valid from October 1, 2024

1. Introduction

PlanRadar Inc., a Delaware Corporation, (hereinafter referred to as “PlanRadar”) develops, sells and manages software for construction documentation and defect management.

These General Terms and Conditions (“Terms”) govern the rights and obligations between PlanRadar and PlanRadar’s customers.

2. Scope of application

2.1 These Terms form a binding agreement that governs the business relationship between PlanRadar and PlanRadar’s customers as to the use of PlanRadar’s products and services, whether for payment or not (e.g during trial phases). PlanRadar provides its products and services exclusively based on these Terms. Any use of PlanRadar products and services by the customer shall be governed by these Terms.

2.2 Any contractual provisions agreed individually with the customer in writing in writing, shall take precedence over these Terms.

2.3 By using any products or services of PlanRadar, the customer agrees and confirms that only PlanRadar’s Terms shall apply to the contractual relationship between PlanRadar and the customer to the exclusion of any terms and conditions of the customer.

2.4 PlanRadar may periodically add to, modify or otherwise update these Terms in its sole discretion at any time. The customer will be notified of such changes via email at least two months before they will take effect. The customer may object to such change in writing within four weeks from receipt of the email. All changes will be deemed accepted and binding, if either (i) the customer has consented to the change or (ii) the customer has not objected to the change within the four-week period. In the event of an objection, PlanRadar may terminate the contracts concluded with the objecting customer under the immediately prior Terms for good cause, subject to a one-month notice period. If PlanRadar does not terminate one or more such contracts in the event of an objection, the immediately prior Terms shall continue to apply to such contract or contracts.

3. PlanRadar’s Services

3.1 PlanRadar provides the customer with a system (potentially) consisting of several modules for construction documentation and defect management as software-as-a-service (“SaaS”) in the respective current version for use via the Internet, an app as client software as well as the possibility to store data (hereinafter collectively referred to as the “Software”).

3.2 PlanRadar reserves the right to further develop and change the Software and all specifications of the Software at any time (e.g. by using newer or different technologies, systems, processes or standards). The customer benefits from such ongoing Software development and accordingly acknowledges in return, that there may be times when temporary maintenance takes place in connection with any updates and upgrades. PlanRadar will notify the customer in good time if there will be any significant changes in Software performance. If the customer experiences material disadvantages as a result of significant service changes, the customer will be entitled, as its sole and exclusive remedy, to terminate the contract extraordinarily within 14 days of its receipt of the notification of the significant service changes with such termination taking effect on the date on which the changes became effective.

3.3 The customer has the option of using the Software free of charge for a period of 30 days after registration (the “test phase”). Before the end of the test phase, PlanRadar will contact the customer and inform the customer of the option to take out a contract in return for payment to continue to use the Software. If the customer does not take up this option, the customer’s right to use the Software shall immediately terminate and its user account will be locked and then deleted within 30 days.

3.4 In connection with the Software, PlanRadar may make available to the customer or the customer may separately license certain third party products (collectively, the “Third-Party Products”).  All Third-Party Products are subject to their own terms and conditions provided by the Third-Party Products vendors. If the customer does not agree to abide by the applicable terms for any such Third-Party Products, then the customer should not install or use such Third-Party Products. EXCEPT AS OTHERWISE PROVIDED IN THE THIRD PARTY LICENSOR’S LICENSE AGREEMENT, IF ANY, ACCOMPANYING THE THIRD PARTY PRODUCTS, THE THIRD PARTY PRODUCTS ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND AND PLANRADAR AND THE THIRD PARTY LICENSOR DISCLAIM ALL WARRANTIES WITH RESPECT TO THE THIRD-PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PLANRADAR OR THE THIRD PARTY LICENSOR BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY PRODUCTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.. The customer may not raise any claims against PlanRadar for any claims related to Software malfunctions arising from such Third-Party Products or caused by the customer or a third party.

3.5 The place of PlanRadar’s service provision is the router exit to the Internet located at the data center used by PlanRadar. The customer’s end devices and the Internet connection are not part of PlanRadar’s service. The customer must have the required equipment, software, and Internet access to be able to use the Software and acquiring, installing, maintaining and operating equipment and Internet access is solely the customer’s responsibility.

3.6 PlanRadar shall be responsible for an appropriate backup of the customer’s project data. Should a restoration of project data be necessary, it will be carried out free of charge, provided that the customer or its users are not responsible for the loss of data; if the customer or its users are responsible for the loss of data, the customer will bear the costs associated with the restoration of data according to the applicable price list. PlanRadar points out that a restoration of data is only possible for a maximum period of 30 days.

4. The Customer’s Duties

4.1 The customer may only use the Software in accordance with these Terms as well as any applicable individual agreements. The customer must ensure that all of its users of the Software (employees, subcontractors, agents or other third parties attributable to the customer) comply with such terms, including any applicable confidentiality requirements. The customer is solely responsible for and liable to PlanRadar for all damages resulting from the violation of these Terms or any applicable individual agreement by the customer or its users, in particular in the case of any illegal use of the Software.

