Data Protection Declaration
Data Protection Declaration according to the EU General Data Protection Regulation (GDPR)
I. Name and Address of the Data Controller
The data 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 regulations, is:
PLANSPEKTRUM GbR
as the partner of the 12h2s.com platform
Kyreinstrasse 8, 81371 Munich
Phone: +49 89 4622 9112
Email: buero[at]planspektrum.de
Website: www.planspektrum.de
II. Name and Address of the Data Protection Officer
The contact details of the data protection officer are:
Ulrich Bähring
PLANSPEKTRUM GbR
Kyreinstrasse 8, 81371 Munich
Phone: +49 89 4622 9112
Email: u.baehring[at]planspektrum.de
III. General Information on Data Processing
1. Scope of Processing Personal Data
We generally process the personal data of our users only to the extent necessary for providing a functional website and our content and services. The processing of personal data of our users regularly takes place only with the user's consent. An exception applies in cases where prior consent is not possible for factual reasons and the processing of data is permitted by statutory regulations.
2. Legal Basis for Processing Personal Data
If we obtain the consent of the data subject for processing personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
If processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6(1)(c) GDPR serves as the legal basis.
In cases where the vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights, and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1)(f) GDPR serves as the legal basis for processing.
3. Data Erasure and Storage Duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this is provided for by the European or national legislator in Union regulations, laws, or other provisions to which the data 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 fulfillment of a contract.
IV. Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
Upon each visit to our website, our system automatically collects data and information from the computer system of the accessing device. The following data is collected:
- Information about the browser type and version
- The user's operating system
- The internet service provider of the user
- The user's IP address
- Date and time of access
- Websites from which the user's system reaches our website
- Websites that are accessed by the user's system via our website
This data is also stored in our system's log files. The storage or merging of this data with other personal user data does not occur.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art. 6(1)(f) of the GDPR.
3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to facilitate the delivery of the website to the user's device. For this purpose, the user's IP address must be stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. Additionally, the data is used for optimizing the website and ensuring the security of our information technology systems. No evaluation of the data for marketing purposes takes place in this context. Our legitimate interest in data processing under Art. 6(1)(f) of the GDPR is based on these purposes.
4. Duration of Storage
The data is deleted as soon as it is no longer necessary for achieving the purpose of its collection. In the case of data collected for the provision of the website, this occurs when the respective session is terminated. In the case of data stored in log files, this happens after twelve months. Extended storage is possible. In this case, the user's IP addresses are deleted or anonymized, making it no longer possible to associate the accessing client.
5. Objection and Removal Options
The collection of data for the provision of the website and the storage of data in log files are imperative for the operation of the website. Therefore, there is no option for users to object to this.
V. Use of Cookies
a) Description and Scope of Data Processing
Our website exclusively uses technically necessary cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the unique identification of the browser when the website is accessed again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Session data
b) Legal Basis for Data Processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
c) Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. It is necessary for these functions that the browser is recognized even after a page change. The user data collected through technically necessary cookies is not used to create user profiles. Our legitimate interest in processing personal data pursuant to Art. 6 para. 1 lit. f GDPR is also based on these purposes.
d) Duration of Storage, Objection, and Removal Options
Cookies are stored on the user's computer and transmitted to our site. As a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated from our website, it may no longer be possible to use all functions of the website to their full extent. The transmission of Flash cookies cannot be prevented through browser settings but can be stopped by changing the Flash Player settings.
VI. Contact Form and Email Contact
1. Description and Scope of Data Processing
Our website features a contact form that can be used for electronic communication. When a user utilizes this form, the data entered into the input fields is transmitted and stored by us. This data includes:
- Sender's Name
- Sender's Email Address
- Subject
- Message
At the time of sending the message, the following data is also stored:
- User's IP address
- Date and time of registration
Your consent is obtained during the data processing, and reference is made to this data protection statement.
Alternatively, contact can be made through the provided email address. In this case, the personal data transmitted with the email is stored. There is no disclosure of this data to third parties, and the data is used solely for processing the conversation.
2. Legal Basis for Data Processing
The legal basis for data processing, when the user provides consent, is Art. 6(1)(a) GDPR. When personal data is transmitted via email, the legal basis is Art. 6(1)(f) GDPR. If the email contact aims at concluding a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR.
