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Privacy statement

Contents

Privacy policy
Privacy policy of our social media channels
Privacy policy and informed consent notice (South Africa)
Information regarding data protection for applicants
Information regarding data protection for customers and potential customers

Privacy policy

1. Preamble

Welcome to our website! We attach great importance to protecting your data and privacy, which is why we explain below what kind of data we process, when, for what purpose and on what legal basis. We also explain how the services we offer work, and how the protection of your personal data is guaranteed in the process.

According to Art. 4 (1) GDPR, personal data is all information that relates to an identified or identifiable natural person. A natural person is considered identifiable if they can be identified directly or indirectly. More information on this can be found in Art. 4 (1) GDPR, for example.

Insofar as we specify our legitimate interest or the legitimate interest of a third party (Art. 6 (1) lit. f GDPR) as the legal basis for the processing of your personal data, you have the right to object in accordance with Art. 21 GDPR.

We will then no longer process your personal data for the purposes of direct advertising or related profiling.

As a result of an objection, we will not process your personal data for other purposes either, unless we can prove compelling reasons for processing worthy of protection that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. In such a case, you must give reasons for your opposition based on your particular situation.

You can also object to the processing of your personal data for reasons arising from your specific situation, for the purposes of scientific or historical research or for statistical purposes in accordance with Art. 89 (1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

We will point out separately in the following sections if there is a right of objection. To exercise this right, please send any objections to: datenschutzbeauftragter@soloplan.de

2. Responsible body

Within the meaning of Art 4 (7) GDPR, the body responsible for processing personal data is:

Soloplan GmbH
Illerhöhe 1
D-87437 Kempten
Phone: +49 831 57407-0
Fax: +49 831 57407-111
Represented by the CEOs Wolfgang Heidl and Fabian Heidl

You can reach our Data Protection Officer at: datenschutzbeauftragter@soloplan.de

Further controllers in accordance with Article 26 GDPR:

Soloplan Polska Sp. Z.o.o. Sp.k.
ul. Dąbrówki 13
40-081 Katowice
Polska

Represented by the CEOs Wolfgang Heidl and Fabian Heidl

Soloplan SA (Pty) Ltd
Gijima Office Park
Jupiter Building 47
Landmarks Ave Kosmosdal
Centurion
Pretoria 0157
South Africa

Represented by the CEOs Wolfgang Heidl and Fabian Heid

3. Log files

Whenever you access our website, data from your device is automatically processed in log files. This data may include personal data. This applies to the following data:

The operating system of your device
The type of browser you are using
The name of your provider
Your IP address
The date and time you accessed the website
The websites you have accessed, including any search words
The websites from which you have accessed our website

We do not process this data together with any of your other personal data, i.e. we do not connect the abovementioned data with your person.
The legal basis for the processing of automatically created data is Art. 6 (1) subparagraph 1 lit. f GDPR. Processing is necessary to ensure the functionality of the website as well as to optimise the contents of our website and correctly display them, and, in case of a cyberattack, to provide law enforcement agencies with the information necessary for criminal prosecution. This also represents the legitimate interest for data processing.
The automatically created data is deleted as soon as it is no longer required for the abovementioned purposes, i.e. when the respective website session has been closed. In the case that your IP address has been processed, it will be deleted after no more than seven days.
The processing of the abovementioned data for the availability of the website and any saving of the data in log files is essential for the operation of the website. Thus, the right to object cannot be exercised.

4. Borlabs Cookie

This website uses Borlabs Cookie, which sets a technically required cookie (borlabs cookie) to save your cookie settings. Borlabs Cookie does not process any kind of personal data. In the cookie set by Borlabs Cookie, the consent you gave upon accessing the website is saved. If you wish to revoke this consent, you simply need to delete the cookie in your browser. When you reopen/reload the website, you will be asked to consent to cookies again

5. YouTube

This website uses YouTube LLC, a company of Google Inc., for the integration of videos. The “extended data protection mode” option provided by YouTube is used. This means that YouTube will not store any of your personal data unless you watch the video. If you are logged in to YouTube, this data will also be associated with your YouTube account. You can prevent this by logging out of your YouTube account before watching the video. We have no knowledge of and no influence on the possible collection and use of your data by YouTube. For more information, please refer to YouTube’s privacy policy at https://www.google.com/intl/en/policies/privacy/.

6. Contact form

We use a contact form on our website. If you use this form to make contact with us, the data you enter will be processed.

Depending on what information you provide, this may include:

Name
Company
Country
E-mail address
Phone number
Any other data that you enter into the “Message” field.

When you submit the form, the following data is also stored:

Date and time of submission
and all of the details listed above

The purpose of processing the data you have provided is to handle your contact request.

To do this, your data will be collected in our system.
The legal basis for this processing is Art. 6 (1) lit. f GDPR. We have a legitimate interest in answering your contact request in the best possible way.
The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide it, either. Not providing this information may, however, mean that you cannot use our contact form fully or at all.