4.2 The customer shall only use the software for its intended purpose and shall not misuse it, in particular not use it to store or distribute unlawful content. The customer further undertakes not to use any technical equipment, software systems or other data that could impair the Software or systems of PlanRadar.

4.3 The customer must maintain its own IT infrastructure that is required to use the Software at its own expense and own risk. The customer is responsible for meeting the system requirements (https://www.planradar.com/us/system-requirements-and-security/).

4.4 The customer must secure its login details to the Software and not make them accessible to third parties.  Customer is responsible for all activity occurring on the Software using its login details. The customer must ensure that mobile devices are protected in an adequate manner (e.g. pin code, biometric security features).

4.5 In addition to any other available rights and remedies, PlanRadar may suspend the customer’s use or access to the Software in the event of a breach of these Terms or of any individual agreements, including but not limited to if the customer defaults on any payment. Any such suspension shall not affect the customer’s obligation to continue paying the contractual fee for use of the Software. In addition, the customer must reimburse PlanRadar for any costs incurred in connection with the suspension of the customer’s access.

4.6 The customer agrees that its and its users’ use of the Software shall at all times be in compliance with all applicable laws and regulations.  The customer is solely responsible for any and all improper use of the Software by the customer and the customer will notify PlanRadar immediately of any unauthorized use of the Software any customer user’s account. 

4.7 The customer agrees that PlanRadar may use the  customer´s company logo for marketing purposes for the duration of the contract, in particular agrees to be named as reference customer on the PlanRadar website.

5. Rights of use

5.1 All rights title to and ownership of the Software, including any modifications and enhancements thereto belong to PlanRadar or its licensors. Subject to the customer’s compliance with these Terms (including, without limitation, the payment of all applicable fees), PlanRadar grants the customer a non-exclusive, non-transferable and non-sublicensable right to access and use the Software for its internal business purposes for the agreed period and within the agreed number of licenses specified in the applicable order. For any downloaded or on-premises aspects of the Software, the customer may only duplicate the Software to the extent necessary for the intended use of the Software (e.g. loading into the main memory of the various terminals). The customer shall not frame or mirror any content forming part of the Software and is not permitted to reproduce, sell, rent or lend the Software or parts of it in any other way or to transfer it to third parties or to grant any sublicenses in the Software. The customer is allowed to temporarily assign subcontractor access with limited functionalities in accordance with the product description of the Software.

5.2 Unless otherwise agreed, no further rights to the Software are granted to the customer. In particular, the customer shall not acquire any rights whatsoever in the Software, and in particular no copyright, no trademark, patent, or other intellectual property rights.

5.3 The number of licenses booked by the customer is contractually determined within a license package. Within the agreed number, the licenses can be activated freely by the customer. The price agreed for the license package applies irrespective of the number of licenses activated; it is therefore the responsibility of the customer to have the licenses activated or, in the case of self-administration, to do this himself. All full-value (in-house) users count as a license.

5.4 The client can acquire further licenses at any time, which will be invoiced to them on a pro rata basis during the remaining term of the contract and in accordance with the applicable price list. In the event of activation during a month, the days up to the beginning of the next month will be charged pro rata.

5.5 For Third-Party Products, the respective license terms of the manufacturer of the Third-Party Products shall take precedence over the provisions of this section 5. With regard to the license terms of the Third-Party Products, see Section 13. PlanRadar confirms that the customer will act in accordance with these license terms when using the software as intended.

5.6 The customer shall not and will not permit its users or any third-party to reverse engineer, decompile or disassemble the Software, or modify or create any derivative works based on the Software or the sites or pages at which any of the Software is displayed or used unless (and only to the extent that) applicable law expressly and compulsorily permits it, notwithstanding this limitation.

5.7 In case the plans included in the licenses are exceeded, the license model will be adjusted in consultation with the customer.

5.8 Points 5.1 and 5.2 apply mutatis mutandis to all documents provided by PlanRadar to the customer, in particular, to the Software documentation.

6. Warranty, liability and malfunctions

6.1 PlanRadar warrants that: (i) it has the power and authority to enter into and perform its obligations under these Terms; and (ii) the Software will operate in material compliance with its applicable documentation for the agreed period specified in the applicable order.  Provided that the customer notifies PlanRadar in writing of any breach of the foregoing warranty during the agreed period specified in the applicable order and that the customer is not in breach of these Terms (including any payment obligations), PlanRadar shall, as the customer’s sole and exclusive remedy and provided provide standard support (and any other level of support purchased by the customer in the applicable order) in an attempt to correct the non-conformance so the Software  operates in accordance with the foregoing warranty.  The customer will immediately inform PlanRadar of any such breach and, if possible, with a comprehensible description of the error so that corrective action may be taken. The customer will free of charge assist PlanRadar to remedy any malfunctions.

