1.1. Localyze offers different services in regard to the administration of international employees to clients, amongst those are Global Mobility
Services ("Global Mobility Services"), also referred to as "Localyze Services". These Terms & Conditions apply to all business relationships of
Localyze regarding Localyze Services from 01.03.2021.
1.2. With the conclusion of a Global Mobility Service Agreement (the "Localyze Agreement"). Client accepts these Terms & Conditions.
1.3. A change in the legal form of Localyze shall not affect the applicability of these Terms & Conditions.
2.1. For the purpose of the Localyze Agreement and these Terms & Conditions, "Client" includes Client's respective current parents, successors,
predecessors, and subsidiaries and affiliated companies, as defined under § 15 Stock Corporation Act (Aktiengesetz – AktG).
2.2. Client agrees to pay fees as set forth in Section 4 herein, taking also into account the special provisions set forth in Section 11, and in any
additional addendum for Services mutually agreed in writing between the Parties.
Except in case of breach of contract, either Party may choose to terminate the Localyze Agreement or a portion of the Localyze Agreement related to specific Employees, without cause and at any time for any reason by providing thirty (30) days advance written notice.
4.1. Localyze is entitled to charge interest of nine (9) percentage points above the base rate per year on delayed payment. Client's failure to pay
undisputed invoices when due triggers Localyze's rights as set forth in Section 3.
4.2. In the event of a dispute over an invoice amount, the Parties agree to use best efforts to resolve the dispute quickly and to ensure funding
payroll in a timely manner.
Client agrees to participate in Localyze's Customer Advocacy Program, which may include a reference, logo, case study, and/or testimonial.
6.1. Both Party's liability for breach of contractual obligations and for tort is limited to intent and gross negligence. This shall not apply in the event of injury to life, body and health of Client, claims due to breach of cardinal obligations, i.e. obligations which arise from the nature of the Agreement and whose transfer endangers the achievement of the purpose of the Agreement, as well as in the event of compensation for
damages caused by delay, as provided under § 286 German Civil Code (Bürgerliches Gesetzbuch – BGB). Both Party's total liability and the
total liability of its contractors, and its licensors, and their respective directors, officers, employees and agents in connection with Localyze Agreement and these Terms & Conditions shall be limited in any case to the lesser of twelve (12) times the Monthly Service Fee payable by Client for the relevant employee, twelve (12) times the Relocation Packages Fee or one hundred thousand Euros (EUR 100,000.00). Except as expressly set forth herein, in no event shall either Party or its contractors, and its licensors, and their respective directors, officers, employees and agents in connection with the Localyze Agreement and these Terms & Conditions be liable for indirect, special, pure economic or consequential damages or loss of profit.
6.2. The aforementioned exclusion of liability shall apply accordingly to breaches of duty by the Party's agents (Erfüllungsgehilfen).
6.3. The exclusion of liability does not apply to liability under the German Production Liability Act (Produkthaftungsgesetz – ProdHaftG) or if either
Party fraudulently concealed the defect.
6.4. Insofar as liability for damages is not excluded, such claims shall become statute-barred within one (1) year beginning with the accrual of the claim or, in the case of claims for damages due to a defect, from the transfer of the item. This period does not apply if either Party is liable due to intent or gross negligence or due to injury to life, body and health.
7.1. Neither Party may assign the Localyze Agreement and these Terms & Conditions or any of its rights or obligations hereunder to a third party without the express prior written consent of the other, such consent not to be unreasonably withheld or delayed.
7.2. Client shall not, during the term the Localyze Agreement and for a period of twelve (12) months after its termination, directly or indirectly (whether itself or through any of its affiliates) engage or otherwise arrange for any Partner Company to perform or provide services which are the same as, or similar to the Services provided by Localyze under the Localyze Agreement, to the extent that the relevant Partner Company was introduced by Localyze to the Client or otherwise utilized by Localyze to provide all or a part of the Services.
8.1. "Confidential Information" shall mean any and all information relating to either Party's business, including, but not limited to, research, developments, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing, finances disclosed by a Party (the "Disclosing Party"), either directly or indirectly, in writing, orally or visually, to the other Party (the "Receiving Party").
