Legal notes

This privacy policy gives you information about the method, scope and purpose of the processing of personal data on our website fleetplan.net.

1. Responsible contact in regard of the Data Protection Act

1.1 Contacts

Controller within the meaning of Art. 4 (7) General Data Protection Regulation (GDPR) is:

Team Centric Software GmbH & Co. KG
Averhoffstraße 17
22085 Hamburg
Germany
Fon: +49 (0)40 / 22 860 4990
Fax: +49 (0)40 / 22 860 4991
e-mail: info@fleetplan.net

Contact Person: Patrick Liess, Robert Liess

Data protection officer:
Stefan Kramer
Fachenfelder Weg 84
21220 Seevetal
Fon: +49-(0)4105 / 669638
e-mail: stefan.kramer@magid.de

1.2 Contact regarding data protection

1. If you have any questions regarding data protection or wish to exercise rights or claims regarding your personal data, you can contact us using the contact details given above (under point 1.1.).
2. In our contact formular you must provide required information to answer your request (your e-mail address and your name). We need this information in order to be able to process your request and contact you. Without this information you cannot send the request. You can fill in the other fields voluntarily.
3. When you contact us (for example by telephone or e-mail), your details will be stored in accordance with Art. 6 (1) b) GDPR for the purpose of processing your inquiry and in case of follow-up questions. We will delete the data in this connection after storage is no longer required or restrict processing if there are legal storage obligations (see point 14). If you pursue your rights or claims under the GDPR, we will store your data of the inquiry for 3 years. The beginning of this period is always the end of the year in which the conversation ended. The reason for the storage is that during this period, claims may be asserted or it must be proven that we have answered your inquiry.

2. Data information processed by us

2.1. Statutory regulations

1. Personal data may be processed during each visit to our website. Your personal data will only be processed if it is legally permitted (legal basis). This is the case in accordance with Art. 6 (1) GDPR, if
   • you have given us your consent, or
   • the processing is necessary to fulfil our contract with you, or
   • in case of a request by you, pre-contractual measures are necessary, or
   • the processing is necessary to protect your vital interests or those of another natural person, or
   • the processing is necessary for the protection of our legitimate interests or those of a third party, except where such interests are overridden by your interests or by fundamental rights and freedoms that require the protection of personal data (balancing of interests).
2. The personal data collected will be deleted as soon as the purpose of the collection no longer applies (see point 14).

2.2. What is personal data

1. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data also includes usage data (e.g. the websites visited on our website, interest in our products, etc.). Informations that cannot be attributed to an identified or identifiable person, or only with a disproportionate expenditure of time, cost and labour, is not personal data as anonymous data.
2. In addition, when you visit our website, further data is also processed for technical reasons. This is mainly technical information such as the IP address that your Internet access provider assigns to your computer when you connect to the Internet, or information about the Internet page from which you accessed our website or about the type and version of the Internet browser you are using. However, this also includes login data, your operating system, download errors, the length of visits to certain pages, and all telephone numbers from which you call our customer service number. This technical information may be personal data in individual cases. In general, however, we only use technical information if this is necessary for technical reasons for the operation and protection of our website against attacks and misuse in accordance with Art. 6 (1) f) DSGVO is required.

2.3. What is processing

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3. Data Security

The security of your personal data has a very high priority for us. We therefore protect your data stored with us through technical and organisational measures. This ensures that the regulations of the data protection laws are observed and loss or misuse by third parties is effectively prevented. In particular, our employees who process personal data are obliged to maintain data secrecy and must comply with it.

4. SSL encryption

Our website uses secure SSL encryption when transmitting personal data or personal content of our users. Please make sure that SSL encryption is activated by your side during activities on our website. The use of encryption is easy to recognize: The display in your browser line changes from "http://" to "https://". Data encrypted via SSL cannot be read by third parties. Therefore, please transmit your confidential information only if SSL encryption is activated and contact us if in doubt.

5. Collection of personal data when visiting our website

1. If you visit our website, without registration or otherwise if you do not provide us with information, we only collect the following data, which is technically necessary for us to show you our website and to ensure its stability and security (legal basis is Art. 6 (1) f) GDPR)
   • the IP address of the requesting device (i.e. your computer or smartphone),
   • Date and time of access,
   • Time zone difference to Greenwich Mean Time (GMT)
   • Content of the request (specific page)
   • Access status/ http status code
   • Operating system and its interface
   • as well as the browser used and the operating system of your computer
2. This information referred to under a) is stored for security reasons (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes will be retained until the matter has been finally clarified.


3. The data are processed by us on the basis of our legitimate interests within the meaning of Art. 6 (1) f) GDPR levied. In no case we use the collected data for the purpose of drawing conclusions about you. Among the purposes we pursue are:
   • Ensuring a smooth connection of the website,
   • Ensuring comfortable use of our website,
   • the investigation of abuse or fraud,
   • the evaluation of system security and stability as well as
   • other administrative purposes.
4. We don’t use cookies on this website.