3. Purpose of Data Processing
Processing the personal data from the input form serves the sole purpose of handling the contact request. In the case of email contact, the necessary legitimate interest in processing the data arises from the contact initiation. Other personal data processed during the transmission serves to prevent misuse of the contact form and ensure the security of our information systems.
4. Duration of Storage
Data is deleted once it is no longer necessary for achieving the purpose of its collection. For personal data from the contact form and emails, this occurs when the respective conversation with the user is concluded. The conversation is considered concluded when it can be inferred from the circumstances that the matter at hand has been conclusively clarified. Additional personal data collected during the transmission is deleted no later than seven days later.
5. Opposition and Removal Option
Users have the option to revoke their consent to the processing of personal data at any time. If a user contacts us via email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued, and all personal data stored during the contact will be deleted.
VII. Web Analysis through Google Analytics
1. Scope of Processing Personal Data
We use Google Analytics, a web analysis service provided by Google Inc. ("Google"), on our website. Google Analytics places a cookie on the user's computer (see above for cookies). When individual pages of our website are accessed, the following data is stored:
- A pseudonymous IP address of the user's accessing system
- Origin (country/region) of the user
- System language
- Operating system
- Device (PC, tablet, or smartphone)
- Browser
- The accessed webpage
- The website from which the user accessed the webpage (referrer)
- The subpages accessed from the accessed webpage
- Duration of stay on the webpage
- Frequency of webpage access
The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. We would like to point out that Google Analytics on this website has been extended with the code "gat._anonymizeIp();" to ensure an anonymized collection of IP addresses (so-called IP masking). In this case, your IP address is truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.
2. Legal Basis for Processing Personal Data
The legal basis for processing users' personal data is Art. 6(1)(f) GDPR.
3. Purpose of Data Processing
Processing users' personal data enables us to analyze the browsing behavior of our users. By evaluating the data obtained, we can compile information about the use of individual components of our website. This helps us continuously improve our website and its user-friendliness. Our legitimate interest in processing the data pursuant to Art. 6(1)(f) GDPR is based on these purposes. The anonymization of the IP address adequately considers users' interest in the protection of their personal data.
4. Storage Duration
The data is deleted as soon as it is no longer needed for our recording purposes. In our case, this occurs after 14 months.
5. Objection and Removal Options
You can prevent the storage of cookies by adjusting your browser settings accordingly; however, please note that in this case, you may not be able to fully use all functions of this website.
Additionally, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
You can prevent the collection by Google Analytics by clicking on the following link. An opt-out cookie will be set, preventing the future collection of your data when visiting this website: [Google Analytics deactivation link](http://tools.google.com/dlpage/gaoptout?hl=de). If the corresponding opt-out cookie is deleted in the meantime, it must be set again.
For more information on terms of use and privacy, please visit http://www.google.com/analytics/terms/de.html or http://www.google.com/intl/de/analytics/privacyoverview.html.
VIII. Use of Social Media Plug-Ins
Currently, we use the following social media plug-ins:
We use the so-called "two-click solution." This means that when you visit our site, no personal data is initially transmitted to the plug-in providers. You can recognize the provider of the plug-in by the logo. We allow you to communicate directly with the plug-in provider via the button. Only if you click on the highlighted field and activate it will the plug-in provider receive information that you have visited the corresponding website of our online offering. In addition, the data mentioned under section IV. of this statement is transmitted.
In the case of Facebook, according to the respective providers, the IP address is immediately anonymized after collection in Germany. By activating the plug-in, personal data about you is therefore transmitted to the respective plug-in provider and stored there (for US providers in the USA). Since the plug-in provider collects data, especially through cookies, we recommend that you delete all cookies through the security settings of your browser before clicking on the grayed-out box.
We do not influence the data collected and data processing operations, nor are we aware of the full extent of data collection, the purposes of processing, or the storage periods. We also have no information on the deletion of the data collected by the plug-in provider.
The plug-in provider stores the data collected about you as usage profiles and uses it for advertising, market research, and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users not logged in) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, and to exercise this right, you must contact the respective plug-in provider. Through the plug-ins, we offer you the opportunity to interact with social networks and other users, enabling us to improve our offering and make it more interesting for you as a user. The legal basis for using the plug-ins is Art. 6(1) sentence 1 lit. f DS-GVO.
