Last updated June 30, 2023
Thank you for choosing to be part of our community at Mainteny (" Company ", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org .
When you visit our website https://mainteny.com (the "Website"), use our mobile application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App ), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App ), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services , the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect email addresses ; phone numbers ; and other similar information.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
- Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
Information collected through our App
In Short: We collect information regarding your geo-location, push notifications, when you use our App.
If you use our App, we also collect the following information:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
- Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.
In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
- To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at email@example.com and be sure to include your name, testimonial location, and contact information.
- Request feedback. We may use your information to request feedback and to contact you about your use of our Services .
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.\
- For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services , products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
5. DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at firstname.lastname@example.org.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at email@example.com.
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Contact us using the contact information provided.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit https://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
- Contact us using the contact information provided.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
|Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
|B. Personal information categories listed in the California Customer Records statute
|Name, contact information, education, employment, employment history and financial information
|C. Protected classification characteristics under California or federal law
|Gender and date of birth
|D. Commercial information
|Transaction information, purchase history, financial details and payment information
|E. Biometric information
|Fingerprints and voiceprints
|F. Internet or other similar network activity
|Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
|G. Geolocation data
|H. Audio, electronic, visual, thermal, olfactory, or similar information
|Images and audio, video or call recordings created in connection with our business activities
|I. Professional or employment-related information
|Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
|J. Education Information
|Student records and directory information
|K. Inferences drawn from other personal information
|Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at firstname.lastname@example.org, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
Mainteny has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Mainteny will not sell personal information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
- you may object to the processing of your personal data
- you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
- you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at email@example.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Tom Chenna, by email at firstname.lastname@example.org, or by post to:
Rheinsberger Str. 76/77
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: https://mainteny.com. We will respond to your request within 30 days.
Data Processing Agreement (DPA)
Rheinsberger Str. 76/77
- hereinafter referred to as "Processor" -
their customer specified in the Order Form
- hereinafter referred to as the "Customer" or “Controller”-
- Processor and Controller together also referred to as the Parties -
Last updated June 30, 2023
§ 1 Preamble
The Parties have entered into a contract for the provision of the MAINTENY Software (the "Contract"). Within the scope of the agreed services, it is necessary for the Processor to process personal data for which the Controller is responsible under data protection law. In order to specify the resulting rights and obligations in accordance with the requirements of the European General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and on the repeal of Directive 95/46/EC - General Data Protection Regulation (GDPR) (Datenschutzgrundverordnung, DSGVO), and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), the parties conclude the following data processing agreement ("DPA"), which complies with the requirements of Art. 28 GDPR.
§ 2 Scope, Extent and Term
- This DPA applies to the collection, processing and deletion of all personal data (hereinafter referred to as "Data") processed by the Processor on behalf of the Controller. The processing of Data by the Processor on behalf of the Controller will be carried out exclusively in the manner, to the extent and for the purpose specified in Annex 1 to this DPA.
- The term and termination provisions of the Contract apply to the term and termination of this DPA. The termination of the Contract automatically results in termination of this DPA. An isolated termination of this DPA is excluded.
§ 3 Responsibility and Authority to issue Instructions
- The parties are responsible for compliance with the provisions of data protection law. The Controller may at any time request the return, correction, adjustment, deletion and restriction of the processing of the Data.
- The Processor processes the Data on behalf of and according to the instructions of the Controller within the meaning of Art. 28 GDPR (processing on behalf). The Controller remains the Data Controller within the meaning of data protection law (Art. 4 (7) GDPR).
- In order to ensure the protection of the rights of the Data subjects, the Processor shall provide appropriate support to the Controller, in particular by ensuring appropriate technical and organizational measures. Insofar as a Data subject contacts the Processor directly for the purpose of asserting a Data subject right, the Processor shall forward this request to the Controller without delay.
- The Processor may process Data exclusively within the scope of the Controller's instructions, unless it is required to do so by Union law or the law of the Member State to which the Processor is subject (e.g., investigations by law enforcement or state protection authorities); in such a case, the Processor shall notify the Controller of these legal requirements prior to processing, unless the relevant law prohibits such notification due to an important public interest (Art. 28 (3) sentence 2 lit. a GDPR). The instructions of the Controller are in principle conclusively regulated and documented in the provisions of this DPA. Individual instructions that deviate from the provisions of this DPA or impose additional requirements require the consent of the Processor and must be documented. Any additional costs incurred by the Processor as a result will be borne by the Controller.
