Privacy Policy for nine.testrun.org

Welcome to nine.testrun.org, the default chatmail onboarding server for Delta Chat users. It is operated on the side by a small sysops team employed by merlinux, an open-source R&D company also acting as the fiscal sponsor of Delta Chat app developments. See other chatmail servers for alternative server operators.

Summary: No personal data asked or collected

This chatmail server neither asks for nor retains personal information. Chatmail servers exist to reliably transmit (store and deliver) end-to-end encrypted messages between user's devices running the Delta Chat messenger app. Technically, you may think of a Chatmail server as an end-to-end encrypted "messaging router" at Internet-scale.

A chatmail server is very unlike classic e-mail servers (for example Google Mail servers) that ask for personal data and permanently store messages. A chatmail server behaves more like the Signal messaging server but does not know about phone numbers and securely and automatically interoperates with other chatmail and classic e-mail servers.

In particular, this chatmail server

Legally, authorities might still regard chatmail as a "classic e-mail" server which collects and retains personal data. We do not agree on this interpretation. Nevertheless, we provide more legal details below to make life easier for data protection specialists and lawyers scrutinizing chatmail operations.

1. Name and contact information

Responsible for the processing of your personal data is: Merlinux GmbH, Represented by the managing director H. Krekel, Reichgrafen Str. 20, 79102 Freiburg, Germany

E-mail: privacy@testrun.org

We have appointed a data protection officer:

Prof. Dr. Fabian Schmieder, lexICT UG (limited), Ostfeldstr. 49, 30559 Hannover. You can contact him at **delta-privacy@merlinux.eu** (Keyword: DPO)

2. Processing when using chat e-mail services

We provide e-mail services optimized for the use from Delta Chat apps and process only the data necessary for the setup and technical execution of the e-mail dispatch. The purpose of the processing is to read, write, manage, delete, send, and receive emails. For this purpose, we operate server-side software that enables us to send and receive e-mail messages. Allowing the use of the e-mail service, we process the following data and details:

3.1 Account setup

Creating an account happens in one of two ways on our mail servers:

In either case, we process the newly created email address. No phone numbers, other email addresses, or other identifiable data is currently required. The legal basis for the processing is Art. 6 (1) lit. b GDPR, as you have a usage contract with us by using our services.

3.2 Processing of E-Mail-Messages

In addition, we will process data to keep the server infrastructure operational for purposes of e-mail dispatch and abuse prevention.

In addition, we process data to protect the systems from excessive use. Therefore, limits are enforced:

The processing and use of the above permissions are performed to provide the service. The data processing is necessary for the use of our services, therefore the legal basis of the processing is Art. 6 (1) lit. b GDPR, as you have a usage contract with us by using our services. The legal basis for the data processing for the purposes of security and abuse prevention is Art. 6 (1) lit. f GDPR. Our legitimate interest results from the aforementioned purposes. We will not use the collected data for the purpose of drawing conclusions about your person.

3. Processing when using our Website

When you visit our website, the browser used on your end device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected and stored until it is automatically deleted (usually 7 days):

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. Our hoster will process your data only to the extent necessary to fulfill its obligations to perform under our instructions. In order to ensure data protection-compliant processing, we have concluded a data processing agreement with our hoster.

The aforementioned data is processed by us for the following purposes:

The legal basis for the data processing is Art. 6 (1) lit. f GDPR. Our legitimate interest results from the aforementioned purposes of data collection. We will not use the collected data for the purpose of drawing conclusions about your person.

4. Transfer of Data

We do not retain any personal data but e-mail messages waiting to be delivered may contain personal data. Any such residual personal data will not be transferred to third parties for purposes other than those listed below:

a) you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,

b) the disclosure is necessary for the assertion, exercise or defence of legal claims pursuant to Art. 6 (1) sentence 1 lit. f GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,

c) in the event that there is a legal obligation to disclose your data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, as well as

d) this is legally permissible and necessary in accordance with Art. 6 Para. 1 S. 1 lit. b GDPR for the processing of contractual relationships with you,

e) this is carried out by a service provider acting on our behalf and on our exclusive instructions, whom we have carefully selected (Art. 28 (1) GDPR) and with whom we have concluded a corresponding contract on commissioned processing (Art. 28 (3) GDPR), which obliges our contractor, among other things, to implement appropriate security measures and grants us comprehensive control powers.

5. Rights of the data subject

The rights arise from Articles 12 to 23 GDPR. Since no personal data is stored on our servers, even in encrypted form, there is no need to provide information on these or possible objections. A deletion can be made directly in the Delta Chat email messenger.

If you have any questions or complaints, please feel free to contact us by email:
privacy@testrun.org

As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose. The supervisory authority responsible for our place of business is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg in 70173 Stuttgart, Germany..

6. Validity of this privacy policy

This data protection declaration is valid as of December 2023. Due to the further development of our service and offers or due to changed legal or official requirements, it may become necessary to revise this data protection declaration from time to time.