plicatec on the subject of data protection
The protection of personal data is an important concern for us. Therefore, we conduct our activities in compliance with applicable laws on the protection of personal data and data security. In the following, you will learn what information we may collect, how we handle it and to whom we may make it available.
I. Name and address of the responsible person
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:
plicatec business development GmbH
Jechtinger Str. 13
II. Data Protection Officer
The data protection officer of the data controller is:
We have appointed a data protection officer for our company. You can reach our data protection officer by telephone or e-mail.
III. General information on data processing
1. Scope of the processing of personal data
We process users’ personal data only in compliance with the relevant data protection provisions. This means that the users’ data is only processed if a legal permission exists. I.e., in particular if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, or if we have the consent of the user, as well as on the basis of our legitimate interests. We process personal data of our users to the extent necessary to provide a functional website and our content and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
Personal data is only passed on to third parties with the consent of the person concerned.
2. Legal basis for the processing of personal data
We process personal data for various purposes. These include, in particular, customer care and administration, the provision of offers and services, and the fulfillment of legal information or general obligations in electronic commerce.
Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a EU General Data Protection Regulation (DSGVO) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing. A legitimate interest results from this for plicatec as the responsible party, for example, if the data subject can be considered a customer or an interested party. In addition, this legal basis applies to processing for the purposes of dialog marketing from the collection of the data to the direct approach.
3. Data deletion and storage duration
The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
4. Disclosure of data to third parties
Among other things, plicatec also provides services as a commissioned processor for other companies. In cases of “commissioned processing”, the conclusion and fulfillment of a special contract form the legally required risk mitigation for the data subjects and thus the explicit basis for permission with Art. 28 (3) p. 1 DSGVO. This explicitly allows the transfer of data by outweighing the legitimate interests in its transfer over the data protection interests of data subjects.
- (1) Data is only passed on to third parties within the framework of legal requirements. plicatec only passes on user data to third parties if this is necessary, for example, on the basis of Art. 6 Para. 1 lit. b) DSGVO for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f. DSGVO in the economic and effective operation of the business.
- (2) If plicatec uses subcontractors, plicatec shall take appropriate legal precautions as well as necessary technical and organizational measures to protect personal data.
IV. Provision of the website and creation of log files
1. description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this process:
(1) Information about the browser type and version used.
(2) The operating system of the user
(3) The user’s Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites that are accessed by the user’s system via our website
Option 1: The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the Internet page or the link to the website to which the user goes contains personal data.
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
3. purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.
4. duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the event that IP addresses are stored in log files:
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. possibility of objection and elimination
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
- description and scope of data processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected during the registration process:
Name; function and department, company, email address, telephone.
The following data is also stored at the time of registration:
At this point, the data is to be listed accordingly. Examples may include:
(1) The IP address of the user
(2) Date and time of registration
As part of the registration process, the user’s consent to the processing of this data is obtained.
(2) Legal basis for data processing
The legal basis for the processing of the data, if the user has given his consent, is Art. 6 (1) lit. a DSGVO.
- purpose of data processing
Registration of the user is necessary for the provision of certain content and services on our website.
- duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
This is the case for the data collected during the registration process when the registration on our website is cancelled or modified.
- possibility of objection and elimination
As a user, you have the option to cancel your registration at any time. You can have the data stored about you changed at any time.
A deletion of the account and a change of data you can arrange by phone, email or mail.
- contact form and e-mail contact
1 Description and scope of data processing
Our website contains a contact form that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:
Name, function and department, company, email address, telephone.
At the time the message is sent, the following data is also stored:
(1) The IP address of the user
(2) Date and time of registration
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
- legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
- purpose of the data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
- duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
- possibility of objection and elimination
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
The objection can be made by telephone, e-mail or mail.
All personal data stored in the course of contacting us will be deleted in this case.
VII. Data processing via social media
We are represented on several social media platforms with a company page. Through this, we would like to offer further opportunities for information about our company and for exchange. plicatec has company pages on the following social media platforms:
When you visit or interact with a profile on a social media platform, personal data about you may be processed. Information associated with a social media profile used also regularly constitutes personal data. This also covers messages and statements made while using the profile. In addition, during your visit to a social media profile, certain information is often automatically collected about it, which may also constitute personal data.
