This Data Protection Declaration shall inform you of the type, scope and purpose of the processing of personal data (hereafter also
referred to as “Data”) within our online site and the webpage, functions and contents associated with it as well as external online
sites, e.g. our social media profiles (hereafter collectively referred to as “Online Site”). With regards to the terms used, e.g.
“Processing” or “Responsible Party”, we shall refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible Party
plusplan GmbH
Mönkedamm 9
20457 Hamburg
Deutschland
info@plusplan-gmbh.de
Managing Partners:
Holger Jaedicke, Ernst Höhler, Martin Murphy, Andreas Thieves
Types of Processed Data:
• Basic Personal Data (e.g. names, addresses).
• Contact Data (e.g., e-mail, telephone numbers).
• Content Data (e.g. text entries, photographs, videos).
• Usage Data (e.g., websites visited, interest in contents, access times).
• Meta/Communication Data (e.g., device information, IP addresses).
Categories of Data Subjects:
The visitors and users of the Online Site (in the following, we hereby also collectively refer to the affected persons as “Users”).
The purpose of the Processing:
• Supplying of the Online Site, its functions and contents.
• Responding to inquiries and communication with Users.
• Security measures.
• Coverage measurements/marketing.
Terms Used
“Personal Data” shall be considered to be all information which refers to an identified or identifiable natural person (hereafter,
“Data Subjets”); a natural person shall be considered to be identifiable who can be identified–directly or indirectly, particularly
via a categorisation to an identifier such as a name, an ID number, locational data, an online name (e.g. cookie) or one or more
special characteristics which are the expression of the physical, physiological, genetic, psychological, business, cultural or social
identity of his natural person.
“Processing” shall be considered to be each process, or each such series of processes, implemented with or without the assistance
of automated procedures in conjunction with Personal Data. The term is far-reaching and encompasses practically each handling of Data.
“Pseudonymisation” shall be considered to be the Processing of Personal Data in such a manner that the Personal Data can, without
the utilisation of supplemental information, no longer be categorised to a specific Data Subject insofar as this supplemental information
is stored separately and subjected to technical and organisational measures which guarantee that the Personal Data cannot be categorised
to an identified or identifiable natural person.
“Profiling” shall be considered to be each type of automated Processing of Personal Data which encompasses these Personal Data being
used in order to assess specific personal aspects which refer to a natural person–particularly in order to analyse or predict aspects
regarding work performance, financial status, health, personal preferences, interests, reliability, behaviour, place of residence or
relocation of this natural person.
The “Responsible Party” shall be considered to be the natural or juridical person, government agency, institution or any other
party who, solely or collectively with others, makes decisions regarding the purposes and methods of the Processing of Personal Data.
“Contracted Data Processor” shall be considered to be any natural or juridical person, government agency, institution or any other
party who processes Personal Data by the Responsible Party’s mandate.
Prevailing Legal Bases
In accordance with Art. 13 GDPR, we shall inform you of the legal bases for our Data Processing. Insofar as the legal basis is not
specified in the Data Protection Declaration, the following shall be valid: The legal basis for the obtaining of consents shall be
Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for the Processing in order to render our services and implement contractual
measures as well as to respond to inquiries shall be Art. 6 Para. 1 lit. b GDPR, the legal basis for the Processing in order to fulfil
our legal obligations shall be Art. 6 Para. 1 lit. c GDPR, and the legal basis for the Processing in order to safeguard our rightful
interests shall be Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the Data Subject or any other natural person require
a Processing of Personal Data, Art. 6 Para. 1 lit. d GDPR shall serve as the legal basis.
Security Measures
We shall, in accordance with Art. 32 GDPR and subject to the consideration of the state of art, the implementation costs and the type,
the scope, the circumstances and the purposes of the Processing as well as the varying likelihood and severity for the rights and freedoms
of natural persons, undertake suitable technical and organisational measures in order to guarantee a protection level that is appropriate
for the risk.