- The Processor shall inform the Controller immediately if it is of the opinion that an instruction violates Data protection regulations. The Processor is entitled to suspend the implementation of the corresponding instruction until it is confirmed or amended by the Controller.
- Changes to the object of processing with procedural changes must be jointly agreed and documented. The Processor is not entitled to use the Data for any other purposes and is in particular not be entitled to disclose it to third parties. Copies and duplicates must not be made without the knowledge of the Controller.
- The Processor reserves the right to anonymize or aggregate the Data in such a way that it is no longer possible to identify individual Data subjects and to use it in this form for the purpose of demand-oriented design, development and optimization as well as for the provision of the services agreed upon in accordance with the Contract. The Parties agree that anonymized Data and Data aggregated in accordance with the above requirements will not be considered Data within the meaning of this DPA processed on behalf of the Controller.
- The Controller shall keep the register of processing activities within the meaning of Art. 30 (1) of the GDPR. The Processor shall provide the Controller with information for inclusion in the directory upon the Controller's request. The Processor shall keep a register of all categories of processing activities carried out on behalf of the Controller in accordance with the requirements of Art. 30 (2) of the GDPR.
- To the extent that Processing under this DPA takes place outside the territory of the European Union/European Economic Area, the Parties shall ensure that the level of protection guaranteed by the GDPR is not undermined, taking into account the requirements of Chapter V of the GDPR. To this end, the Parties hereby agree on the binding applicability of the European Commission's Standard Contractual Clauses for international transfers ("SCC"), Module 3 (Processor-to-Processor). In the event of a conflict between the provisions of this DPA and the provisions of the SCC, the latter prevails and remains unaffected.
- The Processor shall ensure that natural persons subordinate to him who have access to Data process them only on the instructions of the Controller.
§ 4 Legal Obligations of the Controller
- The Controller is solely responsible for the permissibility of the Data processing and for safeguarding the rights of the Data subjects in the relationship between the Parties. Should third parties assert claims against the Processor based on the processing of Data pursuant to this DPA, the Controller shall indemnify the Processor against all such claims upon first request.
- The Controller is responsible for providing the Processor with Data in a timely manner for the provision of services under the Contract and is responsible for the quality of the Data. The Controller shall inform the Processor immediately and completely if, during the examination of the Processor's results, he finds errors or irregularities in relation to the data protection regulations or its instructions.
- The Controller shall provide the Processor, upon request, with the information referred to in Art. 30 (2) of the GDPR to the extent that it is not available to the Processor himself.
- If the Processor is obliged to provide information to a government agency or person in connection with the processing of Data or to cooperate with such agencies in any other way, the Controller is obliged, upon first request, to assist the Processor in providing such information and in fulfilling any other obligations to cooperate
§ 5 Legal Obligations of the Processor
- The Processor shall ensure that the persons authorized to process the Data have committed themselves to confidentiality or are subject to an appropriate legal duty of confidentiality.
- The Parties shall support each other in proving and documenting the accountability incumbent upon them with regard to the principles of proper Data processing, including the implementation of the necessary technical and organizational measures (Art. 5 (2), Art. 24 (1) GDPR). The Processor shall provide the Controller with relevant information in this regard as required.
- The Processor shall inform the Controller without undue delay of inspections and measures by the supervisory authorities or if a supervisory authority inquires, investigates or otherwise makes inquiries of the Processor within the scope of its competence.
§ 6 Technical-Organizational Measures
- The Parties agree on the specific technical and organizational security measures set forth in the Annex 2 ("Technical-Organizational Measures" incl. Subcontractors) to this DPA. The Annex is an integral part of this DPA.
- Technical and organizational measures are subject to technical progress. In this respect, the Processor is permitted to implement alternative adequate measures in accordance with the statutory provisions and the provisions of this DPA. Significant changes must be documented.
