Privacy Policy

Privacy Policy

Effective date: May 14, 2020
In this Privacy Policy, we inform you about which personal data we collect in the context of your use of the Migrate App for macOS, and for which purposes your data is used. You can access this Privacy Policy at any time under https://migrate.binarieslab.com/privacy.

1. Controller / Contact

The controller within the meaning of the data protection laws is:
Binaries Lab UG (haftungsbeschränkt)
Lutherstrasse 50
06886, Wittenberg
Germany
If you have any questions or suggestions concerning data protection, please email us at legal@binarieslab.com.

2. Subject matter of data protection

The subject matter of data protection is personal data. Under Article 4(1) GDPR, this means any information relating to an identified or identifiable natural person; this comprises, for example, names or identification numbers.

3. Support requests

If you contact our support, we will collect and store the personal data transmitted by you for the purpose of processing your request. You are not obligated to provide personal data in your request, and you may contact us with a pseudonym at any time.
We will store your support requests for a period of 120 days from completion of your request, in order to ensure that your request has been successfully processed, and to enable us to understand which problems may have occurred in the past in the event of subsequent requests to help us with solving your request.
If you email us with a support request from our app, your email will contain some technical information concerning your device and your Migrate app that will assist us in helping you with technical issues. You may delete this information from your email if you do not want it to be transmitted to us. However, please note that we may then be unable to help you with technical issues.
We collect and process your data in order to answer your support request and in order to ensure defect-free operation of our product for you, Article 6(1) point (b) GDPR. If you contact us independently of a specific support request or a technical issue, we will collect and process your personal data based on our legitimate interest in being able to answer email queries and due to the fact that your interests are not overriding, point (f) of Article 6(1) GDPR.

4. Newsletter

We offer a free newsletter. The newsletter will inform you about our company and the development of our products, as well as about subjects connected to our products and services.
In order to receive our newsletter, please signup with Apple under your account information view. The newsletter is default turned off and you can turn it on by accessing Migrate’s preferences.
You can unsubscribe from the newsletter at any time. Every newsletter contains the information of how to unsubscribe from the newsletter effective for the future.
In such a case, the collection and processing of your personal data takes place in order to enable us to offer you the newsletter as ordered by you, Article 6(1) point (b) GDPR.

5. Transfer of data

In principle, your personal data will only be passed on without your explicit prior consent in the following cases:
5.1. If necessary, to investigate illegal use of our services, or for prosecution, personal data will be passed on to the law-enforcement authorities and potentially to harmed third parties. However, this will only be the case if there are any specific indications of illegal or abusive behavior. Data may also be passed on if this serves to enforce terms and conditions of use or other agreements. We are also legally required to provide information to certain public bodies on request. These are law-enforcement authorities, public authorities that pursue administrative offences subject to fines and the tax authorities.
These data are passed on based on our legitimate interest in fighting abuse, prosecuting criminal offences and the securing, assertion and enforcement of claims and that your rights and interests in protection of your personal data are not overriding, Article 6(1) point (f) GDPR or based on a legal obligation in accordance with Article 6(1) point (c) GDPR.
5.2. We depend on contractually bound third-party companies and external service providers for rendering our services (“Data Processors”). In such cases, personal data will be passed on to such Data Processors in order to permit further processing by them. We select our Data Processors with care and review them at regular intervals to ensure that your rights and freedoms are respected. The Data Processors must only use the data for the purposes specified by us, and are furthermore contractually obligated by us to treat your data only in accordance with this Privacy Policy, and the applicable data protection laws.
Data is passed on to Processors based on Article 28(1) GDPR, alternatively based on our legitimate interest in economic and technical advantages connected to the use of specialised processors, and the fact that your rights and interests in protection of your personal data are not overriding, Article 6(1) point (f) GDPR.
5.3. We also process your data in states outside of the European Economic Area (“EEA”).
For the USA, the European Commission resolved by its decision dated 12 July 2016 that there is an adequate level of data protection under the provisions of the EU-U.S. Privacy Shield (adequacy decision, Article 45 GDPR). We use the following service providers that are certified under the EU-U.S. Privacy Shield:
- Apple Inc
5.4. Within the scope of further development of our business, the structure of Binaries Lab UG (haftungsbeschränkt) may be changed by amending the legal form or by founding, purchasing, or selling subsidiaries, company parts or components. In such transactions, the customer information will be passed on together with the part of the company to be transferred. Every time personal data are transferred to third parties in the scope described above, we will ensure that this is effected in compliance with this Privacy Policy and the relevant data protection laws.
Any passing on of the personal data is justified by our legitimate interest in adjusting our corporate form to the economic and legal conditions if required and by the fact that your rights and interests in protection of your personal data are not overriding, Article 6(1) point (f) GDPR.

6. Change of purposes

Processing of your personal data for any other purposes than those described shall only take place to the extent that this is permitted by law, or if you have consented to the changed purpose of the processing activities. In case of further processing for other purposes than those for which the data was initially collected, we will inform you about such other purposes before further processing, and provide you with all other information relevant for such.

7. Erasure of your data

We erase or anonymise your personal data as soon as we no longer need them for the purposes for which we have collected or used them according to the above items.
After the end of these periods, the data will be deleted, except if the data is needed for a longer period due to statutory archiving periods, for criminal prosecution or to secure, assert or enforce legal claims. In such a case, the data will be blocked and is no longer available for further use.

8. Automated individual decision-making or measures for profiling

We do not use any automated processing processes to procure a decision, including profiling.

9. Your rights as data subject

9.1. Right of access
Upon request, you have the right to obtain from us at any time access to information on the personal data concerning you that are processed by us at the scope of Article 15 GDPR. For this purpose, you can send your request to the above address by mail or email.
9.2. Right to rectification of inaccurate data
You have the right to obtain from us without undue delay the rectification of the personal data concerning you if they are inaccurate. For this purpose, please contact the addresses named above.
9.3. Right to erasure
You have the right to obtain from us the erasure of the personal data concerning you under the prerequisites described in Article 17 GDPR. These prerequisites specifically stipulate an erasure right if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, and in cases of unlawful processing, upon objection or where there is an erasure obligation under European law or the law of the member state to which we are subject. In order to assert your above right, please contact the above addresses.
9.4. Right to restriction of processing
You have the right to request restriction of processing as contemplated by Article 18 GDPR. This right applies in particular when the accuracy of the personal data is disputed between the user and us, for the duration required to verify the accuracy, and if the user demands restricted processing instead of erasure if there is a right to erasure; furthermore, this right shall apply if the data is no longer required for the purposes pursued by us, but the user still needs them to establish, exercise or defend legal claims as well as if the successful exercise of the right to object is still disputed between us and the user. In order to assert your above right, please contact the above addresses.
9.5. Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format as contemplated by Article 20 GDPR. In order to assert your above right, please contact the above addresses.
9.6. Right to object
You have the right to object on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based, inter alia, on points (e) or (f) of Article 6(1) GDPR, as contemplated by Article 21 GDPR. We shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
9.7. Right to lodge a complaint
You have the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority is:
North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information
(Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen)
Kavalleriestr 2-4
40213 Düsseldorf
Germany
Phone: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de

10. Amendment to this data protection declaration

The developer reserves the right to amend this data protection declaration. The current version of the data protection declaration can be accessed at any time at https://migrate.binarieslab.com/privacy .