This privacy policy applies to the data processing when using a platform by persons to be cared for and their court-appointed caregivers, representatives or relatives (hereinafter "contact persons") as well as caregivers via the website www.marta.de operated by marta GmbH and the web-based or mobile application (collectively hereinafter "marta platform").
In the course of registration, you, as the person to be cared for - represented by your court-appointed caregiver in the case of lack of capacity, or also in the case of capacity, if applicable - inform us of the following or, if necessary, with the support of your representative or relative - your name, address, information relevant to the care of your gender, body weight and height, living situation, diet, religion, housing situation and, in particular, health data such as illnesses, allergies, food intolerances, dementia, mental condition, hearing and vision, sleep disorders and mobility condition, elimination and toileting as well as personal hygiene.
As part of the registration process, you will provide us with your name and email address as a contact person.
As a caregiver, you provide us with your name, address, email address, phone number, date of birth, age, gender, current location, whether you have a driver's license, whether you are a smoker, language information, employment history and education, training and previous caregiving experience, health information (allergies to pets), and biometric information (picture for your profile on our platform) during the registration process.
Status : February 2021
The responsible person within the meaning of the General Data Protection Regulation (hereinafter "GDPR") is :
marta GmbH
represented by the managing directors Jan Hoffmann and Philipp Buhr
Schnellerstr. 60
12439 Berlin
Tel.: +49 (0) 30 629 32 441
E-Mail: privacy@marta.de
We process your name, address and, if applicable, your e-mail address, information relevant to the care of your gender, body weight and height (biometric data), living situation, diet, religion, housing situation and, in particular, health data, such as illnesses, allergies, food intolerances, dementia, mental state (anxiety and mood swings), hearing and vision, sleep disorders and mobility status, excretion and toilet movements and personal hygiene. Personal data other than that provided to us by you - represented by your court-appointed guardian in the case of lack of capacity or also with the support of your representative or relative in the case of capacity - will not be processed.
Your data - with the exception of your name, address and the e-mail address of your contact person - will be displayed via our platform to caregivers who essentially correspond to your need for care in the sense of a needs analysis, but only in the context of using our platform. This display of the aforementioned data via our platform to suitable caregivers is necessary for the best possible mediation of a service contract between you and the caregiver and the subsequent, best possible implementation of care. After conclusion of the service contract, the caregiver will also be shown your name and address. Apart from that, we do not pass on your data to third parties.
Likewise, we process your personal data (name, e-mail address and telephone number, if applicable) as the contact person of the person to be cared for, if you have entered your name, e-mail address and telephone number) on the marta platform.
The legal basis for the processing of your data mentioned in section II.1 - with the exception of your name, address and the e-mail address of your contact person - is your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 9 para. 2 lit. a) DSGVO, which we obtain in the course of your registration on our platform. You can revoke your consent at any time by notifying us at privacy@marta.de or via the contact details mentioned in section I above. Your revocation will result in the termination of the contract for the use of the platform, as we will not be able to provide caregivers who are the best fit for you without processing your data mentioned in section II.1.
The legal basis for the processing of your name, address and the email address of your contact person is Art. 6 para. 1 p. 1 lit. b) DSGVO (performance of the contract on the use of our platform).
By providing us with your personal data mentioned in section II.1, in particular health data, biometric data and data on your religion, we can arrange the best possible suitable 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 to be cared for and so that you can communicate directly with the caregiver via the marta platform.
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected, in particular if there is no longer a care situation (e.g. in the event of your death) or if you no longer wish to use our platform (deletion of the account) or you have revoked your consent to data processing. We will also delete your data if you notify us of your wish to delete it at privacy@marta.de or via the contact details mentioned in section I above. Otherwise, we will only store your personal information if statutory retention obligations require us to retain the data for a longer period of time.
We process your name, address, e-mail address, telephone number, date of birth, age, gender, current location, whether you have a driver's license and whether you are a smoker, information about languages, education and training, and previous experience in the profession and in care, as well as health data (information about allergies to pets) and biometric data (image for your profile on our platform). Personal data other than those provided to us by you will not be processed. Your data - with the exception of your last name and address - will be displayed via our platform to persons to be cared for, who essentially correspond to your service offer of care based on a needs analysis, and to their contact persons, but only in the context of using our platform.
