Privacy Notice

Privacy Notice for the WhatsApp Chatbot of MAIK mit AI UG

1. Controller

MAIK mit AI UG (limited liability company under German law)
c/o MML GmbH
Lagerstrasse 36
20357 Hamburg
Germany
Managing Director: Maik Nöcker
Email: maik@noecker.biz

The controller within the meaning of the General Data Protection Regulation (GDPR) is MAIK mit AI UG.

2. Use of WhatsApp

We use WhatsApp Business as a messaging service for communication with our users. Use of our WhatsApp chatbot requires that you have your own WhatsApp account. The privacy policies of WhatsApp apply in addition.

By contacting us for the first time via WhatsApp, you consent to the processing of your personal data in accordance with this privacy notice.

3. Purpose of Data Processing

We process your personal data for the following purposes:

• to provide automated responses and services via our WhatsApp chatbot,
• to provide paid digital services to end customers (B2C),
• to process payments, subscriptions and billing,
• to handle inquiries and provide customer support,
• to improve the quality, security and functionality of the chatbot,
• to comply with statutory consumer, commercial and tax obligations.

4. Categories of Data Processed

When using the WhatsApp chatbot, we process in particular:

• Communication data
  Content of messages you send (chat history), including any attachments
• Communication metadata
  e.g. WhatsApp ID, telephone number, message ID, timestamps, technical status information
• Consent and log data
  e.g. consent to this privacy notice

If you voluntarily provide additional personal data (e.g. name, email address), this data will also be processed.

5. Legal Basis for Processing

Your personal data is processed on the basis of:

• Art. 6(1)(a) GDPR (consent), insofar as you consent to the use of the WhatsApp chatbot,
• Art. 6(1)(b) GDPR (performance of a contract), insofar as processing is necessary for the conclusion and performance of a paid, monthly cancellable subscription,
• Art. 6(1)(c) GDPR, insofar as we are subject to statutory retention obligations,
• Art. 6(1)(f) GDPR (legitimate interest), in particular to ensure IT security, prevent misuse and improve our services.

6. Use of Chatbot and AI Technologies

We use AI-based language models to automatically respond to your messages. For this purpose, your inputs are transmitted to connected technical service providers in order to generate appropriate responses.

The transmitted data is not used to train publicly available AI models.

7. Recipients and Processors

To provide and operate the WhatsApp chatbot, we use carefully selected external service providers acting as data processors within the meaning of Art. 28 GDPR, who process personal data solely on our instructions. These include in particular:

• Scaleway S.A.S., France (EU)
  Hosting and storage of data on servers located within the European Union.
• Meta Platforms Ireland Ltd. (WhatsApp Business)
  Provision of the WhatsApp messenger service and transmission of messages and communication metadata in accordance with the WhatsApp Business Terms.
• Stripe Payments Europe Ltd.
  Processing of payment transactions, where paid services are offered.
• Chargebee Inc.
  Subscription, contract and billing management. Paid subscriptions are concluded via an external Chargebee checkout page.
• Langfuse GmbH, Germany
  Analysis, monitoring and quality assurance of AI-based applications.
• Celonis, Inc. (Make.com)
  Automation and technical orchestration of processes.

Data processing agreements pursuant to Art. 28 GDPR have been concluded with all service providers where required.

8. Transfers to Third Countries

Where the use of certain service providers (e.g. Meta, Stripe, Chargebee, Celonis/Make.com) involves the transfer of personal data to third countries, in particular the United States, we ensure that appropriate safeguards pursuant to Art. 44 et seq. GDPR are in place.

These safeguards include in particular:

• the conclusion of EU Standard Contractual Clauses (SCCs),
• additional technical and organisational security measures,
• where applicable, participation of providers in the EU–U.S. Data Privacy Framework.

Copies of the relevant safeguards can be provided upon request.

9. Data Retention

We store your personal data only for as long as is necessary for the purposes stated above or as required by statutory retention obligations.

• Chat and usage data is generally deleted or anonymised once it is no longer required for service provision.
• Billing and payment data is retained for up to 10 years in accordance with statutory retention requirements.
• Data processed solely on the basis of your consent is deleted after withdrawal of consent, unless another legal basis applies.

10. Your Rights

You have the right at any time to:

• request access to your personal data (Art. 15 GDPR),
• request rectification of inaccurate data (Art. 16 GDPR),
• request erasure of your data (Art. 17 GDPR),
• request restriction of processing (Art. 18 GDPR),
• object to processing (Art. 21 GDPR),
• withdraw your consent at any time with effect for the future.

To exercise your rights, a simple notification to the contact details above is sufficient.

11. Withdrawal, Cancellation and Deletion in the WhatsApp Context

You may end the WhatsApp chat at any time and delete the chat history in your WhatsApp app.

If you have concluded a paid, monthly cancellable subscription, you may cancel it at any time using the cancellation functions provided by Chargebee. Cancellation of the subscription does not affect statutory retention obligations for billing and payment-related data.

You may also request the deletion of your personal data at any time, provided that no statutory retention obligations or overriding legitimate interests prevent such deletion.

12. Data Security

We implement appropriate technical and organisational measures to protect your data against loss, misuse and unauthorised access. Communication takes place in encrypted form.

13. Changes to this Privacy Notice

We reserve the right to amend this privacy notice to reflect changes in legal requirements or technical developments. The current version will be made available to you within the WhatsApp chat.