Privacy Policy
Your privacy is important to us. Find out how we collect and manage your personal data.
Data Protection Declaration
1.1 We are pleased that you are visiting our website and thank you for your
interest. On the following pages, we inform you about the handling of your
personal data when using our website. Personal data is all data with which you
can be personally identified.
1.2 The controller in charge of data
processing on this website, within the meaning of the General Data Protection
Regulation (GDPR), is The Mobility House GmbH, St.-Cajetan-Str. 43, 81669
München, Deutschland, Tel.: +49 89 4161 430 10, E-Mail:
[email protected]. The
controller in charge of the processing of personal data is the natural or
legal person who alone or jointly with others determines the purposes and
means of the processing of personal data.
1.3 The controller has
designated a data protection officer for this website. He can be reached as
follows: "St.-Cajetan-Str. 43, 81669 München,
[email protected]"
1.4 This website uses SSL or TLS encryption for security reasons
and to protect the transmission of personal data and other confidential
content (e.g. orders or inquiries to the controller). You can recognize an
encrypted connection by the character string https:// and the lock symbol in
your browser line.
When using our website for information only, i.e. if you do not register or
otherwise provide us with information, we only collect data that your browser
transmits to our server (so-called "server log files"). When you visit our
website, we collect the following data that is technically necessary for us to
display the website to you:
- Our visited website
- Date and time at
the moment of access
- Amount of data sent in bytes
-
Source/reference from which you came to the page
- Browser used
-
Operating system used
- IP address used (if applicable: in anonymized
form)
Data processing is carried out in accordance with Art. 6 (1) point
f GDPR on the basis of our legitimate interest in improving the stability and
functionality of our website. The data will not be passed on or used in any
other way. However, we reserve the right to check the server log files
subsequently, if there are any concrete indications of illegal use.
In order to make your visit to our website attractive and to enable the use of
certain functions, we use so-called cookies on various pages. These are small
text files that are stored on your end device. Some of the cookies we use are
deleted after the end of the browser session, i.e. after closing your browser
(so-called session cookies). Other cookies remain on your terminal and enable
us or our partner companies (third-party cookies) to recognize your browser on
your next visit (persistent cookies). If cookies are set, they collect and
process specific user information such as browser and location data as well as
IP address values according to individual requirements. Persistent cookies are
automatically deleted after a specified period, which may vary depending on
the cookie. You can check the duration of the respective cookie storage in the
overview of the cookie settings of your web browser.
In some cases,
cookies are used to simplify the ordering process by saving settings (e.g.
remembering the content of a virtual shopping basket for a later visit to the
website). If personal data are also processed by individual cookies set by us,
the processing is carried out in accordance with Art. 6 (1) point b GDPR
either for the execution of the contract or in accordance with Art. 6 (1)
point f GDPR to safeguard our legitimate interests in the best possible
functionality of the website and a customer-friendly and effective design of
the page visit.
We work together with advertising partners who help us to
make our website more interesting for you. For this purpose, cookies from
partner companies are also stored on your hard drive when you visit our
website (third-party cookies). You will be informed individually and
separately about the use of such cookies and the scope of the information
collected in each case within the following sections.
Please note that
you can set your browser in such a way that you are informed about the setting
of cookies and you can decide individually about their acceptance or exclude
the acceptance of cookies for certain cases or generally. Each browser differs
in the way it manages the cookie settings. This is described in the help menu
of each browser, which explains how you can change your cookie settings. You
will find these for the respective browsers under the following links:
-
Internet Explorer:
https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Firefox:
https://www.mozilla.org/en-US/privacy/websites/#cookies
- Chrome:
https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
- Safari:
https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- Opera:
https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited
if cookies are not accepted.
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
Calendly
This website uses the software "Calendly" of the provider
Calendly, LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA to
provide an online appointment booking function.
For the purpose of
scheduling appointments, first name, surname and email address (and telephone
number if a telephone appointment is requested) are collected in accordance
with Art. 6 Para. 1 lit. b DSGVO and transmitted to Calendly in accordance
with Art. 6 para. 1 lit. f GPDR on the basis of our legitimate interest in
effective customer management and efficient appointment management and will be
stored there for the purpose of organizing appointments. This may also involve
data transfer to the servers of Calendly, LLC, in the USA.
After the
appointment has been held or after the agreed appointment period has expired,
your data will be deleted by Calendly. We have concluded an order processing
agreement with Calendly, in which we oblige Calendly to protect the data of
our customers in accordance with the legal requirements.
Details of
Calendly's data protection policy can be found here:
https://calendly.com/pages/privacy
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
Within the scope of the commentary function on this website, in addition to your comment, information on the time of writing the comment and the name of the commentator you have chosen is stored and published on the website. Furthermore, your IP address is logged and stored. This IP address is stored for security reasons, in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. We need your e-mail address to contact you if a third party should object to your published content as unlawful. The legal basis for the storage of your data is Art. 6 (1) point b and f GDPR. We reserve the right to delete comments if they are objected to as unlawful by third parties.
8.1 If you subscribe to our e-mail newsletter, we will send you regular
information about our offers. The only mandatory information for sending the
newsletter is your e-mail address. The indication of additional possible data
is voluntary and is used to allow us to address you personally. We use the
so-called double opt-in procedure for sending newsletters. This means that we
will not send you an e-mail newsletter, unless you have expressly confirmed to
us that you agree to the sending of such a newsletter. We will then send you a
confirmation e-mail asking you to confirm that you wish to receive future
newsletters by clicking on an appropriate link.
By activating the
confirmation link, you give us your consent to the use of your personal data
in accordance with Art. 6 (1) point a GDPR. When you register for the
newsletter, we store your IP address entered by the Internet Service Provider
(ISP) as well as the date and time of registration so that we can trace any
possible misuse of your e-mail address at a later time. The data collected by
us when you register for the newsletter will be used exclusively for the
purpose of advertising by means of the newsletter. You can unsubscribe from
the newsletter at any time via the link provided in the newsletter or by
sending a message to the responsible person named above. After your
cancellation, your e-mail address will immediately be deleted from our
newsletter distribution list, unless you have expressly consented to further
use of your data or we reserve the right to use data in excess thereof, which
is permitted by law and about which we inform you in this declaration.
8.2
If you have provided us with your e-mail address when purchasing products, we
reserve the right to regularly send you offers for products similar to those
already purchased by e-mail. Pursuant to Section 7 (3) German law against
unfair competition, we do not need to obtain separate consent from you. In
this respect, data processing is carried out solely on the basis of our
legitimate interest in personalized direct advertising pursuant to Art. 6 (1)
point f GDPR. If you have initially objected to the use of your e-mail address
for this purpose, we will not send you an e-mail. You are entitled to object
to the future use of your e-mail address for the aforementioned advertising
purpose at any time by notifying the controller named at the beginning of this
document. In this regard, you only have to pay the transmission costs
according to the basic tariffs. Upon receipt of your objection, the use of
your e-mail address for advertising purposes will cease immediately.
