Privacy policy

We, simplePlant GmbH, (hereinafter: "the company", "we" or "us") take the protection of your personal data very seriously and would like to inform you at this point about data protection in our company.

We are also subject to certain obligations within the scope of our data protection responsibilities under the EU General Data Protection Regulation (Regulation [EU] 2016/679; hereinafter: "DS-GVO") and ensure the protection of your personal data (we also address you as a data subject hereinafter as "customer", "user", "you", "you" or "data subject").

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Articles 13 and 14 DS-GVO). With this statement (hereinafter: "Privacy Notice"), we inform you about the manner in which your personal data is processed by us.

1. general

1.1 Definitions

These data protection notices are based on the following definitions from Art. 4 DS-GVO:

• "Personal data" (Art. 4 No. 1 DS-GVO) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or sound recordings may also contain personal data).
• "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e., acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.
• "Controller" (Art. 4 No. 7 DS-GVO) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
• "Third party" (Art. 4 No. 10 DS-GVO) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data; this also includes other group-affiliated legal entities.
• "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.
• "Consent" (Art. 4 No. 11 DS-GVO) of the data subject means any expression of will given voluntarily for the specific case, in an informed manner and unambiguously in the form of a statement or other unambiguous confirmatory act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

1.2 Name and address of the controller

The controller of your personal data within the meaning of Article 4 No. 7 DS-GVO is us:

simplePlant GmbH
Poppenbüttler Hauptstraße 29a

22399 Hamburg

Authorized representative:
Ben Märten (Managing Director)

Mail: moin@simpleplant.de

1.3 Legal basis of data processing

In principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:

• Art. 6 (1) p. 1 lit. a) DS-GVO ("consent"): If the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous confirmatory act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
• Art. 6 (1) p. 1 lit. b) DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request;
• Art. 6 para. 1 sentence 1 lit. c) DS-GVO: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
• Art. 6 (1) p. 1 lit. d) DS-GVO: If the processing is necessary to protect the vital interests of the data subject or another natural person;
• Art. 6 (1) p. 1 lit. e) DS-GVO: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
• Art. 6 (1) p. 1 lit. f) DS-GVO ("Legitimate Interests"): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

1.4 Data erasure and storage period

For the processing operations carried out by us, we indicate below how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storing it no longer applies. In principle, your data will only be stored on servers in Germany, subject to any transfer that may take place in accordance with the provisions of Section 1.6 and Section 1.7.

Further storage beyond the specified time may take place in cases determined by law; in particular in cases of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we as the responsible party are subject (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

1.5 Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

1.6 Cooperation with processors

We also use external domestic and foreign service providers to process our business transactions (e.g. for IT, logistics, telecommunications, sales and marketing). They will only act on our instructions and have been contractually obligated within the meaning of Art. 28 DS-GVO to comply with the provisions of data protection law.

1.7 Conditions for the transfer of personal data to third countries

In the context of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points. To the extent required by law, we only share personal data with recipients that have an adequate level of data protection. This is ensured by a decision of the European Commission (a list of adequacy decisions is available at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_de). Otherwise, we will enter into contractual agreements (so-called standard contractual clauses; contract text available at: https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32021D0914&from=EN#d1e32-37-1to ensure that your personal data is also protected at the recipient in accordance with legal requirements.

1.8 No automated decision-making (including profiling).

We do not use your personal data for automated decision-making and profiling procedures.

1.9 No obligation to provide personal data.

We do not make the use of our website dependent on your consent to the processing of personal data. There is no legal or contractual obligation for you as a customer to provide us with your personal data. However, we can only make certain offers available to you to a limited extent or not at all if you do not provide the necessary data. For example, we cannot process your orders if you do not provide us with your name, address and payment data.

1.10 Children

Our website is not aimed at children under the age of 16 (hereinafter only "children"). We do not process personal data of children unless we have obtained consent from their legal guardians or the processing is required by a separate agreement with their legal guardians. If we discover that we are processing personal data in front of children without the consent of their parents, we will delete it immediately.

1.11 Legal obligation to transfer certain data.

We may be subject to a specific legal or statutory obligation to provide lawfully processed personal data to third parties, in particular public bodies (Art. 6 para. 1 sentence 1 lit. c) DS-GVO).