8.2. Unless otherwise agreed to in advance and in writing by the Disclosing Party or except as required by law or court order, the Receiving Party will not use the Confidential Information for any purpose whatsoever other than the performance of its obligations under the Localyze Agreement and these Terms & Conditions and shall not disclose the Confidential Information to any third party.
8.3. In the Localyze Agreement and these Terms & Conditions the term Confidential Information does not include information which:
I. is in or comes into the public domain without breach of the Localyze Agreement and these Terms & Conditions by the Receiving Party;
II. was in the possession of the Receiving Party prior to receipt from the Disclosing Party and was not acquired by the Receiving Party from the Disclosing Party under an obligation of confidentiality or non-use;
III. is acquired by the Receiving Party from a third party not under an obligation of confidentiality or non-use to the Disclosing Party; or
IV. is independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party.
8.4. The Receiving Party may disclose the Confidential Information only to those of its employees who need to know such information. In addition, prior to any disclosure of such Confidential Information to any such employee, such employee shall be made aware of the confidential nature of the Confidential Information and shall execute, or shall already be bound by, a non-disclosure agreement containing terms and conditions consistent with the Localyze Agreement and these Terms & Conditions. In any event, the Receiving Party shall be responsible for any breach of the Localyze Agreement and these Terms & Conditions by any of its employees.
8.5. The Receiving Party shall use the same degree of care to avoid disclosure of the Confidential Information as it employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
8.6. Upon the termination or expiration of the Localyze Agreement and these Terms & Conditions for any reason, or upon the Disclosing Party's earlier request, the Receiving Party will deliver to the Disclosing Party all of the Disclosing Party's property or Confidential Information in tangible form that the Receiving Party may have in its possession or control. The Receiving Party may retain one copy of the Confidential Information in its legal files.
9.1. The Parties may share personal data and sensitive personal data to the extent necessary to (i) perform and implement the terms of the employment contract or the Localyze Agreement for services with the Employee; and/or (ii) perform or conclude the terms of the Agreement pursuant to which Client has contracted with Localyze to engage the Employee.
9.2. The Parties agree to process personal data fairly and lawfully in compliance with the Localyze Agreement and these Terms & Conditions and all applicable laws, enactments, regulations, orders, standards, and other similar instruments that apply to such Party's personal data processing operations, including with respect to subprocessors. Each Party shall ensure that its processing of personal data is limited to perform the terms of the Localyze Agreement and these Terms & Conditions and is based on a legal ground for lawful processing.
10.1. "Intellectual Property" means patents, rights to inventions, trademarks, service marks, registered designs, copyrights and related rights, database rights, design rights, rights to use and protect confidential information, in each case whether registered or unregistered, including rights to apply for and be granted applications for any of the above and any continuations, continuations-in-part, divisional applications, renewals or extensions of, and rights to claim priority from, those rights, and any similar right recognized from time to time in any jurisdiction, together with all rights of action in relation to the infringement of any of the above.
10.2. "Pre-Existing Intellectual Property" means: (i) Intellectual Property in existence as of the effective date of the Localyze Agreement and these Terms & Conditions, and (ii) Intellectual Property that a Party creates or develops outside the scope of the Localyze Agreement and these Terms & Conditions and without the use of the other Party's Confidential Information or Intellectual Property.
10.3. "Work Product" means all information, data, techniques, know-how, results, inventions, discoveries, software and other Intellectual Property Rights, materials (regardless of the form or medium in which they are disclosed or stored) identified or first reduced to practice or writing or developed by Localyze, alone or together with the Client and/or any third party or parties, in the course of performing the Services under the Localyze Agreement and these Terms & Conditions.
10.4. The Localyze Agreement and these Terms & Conditions does not affect the ownership of any Intellectual Property Rights in any Pre-Existing Intellectual Property or in any other technology, design, work, invention, software, data, technique, know-how, or materials which are owned by either Party. The Intellectual Property Rights in them will remain the property of the Party (or its licensors) which contributed them under the Localyze Agreement and these Terms & Conditions.