8.3
Our e-mail newsletters are sent via the technical service provider, The Rocket
Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000,
Atlanta, GA 30308, USA (https://mailchimp.com), to whom we pass on the data you provided when registering for the
newsletter. This disclosure is made in accordance with Art. 6 (1) point f GDPR
and serves our legitimate interest in the use of an effective, secure and
user-friendly newsletter system. Please note that your data is usually
transferred to a MailChimp server in the USA and stored there.
MailChimp
uses this information to send and statistically evaluate the newsletter on our
behalf. For evaluation purposes, the e-mails sent contain so-called web
beacons or tracking pixels, which represent single-pixel image files stored on
our website. This allows us to determine whether a newsletter message has been
opened and which links have been clicked on. In addition, technical
information is recorded (e.g. time of retrieval, IP address, browser type and
operating system). The data is raised exclusively in a pseudonymized format
and is not linked with other personal data from you. A direct personal
relationship is excluded. This data is used exclusively for statistical
analysis of newsletter campaigns. The results of these analyses can be used to
better adapt future newsletters to the interests of the recipients.
If
you wish to object to the data analysis for statistical evaluation purposes,
you must unsubscribe from the newsletter.
Furthermore, MailChimp can use
this data according to Art. 6 (1) point f GDPR even on the basis of its own
legitimate interest in the demand-oriented design and optimization of the
service as well as for market research purposes, for example to determine from
which countries recipients come. However, MailChimp does not use the data of
our newsletter recipients to address those recipients or pass that data on to
third parties.
To protect your data in the USA, we have concluded a data
processing agreement ("Data-Processing-Agreement") with MailChimp on the basis
of the standard contractual clauses of the European Commission to enable the
transmission of your personal data to MailChimp. If you are interested in
viewing this data processing agreement, you can do so at the following
Internet link:
https://mailchimp.com/legal/data-processing-addendum/
MailChimp's
privacy policy can be viewed at:
https://mailchimp.com/legal/privacy/
9.1 Insofar as necessary for the processing of the contract for delivery and
payment purposes, the personal data collected by us will be passed on to the
commissioned transport company and the commissioned credit institution in
accordance with Art. 6 (1) lit. b GDPR.
If we owe you updates for goods
with digital elements or for digital products on the basis of a corresponding
contract, we will process the contact data (name, address, e-mail address)
provided by you when placing the order in order to inform you personally by
suitable means of communication (e.g. by post or e-mail) about upcoming
updates within the legally stipulated period of time within the framework of
our statutory duty to inform pursuant to Art. 6 (1) lit. c GDPR. Your contact
details will be used strictly for the purpose of informing you about updates
owed by us and will only be processed by us for this purpose to the extent
necessary for the respective information.
In order to process your order,
we also work together with the following service provider(s), who support us
in whole or in part in the execution of concluded contracts. Certain personal
data is transmitted to these service providers in accordance with the
following information.
9.2 We work with external shipping partners
to fulfill our contractual obligations to our customers. We pass on your name
as well as your delivery address exclusively for the purpose of delivering
goods to a shipping partner selected by us, pursuant to Art. 6 (1) point b
GDPR.
9.3 Use of Payment Service Providers
- BS PAYONE
If
you decide on a payment method of the payment service provider BS PAYONE,
payment is processed by the payment service provider BS PAYONE GmbH, Lyoner
Straße 9, 60528 Frankfurt/Main, to whom we pass on your information provided
during the order process together with the information about your order in
accordance with Art. 6 (1) point b GDPR. Your data will only be passed on for
the purpose of payment processing with the payment service provider PAYONE and
only to the extent necessary.
- Paypal
When you pay via
PayPal, credit card via PayPal, direct debit via PayPal or - if offered -
"purchase on account" or "payment by instalments" via PayPal, we transmit your
payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in
accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary
for payment processing.
PayPal reserves the right to carry out credit
checks for the payment methods credit card via PayPal, direct debit via PayPal
or, if offered, "purchase on account" or "payment by installments" via PayPal.
For this purpose, your payment data may be passed on to credit agencies on the
basis of PayPal's legitimate interest in determining your solvency pursuant to
Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment in
relation to the statistical probability of non-payment for the purpose of
deciding on the provision of the respective payment method. The credit report
can contain probability values (so-called score values). If score values are
included in the result of the credit report, they are based on recognized
scientific, mathematical-statistical methods. The calculation of the score
values includes, but is not limited to, address data. For further information
on data protection law, including the credit agencies used, please refer to
PayPal's data protection declaration at:
https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a
message to PayPal. However, PayPal may still be entitled to process your
personal data if this is necessary for contractual payment processing.
9.4
Processing of Data for the Purpose of Order Handling
- Creditreform
Boniversum
Should we make advance payments (e.g. delivery on account), we
reserve the right to carry out a credit assessment on the basis of
mathematical-statistical procedures in order to maintain our legitimate
interest in determining the solvency of our customers. We transfer the
personal data necessary for a credit assessment to the following service
provider in accordance with Art. 6 (1) point f GDPR:
Creditreform
Boniversum GmbH
Hammfelddamm 13
41460 Neuss
The credit report
can contain probability values (so-called score values). If score values are
included in the result of the credit report, they are based on recognized
scientific mathematical-statistical methods. The calculation of the score
values includes, but is not limited to, address data. We use the result of the
credit assessment regarding the statistical probability of non-payment for a
balanced decision on the establishment, implementation or termination of the
contractual relationship.
You can object to this processing of your data
at any time by sending a message to the controller responsible for data
processing or to the aforementioned credit agency. However, we may still be
entitled to process your personal data if this is necessary for contractual
payment processing.
- Trusted Shops Trustbadge
The Trusted Shops Trustbadge is included on
this website to display our Trusted Shops seal of approval and to offer
Trusted Shops membership to buyers after placing an order.
In this way,
our legitimate interests in an optimal marketing of our offer are protected,
within the meaning of Art. 6 (1) point f GDPR. The Trustbadge and the services
advertised with it are a service of Trusted Shops GmbH, Subbelrather Str. 15C,
50823 Cologne.
When the trust badge is called up, the web server
automatically stores a so-called server log file, which contains e.g. your IP
address, date and time of the call, transferred data volume, the requesting
provider (access data), and it documents the call. This access data is not
evaluated and is automatically overwritten at the latest seven days after the
end of your page visit.