6.2 THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND PLANRADAR SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PLANRADAR DOES NOT WARRANT THAT ALL SOFTWARE ERRORS WILL BE CORRECTED, OR THAT THE SOFTARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE CUSTOMER ASSUMES RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.

6.3 IN NO EVENT SHALL PLANRADAR OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH SUCH PARTY’S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE OR OTHER PRODUCTS OR SERVICES HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF PLANRADAR HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.

6.4 THE MAXIMUM LIABILITY OF PLANRADAR ARISING OUT OF OR IN ANY WAY CONNECTED TO THE TERMS AND THE TRANSACTIONS CONTEMPLATED HEREUNDER SHALL NOT EXCEED THE LESSER OF TEN THOUSAND DOLLARS ($10,000) OR THE FEES PAID BY THE CUSTOMER TO PLANRADAR DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.  THE FOREGOING LIMITATION SHALL NOT LIMIT OR EXCLUDE PLANRADAR’S LIABILITY FOR ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. 

6.5 PlanRadar cannot exclude the possibility of data loss or other impairments, in particular due to impairments in the customer’s internet connections in the course of synchronization processes. PlanRadar assumes no liability for this either.

6.6 PlanRadar is not liable for damage and defects that are attributable to the customer, including but not limited to improper operation, changed operating system components, interfaces and parameters, changes to the necessary system settings or simple application errors by or of the customer. Likewise, PlanRadar is not liable for disruptions in the public communication networks or noncompliance with the system requirements for the customer (current system requirements for using the software can be found at www.planradar.com.)

6.7 The Software is not designed to be used in applications that require fail-safe performance or where failure of the Software could directly result in death, injury, serious property damage or environmental damage.

6.8 Any delay or hinderance in the performance of any duties or obligations of PlanRadar under these Terms will not be considered a breach of these Terms to the extent such delay or hinderance is due to a force majeure, including war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental intervention, epidemic or pandemic, power supply failure, transport failure, telecommunication network or data lines failure, or legislative changes effected after conclusion of the contract or other unavailability of the Software.

7. Customer Data

7.1 The customer grants PlanRadar a non-exclusive, worldwide, royalty-free and fully paid license (a) to use the all data it enters, processes, stores, generates or transmits to PlanRadar using the Software (“Customer Data”) as necessary for purposes of providing the Software and for PlanRadar’s internal purposes, including without limitation, its research and development activities to improve its products and services. The customer represents and warrants that it has all necessary rights, approvals and consents to make the Customer Data available to PlanRadar for use hereunder and that PlanRadar’s use of the Customer Data as contemplated herein will not be unlawful or otherwise violate the rights of a third party.  The customer further represents and warrants that any Customer Data hosted by PlanRadar as part of the Software will not contain any viruses, worms or other malicious computer programming codes intended to damage or disable any network, systems or data of PlanRadar or any other third party. The customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. 

7.2 The Software is not designed or maintained in a manner to process, handle or protect sensitive data. When and as required by PlanRadar and/or applicable law, the customer shall promptly execute supplemental security and data protection terms, and data transfer agreements, on such other terms and conditions as shall be mutually agreed upon and as required for the processing or transfer of personal information that is contained in Customer Data in accordance with the requirements of applicable law. 

8. Confidentiality

8.1 Each of PlanRadar and the customer (the “Disclosing Party”) may provide the other (the “Receiving Party”) with certain non-public information regarding the Disclosing Party’s business, technology, products, or services that is marked or designated by the Disclosing Party as “confidential” or “proprietary” at the time of disclosure or that reasonably would be understood to be confidential given the circumstances of disclosure (collectively, “Confidential Information”).  Without limiting the generality of the foregoing, the Software, Documentation, and all enhancements and improvements thereto will be considered the Confidential Information of PlanRadar; and the Customer Data will be considered the Confidential Information of the customer. The Receiving Party agrees to treat the Confidential Information of the other Party with the same degree of care that it uses to protect its own confidential information of like kind and value, but in no case less than a reasonable degree of care and to limit the disclosure of such Confidential Information to employees and agents with a need to know such information to provide or use the Software hereunder and as otherwise expressly permitted under these Terms, provided that each employee or agent is bound by obligations of confidentiality and restrictions against disclosure at least as restrictive as those contained herein.

8.2 The confidentiality obligations set forth in this section will not apply to any information that (a) becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party free of any confidentiality duties or obligations; (c) was already known to the Receiving Party at the time of disclosure; or (d) the Receiving Party can prove, by clear and convincing evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential Information.  In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure and coordinates with the Disclosing Party in an effort to limit the nature and scope of such required disclosure.

9. Duration and termination

9.1 These Terms shall apply and remain in effect for the duration of all orders for Software (the “Term”). Subscriptions for access to the Software commence on the start date specified in the relevant order and continue for the term specified therein.

