Privacy Policy
Convenience translation. This English version is provided for your convenience only. Only the German version is legally binding; in case of any discrepancy, the German version prevails. Deutsche Fassung
1. Controller
upup.berlin GmbH
Hauptstraße 13, 10317 Berlin, Germany
Represented by its managing director Maximilian Mandelbaum
E-mail: mail@ezrushes.com · Phone: +49 151 285 98 131
Further details are given in the imprint.
2. Overview: our roles
This policy describes which personal data we process when you visit ezrushes.com, use a customer account,
open a review portal (<customer>.ezrushes.com) or use the ezRushes Android app.
We are the controller for the website, the customer accounts, the app diagnostics (crash reports, feedback, update check) and content reports. The content of the review portals, on the other hand, we process on behalf of our customers (processing on behalf of a controller under Art. 28 GDPR); the controller for it is the respective customer, i.e. the crew or production that sent you the link to the portal (section 7).
3. Hosting, server logs & e-mail
We run the website, customer accounts, review portals, databases and our mailbox with the host ALL-INKL.COM – Neue Medien Münnich in Germany, which acts as our processor.
With every request the server processes technically necessary access data: IP address, date and time, requested address, referring page, browser identifier, status code and amount of data transferred (server logs). The purpose is delivering the pages and the operation and security of the service (Art. 6(1)(f) GDPR).
E-mails to and from mail@ezrushes.com are also processed by the host. We send service e-mails to the address you provide, such as the contract confirmation, notices about your portal’s storage usage and replies to your enquiries.
4. Cookies & local storage
We only use cookies and local storage that are necessary for the functions you use (§ 25(2) no. 2 TDDDG). We do not use analytics, advertising or third-party cookies. We process the data to provide the customer account and the portal (Art. 6(1)(b) GDPR) and on the basis of our legitimate interest in secure and convenient operation (Art. 6(1)(f) GDPR).
| Name | Where | Purpose | Lifetime |
|---|---|---|---|
PHPSESSID | ezrushes.com | Session: sign-in to the customer account, protection of the forms against misuse and – for a customer’s invitation link – crediting the invitation bonus when you register. Only set when you sign in or register, open the customer account or a form (appointment request, content report) or arrive via a customer’s invitation link (?ref=). Campaign links (utm_…) set no cookie. | Until the end of the browser session |
ezr_acct | ezrushes.com | “Stay signed in on this device”: restores your sign-in after a browser restart. Only if you tick the box when signing in (not pre-selected). Contains account number, expiry date and a signature. | 180 days, extended on use; “Sign out” deletes it |
PHPSESSID | Review portals | Session for admin sign-in and PIN access; bound to the respective portal. | Until the end of the browser session |
ezr_admin | Review portals | “Stay signed in on this device” at admin sign-in: only if you tick the box (not pre-selected). | 180 days, extended on use; signing out deletes it |
ezrpin_… | Review portals | One cookie per project: remembers, after the correct PIN or opening a personal project link, that this device may view the project. A new PIN invalidates it. | 90 days (fixed) |
| Local storage (localStorage) | Review portals | Display settings and convenience: your name for comments, list or grid view, grouping by day, filter bar, LUT choice, “new since your last visit” marker, introductions and notices already seen. Stays in your browser; the name is only transmitted when you send a comment. | Until you clear it in your browser |
5. Website statistics
We keep self-hosted access statistics without cookies and without third parties. When a page of ezrushes.com is opened, a small script sends a message to our own server. We store: time, page opened, the domain name of the referring page (external pages only), the device type (mobile or desktop, derived from the browser identifier) and – if you arrived via an invitation or campaign link – its tag, only for the page view of that link: the tag is part of the address opened, and the statistics read no cookie for it.
We do not store your IP address. To be able to count visits per day, we create a short hash from the IP address and a random key that is newly generated every day; the previous day’s key is discarded. The statistics are therefore pseudonymised; we do not attribute them to you as a person. Known bots and requests without JavaScript are not recorded.
Purpose: we want to understand which pages are used and how visitors find us, including our referral programme (Art. 6(1)(f) GDPR). We delete the entries after 14 months. You can object to this at any time (section 14); technically you can prevent it by disabling JavaScript or using a content blocker.
6. Customer account & contract
When you register, we collect company, first and last name, billing address, VAT ID or tax number, e-mail address, password (only a hash is stored), the desired portal address, how you heard about ezRushes (with optional details) and the time of your confirmation that you are acting as a business. To confirm your e-mail address, we send a link to the address you entered; until you confirm, we store the registration details for at most 48 hours and delete them afterwards. When a contract is concluded, we store plan, start, term and price as well as the accepted version of the Terms & Conditions and the time of acceptance. An e-mail to our mailbox informs us about registrations and contracts; we issue invoices separately with the accounting software sevDesk and send them to you by e-mail.