Further personal data will only be transferred to
Trusted Shops if you decide to use Trusted Shops products after completing an
order or if you have already registered for use. In this case, the contractual
agreement between you and Trusted Shops applies.
Facebook as Standard Plugin
Our website uses so-called social plugins
("plugins") of the social network Facebook operated by Facebook Ireland
Limited, 4 Grand Canal Quay, Square, Dublin 2, Ireland ("Facebook"). The
plugins are labeled with a Facebook logo or the addition "Facebook Social
Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and
their appearance can be found at:
https://developers.facebook.com/docs/plugins
If you access a page of our website that contains such a plugin,
your browser establishes a direct connection to the servers of Facebook. The
content of the plugin is directly sent from Facebook to your browser and
integrated into the page. Through this integration, Facebook receives the
information that your browser has accessed the corresponding page of our
website, even if you do not have a Facebook profile or are not currently
logged in to Facebook. This information (including your IP address) is
transmitted directly from your browser to a server of Facebook in the USA and
stored there.
If you are logged in to Facebook, Facebook can immediately
associate your visit to our website with your Facebook profile. If you
interact with the plugins, for example by clicking the "I like" button or by
submitting a comment, this information is also transmitted directly to a
Facebook server and stored there. The information is also published on your
Facebook profile and signaled to your Facebook friends.
The described
data processing processes take place in accordance with Art. 6 (1) point f
GDPR, on the basis of Facebook's legitimate interests in the insertion of
personalized advertising for the purpose of informing other users of the
social network about your activities on our website and for the purpose of
demand-oriented design of the service.
If you do not want Facebook to
associate the information collected through our website directly with your
Facebook profile, you must log out of Facebook before you visit our website.
You can also prevent the loading of the Facebook plugins and thus the data
processing procedures described above with add-ons for your browser for the
future, e.g. with the script blocker "NoScript"
https://noscript.net/.
The purpose and scope of the data collection and the further processing and
use of the data by Facebook, as well as your rights and setting options for
the protection of your privacy, can be found in the Facebook data protection
declaration at:
https://www.facebook.com/policy.php
Use of YouTube Videos
This website uses the YouTube embedding function
for display and playback of videos offered by the provider YouTube, which
belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04
ESW5, Ireland ("Google").
To this end, the extended data protection mode
is used to ensure, according to provider information, that user information
will only be stored once the playback function of the video is started. When
the playback of embedded YouTube videos is started, the provider sets
"YouTube" cookies in order to collect information about user behavior.
According to indications from YouTube, the use of those cookies is intended,
among other things, to record video statistics, to improve user-friendliness
and to avoid improper actions. If you are logged in to Google, your
information will be directly associated with your account when you click on a
video. If you do not wish to be associated with your profile on YouTube, you
must log out before activating the button. Google saves your data (even for
users who are not logged in) as usage profiles and evaluates them. Such an
evaluation takes place in particular according to Art. 6 (1) point f GDPR, on
the basis of the legitimate interests of Google in the insertion of
personalized advertising, market research and/or demand-oriented design of its
website. You have the right to object to the creation of these user profiles,
whereby you must contact YouTube to exercise this right. When using YouTube,
personal data may also be transmitted to the servers of Google LLC. in the
USA.
Regardless of whether the embedded video is played back, a
connection to the Google network "double click" is established when visiting
this website. This may trigger further data processing beyond our control.
Further
information on YouTube's privacy policy can be found in the provider's data
protection declaration at:
www.google.com/policies/privacy/.
To the
extent required by law, we have obtained your consent to the processing of
your data as described in accordance with Art. 6 (1) point a GDPR. You can
withdraw your consent at any time with effect for the future. In order to
exercise your right of withdrawal, please follow the procedure described
above.
13.1 billiger.de Sales Tracking
This
website uses billiger.de Sales Tracking, a
tracking technology operated by solute.de GmbH,
Zeppelinstraße 15, D-76185 Karlsruhe, Germany (“billiger.de”), to track and evaluate certain user actions that were carried out on our
website after being forwarded by
billiger.de.
For this purpose, a
JavaScript-based tracking pixel is implemented in our order confirmation pages
that can track user actions as a one-pixel file through interaction with
billiger.de.
The tracking pixel
establishes a connection between a user's click on an ad (touch point) placed
on “billiger.de” and a completed order on our
website. When an order is finalized, your browser sends an HTTP request to the
billiger.de server via the tracking pixel,
which transmits certain information.
This information includes the IP
address of the end device (this IP address is anonymized by
billiger.de before it is stored), the HTTP
header (data package with various technical information automatically
transmitted by your browser) and the date of the request. In addition, the
order number and shopping cart value of your order are also transmitted and
stored by “billiger.de”. This information is
only recorded and transmitted to and stored by “billiger.de” if an order is actually placed after “billiger.de” has forwarded it to our website.
In the event that personal data is
transferred to billiger.de, this is done in
accordance with Art. 6 (1) point f GDPR on the basis of our legitimate
interest in the statistical evaluation of the effectiveness of product ads on
billiger.de and the purchasing behavior of
users, thus serving to optimize our online offering.
If you do not wish
the described information to be transmitted to “billiger.de” in the future, you can only prevent this by deactivating the use of
JavaScript in your browser. Alternatively, you can prevent the use of
Java-Script code by installing a Java-Script blocker (e.g.
https://noscript.net/ or
https://www.ghostery.com). In this
case, however, it is very likely that you will not be able to use all
functions of the website to their full extent.
To the extent required by
law, we have obtained your consent to the processing of your data as described
in accordance with Art. 6 (1) point a GDPR. You can withdraw your consent at
any time with effect for the future. In order to exercise your right of
withdrawal, please follow the procedure described above.
13.2
Google Ads Conversion Tracking
This website uses the online advertising
program "Google Ads" and the conversion tracking within the framework of
Google Ads, operated by Google Ireland Limited, Gordon House, 4 Barrow St,
Dublin, D04 ESW5, Ireland ("Google"). We use the program of Google Ads to draw
attention to our attractive offers with the help of advertising materials
(so-called Google Adwords) on external websites. We can determine, in relation
to the advertising campaigns data, how successful the individual advertising
measures are. We are interested in showing you advertisements that are of
interest to you. We want to make our website more interesting for you and to
achieve a fair calculation of advertising costs.
The conversion tracking
cookie is set on a user’s browser, if he clicks on an ad delivered by Google.