- visit of a social media page
When you visit our Facebook page, through which we present our company or individual products from our range, certain information about you is processed. The sole controller of this processing of personal data is Facebook Ireland Ltd (Ireland/EU – “Facebook”). For more information about the processing of personal data by Facebook, please visit https://www.facebook.com/privacy/explanation.
Facebook offers the possibility to object to certain data processing; related information and opt-out options can be found at https://www.facebook.com/settings?tab=ads.
Facebook provides us with anonymized statistics and insights for our Facebook page, which we use to gain knowledge about the types of actions people take on our page (so-called “page insights”). These Page Insights are created based on certain information about individuals who have visited our Page. This processing of personal data is carried out by Facebook and us as joint controllers. The processing serves our legitimate interest in evaluating the types of actions taken on our site and improving our site based on these insights. The legal basis for this processing is Art. 6 (1) (f) DSGVO. We cannot associate the information obtained via Page Insights with individual Facebook profiles that interact with our Facebook page. We have entered into a joint controller agreement with Facebook, which sets out the distribution of data protection obligations between us and Facebook. For details about the processing of personal data to create Page Insights and the agreement entered into between us and Facebook, please visit https://www.facebook.com/legal/terms/information_about_page_insights_data.
LinkedIn Ireland Unlimited Company (Ireland/EU – “LinkedIn”) is the sole controller for the processing of personal data when you visit our LinkedIn page. For more information about the processing of personal data by LinkedIn, please visit https://www.linkedin.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy.
When you visit, follow or engage with our LinkedIn company page, LinkedIn processes personal data to provide us with anonymized statistics and insights. This provides us with insights into the types of actions that people take on our site (so-called page insights). For this purpose, LinkedIn processes in particular such data that you have already provided to LinkedIn via the information in your profile, such as data on function, country, industry, seniority, company size and employment status. In addition, LinkedIn will process information about how you interact with our LinkedIn company page, such as whether you are a follower of our LinkedIn company page. With the page insights, LinkedIn does not provide us with any personal data about you. We only have access to the aggregated Page Insights. It is also not possible for us to draw conclusions about individual members via the information in the Page Insights. This processing of personal data in the context of the Page Insights is carried out by LinkedIn and us as joint controllers. The processing serves our legitimate interest to evaluate the types of actions taken on our LinkedIn company page and to improve our company page based on these insights. The legal basis for this processing is Article 6 (1) (f) DSGVO. We have entered into a joint controller agreement with LinkedIn, which sets out the distribution of data protection obligations between us and LinkedIn. The agreement is available at: https://legal.linkedin.com/pages-joint-controller-addendum. Thereafter, the following applies:
LinkedIn and we have agreed that the Irish Data Protection Commission is the lead supervisory authority overseeing processing for Page Insights. You always have the right to lodge a complaint with the Irish Data Protection Commission (see at www.dataprotection.ie) or any other supervisory authority.
As a matter of principle, New Work SE (Germany/EU) is the sole responsible party for the processing of personal data when you visit our XING profile. For further information about the processing of personal data by New Work SE, please visit https://privacy.xing.com/de/datenschutzerklaerung.
- processing of data that you provide to us via our social media pages.
We also process information that you have provided to us via our company page on the respective social media platform. Such information may be the username used, contact details or a message to us. We regularly process this personal data only if we have previously expressly requested you to provide us with this data. These processing operations by us are carried out as the sole responsible party. We process this data on the basis of our legitimate interest in contacting inquiring persons. The legal basis for the data processing is Article 6 (1) (f) DSGVO.
In addition, we may process such data for evaluation and marketing purposes. This processing is carried out on the legal basis of Art. 6 (1) (f) DSGVO and serves our interest in further developing our range of products and services and informing you specifically about plicatec’s offers. Further data processing may take place if you have consented (Art. 6 para. 1 letter a) DSGVO) or if this serves the fulfillment of a legal obligation (Art. 6 para. 1 letter c) DSGVO).