You have the right to object. You can send us this objection by e-mail at any time to datenschutzbeauftragter@soloplan.

7. Contacting us

You can contact us by mail, telephone, fax or by e-mail.
Depending on which medium you use to contact us or which data you enter as part of this, we will then get in touch with you optionally by telephone, fax or e-mail and if necessary call you back or reply in writing. Depending on how you contact us, we process the associated information you provide, the time of contact and your request. The purpose of the processing is to handle the contact request and to be able to get in contact with the enquirer to answer the request. The legal basis for this processing is Art. 6 (1) lit. f GDPR. We have a legitimate interest in offering you the opportunity to contact us at any time and to answer your questions. The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide it, either. Not providing this information may, however, mean that you cannot use our comments function fully or at all. You have the right to object. You can send us this objection by e-mail at any time to datenschutzbeauftragter@soloplan.de.

8. Applications

Our website offers you the opportunity to apply for job vacancies and to send us your application by e-mail, through our applications portal and by mail. If you avail yourself of any of these options, we will process the information you provide to us in the context of your application. Where applications are received electronically, we will process your e-mail address so that we are able to get in touch with you. For applications received by mail, we process the data you provide so that we are able to contact you.

The purpose of processing this information is to be able to determine whether an applicant is suitable.
The legal basis for the processing of your e-mail address is Art. 6 (1) lit. f GDPR. We have a legitimate interest in being able to contact you and answer your questions. The legal basis for the processing of the information resulting from your application is Art. 6 (1) lit. b; Art. 88 (1) GDPR; and § 26 (1) of the German Federal Data Protection Act (BDSG). The data will be deleted as soon as a decision has been taken for or against an applicant. If you have sent your application by mail, we will return it as soon as the application process has closed.
The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide it, either. Not providing this information may, however, mean that you cannot use the opportunity to contact us fully or at all. You have the right to object. You can send us this objection by e-mail at any time to datenschutzbeauftragter@soloplan.de.

9. Google

In order to improve the comfort and quality of our service, the following Web services of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), have been enabled. Google receives and processes the data created by the use of the corresponding cookies on our website.

a) Google Analytics

This website uses Google Analytics, a Web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called cookies. Cookies are text files that are stored on your computer and allow an analysis of your use of the website. The data these cookies provide on your use of this website is usually transmitted to and stored on a Google server located in the US. However, should IP anonymisation be enabled on this website, Google will truncate your IP address before transmission if you are located in a member state of the European Union or in any other state party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US and be truncated there. On behalf of the website owner, Google will use this data to evaluate your use of the website, to compile reports on the website activity and to provide additional services associated with the website and Internet use to the website owner. The IP address transmitted by your browser as part of Google Analytics will not be combined with any other Google data. You can adjust your browser software correspondingly to prevent the storage of cookies. However, please note that if you do so, you may not be able to use the full functionality of this website. In addition, you can prevent Google from collecting and processing cookie data related to your use of the website (including your IP address) by clicking on this link and downloading and installing the browser plugin.

In view of the discussion on the use of analysis tools and the transmission of full IP addresses, we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()”, which means that IP addresses are only processed in truncated form in order to exclude a direct personal reference. Especially for browsers on mobile devices, please click on this link (Google Analytics Opt-out) to prevent the anonymous collection of your data by Google Analytics on this website for your browser with future effect by means of a so-called “opt-out cookie”.

b) Google AdWords Conversion Tracking

This website uses Google AdWords Conversion Tracking, a Web analysis service provided by Google Inc. (“Google”). Google AdWords Conversion Tracking also uses cookies that are stored on your computer and allow an analysis of your use of the website. The data these cookies provide on your use of this website is transmitted to and stored on a Google server located in the US. Google will use this data to evaluate your use of the website, to compile reports on the website activity and to provide additional services associated with the website and Internet use to the website owner. Google may also transmit this data to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate this data with any other Google data. You can generally prevent the use of cookies if you prohibit the storage of cookies in your browser.

Apart from conversion tracking, the remarketing or “similar audiences” function is used. With the remarketing function, users who have already visited our website are reached by means of a temporary cookie. This way, we can display our advertisements to users of this website who are already interested in our products or services on other websites of the Display Network (see below). In addition, AdWords determines the common interests and characteristics of the users of our website based on the user behaviour on websites that are part of Google’s advertising network (“Display Network”) as well as with the help of the contextual search engine. Based on this information, AdWords then finds new potential customers for marketing purposes whose interests and characteristics are similar to those of the users of our website. Target group-specific remarketing is carried out by means of the combined use of cookies, e.g. Google Analytics cookies and Google DoubleClick cookies, in the browsers of the website users.