The measures include particularly the safeguarding of the confidentiality, integrity and availability of the Data by controlling the
physical access to the Data as well as also any other access to the Data, the inputting, dissemination, availability and segregation of
the Data. Moreover, we have set up procedures which guarantee a safeguarding of the rights of Data Subjects, the deletion of Data and
response to risks to the Data. Furthermore, we are already taking the protection of Personal Data into consideration during the development
and/or selection of hardware, software as well as procedures based upon the principle of data protection by design and data protection by
default (Art. 25 GDPR).
Cooperation with Contracted Data Processors and Third Parties
Insofar as, during our Processing, we disclose Data to other persons and companies (Contracted Data Processors or third parties),
transmit the Data to these parties or otherwise grant them access to the Data, this shall be undertaken only upon the basis of a legal
consent/permission to do so (e.g. if a transmission of Data to third parties, e.g. to payment processing service providers, is required
for the fulfilment of a contractual agreement in accordance with Art. 6 Para. 1 lit. b GDPR), you have approved this, a legal obligation
prescribes this or upon the basis of our rightful interests (e.g. for the commissioning of subcontractors, web hosters, etc.).
Insofar as we commission third parties with the Processing of Data upon the basis of a so-called “Commissioned Data Processing Agreement”,
this shall occur upon the basis of Art. 28 GDPR.
Transmissions to Non-EU Countries
Insofar as we process Data in a non-EU country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or this
is undertaken while commissioning third-party services or disclosure and/or transmission of Data to third parties is undertaken, this
shall be undertaken only if it is undertaken in order to fulfil our (pre-)contractual obligations, upon the basis of your consent,
owing to a legal obligation or upon the basis of our rightful interests. Subject to having received the legal or contractual consents,
we shall process the Data, or have the Data processed, in a non-EU country only in the event that the special requirements prescribed
in Art. 44 ff. GDPR have been fulfilled. That is to say, the Processing shall be undertaken, for example, upon the basis of special
guarantees such as the officially-recognised certification of a protection level that corresponds to the protection level prescribed by
the EU (e.g. for the USA, via the “Privacy Shield”) or the fulfilment of officially-recognised special contractual obligations
(so-called “Standard Contractual Clauses”).
Rights of the Data Subjects
You shall, in accordance with Art. 15 GDPR, have the right to demand a confirmation regarding whether your Personal Data are
being processed and to information regarding these Data as well as to additional information and a copy of the Data.
You shall, in accordance with Art. 16 GDPR, have the right to demand the completion of your incomplete Personal Data or the correction
of your incorrect Personal Data.
You shall, in accordance with Art. 17 GDPR, have the right to demand that your Personal Data be promptly deleted and/or alternatively,
in accordance with Art. 18 GDPR, to demand a restriction of the Processing of the Data.
You shall, in accordance with Art. 20 GDPR, have the right to demand to receive your Personal Data, which you have provided to us, and to
request their transmission to other Responsible Parties.
Furthermore, you shall, in accordance with Art. 77 GDPR, have the right to submit a complaint to the competent government supervisory agency.
Right of Withdrawal of Consent
You shall, in accordance with Art. 7 Para. 3 GDPR, have the right to withdraw any consents that have been previously issued with
effectiveness for the future.
Right of Objection
You may, at any time, lodge an objection to the future Processing of your Personal Data in accordance with Art. 21 GDPR. The objection
may be lodged particularly against the Processing for the purposes of direct advertising.
Cookies and Right of Objection to Direct Advertising
“Cookies” shall refer to small files which are stored on the User’s computers. Within the cookies, various data can be stored. A
cookie serves primarily to store the data about a User (and/or the device on which the cookie is stored) during or also after his visit
to an Online Site. Temporary cookies and/or “session cookies” or “transient cookies” shall refer to cookies which are deleted after a User
leaves an Online Site and closes his browser. In such a cookie, for example, the content of a shopping basket can be stored in an online shop
or a log-in status. Cookies shall be referred to as “permanent” or “persistent” which also remain stored even after the browser is closed.
Thus, for example, the log-in status can be stored if the Users search for this after several days. Likewise, the interests of the Users
can be stored in such a cookie which is used for the purposes of coverage measurements or marketing. “third-party cookie” shall refer to
cookies which are offered by other providers than the Responsible Party who operates the Online Site (otherwise, if it is only the
Responsible Party’s cookies, one speaks of “first-party cookies”).
