1. Data Controller

Thank you for being part of our platform The Pending! In the following, we inform you about the processing of your personal data via this app.

The controller according to Article 4(7) of the General Data Protection Regulation (“GDPR”) is:

The Pending GmbH (hereinafter: "The Pending" or "we")
Arthur-Müller-Straße 24, 12487 Berlin
Phone: +49 176 47268780
E-mail: info@thepending.app

 

2. Data Protection Officer

We will be happy to assist you with any questions about data protection. You can reach our Data Protection Officer at:

Name: Tim Kriegler
Phone: +49 176 47268780
E-mail: info@thepending.app

 

3. Processing of Personal Data

This app allows you to get in touch with other artists and creatives to exchange, network, and support each other. By downloading and using this app, various data processing operations are triggered. Below, we provide an overview of each step.

 

3.1 App Download

When you download our app from your chosen app store (e.g., Google Play or Apple App Store), certain information is transmitted to the store, such as your username, email address, time of download, payment information (if applicable), and device identification number. Upon your consent, the app store may also track your use of The Pending. This data processing is exclusively carried out by the app store provider and is beyond our control.

 

3.2 App Registration

To create an account, you must provide certain personal data:

• First name

• Last name

• Email address (not displayed on your public profile)

• Genre

• Username and Password of your choice

This personal data is displayed on your profile. To prevent misuse, we do not allow participation under a pseudonym.

After registration, you can edit your profile at any time. You have control over your profile and can change your profile information (except your email address and phone number) by logging into The Pending.

Legal basis: Article 6(1)(b) GDPR (performance of contract).

 

3.3 App Usage

Through the app, you can communicate with others, create groups, post content, and more. All posts, photos, videos, and messages are saved to your account.

Legal basis: Article 6(1)(b) GDPR (existing contractual relationship).

​

3.3.1 Viewable Personal Information

The following personal information can be viewed by everyone:

• First Name

• Last Name

• Genre

• “Club Member” label (if applicable)

 

3.4 Automatically Collected Data

When you use our app, certain data is automatically collected for technical, security, or optimization reasons. This may include:

• IP address

• Date and time of access

• Operating system used on your device

• Currently installed version of our app

• Time zone and country

• Last login

• Connections with other users

• Number of posts, photos, or videos you share and any comments

• Duration of app usage

• User behavior (e.g., clicks, popular threads, activities)

Purpose of processing:

1. Provide our service and related features

2. Improve functions and performance of the app

3. Prevent and eliminate misuse or malfunctions

Legal basis: Article 6(1)(b) GDPR (execution of contract) or Article 6(1)(f) GDPR (legitimate interest).

 

4. Usage of Club Member Services: TP Portfolios & The Pending Agency

In addition to user profiles, The Pending offers “TP Portfolio,” a feature designed to enhance your professional visibility as an artist. By creating and using a TP Portfolio, your profile is automatically listed in “The Pending Agency,” which is accessible to registered potential bookers and clients.

​

4.1 TP Portfolio

Mandatory viewable information for TP Portfolio:

• First Name

• Last Name

• Professional level (amateur, upcoming, professional)

Other information you enter (e.g., past work, skills, availability) is also publicly viewable if you choose to include it.

Legal basis: Article 6(1)(b) GDPR (existing contractual relationship).

​

4.2 The Pending Agency

The Pending Agency is an extended service where your TP Portfolio is displayed to potential bookers and clients. This allows them to discover and contact you for relevant projects.

• AI-Driven Search and Matching: We use Amazon Bedrock, Anthropic Claude, Perplexity, and other AI services (e.g., OpenAI) to enhance search capabilities and better match artists with potential opportunities. These AI tools may process:

  • Your profile data (name, genre, professional level, portfolio details)

  • Search queries and filter settings used by potential clients

• Legal basis: Article 6(1)(b) GDPR (performance of contract) and/or Article 6(1)(f) GDPR (our legitimate interest in providing and improving AI-based features).

• Hosting: We host our services on Amazon Web Services (AWS). AWS processes data on our behalf under strict security and confidentiality measures. Data may be transferred outside the EU/EEA, but we rely on Standard Contractual Clauses or other protective mechanisms to ensure adequate data protection.

​

4.3 Information That Is Collected in the Agency Context

When you use the TP Portfolio and The Pending Agency, we automatically collect certain data for technical reasons or to run features effectively. This includes:

• IP address & name of the accessing app user

• Date and time of access

• Length of access

• Time zone and country

• Last login

• Operating system used by your device

• Jobs you applied to & status (accepted, declined, waiting)

Legal basis: Article 6(1)(b) GDPR (performance of contract) and Article 6(1)(f) GDPR (legitimate interest in operating and optimizing our service).