11.1. Scope of Applications
11.2. Subject to the Localyze Agreement between Localyze and Client are the services individually concluded therein. Global Mobility Services may consist of relocation packages, home search services, administrative services and/or software services.
11.3. The relocation packages consist of assistance in regard to visa, work permit, social security, insurance, banking and/or temporary housing.
11.4. The home search services include inquiry of the Employee's requirements, search for suitable districts, research on apartments and contacting landlords/estate agents, on-site inspections, submission of application documents.
11.5. The administrative services consist of assistance in regard to A1 certificates, preparation and submission of documents, and related Global Mobility Services.
11.6. Software services include the set-up and, if agreed, customization of software solutions concerning the administration of the relocation and the ongoing provision of the software and its maintenance for a certain period of time and a certain number of company users.
11.7. The subject matter of the Localyze Agreement explicitly does not include any legal, tax and insurance consulting. Likewise, Localyze does not provide certified translations into other languages. If Client specifically commissions Localyze to do so, Localyze will undertake to have these services performed by external consultants or service providers at the expense of Client. Localyze will not act as a representative of Client or his Employee in legal transactions which may trigger legal obligations, especially payment obligations and liability.
11.8. Until the Localyze Agreement is signed by Client, the Localyze Agreement is only an offer. The offer is limited in time and a signed copy must be received by Localyze no later than fourteen (30) days after the offer has been handed over. After this period, Localyze is no longer bound to the offered conditions.
11.9. Clients’ Obligations
11.10. Client is obliged to support Localyze in the inquiry of the Employee's requirements in order to be able to find suitable districts, to carry out targeted research on apartments and to initiate appropriate contacts with landlords/estate agents, to carry out on-site inspections and to ensure the timely submission of application documents.
11.11. Client and, if applicable, the Employee and his relatives will provide Localyze with the forms, documents, records and information necessary for the execution of the Localyze Agreement at Clients own expense, filled in timely, completely and truthfully. Client shall contractually agree upon this with the designated Employee in such a way that relatives are included, insofar as this was not yet given when the order was placed. Localyze is not liable for any damages resulting from the provision of incorrect, incomplete or otherwise defective documents.
11.12. Explanation of Fees
11.13. Relocation Packages Fee: The Relocation Packages Fee consists of the fee Localyze charges for its Services as set forth in Section 11.3. The Relocation Packages Fee will commence not later than the initial date the Employees start rendering services to Client.
11.14. Home Search Fee: The Home Search Fee consists of the fee Localyze charges for its Services as set forth in Section 11.4.
11.15. Administrative Fees: The Administrative Services Fee consist of the fees Localyze charges for its Services as set forth in Section 11.5.
11.16. Software & Set-Up Fees: The Software & Set-Up Fees consist of the fees Localyze charges for its Services as set forth in Section 11.6, including monthly fees.
11.18. The Services and the term of the Localyze Agreement will commence upon the date of agreement if not stipulated otherwise in the Localyze Agreement. Localyze Agreement cannot be terminated for a fixed term of twelve months from the date of agreement (the "Minimum Term").
11.20. Either Party may terminate the Localyze Agreement at the end of the Minimum Term following written notice to the other Party with a notice period of four (4) weeks before the end of the Minimum Term. Thereafter, the Localyze Agreement shall be extended by the Minimum Term in each case but may be terminated following written notice to the other Party with a notice period of three (3) months to the end of the calendar month.
11.21. Payment Terms
11.22. Payment is due within the first fourteen (14) days following issuance of each invoice that complies with the terms of the Localyze Agreement and these Terms & Conditions. Localyze will provide written notice to Client in the event payment is not received within the Payment Term.
12.1. All notices, invoices, and other communications relating to the Localyze Agreement and these Terms & Conditions provided by one Party hereto to the other, shall be made in writing (text form according to § 126b BGB) and sent via registered airmail with postage prepaid or facsimile or email, or personal delivery, to the address of the principal contact or any other address notified by the receiving Party pursuant to this article. All notices, invoices, and other communications shall be deemed received upon receipt if personally delivered, upon confirmation of transmission if sent by facsimile or email, and seven (7) days after receipt by the post office if sent by registered airmail. All notices hereunder shall be delivered to the addresses set forth in the Localyze Agreement.