Cookies are small text files that are stored on your computer system. These
cookies usually lose their validity after 30 days and are not used for
personal identification. If the user visits a certain page of this website and
if the cookie has not yet expired, Google and we will be able to recognize
that the user clicked on the ad and was forwarded to this page. Each Google
Ads customer gets a different cookie. Thus, cookies cannot be traced via the
website of Google Ads customers. The information collected by the conversion
cookies is used to provide aggregate conversion statistics to Google Ads
customers who have opted-in for conversion tracking. Customers are informed
about the total number of users who clicked on the ad and were forwarded to a
conversion tracking tag page. However, they do not get any information
enabling them to identify users personally.
Details on the processing
operations initiated and on Google's handling of data collected from websites
can be found here:
https://policies.google.com/technologies/partner-sites?hl=en
If you do not want to participate in the tracking program, you can refuse the
use of this program by deactivating the Google Conversion Tracking cookie via
your Internet browser through the user settings. In this case, you will not be
included in the conversion tracking statistics. We use Google Ads on the basis
of our legitimate interest in targeted advertising in accordance with Art. 6
(1) point f GDPR. When using Google Ads, personal data may also be transmitted
to the servers of Google LLC. in the USA.
For more information about
Google's privacy policy, please visit:
https://privacy.google.com/intl/en-GB/take-control.html?categories_activeEl=sign-in
You can permanently deactivate cookies for advertising preferences by
blocking them via a respective setting of your browser software or by
downloading and installing the browser plug-in, available under the following
link:
https://support.google.com/ads/answer/7395996
Please note that certain functions of this website may not be
used, or may be used only to a limited extent, if you have deactivated the use
of cookies.
To the extent required by law, we have obtained your consent
to the processing of your data as described in accordance with Art. 6 (1)
point a GDPR. You can withdraw your consent at any time with effect for the
future. In order to exercise your right of withdrawal, please follow the
procedure described above.
13.3 Use of Afiliate Programs
-
AWIN Performance Advertising Network
We participate in the Performance
Advertising Network of AWIN AG, Eichhornstraße 3, 10785 Berlin (hereinafter
"AWIN"). Within the scope of its tracking services, AWIN stores cookies to
document transactions (e.g. leads and sales) on end devices of users who visit
or use websites or other online offers of its customers (e.g. register for a
newsletter or place an order in an online shop). These cookies are used solely
for the purpose of correctly allocating the success of an advertising medium
and the corresponding billing within its network.
A cookie only contains
information about the time when a particular advertising medium was clicked on
by a terminal device. The AWIN tracking cookies contain an individual sequence
of digits which cannot be assigned to the individual user and which documents
the affiliate program of an advertiser, the publisher, and the time of the
user's action (click or view). AWIN also collects information about the mobile
device from which a transaction is executed, e.g. the operating system and the
calling browser. If the information also contains personal data, the described
processing is carried out on the basis of our legitimate financial interest in
the processing of commission payments with AWIN pursuant to Art. 6 (1) point f
GDPR.
If you do not wish cookies to be stored in your browser, you can do
this by setting your browser accordingly. You can deactivate the storage of
cookies in your respective browser under tools/internet options, limit them to
certain websites or set your browser so that it notifies you as soon as a
cookie is sent. Please note, however, that in this case you must expect a
limited display of online offers and limited user guidance. You can also
delete cookies at any time. In this case, the information stored in it is
removed from your mobile device.
For more information on AWIN's use of
data, please refer to the company's privacy policy:
https://www.awin.com/gb/legal/privacy-policy.
To the
extent required by law, we have obtained your consent to the processing of
your data as described in accordance with Art. 6 (1) point a GDPR. You can
withdraw your consent at any time with effect for the future. In order to
exercise your right of withdrawal, please follow the procedure described
above.
14.1 Google (Universal) Analytics
This website uses Google (Universal)
Analytics, a web analytics service provided by Google Ireland Limited, Gordon
House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal)
Analytics uses "cookies", which are text files placed on your computer, to
help the website analyze how users use the site. The information generated by
the cookie about your use of this website (including the abbreviated IP
address) is usually transferred to a Google server and stored there, and may
also be transferred to the servers of Google LLC. in the USA.
This
website uses Google (Universal) Analytics exclusively with the extension
"_anonymizeIp()", which ensures anonymization of the IP address by shortening
it and excludes the possibility of direct personal reference. Through the
extension, your IP address will be shortened by Google within member states of
the European Union or in other signatory states of the Agreement on the
European Economic Area before. Only in exceptional cases will the full IP
address be transferred to a server of Google LLC. in the USA and shortened
there. On our behalf, Google will use this information to evaluate your use of
the website, to compile reports on the website activities and to provide us
with further services related to the use of the website and the Internet. The
IP address transmitted by your browser within the framework of Google
(Universal) Analytics is not combined with other Google data.
Via a
special function called "Demographics", Google Analytics also enables the
compilation of statistics with statements about the age, gender and interests
of site visitors based on an evaluation of interest-related advertising and
with the use of third-party information. This allows the definition and
differentiation of user groups of the website for the purpose of
target-group-optimized marketing measures. However, data sets collected via
"Demographics" cannot be assigned to a specific person.
Details on the
processing operations initiated and on Google's handling of data collected
from websites can be found here:
https://policies.google.com/technologies/partner-sites?hl=en
All
the processing described above, in particular the setting of Google Analytics
cookies for reading information on the terminal device used, is only carried
out if you have given us your express consent in accordance with Art. 6 Para.
1 letter a GDPR. Without this consent, the use of Google Analytics during your
visit to our website will not take place.
You can withdraw your consent
at any time with effect for the future. To exercise your right of withdrawal
of consent, please deactivate this service in the "Cookie-Consent-Tool"
provided on the website. We have concluded a data processing agreement with
Google for the use of Google Analytics, which obliges Google to protect the
data of our site visitors and not to pass it on to third parties.
For the
transmission of data from the EU to the USA, Google relies on so-called
standard data protection clauses of the European Commission, which are
intended to ensure compliance with the European data protection level in the
USA.
Further information about Google (Universal) Analytics can be found
here:
https://policies.google.com/privacy?hl=en&gl=en
14.2 Hotjar
This website uses the Hotjar web analysis
service of Hotjar Ltd. Hotjar Ltd. is a European company based in Malta
(Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St
Julians STJ 1000, Malta, Europe Tel.: +1 (855) 464-6788).
This tool
enables us to retrace movements on our website, on which Hotjar is deployed
(so-called heatmaps). For example, it explains how far users scroll and which
buttons they click and how often. Furthermore, it is possible, when using this
tool, to get feedback directly from our website users.
In this way, We
are provided with valuable information to make our websites even faster and
more customer-friendly. The above analysis is carried out on the basis of our
legitimate interests in optimization and marketing purposes and in
interest-based design of our website in accordance with art. 6 (1) point f
GDPR. We pay particular attention to the protection of your personal data when
using this tool. Therefore, we only can retrace which buttons you click and
how far you scroll. Areas of sites that may contain personal information about
you or third parties are automatically hidden by Hotjar and cannot be retraced
at any time.