We may utilise temporary and permanent cookies and clarify this issue in our Data Protection Declaration.
If the Users would not like for cookies to be stored on their computer, they are requested to deactivate the corresponding option in the
system settings in their browser. Stored cookies can be deleted via the system settings in the browser. However, the exclusion of cookies
may result in functional restrictions of this Online Site.
A general objection against the usage of the cookies utilised for the purposes of online marketing can be declared for numerous
services–above all, in the case of tracking, via the U.S. webpage http://www.aboutads.info/choices/ or via the EU webpage
http://www.youronlinechoices.com/. Moreover, the storage of cookies can be attained via their deactivation in the settings of the
browser. However, please keep in mind that, in this case, you may not be able to use all functions of this Online Site.
Deletion of Data
The Data that we process shall, in accordance with Art. 17 and 18 GDPR, be deleted or restricted in their Processing. Insofar as
nothing has been expressly prescribed in this Data Protection Declaration, the Data which we store shall be deleted as soon as they
are no longer required for their designated purpose and the deletion is opposed by no statutory retention obligations. Insofar as the
Data are not deleted because they are required for other and statutorily-permissible purposes, their Processing shall be restricted.
That is to say, the Data shall be blocked and not processed for other purposes. This shall be valid, for example, for Data which must
be retained for reasons under commercial or tax law.
In accordance with the statutory guidelines in Germany, the storage shall be undertaken particularly for 10 years in accordance with
§§ 147 Para. 1 AO [Tax Guidelines], 257 Para. 1 Nos. 1 and 4, Para. 4 HGB [Commercial Code] (ledgers, records, status reports, booking
vouchers, trading books, tax-related documents, etc.) and 6 years in accordance with § 257 Para. 1 Nos. 2 and 3, Para. 4 HGB (commercial
letters).
In accordance with the statutory directives in Austria, the storage shall be undertaken particularly for 7 years in accordance with § 132
Para. 1 BAO [Fiscal Code] (accounting documents, receipts/invoices, accounts, other documentation, business documents, lists of income and
expenses, etc.), for 22 years in conjunction with real estate properties and for 10 years for documents in conjunction with
electronically-rendered services, telecommunications, radio and television services which are rendered to non-entrepreneurs in the EU
member countries and for which the mini-one-stop-shop (MOSS) is used.
Business-Related Processing
In addition, we shall process
• Contractual Data (e.g. contractual object, contractual term, customer category).
• Payment Data (e.g. bank details, payment history) of our customers, prospective customers and business partners for the purposes
of the rendering of the contractual services, service and customer care, marketing, advertising and market research.
Agency Services
We shall process the Data of our customers for the rendering of our contractual services which shall include conceptual and
strategic consulting, campaign planning, software and design development/design consulting or the maintenance/implementation of
campaigns and processes/handling, server administration, data analysis/consulting services and training services.
In this regard, we shall process basic Data (e.g. customer master Data such as name or addresses), contact Data (e.g. e-mail, telephone
numbers), content Data (e.g. text entries, photographs, videos), contractual Data (e.g. contractual object, contractual term), payment
Data (e.g. bank details, payment history), usage and meta Data (e.g. during the evaluation and measurement of the success of marketing
measures). In principle, we shall not process special categories of Personal Data unless they are components of contracted data Processing.
The Data Subjetcs shall include our customers, prospective customers as well as their own customers, Users, website visitors or employees
as well as third parties. The purpose of the Processing shall encompass the rendering of contractual services, billing and our customer
service. The legal bases of the Processing shall be specified in Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f
GDPR (analysis, statistics, optimisation, security measures). We shall process the Data which are required for the substantiation and
rendering of the contractual services and shall make reference to the necessity of their disclosure. Disclosure shall be made to external
parties only if this is required for an order. During the Processing of the Data provided to us for an order, we shall act in accordance
with the customer’s instructions as well as the statutory guidelines for contracted Data Processing in accordance with Art. 28 GDPR and
shall process the Data for no other purposes than the purposes specified in the order.
