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Privacy Policy

Privacy Policy for data processing when using a platform for persons-in-care and caregivers

This Privacy Policy applies to data processing when a platform is used by persons-in-care and their court-appointed carers, representatives or relatives (referred to here as “Contact Persons”), as well as by caregivers via the website www.hallomarta.de operated by marta GmbH and the web-based or mobile application (collectively referred to here as “marta Platform”). 

In the course of registration, you as the person-in-care – represented by your court-appointed carer if you are mentally impaired or perhaps with the support of your representative or a relative even if you are mentally healthy – provide us online with your name, address, details relevant to your care regarding gender, body weight and height, life situation, diet, religion, housing situation and in particular also data concerning health, such as illnesses, allergies, food intolerances, dementia, mental state, hearing and vision, sleep disorders and mobility, excretion and visits to the toilet as well as personal hygiene.

In the course of registration, you provide us with your name and email address as a Contact Person. 

As a caregiver, you provide us in the course of registration with your name, address, email address, telephone number, date of birth, age, gender, current place of residence, information as to whether you have a driving licence and whether you are a smoker, information on languages, professional background and education, training and previous experience in care work as well as data concerning health (details on allergies to pets) and biometric data (picture for your profile on our platform). 

  1. Controller

The controller within the meaning of the General Data Protection Regulation (referred to here as “GDPR”) is: 

marta GmbH
represented by the managing directors Jan Hoffmann and Philipp Buhr
Dottendorferstr. 86
53129 Bonn, Germany

Tel.: +49 (0) 30 629 32 441

Email: privacy@hallomarta.de

  1. Processing data of the person-in-care and their Contact Persons
    1. Description and scope of data processing

We process your name, address and, if necessary, your email address for details relevant to your care regarding gender, body weight and height (biometric data), life situation, diet, religion, housing situation and in particular also data concerning health, such as illnesses, allergies, food intolerances, dementia, mental state (fears and mood swings), hearing and vision, sleep disorders and mobility, excretion and visits to the toilet as well as personal hygiene. No personal data will be processed other than those you provide us with – represented by your court-appointed carer if you are mentally impaired or perhaps with the support of your representative or a relative even if you are mentally healthy. Your data – with the exception of your name, address and the email address of your Contact Person – will be displayed via our platform to care workers who essentially meet your needs for care in the sense of a needs analysis, but only during the use of our platform. This display of the aforementioned data via our platform to suitable caregivers is necessary for the best possible arrangement of a service agreement between you and the caregiver and the subsequent, best possible realisation of the care. Once the service agreement has been concluded, the caregiver will also be shown your name and address. We do not share your data with third parties.

We also process your personal data (name, email address and, if applicable, telephone number) as the Contact Person of the person-in-care if you have entered your name, email address and telephone number on the marta Platform.

  1. Legal basis for data processing

The legal basis for processing your data mentioned under II.1. – with the exception of your name, address and the email address of your Contact Person – is your explicit consent pursuant to Article 6 (1) sentence 1 (a) GDPR, Article 9 (2) (a) GDPR, which we obtain in the course of your registration on our platform. You can withdraw your consent at any time by sending an email to privacy@hallomarta.de or via the contact details mentioned under I. above. Your withdrawal will result in the termination of the agreement for the use of the platform, as we will not be able to provide you with caregivers who are the best possible match for you without processing your data mentioned under II.1.

The legal basis for processing your name, address and the email address of your Contact Person is Article 6 (1) sentence 1 (b) GDPR (performance of the agreement for the use of our platform). 

  1. Purpose of data processing

By providing us with your personal data mentioned under II.1., in particular data concerning health, biometric data and data on your religion, we can find the best suited caregivers for you via our platform. 

We need your data as a Contact Person in order to achieve the best possible care for the person-in-care and so that you can communicate directly with the caregiver via the marta Platform.

  1. Duration of storage 

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected, in particular if there is no longer a care situation (for example, in the event of your death) or if you no longer wish to use our platform (deletion of the account) or you have withdrawn your consent to data processing. We will also delete your data if you send us your request for deletion via the email address privacy@hallomarta.de or via the contact details mentioned under I. above. Otherwise, we will only store your personal details if statutory retention obligations require longer data retention.