If you do not want to take part in tracking, you can prevent the installation of cookies using the corresponding setting in your browser software (opt-out option). Or click on the following link and install the plug-in provided there: https://www.google.com/settings/ads/plugin. You can also opt out of using cookies by third parties by opening the opt-out page of the Network Advertising Initiative under http://www.networkadvertising.org/choices/.

You can find additional information on Google AdWords by clicking on this link: https://policies.google.com/technologies/ads?hl=en-GB

c) Use of Google Maps

This website uses Google Maps to display map information. When you use Google Maps, Google also processes and uses data regarding the use of the Maps functions by users of the website. You can find additional information on the processing of data by Google in Google’s privacy policy under https://policies.google.com/privacy?hl=en-GB. There, in the data safety centre, you can also adjust your settings so that you can manage and protect your data.

d) Use of a Google tool for the protection of the forms on the website

We use services of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) to determine whether our contact or newsletter forms are completed by an authorised visitor or by a potential cyberattacker. Google performs checks on the basis of the following data: IP address of the device used, website visited, date and duration of the visit, identification data of the browser type and operating system type used, Google account (if the user is logged in), mouse movements and tasks that require the identification of images. We have a legitimate interest in processing this data in order to ensure the security of our website and to protect ourselves from automated entries (cyberattacks). Further information is available under the following link: https://policies.google.com/privacy?hl=en-GB. Click on the following link in case you want to object: https://adssettings.google.com/authenticated.

10. OpenStreetMap

On our website, we have integrated map sections from the online map tool “OpenStreetMap”. This is a so-called open-source mapping that we can access via an API (interface). This function is provided by the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. When you use this map function, your IP address is passed on to OpenStreetMap. In this privacy policy, you learn why we use functions of the OpenStreetMap tool, where we store which data and how you can prevent data from being stored.

11. VIMEO

We also use videos of the company Vimeo on our website. The video portal is operated by Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA. This way, in combination with a plug-in, we can display interesting video material to you directly on our website. During that process, some of your data may be transferred to Vimeo. In this privacy policy, we show you which data is affected, why we use Vimeo and how you can manage your data or prevent the data from being transferred.

12. Social bookmarks

So-called social bookmarks (e.g. from Facebook, LinkedIn and YouTube) are integrated into our website. However, they are integrated into our website merely as links to the corresponding services. After having clicked on the integrated graphic, you will be redirected to the website of the respective provider, i.e. only then will user data be transmitted to the respective provider. Please refer to the data protection regulations of the respective provider to find information on how your personal data will be handled when you use these websites.

13. Rights of the data subject

As the data subject, you have the following rights:

Right of access by the data subject pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erasure pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 f. GDPR
Right to data portability pursuant to Art. 20 GDPR
Right to object pursuant to Art. 21 GDPR

For any requests of this nature, please contact datenschutzbeauftragter@soloplan.de. Please note that in relation to such requests, we must ensure that the person concerned is indeed the data subject. Without prejudice to any other administrative or judicial recourse, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Article 77 GDPR.
Automated decision making does not take place on our website.

14. Revocation

You have the right to revoke any consent you have given at any time with future effect, without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.

Privacy policy of our social media channels

I. Introduction

The protection of your personal data is extremely important to us. Below you can find information on how we handle the data collected through your use of our social media presences on social networks and platforms. Your data is processed in accordance with the legal regulations.

II. Providers

1. Facebook fan page

1.1 Responsible body

In the event that the data you provide us with is also or exclusively processed by Facebook, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, is, in addition to ourselves or in our place, responsible for data processing within the meaning of the GDPR. To this end, we have concluded an agreement with Facebook in accordance with Art. 26 GDPR on joint responsibility for data processing (Controller Addendum). This agreement defines which data processing operations we or Facebook are responsible for when you visit our Facebook fan page. You can view this agreement via the following link: https://www.facebook.com/legal/terms/page_controller_addendum. If you as a visitor to the site wish to exercise your rights (access, rectification, erasure, restriction, data portability, complaint to the supervisory authority, objection or revocation), you can contact both Facebook and us.
You can independently adjust your advertising settings in your user account. To do this, click on the following link and log in: https://www.facebook.com/settings?tab=ads or http://www.youronlinechoices.com
Further details can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/

1.2 Data protection officer at Facebook

To contact the data protection officer of Facebook, you can use the online contact form provided by Facebook at the following link: https://www.facebook.com/help/contact/540977946302970.

