Privacy Policy

1. Privacy at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on data protection can be found in the privacy policy below.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. Their contact details can be found in the section “Information about the controller” in this privacy policy.

How do we collect your data?

Some of your data is collected when you provide it to us. This may be, for example, data you enter when registering or in the AI chat.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. web browser, operating system or time of access). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. If contracts can be concluded or initiated via the website (e.g. the Premium subscription), the data transmitted is also processed for contract offers, orders or other requests.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipients and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and any other questions on the subject of data protection.

Analytics tools and third-party tools

We do not use any analytics or tracking programs on this website. For certain functions (sign-in, payment, AI chat) we use services from third-party providers. Details can be found in section 5 of this privacy policy.

2. Hosting

We host the content of our website with the following provider:

External hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the host(s). This may include, in particular, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access and other data generated via a website.

External hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of a secure, fast and efficient provision of our online service by a professional provider (Art. 6(1)(f) GDPR). Where consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil their service obligations and will follow our instructions with regard to this data.

We use the following host:

Vercel Inc.
440 N Barranca Ave #4133
Covina, CA 91723
USA

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above service. This is a contract required by data protection law that ensures the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g. when communicating by email) may have security gaps. Complete protection of data against access by third parties is not possible.

Information about the controller

The controller responsible for data processing on this website is:

MondSeele – owner Franz Schonhoff
Zum Thül 6
49838 Lengerich
Germany

Phone: +49 5904 960675
Email: infoschonhoff@gmail.com

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period is stated in this privacy policy, your personal data will remain with us until the purpose for processing no longer applies. If you make a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion takes place once these reasons no longer apply.

General information on the legal bases for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR if special categories of data under Art. 9(1) GDPR are processed. In the case of express consent to the transfer of personal data to third countries, data processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g. via device fingerprinting), data processing is additionally based on § 25(1) TDDDG. Consent can be revoked at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. We also process your data if it is required to fulfil a legal obligation, on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest under Art. 6(1)(f) GDPR. The relevant legal bases in each individual case are explained in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our business activities, we work with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary to fulfil a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest under Art. 6(1)(f) GDPR in passing it on, or if another legal basis permits the transfer. When using processors, we only pass on our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION UNDER ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION UNDER ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time about this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us about this at any time. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
• If we no longer need your personal data but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection under Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

SSL/TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL/TLS encryption. You can recognise an encrypted connection by the fact that the address bar of the browser changes from “http://” to “https://” and by the lock symbol in your browser bar.

If SSL/TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to advertising emails

We hereby object to the use of contact data published in connection with the legal notice obligation for sending unsolicited advertising and information material. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.

4. Data collection on this website

Cookies

Our website uses so-called “cookies”. Cookies are small data packets and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser.

Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within websites (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. signing in to your account). Other cookies may be used to evaluate user behaviour or for advertising purposes; we do not use such cookies.

Cookies that are required to carry out the electronic communication process or to provide certain functions requested by you (e.g. for signing in) (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR and § 25(2) no. 2 TDDDG, unless another legal basis is stated. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Where consent to the storage of cookies and similar recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

If further cookies and services are used on this website, you can find this in this privacy policy.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• browser type and browser version
• operating system used
• referrer URL
• host name of the accessing computer
• time of the server request
• IP address

This data is not combined with other data sources.

This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be recorded.

Enquiries by email, phone or fax

If you contact us by email, phone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary to carry out pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent can be revoked at any time.

The data you send us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Features of the MondSeele app

Storage on your device

Your profile (e.g. name, zodiac sign, interests), your journal entries, your chat history and the personal memories of the AI companion are stored in your browser’s storage on your own device (so-called local storage). This data is not stored on our servers. You can view and delete it at any time in your profile or remove it via your browser settings. Storage is necessary for the app functions you request (§ 25(2) no. 2 TDDDG, Art. 6(1)(b) GDPR).

The app’s music and voice recordings (e.g. the guided meditation) are finished audio files loaded from our server. No data is transferred to third parties in the process.

Registration and user account (Clerk)

You can create a user account for the online functions (AI chat and Premium). For registration and sign-in we use the service Clerk provided by Clerk, Inc., San Francisco, USA. Your email address, your name if provided, a password or sign-in method, a user ID and technical data (e.g. IP address, browser, time of sign-in) are processed. Clerk sets technically necessary cookies so that you remain signed in.

The legal basis is Art. 6(1)(b) GDPR (provision of your account) and § 25(2) no. 2 TDDDG for the necessary cookies. Your account data is stored until you delete your account or ask us to delete it, unless statutory retention obligations apply.

Clerk also processes data in the USA. The transfer is based on the EU-US Data Privacy Framework, under which Clerk is certified, and otherwise on the standard contractual clauses of the EU Commission. Our data processing agreement with Clerk forms part of our contract with Clerk. More information: https://clerk.com/legal/privacy.

Premium subscription and payment processing (Stripe)

If you take out the paid Premium subscription, we process the data required to perform the contract (e.g. user ID, email address, selected plan, subscription status, billing data). The legal basis is Art. 6(1)(b) GDPR; billing and accounting data is also retained due to legal obligations (Art. 6(1)(c) GDPR, e.g. up to 10 years under commercial and tax law).

Payment is processed by the payment service provider Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). You enter your payment details (e.g. card number) directly on a Stripe page; we do not receive this data. Stripe also processes the data as an independent controller for payment processing, fraud prevention and to fulfil its own legal obligations, and may transfer data to Stripe, Inc. in the USA. The transfer is based on the EU-US Data Privacy Framework or the standard contractual clauses of the EU Commission. More information: https://stripe.com/privacy.

AI chat (OpenAI)

The AI companion in the chat is available to signed-in users. When you use it, your message, the previous conversation (up to 20 messages), the selected topic, the app language and selected profile details (name, zodiac sign, interests and your statements about your current situation and wish) are transmitted via our server to OpenAI so that a response can be generated. The provider is OpenAI (OpenAI Ireland Ltd., Dublin, Ireland, or OpenAI, L.L.C., San Francisco, USA). The data may also be processed in the USA; the transfer is based on the EU-US Data Privacy Framework or the standard contractual clauses of the EU Commission. Our data processing agreement with OpenAI forms part of our contract with OpenAI.

According to OpenAI, data transmitted via the interface (API) is not used to train the AI models and is generally deleted after 30 days at the latest, unless there is a legal obligation to store it for longer. We ourselves do not store your chat messages on our servers; the chat history is only kept on your device (see above). To prevent misuse, we only count how many messages are sent per day from your account.

Please note: in the chat you decide for yourself what you share. Only enter information there that you want to share. If you voluntarily provide sensitive information (e.g. about your health or emotional well-being), we process it only to answer your message on the basis of your explicit consent (Art. 9(2)(a) GDPR), which you give by entering and sending it and which you can revoke at any time for the future by no longer using the chat. Otherwise, the legal basis is Art. 6(1)(b) GDPR (provision of the function you use). The AI’s responses do not replace medical, psychotherapeutic or other professional advice.

More information: https://openai.com/policies/row-privacy-policy/.

Source of sections 1 to 4 (German original): https://www.e-recht24.de