9.2 Unless otherwise indicated in the order, upon the expiration of the term specified in the order, the subscription will automatically renew for consecutive periods of one year unless the Customer gives notice to PlanRadar of its intent not to renew at least 30 days in advance of the applicable automatic renewal date of the subscription. Deletion of an account by the customer shall also be deemed to be a termination of the contract at the end of the respective contract period, and the deletion must take at least 30 days in advance of the applicable automatic renewal date of the subscription.

9.3 Termination must take place in writing or via the PlanRadar platform by an administrator appointed and authorized by the customer.

9.4 A complete termination requires a termination of the entire license package. The deactivation / cancellation of only individual licenses is not considered as termination of the entire license package.

9.5 If the contract is terminated before the end of the contract period, no credit is granted for the remaining contract period.

9.6 PlanRadar may terminate any order with immediate effect under the following conditions:

9.6.1 the customer provides incomplete or incorrect information or fails to provide required proof.

9.6.2 the customer is in default of payment for more than 30 days; the granting of a grace period is not required.

9.6.3 there is reasonable suspicion that the Software is being misused or used in violation of these Terms or the customer’s subscription rights.

9.7 The customer is responsible for backing up Customer Data in good time before termination of the contract. 30 days after the expiry or termination of the applicable subscription, the Customer Data will no longer be accessible. The customer’s access cannot be reactivated.

10. Information requirements

10.1 The customer is responsible for providing PlanRadar with customer’s most current address for the customer’s account.  The customer must immediately inform PlanRadar of any changes in his address. If the customer has failed to do so, PlanRadar’s notifications and communications to the customer are deemed to have been delivered if delivery was made to the last valid address provided by the customer for communication.

10.2 The customer agrees that PlanRadar may also send legal notifications to the customer by email or other electronic media (this also applies to invoices, which may be electronically signed to comply with the provisions of the sales tax law. Declarations are deemed to have been received as soon as the customer can access them or take note of them under normal circumstances.

11. Terms of payment and other financial terms

11.1 The customer will pay PlanRadar the fees set forth in the applicable order for the Software. All fees (unless otherwise stated) are exclusive of and the customer is responsible for paying any federal, state and local sales, use, excise, ad valorem, value-added, and other similar type taxes and duties imposed on the purchase or provision of the Software (including implementation where applicable). A cash discount is not provided or granted.

11.2 Fees are generally charged in advance for the accounting period in question. Invoices shall be issued immediately after acceptance of the offer or extension of the contract term and sent digitally by PDF to an e-mail address defined by the customer. Invoices are due and payable within 14 days of the invoice date without deduction.

11.3 When ordering via the PlanRadar website, payment claims are due in accordance with the conditions of the payment provider Fastspring (http://www.fastspring.com/) – unless stated otherwise.

11.4 The customer shall bear all bank charges and other expenses associated with the transfer.

11.5 Any amounts not paid when due shall bear interest at the rate of one percent (1%) per month, or the maximum legal rate if less. The customer must bear all necessary and appropriate costs incurred for the intervention of lawyers and collection agencies.

11.6 Payments by the customer will be applied against any outstanding costs or interest. Then, they are offset against any balance, the oldest debt first.

11.7 PlanRadar is entitled to unilaterally increase the prices for the Software with effect from the beginning of the next contractual year and will notify the customer in good time, at least 1 month in advance.

11.8 Invoices are considered to be accepted if no objection has been raised in writing within 3 months after the invoice has been issued.

11.9 PlanRadar accepts all common credit cards (when ordering via the website) as well as payment by bank transfer.

11.10 The customer cannot offset its own claims against PlanRadar’s claims. The customer’s right of retention is also excluded.

12. Other provisions

12.1 Should one or more provisions of these Terms be or become ineffective or unenforceable in full or in part, by any court or agency of competent jurisdiction, then that part shall be limited or curtailed to the extent necessary to make such provision valid, while remaining as close as possible to the economic purpose of the ineffective or unenforceable clause. All other remaining terms of these Terms shall remain in full force and effect.

12.2 The customer may not assign, delegate, or otherwise transfer its rights or obligations reflected in these Terms or any order without obtaining the prior written consent of PlanRadar, and any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void

12.3 PlanRadar is entitled to use subcontractors and other third parties in full or in part to fulfil its obligations under these Terms.

12.4 These Terms and the transactions contemplated hereunder shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the choice or conflict of law provisions of such state.  The parties agree that any action to interpret or enforce the Agreement will be brought exclusively in the state and federal courts located in the state of Delaware.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Third party license agreements

> Download “Third party license agreements”

PlanRadar terms and conditions valid until September 30, 2024: https://www.planradar.com/us/terms-and-conditions-valid-until-30-9-2024/

1. General

PlanRadar securely and sensitively handles your personal data in accordance with all applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Personal data is all information that pertains to identified or identifiable natural persons, for example name, address, email addresses or IP addresses.

