For which purposes and based on which legal framework do we process personal data?
If you browse our websites, order or use our products, or otherwise engage with us, we will receive personal data from you. We generally process your data on the following legal bases:
If you have granted your express consent (Art. 6 para. 1 lit. a GDPR or the equivalent provision under UK law ), e.g. if you would like for us to contact you directly, subscribe to our newsletter, or wish to receive advertising content tailored to your person. Any measures according to Art. 7 para. 3 UWG such as emails related to the purchase of goods or usage of the address for direct advertising by the customer for similar goods or services from Vimcar shall remain unaffected, (see our GTC).
To fulfil our contractual obligations (Art. 6 para. 1 lit. b GDPR or the equivalent provision under UK law), e.g. if you purchase and use our product.
As a company, we are subject to various legal obligations (Art. 6 para. 1 lit. c GDPR or the equivalent provision under UK law). We are, for example, required under tax law and commercial law to retain certain documents.
We additionally process data on the basis of a legitimate interest on our part or third parties (Art. 6 para. 1 lit. f GDPR or the equivalent provision under UK law). This includes, inter alia, data processing for direct advertising purposes, to promote sales, for IT security and the combatting of fraud, as well as the creation of pseudonymous user profiles for analysis purposes and the needs-based design of our website (tracking). You have the right to object to data processing on the basis of a legitimate interest in accordance with Art. 21 para. 1 GDPR or the equivalent provision under UK law. More detailed information is provided under Clause 10.
Data processing by our products
6.1 Collection of telematics data
The data obtained related to the use of the Vimcar products (e.g. driving data, mileage changes, engine speeds) will be transferred temporarily to our hardware provider Mobile Devices Engineering (100 Avenue de Stalingrad, 94800 Villejuif, France) in an encrypted and pseudonymised form. As such, there is no possibility of establishing a personal reference. These data are exclusively automatically transferred to Vimcar for the purpose of fulfilling the contractual objectives. Access to personal data only takes place with the consent of the user, for example as part of service measures.
6.2 Hosting and data storage
A permanent storage of all data takes place in the context of a data processing order on servers of Amazon Web Services, Inc. (410 Terry Ave North, Seattle, WA 98109-5210, US). The explicit server location is the availability zone "eu-central-1" in Germany (Frankfurt am Main).
6.3 Use of Vimcar software applications
We use various services for the purpose of analysing, optimising, and improving the user-friendliness of our software applications. For example, this allows us to analyse which functionalities are most in demand or how long users stay in certain areas of the application.
To visually represent your trips, we use the Google Maps service (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). Our software applications have integrated Google Maps through an API to visually represent your geographic information. The use of Google Maps enables Google to collect, process and use data about your use of the service. The information below, including your IP address, may be transmitted to Google LLC. and Alphabet Inc. We have no influence on the further processing and use of the data by Google and can therefore accept no responsibility for this. IP address, location information, usage data, date and time of the visit and URLs are collected and processed in this context. The legal basis for the processing is Art. 6 para. 1 lit. b GDPR. The personal data are kept for as long as they are required to fulfil the purpose of the processing. The data will be deleted as soon as they are no longer required to achieve the purpose.
Data processing when establishing contact
You can ask us questions and send us messages using the contact form, our e-mail addresses, the software applications, or via the telephone. We will solely process your data to contact you using your preferred method of communication and to process your request. The legal basis for this is, depending on the customer's request, Art. 6 para. 1 lit. a or b GDPR or the equivalent provision under UK law.
__Processing when contacting our support __
You can ask us questions and send us messages via the contact form, our e-mail addresses, the software applications or by telephone. We only process your data in order to contact you in the desired way and to process your enquiry. The legal basis is Art. 6 I lit. a or b GDPR, depending on the customer's request.
Vimcar uses communication service providers to receive and process enquiries. For the processing of enquiries, Vimcar uses external customer service software from Zendesk (Zendesk Inc., 1019 Market Street San Francisco, CA 94103 United States). Zendesk is used for the integration of contact forms and the forwarding of your enquiries to us. The use of Zendesk is optional. If you do not consent to Zendesk collecting your information, we offer alternative means of contacting you to submit service requests by telephone. The security of the transmission is regularly monitored via. Standard Contractual Clauses and Binding Corporate Rules. SCCs to protect your data have been entered into with Zendesk Inc.