12.2. Each Party will assign a dedicated account manager to oversee the performance of such Party's obligations under the Localyze Agreement and these Terms & Conditions and to facilitate coordination of the Parties' performance of their respective obligations.
13.1. Either Party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, widespread epidemic, pandemic, and/or public health emergency, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
13.2. The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties' respective obligations hereunder shall resume.
13.3. In the event the interruption of the excused Party's obligations continues for a period in excess of thirty (30) calendar days, either Party shall have the right to terminate the Localyze Agreement upon thirty (30) calendar days' prior written notice to the other Party.
Should any provision of the Localyze Agreement and these Terms & Conditions, or any provision incorporated into the Localyze Agreement and these Terms & Conditions in the future, be or become, either in whole or in part, void (nichtig), ineffective (unwirksam) or unenforceable (undurchsetzbar), this shall not affect the validity, effectiveness and enforceability of the other provisions of the Localyze Agreement and these Terms & Conditions. In such event the Parties shall recognize and give effect to such valid, effective and enforceable provision or provisions that come as close as legally possible to the commercial intention of the Parties pursued with the void, ineffective or unenforceable provision. The same shall apply if the Localyze Agreement and these Terms & Conditions contain any gaps.
15.1. The Localyze Agreement and these Terms & Conditions represent the entire agreement between the Parties and all other representations, warranties, or promises, whether verbal or written, are hereby expressly excluded.
15.2. Except as otherwise expressly provided in the Localyze Agreement and these Terms & Conditions the provisions of the Localyze Agreement and these Terms & Conditions may be amended or supplemented only by means of a written agreement signed by all of the Parties or their authorized representatives.
15.3. No waiver by either Party of any term or condition set forth in the Localyze Agreement and these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a Party to assert a right or provision under the Localyze Agreement and these Terms & Conditions shall not constitute a waiver of such right or provision.
15.4. If any provision of the Localyze Agreement and these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Localyze Agreement and these Terms & Conditions will continue in full force and effect.
15.5. The obligations to be performed by each Party hereunder are personal in nature. Both Parties, therefore, agree that they will not assign, sell, transfer, delegate or otherwise the Localyze Agreement and these Terms & Conditions or any right, duty or obligation under the Localyze Agreement and these Terms & Conditions without the other Party's prior written consent.
16.1. The Localyze Agreement and these Terms & Conditions shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, excluding its conflicts of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2. The place of jurisdiction for any disputes directly or indirectly arising from the contractual relationship shall be Hamburg, Germany.
As a cloud service, the security of your data is our top priority. Based on the legal framework of the European General Data Protection Regulation (EU GDPR) as well as common standards and guidelines such as ISO/IEC 27001, we have implemented and continue to develop technical and organizational measures to ensure secure processing of information.
Some of the most important measures are explained below. In addition to these, we have implemented further safeguards on which we provide further information if required.
Our application is hosted on servers provided by Amazon Web Services in its European data centers. It provides best-in-class security infrastructure, takes care of back-ups, logging, auditing and other infrastructure-related services.
We leverage all capabilities including physical security and environmental controls to secure our infrastructure from physical threat or impact.
Each site is staffed 24/7/365 with on-site physical security to protect against unauthorized entry.
Amazon Web Services is constantly auditing its services and has approved to be compliant with the following standards, among others:
- ISO 27001
- ISO 27017
- ISO 27018
- SOC 2
- SOC 3
Your passwords are always encrypted (hashed, with salts) and never saved in plain text. When a user tries to log in, her password is encrypted in the same way and the platform compares the encrypted versions to check if they match. This also means that we cannot recover a password for you (we only hold the encrypted version) and you have to reset your password in case you lose it. For additional security, we enforce a minimum password length when a user signs up.
If your company uses Google, Okta, Active Directory or other SSO providers you can also sign in via a secure connection. In that case, your passwords are not stored on our servers at all. Instead, your users are redirected to a page where they authenticate Localyze as a trusted service and a token gets generated which we can use to identify your users. You can revoke that token at any time via your Google account settings.