As a provider of cloud-based Software as a Service (SaaS) products, in particular the PlanRadar solution for construction documentation, task and defect management, PlanRadar primarily acts as a processor for users of its products within the meaning of Article 4 (8) GDPR. Independently of this, PlanRadar also processes personal data under its own responsibility and thus acts as a Controller within the meaning of Article 4 (7) GDPR.

This privacy policy concerns the processing in which PlanRadar GmbH (Kärntner Ring 5-7, Top 201, 1010 Vienna, Austria, registered under company number (FN) 400573d at the Vienna Commercial Court) is the Controller within the meaning of Article 4 (7) GDPR (hereafter called the “Controller” or “we”).

The Controller’s Data Protection Officer can be reached at the above-mentioned address and via email at [email protected].

As Controller, PlanRadar processes personal data in various ways and for various purposes:

2. Data processing of website visitors and those interested in our products

By only visiting our website or using our products (e.g. installing our apps), without registering or providing other information, we process only the personal data that your device transfers to our servers. This includes IP addresses, technical information on the browser and operating system, the approximate place of residence and possible error messages (e.g. crash notifications).

The legal basis for this processing is for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the analysis and guaranteed operation of our websites and our products.

This data is not transferred to third parties.

Providing the listed information is not a statutory requirement but is required for the operation of our website or use of our products.

3. Data processing by using cookies and analysis methods

We use our own cookies and the cookies of selected partners during website visits. In addition, we also use various tools for analysis and optimisation (e.g. web and app tracking, performance tracking) when our websites are visited and our products are used. Cookies and these optimisation/analysis tools are used only if and to the extent that your consent has been obtained, unless they are required for the functionality or guaranteed safe operation of our websites or our products. You can find more information on the cookies and analysis tools used here.

If you have granted us your consent to do so, we also use these tools to process your IP address and technical information about your browser and operating system, the approximate place of your residence, demographic information, the source of our website visitors and activity data such as clicks and page views to improve the user experience and our range of information, and to analyse and optimise the operation of our websites and our products, including the optimisation of our marketing activities.

The legal basis for this processing is your explicit consent (Article 6 (1) (a) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the analysis and guaranteed operation of our websites and our products. You can partially withdraw (limit) or fully withdraw your consent to the use of cookies and the mentioned analysis tools at any time via this link.

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is, in some cases, required to provide particular functionalities of our websites or products. If this data is not provided or is partially provided, you may be unable to use or have restricted use of certain functions of our websites or our products. There are no negative consequences to refraining from providing data for optimisation and analysis purposes.

4. Data processing in conjunction with the use of additional functions of our websites and products

If you do not only use our websites for information purposes but make use of additional functions and services that our websites and products offer (e.g. the contact form, chat, webinar) or would like to participate in information campaigns, as a rule you must provide us with additional personal data for us to process your enquiries and make the provided functions available. This typically includes information that we require to contact you, for example first name, surname, email address, telephone number and company master data. We process this data together with the data collected in connection with visiting our website and using our products (see Point 2 ), in particular the IP addresses collected and the activity data associated therewith (e.g. clicks, page call-ups, etc.). Furthermore, we process the data made available to us by transferring it to our CRM system (see Point 9 ).

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR), to take steps prior to entering into a contract or to fulfil our contractual obligations (Article 6 (1) (b) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the analysis and guaranteed operation of our websites and products, continuous improvement of our products and optimisation of our marketing activities. In some instances, we complete data sets processed by us with the use of data enrichment solutions to obtain a full data set about you (Data Enrichment, see Point 7).

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required to contact you and to use the provided functions of our websites and products. If this data is not provided or is partially provided, you may be unable to use certain functions of our websites and products or have limited use of these, or we may not be able to contact you. There are no negative consequences to refraining from providing data for optimisation and analysis purposes.

5. Data processing after personal contact

If you contact us at trade fairs or exhibitions, for example, and provide your data to us, by handing us business cards or completing a form for example, we process the data made available to us by transferring it to our CRM system (see Point 9). This typically includes information that we require to contact you, for example first name, surname, email address, telephone number and company master data.

The legal basis for this processing is to take steps prior to entering into a contract (Article 6 (1) (b) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically establishing a business relationship and maintaining our business contacts (CRM). In some cases, we also supplement the data by collecting data from third parties (Data Enrichment, see Point 7).

Providing the listed data is not legally stipulated but is required to contact you. If this data is not provided or partially provided, we may not be able to contact you and enter into a business relationship with you.

6. Data processing when you subscribe to our marketing newsletter

If you subscribe to our newsletter, we process your contact details, in particular your email address, first name, surname, title and IP address to send our marketing newsletter. We also process information on which newsletter we have sent you, whether and when you have opened this, whether it could be delivered, whether you have subscribed or unsubscribed to the newsletter and if you have clicked on links in the newsletters, which and how many. In particular, we process the data made available to us by transferring it to our CRM system (see Point 9).

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR). You can withdraw your consent to receiving the marketing newsletter at any time. To do this, you can unsubscribe from the marketing newsletter at any time by using the link within the newsletter or by emailing [email protected].