1.3 Data processing for statistical purposes with Page Insights

Facebook provides so-called Page Insights for our Facebook fan page: https://www.facebook.com/business/a/page/page-insights. This is summarised data that provides information on how people are interacting with our page. Page Insights can be based on personal data that is collected in relation to a visit or interaction of persons on or with our page and in relation to the content provided. Please be aware of what kind of personal data you share with us via Facebook. Your data may be processed for market research and advertising purposes even if you are not logged in to Facebook or do not own a Facebook account. User profiles, for example, can be created from the usage behaviour and resulting interests of the user. The user profiles can then, in turn, be used to display advertisements within and outside of the platforms that are assumed to match the users’ interests. This data is collected via cookies that are stored on your device. The user profiles can also be used to store data that is independent of the devices used by the user; especially if the user is a member of the platforms concerned and is logged in to them. The legal basis for processing is Art. 6 (1) lit. f GDPR. Our legitimate interest lies in the optimised presentation of our offer, in effectively informing and communicating with customers and interested parties as well as in the targeted placement of advertisements. Please note that we have no influence on the collection of data and its further processing by Facebook. As a result, we cannot provide any information about the extent to which data is stored as well as where and for how long it is stored by Facebook. Furthermore, we cannot make any statements about the extent to which Facebook complies with existing deletion obligations, which evaluations and links to the data are carried out by Facebook and to whom the data is passed on by Facebook.

If you wish to avoid your data being processed by Facebook, please contact us via a different route.

2. Other social media providers

2.1 Responsible body

If your personal data is processed by a provider listed below, this provider is responsible for data processing in accordance with the GDPR. For the assertion of your data subject rights, we point out that they can be asserted most effectively with the respective providers. Only they have access to the data collected from you. Should you require any assistance, however, please feel free to contact us at any time.

We have online presences on the social media platforms of the following providers:

Instagram Inc., Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland
YouTube, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland

2.2 Data protection officer

Information on how to contact the data protection officers of the other social media providers can be found here:

Instagram Inc.: https://www.facebook.com/help/contact/
LinkedIn Ireland Unlimited Company: https://www.linkedin.com/help/linkedin/ask/TSO-DPO?lang=en
YouTube, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

III. General Information on Social Media Platforms by Soloplan GmbH

1. Responsible body

The body responsible for data processing within the meaning of the GDPR is the following, insofar as we process the data transmitted to us by you via one of the social media platforms:
Soloplan GmbH
Illerhöhe 1
D-87437 Kempten
datenschutzbeauftragter@soloplan.de
https://www.soloplan.com/

2. Our Data Protection Officer

If you have questions regarding the data processing carried out by us as the responsible body, you can reach our Data Protection Officer at the following contact details: datenschutzbeauftragter@soloplan.de

3. General data processing on social media platforms

3.1 Data processing for market research and advertising

In general, personal data on the company’s website is only used for market research and advertising. For this purpose, a cookie is set in your browser, which enables the respective provider to recognise you when you visit a website. This data can be used to create usage profiles. They are used to display advertisements which presumably correspond to your interests within and outside of the platform. Furthermore, data can also be stored in the user profiles independently of the devices you use. This is usually the case if you are a member of the respective platforms and are logged in to them.

3.2 Data processing during first contact

We ourselves collect personal data when you contact us, e.g. via a contact form or through a messenger service such as Facebook Messenger. The data collected depends on the information you provide and the contact details you have provided or approved. This data is stored by us in order to process the enquiry and for subsequent questions. We will, under no circumstances, pass your data on to third parties without your consent. The legal basis for the data processing is our legitimate interest in replying to your enquiry in accordance with Art. 6 (1) lit. f of the GDPR and, if applicable, Art. 6 (1) lit. b GDPR, if your request is aimed at the conclusion of a contract. Your data is deleted after the final processing of your enquiry, provided that this does not conflict with any statutory storage obligations. We assume that processing has been completed when it is clear from the circumstances that the matter in question has been resolved conclusively.

3.3 Data processing for contract processing

If your enquiry via a social network or other platform is aimed at the conclusion of a contract over the delivery of goods or the provision of services, we will process your data in order to fulfil contractual duties or carry out pre-contractual measures or to provide the requested services. In this case, the legal basis for the processing of your data is Art. 6 (1) lit b GDPR. Your data will be deleted as soon as it is no longer necessary for the execution of your contract or if it becomes clear that the pre-contractual measures do not lead to a conclusion of contract corresponding to the purpose of the contact. Please note that it may be necessary to store personal data of contractual partners even after conclusion of the contract in order to comply with contractual or legal obligations.

3.4 Data processing based on consent

If you are asked by the respective platform providers to consent to processing for a special purpose, the legal basis for the data processing is

art. 6 section 1 lit. a., art. 7 GDPR. A given consent can be revoked at any time, with effect for the future.

IV. Data transfer and recipient

Please note that through the usage of the social media platforms, data might be processed outside the EU and the European Economic Area which means that the European data protection level cannot necessarily be guaranteed.

We have no influence on the processing and handling of your personal data by the respective providers. Nor do we have any information on this matter. For further information please see the privacy policy of the respective provider:

Instagram Data Policy/Opt-out: http://instagram.com/about/legal/privacy/
YouTube/Google Privacy Policy: https://policies.google.com/privacy?hl=de&gl=de, Opt-out: https://adssettings.google.com/authenticated,
LinkedIn Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out,

V. Your Rights

In the following, you can find information on the data subject rights which the applicable data protection law grants you vis-à-vis the controller. You are entitled to request information concerning the data processed by us; Art. 15 GDPR. In particular, you can request information about the purpose of processing; the category of personal data; the categories of recipients to whom the personal data has been or will be disclosed; the envisaged storage period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data is not collected from the data subject, any available information as to its source; the existence of automated decision-making, including profiling and, if applicable, meaningful information about their details.