  1. Processing caregiver data
    1. Description and scope of data processing

We process your name, address, email address, telephone number, date of birth, age, gender, current place of residence, information as to whether you have a driving licence and whether you are a smoker, information on languages, education and training and previous experience in the profession and in care as well as data concerning health (details on allergies to pets) and biometric data (picture for your profile on our platform). No personal data will be processed other than those you provide us with. Your data – with the exception of your surname and address – will be displayed via our platform to person-in-care who essentially satisfy your service offer of care based on a needs analysis and to their Contact Persons, but only during the use of our platform. This display of the aforementioned data via our platform to appropriate person-in-care and their Contact Persons is necessary for the best possible arrangement of a service agreement between you and the person-in-care and the subsequent, best possible realisation of the care. Once the service agreement has been concluded, the person-in-care and their Contact Person will also be shown your surname and address. We do not share your data with third parties.

  1. Legal basis for data processing

The legal basis for processing your data mentioned under III.1. – with the exception of your name, address, email address and telephone number – is your explicit consent pursuant to Article 6 (1) sentence 1 (a) GDPR, Article 9 (2) (a) GDPR (and additionally for your picture section 22 German Art Copyright Act (KunstUrhG)), which we obtain in the course of your registration on the platform. You can withdraw your consent at any time by sending an email to privacy@hallomarta.de or via the contact details mentioned under I. above. 

The legal basis for processing your name, address, email address and telephone number is Article 6 (1) sentence 1 (b) GDPR (performance of the agreement for the use of our platform). 

  1. Purpose of data processing 

By providing us with your personal data mentioned under III.1., in particular biometric data and data concerning health, we can find appropriate person-in-care for you via our platform.

  1. Duration of storage 

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected, in particular if you no longer wish to use our platform (deletion of the account) or you have withdrawn your consent to data processing. We will also delete your data if you send us your request for deletion via the email address privacy@hallomarta.de or via the contact details mentioned under I. above. Otherwise, we will only store your personal details if statutory retention obligations require longer data retention.

  1. Cookies and Google Analytics, Mailchimp, Taboola, Facebook Remarketing and Social Media Plugins

1. Cookies

“Cookies” are small pieces of data which enable us to store specific information related to you on your PC or terminal device while you are visiting our marta Platform. Cookies help us to determine how often our marta Platform is used and by how many users, and they also make it as convenient and efficient as possible for you to use our website. The purpose of using these cookies is to be able to offer you the best possible user experience as well as to “recognise” you and to enable you to use the marta Platform as easily as possible whenever you use it. The content of a cookie is limited to an identification number. Name, IP address, etc. are not stored. We do not create an individual profile of your pattern of use.

Cookies are used only once you have given your consent pursuant to Article 6 (1) sentence 1 (a) GDPR by clicking on the consent to the use of cookies during your first visit to our marta Platform. You may withdraw your consent at any time by providing notification via the contact details mentioned above. Consent can also be withdrawn by deleting all cookies from our marta Platform in the browser. Since this depends on which browser you are using, please consult your browser’s ‘Help’ function. 

On our marta Platform, we use temporary or transient cookies (also called session cookies). Session cookies are stored only for the duration of your use of our marta Platform. Session cookies are used only to identify you during your visit to our marta Platform. Session cookies are deleted at the end of each session. Session cookies are essential for the functioning of our marta Platform and cannot be deactivated. You can set your browser to block session cookies or to notify you when they are used. However, some areas of the marta Platform may not work then. Session cookies are used in accordance with Article 6 (1) (f) GDPR (our legitimate interest).

2. Google Analytics

The marta Platform uses Google Analytics, a web analytics tool offered by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. 

Google Analytics uses “cookies”, meaning text files that are stored on your computer and enable an analysis of your use of the marta Platform. The information generated by the cookie concerning your use of the marta Platform is usually transmitted to a Google server in the USA and stored there. We only use Google Analytics with IP anonymisation activated. This means that within the EU or a country inside the European Economic Area, Google shortens your IP address. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser is not merged with other Google data. 

Google uses this information on our behalf to evaluate the use of our marta Platform by users and to compile statistics on activity on the marta Platform. In this context, user profiles may be created from the processed data using a pseudonym. 

Users’ personal data is deleted or anonymised after 14 months.

The legal basis for the use of Google Analytics is your consent pursuant to Article 6 (1) sentence 1 (a) GDPR. You may withdraw your consent at any time by providing notification via the contact details mentioned above.

You can use your browser settings to block cookies from being stored, or you can opt out of the processing of the data generated by the cookie by downloading and installing the browser add-on available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Further information on settings and opt-out options can be found in Google’s privacy policy: https://policies.google.com/technologies/ads

3. Mailchimp

We use Mailchimp to send out our newsletters. Mailchimp is an online marketing platform operated by The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA (“Mailchimp”). Mailchimp offers services that allow customers to send and manage email advertising campaigns (for example, email newsletters). We engage Mailchimp as a data processor, which processes your email address as personal data on our behalf and in accordance with our instructions on the basis of a data processing agreement. 