The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected by us will be directly assigned to your existing account with the plug-in provider. If you activate the button and link the page, the plug-in provider also stores this information in your user account and shares it publicly with your contacts. We recommend that you regularly log out after using a social network, especially before activating the button, as this way you can avoid being assigned to your profile with the plug-in provider.
For more information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the privacy statements of these providers provided below. There you will also find further information on your related rights and privacy protection settings.
Addresses of the respective plug-in providers and URLs with their privacy policies:
LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085, United States
- [LinkedIn Privacy Policy](https://www.linkedin.com/legal/privacy-policy)
IX. Rights of the Data Subject
If your personal data is processed, you are a data subject within the meaning of the General Data Protection Regulation (GDPR), and you have the following rights vis-à-vis the controller:
1. Right to Information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing exists, you can request information from the controller about the following:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to correction or deletion 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 to complain with a supervisory authority;
(7) all available information on the origin of the data if the personal data was not collected from the data subject;
(8) the existence of automated decision-making, including profiling, according to Article 22(1) and (4) GDPR, and - at least in these cases - meaningful information about the logic involved, as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees according to Art. 46 GDPR in connection with the transfer.
2. Right to Correction
You have the right to correction and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must correct without delay.
3. Right to Restriction of Processing
Under the following conditions, you can request restrictions on the processing of the personal data concerning you:
(1) if you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you reject the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise, or defend legal claims, or
(4) if you have objected to the processing according to Art. 21(1) GDPR, and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
If the processing of the personal data concerning you has been restricted, these data - apart from their storage - may only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person, or for reasons of substantial public interest of the Union or a Member State.
If the restriction of processing has been restricted under the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to Erasure
a. Obligation to Erase
You can request the controller to promptly erase your personal data, and the controller is obligated to promptly erase this data if one of the following reasons applies:
(1) Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
(4) Your personal data has been unlawfully processed.
(5) The erasure of your personal data is required to fulfill a legal obligation under Union or Member State law to which the controller is subject.
(6) Your personal data was collected concerning services offered by the information society according to Art. 8(1) GDPR.
b. Information to Third Parties
If the controller has made your personal data public and is obliged to erase it according to Art. 17(1) GDPR, the controller, taking account of available technology and implementation costs, shall take reasonable steps, including technical measures, to inform data controllers processing the personal data that you, as the data subject, have requested the erasure of any links to, or copies or replications of, your personal data.
c. Exceptions
The right to erasure does not apply to the extent that processing is necessary:
(1) For exercising the right of freedom of expression and information;
(2) For compliance with a legal obligation which requires processing by 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 according to Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
(4) For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes according to Art. 89(1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) For the establishment, exercise, or defense of legal claims.
5. Right to Information
If you have asserted your right to rectification, erasure, or restriction of processing to the controller, the controller is obligated to communicate this rectification or erasure of data or restriction of processing to all recipients to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients from the controller.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you provided to the controller in a structured, commonly used, and machine-readable format. Additionally, you have the right to transmit 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 Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and (2) the processing is carried out by automated means.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others. The right to data portability does not apply to the 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.
7. Right to Object
You have the right to object, on grounds relating to your particular situation, at any time, to the processing of personal data concerning you that is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. The controller shall no longer process your personal data unless they demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims. You have the right to exercise this right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
8. Right to Withdraw Consent for Data Processing
You have the right to withdraw your consent to data processing at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated Individual Decision-Making, 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 is (1) necessary for the conclusion or performance of a contract between you and the controller, (2) authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) based on your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR unless Article 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. Concerning the cases mentioned in (1) and (3), the controller shall implement suitable measures to safeguard your rights freedoms, and legitimate interests, which include, at least, the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.
10. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data concerning you violates the GDPR.
The complaints office is the Bavarian State Office for Data Protection Supervision (BayLDA)
Promenade 18
91522 Ansbach
Germany
Tel.: +49 981 53-1300
Email: poststelle@lda.bayern.de
The supervisory authority to which the complaint has been submitted informs the complainant about the status and results of the complaint, including the possibility of legal remedies under Article 78 of the GDPR.
Consumer Dispute Resolution Act
We always strive to amicably resolve any disagreements with our clients and stakeholders. To this end, in suitable cases and subject to the necessary approval from our liability insurance, we also participate in a conciliation procedure before the expert and parity-staffed conciliation board of the Bavarian Chamber of Architects, but not before a consumer conciliation board within the meaning of the VSBG.