We shall delete the Data after the lapsing of the statutory warranty obligations and other comparable obligations. The necessity of the
retention of the Data shall be reviewed every three years; in the case of statutorily-prescribed archiving obligations, the deletion
shall be undertaken after such obligations lapse (6 years in accordance with § 257 Para. 1 HGB, 10 years in accordance with § 147 Para. 1 AO).
In the case of Data which have been disclosed to us by the customer for an order, we shall delete the Data in accordance with the
provisions specified in the order–in principle, after the end of the order.
Administration, Accounting, Office Organisation, Contact Management
We shall process Data during the fulfilment of administrative tasks as well as the organisation of our operations, accounting and
fulfilment of the statutory obligations, e.g. of archiving obligations. In this regard, we shall process the same Data which we process
during the rendering of our contractual services. The Processing bases shall be Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR.
The following shall be affected by the Processing: Customers, prospective customers, business partners and website visitors. The purpose
and our interest in the Processing shall encompass the administration, accounting, office organisation, and archiving of Data – thus tasks
which serve the purpose of the maintenance of our business activities, fulfilment of our tasks and rendering of our services. The deletion
of the Data with regards to the contractual services and the contractual communication shall correspond to the data specified during
these Processing activities.
In this regard, we shall disclose or transmit Data to the government tax office, consultants (e.g. tax consultants or auditors) as well
as to additional fee stations and payment processing service providers.
Furthermore, we shall, upon the basis of our business management interests, store data about suppliers, event organisers and other
business partners, e.g. in order to contact them later. In principle, we shall store these primarily company Data permanently.
Data Protection Guidelines for Job Application Procedures
We shall process the applicants’ Data only for the purpose and within the parameters of the job application procedure in accordance
with the statutory guidelines. The Processing of the applicants’ Data shall be undertaken in order to fulfil our (pre-)contractual
obligations within the parameters of the job application procedure in accordance with Art. 6 Para. 1 lit. b. GDPR Art. 6 Para. 1 lit. f.
GDPR insofar as the Data Processing is required by us for legal proceedings (in Germany, § 26 BDSG [German Data Protection Act]
shall also be valid).
The application procedure shall require that applicants disclose the applicant Data to us. Insofar as we offer an online form, the
required applicant Data shall be labelled as such. Otherwise, based upon the respective job descriptions and in principle this shall
also include the data regarding the person, postal and contact addresses and the application-related documents such as the cover letter,
curriculum vitae and the work testimonials. In addition, the applicants may voluntarily provide us with additional information.
By submitting the application to us, the applicants hereby declare their consent for the Processing of their Data for the purpose of the
job application procedure based upon the scope and manner specified in this Data Protection Declaration.
Insofar as, during the application procedure, special categories of Personal Data are voluntarily provided in accordance with Art. 9 Para. 1
GDPR, their Processing shall also be undertaken in accordance with Art. 9 Para. 2 lit. b GDPR (e.g. health Data, e.g. severe disability or
ethnic origin). Insofar as, during the application procedure, special categories of Personal Data are requested from the applicants in
accordance with Art. 9 Para. 1 GDPR, their Processing shall also be undertaken in accordance with Art. 9 Para. 2 lit. a GDPR (e.g. health
Data if they are required for the fulfilment of the respective job position’s work duties).
Insofar as this is made available, applicants may send us their applications via an online form on our website. The Data shall be transmitted
to us in encrypted fashion according to the current state-of-art.
Moreover, applicants can send their applications via e-mail to us. However, in this regard, we wish to point out that e-mails are in
principle sent in an unencrypted form and the applicants themselves must be responsible for the encryption thereof. Thus, we assume
no responsibility for the transmission route of the application between the sender and its receipt on our server and thus recommend that
you use instead an online form or the postal service because if you do not wish to send the application via the online form or e-mail,
the applicants also have the option of sending us the application via post.
The Data provided by the applicants may, in the case of a successful application, continue to be processed by us for the purposes of
the employment relationship. Otherwise, insofar as the application for a job position is not successful, the Data of the applicants
shall be deleted. The Data of the applicants shall likewise be deleted if a job application is withdrawn which the applicants shall be
entitled to do at any time.
