Privacy Policy

Thank you for your interest in Clay Health GmbH. We know that you have entrusted us with very sensitive health data and this is why your data security is our highest priority.

The use of the website (www.join-clay.com) of Clay Health is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary, for example, by subscribing to our newsletter. If the processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Clay Health. By means of this data protection declaration, our enterprise would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration. As the controller, the Clay Health has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transfers can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, e.g. by telephone.

1. Contact information and data protection officer

The responsible party for data processing pursuant to Article 4 (7) of the European Data Protection Regulation (GDPR) for the product at https://join-clay.com is Clay Health GmbH, C/o Pölking Schonensche Str. 1, 10439 Berlin, info@join-clay.com. You can reach our data protection officer at info@join-clay.com or at our postal address with the addition "the data protection officer".

1. Your rights

Under the so-called General Data Protection Regulation ("GDPR"), a law that governs your rights in relation to your personal data, you have the following rights:

• The right of access: you have the right to obtain (i) information on whether or not your personal data is being processed and, if so, (ii) access to and a copy of such data.

• Right to rectification: You have the right to request that we correct inaccurate personal data about you. You also have the right to have incomplete personal data completed.

• Right to Erasure: You may have the right to have us erase your personal information. At your request, Clay Health will permanently and irrevocably anonymize your information so that it is never reconstructed and you are no longer identifiable. However, this right is subject to certain conditions. Clay Health may, in certain cases, provide legal or legitimate reasons for the continued retention of such data.

• Right to restrict processing: In some cases, you may object to the processing of your personal data or request its restricted processing.

• Right to data portability: You have the right to obtain personal information that clay Health holds about you in a structured, commonly used and machine-readable format without Clay Health standing in the way. This right can only be exercised if the processing of your personal data is subject to your consent or a contract, and if the data processing is automated.

• Objection to processing: You have the right to object to the processing of your personal data at any time. For the explanation of your objection, you can contact us at any time via the contact channels mentioned in section 1 above and/or those listed in our imprint.

• Right to complain to your supervisory authority: You also have the right to lodge a complaint about our processing of your personal data with a data protection supervisory authority in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you is carried out unlawfully. The supervisory authority responsible for us is: Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, Tel.: +49 (0)30 13889-0, e-mail: mailbox@datenschutz-berlin.de.

• Right of revocation: If you have given us consent to process your data, you can revoke this consent at any time with effect for the future. The legality of the processing of your data until the revocation remains unaffected.

To exercise one or more of these rights, please contact us at info@join-clay.com or via the contact details set out in section 1.
We will respond to your request within a reasonable time in accordance with applicable law.

1. Processing of personal data within the framework of the use of the product of clay Health

The legal basis for our product is the execution of the mutual contract, which is concluded by agreeing to our terms of use or GTC during registration. The processing of your health data, on the other hand, is only based on your consent. A revocation is possible at any time. However, in the event of revocation of your consent, you will only be able to use the Clay Health product to a limited extent. The consent then remains lawful until revoked.
3.1 1:1 Sessions
You have the option to book a free 1:1 session with our psychologists. For the appointment booking we use Calendly. It is an appointment booking application of the company Calendly LLC, located at 271 17th St NW, Ste 1000, Atlanta, Georgia, 30363, United States. In this context, we process the following data:

• Your email address

• The desired meeting time (now or specific time)

We process the afore-mentioned data to process an appointment and will be stored until you request us to delete it or the purpose for storing the data no longer applies. You can view Calendly's privacy notice here.

For the execution of the 1:1 session, we use Google Meet. This is a communication tool of the company Google Inc. with its headquarters at 1600 Amphitheatre Parkway Mountain View, CA 94043, United States. In this context, you do not have to disclose any personal data or create an account, but simply click on the link sent by Clay Health with the invitation to the 1:1 session. The 1:1 sessions are not recorded. You can view
Google Meet's privacy notice here.

The processing of your personal data including health data (data that may relate to your physical or mental health) for the purpose of participating in the booked online session, including information that you disclose about yourself in the 1:1 session, is based on your explicit consent pursuant to Art. 6 para. 1 sentence 1 lit. a) in conjunction with Art. 9 para. 2 lit. a) DSGVO. You can revoke your consent at any time with effect for the future.


3.2 Self tests

In the course of the individual sessions of the Clay Health training plans, you have the opportunity to perform self-tests. For the implementation of these questionnaires, we use the service of Easy LMS (Easy LMS B.V., Oude Delft 48, 2611 CD Delft, The Netherlands). You can read more about this in the privacy policy of Easy LMS here.

