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privacy

This privacy policy informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering").

 

With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR). In addition, we will inform you below about the third-party components we use for optimization purposes and to improve the quality of use, insofar as third parties process data under their own responsibility.



responsible person


Nettec Automotive Solutions GmbH
Gertrudenkirchhof 10
20095 Hamburg



Managing Director: Daniel Lührs

Link to the imprint: https://www.der-auto-berater.de/impressum


types of data processed
inventory data (e.g. names, addresses)
Contact details (e.g. email, telephone numbers)
Content data (e.g. text entries, photographs, videos)
Usage data (e.g. websites visited, interest in content, access times)
Meta/communication data (e.g. device information, IP addresses)


categories of data subjects
The persons concerned are visitors and users of our online offer (hereinafter we refer to the persons concerned collectively as “visitors” or “users”).



purpose of processing
Provision of the online offer, its functions and contents
Answering contact requests and communicating with users
security measures
reach measurement/marketing


Terms used
“ Personal data ” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); 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 (e.g. a cookie) or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“ Processing ” means any operation or set of operations which is performed on personal data or on sets of personal data, with or without the aid of automated procedures.

“ Pseudonimisation ” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person. Pseudonymisation supports a higher purpose of protection.

“ Profiling ” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“ Controller ” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“ Processor ” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.



Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies:

The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.



security measures
In accordance with Art. 32 GDPR, we take suitable technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of processing as well as the varying likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data as well as access, input, transfer, securing availability and separation of data. We have set up procedures that ensure the exercise of data subject rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).



cooperation with processors and third parties
If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as shipping service providers, is necessary to fulfill the contract in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation expressly provides for this or on the basis of our legitimate interests (e.g. when using contractors, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 GDPR.



transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “EU standard contractual clauses”).



rights of the data subjects
You have the right to request confirmation as to whether or not data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected

in accordance with Art. 16 GDPR. You have the right to request that the data concerning you be deleted immediately in accordance with Art. 17 GDPR or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have made available to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

In addition, we as a provider are obliged to inform all recipients to whom data has been disclosed by us about any correction or deletion of data or the restriction of processing that occurs on the basis of Articles 16, 17 (1) and 18 GDPR. However, this obligation does not apply if this notification is impossible or involves disproportionate effort. Notwithstanding this, the user has a right to information about these recipients.



right of withdrawal
You have the right to revoke any consent you have given in accordance with Art. 7 Para. 3 GDPR with effect for the future.



right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.



Cookies and the right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored when users visit an online service again after several days. Such a cookie can also store the interests of users, which are used for reach measurement or marketing purposes. “Third party” cookies are cookies offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first party” cookies).

We can use temporary and permanent cookies and explain this in our privacy policy.

If you as a user do not want cookies to be saved on your computer, you are asked to activate the corresponding option in the system settings of your browser, such as “Do not Track”. Saved cookies can be deleted in the system settings of the browser. Excluding cookies can lead to functional restrictions of online services.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services on the market, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . Cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of an online service may be available.



deletion of data
The data we process is deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters).



Business-related processing
In addition, we process

Contract data (e.g. subject matter of the contract, term, customer category)
payment data (e.g. bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing and, if applicable, advertising.



agency services
We process our customers' data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis and consulting services.

In doing so, we process inventory data (e.g. customer master data such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and measurement of the success of marketing measures). We generally do not process special categories of personal data unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis for processing arises from Art. 6 (1) (b) GDPR (contractual services) and Art. 6 (1) (f) GDPR (analysis, statistics, optimization, security measures). We process data that is necessary to justify and fulfill the contractual services and point out the necessity of providing it. Disclosure to external parties only occurs if it is required as part of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the statutory requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.

We delete the data after statutory warranty and similar obligations have expired. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after these have expired (6 years, in accordance with Section 257 (1) HGB or 10 years in accordance with Section 147 (1) AO). In the case of data that has been disclosed to us by the client as part of an order, we generally delete the data in accordance with the specifications of the order after the end of the order and the purpose has been fulfilled.



Contractual Services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, or contractual partners (collectively referred to as "contractual partners") in accordance with Art. 6 Paragraph 1 Letter b of GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

We do not process special categories of personal data unless these are part of commissioned or contractual processing.

We process data that is necessary to justify and fulfill the contractual services and point out the necessity of providing them if this is not obvious to the contractual partners. Disclosure to external persons or companies only occurs if it is required within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. Storage is based on our legitimate interests as well as the interests of the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f GDPR or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR.

The data is deleted when the data is no longer required to fulfill contractual or legal duties of care or to deal with any warranty and similar obligations; otherwise, the statutory retention periods apply.



administration, financial accounting, office organization, contact management
We process data as part of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 Para. 1 lit. c GDPR and Art. 6 Para. 1 lit. f GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information stated in these processing activities.

In doing so, we disclose or transmit data to the tax authorities, consultants such as tax consultants or auditors as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information about suppliers, event organizers and other business partners, e.g. B. for the purpose of contacting you later. We generally store this data, which is mostly company-related, indefinitely.



Business analyses and market research
In order to be able to operate our business economically and to identify market trends and the wishes of contractual partners and users, we analyze the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6 Paragraph 1 Letter f of GDPR, whereby the persons affected include contractual partners, interested parties, customers, visitors and users of our online offering.

The analyses are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g. on the services they have used. The analyses help us to increase user-friendliness, optimize our offering and make it more economical. The analyses are for our own use and are not disclosed externally.

