusively according to our instructions. A corresponding contract for data processing has been concluded with Cloudflare.
Since a transfer of personal data to the USA may take place, we base this on the standard contractual clauses of the European Commission according to Art. 46 para. 2 lit. c GDPR. Cloudflare has also implemented measures to ensure a level of protection corresponding to the EU data protection level (e.g., encryption, access restrictions, regular security audits).
Cloudflare stores personal data in principle only as long as this is necessary for the provision of the aforementioned services, and then automatically deletes it, unless legal retention obligations exist.
(3) Supabase (PostgreSQL Database) We use Supabase, an open-source database solution, to store and manage user data of our App. The database is hosted by Supabase Inc., 1803 E Rio Salado Pkwy, Tempe, Arizona, USA. Supabase enables secure and performant storage of data that is required for the functionality of our App and offers real-time synchronization as well as API interfaces. In the context of using this service, various personal data (e.g., user data, IP addresses) is processed.
The use of Supabase serves to manage user data in our App, in particular for secure storage and management of application data as well as for providing real-time functionalities.
The processing of data by Supabase is based on Art. 6 para. 1 lit. b GDPR, as it is necessary for the provision of App functionalities. Where necessary, we also rely on Art. 6 para. 1 lit. f GDPR (legitimate interest), as we have an interest in stable and secure data processing by external specialized providers.
The data processing is carried out by Supabase Inc. as our processor. Supabase acts exclusively according to our instructions and does not process the data for its own purposes.
The data is stored in the USA. The data transfer is based on standard contractual clauses of the European Commission to ensure an adequate level of data protection.
Personal data is stored as long as this is necessary for the fulfillment of the processing purposes. Upon deletion request by the user or at the end of the usage relationship, the data is immediately deleted, unless legal retention obligations exist.
ee) Storage Duration
We store content and associated log data in Caspering AI as long as the respective user account exists.
d) Account linking to Social Media accounts (OAuth)
aa) Processing Activity
We offer the linking of your Social Media account via a “Social Login” (OAuth) to authorize the publication of content created by our AI software on your profile. For this purpose, you will be redirected to the respective platform; after your approval, the platform transmits an access token and account information (e.g., user/page ID, roles/scopes) to us. The platform processes data independently according to its terms; any joint responsibility only concerns platform-specific “Insights” and is not the subject of the Social Login.
bb) Purpose
The processing serves the purpose of authentication, management of the account connection, granting and management of publication rights, as well as automated publication of content on your linked Instagram account.
cc) Legal Basis
The processing in the context of voluntary account linking is based on your consent, Art. 6 para. 1 sentence 1 lit. a GDPR. You can revoke your consent at any time with effect for the future.
dd) Recipients
(1) Instagram The operator of the Instagram service is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Meta”). Meta processes your data when interacting with the service for its own purposes. We have no knowledge beyond this about the data processing carried out by Meta. To the extent that you interact with our Instagram profile, we process your data with Meta in so-called joint responsibility according to Art. 26 GDPR for so-called Insights. It has been agreed that Meta is responsible for informing data subjects according to Art. 13 and 14 GDPR and for fulfilling data subject requests according to Art. 15-21 GDPR and reporting and notification obligations according to Art. 33 and 34 GDPR. You can view the agreement here. You can assert your rights at any time against both controllers. The parent company of Meta Platforms Ireland is Meta Platforms, Inc. in the USA. The information generated by Meta is transmitted to servers of Meta Platforms, Inc. in the USA and processed there. On July 10, 2023, the EU Commission issued an adequacy decision for the Data Privacy Framework for data transfers to recipients based in the USA. According to this, an adequate level of data protection is assumed for data transfers to certified recipients based in the USA (see also section III). Meta Platforms, Inc. is a certified company. More information about the handling of personal data at Meta can be found in the respective privacy policy. Instagram: https://privacycenter.instagram.com/policy
(2) LinkedIn The operator of LinkedIn is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (“LinkedIn”). LinkedIn processes personal data independently for its own purposes, such as analyzing user behavior, improving services, and for personalized advertising. We have no influence on this processing. To the extent that you interact with our company profile or content on LinkedIn, we may process your data jointly with LinkedIn in the context of the Page Insights function in joint responsibility according to Art. 26 GDPR. The agreement on joint responsibility stipulates that LinkedIn assumes primary responsibility for fulfilling data protection obligations, particularly with regard to information obligations according to Art. 13 f. GDPR as well as the exercise of data subject rights according to Art. 15-22 GDPR. You can view the agreement at the following link: https://legal.linkedin.com/pages-joint-controller-addendum You can assert your rights both against LinkedIn and against us. The parent company LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085, USA, may carry out data processing outside the EEA. In these cases, data transfer is based on the EU-U.S. Data Privacy Framework, as LinkedIn Corporation is certified for this. Thus, an adequate level of data protection within the meaning of Art. 45 GDPR is guaranteed.