This display of the aforementioned data via our platform to suitable persons to be cared for and their contact persons is necessary for the best possible mediation of a service contract between you and the person to be cared for and the subsequent, best possible implementation of the care.
After the conclusion of the service contract, your last name and address will also be shown to the person to be cared for and their contact person. Apart from that, we do not pass on your data to third parties.
The legal basis for the processing of your data mentioned in section III.1 - with the exception of your name, address, e-mail address and telephone number - is your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 9 para. 2 lit. a) DSGVO (and additionally in the case of your image § 22 KunstUrhG), which we obtain in the course of your registration on our platform. You can revoke your consent at any time by notifying us at privacy@marta.de or via the contact details mentioned in section I above.
The legal basis for the processing of your name, address, e-mail address and telephone number is Art. 6 para. 1 p. 1 lit. b) DSGVO (performance of the contract for the use of our platform).
By providing us with your personal data mentioned in section III.1, in particular biometric data and health data, we can arrange suitable persons to be cared for for you via our platform.
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected, in particular if you no longer wish to use our platform (deletion of the account) or you have revoked your consent to data processing. We will also delete your data if you notify us of your wish to delete it at privacy@marta.de or via the contact details mentioned in section I above. Otherwise, we will only store your personal information if statutory retention obligations require us to retain the data for a longer period of time.
"Cookies" are small files that allow 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 the frequency of use and the number of users of our marta platform, as well as to make our offers as convenient and efficient as possible for you. The purpose of using these cookies is to be able to offer you an optimal user experience, as well as to "recognize" you and enable you to use the marta platform as comfortably as possible during repeated use. The content of a cookie is limited to an identification number. Name, IP address etc. are not stored. No individual profiling of your usage behavior takes place.
Cookies are only used after you have given your consent in accordance with Art. 6 para. 1 p. 1 lit. a) DSGVO by clicking on the consent to the use of cookies during your first visit to our marta platform. You can revoke your consent at any time by notifying the contact details above. The withdrawal of consent can also be done by deleting all cookies from our marta platform in the browser. As this depends on the browser you are using, please refer to the help function of your browser for this.
On our marta platform, we use temporary or transient cookies (so-called session cookies). Session cookies are stored exclusively for the duration of your use of our marta platform. Session cookies are used exclusively to identify you during your visit to our marta platform. Session cookies are deleted after the end of each session. Session cookies are absolutely necessary for the functioning of our marta platform due to the system and cannot be deactivated. You can set your browser to block session cookies or to notify you of their use. However, some areas of the marta platform may not function if you do so. Session cookies are used in accordance with Art. 6 para. 1 lit. f) DSGVO (our legitimate interest).
The marta platform uses the service Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the marta platform. The information generated by the cookie about your use of the marta platform is usually transmitted to and stored by Google on servers in the United States. We only use Google Analytics with IP anonymization enabled. This means that your IP address is shortened by Google within the EU or a state of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a server in the USA and shortened there. The IP address transmitted by your browser will not be merged with any other data held by Google.
Google uses this information on our behalf to evaluate the use of our marta platform by users and to compile statistics on activities within the marta platform. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
The personal data of the users will be deleted or anonymized after 14 months.
The legal basis for the use of Google Analytics is your consent according to Art. 6 para. 1 p. 1 lit. a) DSGVO. You can revoke your consent at any time by notifying the above-mentioned contact details.
You can prevent the storage of cookies by setting your browser software accordingly or object to the processing of the data generated by the cookie by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
You can find further information on setting and objection options in Google's privacy policy: https://policies.google.com/technologies/ads
We use the Mailchimp service to send 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 (hereinafter "Mailchimp"). Mailchimp provides services of sending and controlling promotional email campaigns (such as newsletter sending). Mailchimp is a processor commissioned by us, which processes your email address as personal data on our behalf and according to our instructions on the basis of a contract processing agreement.
The legal basis for sending newsletters and promotional emails is your consent pursuant to Art. 6 (1) a) DSGVO. You can revoke your consent at any time by notifying the contact details above.