If these analyses or profiles are personal, they are deleted or anonymized when use is terminated, otherwise they are removed no later than two years after the conclusion of the contract. In addition, the overall business analyses and general trend determinations are always created anonymously wherever possible.



contact
When you contact us (e.g. via contact form, email, telephone or via social media), the user's details are processed to process the contact request and its handling in accordance with Art. 6 Paragraph 1 Letter b (within the framework of contractual/pre-contractual relationships) and Art. 6 Paragraph 1 Letter f (other inquiries) GDPR. Users' details may be stored in a customer relationship management system ("CRM system") or a comparable inquiry organization.

We delete the inquiries if they are no longer required. We check the necessity every two years; statutory archiving obligations also apply.



hosting and email delivery
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email sending, security services and technical maintenance services that we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).



collection of access data and log files
We or our hosting provider collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 Letter f of GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data that must be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.



Google Tag Manager™
“Google Tag Manager™” is a solution that allows us to manage so-called “website tags” via an interface (and thus integrate Google Analytics™ and other Google marketing services into our online offering, for example). The Tag Manager itself (which implements the tags) does not process any personal data of users. With regard to the processing of users’ personal data, reference is made to the following information (usage guidelines) on Google services: https://www.google.com/intl/de/tagmanager/use-policy.html .



Google Analytics™
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f GDPR), we use Google Analytics™, a web analysis service provided by Google LLC ("Google"). Google™ uses cookies. The information generated by a cookie about the use of the online offering by users is usually transferred to a Google™ server in the USA and stored there.

Google™ is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active .

Google™ will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and Internet usage. Pseudonymous user profiles can be created from the processed data.

We only use Google Analytics™ with activated IP anonymization. This means that the IP address of users is shortened by Google™ within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google™ server in the USA and shortened there.

The IP address transmitted by the user's browser is not merged with other Google™ data. Users can prevent cookies from being saved by setting their browser software accordingly; users can also prevent Google™ from collecting the data generated by the cookie and relating to their use of the website and from processing this data by Google™ by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de .

Further information on data usage by Google™, settings and objection options can be found in the Google™ privacy policy ( https://policies.google.com/technologies/ads ) and in the settings for the display of advertisements by Google™ ( https://adssettings.google.com/authenticated ).

According to Google™, users' personal data is deleted or anonymized after 14 months.



Google Universal Analytics™
We use Google Analytics™ in the form of “ Universal Analytics ”. Universal Analytics is a Google Analytics™ process in which user analysis is carried out on the basis of a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of various devices (so-called “cross-device tracking”).



online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of the respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.



Integration of third-party services and content
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f GDPR), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter referred to uniformly as “content”).

This always requires that the third-party providers of this content perceive the IP address of the users, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called “pixel tags” (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.



YouTube™
We use YouTube™ on our website. This is a video portal of YouTube LLC, 901 Cherry Ave., 94066 San Bruno, CA, USA, hereinafter referred to as “YouTube”.

YouTube™ is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.

Through certification under the EU-US Privacy Shield, https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active , Google™ and thus also its subsidiary YouTube™ guarantee that EU data protection regulations are also adhered to when processing data in the USA.

We use YouTube™ in connection with the "Extended Data Protection Mode" function to show you videos. The legal basis is Art. 6 Paragraph 1 Letter f of GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube™, the "Extended Data Protection Mode" function means that the data described in more detail below is only transmitted to the YouTube™ server when you actually start a video.

Without this “Extended Data Protection”, a connection to the YouTube™ server in the USA will be established as soon as you access one of our websites on which a YouTube™ video is embedded.

This connection is required in order to be able to display the respective video on our website via your internet browser. In the course of this, YouTube™ will record and process at least your IP address, the date and time, and the website you visited. In addition, a connection is established to the Google™ “DoubleClick” advertising network.

If you are logged in to YouTube™ at the same time, YouTube™ will assign the connection information to your YouTube™ account. If you want to prevent this, you must either log out of YouTube™ before visiting our website or make the appropriate settings in your YouTube™ user account.

For the purpose of functionality and to analyze usage behavior, YouTube™ permanently stores cookies on your device via your Internet browser. If you do not agree to this processing, you have the option of preventing the storage of cookies by setting your Internet browser. You can find more information about this above under "Cookies".

Google™ provides further information about the collection and use of data as well as your rights and protection options in this regard on the pages provided at https://policies.google.com/privacy .



Data protection information in the application process
We process applicant data only for the purpose and within the scope of the application process in accordance with the legal requirements. Applicant data is processed to fulfil our (pre)contractual obligations within the scope of the application process within the meaning of Art. 6 Para. 1 lit. b. GDPR Art. 6 Para. 1 lit. f. GDPR if data processing becomes necessary for us, for example, within the scope of legal proceedings (in Germany, Section 26 BDSG also applies).

The application process requires applicants to provide us with their application data. The necessary application data is marked if we offer an online form and can otherwise be found in the job descriptions. This generally includes personal details, postal and contact addresses and the documents required for the application, such as a cover letter, CV and references. Applicants can also voluntarily provide us with additional information.

By submitting their application to us, applicants agree to the processing of their data for the purposes of the application process in accordance with the manner and scope set out in this data protection declaration.

If special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily provided as part of the application process, they will also be processed in accordance with Art. 9 Para. 2 lit. b GDPR (e.g. health data, such as severe disability status or ethnic origin). If special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are requested from applicants as part of the application process, they will also be processed in accordance with Art. 9 Para. 2 lit. a GDPR (e.g. health data if this is necessary for the exercise of the profession).

Applicants can send us their applications via email. However, please note that emails are generally not sent encrypted and applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application between the sender and receipt on our server.

The data provided by the applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is not successful, the applicants' data will be deleted. The applicants' data will also be deleted if an application is withdrawn, which the applicants are entitled to do at any time.

Subject to a legitimate revocation by the applicant, the data will be deleted after a period of six months, so that we can answer any follow-up questions about the application and meet our proof obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.

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