The Dawn Chorus App is an offer from:

You may use the App free of charge and register as a user. There is no age restriction for using the APP.

The following contractual rules are a prerequisite for using the app and you accept it by using the APP:

• You may not record and publish human voices. The user is liable for any violations.
• If copyright protection rights arise during the recording of the birdcalls, you grant Dawn-Chorus the comprehensive rights of use and editing for all media and forms of exploitation free of charge and without attribution/source reference.
• You agree to the granting of the simple, temporally, spatially and content-wise unrestricted and free rights of use without the obligation of a source reference to your bird song recordings.
• You assure Dawn-Chorus that you are the owner of the rights of use to all content that you upload to the APP and indemnify Dawn Chorus against all costs in the event of infringement of third party rights.
• When uploading images, you undertake that they do not show any persons and do not show any content other than the habitat from which the image originates.
• You accept that Dawn Chorus accepts no liability for the accuracy of the identification of bird calls.
• You acknowledge that Dawn Chorus has the right to delete your content or your account if you violate the app's terms of use. Dawn Chorus reserves the right to take further legal action.

Data Protection Information for the Dawn Chorus App

Introduction

In the following, we inform you about the processing of your personal data when using the Dawn Chorus app.

Controller and data protection officer

The controller within the meaning of Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is:

Log data

When you access our App, information is automatically sent from your device to the server of our app. This information is temporarily stored in a log file.

The following information is collected without any action on your part

• IP address of the requesting end device,
• Date and time of access,
• manufacturer, type and operating system of your device and the name of your access provider.

We process the aforementioned data for the following purposes

• Ensuring a smooth connection setup of the app,
• Ensuring convenient use of our app,
• Evaluation of system security and stability

Our legitimate interest follows from the above-mentioned purposes of data collection (Art. 6 para. 1 sentence 1 f GDPR). This data is deleted within 7 days. For convenient access to the Dawn Chorus APP, we store information in the device memory of your end device. In this way, we want to save you from having to enter your personal data again and again in forms or in the login area. You can remove this data again using the corresponding functions on your device

Account data

When you create your account in the Dawn Chorus App, we store your username and email address in order to set up and maintain your app account. We will use this data for transactional emails (e.g. account verification and password resets). We do this on the basis of our user agreement with you and our legitimate interest in providing you with secure access to our Dawn Chorus App.

If you no longer wish to be registered with the Dawn Chorus project, please contact info@dawn-chorus.org to let us know. We will then delete your account, username and email address.

Participation in the Dawn Chorus project

If you take part in the Dawn Chorus project, we will save all the data that you make available to us by uploading it to the app. Such data can be, for example, a sound recording, the GPS data of the recording location, photos, texts and your sound pen. We collect your personal data to carry out the Dawn Chorus project, in particular to use the results for scientific research and artistic projects. We do this on the basis of your consent, or on the basis of the user contract Art. 6 1 para. 1 lit. e GDPR. In order for you to use the app and participate in the project, we must request access or permission to the functions of your mobile device for the time you use the app: Camera, microphone and GPS. If you wish to change our access or permissions, you can do so in your device's settings.

Here we have explained in detail how we handle the data you provide:

Deletion of data from the Dawn Chorus database

We will only use and store this data for as long as it is necessary for the purposes for which it was collected. If you withdraw your consent or ask us to close your account, we will anonymize your data by deleting your email address and username. We do this on the basis of Art. 6 1 para. 1 lit. b and e GDPR. We continuously review what information we hold and delete what is no longer needed.

Disclosure of data to third parties

In the context of artistic and scientific questions, the recordings are only passed on in anonymized form. Your personal data will not be passed on to third parties for purposes other than those listed below. We will only pass on your personal data to third parties if

• you have expressly consented in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
• the transfer is carried out in accordance with Art. 6 para. 1 sentence 1 lit. e GDPR
• the disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data

App hosting and Dawn Chorus database

In order to provide our service securely and efficiently, we use the Coreo platform, a service provided by Natural Apptitude Inc. UK (subcontractor). UK data protection law is currently under review for a guarantee under Art. 45 GDPR. Until further notice, we have included the EU standard contractual clauses in our DPA.
Coreo Security: https://coreo.io/security/

Cookies

The Dawn Chorus app does not set cookies on the user's end device.

Newsletter

We only send newsletters with current information about the Dawn Chorus Project with your consent. The purpose of data processing is to inform you about the Dawn Chorus Project.

Double opt-in procedure:Registration for our newsletter always takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary to ensure that no one can register with other people's e-mail addresses. Newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address and your e-mail address. Changes to your data stored by the mailing service provider are also logged.

Unsubscribing and restriction of processing:You can unsubscribe from our newsletter at any time. To do so, use the unsubscribe link in the newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to provide evidence of previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. The logging of the registration process takes place on the basis of our legitimate interests for the purpose of proving the proper execution of the registration process.

Performance measurement:The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened. As part of this retrieval, meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times), technical information, such as information about the browser and your system, are collected. This information is used for the technical improvement of our newsletter based on technical data or target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked on. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of the mailing service provider used to observe individual users. Rather, the evaluations help us to recognize the reading habits of our users and to adapt our content accordingly or to send other content according to the interests of our users. The evaluation of the newsletter and the measurement of success are based on your consent. Unfortunately, it is not possible to revoke the performance measurement separately. In this case, the entire newsletter subscription must be canceled or revoked.

Service providers used
Sendinblue: Email marketing platform; Service provider: Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany; Website:https://de.sendinblue.com/; Privacy Policy: https://de.sendinblue.com/legal/privacypolicy

Social media presences

We maintain publicly accessible profiles in various social networks. If you are logged into your social media account and visit our social media presence, the operator of the social media is jointly responsible for data processing. We have no influence on the data processing by the provider. For details, please refer to the terms of use and privacy policies of the respective social media portals.

Our social media presences are intended to ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. The analysis processes initiated by the social networks may be based on different legal bases, which must be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 para. 1 lit. a GDPR).
If you visit one of our social media sites, we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. You can assert your rights (information, rectification, erasure, restriction of processing, data portability and complaint) both against us and against the operator of the respective social media portal.
We have no influence on the storage period of your data that is stored by the operators of the social networks for their own purposes. For details, please contact the operators of the social networks directly in their privacy policies.

Facebook presence

Service provider used: Meta Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Standard Contractual Clauses (Safeguarding the level of data protection when processing data in third countries): https://www.facebook.com/legal/EU_data_transfer_

Instagram presence

We operate a company presence on the Instagram platform. We are jointly responsible for this social media platform with Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland. Instagram's data protection officer can be reached via a contact form:https://www.facebook.com/help/contact/540977946302970.
Instagram processed data can be found in Instagram's data policy. For privacy information please see Facebook above.

Your rights

As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

• Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
• Right to withdraw consent: You have the right to withdraw your consent at any time.
• Right of access: You have the right to obtain confirmation as to whether or not the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with the statutory provisions.
• Right to rectification: You have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you in accordance with the statutory provisions.
• Right to erasure and restriction of processing: You have the right to obtain the erasure of data concerning you without undue delay in accordance with the law or, alternatively, to obtain the restriction of processing of such data in accordance with the law.
• Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller, insofar as this is permitted by law.
• Complaints to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority in accordance with the statutory provisions.

Changing and updating the data protection information

We ask you to inform yourself regularly about the content of our data protection notice. We will adapt the data protection notice as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or otherwise notify us individually.

Version 2.0

February 2025