With the help of a "Do Not Track Headers", Hotjar gives
every user the opportunity to prevent the Hotjar tool from being used, so that
no data about the visit of the respective website is recorded. It is a setting
that all common browsers in up-dated versions support. To this end, your
browser sends a request to Hotjar, demanding the tracking of the respective
user to be deactivated. If you visit our website with different
browsers/computers, you must use the "Do Not Track Header" for each
browser/computer separately.
For more detailed instructions and
information about your browser, please refer to:
https://www.hotjar.com/opt-out.
For
more information about Hotjar Ltd. and the Hotjar tool, please refer to:
https://www.hotjar.com
The
privacy policy of Hotjar Ltd. can be found at:
https://www.hotjar.com/privacy
To the extent required by law, we have obtained your consent to
the processing of your data as described in accordance with Art. 6 (1) point a
GDPR. You can withdraw your consent at any time with effect for the future. In
order to exercise your right of withdrawal, please follow the procedure
described above.
Criteo (Criteo SA)
This website uses the technology of Criteo SA, 32 Rue
Blanche, 75009 Paris, France ("Criteo"), to collect, store and evaluate
information about the surfing behavior of website visitors in pseudonymized
form using cookie text files. This is done on the basis of our legitimate
interest in the insertion of personalized advertising pursuant to Art. 6 (1)
point f GDPR. Criteo analyses the navigation behavior with the help of
algorithms and is subsequently able to display product recommendations in form
of personalized advertising banners on other websites (so-called publishers).
Under no circumstances will those data be used to personally identify the
visitor to this website. No other use or disclosure to third parties is
envisaged.
If you want to object to the collection of data and the
creation of pseudonymized user profiles for the future, you can obtain the
following so-called opt-out cookie: Criteo Exercise (https://www.criteo.com/fr/privacy/)
For
more information about Criteo's technology, please view Criteo's Privacy
Policy at:
https://www.criteo.com/privacy/
To
the extent required by law, we have obtained your consent to the processing of
your data as described in accordance with Art. 6 (1) point a GDPR. You can
withdraw your consent at any time with effect for the future. In order to
exercise your right of withdrawal, please follow the procedure described
above.
Google Ads Remarketing
Our website uses the functions
of Google Ads Remarketing, which enable us to advertise our website in Google
search results, as well as on third-party websites. The provider is Google
Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
("Google"). To this end, Google places a cookie in the browser of your
terminal device, which automatically uses a pseudonymous cookie ID on the
basis of pages you visited to allow interest-based advertising. Processing is
based on our legitimate interest in the optimal marketing of our website in
accordance with Art. 6 (1) point f GDPR.
Any additional processing will
only take place if you have agreed with Google that your Google Internet and
app browsing history will be linked to your Google Account and information
from your Google Account will be used for personalized ads you view on the
web. If you are logged in to Google while visiting our website, Google will
use your data in connection with Google Analytics data to create and define
target group lists for cross-device remarketing. To this end, Google
temporarily links your personal data with Google Analytics data to create
target groups. When using Google Ads, personal data may also be transmitted to
the servers of Google LLC. in the USA.
Details on the processing
operations initiated and on Google's handling of data collected from websites
can be found here:
https://policies.google.com/technologies/partner-sites?hl=en
You can permanently disable the setting of cookies for
advertising preferences. You may download and install the browser plug-in
available at the following link:
https://www.google.com/settings/ads/onweb/
Alternatively, you can contact the Digital Advertising Alliance
at www.aboutads.info to find out how to
set cookies and to make the relevant settings. Finally, you can set your
browser so that you are informed about the setting of cookies and decide
individually whether to accept them, or whether to exclude the acceptance of
cookies for certain cases or in general. If cookies are not accepted, the
functionality of our website may be limited.
Further information and
Google's privacy policy regarding advertising can be viewed at:
http://www.google.com/policies/technologies/ads/
To the extent required by law, we have obtained your consent to
the processing of your data as described in accordance with Art. 6 (1) point a
GDPR. You can withdraw your consent at any time with effect for the future. In
order to exercise your right of withdrawal, please follow the procedure
described above.
16.1 Google reCAPTCHA
On this website we also use the reCAPTCHA function
of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5,
Ireland ("Google"). This function is mainly used to distinguish whether an
entry is made by a natural person or misused by automatic and automated
processing. The service includes the sending of the IP address and possibly
other data required by Google for the reCAPTCHA service to Google and is
carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our
legitimate interest in determining the individual willingness of actions on
the Internet and avoiding misuse and spam.
Further information about
Google reCAPTCHA and Google's privacy policy can be found at:
https://policies.google.com/privacy?hl=en-GB
16.2
Applications for job advertisements by e-mail
On our website, we
advertise current vacancies in a separate section, for which interested
parties can apply by e-mail using the contact address provided.
If
applicants want to be included in the application process, they must provide
us with all personal details required for a well-founded and informed
assessment and selection in conjunction with their application by e-mail.
The
required data should include general personal information (name, address,
telephone or electronic contact) as well as performance-specific evidence
showing the qualifications required for the advertised position. In addition,
health-related information may be required, which in the interest of social
protection must be given special attention to regarding the applicant's person
according to labor and social law.
The components an application must
contain to be considered and the form in which these components must be sent
by e-mail can be found in the respective job advertisement.
After receipt
of the application sent using the e-mail contact address supplied, the
applicant data will be stored by us and evaluated exclusively for the purpose
of processing the application. In the event of queries arising in the course
of processing the application, we will use either the e-mail address supplied
by the applicant with his application or a telephone number supplied, at our
discretion.
The legal basis for such processing, including the contacting
of applicants for queries, is basically Art. 6 (1) point b GDPR in conjunction
with Art. 26 (1) Federal Data Protection Act. According to these provisions,
the completion of the application procedure is deemed to be the initiation of
an employment contract.
If special categories of personal data within the
meaning of Art. 9 (1) GDPR (e.g. health data such as information on severely
disabled status) are requested from applicants as part of the application
procedure, processing will take place in accordance with Art. 9 (2) point b
GDPR, so as to enable us to exercise the rights arising from labor law, social
security and social protection law and to fulfil our obligations in this
regard.
The processing of special categories of data may also be based
cumulatively or alternatively on Art. 9 (1) point h GDPR if it is used for the
purposes of health care or occupational medicine, for the assessment of the
applicant's ability to work, for medical diagnostics, health or social care or
for the management of systems and services in the health or social sector.
