Privacy Statement City App Tour B.V.

Privacy Statement CityAppTour

CityAppTour is registered with the Chamber of Commerce under number 87895013 and is located at Kosterij 5 A Room 2 (1721 PN) in Broek op Langedijk, The Netherlands. This document explains how CityAppTour handles the processing of your personal data, both through the website cityapptour.com and through the CityAppTour mobile app. In processing your personal data, CityAppTour exercises the greatest possible care.

Acquisition of personal data
If you use CityAppTour's services, you yourself provide some personal data to CityAppTour, or personal data is obtained from you in the context of the agreement. Personal data means any data relating to an identified or identifiable natural person.

Categories of personal data
CityAppTour processes the following categories of personal data:

  • Contact and name and address details, including phone number and e-mail address;
  • Company details, including VAT number and Chamber of Commerce number;
  • Divergent delivery address;
  • Financial data;
  • Account details, which also include your password and username;
  • Precise location data (GPS), including background location, accessed through the CityAppTour mobile app;
  • Other personal data provided by yourself.

The CityAppTour mobile app and location data
The CityAppTour mobile app uses your device's location (GPS) to provide its core functionality: showing your position on the map and guiding you along self-guided audio tours, including step-by-step directions and automatically playing audio fragments as you approach points of interest along the route.

For these features to work while you are walking a tour, the app accesses your location in the background - that is, while the app is minimized or your screen is switched off - so the tour continues to function with your phone in your pocket.

Your location is used only on your device to provide these features. CityAppTour does not store your location data, does not transmit it to its servers, and does not share it with third parties.

Granting location access is optional. The app will ask for your permission before accessing your location, and you can refuse or withdraw this permission at any time through your device settings. Without location access, certain features such as automatic positioning and audio playback will not be available.

Purpose of processing
The personal data processed by CityAppTour are for the purpose of:

  • contacting you to inform you about the services you have purchased and their implementation;
  • providing its services, including location-based navigation and audio playback within the mobile app;
  • improving its services;
  • being able to make payments;
  • being able to fulfil legal obligations;
  • marketing and communication expressions, including improving the website by analysing visitor behaviour on the website;
  • being able to send newsletters;
  • exchanging data with third parties for the purpose of providing services, as necessary.

Basis of processing
The processing of personal data is only possible on the basis of the following bases: (i) legal obligation, (ii) performance of agreement, (iii) (explicit) consent obtained from data subjects, and (iv) legitimate interest. Personal data are processed when providing CityAppTour's services. CityAppTour only processes data which it considers necessary for (the improvement of) the services and treats with care the (personal) data it has collected about you and your use of the services. The basis for processing these data is the agreement you have entered into with CityAppTour. Personal data of you may also be processed by visiting the website cityapptour.com, or by using location features in the mobile app, if you have given your consent.

Need processing
The processing of your personal data is necessary to perform the services. The services offered by CityAppTour cannot be fully performed without the processing of your personal data. If specific purposes relating to personal data require your explicit consent, you must give your consent separately.

Automated decision-making
If there is any automated decision-making, this decision-making is done by computer systems and/or computer programmes without the intervention of human action. The data subject is responsible for the data he or she provides and which are used at the time of automated decision-making. If the data prove to be incorrect or incomplete, any damage resulting from this will be at the expense and risk of the data subject. This also includes the non-, untimely or incorrect execution of the agreement.

Retention period
Personal data processed by CityAppTour shall be retained in accordance with the relevant laws and regulations. If a longer retention period is necessary on the basis of laws or regulations, the personal data will be kept longer in accordance with these requirements. All personal data obtained will not be kept longer than strictly necessary. Location data accessed by the mobile app is not retained, as it is processed only on your device.

Third-party processing
CityAppTour only shares personal data with third parties if strictly necessary for the performance of an agreement and to comply with relevant laws and regulations. No personal data is sold. CityAppTour may have a legal obligation to share personal data with third parties. If personal data is shared with third parties, processing agreements are concluded for this purpose. The third parties with which personal data are shared are:

  • The Payment Provider, for the purpose of executing an agreement. The categories of personal data processed are financial data.
  • The Bookkeeper, for the purpose of executing an agreement. The categories of personal data processed are contact and name and address details and financial data.
  • Software suppliers, for the purpose of executing the agreement. The categories of personal data processed are contact and name and address details.
  • Website administrator, for the purpose of executing the agreement. The categories of personal data processed are contact and name and address details.
  • Engaged third parties, for the purpose of executing the agreement. The categories of personal data processed are contact and name and address details.

Security of Personal Data
CityAppTour takes the protection of your personal data seriously and in this regard, taking into account the state of the art, implementation costs, as well as the nature, scope, context and purposes of processing and the risks to the rights and freedoms of individuals that vary in terms of likelihood and seriousness, takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

Younger than 16?
If you are a minor, i.e. under 16, you may only consent to the processing of your personal data with the consent of one of your parents or legal guardian. It is then important that your parent(s) or guardian reads this statement. They can also exercise the rights you have in relation to the personal data you leave with us, such as the right to oppose the (further) processing of your personal data or the right to access and correct your data.

E-mail newsletter and other marketing mails
You can register for a newsletter and/or other commercial offers through the website. When you register, CityAppTour requests your consent to process your e-mail address for the purpose of sending you marketing e-mails containing the latest information on products and services, special offers and marketing campaigns. You will only receive marketing emails where you have given your consent to do so.
Your consent also includes your approval of the fact that CityAppTour may personalise the content of marketing emails in accordance with your needs and interests based on any user profile created for you.
You may withdraw your consent to send marketing emails at any time by clicking on "Unsubscribe" at the bottom of marketing emails. The withdrawal of consent does not affect the lawfulness of the processing carried out prior to the withdrawal of consent.

Rights of data subjects
As a data subject, you have the following rights:

  • Right of access; you have the right to obtain clarification as to whether or not your personal data are being processed and, where this is the case, to obtain access in relation to their processing.
  • Right to rectification; you have the right to obtain rectification and completion of inaccurate data.
  • Right to data erasure; without unreasonable delay, a data subject must obtain erasure of personal data concerning him.
  • Right to restriction of processing; you have the right to restrict the processing of your personal data. To do so, please contact CityAppTour.
  • Right to data portability; a data subject has the right to obtain the personal data concerning him that he has provided to CityAppTour in a structured, common and machine-readable form in order to transfer such personal data to a third party, if necessary. A data subject may also instruct CityAppTour to transfer such data directly to a third party.
  • Right to object; the data subject shall have the right to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him including profiling. CityAppTour shall cease processing the personal data unless there are compelling legitimate grounds for the processing which override the interests, freedoms and rights of the data subject.

Complaint
If you have a complaint about CityAppTour's handling of your personal data, or wish to exercise any of the above rights, please contact us via the website or by email at [email protected]. CityAppTour will respond to your request as soon as possible, but at the latest within 4 weeks. To verify your identity, CityAppTour may ask you for additional information where there is reasonable doubt about the identity of the person making the request. You can also file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). You can contact them via this link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons.

Privacy statement changes
CityAppTour may update its privacy statement at any time. The most recent version is published on the website. Therefore, always keep an eye on the website for the most recent version. If the new privacy statement affects the way CityAppTour processes data already collected in relation to you, CityAppTour will inform you by e-mail.