1.12 Your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of section 1.2. As a data subject, you have the right

• to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• in accordance with Art. 16 DS-GVO, to demand the correction of incorrect data or the completion of your data stored by us without delay;
• pursuant to Art. 17 DS-GVO, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
• pursuant to Art. 18 DS-GVO, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
• pursuant to Art. 20 DS-GVO, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
• object to the processing in accordance with Art. 21 DS-GVO, provided that the processing is based on Art. 6 (1) p. 1 lit. e) or lit. f) DS-GVO. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
• in accordance with Article 7 (3) of the GDPR, to revoke your consent given once (also before the GDPR came into force, i.e. before 25.5.2018) - i.e. your voluntary will, made understandable in an informed manner and unambiguously by a statement or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. The consequence of this is that we may no longer continue the data processing based on this consent for the future and
• complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 DS-GVO, such as the data protection supervisory authority responsible for us: The Hamburg Data Protection and Freedom of Information Commissioner, Ludwig-Erhard-Strasse 22, 20459 Hamburg, Telephone: 040 42854 4040fax: 040 428 54 - 4000, e-mail mailbox@datenschutz.hamburg.de.

1.13 Changes to the data protection information

As part of the further development of data protection law and technological or organizational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of changes in particular on our German website at https://www.simpleplant.de/datenschutz. The status of this data protection notice is indicated at the end of this document.

2. Visiting websites

2.1Explanation of function

You can obtain information about our company and the services we offer in particular at https://www.simpleplant.de/datenschutz together with the associated sub-pages (hereinafter collectively referred to as "websites"). When you visit our websites, personal data may be processed.

2.2Processed personal data

When using the websites for information purposes, the following categories of personal data are collected, stored and processed by us:

2.2.1"Log data": When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

• the page from which the page was requested (so-called referrer URL)
• the name and URL of the requested page
• the date and time of the request
• the description of the type, language and version of the web browser used
• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
• the amount of data transferred
• the operating system
• the message whether the call was successful (access status/http status code)
• the GMT time zone difference

2. 2.2 "Contact form data": When contact forms are used, the data transmitted through them are processed (e.g. surname and first name, e-mail address and the time of transmission).

2.2.3In addition to the purely informational use of our website, we offer the subscription to our newsletter. If you subscribe to our newsletter, the following "newsletter data" will be collected, stored and processed by us:

• the page from which the page was requested (so-called referrer URL)
• the date and time of the request
• the description of the type of web browser used
• the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
• the e-mail address
• the date and time of registration and confirmation

2.2.4We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.

2.3Purpose and legal basis of data processing

2.3.1 We process the personal data described in more detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f) DS-GVO, the aforementioned purposes also represent our legitimate interests.

2.3.2 The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f) DS-GVO).

2.3.3 Contact form data is processed to handle customer inquiries (legal basis is Art. 6 para. 1 p. 1 lit. b) or lit. f) DS-GVO).

2.3.4Newsletter data is processed for the purpose of sending the newsletter. In the course of registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). For the registration to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in every newsletter e-mail, by e-mail toor by sending a message to the contact details provided in the imprint.

2.4Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to section 1.4 as well as section 1.1.

Third parties used by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

For more details on the storage period, please refer to Section 1.4 and Section 2.6.

2.5Transfer of personal data to third parties; basis for justification

2.5.1 The following categories of recipients, which are usually order processors (see section 1.6), may receive access to your personal data:

• Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The transfer to processors is not processing within the meaning of the DS-GVO and does not require a legal basis under Art. 6 (1) DSGVO. Insofar as recipients are not order processors, the legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) or lit. f) DS-GVO;
• Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c) DS-GVO;
• Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b) or lit. f) DS-GVO.

2.5.2 For the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see Section 1.7.

2.5. 3 In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Article 6 (1) sentence 1 a) DS-GVO.

2.6 Use of cookies, plug-ins and other services on our website

We use cookies on our websites. Cookies are small text files that are stored on your computer or terminal device via your browser. This enables the provider of the cookies to recognize your browser or terminal device and obtain other information about your usage behavior. In some cases, however, cookies only contain information about certain settings that are not personally identifiable. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the Internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

• Technical cookies: these are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;
• Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
• Advertising cookies, targeting cookies: these are used to provide the website user with tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
• Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) p. 1 lit. a DS-GVO. This applies in particular to the use of advertising, targeting or sharing cookies. With regard to technically necessary cookies, the legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO. Our legitimate interest is to enable you to visit our websites.

In addition, we will only pass on your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a DS-GVO.

We give you the option to set which of the cookies used by our website you want to accept and which not when you first access the website. Essential cookies are loaded in any case. In addition, you can set which cookies may be stored in your browser. You can also, by clicking the "Accept All" button, give your consent to the processing of all cookies, or by clicking the "Refuse" button, refuse all functional cookies. You can manage and change your settings at a later time by clicking on the icon in the lower right corner of the browser.

You can revoke your consent once given 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.

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