If,
in the course of the evaluation described above, the applicant is not selected
or if an applicant withdraws his application prematurely, his data transmitted
by e-mail as well as all electronic correspondence including the original
application e-mail will be deleted at the latest after 6 months following a
corresponding notification. This period shall be determined on the basis of
our legitimate interest in being able to answer any follow-up questions
regarding the application and, if necessary, to comply with our obligation to
provide evidence under the regulations governing the equal treatment of
applicants.
In the event of a successful application, the data provided
will be processed on the basis of Art. 6 (1) point b GDPR in conjunction with
Art. 26 (2) Federal Data Protection Act for the purposes of implementing the
employment relationship.
16.3 Trusted Shops Trustbadge
The
Trusted Shops Trustbadge is included on this website to display our Trusted
Shops seal of approval and to offer Trusted Shops membership to buyers after
placing an order.
In this way, our legitimate interests in an optimal
marketing of our offer are protected, within the meaning of Art. 6 (1) point f
GDPR. The Trustbadge and the services advertised with it are a service of
Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne.
When the trust
badge is called up, the web server automatically stores a so-called server log
file, which contains e.g. your IP address, date and time of the call,
transferred data volume, the requesting provider (access data), and it
documents the call. This access data is not evaluated and is automatically
overwritten at the latest seven days after the end of your page visit.
Further
personal data will only be transferred to Trusted Shops if you decide to use
Trusted Shops products after completing an order or if you have already
registered for use. In this case, the contractual agreement between you and
Trusted Shops applies.
16.4 - Microsoft Teams
We use the
"Microsoft Teams " service of Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052-6399 USA (hereinafter "Microsoft Teams") to conduct online
meetings, video conferences and/or webinars.
When using Microsoft Teams,
different data will be processed. The extend of the processed data depends on
the data you provide before or during your participation in an online meeting,
video conference or webinar. When using Microsoft Teams, data of the
communication participants is processed and stored on Microsoft Teams servers.
This data may include your login data (name, email address, phone (optional)
and password) and meeting data (topic, participant IP address, device
information, description (optional)). In addition, visual and auditory
contributions of the participants as well as voice inputs in chats may be
processed.
When processing personal data that is necessary for the
performance of a contract with you (this also applies to processing operations
that are necessary for the implementation of pre-contractual measures), Art. 6
(1) lit. b GDPR constitutes the legal basis. If you have given us your consent
for the processing of your data, the processing will be carried out based on
Art. 6 (1) a GDPR. Consent granted can be revoked at any time with effect for
the future.
Otherwise, the legal basis for data processing when
conducting online meetings, videoconferences or webinars is our legitimate
interest pursuant to Art. 6 (1) lit. f GDPR in the effective conduct of the
online meeting, webinar or videoconference. For more information on data use
by Microsoft Teams, please see the Microsoft Teams privacy policy at
https://privacy.microsoft.com/de-de/privacystatement.
- Zoom
We use the Zoom service of Zoom Video
Communications Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA
(hereinafter "Zoom") to conduct online meetings, video conferences and/or
webinars.
When using Zoom, different data will be processed. The extend
of the processed data depends on the data you provide before or during your
participation in an online meeting, video conference or webinar. When using
Zoom, data of the communication participants is processed and stored on Zoom
servers. This data may include your registration data (name, e-mail address,
telephone (optional) and password) and meeting data (topic, participant IP
address, device information, description (optional)). In addition, visual and
audio contributions of the participants, as well as voice inputs can be
processed in chats.
When processing personal data necessary for the
performance of a contract with you (this also applies to processing operations
which are necessary for the performance of pre-contractual measures), Art. 6
(1) point b GDPR constitutes the legal basis. If you have given us your
consent for the processing of your data, the processing will be carried out
based on Art. 6 (1) point a GDPR. Consent granted can be revoked at any time
with effect for the future.
Otherwise, the legal basis for the processing
of data when conducting online meetings, videoconferences or webinars is our
legitimate interest pursuant to Art. 6 (1) point f GDPR in the effective
conduct of online meetings, webinars or videoconferences.
For more
information about Zoom's use of data, please refer to Zoom's privacy policy at
https://zoom.us/docs/de-de/privacy-and-legal.html
I. Subject matter and term of the agreement
If you use one of our
services (ChargePilot, @home billing service, @work billing service), we or
subcontractors commissioned by us shall collect, process and use personal data
on your behalf. We hereby undertake to comply for the duration of the
contractual relationship with the provisions of the German Data Protection Act
(BSDG) and the EU General Data Protection Regulation (GDPR), particularly with
Articles 5ff., 26ff. and 44ff. GDPR.
This agreement with regard to the
services is concluded for an unlimited term and may be terminated by either
party in accordance with the notice period specified in the Terms and
Conditions and with effect from its expiry date. This shall not affect the
possibility of terminating the agreement without notice.
II.
Specifying the content of the order
The scope, type and purpose of our
collection, processing and/or use of personal data are specifically described
in the Terms and Conditions. The same applies to the type of personal data
used as well as the data subjects for the handling of personal data within the
scope of the order.
1 Type of data
• General personal data
•
Communication data (e.g. telephone number or e-mail address)
• General
contract data (contract designations, interest in products or contracts)
•
Customer history
• Contract billing and payment data
• Planning and
control data
• Information obtained (from third parties or public
directories)
2 Data subjects
The data subjects for the
handling of personal data within the framework of this agreement include in
particular:
• Customers
• Interested parties
• Employees
•
Subcontractors and suppliers
The data shall be processed and used
exclusively within the territory of the Federal Republic of Germany, in a
member state of the European Union, in another contracting party to the
Agreement on the European Economic Area (EEA) or with partners that, if they
are not a member of the EEA, are contractually obliged to comply with the
relevant laws and are regularly instructed and monitored by us in this regard
to verify that they are complying with the contractual and statutory
regulations so that the specific requirements of Art. 27ff., 44, 46ff. and 49
GDPR are met.
III. Technical and organisational measures
We
guarantee the same processes and the same technical and organisational
security measures to protect personal data when carrying out the order as we
envisage for our own processes and our own processing.
On the whole, the
measures to be taken (cf. in particular Art. 5, 24f., 32 and 35 GDPR) are
non-order-specific measures regarding
• Organisational control
•
Physical access control
• Equipment access control
• Data access
control
• Transfer control
• Processing control
• Availability
control and
• Separability
The technical and organisational
measures are subject to advances in technology and further development. In
this respect, we are entitled to implement alternative adequate measures.
However, such measures must guarantee at least the same level of security as
the measures agreed. Significant changes are to be documented. Upon request,
we will provide you with the information in accordance with Sections 6, 7, 22
Para. 2 and 38 BDSG and Art. 32, 37ff. GDPR in exchange for a fee.