The legal basis for sending newsletters and promotional emails is your consent pursuant to Article 6 (1) (a) GDPR. You may withdraw your consent at any time by providing notification via the contact details mentioned above.

You can find more information on data processing by Mailchimp at: https://mailchimp.com/legal/privacy/

4. Taboola

We use the services of Taboola Europe Limited, a company based in the EU, through which we place advertisements on websites. Clicking on the link contained in those advertisements will redirect you to our website. The Taboola Europe Limited service allows us to track which website you used to access our website. 

The legal basis for the use of Taboola is your consent pursuant to Article 6 (1) sentence 1 (a) GDPR. You may withdraw your consent at any time by providing notification via the contact details mentioned above.

You can stop targeted advertising by clicking on the following link: https://optout.networkadvertising.org/?c=1.

You can find more information on data processing by Taboola at: https://www.taboola.com/policies/privacy-policy

5. Facebook Remarketing 

The marta Platform uses the “Custom Audiences” remarketing function of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland (“Facebook”). This function presents interest-related ads (“Facebook Ads”) to visitors to the marta Platform during visits to the social network Facebook. To this end, Facebook’s remarketing tag was implemented on the marta Platform. A direct connection to the Facebook servers is established via this tag when you visit the marta Platform. In this context, the information that you have visited the marta Platform is transferred to the Facebook server, and Facebook links this information to your personal Facebook user account. 

The legal basis for the use of the “Custom Audiences” remarketing function is your consent pursuant to Article 6 (1) sentence 1 (a) GDPR. You may withdraw your consent at any time by providing notification via the contact details mentioned above.

You can find more information regarding the collection and use of data by Facebook and regarding your rights in this respect and options for protecting your privacy in Facebook’s data privacy policy at https://www.facebook.com/about/privacy/. Alternatively, you can deactivate the remarketing function “Custom Audiences” at https://www.facebook.com/settings/?tab=ads#_=_. You must be logged in on Facebook to do this.

6. Social media plugins (Facebook, Instagram)

When you activate a ‘share button’ by clicking on it, information is transmitted to Facebook and Instagram, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland and may also be stored there. We use the two-click concept on our marta Platform. This means that we embed disabled buttons that do not make contact with the servers of Facebook and Instagram. Only after the corresponding notification and second click will the information be transmitted to Facebook and Instagram. 

We use the social media plugins to provide information about our services. The data processing is based on your consent pursuant to Article 6 (1) sentence 1 (a) GDPR. You may withdraw your consent at any time by providing notification via the contact details mentioned above.

You can find more information regarding the collection and use of data by Facebook and regarding your rights in this respect and options for protecting your privacy in Facebook’s data privacy policy at https://www.facebook.com/about/privacy/.

  1. Rights of the data subject 
    1. Right to be informed

You have the right to be informed in a clear, transparent and easily comprehensible way about your rights and how we use your personal data and your data concerning health. We therefore inform you about this in these data protection guidelines.

  1. Right of access 

You have the right to receive a copy of your personal data, data concerning health and certain other information (similar to that in these data protection guidelines) about their use. This is so that you can see and check that or whether we are using your information in accordance with data protection law. We may refuse to release information if it reveals personal data about another person or would prejudice another person’s rights.

  1. Right to rectification

You can ask us to take reasonable steps to rectify your personal data and data concerning health if these data are inaccurate or incomplete. 

  1. Right to erasure

This right is also known as the “right to be forgotten” and allows you to request the deletion or removal of your personal data and data concerning health if there is no compelling reason for us to continue using them or their use is unlawful. There is no general right of deletion. In addition, there are exceptions to your right to data deletion, for example, if we need your personal data to defend a legal claim.

  1. Right to restrict processing 

You are entitled to “block” or prevent the further use of your personal data and data concerning health while we consider a request for rectification, or as an alternative to deletion. When processing is restricted, we can still store your personal data and data concerning health, but not use them. 

  1. Right to data portability

You are entitled to obtain and reuse certain personal data and data concerning health for your own purposes with various organisations.

  1. Right to make a complaint to the competent supervisory authority

You have the right to make a complaint to the supervisory authority responsible for data protection if you consider the processing of your personal data and data concerning health to be unlawful.

Last revised: February 2021