Please note the data protection notice of Zendesk.
Is my data transmitted to third parties?
To make sure that Vimcar can process your data for the purposes described above, it may be necessary for recipients other than Vimcar to be able to view and process your data.
8.1 External service providers (processors) Your data will be transmitted to external service providers if they are commissioned by us to process your data and support Vimcar in providing its services. If you, for example, subscribe to our newsletter, we have commissioned a service provider to distribute our mailings. The processing of your personal data by commissioned service providers takes place as part of order processing in accordance with Art. 28 GDPR.
8.2 Other service providers, partners, and third parties Vimcar might also cooperate with third parties if this is necessary to fulfil our range of services or if we are required by law to disclose data. This includes the following:
Bodies conducting credit checks
Public bodies or judicial order.
Will my data be processed outside the EU, and how is the protection of my data ensured?
We place importance on processing your data within the European Union. However, we may use service providers who process data outside the EU. In these cases, we ensure that an appropriate level of data protection is established prior to the transfer. This means that a level of data protection is achieved that is comparable to the general principles of data transfer within the EU (cf. Art. 44 ff. GDPR or the equivalent provision under UK law) by applying EU standard contracts, an adequacy decision according to Art. 45 GDPR, appropriate guarantees according to Art. 46 GDPR or the equivalent provision under UK law or binding internal data protection regulations according to Art. 47 GDPR or the equivalent provision under UK law.
For how long will my data be stored?
As far as no explicit storage period is indicated in the context of the information provided above or during the collection, your personal data will be deleted as soon as the purpose of storage no longer applies and legal storage periods such as § 147 para. 1 AO, § 357 HGB and §§ 195, 199 BGB do not prevent a deletion. In these cases, the blocking or deletion of the data is carried out after expiry of the storage periods, unless there is a need for further storage of the data in order to conclude or fulfil a contract or to assert our rights.
What are my rights, and where can I assert them?
You have the following rights concerning us regarding your personal data.
11.1 General Rights
You have the right of access (Art. 15 GDPR or the equivalent provision under UK law), rectification (Art. 16 GDPR or the equivalent provision under UK law) and erasure (Art. 17 GDPR, or the equivalent provision under UK law) of your data transmitted to us. In addition, you also have the right to data portability (Art. 20 GDPR or the equivalent provision under UK law) and restriction of processing (Art. 18 GDPR, or the equivalent provision under UK law). If the processing is based on your consent (Art. 6 para. 1 lit. a GDPR or the equivalent provision under UK law), you have the right to withdraw this consent with effect for the future (Art. 21 GDPR or the equivalent provision under UK law).
As a rule, you can assert your rights informally and without giving reasons. It may be that in individual cases, a copy of an identity document is required for identification purposes in order to clearly assign the stored data to your person and prevent improper requests for information. Information that is not necessary to establish your identity should be blackened by you; you will be informed separately about that. The data on the ID or passport copy is subject to strict earmarking. They are therefore used by us exclusively for identity verification, but are not included in our database. Once your identity has been established, the proof is deleted from our data.
11.2 Rights in data processing following a legitimate interest
Pursuant to Art. 21 para. 1 GDPR, you have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data on the basis of Art. 6 para. 1 lit. e GDPR or the equivalent provision under UK law (data processing in the public interest) or on the basis of Article 6 para. 1 lit. f GDPR (data processing to safeguard a legitimate interest), including profiling based on this provision. In the event of your objection, we will no longer process your personal data unless we can prove compelling grounds for processing that outweigh your interests, rights, and freedoms, or the processing is for the purpose of asserting, exercising, or defending legal claims. Please note that, if you object, you may no longer be able to use our products, as data processing might be required for their use.
11.3 Rights related to direct advertising
If the personal data that concerns you are being processed for direct marketing purposes, in accordance with Art. 21 para. 2 GDPR you have the right to refuse this processing at any time.; this also applies to profiling, insofar as it is associated with such direct marketing. In the event of your objection to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
11.4 Right to complain to a supervisory authority
In accordance with Art. 77 I GDPR, you have the right to complain about the processing of your data to a data protection supervisory authority ( responsible: Friedrichstr. 219, 10969 Berlin)
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