Collecting
and using non-personal data:
We also collect data in a way that, in
itself, does not allow a direct link to be made to a particular person. We may
collect, use, pass on or disclose non-personal data for any purpose. Below are
some examples of non-personal data that we collect and how we may use it:
•
We collect data such as, in particular, language, postal code, dialling code,
individual device identifiers, charging times and charging power as well as
the location and time zone in which TMH products and services are used so we
can better understand our customers’ behaviour and improve our products,
services and advertising.
• We collect data about customer activity on
our website and for our other products and services. This information is
pooled (aggregated) and used as an aid to give our customers more useful
information and to understand which parts of our website, products and
services are of interest to our customers and how we can continue to improve
them. This pooled information is considered non-personal information for the
purposes of this privacy policy.
• We may potentially collect and store
more detailed information about how you use our products and services. This
information enables us to improve our products and services.
If we link
non-personal data to personal data, this linked data will be treated as
personal data for as long as it remains linked.
IV. Rectification,
blocking and erasure of data
We are only obliged to rectify, erase and/or
block the data that we process if instructed to do so by you as our client. If
a data subject contacts us directly to have their data rectified or erased, we
will pass this request on to you immediately.
V. Controls and other
obligations on the part of TMH
In addition to complying with the
provisions of this agreement, we have the following obligations in accordance
with Art. 5, 28, 29 and 32 GDPR:
• Insofar as the law requires,
appointing a data protection officer in writing who is capable of carrying out
their duties in accordance with Sections 5f. BDSG and Art. 37ff. GDPR. Their
contact details are to be shared with the client for the purposes of direct
contact.
• Adhering to data secrecy requirements pursuant to Art. 5f. and
29 GDPR. Everyone who can access your personal data in accordance with the
order must be required to observe data secrecy and be instructed in the
specific data protection obligations resulting from this order and in their
duty to follow instructions and observe the purpose limitation.
•
Implementing and complying with all the technical and organisational measures
required for this order in accordance with Art. 25, 32 and 35 GDPR.
•
Notifying you immediately of any control activities and measures instigated by
the supervisory authority in accordance with Sections 8ff. BDSG and Art. 51ff.
GDPR.
• This also applies insofar as a competent authority conducts an
investigation on our premises in accordance with Sections 41ff. BDSG and Art.
83f. GDPR.
• Performing processing control by means of regular audits on
our part with regard to contract performance or fulfillment, in particular
compliance with and any necessary amendment to regulations and measures to
perform the contract.
VI. Subcontract relationships
We reserve
the right to work with subcontractors for processing purposes. In doing so, we
ensure that the contractual agreements with the subcontractor(s) are worded to
comply with the data protection provisions in the contractual relationship
between you and us.
If work is subcontracted, you are to be granted
control and monitoring rights vis-à-vis the subcontractor in accordance with
this agreement and Art. 24, 25 and 32 GDPR.
VII. Client’s control
rights
You have the right to perform the processing control stipulated in
Art. 24, 25 and 32 GDPR in consultation with us or have it performed by
auditors to be designated on a case-by-case basis. We undertake to provide you
on request with the information required to comply with our obligation to
perform processing control and to make the appropriate evidence available.
Regarding
our control obligations in accordance with Art. 5f., 28 and 29 GDPR before
data processing begins and during the term of the order, we shall ensure that
you are able to confirm for yourself that the technical and organisational
measures agreed have been complied with.
VIII. Notification in the
event of violations by TMH
Violations of regulations governing the
protection of personal data or of the stipulations made in the order must be
reported to you without delay.
It is recognised that, in accordance with
Section 33 BDSG and/or Art. 33f. GDPR, the loss or unlawful transfer or
acquisition of personal data may give rise to notification obligations. Such
incidents must be reported to you without delay regardless of the cause. This
also applies in the event of serious disruptions to operations, if other
violations of regulations governing the protection of personal data are
suspected or if there are other irregularities in the handling of your
personal data.
IX. Client’s authority to issue instructions
The
data is handled exclusively within the scope of the agreements concluded and
in accordance with your instructions (Art. 28, 29 GDPR). You reserve the
comprehensive right to give instructions on the type, scope and procedure of
data processing within the scope of the order description established in this
agreement and are entitled to enforce this right more specifically by issuing
individual instructions.
We shall not use the data for any other purposes
and, in particular, are not entitled to pass it on to third parties. No copies
and duplicates shall be created without your knowledge. This excludes back-up
copies insofar as these are required to ensure proper data processing as well
as data that is required in order to comply with statutory retention
obligations.
In accordance with Art. 28 and 29 GDPR, we will inform you
without delay if we believe that an instruction would violate data protection
regulations.
18.1 The applicable data protection law grants you the following comprehensive
rights of data subjects (rights of information and intervention) vis-à-vis the
data controller with regard to the processing of your personal data:
-
Right of access by the data subject pursuant to Art. 15 GDPR: You shall have
the right to receive the following information: The personal data processed by
us; the purposes of the processing; the categories of processed personal data;
the recipients or categories of recipients to whom the personal data have been
or will be disclosed; the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period; the
existence of the right to request from the controller rectification or erasure
of personal data or restriction of processing personal data concerning the
data subject or to object to such processing; the right to lodge a complaint
with a supervisory authority; where the personal are not collected from the
data subject, any available information as to their source; the existence of
automated decision-making, including profiling and at least in those cases,
meaningful information about the logic involved, as well as the significance
and envisaged consequences of such processing for the data subject; the
appropriate safeguards pursuant to Article 46 when personal data is
transferred to a third country.
- Right to rectification pursuant to Art.
16 GDPR: You have the right to obtain from the controller without undue delay
the rectification of inaccurate personal data concerning you and/or the right
to have incomplete personal data completed which are stored by us.
-
Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have
the right to obtain from the controller the erasure of personal data
concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However,
this right will not apply for exercising the freedom of expression and
information, for compliance with a legal obligation, for reasons of public
interest or for the establishment, exercise or defense of legal claims.
-
Right to restriction of processing pursuant to Art. 18 GDPR: You have the
right to obtain from the controller restriction of processing your personal
data for the following reasons: As long as the accuracy of your personal data
contested by you will be verified. If you oppose the erasure of your personal
data because of unlawful processing and you request the restriction of their
use instead. If you require the personal data for the establishment, exercise
or defense of legal claims, once we no longer need those data for the purposes
of the processing. If you have objected to processing on grounds relating to
your personal situation pending the verification whether our legitimate
grounds override your grounds.
- Right to be informed pursuant to Art. 19
GDPR: If you have asserted the right of rectification, erasure or restriction
of processing against the controller, he is obliged to communicate to each
recipient to whom the personal date has been disclosed any rectification or
erasure of personal data or restriction of processing, unless this proves
impossible or involves disproportionate effort. You have the right to be
informed about those recipients.