VIII. Data processing via other tools
Appointment scheduling via Acuity Scheduling
The website uses the Acuity Scheduling service to facilitate appointment scheduling. By using this service, data is transferred to Acuity Scheduling in the USA. In order to comply with the European level of data protection, Acuity Scheduling offers its users a data protection agreement, which is based on the EU standard contractual clauses. We would like to point out that we, as the site operator, have no detailed knowledge of the content of the transmitted data as well as its use by Acuity Scheduling. The legal basis for this processing is, according to Art. 6 (1) lit. f DSGVO, our legitimate interest in offering you a user-friendly, time-saving and progressive way to make appointments with us. Furthermore, we would like to point out that you are not obliged to use this service to make an appointment. If you do not wish to do so, please use another of the contact options offered, such as email, to schedule an appointment.
Acuity Scheduling, a Squarespace company, is offered by Acuity Scheduling, Inc, 90 State Street, STE 700 Office 40, Albany, New York 12207.
Video telephony / video conferencing via Microsoft TEAMS
For videotelephony, e.g. to conduct get-to-know-you calls, this site uses the service “TEAMS” offered by Microsoft, Microsoft Corporation. One Microsoft Way. Redmond, WA 98052-6399 USA. To use Microsoft TEAMS, you must first download and install a web application. When logging in, you will be asked for your name and can choose to save it for future logins. A recording of the conversation will only take place with consent.
The data is stored on the basis of Art. 6 (1) lit. b DSGVO, which permits the processing of data for the performance of a contract or pre-contractual measures.
“IX. Rights of the data subject”‘
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the controller:
- right to information
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
- right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
- right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller’s legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
- right to erasure
- a) Obligation to erasure
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
- b) Exceptions
The right to erasure does not exist insofar as the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for the assertion, exercise or defense of legal claims.
- right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients vis-à-vis the controller.
- right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
- right to revoke the declaration of consent under data protection law.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases including profiling.
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
- right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
This privacy statement is based on a proposal by Prof. Dr. Thomas Hoeren together with staff from the Legal Research Unit of DFN-Verein.
Use of Facebook Social Plugins
This offer uses social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are recognizable by one of the Facebook logos (white “f” on blue tile or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
When a user calls up a website of this offer that contains such a plugin, his browser establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website. The provider therefore has no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs users according to its level of knowledge:
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will learn and store his or her IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and settings options for protecting the privacy of users , can be found in the privacy notices of Facebook: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him/her via this offer and link it to his/her membership data stored on Facebook, he/she must log out of Facebook before visiting the website.
It is also possible to block Facebook social plugins with add-ons for your browser, for example with the “Facebook Blocker”.
Use of the Google Bookmarks “g” button from Google
This offer uses the “Google Bookmarks″ button of the social network Google Plus, which is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”). The button is recognizable by the “g″ sign on a colored background.
When a user calls up a web page of this offer that contains such a button, the browser establishes a direct connection with Google’s servers. The content of the “g″ button is transmitted by Google directly to his browser and integrated by it into the website. the provider therefore has no influence on the scope of the data that Google collects with the button. According to Google, no personal data is collected without a click on the button. Only for logged-in members, such data, including the IP address, are collected and processed.
The purpose and scope of the data collection and the further processing and use of the data by Google, as well as your rights in this regard and setting options for protecting your privacy, can be found by users in Google’s privacy notices on the “g″ button: https://policies.google.com/privacy?gl=DE&hl=de
Use of the Twitter buttons
This offer uses the buttons of the Twitter service. These buttons are offered by Twitter Inc, 795 Folsom St, Suite 600, San Francisco, CA 94107, USA. They are recognizable by terms such as “Twitter” or “Follow”, combined with a stylized blue bird. With the help of the buttons, it is possible to share a post or page of this offer on Twitter or to follow the provider on Twitter.
When a user calls up a web page of this website that contains such a button, his browser establishes a direct connection with the servers of Twitter. The content of the Twitter button is transmitted by Twitter directly to the user’s browser. The provider therefore has no influence on the scope of the data that Twitter collects with the help of this plugin and informs the users according to its state of knowledge. According to this, only the IP address of the user the URL of the respective website is transmitted when the button is referred to, but not used for purposes other than the display of the button.
Use of the Xing share button