3.3 Registration/User Account

When you register in the app and create a user account, we process the following personal data from you:

• Name and first name,

• E-mail address,

• a password of your own choice

We process the aforementioned data for the following purposes:

-To create and activate a user account for our product, so that you can log in to your user account with your account data in the future.
-To confirm your registration for our product by e-mail; for the registration we use the so-called double-opt-in procedure. This means that after your registration we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm your registration.
Insofar as the aforementioned processing relates to the registration for our offer and the activation of your user account, the legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b DSGVO (processing is necessary for the performance of a contract with the data subject).
3.3 Clay Health Club

In our Clay Health Club, you have the opportunity to exchange ideas with other users and our psychologists.
The Clay Health Club platform is moderated by a clay Health Coach. All users of the clay Health app have access to the content shared on this platform. Users of this platform agree to the duties or obligations set forth in the TOS regarding the Community Tool.
For the Clay Health Club platform, we use the tribe platform provided by tribe technologies Inc. located at 1607 - 22 Wellesley St. East, Toronto, ON, Canada. In this context, you must register with tribe and create a user account. In the course of this, the following data is processed:

• Your email address

• a password of your own choice

You can view tribe's privacy policy here.

The legal basis for the processing of personal data is Art. 6 para. 1 sentence 1 lit. b DSGVO (processing is necessary for the performance of a contract with the data subject). Insofar as you disclose/communicate health data about yourself in the context of using the Clay Health Club (data that may relate to your physical or mental health), the processing of this data is carried out at the request of the user for the purpose of using the Clay Health Club on the basis of your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a) in conjunction with Art. 9 para. 2 lit. a) DSGVO. You can revoke your consent at any time with effect for the future.
3.4 Online Workshops
In our clay Health Club you have the opportunity to participate in online workshops on specific topics.
The workshop is moderated by a clay Health Coach. Workshop participants agree to the duties and obligations that are determined in the terms and conditions regarding the community tool, as well as the participation rules:

• Privacy: clay's Club events take place in a safe space. You are allowed to ask anything. You can ask your questions anonymously in the chat and turning on the camera is optional. Video or audio recording during the workshop is strictly prohibited.

• Confidentiality: Everything that is discussed & shared remains in this room. The rules of participation apply to all participants - to all participants as well as to clay's psychologists. By booking the workshop you agree to this.

We use Calendly to book the workshop (see paragraph 3.1). You can view Calendly's privacy policy here.

For the execution of the online workshops we use Zoom of Zoom Video Communications, Inc. with the representation in the EU of Lionheart Squared Ltd, located at 2 Pembroke House, Upper Pembroke Street 28-32, Dublin, DO2 EK84, Republic of Ireland. In this context, you do not need to disclose any personal information or create an account but simply click on the link sent by Clay Health with the invitation to the workshop. The workshops will not be recorded. You can view Zoom's privacy notice here.

The processing of your personal data including health data (data that may relate to your physical or mental health) for the purpose of participating in the booked online workshop, including information that you disclose about yourself in the workshop, is based on your explicit consent pursuant to Art. 6 para. 1 sentence 1 lit. a) in conjunction with Art. 9 para. 2 lit. a) DSGVO. You can revoke your consent at any time with effect for the future.
3.5 Feedback

After participating in a 1:1 session, a workshop, etc., you have the opportunity to provide us with online feedback on your experience. Alternatively, you can also give us feedback by e-mail and tell us about your experiences and any suggestions for improvement.
If you make use of the opportunity to give us feedback, we will process the data you provide in this context (first and last name, and your telephone number in the case of feedback by e-mail) for the purpose of continuously improving our offering and our services.

Participation in feedback discussions is voluntary and is based on your express consent pursuant to Art. 6 (1) sentence 1 lit. a DSGVO.
3.6 Payment data
You process your payment for the clay Health product via the Apple App Store or Google Play Store. We therefore do not receive any payment data from you. For more information, please see the privacy notices of the Apps Store here and the Google Play Store here. PURCHASELY?????

1. Tracking technologies

Clay Health uses technologies such as cookies, beacons, tags, and scripts that allow us to recognize your device so that you do not have to enter the same information, such as username and password, multiple times during a transaction, and so that we can see how our products are being used.
4.1 Cookies
Clay Health's websites use cookies. Cookies are text files that are stored in a computer system through an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID. Through the use of cookies, the Clay Health can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for the user to use our website.
With the exception of mandatory/necessary cookies, the cookies listed below are only used on our website for analysis and marketing purposes with your express consent (Art. 6 (1) sentence 1 lit. a DS-GVO), insofar as you have clicked on the "Allow all cookies" button in the corresponding cookie banner during your first visit to one of our websites listed above or have selected the categories you wish to allow after clicking on "Individual settings/details".
You can revoke your consent at any time with effect for the future, e.g. by following the respective opt-out link for the service in question in the listing below or by deleting existing cookies in your browser.
The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

4.1.1 Mandatory / necessary cookies and tools.
Cookies used to authenticate our users are necessary to provide our product, including by ensuring basic functions of our product and providing access to secure areas of our product:

• Sentry deployment

In order to understand the source and cause of potential errors and crashes in our App, and to gain the insight necessary to reproduce and fix such crashes and provide you with the best possible experience when using our App, we use the Sentry service provided by Functional Software Inc. dba Sentry, 132 Hawthorne Street, San Francisco, CA 94107, USA, which allows us to track errors in real time. In this context, and if you experience an error or crash in our app, user data such as information about the device you are using and the time of the error or crash will be collected and analyzed solely for the purpose of learning about the particular error or crash and fixing such crashes, but not for any other purpose (such as advertising purposes), and subsequently deleted once the error or crash is fixed. You can view Sentry's privacy policy here.

