Exhibit 10.2
Employment contract
between
Spire Global Germany GmbH, represented by Dipl.-Ing. Peter Platzer
- hereinafter the “Employer” or “Company”-
and Mrs. Theresa Condor Platzer, residing at Stümpflingstrasse 4, 82031 Grünwald, Germany
- hereinafter the ”Employee” –
The Employer and the Employee collectively the “Parties”, and each individually a “Party”
Preamble
Now, therefore, in consideration of the mutual premises and covenants contained herein the Parties hereto agree as follows:
Sec. 1 Scope of duties
Sec. 2 Working Time; Working Place
Sec. 3 Duration; Termination
- 2 -
(4) This Employment Agreement will terminate upon:
or
- 3 -
- 4 -
Sec. 4 Remuneration
Bonus payments, if any, will be made subject to the deduction of social and tax contributions as required by applicable law.
- 5 -
Sec. 4a Partial Net Remuneration
Sec. 4a Payments Due upon Termination
- 6 -
- 7 -
- 8 -
then the Company shall pay to the Employee or the Employee’s beneficiary or Employee’s estate, as the case may be, Employee’s base Salary and other compensation earned through the Termination Date and Employee shall not be eligible or entitled to receive any severance pay or benefits from the Company.
Sec. 4b Anticipatory Qualifying Termination.
If Employee’s employment agreement with the Company is terminated as the result of a Qualifying Termination, and a Change in Control occurs within ninety (90) calendar days after Employee’s Termination Date, then the Employee shall receive an additional cash payment equal to the sum of: (i) fifty percent (50%) of Employee’s annualized base salary as of the Termination Date (or Employee’s annualized base salary as of immediately prior to a material reduction of such base salary), (ii) the difference between the CIC Bonus Payment amount and the Non-CIC Bonus Payment amount, and (iii) the difference between the CIC Benefits Continuation Payment and the Non-CIC Benefits Continuation Payment, less all legally required and authorized deductions and withholdings, payable in a single lump sum no later than ten (10) calendar days after the date of such Change in Control. With regard to the Employee’s then outstanding equity awards Sec. 4a.(4)(c) above applies correspondingly.
Sec. 5 Reimbursement of Expenses
Sec. 6 Continuation of Salary Payments in the Event of Illness
In the event of incapacity to work (see Sec. 13 below), the Employee shall be entitled to receive her full fixed remuneration for the statutory period of six weeks.
Sec. 7 Vacation
- 9 -
Sec. 8 Confidential Information
Sec. 9 E-Mail and Internet Usage
(1) The Employee acknowledges that access to the Company's computer, email, internet, telephone and other information technology systems (collectively "IT Systems") is provided for business purposes only.
(2) The Company does not allow its IT Systems to be used to create, send, receive, or store any data that can reasonably be considered illegal, inappropriate, offensive, defamatory, obscene, harassing, or which infringes the rights of a third party.
(3) The Company reserves the right to access, inspect, review, copy, and delete any of the information, data, or messages accessed through its IT Systems with or without notice to the Employee in order to protect the Company's interests. This includes, but is not limited to, all e-mail messages sent or received, all website visits, all chat sessions, all voicemails, and all file transfers into and out of the Company's IT Systems. In addition, the Company may review IT Systems activity and analyze usage patterns. Accordingly, the Employee does not have any expectation of privacy as to her IT Systems usage and should not use these systems for information the Employee wishes to keep private.
- 10 -
(4) Use of IT Systems in a manner that breaches the provisions of this Clause 9 or other policies related to IT Systems published by the Company from time to time may constitute a serious breach of discipline and may result in disciplinary action against the Employee including dismissal without notice or payment in lieu of notice.
Sec. 10 Non-Competition
Sec. 11 Intellectual Property
- 11 -
Sec. 12 Assignment and Pledge
The Employee is not entitled to assign, pledge or otherwise encumber any claims arising from this employment agreement without the prior consent of the Employer.