6. Further functions and offers on our website

In addition to the purely informative use of our website, we offer various services which you can use if you are interested. To do so, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

6.1. Contact (Contact formular, telephone or email)

1. When you contact us (by contact formular, telephone, or e-mail), your details will be processed for the purpose of processing the contact request and its handling in accordance with Art. 6 (1) b) GDPR (necessary details in the context of pre-contractual measures) or in accordance with Art. 6 (1) f) GDPR (legitimate interest to answer your request). If you contact us via contact formular or e- mail, we will also save the information you have sent us. If we request informations via our contact form, you can only send the request if you have provided the necessary information. In this case, you will receive a notification window that informs you what information you still have to provide.
2. A communication of optional information (address data, website, further contact data and content data) is voluntary. If you provide information on communication channels (e.g. telephone number), we may also contact you via this communication channel in order to answer your request. The personal data you provide will be used exclusively for the purpose for which you provided us with the data when you contacted us.
3. We delete the data received in the course of contacting you as soon as they are no longer required for the purpose of your collection. This also applies to your voluntary information. It is in our legitimate interest (Art. 6 (1) f) GDPR) to store the data together with the required data, as the deletion of individual data from a data package would be disproportionately costly. Should you expressly wish to delete individual data, please send us a short message (see point 1).

For your personal data from the input mask of the contact formular and those sent by e-mail, the data will be deleted when the respective conversation with the user is finished. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified, at the latest, however, after 1 month after the last contact. Should a contractual relationship come into being, or should you wish us to include your personal data in our database, we will store your personal data in accordance with the information in point 14.

6.2. Customer Data

1. If you are our customer, we will store your personal data for the duration of the contractual relationship and beyond that for a further 10 years, unless legal retention periods force us to store the data for a longer period (see point 14). This storage is based on Art. 6 (1) f) GDPR. Our legitimate interest is based on the duration of the limitation period for contractual claims, which is a maximum of 10 years (from the time of knowledge of the claim).
2. We process the data which you have made available to us and which we receive from other publicly accessible sources.
3. Your personal data is processed on the basis of Art. 6 (1) b) GDPR. We process your data to enable a proper business relationship.

6.3. Downloads

We offer open source software on our website. We link the download to the respective website where the software is offered. If you click on the download link, you will be directed to an external website. The respective provider is responsible for the processing of your personal data on the external Internet pages. You can inform yourself about the processing of your data in the respective data protection declaration.

7. Transfer of Data to third parties and third party providers

1. Data will only be passed on to third parties within the framework of the legal requirements. We therefore only pass on user data to third parties if:
   • you have given your express consent in accordance with Art. 6 (1) a) GDPR,
   • the disclosure of your data is required under Art. 6 (1) f) GDPR for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
   • in the event that there is a legal obligation to pass on the information in accordance with Art. 6 (1) c) GDPR, and
   • this is legally permissible and, in accordance with Art. 6 (1) b) GDPR, required for the processing of contractual relationships with you.


2. When passing on your personal data, we always ensure the highest possible security level. For this reason, your data will, if necessary, only be passed on to service providers and partner companies that have been carefully selected and contractually obliged to ensure that personal data is protected in accordance with the relevant legal regulations.


3. We draw your attention to the fact that in addition to this data protection declaration, the data protection guidelines and declarations of external websites may also apply.
4. If we pass on your data to third parties, we will draw your attention to this in a separate data protection declaration.

8. Where will your personal data be stored?

1. The personal data we collect about you will generally be stored within the European Union (“EU”). However, it may exceptionally happen that personal data are transmitted to non-European countries. In these so-called “third countries” the GDPR is not directly applicable law. As a rule, there is also a less stringent data protection law there.
2. Such data transfer to countries outside the European Economic Area may, for example, be available by electronic means when processing a service request or providing support services.
3. In case of such transmission of data to a third country, however, we ensure that this is done in accordance with this privacy policy. In addition, we ensure that an appropriate level of data protection for you and other stakeholders is guaranteed at the respective recipient in the third country or that there is otherwise a legal permit. This is done by concluding a contract with the recipient in the third country on the basis of the so- called standard contractual clauses of the European Commission. These standard contractual clauses ensure a similar level of data protection as provided by the European Data Protection.

9. Cookies

We don’t use Cookies on this website.