The legal basis for the use of Sentry is our legitimate interest pursuant to Art. 6 (1) sentence 1 lit. f DSGVO. We have a legitimate interest in being able to track and fix errors in our services in order to ensure the most error-free and trouble-free experience possible for our users when using our services.
4.1.2 Advertising and marketing cookies
With your express consent, we use cookies for advertising purposes, specifically to be able to display advertising tailored to your interests on other websites with the help of the profiles on usage behavior created with the cookies (e.g., advertising banners clicked on, subpages visited) and to be able to measure the effectiveness of our advertising also on third-party websites (e.g., interaction with an advertisement). Third-party cookies are also used in this process. Specifically, we use the following third-party cookies/tools for advertising and marketing purposes:

• Facebook Ad Manager

With your consent, we use the Facebook Ad Manager of the social network Facebook (Facebook Ireland Ltd. Hanover Ranch, 5-7 Hanover Quay, Dublin 2, Ireland) on our website. It allows us to show our website visitors relevant advertisements from Facebook on the social networks of Facebook as well. Personal data is not collected or stored from you and you are not identifiable to us. You can find more information on data protection and your settings options here and here. You can change your cookie settings at any time with effect for the future and revoke your consent.

• Google Ads

Our website uses the Google Ads service. Google Ads is an online advertising program of Google Inc. located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. With the help of Google Ads we have the possibility to display targeted advertising, also on other websites of the Google display network. For this purpose, the interaction of users on our website is analyzed in order to be able to display targeted advertising to users on other sites even after they have visited our website. For this purpose, Google stores a cookie in the browsers of users who visit certain Google services or websites in the Google display network. This cookie is used to record the visits of these users. This cookie is used to uniquely identify a web browser on a particular computer and not to identify a person; no personal data is stored. You can find more information about data protection and your settings options here. You can change your cookie settings at any time with effect for the future and revoke your consent.
4.2 Tracking Tools
We use third-party trackers to let us know when users have visited the Products by clicking on our sponsored ads or content hosted on third-party platforms.

4.2.1 Google Analytics

We use Google Analytics from Google Inc. located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States to collect statistical data. Google Analytics uses cookies to accurately estimate the number of visitors to the website and the volume of website usage. You can find more information on data protection and your settings options here. .

4.2.2 Firebase

We use the Firebase tool from Google Inc. located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United State, to collect and track statistical data regarding performance on our App. Firebase allows us to monitor what is happening on the clay Health app. You can find more information about data protection and your settings options here.

4.3 Logfiles

Each time you use our app, we collect the data that your device automatically transmits, for example, to display the app correctly. These are in particular:

• IP address or details of the terminal device (e.g. iPhone, 7C:3D:XXX)

• Date and time of the request (e.g. 25.05.2019, 16:13)

• Information about the operating system of the end device (e.g. iOS 12.1)

The data processing is necessary to ensure the presentation of the app and its range of functions. The aforementioned data is also temporarily stored in internal log files for the purposes described above, in order to create statistical information about the use of our app, to further develop our app with regard to the usage habits of our visitors, and to administratively maintain our app.

1. Newsletter

When you sign up to receive promotional materials from us via email, we use the information you provide to deliver the communications you request.
For the provision of our newsletter, we use the service provider Sendgrid of the company Twilio Germany GmbH, located at Rosenheimer Str. 143C, 81671 Munich. The legal basis is your consent and the secure confirmation of your registration through the double opt-in process. We also measure your interactions with the newsletter, such as whether it was opened. This serves the legitimate interest of both parties to improve the content of the newsletter. Unsubscribing and deleting the associated data is possible at any time via a link in the emails. You can view
SendGrid's privacy policy here.

1. Storage period and deletion of data

We store your data only as long as this is necessary to provide the services you have requested or ordered, i.e. generally as long as a contractual relationship with you exists and/or your consent has been given.
After the respective processing purpose ceases to exist or in the event of the termination/cancellation of a contractual relationship or after your consent has been revoked, the corresponding data will be blocked or deleted by Clay Health, unless further storage is required due to statutory retention obligations (e.g. in accordance with the provisions of the German Commercial Code for contract-related communications and bookings), which we must comply with.
We store the data related to your user account for as long as you have a user account for the Clay Health offer. Your user account will be deleted by us as soon as the storage is no longer necessary, e.g. after you have terminated the user relationship with us or deleted your user account.