- The Processor shall provide the Controller with all information necessary to demonstrate compliance with the provisions of this DPA and the legal requirements. In particular, it will enable audits/inspections carried out by the Controller or another auditor commissioned by the Controller and support their implementation. In this context, proof of the implementation of such measures, which do not only relate to the specific order, can also be provided by submitting a current audit certificate, reports from sufficiently qualified and independent bodies (e.g. auditors, independent data protection auditors), by complying with approved codes of conduct in accordance with Art. 40 of the GDPR, a certification in accordance with Art. 42 of the GDPR or a suitable certification by IT security or data protection audit (e.g. in accordance with BSI-Grundschutz). The Processor undertakes to inform the Controller without undue delay of any form of cancellation or material change of the aforementioned evidence.
- The Controller is entitled to enter the business premises of the Processor in which Data are processed during normal business hours after timely advance notice (generally two weeks in advance) at its own expense, without disrupting business operations and in strict compliance with the business and trade secrets of the Processor, in order to carry out checks to satisfy itself of the adequacy of the measures taken to comply with the statutory provisions or the technical and organizational requirements necessary for the performance of this DPA.
- The Controller shall inform the Processor in due time (usually two weeks in advance) about all circumstances related to the performance of the audit. The Ordering Party may conduct one audit per calendar year. Further audits will be carried out against reimbursement of the costs and after consultation with the Processor.
- If the Controller commissions a third party to carry out the audit, it shall oblige this third party in writing in the same way as the Controller is obliged to the Processor under this DPA. In addition, the Controller shall obligate the third party to maintain secrecy and confidentiality, unless the third party is subject to a professional duty of confidentiality. Upon request of the Processor, the Controller shall immediately submit to the Processor the commitment agreements with the third party. The Controller may not commission a competitor of the Processor to perform the audit.
- The Processor shall, in consultation with the Controller, take all necessary measures to safeguard the Data or the security of the processing, in particular also taking into account the state of the art, as well as to mitigate any possible adverse consequences for data subjects.
§ 7 Notification in the event of a breach by the Processor
The Processor shall inform the Controller immediately in the event of serious disruptions to its operations, suspected violations of this DPA as well as statutory data protection provisions, breaches of such provisions or other irregularities in the processing of the Controller's Data. This applies in particular with regard to the notification obligation pursuant to Art. 33 (2) of the GDPR as well as corresponding obligations of the Controller pursuant to Art. 33 and Art. 34 of the GDPR. The Processor assures to adequately support the Controller in its obligations pursuant to Art. 33 and 34 of the GDPR, if necessary. The Processor may only carry out notifications for the Controller pursuant to Art. 33 or 34 of the GDPR after prior instruction of this DPA.
§ 8 Deletion and return of Data
- Data carriers and data records handed over remain the property of the person responsible.
- After completion of the contractually agreed services or earlier upon request by the Controller, but no later than upon termination of the service agreement, the Processor shall hand over to the Controller all documents, processing and usage results created and data files (as well as copies or reproductions made thereof) that come into its possession and that are related to the contractual relationship, or shall destroy them in accordance with data protection laws after obtaining the Controller's prior consent. The same applies to test and reject material. A deletion protocol must be submitted to the person responsible upon request.
- The Processor may retain documentation that serves as evidence of data processing in accordance with the order and in the proper manner in accordance with the respective retention periods until the end thereof, even beyond the end of the contract. For the Data stored according to sentence 1, the obligations according to § 3 apply after the end of the retention period.
- A right of retention is excluded.
§ 9 Subcontractors
- The Processor may generally use other processors (subcontractors) without the prior consent of the Controller, provided that the Processor takes reasonable measures to protect the confidentiality of the Data. The current subcontractors used for the performance of this DPA and agreed between the Parties are detailed in Annex 2. If the Processor engages new subcontractors to process Data under this DPA, it shall inform the Controller of the intended change or replacement of subcontractors. In individual cases, the Controller may object to such changes within 14 days of the relevant notification, and such objection must not be unreasonably withheld. The new subcontractor may commence processing after the expiration of the 14-day period or with the prior approval of the Controller. For the purposes of this provision, subcontracted services will not be deemed to be services that the Processor acquires from third parties as ancillary services in support of the performance of this DPA, e.g. telecommunications services.