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required for our marketing newsletter to be sent. If this data is not provided or is partially provided, we may not be able to send you our marketing newsletter.

7. Data processing for data collected by third parties (Data Enrichment)

In general, we collect personal data directly from you, so that as a rule you can decide on making your personal data available to us. However, in some cases we may obtain personal data from other sources.

These other sources are primarily the internet, from which we obtain publicly available information. In addition, we also obtain information from data enrichment providers. In individual cases, we also obtain information from third parties (e.g. credit agencies).

This personal data is typically limited to contact information (first name, surname, email address, telephone number, postal address) as well as information on your work for a specific company, the company headquarters, the company industry and your role in this company.

If you apply to work with us, we may also process information from publicly available sources on your educational and professional background.

The legal basis for this processing is our legitimate interest (Article 6 (1) (f) GDPR) in a complete data set about you, which is required for professional communication and the establishment of a business relationship or the application process. In general, the recipients and storage duration of this data comply with the respective processing for which the data was collected.

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

8. Data processing of PlanRadar product users

If you create a (test) account to use our products, we process (i) information that we assign to you as a (test) Account Owner and require to contact you. This includes your first name, surname, email address, telephone number (ii), company master data (e.g. company name, postal address, email addresses, telephone numbers, contact person, role), (iii) information on the type and content of our contractual relationship (e.g. number, type and duration of activated licences and information on the requested and created offers), (iv) marketing-relevant information such as industry and target group as well as information on the origin and history of (test) accounts (e.g. responsible sales partners, date of last contact, clicked adverts).

In terms of individual users of our products who are assigned to a specific (test) account, we process information that we require to contact and uniquely assign the user. This includes contact details such as first name, surname, email address, telephone numbers and company details as well as information that we require to manage the user account (e.g. the (test) account that the user is assigned to, licence number, date on which the account was created, account type, whether the account is active/inactive).

In addition, we also process information on the activities of our users in our products, in particular activity data such as the number of projects created, number of tickets created and the device used.

The legal basis for this processing is to take steps prior to entering into a contract or to fulfil our contractual obligations (Article 6 (1) (b) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the analysis and guaranteed operation of our websites and products, continuous improvement of our products and optimisation of our marketing activities.

If we have received the respective consent, we also process the contact details of users of our products together with their activity data to (i) interactively support new users with the use of our products and facilitate their use of our products (Onboarding, see Point 10) and (ii) to provide information on (new) product functions or updates/upgrades and, if applicable, the status of the account and to (iii) hold customer surveys on improving service quality. For these purposes, we may also contact you via email, phone, video conference and/or by notifications in our products (e.g. pop-up windows, push-notifications). If you have given us your consent for this, we may also list you as a reference customer on our websites.

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR). You can withdraw this consent at any time, for example by emailing [email protected] or simply deactivating this in your individual profile settings.

If you activate a paid account with us, we process payment information in addition to the above-mentioned data. Payment information includes invoice recipients, invoice addresses, invoice numbers, invoice period, due date, bank details, payment conditions, contact person for invoices, VAT ID, etc.

The legal basis for this processing is to fulfil our contractual obligations (Article 6 (1) (b) GDPR), to fulfil our legal obligations (Article 6 (1) (c) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the optimisation of our accounting processes and for liquidity management purposes.

We specifically process the listed data by transferring it to our CRM system (see Point 9).

If you activate the functions of PlanRadar Connect, we process the respective package information (e.g. Workato-ID, company name, task quota and term of the package) and the information from technical protocols required for operating PlanRadar Connect (e.g. workflow-logfiles, possible error messages) in addition to the above-mentioned data.

The legal basis for this processing is to fulfil our contractual obligations (Article 6 (1) (b) GDPR), to fulfil our legal obligations (Article 6 (1) (c) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the analysis and guaranteed operation of our products.

PlanRadar Connect is hosted and provided by Workato, Inc (“Workato”). Workato is a provider headquartered in the USA. We have concluded a contract with Workato in accordance with standard contract clauses within the meaning of Article 46 (2) GDPR, in which Workato is obliged to process user data only in accordance with our instructions and to comply with EU data protection levels. You can obtain more information on this here: Workato Services Privacy Policy

We may also disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required to initiate, maintain and fulfil the business relationship and to meet our legal obligations. If this data is not provided or partially provided, we may not be able to conclude a contract with you or support you when you use our products.

9. Use of CRM systems

We use the services of Hubspot. Hubspot is a Customer Relationship Management (CRM) subscription and marketing automation system from Hubspot Inc. (25 First Street, 2nd Floor, Cambridge, MA 02141, USA) with subsidiaries in Ireland (Ground Floor, Two Dockland Central, Guild Street, Dublin 1) and Germany (Am Postbahnhof 17, 10243 Berlin).

We use Hubspot for contact management, email marketing (newsletters and automated mailings), providing product information such as new functions or updates/upgrades), reporting (traffic sources, access, etc.), landing pages and contact forms.

