Privacy Policy

Last updated: January 30, 2025 (v1.00)

This Privacy Policy has been updated to comply with the EU General Data Protection Regulation (GDPR). We act as a data controller for the personal information we collect and process. Our Data Protection Officer can be contacted at dpo@explai.com.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to explai GmbH, Rathenower Straße 13, 10559 Berlin, Germany.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Germany
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to explai GmbH, accessible from https://www.explai.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Legal Basis for Processing Personal Data

Under GDPR, we process your personal data on the following legal bases:

Your explicit consent
Performance of a contract with you
Compliance with legal obligations
Our legitimate interests, provided they don't override your fundamental rights and freedoms
Protection of vital interests
Performance of a task carried out in the public interest

Your Data Protection Rights

Under GDPR, you have the following rights:

Right to access your personal data
Right to rectification of inaccurate personal data
Right to erasure ('right to be forgotten')
Right to restrict processing
Right to data portability
Right to object to processing
Right to withdraw consent at any time
Right to lodge a complaint with a supervisory authority

To exercise these rights, please contact us at dpo@explai.com

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. For each type of personal data we collect, we will inform you whether providing the data is mandatory or optional and the consequences of failing to provide mandatory data.

Personally identifiable information may include, but is not limited to:

Email address (mandatory for account creation)
First name and last name (mandatory for account creation)
Phone number (optional)
Usage Data (automatically collected)

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

We use a cookie consent management platform to obtain your explicit consent for non-essential cookies. You can:

Accept or reject different categories of cookies
Change your cookie preferences at any time
Withdraw your consent for future data collection

The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

International Data Transfers

We transfer your personal data to countries outside the European Economic Area (EEA) only when:

The European Commission has issued an adequacy decision for that country
We have implemented appropriate safeguards such as Standard Contractual Clauses
You have explicitly consented to the transfer after being informed of the risks
The transfer is necessary for one of the other reasons set out in the GDPR

Automated Decision Making and Profiling

We may use automated decision-making or profiling in the following circumstances:

Where it's necessary for entering into or performance of a contract
Where it's authorized by EU or Member State law
Where it's based on your explicit consent

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service
To manage Your Account: to manage Your registration as a user of the Service
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service
To contact You: By email, telephone calls, SMS, or other equivalent forms of electronic communication
To provide You with news, special offers and general information about other goods, services and events
To manage Your requests: To attend and manage Your requests to Us
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets
For other purposes: Such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns

Data Retention Periods

We retain different types of personal data for different periods:

Account information: Duration of your account plus 30 days
Usage data: 12 months from collection
Communication records: 24 months from last contact
Financial transactions: 7 years (legal requirement)

Security Measures

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

Encryption of personal data
Ability to ensure ongoing confidentiality, integrity, availability
Regular testing and evaluation of security measures
Data protection impact assessments for high-risk processing

Data Breach Notification

In case of a personal data breach, we will:

Notify the relevant supervisory authority within 72 hours
Inform affected individuals without undue delay if the breach is likely to result in a high risk to their rights and freedoms
Document all breaches, including facts, effects, and remedial action taken

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

For any privacy-related queries, you can contact us:

By email: dpo@explai.com
Postal address: Rathenower Straße 13, 10559 Berlin, Germany

For EU residents, you have the right to lodge a complaint with your local data protection authority if you are unhappy with how we have handled your personal data.