Furthermore, you have the right to obtain from the controller without undue delay the rectification of inaccurate personal data or to have incomplete personal data completed; art 16 GDPR.

You have the right to obtain from the controller the erasure of personal data if it is not required for the processing of the exertion of the right of freedom of expression and information; for compliance with a legal obligation; for reasons of public interest; for the establishment, exercise or defence of legal claims; Art. 17 GDPR.

You have the right to obtain from the controller restriction of processing of your personal data if you contest the accuracy of the personal data; the processing is unlawful but you oppose the erasure and we do not require your data anymore, but they are required by you for the establishment, exercise or defence of legal claims; or if you have objected to processing pursuant to Art. 21 GDPR; Art. 18 GDPR.

You have the right to receive your personal data, provided to us, in a structured, commonly used and machine-readable format and to request transmission of the data to another controller; Art 20 GDPR.

In accordance with Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority. In General, you can contact the supervisory authority of the state of our registered office mentioned above or that of your usual residence or place of work.

At any time, you have the right to revoke consent you have given, with future effect; Art. 7 (3) GDPR. In the case of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. Revocation of consent does not affect the lawfulness of the processing carried out due to the consent up to the revocation.

Right to objection
If your personal data has been processed by us on basis of legitimate interests in accordance with Art. 6 (1) lit. f GDPR pursuant to Art. 21 GDPR you have the right to object to processing of personal data if this is done for reasons arising from your particular situation.

If you object to the processing of personal data for direct marketing purposes, you have a general right to objection without the requirement of specific reasons.
If you would like to make use of your right to objection or revocation of consent, you can contact our Data Protection Officer via e-mail to datenschutzbeauftragter@soloplan.de.

VI. Storage period

The personal data collected by us will be deleted by our system as soon as it is no longer required for the purpose specified at the time of collection or if have exercised your right of revocation or objection. Legal storage times remain unaffected. We have no influence on the storage period of your personal data which is stored by the social media providers for their own purposes. Please contact them directly for details.

Privacy policy and informed consent notice (South Africa)

SOLOPLAN SA (PTY) LTD

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.

Soloplan SA (Pty) Ltd is committed to protecting all person’s rights to privacy and will, as far as is reasonably practicable, ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law. Soloplan SA (Pty) Ltd has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to Soloplan SA (Pty) Ltd’ Information and Services including its online and social media platforms and applications.

This Notice sets out the responsibilities and obligations of all persons who make use of, or access or receive Soloplan SA (Pty) Ltd’ Information and Communications via its electronic communication facilities and resources including its website, App, email and social media platforms and how all users of these facilities and resources are to ensure that when using these facilities and resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the eight Personal Information Processing Conditions.

PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF SOLOPLAN SA (PTY) LTD ELECTRONIC FACILITIES OR PROVIDE SOLOPLAN SA (PTY) LTD WITH ANY PERSONAL INFORMATION. BY PROVIDING SOLOPLAN SA (PTY) LTD WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO SOLOPLAN SA (PTY) LTD PROCESSING YOUR PERSONAL INFORMATION, WHICH SOLOPLAN SA (PTY) LTD UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY NOTICE.

1. INTRODUCTION

1.1 Soloplan SA (Pty) Ltd does, and will, on an on-going basis, receive, provide and process Personal Information.

1.2 In terms of the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.

1.3 In order to give effect to this right, Soloplan SA (Pty) Ltd is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by Soloplan SA (Pty) Ltd.

1.4 In accordance with this requirement, Soloplan SA (Pty) Ltd sets out below

the reasons why processes a Data Subject’s Personal Information,
the conditions under which it will receive and use a Data Subjects Personal Information,
how Soloplan SA (Pty) Ltd will use and handle this Personal Information, as well as the conditions under which it will provide its own Personal Information.

2. APPLICATION

2.1 The Privacy Notice is applicable to: –

2.1.1 all Soloplan SA (Pty) Ltd electronic platforms and facilities, including social media, websites, Apps and / or email, whether owned by, established by, used by, hosted by and / or accessed by Soloplan SA (Pty) Ltd, and

2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned electronic platforms and facilities, including, without detracting from the generality thereof, Soloplan SA (Pty) Ltd’ employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.

2.2.2 all the Personal Information which is owned by Soloplan SA (Pty) Ltd and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of Soloplan SA (Pty) Ltd’ social media and electronic platforms.