If you create a test account to use our products, activate a paid account or are invited to create an account by an account owner, or disclose to us contact information and other demographic information in another way (e.g. in a contact form on our website), we may transfer this information and any content retrieved from our website or in our products, to Hubspot Hubspot’s services help us to subsequently contact website visitors, interested parties and users of our products and, additionally, to answer their enquiries and to determine which of our company services would be of interest to them. What’s more, Hubspot’s services also improve the efficiency when working with our products and help to generally improve user experience and service quality when one uses our products and visits our websites.

If you have granted us consent to this, we also process your contact details such as email address, first name, surname, title and IP address for email marketing and to provide product information such as new functions, unused functions or updates/upgrades and, if applicable, information on account status. You can withdraw your consent at any time, by emailing [email protected] or simply deactivating this in your individual profile settings.

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically improving user experience and service quality when our products are used or our websites are visited (e.g. quick and efficient processing of enquiries).

Hubspot is a provider headquartered in the USA. We have therefore concluded a contract with HubSpot in accordance with standard contract clauses within the meaning of Article 46 (2) GDPR, in which HubSpot is obliged to process user data only in accordance with our instructions and to comply with EU data protection levels. You can obtain more information on this here: https://legal.hubspot.com/de/dpa and here (German): https://legal.hubspot.com/de/privacy-policy

Furthermore, we use the customer relationship management system Zoho CRM from Zoho Corporation, 4141 Hacienda Drive Pleasanton, CA 94588, USA to store and efficiently manage our contact details.

Zoho is a provider headquartered in the USA. We have therefore concluded a contract with Zoho in accordance with standard contract clauses within the meaning of Article 46 (2) GDPR, in which Zoho is obliged to process user data only in accordance with our instructions and to comply with EU data protection levels.

You can view more information on Zoho’s website here: https://www.zoho.com/gdpr.html

The legal basis for this processing is for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically establishing a business relationship and maintaining our business contacts (CRM).

We use various tools to process data stored in our CRM system. This includes the sales platform SalesLoft that we use to improve organisation of our sales processes. To do this, SalesLoft accesses some of the customer details contained in our CRM systems (contact information and company information) and merges this with information on interactions with us (e.g. telephone calls, communication via email and/or social networks). This information helps us to centrally coordinate our sales activities and to always communicate with our customers authentically, with up-to-date information.

SalesLoft is a provider headquartered in the USA. We have therefore concluded a contract with SalesLoft in accordance with standard contract clauses within the meaning of Article 46 (2) GDPR, in which SalesLoft is obliged to process user data only in accordance with our instructions and to comply with EU data protection levels.

The legal basis for this processing is for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the continuous optimisation of our sales processes.

10. Interactive Support (Digital Adoption)

If such consent has been obtained, we process the contact details of our product users together with the activity data in our products to interactively support (new) users when using our products and to facilitate their use of our products (onboarding). For this purpose, we use the services of the following providers:

A) Pendo, 150 Fayetteville Street Suite #1400, Raleigh, NC, 27601 USA.

If Pendo’s service is used, information is collected on which walk-thrus have been completed within our products and which Pendo widgets have been opened within our products. Pendo does not collect any personal data except for IP addresses and the approximate geolocation of the user (country and city in which they are located). Pendo assigns the collected metadata to anonymous random GUIDs.

Pendo is a provider headquartered in the USA. We have concluded a contract with Pendo in accordance with standard contract clauses within the meaning of Article 46 (2) GDPR, in which Pendo is obliged to process user data only in accordance with our instructions and to comply with EU data protection levels. You can find additional information on data privacy at Pendo here: https://www.pendo.io/legal/privacy-policy/.

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR). You can withdraw your consent at any time, by emailing [email protected] or simply deactivating this in your individual profile settings.

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

11. Data processing for business partners and suppliers

If you are our business partner or supplier or would like to become one, we process (i) information that we require to contact you (e.g. first name, surname, email address, telephone number) (ii) company master data (e.g. company name, company register number, postal addresses, email addresses, telephone numbers, contact people, role) as well as (iii) payment information (e.g. invoice recipients, invoice addresses, invoice numbers, invoice period, bank details, contact person for invoices, VAT ID, etc.) to initiate, maintain and fulfil our goods and services contracts and to conduct the ongoing business of our company.

The legal basis for this processing is to take steps prior to entering into a contract or to fulfil our contractual obligations (Article 6 (1) (b) GDPR), to fulfil our legal obligations (Article 6 (1) (c) GDPR), and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the optimisation of our accounting processes and for the purposes of liquidity management.

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required to initiate, maintain and fulfil the business relationship and to meet our legal obligations. If this data is not provided or partially provided, we may not be able to conclude a contract with you.