Sec. 13 Notice in Case of Sick Leave
Sec. 14 Expiry Clause,
Sec. 15 Use of Company Telecommunications and Data Processing Equipment
- 12 -
Sec. 16 Miscellaneous
- 13 -
27th November 2023
Name: Peter Platzer
Employee, for and on behalf of Spire Global Germany GmbH
____/s/ Peter Platzer______
Name: Theresa Condor Platzer
The Employee
______/s/ Theresa Condor______
- 14 -
ANNEX 1
Data protection information for Employees in accordance with Art. 13 and 14 GDPR
Data protection information for Employees according to Art. 13 and 14 GDPR
The protection of personal data are an important concern for Spire Global Germany GmbH, c/o Kunz Rechtsanwälte Partnerschaftsgesellschaft mbB, Antoniterstraße 14 – 16, 50667 Cologne, Germany ["Spire Global Germany" or "we"]. We process personal data exclusively in accordance with the legal requirements, in particular the EU General Data Protection Regulation ("GDPR") and the German Federal Data Protection Act ("BDSG"). This data protection notice for employees describes how we collect personal data from our employees, including the employee(s) ("You") in the course of their work at Spire, and what rights you have in this context.
The most important terms in advance:
"Personal data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person ( Art. 4 No. 1 GDPR) (hereinafter "Data").
"Processing" includes any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (Art. 4 No. 2 GDPR).
You can find the full text of the GDPR and the BDSG in the Internet.
For the processing of your personal data, Spire Global Germany is responsible under data protection law as the controller within the meaning of the GDPR.
You can contact Spire Global Germany at any time using the contact details below:
Name and legal form of employer: Spire Global Germany GmbH
Address: c/o Kunz Rechtsanwälte Partnerschaftsgesellschaft mbB, Antoniterstraße 14 – 16, 50667 Cologne, Germany
Telephone:
Fax:
Email:
Telephone
Email:
We collect personal data that you provide to us in connection with the establishment, performance and termination of your employment at Spire Global Germany, esp:
- 15 -
In addition, we collect data from you from the following sources:
We process your data for the purpose of your Employment relationship in particular for the purposes of
- 16 -
As a legal basis for processing for these purposes, we rely on the necessity of processing for the implementation or termination of your employment relationship (§ 26 para. 1 sentence 1 BDSG).
In addition, we process your data for purposes of safeguarding the legitimate interests of Spire Global Germany GmbH or third party to
As a legal basis for processing for these purposes, we rely on the necessity of processing to protect the above legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).
Furthermore, we process your data for the purpose of complying with our legal obligations, in particular for compliance with
As a legal basis for processing for these purposes, we rely on the necessity of the processing to comply with our respective legal obligations (Art. 6 para. 1 sentence 1 lit. c GDPR).
We process your data for the following purposes on the basis of any consent you may have given us Consent:
As a legal basis for processing for these purposes, we rely on your consent (Art. 6 para. 1 sentence 1 lit. a) GDPR, § 26 para. 2 BDSG). You may revoke any consent you have given at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
Insofar as, for the above-mentioned purposes, we special categories of personal data (within the meaning of Art. 9 (1) GDPR), in particular health data, we also rely on your consent (Art. 9 para. 2 lit. a GDPR) or the necessity of the processing
- 17 -
Within the framework of your employment relationship, it is necessary that you provide us with the data that we need to carry out or terminate the employment relationship, or to which we are legally obligated to collect or process, e.g. in tax and social security law, labor law or for the protection of our Employees (e.g. reporting obligation pursuant to § 28a para. 3 SGB IV, §§ 5 ff. DEÜV).
We do not use any procedures for automated decision-making.
We store your data only as long as it is necessary for the respective purposes of processing. As a matter of principle, we store your data processed for the purposes of implementing or terminating the employment relationship for as long as is necessary to complete the employment relationship. If storage of the data is no longer necessary for the fulfillment of contractual or legal obligations arising from employment law, social security law and social protection law, your data will be deleted, unless deletion is contrary to legal retention obligations or longer storage is necessary in the specific case for the fulfillment of other legal obligations or to protect our legitimate interests (e.g. assertion, exercise or defense of legal claims)..
Within our company, only those persons and offices receive your data that require it for the purposes outlined above, and only to the extent necessary for this purpose.