- If subcontractors are engaged by the Processor, the Processor shall ensure that its contractual arrangements with the subcontractor are such that the level of data protection at least corresponds to the agreement between the Controller and the Processor and that all contractual and legal requirements are complied with; this applies in particular also with regard to the use of appropriate technical and organizational measures to ensure an adequate level of security of the processing.
- Subject to compliance with the requirements of Section 3 (9) of this DPA, the provisions of Section 9 of this DPA also applies if another Processor in a third country is involved. The Controller hereby authorizes the Processor to enter into an agreement with another Processor on behalf of the Controller based on the SCC. The Controller declares its willingness to cooperate in fulfilling the requirements of Art. 49 GDPR to this extent.
§ 10 Data Protection Control
The Processor undertakes to grant the management of the Controller (or its data protection officer, as applicable) as well as the competent supervisory authority access at any time during normal business hours for the purpose of fulfilling their respective legally assigned tasks in connection with this Order. The Processor shall instruct its employees to cooperate with the aforementioned, in particular to answer their questions truthfully and completely. The obligations of confidentiality and rights to refuse to testify of the aforementioned under the law remain unaffected.
§ 11 Liability
- The exclusions and limitations of liability under the Contract apply to the Processor's liability under this DPA. Insofar as third parties assert claims against the Processor based on the fact that the Controller has culpably violated this DPA or a data protection obligation relating to it as Controller, the Controller shall indemnify the Processor against these claims upon first request.
- The Controller undertakes to indemnify the Processor, upon first request, against all possible fines imposed on the Processor corresponding to its share of responsibility for the infringement sanctioned by the fine.
§ 12 Final Provisions
- German law is applicable to this DPA.
- The place of jurisdiction for all disputes arising from or in connection with this DPA is Berlin, Germany.
- Should individual provisions of this DPA be invalid or unenforceable, this does not affect the validity of the remaining provisions.
Annex 1: Purpose, nature and scope of data processing; type of data and categories of data subjects
|Type of data
|Purpose of their processing
|Circle of affected persons
|Personal master data
|Personal master data
|Employees of the customer
|Personal master data
|Employees of the customer
|Job title/ function
|Personal master data
|Personal master data
|Employees of the customer
|Personal master data
|Personal master data
|Personal master data
|Personal master data
|Personal master data
|Employees of the customer
|Employees of the customer
|Employees of the customer
Annex 2: Technical-organizational measures according to Art. 32 GDPR
1. Pseudonymization (Art. 32 (2) (a) GDPR)
Measures to guarantee that Data are processed in such a way that they can no longer be assigned to a specific data subject without the use of additional information.
- Use of state-of-the-art transformation methods
- Generation and management (including distribution, storage, use, deletion) of secret parameters (keys and salt values) to be protected by state of the art technology.
- Use of "salt values“
- Restriction of access to salt values and keys limited to an absolute minimum of trusted users (need-to-know principle)
- Data protection-compliant deletion of pseudonymized data after the purpose of processing has ceased to exist
- Pseudonymization before permissible statistical evaluation
- Internal password management in the team with restrictive rules based on role
2. Encryption (Art. 32 (2) (a) GDPR)
- Encryption of the company website ("Data in motion") - HTTPS
- Encryption of data carriers in laptops / notebooks ("Data at Rest")
- E-mail encryption ("Data in motion"), see under 6. (TLS encryption)
- Encryption Management Solution
3. Confidentiality - Access Control (Art. 32 (2) (b) GDPR)
Measures to prevent unauthorized persons from accessing data processing facilities and systems in which Data are processed or used.
- Securing the building, windows and doors
- Security locks
- Key regulation (key issue etc.)
- Personal control at the gatekeeper / reception
- Careful selection of cleaning personnel
4. Confidentiality - Control of Access (Art. 32 (2) (b) GDPR)
Measures suitable for preventing data processing systems from being used by unauthorized persons.
- Authentication with username / password
- Use of anti-virus software
- Deployment firewalls with VPN technology
- Password assignment / password rules
- Insofar as an employee leaves the company, access rights are immediately blocked
- Regular review of authorizations (once a year)
- Screen lock for workstations during inactivity
5. Confidentiality - Access Control (Art. 32 (2) (b) GDPR)
Measures to ensure that those authorized to use a data processing system can only access the data subject to their access authorization and that personal Data cannot be read, copied, modified or removed without authorization during processing, use and after storage.