Notwithstanding a justified revocation by the applicants, the deletion shall be undertaken after the lapsing of a timeframe of six months
so that we can answer any follow-up questions regarding the application and can fulfil our documentation obligations from the Equal
Opportunity Act. Invoices for any travel cost reimbursements shall be archived in accordance with the tax law guidelines.
Contacting Us
If you contact us (e.g. via a contact form, e-mail, telephone or via social media), the User’s Data shall be processed in order to
handle the inquiry and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR. The Data from the Users may be stored in a
customer relationship management system (“CRM system”) or a comparable inquiry organisation.
We shall delete the inquiries insofar as they are no longer required. We shall review the necessity thereof every two years; furthermore,
the statutorily-prescribed archiving obligations shall also be valid.
Hosting
The hosting services which we utilise shall serve the purpose of the rendering of the following services: Infrastructure and platform
services, computing capacity, memory space and database services, security services as well as technical maintenance services which we
utilise for the purpose of the operation of this Online Site.
In this regard, we, and/or our hosting provider, process basic Data, contact Data, content Data, contractual Data, usage Data, meta
and communications Data from customers, prospective customers and visitors of this Online Site upon the basis of our rightful interests
in an efficient and secure supplying of this Online Site in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28
GDPR (conclusion of a contracted data processing agreement).
Collection of Access Data and Log Files
We, and/or our hosting provider, shall, upon the basis of our rightful interests in accordance with Art. 6 Para. 1 lit. f. GDPR,
collect Data about each accessing of the server on which this service is located (so-called server log files). The access Data shall
include the name of the accessing website, file, date and time of day of the access, transmitted data quantity, notification of the
successful retrieval, browser type and browser version, the operating system of the User, referrer URL (the previously-visited page),
IP address and the querying provider.
Log file information shall, for security reasons (e.g. for the detection of misuse or fraudulent acts) be stored for the duration of a
maximum of seven days and then deleted. Data whose continued storage shall be required for documentation purposes shall be excepted
from deletion until the definitive clarification of the respective event.
Google Analytics
We shall, upon the basis of our rightful interests (i.e. interest in the analysis, optimisation and commercial operation of our Online
Site in accordance with Art. 6 Para. 1 lit. f. GDPR), use Google Analytics, a web analysis service from Google LLC (“Google”). Google
uses cookies. As a rule, the information generated by the cookie regarding the usage of the Online Site by the Users shall be transmitted
to a Google server in the USA and stored there.
Google is certified in accordance with the Privacy Shield Convention and thus offers a guarantee to follow the European data protection
law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google shall, by our mandate, use this information in order to evaluate the usage of our Online Site by the Users, in order to draft
reports regarding the activities within this Online Site and in order to render additional services associated with the usage of this
Online Site and of the Internet to us. In this regard, pseudonymised usage profiles of the Users may be created from the processed Data.
We shall utilise Google Analytics only with activated IP anonymisation. This means that the IP address of the Users shall be shortened
beforehand by Google within the member countries of the European Union or in other contracting states to the European Economic Area
Convention. Only in exceptional cases shall the entire IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the User’s browser shall not be commingled with other Data by Google. The Users can prevent the storage of
the cookies by correspondingly adjusting the settings on their browser software; moreover, the Users can prevent the collection of the
Data generated by the cookie and referring to their usage of the Online Site from being sent to Google as well as the Processing of these
Data by Google by downloading and installing the browser plug-in which is available by clicking on the following link:
http://tools.google.com/dlpage/gaoptout?hl=de.
You can find additional information regarding the usage of the Data by Google as well as setting and objection options in Google’s Data
Protection Declaration (https://policies.google.com/technologies/ads) as well as in the settings for the displaying of ads by
Google (https://adssettings.google.com/authenticated).
The Personal Data of the Users shall be deleted or anonymised after 14 months.
Google Maps
We shall integrate the maps from the “Google Maps” service offered by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain
View, CA 94043, USA. The processed Data may include particularly the IP addresses and locational Data of the Users which may nonetheless
be collected without their consent (as a rule, implemented via the settings on their mobile devices). The Data may be processed in the USA.
Data Protection Declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Drafted via the Datenschutz-Generator.de [Data Protection Generator] of Attorney Dr. Thomas Schwenke