We only pass on your data to external recipients if this is necessary to achieve the above-mentioned purposes..
On the other hand, we also pass on your data to the extent described to external service providers (e.g. IT service providers, personnel service providers, legal advisors, tax advisors, auditors), business partners (e.g. travel agencies, hotels, airlines, and public authorities (e.g., tax authorities, social insurance agencies, pension insurance agencies, professional pension institutions) further.
A transfer to third parties that are not based in the European Union or the European Economic Area does not take place.
In accordance with the statutory provisions, you have the right:
- 18 -
You also have the right to object to processing of your data that is necessary to protect the legitimate interests of Spire Global Germany or third parties, for reasons arising from your particular situation, in accordance with the statutory provisions (right of objection pursuant to Article 21 para. 1 GDPR). If personal data is processed by us for the purpose of direct marketing, you have the right to object to this processing at any time without the need for special reasons (right of objection pursuant to Art. 21 para. 2 GDPR).
Insofar as the processing of your data is based on consent, you have the right to revoke your consent at any time without this affecting the lawfulness of the processing of your data carried out on the basis of the consent until revocation.
To exercise your rights, and to revoke any consent you may have given, please contact Spire Global Germany using the contact details listed in section 1. In addition, you have the right to file a complaint with a supervisory authority at any time, without prejudice to other legal remedies. The competent supervisory authority is in particular the Bavarian State Officer for Data Protection Matters, Wagmüllerstr. 18, 80538 Munich.
Please let us know if any of the information we hold about you changes so that we can correct and update the information on our systems.
You can request a copy of this data protection notice at any time by contacting us using the contact details provided in section 1 above. We will adapt and update this data protection notice from time to time.
- 19 -
ANNEXE 2
Declaration of commitment according to § 53 BDSG
Theresa Condor Platzer, residing at Stümpflingstrasse 4, 82031 Grünwald, Germany
Personnel number
Department, location: Employee, Munich
was committed today to the duties of confidentiality in connection with the respective employment contract activity as well as the processing of personal data in dealing with information technology.
Secrecy
You are obligated to maintain secrecy with regard to all information that becomes known to you in the course of or on account of your work and that is not in the public domain. In this respect, reference is made to the duty of confidentiality pursuant to Sec. 9 of the Service Agreement. Violations of the internal confidentiality regulations may be punished under civil law (in particular claims for injunctive relief and/or damages) and under criminal law.
Privacy
The relevant legal regulations also require that personal data be processed in such a way that the rights of the persons affected by the processing to confidentiality and integrity of their data are guaranteed.
Since you may come into contact with personal data in the course of your work, we hereby obligate you to observe data protection, in particular to maintain confidentiality.
Your obligation is comprehensive. You may not process personal data yourself without authorization and you may not disclose or make this data available to other persons without authorization.
You are therefore only permitted to process personal data to the extent and in the manner necessary to perform the tasks assigned to you. Under these regulations, you are prohibited from processing personal data in an unauthorized or unlawful manner or from intentionally or unintentionally violating the security of the processing in a manner that results in the destruction, loss, alteration, unauthorized disclosure or unauthorized access.
Your activity may affect social secrecy. If data is processed that is subject to social secrecy, you must keep it secret to the same extent as the original transmitting agency.
Under the GDPR, violations of data protection provisions and other criminal provisions may be punishable by imprisonment or a fine. Data protection violations can at the same time mean a violation of obligations under employment or service law and have corresponding consequences.
Data protection violations are also threatened with potentially very high fines for the company, which may lead to claims for compensation against you.
Your obligation continues without time limit and even after your employment ends.
- 20 -
The requirements for handling information technology with regard to information security must be complied with. The specifications can be found in the attached appendix.
Confirmation
I was expressly informed of the contractual confidentiality obligations. I have been informed about the obligation to maintain data secrecy and the resulting conduct. I have taken note of these obligations and the requirements for handling business secrets and information technology and am aware that a breach of these may have legal consequences.
Place, date Brussels, Belgium, November 29, 2023
___/s/ Theresa Condor______________
Mrs. Theresa Condor Platzer
- 21 -