3. ACCOUNTABILITY

3.1 Soloplan SA (Pty) Ltd takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Notice.

3.2 In turn where Soloplan SA (Pty) Ltd provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Notice.

3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to Soloplan SA (Pty) Ltd or that belonging to a Data Subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by Soloplan SA (Pty) Ltd to another or received by Soloplan SA (Pty) Ltd as a result of the use of Soloplan SA (Pty) Ltd’ electronic platforms and facilities.

4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

4.1 By submitting Personal Information or by accessing or using the electronic platforms and facilities including all websites, Apps and URL’s, any sites housed under its domain names and / or social media platforms, and / or when sending or receiving emails email, Data Subject:

4.1.1 acknowledges that it has read and understood this Privacy Notice and related provisions;

4.1.2 agrees to be bound by the terms and conditions of this Privacy Notice;

4.1.3 agrees to comply with this Privacy Notice; and

4.1.4 gives Soloplan SA (Pty) Ltd explicit consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Notice.

5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY SOLOPLAN SA (PTY) LTD.

5.1 Soloplan SA (Pty) Ltd will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the Soloplan SA (Pty) Ltd electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.

5.2 On receipt of the request or query, Soloplan SA (Pty) Ltd will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which, without detracting from the generality thereof, may include:

for the purposes of identifying and / or verifying the Data Subject’s details;
to gather contact information;
for the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
to enrol the Data Subject as a visitor;
to grant the Data Subject access;
for employment application purposes;
for the purpose of concluding an employment relationship with an applicant;
for the purposes of managing any information pertaining to the Data Subject;
for further processing or general administration purposes;
for legal or contractual purposes;
to detect and prevent fraud;
for the purpose of debt collection;
for the purposes of identifying other products and/or services which might be of interest to the Data Subject;
for the purposes of informing a Data Subject about Soloplan SA (Pty) Ltd products and/or services.

5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, Soloplan SA (Pty) Ltd may from time to time share a Data Subject’s Personal Information with the following parties:

Soloplan SA (Pty) Ltd employees, which will only be done on a need-to-know basis;
Soloplan SA (Pty) Ltd suppliers, which will only be done on a need-to-know basis;
operators such as service providers and agents who perform services on behalf of Soloplan SA (Pty) Ltd which will only be done on a need-to-know basis and in terms of a written operator agreement.

5.4 Soloplan SA (Pty) Ltd does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:

Soloplan SA (Pty) Ltd is legally obliged to provide such information to another for legal or regulatory purposes;
Soloplan SA (Pty) Ltd is required to do so for purposes of existing or future legal proceedings;
the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of Soloplan SA (Pty) Ltd legitimate interests or that of the Data Subject or a third party;

and under all of the abovementioned circumstances, Soloplan SA (Pty) Ltd will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.

6. RECEIPT, USE AND SHARING OF SOLOPLAN SA (PTY) LTD PERSONAL INFORMATION

Soloplan SA (Pty) Ltd on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website or App, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by Soloplan SA (Pty) Ltd

7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

7.1 Whilst Soloplan SA (Pty) Ltd will make all efforts to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform Soloplan SA (Pty) Ltd of any changes to his / her and its Personal Information.

7.2 A Data Subject has a right of access to any Personal Information which Soloplan SA (Pty) Ltd may have and where applicable may ask Soloplan SA (Pty) Ltd to correct any inaccuracies in or to any such Personal Information.

8. SECURITY OF PERSONAL DATA

8.1 Soloplan SA (Pty) Ltd makes all reasonable effort to keep its social media and electronic platforms, including its website, secure at all times. However, Soloplan SA (Pty) Ltd advises that it cannot guarantee the security of any information provided to or by Soloplan SA (Pty) Ltd through it’s website, e-mail, internet or social media sites.

Following this Soloplan SA (Pty) Ltd cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond Soloplan SA (Pty) Ltd reasonable control.

8.2 Soloplan SA (Pty) Ltd has placed cookies on its website which makes contact with your / a Data Subject’s device to help improve Soloplan SA (Pty) Ltd social media and electronic platforms and website. If a user (Data Subject) does not want information collected through the use of cookies the user may follow the deny or accept cookies feature. If Data Subjects do not disable cookies, Data Subjects are deemed to consent to Soloplan SA (Pty) Ltd use of any Personal Information – collected using cookies.

8.3 Note that all Soloplan SA (Pty) Ltd social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recordal and interception of content placed on or stored on said facilities which is done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),

8.4 Subject to the provisions above, Soloplan SA (Pty) Ltd has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorised access, accidental or wilful manipulation, loss or destruction.

8.5 Soloplan SA (Pty) Ltd will notify Data Subjects of any unauthorized use, disclosure or processing of the Data Subject’s Personal Information.

9. DISCLAIMER

The use of the website and / or App is entirely at the Data Subject’s own risk and Data Subjects assume full responsibility for any risk or loss resulting from the use of the website and / or App. Soloplan SA (Pty) Ltd disclaims liability for any damage, loss or expenses arising out of or in connection with the Data Subject’s access to or use of the website and / or App, unless otherwise provided in law.

