User Registration

HYPE Insights is a service of HYPE Softwaretechnik GmbH , Trierer Str. 70-72, 53115 Bonn, Germany, with our managers Dr. Frank Henningsen (CEO) and Ralf Pollack (CFOO).

The registration at HYPE Insights and the usage is free of charge.

HYPE Insights will be available for an unlimited period of time (“Term”). However, we may decide to take HYPE Insights out of service anytime at our convenience. During the Term, you may register and unregister any time at your convenience.

Before entering HYPE Insights for the first time, please confirm that you have read, and agreed to the TOS, which contain: (I) PRIVACY POLICY, (II) USE OF THE MOBILE APPLICATION; (III) ACCEPTABLE USE POLICY (“AUP”), (IV) USER GUIDANCE, (V) INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION POLICY.

We reserve the right to change these Policy at any time. In this case you will be notified. The most recent version of our policies is always available within your user account or can be requested by email at legal@hype.de. If we change these policies, you will be asked to accept the changed version prior to your next login.

I.      PRIVACY POLICY

This policy will inform you about which personal data is involved, how it is processed and what rights you have in this regard, in particular with regard to the General Data Protection Regulation (EU) 2016/679 (GDPR). It applies to all services and features within HYPE Insights. If you have questions or concerns regarding this Privacy Policy, please contact us at dataprotection@hype.de. If you choose not to provide the requested personal information, you may not be able to proceed with the activity or obtain the benefit for which the personal information is requested (e.g., participation in HYPE Insights).

Purpose and legal basis of the processing of your personal data

Your account with personal data will be set up by us and your data will be processed within the tool to achieve these goals. Legal basis for the processing is our “legitimate interest” as of Art. 6 (1) lit. f GDPR, to be able to provide you HYPE Insights. We do not intend to further process your personal data for any other purpose but the those mentioned above.

Categories of recipients of your personal information

Your personal data will be processed by our employees and the employees of our subcontractors to be able to provide you HYPE Insights.

In addition, if we consider it necessary or appropriate, your personal data may be processed by relevant authorities and third parties: (a) to comply with our legal obligations; (b) to respond to requests from public and governmental authorities, which may include public and governmental authorities outside your country of residence; (c) to enforce our Terms and Conditions; (d) to protect our business; (e) to protect our rights, privacy, security or property; and (f) to enable us to use available remedies or limit the damages that may result.

Categories of personal information

We process your name, email address, IP address. We consider personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation as not necessary to fully enjoy HYPE Insights. Therefore, this kind of personal information shall not be shared within HYPE Insights at any time.

Personal data of children

HYPE Insights is intended for persons at the age of 13 years to 16 years with the consent of their parents. We do not want individuals under the age of 13 to provide personally identifiable information through these sites. We reserve the right to obtain proof of parental consent at any time in order to prevent the processing of personal data.

HYPE Insights User Community

When you establish a HYPE ID, you may participate in HYPE community activities, such as user forums and blogs. Any information that is disclosed in these community activities become public information and could be used by anyone to send you unsolicited messages, so you should exercise caution when deciding to disclose your personal information. HYPE is not responsible for any personally identifiable information you choose to submit in HYPE community activities. To request removal of your personal information from our blog or community forum, contact us at dataprotection@hype.de. HYPE may, from time to time, send an email (in accordance with applicable laws) regarding our products to users who have posted within HYPE Insights. Each participant’s opinion expressed in a newsgroup is his or her own and should not be considered as reflecting the opinion of HYPE.

Support

We may have the need to test databases with stored personal information (e.g. to solve performance issues). In this case personal information will be anonymized before conducting any tests, if such data is required to conduct such tests.

Cookies

When you use HYPE Insights, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of HYPE Insights, including for storing user preferences and tracking user trends. You can set your browser to notify you when sending a cookie, giving you the chance to decide to accept it. The name of used cookies, their usage and storage duration are as follows:

In addition to the HYPE Enterprise cookies, following cookies are used for User Guiding:

Most browsers are initially set up to accept cookies, but you can reconfigure your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services may not function properly if your cookies are disabled.

User Communications

When sending an email or other messages within HYPE Insights, we may retain those messages to process your inquiries, respond to your requests and improve HYPE Insights. For example, if you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your personal information, unless we are explicitly authorized by you to do so. We will collect information contained in such feedback and will treat any personal information contained in it in accordance with this Privacy Policy.

Transfer of the Data to a third country

We will only transfer your personal data to a country which offers guarantees ensuring an adequate level of protection of your personal data essentially equivalent to that ensured within the European Union.

Location of the data center

Our data center is at Lyoner Strasse 28, D-60528 Frankfurt am Main, Germany. We may use our ISO27001-certified hosting subcontractor to provide a new hosting environment and transfer the data to that data center. The data centers of our Hosting Partner is GDPR compliant and located in the EU.

Please note that the services will be moved to the Google Cloud in the near future. The moving is planned for the end of 2021 or early 2022.

The cloud provided by Google, as well as the associated servers, are surely ISO 27001 certified and surely also GDPR compliant.

Security of Processing

We take appropriate security measures for protection against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of you as the user, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Please take this into consideration while providing personal information.

Data Integrity

We process personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete and current, but we rely on our users to update or correct their personal information as necessary. We will retain your information for as long as your account is active. We will store and use your information if necessary to fulfill our legal obligations, resolve disputes and enforce our agreements.