- Right to data portability pursuant to
Art. 20 GDPR: You shall have the right to receive the personal data concerning
you, which you have provided to us, in a structured, commonly used and
machine-readable format or to require that those data be transmitted to
another controller, where technically feasible.
- Right to withdraw a
given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your
consent for the processing of personal data at any time with effect for the
future. In the event of withdrawal, we will immediately erase the data
concerned, unless further processing can be based on a legal basis for
processing without consent. The withdrawal of consent shall not affect the
lawfulness of processing based on consent before its withdrawal.
- Right
to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other
administrative or judicial remedy, you have the right to lodge a complaint
with a supervisory authority, in particular in the Member State of your
habitual residence, place of work or place of the alleged infringement if you
consider that the processing of personal data relating to you infringes the
GDPR.
18.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A
CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR
PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO
THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR
PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP
PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER
PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR
PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR
IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF
WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE
RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE
USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS
DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP
PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
19) Duration of Storage of Personal Data
The duration of
the storage of personal data is based on the respective legal basis, the
purpose of processing and - if relevant – on the respective legal retention
period (e.g. commercial and tax retention periods).
If personal data is
processed on the basis of an express consent pursuant to Art. 6 (1) point a
GDPR, this data is stored until the data subject revokes his consent.
If
there are legal storage periods for data that is processed within the
framework of legal or similar obligations on the basis of Art. 6 (1) point b
GDPR, this data will be routinely deleted after expiry of the storage periods
if it is no longer necessary for the fulfillment of the contract or the
initiation of the contract and/or if we no longer have a justified interest in
further storage.
When processing personal data on the basis of Art. 6 (1)
point f GDPR, this data is stored until the data subject exercises his right
of objection in accordance with Art. 21 (1) GDPR, unless we can provide
compelling grounds for processing worthy of protection which outweigh the
interests, rights and freedoms of the data subject, or the processing serves
to assert, exercise or defend legal claims.
If personal data is processed
for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR,
this data is stored until the data subject exercises his right of objection
pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information
contained in this declaration on specific processing situations, stored
personal data will be deleted if it is no longer necessary for the purposes
for which it was collected or otherwise processed.
As of December 2021
The Mobility House GmbH, St.-Cajetan-Strasse 43, 81669 Munich, Germany (hereinafter re-ferred to as “we”) processes personal data in compliance with the EU’s General Data Protec-tion Regulation (GDPR) and all other applicable data protection legislation.
We have provided information below on how we process your personal data as an applicant to our Company and on your rights in this regard. Should we wish to process your personal data for a purpose not mentioned in this privacy notice, we will inform you separately in ad-vance within the context of the legal provisions.
The term “personal data” means any information relating to an identified or identifiable nat-ural person.
The Controller responsible for the pro-cessing of data described in this privacy no-tice under Article 4 (7) of the GDPR is
The Mobility House GmbH
St.-Cajetan-Strasse 43
81669 Munich Germany.
You can contact our Data Protection Officer either by writing to the address listed above and adding “Data Protection Officer” as the recipient, or by emailing [email protected]
We process the following personal data belonging to you:
- Personal master data (title, first name, last name, name affixes, date of birth, nationality, marital status)
- Address data (mailing address)
- Contact details (email address, telephone numbers, fax numbers, if applicable)
- Application information (résumé, cover letter, work experience, references)
- Interview transcripts and notes
- If applicable: picture and sound recordings of job interviews held using video conferencing
- If applicable: work permit, residence permit, criminal record, certificate of good conduct
- If applicable: other information provided voluntarily, such as photos or special categories of personal data (Article 9 (1) of the GDPR), in particular health data (information concerning illnesses or disabilities), religious beliefs or data on racial and ethnic origin
This data is usually collected directly from you and processed as part of the application process. In exceptional cases, your personal data will also be collected from other bodies, such as recruitment agencies. Furthermore, we may use personal data that we have permissibly obtained from publicly accessible sources (e.g., professional networks).
During the application process, we process your data on the following grounds (to name but a few examples):
- Carrying out the application process
- Enabling contact during the application process
- Managing your application documents
- Assessing qualifications
Your data will be stored / retained for the duration of the application process. We will erase your applicant data six months after we reject your application or you reject our offer. If you have given us your consent to store your data beyond this period (e.g., so you can be considered for potential job offers at a later date), we will retain your data for three years. You may revoke your consent at any time with effect for the future. Data is only stored beyond this period in exceptional cases for the purpose of fulfilling any legal obligations
5.1. Categories of recipients To the extent permitted by law, we disclose personal data within The Mobility House GmbH to the competent bodies. In addition, we share personal data with thirdparty recipients (e.g., postal service providers), as well as with the following processor:
- Personio SE & Co. KG
5.2. Transfer to third countries We only process your data at our locations in Germany and only transfer your data within the EU and the EEA.
You have the following rights as a data subject whose data we process:
- Right of access pursuant to Article 15 of the GDPR
- Right to rectification pursuant to Article 16 of the GDPR
- Right to erasure pursuant to Article 17 of the GDPR
- Right to restriction of processing pursuant to Article 18 of the GDPR
- Right to data portability in a structured, commonly used and machine-readable format pursuant to Article 20 of the GDPR
Insofar as we process your data because you have given us permission for certain purposes by means of your consent, you may revoke the same at any time pursuant to Article 7 (3) of the GDPR – either by writing to The Mobility House GmbH, St.- Cajetan-Strasse 43, 81669 Munich, Germany, or by emailing [email protected]. We will no longer process your data from this point onwards.
If your personal data is processed based on legitimate interests pursuant to the first sentence of Article 6 (1) (f) of the GDPR, you have the right to object to this on grounds arising from your particular situation pursuant to Article 21 of the GDPR. Unless we can demonstrate a compelling legitimate interest, in the future we will cease processing for the purposes you have objected to.
Pursuant to Article 77 (1) of the GDPR, you also have the right to lodge a complaint with your supervisory authority concerning processing in our company.
The decision on whether or not to establish an employment relationship with you can only be made if you provide us with certain personal data, such as your résumé and other application documents. In this regard, we naturally observe the principle of data economy and data avoidance by only requiring that you provide us with the data that we need to fully review your application documents or that we are legally obligated to collect.
Unfortunately, we cannot review your application documents without this data. Of course, you have the option of voluntarily providing us with additional information in your application documents.
Automated individual decision-making pursuant to Article 22 of the GDPR does not take place.
We reserve the right to amend this privacy notice to ensure that it always complies with the current legal requirements.