You can find more information on data processing by Mailchimp at: https://mailchimp.com/legal/privacy/
We use the service of Taboola Europe Limited, a company based in the EU, through which we place advertisements on websites. If you click on the link contained in the advertisements, you will be redirected to our website. Through the service of Taboola Europe Limited, we can track which website you have used to reach our website.
The legal basis for the use of Taboola is your consent pursuant to Art. 6 para. 1 p. 1 lit. a) DSGVO. You can revoke your consent at any time by notifying the contact details above.
You can switch off the targeted display of advertising via the following link https://optout.networkadvertising.org/?c=1.
For more information on data processing by Taboola, please visit :
https://www.taboola.com/policies/privacy-policy
The marta platform uses the remarketing function "Custom Audiences" of Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland ("Facebook"). This function is used to present interest-based advertisements ("Facebook Ads") to visitors of the marta platform when they visit the social network Facebook. For this purpose, the Facebook remarketing tag has been implemented on the marta platform. Via this tag, a direct connection to the Facebook servers is established when visiting the marta platform. In doing so, it is transmitted to the Facebook server that you have visited the marta platform and Facebook assigns this information to your personal Facebook user account.
The legal basis for the use of the remarketing function "Custom Audiences" is your consent pursuant to Art. 6 para. 1 p. 1 lit. a) DSGVO. You can revoke your consent at any time by notifying the contact details above.
For more information on the collection and use of data by Facebook, as well as your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy/. Alternatively, you can use the "Custom Audiences" remarketing function at https://www.facebook.com/settings/?tab=ads#_=_deaktivieren.To do this, you must be logged in to Facebook.
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 so-called 2-click concept on our marta platform. This means that we use deactivated buttons that do not establish contact with the servers of Facebook and Instagram upon the first click. Only after the appropriate notice and the second click is then forwarded to Facebook and Instagram.
We use the social media plugins to be able to provide information about our services. The data processing is based on your consent pursuant to Art. 6 para. 1 p. 1 lit. a) DSGVO. You can revoke your consent at any time by notifying the contact details above.
For more information on the collection and use of data by Facebook, as well as your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy athttps://www.facebook.com/about/privacy/.
You have the right to be informed in a clear, transparent and easily understandable way about your rights and how we use your personal and health data. Therefore, we inform you about this in this privacy notice.
You have the right to receive a copy of your personal and health information and certain other information (similar to that provided in this Notice of Privacy Practices) about its use. This is so that you can see and verify that or whether we are using your information in accordance with privacy law. We may refuse to release information if it would reveal personal information about another person or if it would interfere with another person's rights.
You may ask us to take reasonable steps to correct your personal information and health information if it is inaccurate or incomplete.
This right is also known as the "right to be forgotten" and allows you to request the deletion or removal of your personal and health information if there is no compelling reason for us to continue using it or its use is unlawful. There is no general right to erasure. In addition, there are exceptions to your right to data erasure, for example, if we need your personal data to defend a legal claim.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.
You are entitled to "block" or prevent further use of your personal data and health data while we consider a request for rectification, or as an alternative to erasure. If processing is restricted, we may still store your personal data and health data, but we may not continue to use them.
You are entitled to request and reuse certain personal and health information for your own purposes with various organizations.
You have the right to complain to the competent data protection supervisory authority if you consider that the processing of your personal data and health data is not lawful.
The term "24-hour care" has become established in the public domain for care in the home. "Care in the home community" corresponds to real family structures and accurately describes the complex relationship between caregivers, people in need of care and relatives. This does not mean, however, that our caregivers work continuously or are on call 24 hours a day. Caregivers placed by us usually work a maximum of 48 hours/week. The working hours can be divided by arrangement. Night shifts can be arranged to a certain extent. However, a permanent readiness (e.g. baby monitor during the whole night) is excluded. In order to ensure good and legally permissible working conditions for the caregivers, the caregivers are entitled to sufficient continuous daily rest periods, as well as at least 1 day off/week. We are happy to support you in developing a comprehensive care concept to organize seamless care. For further explanations, our team is at your disposal.We are a member of the Bundesverband für häusliche Betreuung und Pflege e.V. (VHBP). Here we are committed to fair and legally secure framework conditions - for the caregivers, the people in need of care, as well as their relatives.