10. CONTACT DETAILS

You can contact the manager in relation to this Privacy Notice by writing to us at or by calling our Information Officer Ms Jill Trösser-Ordonez on 087 183 1460.

Data protection information for applicants

In the following, we inform you about how we process your personal data and about your rights which you can assert against us under the GDPR.

1. Responsible body

Company name: Soloplan GmbH

Street: Illerhöhe 1

Postcode, city: 87437 Kempten

Phone: +49831/574070

E-mail: info@soloplan.de

You can reach our Data Protection Officer at:

datenschutzbeauftragter@soloplan.de

2. Purposes and legal basis of the processing

The data we received from you are only processed for the purposes for which you have transmitted it to us. The processing for other purposes can only be considered if the legal requirements in accordance with Art. 6 (4) GDPR are met. We will, of course, comply with the resulting information obligations according to Art. 13 (3) and Art. 14 (4) GDPR.

We process your personal data in accordance with the requirements set in the European General Data Protection Regulation (EU-GDPR) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the decision on the establishment of an employment relationship with us. The legal basis for this is Art. 88 GDPR in conjunction with § 26 BDSG (new) as well as, if applicable, Art. 6 (1) lit. b GDPR for the initiation or implementation of contractual relationships.

If you expressively consent to the processing of your personal data for certain purposes, the lawfulness of this processing is based on Art. 6 (1) lit. a GDPR. A given consent can be revoked at any time, with effect for the future. Should the consent also apply to the processing of special categories of personal data in accordance with Art. 9 GDPR, we will expressly point this out to you in advance. If the processing of your personal data is necessary to defend against legal claims asserted against us in connection with the employment relationship, this processing is based on the legal basis of Art. 6 (1) lit. f GDPR.

If necessary and legally permissible, we process your data beyond the actual contractual purposes in order to fulfil legal obligations in accordance with Art. 6 (1) lit. c GDPR. In addition, processing may be carried out to protect the our legitimate interests or third parties in accordance with Art 6 (1) lit. f GDPR. We will inform you separately, indicating the legitimate interest, insofar as this is required by law. If your personal data has been processed on the basis of Art. 6 (1) lit. GDPR to protect the legitimate interest you have the right, in accordance with At 21 GDPR, to object to processing of your data for reasons arising from your particular situation, at any time. In such a case, we will not process your data unless we can prove compelling legitimate reasons for processing. These reasons have to outweigh your interests, rights and freedoms, or the processing has to serve to assert, exercise or defend legal claims.

In the event that an employment relationship is established between you and us, we can, in accordance with Art. 88 GDPR in conjunction with § 26 BDSG (new) process the personal data already received from you for the purpose of the employment relationship, insofar as this is required for the execution or termination of the employment relationship or for the exercise or fulfilment of the rights and obligations of the employees’ interest representation resulting from legislation or collective labour agreements, works or service agreements.

3. Data storage period

We process your data as long as it is necessary for the decision regarding your application. The personal data or application documents provided by you will be deleted a maximum of six months after the end of the application procedure unless longer storage is legally required or permitted.

Your data will only be stored beyond the above-mentioned purposes if we are subject to various storage and documentation obligations arising from the German Commercial Code (HGB) and The Fiscal Code of Germany (AO). The periods of storage or documentation prescribed there range from two to ten years.

Lastly, the duration of storage also depends on the statutory limitation periods, which, for example, in accordance with sections 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases may be up to thirty years.

In principle, we perform an examination of data at the end of a calendar year with regard to the necessity of further processing. Given the volume of data, this examination is carried out for specific data types and processing purposes.

If you have given your consent to the storage of your personal data for a longer period of time, we will store it in accordance with your consent.

If the application process results in employment, your data will continue to be stored to the extent necessary and permissible and then transferred to the personnel file.

4. Data recipients

Within our company, we only pass on your personal data to those areas and persons who require this data to fulfil contractual and legal obligations or to implement our legitimate interests.

Furthermore, your personal data will be processed on our behalf on the basis of contracts regarding the processing pursuant Art. 28 GDPR. In these cases, we ensure that personal data is processed in accordance with the provisions of the GDPR.

Data will otherwise only be passed on to recipients outside the company if permitted or required by law, if the transfer is necessary for processing and thus for the fulfilment of the contract or, at your request, for the implementation of pre-contractual measures, if we have your consent or if we are authorised to provide information.

5. Categories of personal data

We only process personal data which you have provided us with your application. This includes general data regarding you as a person, such as name, address, contact data, etc., but also information on your professional qualifications, school education, further professional training as well as additional data you provided to us.