10. Your rights in relation to your data

You have the following rights to the data we process:

• according to Art. 15 GDPR you can request information about your personal data processed by us.;
• in accordance with Art. 16 GDPR, you have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.;
• in accordance with Art. 17 GDPR, you can demand the deletion of your personal data stored with us, unless processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
• in accordance with Art. 18 GDPR, you may request the restriction of the processing of your personal data if the accuracy of the data is disputed by you, if the processing is unlawful but you refuse to allow it to be deleted and we no longer need the data, but you need the data to assert, exercise or defend legal claims or if you have lodged an objection to the processing in accordance with Art. 21 GDPR;
• according to art. 20 GDPR you have the right to receive data transmission, i.e. your personal data that you have provided us with, in a structured, common and machine- readable format or you can request the transmission to another person in charge, provided that the processing is based on your consent or a contract with us and the processing was carried out with the help of automated procedures. However, in the case of data transfer to another controller, you can only obtain the transfer insofar as this is technically feasible;
• in accordance with Art. 7 (3) GDPR, you may revoke your consent once granted to us at any time. As a result, we may no longer continue the data processing based on this consent in the future. Such revocation will only affect the permissibility of processing your personal data after you have declared the revocation to us; and
• according to Art. 77 GDPR you have the right to complain to a supervisory authority. As a rule, you can turn to the supervisory authority of your usual place of residence or workplace or our headquarters.

For your request for information, the revocation of a consent or for an objection, a simple message (via the contact data mentioned in point 1) to us is sufficient. There are no costs for you to claim your rights. You can contact us using the contact information provided in point 1 of this privacy policy.

11. Right of objection

Insofar as we base the processing of your personal data on the balancing of interests in accordance with Art. 6 (1) f) GDPR, you may object to the processing. This is the case if the processing is not necessary (it would be neccessary for example, for the fulfilment of a contract with you), which is described by us in the description of the functions. In the event of such an objection, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adapt the data processing or show you our compelling legitimate reasons on the basis of which we will continue the processing. We will inform you of such compelling reasons. You have the right to complain to a supervisory authority at any time (e.g. the supervisory authority at your place of residence or at the registered office of our company).
Of course, you can object to the processing of your personal data for the purposes of data analysis at any time.
If you wish to exercise your right of objection, a simple message to the person(s) named in point 1 using the contact details given in point 1 is sufficient.

12. Information for applicants

You will find further information about our company, details of the persons authorized to represent us and also further contact possibilities in our impressum or in point 1 of this declaration.

• If you send us your application documents, we process your data in order to check your qualification for an open position in our company and to process the application procedure. The legal basis for the processing of your personal data is § 26 BDSG (Bundesdatenschutzgesetz). According to this, the processing of data required in connection with the decision on the establishment of an employment relationship is authorized.
• We process or store your data for the duration of the application procedure and store the data for a further six months after completion of the application procedure. This is based on the basis of our legitimate interest in accordance with Art. 6 (1) f) GDPR for the purpose of asserting or defending claims.
• If you expressly request it, we will save your data in our pool of applicants. There the data will be deleted after two years. If you are recruited into our company as a result of the application procedure, your data will be transferred to our personnel information system.
• Your data will not be passed on to third parties or to a service provider. Suitable applications will be forwarded internally to the departmental managers for the respective open position. The further procedure is then agreed upon. Within the company, access to your data is only granted to those persons who require it for the proper processing of our application procedure.
• The data will be processed exclusively in computer centres in the Federal Republic of Germany.
• With regard to the processing of your personal data within the application procedure, you have the following rights:
  • You have the right to obtain information about the personal data we process about you. In the case of a request for information made only verbally/by telephone, we ask you to appreciate that we may require you to provide proof that you are the person you claim to be.
  • Furthermore, you have the right to correct or delete your personal data or to restrict its processing, insofar as you are legally entitled to do so.
  • Furthermore, you have the right to object to the processing within the scope of the statutory provisions. The same applies to a right to data transferability.
  • You have the right to complain about the processing of your personal data by us to a supervisory authority for data protection.

13. General information on the deletion and retention periods of your data

1. The data we process about you will be deleted as soon as they are no longer required for the intended purpose. For details, please refer to the points of this declaration, which explain the method and purpose of the respective processing of personal data.
2. Data which we are required to store by law, statutes or contractual obligations to retain (e.g. for tax law reasons) will be blocked instead of deleted to prevent use for other purposes. This includes, for example, storage for 6 years in accordance with § 257 (1) HGB (Handelsgesetzbuch) (for trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) or storage for 10 years in accordance with § 147 (1) AO (AbgabenOrdnung) (books, records, management reports, accounting vouchers, commercial and business letters - including e-mails, documents relevant for taxation, etc.). The period begins with the end of the calendar year in which the respective document was created or received and ends after the expiry of the period with the end of the calendar year.

14. Changes to the privacy policy

1. This data protection declaration is currently valid and is dated January 2020.
2. Due to changes in the law or adjustments in data processing, it may be necessary to update this data protection information. We therefore recommend that you regularly check this page for changes. If the change affects your consent or the regulations of the contractual relationship, these will only be made with your consent. You will be contacted separately for this purpose.