Localyze is compliant with the latest security standards for data transmission. All communication between your users and our servers is encrypted via TLS (Transport Layer Security). SSL is an industry standard which establishes an encrypted link between a web server and a browser.
Additionally, we employ encryption-at-rest to encrypt all data in our database with the industry-standard AES-256 algorithm. This means that your data is encrypted before and after accessing the database and never lies there in plain text.
We have implemented a security policy that allows us to track, manage and improve the security of our software over time. Additionally to on-demand penetration testing, we made automated penetration testing and vulnerability scans part of our whole delivery circle. This way we can ensure compliance with various standards, among others:ISO 27001 and OWASP Top Ten.
Additionally to this black-box approach, we also deployed an In-App Web Application Firewall (WAF) as well as Runtime Application Self-protection (RASP) for interactive application security testing.
The In-App WAF is a protection layer that operates as a firewall from inside the app using its full context to narrowly apply the most efficient set of inspection rules to incoming traffic.
The RASP is a protection layer that works from within the app's own runtime environment to detect anomalies and protect our app against real-time attacks.
Data protection and the privacy of the users of our Internet pages are of particular concern to us. We therefore undertake to protect your personal data and to collect, process and use it only in accordance with the General Data Protection Regulation (DS-GVO) and national data protection regulations. The following data protection declaration explains which of your personal data is collected on our websites and how this data is used. Our data protection declaration is regularly updated in accordance with legal and technical requirements. Please therefore refer to the latest version of our data protection declaration.
The following data protection provisions apply exclusively to the Internet pages of the website: https://www.localyzeapp.com and https://app.localyzeapp.com
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws as well as other data protection regulations is:
Phone: +49 40 69 63 87 81
The data protection officer of the data controller is:
Data Protection High 4 GmbH
1. Scope of the processing of personal data
As a matter of principle, your personal data will only be processed insofar as this is necessary to provide a functional website and our content and services. Processing is regularly carried out only after you have given your consent, unless obtaining your consent in advance is not possible for actual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data
We use the facts standardized in Art. 6 (1) DS-GVO as the legal basis for processing personal data as follows:
(a) Art. 6(1)(a) DS-GVO, insofar as we obtain the consent of the data subject for processing operations involving personal data.
b) Art. 6 (1) (b) DS-GVO, insofar as the processing of personal data is necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
c) Art. 6 para. 1 lit. c DS-GVO, insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject.
d) Art. 6 para. 1 lit. d DS-GVO, insofar as vital interests of the data subject or another natural person make processing of personal data necessary.
e) Art. 6 para. 1 lit. f DS-GVO, insofar as the processing is necessary to protect a legitimate interest of our company or a third party and this outweighs the interests, fundamental rights and freedoms of the data subject.
3. Data deletion and storage period
1. Description and scope of data processing
Our system automatically collects data and information from the computer system of the calling computer each time our website is called up.
The following data is collected in the process:
a) The user’s IP address
b) Date and time of access
c) Your internet provider
d) Information about the type of access browser and the version used
e) Your operating system
f) Websites from which your system accesses our website
g) Websites that are accessed by your system via our website
This data is also stored in the log files of our system. This data is not stored together with your other personal data.
2. Legal basis for data processing
For the temporary storage of the data and the log files, Art. 6 para. 1 lit. f DS-GVO represents the necessary legal basis.
3. Purpose of data processing
The provision of the website to your computer requires the temporary storage of the IP address by the system. For this purpose, your IP address must remain stored for the duration of the session.
To ensure the functionality of the website and security of our IT systems, as well as to optimize the website, this data is stored in log files. In this context, no evaluation of the data for marketing purposes takes place.
Likewise, these purposes represent our legitimate interest in data processing according to Art. 6 para. 1 lit. f DS-GVO.
4. Duration of storage
If the data collection is no longer necessary to achieve the purpose, the data will be deleted. In the case of data collection for the provision of the website, this occurs at the end of the respective session.
If the data is stored in log files, these are deleted after seven days at the latest. Storage beyond this period may also be possible. For this purpose, the user IP addresses are deleted or alienated in order to no longer allow an assignment to the calling client.