12. Applicant data processing

If you submit a job application to us, we process all the data that you provide in your application (CV, cover letter, other documents such as school certificates and recommendation letters). These typically include personal data (name, date and place of birth, nationality), contact details (email and postal address, telephone number, social media profiles), and other information (photo, training/skills/knowledge/official assessments/certificates/experience, professional experience, hobbies and interests, family members). We ask you to refrain from communicating any special categories of personal data in your application. This includes information indicating your racial and ethnic background, political opinions, religious or philosophical beliefs or trade union membership, as well as health data or data on your sexual life or orientation. Such information is automatically saved together with your other data and is not processed separately.

If you give us your consent to this, we also keep you on file as an applicant.

The legal basis for this processing is to take steps prior to entering into a contract (Article 6 (1) (b) GDPR), your consent, if applicable (Article 6 (1) (a) GDPR) and for the purposes of our legitimate interests (Article 6 (1) (f) GDPR), specifically the optimisation of our application processes.

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required for the application procedure. If this data is not provided or partially provided, we may not be able to process your application and establish an employment relationship.

13. Data processing when you subscribe to our HR-newsletter

If you subscribe to our HR-newsletter, we process your contact details such as your email address, first name, surname and IP address to send our HR-newsletter. We also process information on which HR-newsletter we have sent you, whether and when you have opened this, whether it could be delivered, whether you have subscribed or unsubscribed to the HR-newsletter and if you have clicked on links in the HR-newsletters, which and how many. In particular, we process the data made available to us by transferring it to our CRM system (see Point 9).

The legal basis for this processing is your express consent (Article 6 (1) (a) GDPR). You can withdraw your consent to receiving the HR-newsletter at any time. To do this, you can unsubscribe from the HR-newsletter at any time by using the link within the HR-newsletter or by emailing [email protected].

We may disclose your data to the recipients listed under Point 14 to achieve the purposes listed above.

Providing the listed data is not a statutory requirement but is required for our HR-newsletter to be sent. If this data is not provided or is partially provided, we may not be able to send you our HR-newsletter.

14. Data recipients

Your data may be transferred by us to the following recipients or categories of recipients in accordance with the processing described above:

15. Storage duration

In general, your data is only kept for as long as required for the respective purpose:

• The storage duration of log data is 3 months
• We delete data that is required for processing enquiries and making contact, within 3 years of the business relationship ending or our last contact with you
• We keep data and contracts that are relevant for our accounting in compliance with company or tax law regulations, in general, this duration is for 7 or 10 years respectively
• In general, we keep data stored on the basis of your consent until consent is withdrawn or the contractual relationship is complete
• Data from unsuccessful job applicants is generally stored for 6 months. Beyond this, we only keep applicant data if consent has been given for this to be kept on file.

Data is then deleted unless such deletion, in some individual cases, conflicts with any of our legitimate interests (e.g. continued storage of data as evidence, or to establish or defend legal claims, taking into consideration the relevant applicable limitation periods).

16. Rights of the data subject

Right of access (Article 15 GDPR): You have the right to obtain confirmation as to whether or not personal data concerning you is processed.

Right to rectification (Article 16 GDPR): If we process your data and this is incorrect or incomplete, you have the right to request its rectification or completion.

Right to erasure (Article 17 GDPR): You have the right to request erasure of your personal data where one of the following grounds applies:

• The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed
• You withdraw consent and there is no other legal ground for the processing
• You object to the processing and there are no overriding legitimate grounds for the processing, or you object to the processing for direct advertising purposes
• The personal data has been unlawfully processed
• The personal data has to be erased for compliance with a legal obligation
• The personal data has been collected in relation to the offer of information society services from a child

As stated above, there may be reasons that preclude immediate deletion, for example in the case of legally prescribed storage obligations.

Right to restriction of processing (Article 18 GDPR): You have the right to request restriction of processing if:

• You contest the accuracy of the personal data, and for a period enabling us to verify the accuracy of the personal data
• The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead
• We no longer need the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims
• You have objected to the data processing

Right to data portability (Article 20 GDPR): You have the right to receive any personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller if we process this data on the basis of consent that you gave, or to fulfil a contract between us and this processing is carried out by automated means.

Right to object (Article 21 GDPR): If we process your data to perform a task that is carried out in the public interest, or in the exercise of official authority vested in us or on the basis of a legitimate interest, you have the right to object to this data processing. In this case, we shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or unless this is for the establishment, exercise or defence of legal claims. You can withdraw consent to processing for marketing purposes and the creation of a user profile associated with this, at any time.

Exercise of rights: You can exercise your rights against us at any time. To do this, you can contact us via email at [email protected] or via one of the contact options on our websites.

Withdrawing your consent: Insofar as we process data on the basis of your consent, you have the right to withdraw this at any time by emailing [email protected]. The lawfulness of processing based on the consent until it is withdrawn, remains unaffected by withdrawal.

Right to lodge a complaint: If you think that we have infringed GDPR, you have the right to lodge a complaint with the responsible supervisory authority (in Austria, this is the Data Protection Authority, www.dsb.gv.at).