6. Your rights

Every data subject has the following rights:

The right of access pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erasure pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 GDPR
Right to notification pursuant to Art. 19 GDPR
Right to data portability pursuant to Art 20 GDPR

To exercise these rights, please contact: datenschutzbeauftragter@soloplan.de; or write us per mail at Soloplan GmbH, Illerhöhe 1, D-87437 Kempten.

Pursuant to Art. 77 GDPR, you also have the right to lodge a complaint with a supervisory authority. This right is without prejudice to any other administrative or judicial remedy.

In particular, you have the right to object, in accordance with Art.21 (1) and (2) GDPR, against the processing of your data in regards to direct marketing, if this is based on a weighing of interests.

7. Data sources

Only the personal data you provided us with for the purpose of establishing contact or your application is processed.

8. Transfer to a third country

A data transfer to a third country (outside the European Union/European Economic Area) only takes place insofar it is necessary or legally required for the execution of the contractual relationship or if you have given your consent. At the moment, we do not transfer your personal data to a service provider outside the European Economic Area.

9. Provision of personal data

As a rule, the provision of personal data for the purpose of establishing, implementing or fulfilling a contract or for pre-contractual measures is neither required by law nor by contract. Thus, you are not obliged to provide information on personal data. Please note, however, that these are usually necessary for the decision to conclude a contract, for the fulfilment of a contract or for pre-contractual measures. If you do not provide us with any personal data, we may not be able to make a decision in the context of contractual measures.

10. Automated decision-making

We do not use purely automated processing to make a decision.

Data protection information for customers and potential customers

In the following, we inform you about how we process your personal data and about your rights which you can assert against us under the GDPR.

1. Responsible body

Company name: Soloplan GmbH

Street: Illerhöhe 1

Postcode, city: 87437 Kempten

Phone: +49831/574070

E-mail: info@soloplan.de

You can reach our Data Protection Officer at:

datenschutzbeauftragter@soloplan.de

2. Purposes and legal basis of the processing

The data we receive from you will only be processed for the purposes for which you have transmitted it to us. The processing for other purposes can only be considered if the legal requirements in accordance with Art. 6 (4) GDPR are met. We will, of course, comply with the resulting information obligations according to Art. 13 (3) and Art. 14 (4) GDPR.

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (EU GDPR) and the German Federal Data Protection Act (BDSG).

If you expressively consent to the processing of your personal data for certain purposes, the lawfulness of this processing is based on Art. 6 (1) lit. a GDPR. A given consent can be revoked at any time, with effect for the future. Should the consent also apply to the processing of special categories of personal data in accordance with Art. 9 GDPR, we will expressly point this out to you in advance. If it is necessary to provide personal data as part of the initiation or implementation of a contractual relationship or as part of the implementation of pre-contractual measures, this is legitimised by Art 6 (1) lit. b GDPR.

If necessary and legally permissible, we process your data beyond the actual contractual purposes to fulfil legal obligations in accordance with Art. 6 (1) lit. c GDPR. In addition, processing may be carried out to protect the our legitimate interests or third parties in accordance with Art 6 (1) lit. f GDPR. We will inform you separately, indicating the legitimate interest, insofar as this is required by law. If your personal data has been processed on the basis of Art. 6 (1) lit. GDPR to protect the legitimate interest you have the right, in accordance with At 21 GDPR, to object to processing of your data for reasons arising from your particular situation, at any time. In such a case, we will not process your data unless we can prove compelling legitimate reasons for processing. These reasons have to outweigh your interests, rights and freedoms, or the processing has to serve to assert, exercise or defend legal claims.

3. Data storage period

We process the data as long as required for the respective purpose.

As soon as your data is no longer required for the above-mentioned purposes or you revoke your consent, the data will be deleted by us.

4. Data recipients

Within our company, we only pass on your personal data to those areas and persons who require this data to fulfil contractual and legal obligations or to implement our legitimate interests.

5. Categories of personal data

Only data relating to the establishment of the contract or pre-contractual measures are processed. This includes general data regarding you as a person or persons in your company, as well as any other data that you provide us within the context of establishing the contract.

6. Your rights

Every data subject has the following rights:

The right of access pursuant to Art. 15 GDPR
Right to rectification pursuant to Art. 16 GDPR
Right to erasure pursuant to Art. 17 GDPR
Right to restriction of processing pursuant to Art. 18 GDPR
Right to notification pursuant to Art. 19 GDPR
Right to data portability pursuant to Art 20 GDPR

To exercise these rights, please contact: datenschutzbeauftragter@soloplan.de

Pursuant to Art. 77 GDPR, you also have the right to lodge a complaint with a supervisory authority. This right is without prejudice to any other administrative or judicial remedy.

7. Transfer to a third country

At the moment, we do not transfer your personal data to a service provider outside the European Economic Area.

8. Data sources

The processing of personal data is carried out based on information you provided for the initiation of a contractual relationship or as part of pre-contractual measures.

9. Provision of personal data

10. Automated decision-making

We do not use purely automated processing to make a decision.