5. Possibility of objection and elimination
There is no possibility for you to object, as the data collection and storage in log files are absolutely necessary for the provision and operation of the website.
1. Description and scope of data processing
Our website uses so-called "cookies". These are text files that are stored in the Internet browser or by the Internet browser on your computer system. A cookie can be stored on your operating system as soon as it calls up a website. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
Cookies are used for the user-friendly design of our website. This is because some parts of our website require identification of the browser used even after a page change.
In the process, the following data is stored and transmitted in the cookies:
a) Log-in information
b) Language settings
The following data may be transmitted:
a) frequency of page views
b) use of website functions
c) search terms entered
2. Prevent storage of cookies
Depending on the browser used, you can set that cookies are only stored after your consent. If you only want to accept the cookies used by us, but not the cookies of any service providers and partners, you can select the setting in your browser "Block third-party cookies". As a rule, the menu bar of your web browser will show you via the help function how to reject new cookies and disable those you have already received. We recommend that for shared computers that are set to accept cookies and Flash cookies, you always log out completely when finished.
3. Legal basis for data processing
For the processing of personal data using technically necessary cookies, Art. 6 (1) lit. f DS-GVO represents the necessary legal basis.
For the processing of personal data using cookies that are not technically necessary, the necessary legal basis is a consent in this regard pursuant to Art. 6 (1) lit. a DS-GVO.
4. Purpose of data processing
The following applications require cookies:
a) Live chat
There is no creation of user profiles by means of user data collected by technically necessary cookies.
Likewise, these purposes represent our legitimate interest in data processing according to Art. 6 para. 1 lit. f DS-GVO.
5. Duration of storage, possibility of objection and elimination
1. Description and scope of data processing
You can register on our platform by providing personal data, provided that your company has a company account with us and you have received a registration link. In doing so, you enter your data in an input mask. This data is then transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:
Date of birth
Place of birth
The following data is also stored at the time of registration:
a) Date and time of registration
b) IP address of the calling computer
We obtain your consent to process this data during the registration process.
2. Legal basis for data processing
The necessary legal basis for the processing of the data is the user's consent in this regard pursuant to Art. 6 (1) a DS-GVO.
3. Purpose of data processing
Your registration is necessary for the provision of certain content and services on our website, in particular for the provision of our relocation service.
4. Duration of storage
If the data collection is no longer necessary to achieve the purpose, the data will be deleted. For the data collected during the registration process, this is given when the registration on our website is cancelled or modified or the legal basis for further processing ceases to apply.
5. Possibility of objection and elimination
You can cancel the registration at any time or have the data stored about you changed at any time. A change and deletion of data can be made at any time in the profile area, as well as by contacting firstname.lastname@example.org.
In order to make our website as pleasant and comfortable as possible for you as a user, we occasionally use the services of external service providers. In the following, you have the opportunity to inform yourself about the data protection provisions on the use and application of the services and functions used, in order to possibly also exercise your rights with these service providers.
Legal basis: Consent pursuant to Art. 6 para. 1 p. 1 lit. a DS-GVO, Legitimate Interests pursuant to Art. 6 para. 1 p. 1 lit. f. DS-GVO.
Legal basis: Consent according to Art. 6 para. 1 p. 1 lit. a DS-GVO, Legitimate interests according to Art. 6 para. 1 p. 1 lit. f. DS-GVO.
Legal basis: legitimate interests according to Art. 6 para. 1 p. 1 lit. f. DS-GVO.
If personal data is processed by you, you are a data subject within the meaning of the GDPR. You are thus entitled to the following rights vis-à-vis the controller:
1. Right to information
You may request confirmation from the controller as to whether personal data relating to you is being processed by us.