Duration of storage

We store your data only as long as it is necessary for the respective purpose of storage. An exception exists if statutory provisions stipulate that we must store your personal data for a longer or shorter period of time.

Accessing, deleting and updating Personal Information

When you use HYPE Insights, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request as long as it is not otherwise required to be retained by law or for legitimate business purposes.

Therefore, if your personal information changes, you may correct, update, or delete inaccuracies by logging into HYPE Insights and making the change on the applicable information page or by contacting us at dataprotection@hype.de.

Additionally, you have the right to receive your personal information in a structured, commonly used and machine-readable format and you have the right to transmit those data without hindrance. However, this does not include personal information entered into an idea, comment or a similar object (“Object”) as the extraction of such kind of data would require unreasonable effort. Therefore, please do not enter any personal information into any of these Objects. To acquire your personal data, please contact us. We will ask you to identify yourself before processing such requests, and we may decline to process requests that would jeopardize the privacy of others.

Your personal data will be deleted as soon as there is no legal basis to process it or in case your data is inaccurate as stated above. However, this does not include personal information entered into an Object as the extraction of such kind of data would require unreasonable effort. Therefore, as above, please do not enter any personal information into any Object.

Enforcement

Please feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of personal information by contacting us at dataprotection@hype.de. We will respond to your request within 30 days. Furthermore, you have the right to lodge a complaint with the supervisory authority, Husarenstraße 30, 53117 Bonn, poststelle@bfdi.bund.de.

II.    Use of the Mobile Application

This Privacy Policy also applies to the use of Mobile Applications.

You have the option to use the Mobile Application as a Web App or as a Native App.

The mobile applications use the stored data, as soon as you use your camera, microphone or media galleries, as part of the application. Mobile applications also capture data such as the manufacturer, model, and operating system of your mobile device. The app does not access the location data of your mobile device.

When using the Native App, personal data such as the name of the creator of a comment or an idea is sent via push-messages through Google Firebase. Google Firebase stores and processes the data within the framework of the GDPR. In this respect, the data protection agreements of Google Firebase (https://firebase.google.com/support/privacy/) apply.

III.   Acceptable Use Policy

A. Unacceptable Use

HYPE Insights requires that all users conduct themselves with respect for others. In particular, observe the following rules in your use of the tool:

1. Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, confidential information or other intellectual property rights of any person or entity. Do not reproduce, publish or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder. A combination of openly known information (i.e. ideas) or the use of such information shall not be regarded as known until the combination or the use in itself has been publicly known. The fact that a general principle is openly known does not mean that the information covered by the principle is openly known.
2. Confidential Information: Do not share confidential information or information which is by the nature of its context typically classified as confidential within HYPE Insights.
3. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
4. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s permission. Do not cooperate in or facilitate identity theft.
5. Hacking, Viruses & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communication system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
6. Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way.
7. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
8. Violations of Law: Do not violate any law.

B. Consequences of Violation

Violation of this AUP may lead to suspension or termination of your account or to legal action. In addition, you may be required to pay for the costs of investigation and remedial action related to AUP violations. We reserve the right to take any other remedial action we seem fit.

C. Reporting Unacceptable Use

We request that anyone with information about a violation of this AUP report it via e-mail to the following address: legal@hype.de. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.

IV.      USER GUIDANCE

When using HYPE Insights, the operator has the option of using UserGuidance. UserGuiding is fully compliant with the GDPR. You can read details about their GDPR compliance, the kinds of data that they collect, and procedures to handle GDPR-related requests on their Privacy Policy. You can also take a look at their Terms of Service and Cookie Policy

V.    Intellectual Property and Confidential Information

HYPE’s Idea systems purpose is to allow users to share their ideas and thoughts. Those ideas and comments will be seen and shared with other users or entities. Therefore, during the use of HYPE Insights, the user must not share Intellectual Property or Confidential Information (jointly “Information”) owned by a Third Party (e.g. her/his employer’s or cooperation partners’) without the Third Party’s consent or Information which she/he cannot demonstrate was properly disclosed by this Third Party. The user understands that divulging any Information could cause significant damage if the Information would become known to another Third Party.

A combination of openly known information (i.e. ideas) or the use or the implication of such information shall not be regarded as known until the combination, the use or the implication in itself has been publicly known. The fact that a general principle is openly known does not mean that the information covered by the principle is openly known.

As we participate in the Idea System, we shall own non-exclusive, timely unlimited and worldwide right and shall be entitled to the unrestricted use and dissemination of submitted ideas and comments for any purpose, without acknowledgment or compensation of the respective users. Therefore, users shall not send ideas or comments that they expect to be paid for or want to continue to own or claim exclusive right to.

VI.   Copyright Notice Policy

A. Copyright Policy

This policy statement lists HYPE’s requirements for notice of copyright infringement and for responses to such a notice if the user’s materials are accused.

HYPE uses the copyright infringement procedures of the US Digital Millennium Copyright Act.

B. Copyright Notice

For claims of copyright infringement, please contact legal@hype.de. That written communication should include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HYPE to locate the material.
4. Information reasonably sufficient to permit HYPE to contact the complaining party, such as an address, telephone number, and, if available an e-mail-address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of a right that is allegedly infringed.

C. Counter-Notice by Accused User

If you are a user and HYPE has taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to legal@hype.de. That written communication should include the following:

1. A physical or electronic signature of the user.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The user’s name, address, and telephone number, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

D. Termination

HYPE will terminate the accounts of user who are copyright infringers.