- Use of document shredders or service providers (if possible with data protection seal of approval)
- Physical deletion of data carriers before reuse
- Proper destruction of data carriers (DIN 66399)
- Logging the destruction of data
- Number of administrators reduced to the "bare minimum
- Password policy incl. password length, password change
6. Confidentiality - Disclosure Control (Art. 32 (2) (b) GDPR)
Measures to ensure that personal data cannot be read, copied, altered or removed by unauthorized persons during electronic transmission or while being transported or stored on data media, and that it is possible to verify and determine to which entities personal data is intended to be transmitted by data transmission equipment.
- Email encryption with TLS (Transport Layer Security)
- Email encryption with S/MIME
- Establishment of dedicated lines or VPN tunnels
- During physical transport: secure transport containers/packaging
- Documentation of the recipients of Data and the time spans of the planned transfer or agreed deletion periods
- Create an overview of regular retrieval and transmission operations
7. Confidentiality - Separation Control (Art. 32 (2) (b) GDPR)
Measures to ensure that Data collected for different purposes can be processed separately.
- For pseudonymized data: Separation of the attribution file and storage on a separate, secured IT system.
- Separation of productive and test system
- separate databases
- Creation of an authorization concept
- Logical client separation (on the software side)
- Setting database rights
8. Integrity - Input Control (Art. 32 (2) (b) GDPR)
Measures to ensure that it is possible to check and establish retrospectively whether and by whom personal data have been entered into data processing systems, modified or removed.
- Logging of the entry, modification and deletion of Data
- Traceability of input, modification and deletion of Data through individual user names (not user groups)
9. Availability - Availability control (Art. 32 (2) (b) GDPR)
Measures that guarantee that personal Data is protected against accidental destruction or loss.
- Fire extinguishers in server rooms
- Air conditioning in server rooms
- Fire and smoke detection systems
- Devices for monitoring temperature and humidity in server rooms
- Uninterruptible power supply (UPS)
- Protective socket strips in server rooms
- Alarm message in case of unauthorized access to server rooms
- Creation of a backup & recovery concept
- Keeping data backup in a secure, off-site location
- In flood zones: Server rooms above the water line
- Creation of an emergency plan
- Server rooms not under sanitary facilities
10. Availability - Order Control (Art. 32 (2) (b) GDPR)
Measures that guarantee that Data processed on behalf of the Controller are only processed in accordance with the documented instructions of the Controller.
- Selection of the contractor under due diligence aspects (especially with regard to data security)
List of approved contractors (subcontractors of the Processor processing Data):
|Purpose of their processing
|Data storage location
|Amazon Web Services EMEA SARL.
|Amazon Web Services
|Storage of all customer Data (encrypted) and hosting of all primary services and computing requirements of Mainteny.
|Twilio Germany GmbH
|Make automated phone calls (for maintenance emergencies) and send SMS notifications to our customers' phone numbers
|Send push notifications to your customers via Mainteny mobile apps
|Google Cloud EMEA Limited
|Display of locations/addresses in the map view in our web and mobile applications
|Routific Solutions Inc.
|Creation of automatic shipping routes for service orders (Routific receives ONLY the coordinates of the order without context). No PII is shared.
|Sending push notifications to our web users via WebSocket connections.
|Generate PDF documents within the Mainteny application
|Processing within the group of companies
11. Resilience (Art. 32 (2) (b) GDPR)
Measures to ensure the resilience of the systems and services, which ensure that the systems and services are designed in such a way that even selective high loads or high continuous processing loads remain feasible.
- Test of storage, access and line capacities
12. Restoration of Availability (Art. 32 (2) (c) GDPR)
Measures to guarantee that the availability of and access to Data can be restored quickly in the event of a physical or technical incident.
- Redundancy by hosting the server + DB in several isolated availability zones
- Cloud services
- Backup concept: Automated backup of the database by AWS
- Testing data recovery Testing data recovery
13. Data protection management (Art. 32 para. 2 lit. d GDPR)
Measures to guarantee a procedure for regular monitoring, assessment and evaluation of the effectiveness of technical and organizational measures to ensure the security of processing.
- Development of a safety concept