Further information about data processing by LinkedIn can be found in LinkedIn’s privacy policy: https://www.linkedin.com/legal/privacy-policy
ee) Storage Periods
We store access tokens and linking data as long as your account with us exists or until you revoke the link; after that, we delete this data. (The “determinability” of the period is sufficient).
4. Data Subject Rights
You have several rights under the GDPR. These are:
a) Right to Information
According to Art. 15 GDPR, you have the right at any time to request information from us about all data we store about you. This includes in particular information about
- the purposes for which we process your data,
- the categories of data we process from you,
- the specific recipients or, if these are not known, the categories of recipients to whom we transmit your data,
- the duration for which we store your data or, if this cannot be determined, the criteria under which we store your data, and
- if applicable, the origin of the data, if we did not collect it from you.
b) Right to Rectification
If your data that we process is incorrect or incomplete, you can request the correction or completion of this data from us at any time according to Art. 16 GDPR.
c) Right to Erasure (Right to be Forgotten)
If the original legal basis for data processing no longer applies or you have revoked your consent or objected to the processing or we may not continue to process your data for another of the reasons mentioned in Art. 17 para. 1 GDPR, you can request the erasure of your personal data from us according to Art. 17 GDPR.
This right does not apply to you if the processing is necessary for the exercise of freedom of expression and information or for the protection of public interests, there is a legal obligation to this effect, or it is necessary for the assertion, exercise, or defense of legal claims.
d) Right to Restriction
According to Art. 18 GDPR, you can also request the restriction of processing. This right applies to you if you dispute the accuracy of the data, the processing is unlawful, we no longer need the data for the stated purposes, or you have objected to the processing and we may not otherwise lawfully continue processing the data in the two latter cases.
e) Right to Data Portability
In addition, you can request from us according to Art. 20 GDPR the transfer of your data in a structured, common, and machine-readable format to yourself or another controller.
f) Right to Withdraw Consent
If you have given your consent as the legal basis for the processing of your data by us, for example according to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 lit. a GDPR, you can revoke this consent at any time according to Art. 7 para. 3 GDPR. If you do this, we will stop processing your data, but the lawfulness of the processing until the revocation remains unaffected by the revocation.
g) Right to Complain to a Supervisory Authority
According to Art. 77 GDPR, you can also contact a supervisory authority with a complaint. As a rule, this should be the supervisory authority of your usual place of residence or workplace; alternatively, you can also direct your complaint to the supervisory authority of our company headquarters.
5. RIGHT TO OBJECT
ACCORDING TO ART. 21 GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA IF WE PROCESS YOUR PERSONAL DATA MERELY ON THE BASIS OF OUR LEGITIMATE INTERESTS AND REASONS ARISING FROM YOUR PARTICULAR SITUATION SPEAK FOR THIS. IF YOUR OBJECTION IS DIRECTED AGAINST DIRECT ADVERTISING, YOU HAVE A GENERAL RIGHT TO OBJECT WITHOUT GIVING REASONS.
YOU CAN DECLARE YOUR OBJECTION BY EMAIL TO datenschutz@caspering-ai.de.