The purposes are performing the contract, providing the portal, invoicing and customer communication (Art. 6(1)(b) GDPR) and complying with statutory retention obligations (Art. 6(1)(c) GDPR).
We also log events such as registration, conclusion of a contract and the start and end of a Pro preview with the time and – if available – the tag of the customer’s invitation link you came through. If you came via another customer’s invitation link, you both receive a bonus; the inviting customer only sees the number of invitations counted. The legal basis for the bonus is Art. 6(1)(b) GDPR, and for our analysis of how customers find us Art. 6(1)(f) GDPR.
7. Review portals (processing on behalf)
In our customers’ portals we process on behalf of the respective customer: uploaded clips and thumbnails (which may show people), metadata such as file names, folders, recording time, duration and camera values, comments with the name given, ratings (such as Select, Maybe, Reject), project PINs, the e-mail addresses the customer enters for notifications, and the names and app versions of paired devices. The customer is the controller; please address requests about this data to them first – we support them in this. We use portal content exclusively to provide the portal and do not pass it on to third parties; our host is involved as a sub-processor.
Upload notifications: If the customer enters e-mail addresses in a project, the portal sends a summary e-mail to these addresses after new uploads: number and names of the new clips, length and folder as well as a personal link that opens the project without the PIN. The sender is “<customer> via ezRushes” with the address mail@ezrushes.com. If you no longer want to receive these e-mails, ask the customer to remove your address from the list, or write to us.
Deletion: The customer can delete clips and projects at any time and set automatic deletion after a set number of days for each project. When the Pro plan ends, the account continues as Free and the content is retained. If the customer cancels the entire customer account or requests deletion, we delete the customer account and portal content within 30 days; database backups (without video files) are overwritten after 180 days at the latest.
8. Android app
The ezRushes app runs on the customer’s DJI remote controller. It contains no advertising or analytics SDKs.
- Pairing and uploads: After pairing with a portal, the app stores the portal address and a device key. It transfers new proxy clips from the remote controller’s cache with thumbnail and metadata, as well as the state of the upload queue, to this portal. We process this data on behalf of the customer (section 7).
- On-device text recognition (Google ML Kit): If you use the feature and allow screen capture (in ezRushes or via the ezBTS app), the app reads camera values such as iris, shutter, ISO/EI, white balance, lens, codec, resolution, frame rate and timecode from the display of the DJI app. The images are analysed exclusively on the device with Google ML Kit text recognition and are not transmitted; only the recognised values are sent to the portal with the clip. The ML Kit library may send usage and diagnostic data to Google, such as device model, Android version, app name and version and information about the use and performance of the text recognition. This may involve a transfer to Google LLC in the USA; Google LLC is certified under the EU-U.S. Data Privacy Framework (adequacy decision, Art. 45 GDPR). The legal basis is Art. 6(1)(f) GDPR: our interest in reliable text recognition that works without transmitting screen content. Without screen capture, the text recognition is not used.
- Automatic crash reports: If the app crashes, it stores a report on the device and sends it automatically at the next start to our server (ezrushes.com), which forwards it by e-mail to our mailbox. The report contains the time, the error message with stack trace, manufacturer and model of the device, Android version and build, language setting, app version, portal address and project, app settings, memory usage, the last lines of the app’s own log (which may contain clip file names, portal addresses and recognised camera values), a random installation ID (not a device identifier) and the IP address of the device. After successful sending, the app deletes the report on the device.
- Report when storage is full: If the portal refuses an upload because storage is full, the app reports this to us at most once a day: used and available storage, name and size of the affected clip and the same device, app and portal details.
- Feedback: If you send us a message via the app, it transmits your text together with the app settings, device model, installation ID, app version, portal address and the IP address of the device by e-mail to our mailbox.
- Update check: At every start the app fetches
ezrushes.com/app/version.json; if you decide to update, it downloads the new version from ezrushes.com. Only the usual access data is involved (section 3).
The purpose of crash reports, storage reports and the update check is error-free operation, support and the security of the app (Art. 6(1)(f) GDPR); we handle feedback for customer support (Art. 6(1)(b) and (f) GDPR). We delete these reports as soon as they are no longer needed for error analysis or handling. To limit misuse of this reporting channel, we count the reports per sender under a short hash of the IP address formed with a secret key (not the IP address itself) and delete these counters after one day.