 

5. Compliance with Legal Requirements

We also process your personal data to fulfill legal obligations (Article 6(1)(c) GDPR). This may include retention periods under commercial or tax law, and any requirements for documenting business communication.

 

6. Legal Enforcement

We process your personal data to assert or defend our legal claims or to prevent or investigate criminal offenses. This is based on our legitimate interests under Article 6(1)(f) GDPR.

 

7. Disclosure and Transfer of Data

Within The Pending, only those who need access to your data to perform their tasks or fulfill contractual/legal obligations will have it.

Where necessary, we share your data with:

1. IT Service Providers (e.g., hosting, system administration)

2. Public Authorities (courts, authorities, government institutions if legally required)

3. Payment Service Providers (if you choose The Pending+ premium membership)

4. Auditors, Tax Advisors, Legal Counsel, or similar professionals

​

7.1 Transfer to Service Providers Outside the EU

We also work with service providers located in “third countries” (outside the EU/EEA). Since these countries may have different levels of data protection, we use EU Standard Contractual Clauses and other safeguards to protect your data. You can request a copy of these contracts by contacting us at the above details.

​

7.1.1 Mapbox

We use Mapbox Inc. to display interactive maps. Your IP address and usage data may be transmitted to Mapbox in the USA. For more information, see the Mapbox Privacy Policy.

​

7.1.2 Google Firebase

We use Google Firebase (Google LLC, USA) for push messages. While Firebase uses servers in Europe where possible, data transfer to the USA cannot be ruled out. Details on Google Firebase and data protection:

• Data Processing Terms

• Firebase Terms

• Firebase Privacy

Legal basis: Article 6(1)(a) GDPR (consent).

 

8. Data Retention Period and Deletion of Data

We retain your personal data until your membership is terminated. After you end your membership, we delete your account (and related personal data) from our servers within five working days, unless legal obligations or potential legal claims require longer retention (e.g., to comply with commercial or tax laws).

In addition:

• Log files (for security, support inquiries) are stored for limited durations (e.g., 7 days, 14 days, 1 month, or 1 year, depending on the log type) and then deleted.

• You may delete individual content at any time.

• If we suspect platform misuse, we may retain relevant data until the issue is resolved.

 

9. Your Rights

​

9.1 Right to Object (Article 21 GDPR)

You have the right to object at any time to data processing based on Article 6(1)(f) GDPR (legitimate interests). If you object, we will stop processing your data unless compelling legitimate grounds override your interests or processing is necessary to assert or defend legal claims.

​

9.2 Right to Withdraw Consent

If we process your data based on consent (Article 6(1)(a) GDPR), you can withdraw your consent with future effect at any time. The lawfulness of processing prior to withdrawal remains unaffected.

​

9.3 Other Rights

• Access (Article 15 GDPR): You can request information about your stored personal data.

• Rectification (Article 16 GDPR): You can correct inaccurate or incomplete data.

• Erasure (Article 17 GDPR): You can ask us to delete your data under certain conditions.

• Restriction of Processing (Article 18 GDPR): You can request restricted processing in certain cases.

• Data Portability (Article 20 GDPR): You can receive your data in a structured, commonly used, and machine-readable format and request its transfer to another controller.

• Complaint: You have the right to lodge a complaint with a supervisory authority. Ours is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstrasse 219, 10969 Berlin
Phone: +49 (0)30 13889-0 | Fax: +49 (0)30 2155050
Email: mailbox@datenschutz-berlin.de

 

10. Legal and Contractual Obligations to Provide Data

Generally, you are not obliged to provide personal data. However, certain mandatory information is needed to fully use the app and its features (e.g., creation of a user account, using the TP Portfolio or The Pending Agency). Declining or withdrawing certain consents may limit the availability of some services.

 

11. Changes to This Privacy Policy

We keep this Privacy Policy up to date. We reserve the right to modify it from time to time and to reflect any changes in how we collect, process, or use your data. The current version is always available under “Privacy Policy” in the app.

 

Last Updated: December 2021

If you have any questions about this Privacy Policy or how we handle your personal data, feel free to contact us at:

The Pending GmbH
Arthur-Müller-Straße 24, 12487 Berlin
Phone: +49 176 47268780
E-mail: info@thepending.app