If such processing exists, you may request information from the controller about the following:
(a) the purposes of processing;
b) the categories of personal data being processed;
c) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
d) if possible, the planned duration for which your personal data will be stored or, if this is not possible, the criteria for determining this duration;
(e) the existence of a right to obtain the rectification or erasure of personal data concerning you, or to obtain the restriction of processing by the controller, or a right to object to such processing;
(f) the existence of a right of appeal to a supervisory authority;
(g) if the personal data are not collected from the data subject, any available information on the origin of the data;
(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Likewise, you may request information as to whether a transfer of the personal data concerning you to a third country or to an international organization is taking place. If this is the case, you may request to be informed about the appropriate safeguards in connection with the transfer in accordance with Article 46 of the GDPR.
2. Right to rectification
You may request the controller to correct any inaccurate personal data concerning you. Likewise, taking into account the purposes of the processing, you may request the completion of incomplete personal data - also by means of a supplementary declaration. The controller shall make the requested correction without undue delay.
3. Right to erasure ("right to be forgotten")
You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies:
(a) your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b) You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DS-GVO and there is no other legal basis for the processing.
c) You object to the processing pursuant to Art. 21 (1) DS-GVO and there are no overriding legitimate grounds for the processing or you object to the processing pursuant to Art. 21 (2) DS-GVO.
d) Your personal data have been processed unlawfully.
e) The erasure of your personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
f) Your personal data has been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 (1) DS-GVO, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
However, the right to erasure does not exist if the processing is necessary for the following purposes
(a) for the exercise of the right to freedom of expression and information;
b) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
d) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) DS-GVO, insofar as the right to erasure described above is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
e) for the assertion, exercise or defense of legal claims.
4. Right to restriction of processing
You may request the controller to restrict the processing of your personal data if one of the following conditions applies:
(a) the accuracy of your personal data has been contested by you for a period enabling the controller to verify the accuracy of your personal data;
b) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of your personal data;
(c) the controller no longer needs your personal data for the purposes of the processing but you need it for the establishment, exercise or defense of legal claims; or
d) you have objected to the processing pursuant to Article 21 (1) DS-GVO and it is not yet clear whether the legitimate grounds of the controller outweigh yours.
If the processing of your personal data has been restricted, such personal data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If you have obtained a restriction of processing under the above conditions, you will be informed by the controller before the restriction is lifted.
5. Right to information
If you have asserted the rights to rectification, erasure or restriction of processing described above against the controller, the controller shall inform all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
Upon your request, the controller shall inform you of these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. Likewise, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
a) the processing is based on consent pursuant to Art. 6 (1) a DS-GVO or Art. 9 (2) a DS-GVO or on a contract pursuant to Art. 6 (1) b DS-GVO and
b) the processing is carried out with the help of automated procedures.
When exercising this right, you also have the right to have your personal data transferred directly from one controller to another controller, insofar as this is technically feasible.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Likewise, the rights and freedoms of other persons must not be affected by the right to data portability.
7. Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO; this also applies to profiling based on these provisions.
The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You may revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you.
This does not apply if the decision
a) is necessary for the conclusion or performance of a contract between you and the controller,
b) is permissible on the basis of legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
c) is done with your explicit consent.
In the cases referred to in a) and c), the controller shall take reasonable steps to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
Decisions under a) to c) must not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.
This data protection declaration is currently valid and has the status May 2020.
Localyze UG, Am Bäckerbreitergang 28, 20355 Hamburg.
The company is registered and based in Hamburg, Germany
Managing Directors: Hanna Marie Asmussen, Lisa Maria Dahlke and Franziska Löw
VAT ID: DE318767252
Registration court: Amtsgericht Hamburg, HRB 154338
Person responsible according to German Press Law: Hanna Marie Asmussen
As a service provider, we are responsible for our own content on these pages according to the general laws according to German § 7 Abs.1 TMG. According to German §§ 8 to 10 TMG, however, we as service providers are not obligated to monitor transmitted or stored third-party information or to investigate circumstances which indicate an illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. Liability in this regard, however, is only possible from the time of the knowledge of a specific infringement. If we become aware of any such infringements, we will immediately remove such content.
Our offer contains links to external websites of third parties on whose content we have no influence. Therefore, we can not assume any liability for these third-party content. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. A permanent control of the content of the linked pages is, however, without concrete evidence of an infringement is unreasonable. We will remove such links immediately if we become aware of any legal infringements.
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