9. Appointment requests & e-mail contact
Via the form at ezrushes.com/book we collect name, company/production, e-mail address, time zone, preferred times, your message and – optionally – a WhatsApp number. We use this information exclusively to answer your enquiry and arrange an appointment (Art. 6(1)(b) GDPR, pre-contractual measures, and your consent under Art. 6(1)(a) GDPR, which you can withdraw at any time with effect for the future). The enquiry is stored with the host and sent by e-mail to our mailbox and as a copy to you. To protect the form against misuse, we also store with the enquiry a short hash of your IP address created with a secret key (not the IP address itself). We delete stored enquiries after 180 days; if a contract is concluded, the statutory retention periods apply. The same applies if you write to us directly by e-mail.
WhatsApp: If you provide a WhatsApp number, we may also contact you via WhatsApp. The provider is WhatsApp Ireland Limited (Ireland). In this case data – in particular your phone number and connection data; message content is end-to-end encrypted – is also transferred to Meta Platforms, Inc. in the USA (third-country transfer). This is based on the European Commission’s adequacy decision on the EU-U.S. Data Privacy Framework, under which Meta is certified (Art. 45 GDPR), and on your consent (Art. 6(1)(a) GDPR). If you do not want this, leave the field empty – we will then reply by e-mail.
10. Reporting content
Via ezrushes.com/report or by e-mail you can report content that you consider illegal. We process the location (URL), the type of problem, your explanation, your name, your e-mail address, your statement that the information is accurate and the time. We do not store your IP address with the report; to limit the number of reports, we merely count them under a short hash of the IP address created with a secret key and delete these counters after one day. The report is stored and sent to our mailbox; if you have given an e-mail address, you receive an acknowledgement of receipt and later our decision by e-mail.
The purpose is handling the notice under Art. 16 DSA (Art. 6(1)(c) GDPR) and documenting how it was handled (Art. 6(1)(f) GDPR). We may share the content of the notice with the affected customer when we give reasons for a measure; we only pass on your name and e-mail address where this is strictly necessary (Art. 17(3)(b) DSA).
11. Recipients & third countries
- Our host ALL-INKL.COM – Neue Medien Münnich (Germany) as processor for all areas mentioned above.
- sevDesk GmbH (Offenburg, Germany), our accounting and invoicing software, as processor for invoicing and accounting (company, address, VAT ID, e-mail address and contract details).
- WhatsApp Ireland Limited and Meta Platforms, Inc. (USA), only if you provide a WhatsApp number with an appointment request (section 9).
- Google, for ML Kit’s usage and diagnostic data in the app (section 8).
Beyond this, we only transfer personal data where this is necessary to perform the contract or to comply with legal obligations (for example in accounting and tax) or where you have consented. Data only reaches countries outside the EU/EEA in the cases of WhatsApp/Meta and Google mentioned above, in each case on the basis of the EU-U.S. Data Privacy Framework.
12. Retention periods
| Data | Retention |
|---|---|
| Server logs (host) | As long as necessary for operation and security |
| Website statistics | 14 months |
| Customer account and contract data | For the lifetime of the customer account; deletion within 30 days after cancellation of the entire account or on request. Invoices and accounting records are kept for the statutory periods (§ 147 AO, § 257 HGB). |
| Portal content | Until the customer deletes them or a deletion period they have set expires. When the Pro plan ends, the account continues as Free and the content is retained; deletion within 30 days after cancellation of the entire account or on request. |
| Appointment requests | 180 days; if a contract is concluded, the statutory retention periods apply |
| Content reports | As long as necessary for handling, possible complaints and evidence |
| Crash reports, app reports, feedback | Until they are no longer needed for error analysis or handling |
| Database backups (without video files) | On the server only the most recent backups; the copy on the provider’s own computer for at most 180 days |
| Anti-abuse counters (forms, sign-in attempts, app reports; keyed short hash of the IP address or e-mail address) | 1 day |
| Cookies and local storage | See section 4 |
13. Obligation to provide data, no automated decisions
You can use the website without providing any information; only the server logs are technically unavoidable. We need the details marked as required at registration and when concluding a contract for the contract – without them we cannot set up a customer account. Details in an appointment request or a report are voluntary, but without them we cannot handle the request or report. There is no automated decision-making including profiling (Art. 22 GDPR).
14. Your rights
You have the right of access (Art. 15 GDPR), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18) and data portability (Art. 20). You can withdraw consent at any time with effect for the future (Art. 7(3)). You can also lodge a complaint with a data protection supervisory authority (Art. 77), for example the Berlin Commissioner for Data Protection and Freedom of Information, which is responsible for us. For content of the review portals, please contact the respective customer (section 7). Contact: mail@ezrushes.com.
Right to object under Art. 21 GDPR
Where we process your data on the basis of Art. 6(1)(f) GDPR (legitimate interest – for example website statistics, server logs, crash reports and protection against misuse), you have the right to object at any time on grounds relating to your particular situation. We will then no longer process the data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims. An informal objection by e-mail to mail@ezrushes.com is sufficient.