PRIVACY POLICY
This privacy policy informs you about the type, scope and purpose of the processing of personal data (hereinafter, in short, “Data”) within our online offer and the websites, functions and content linked to it, as well as external online presences, such as our social media profiles (hereinafter referred to collectively as the “Online Offer”). With regard to the terms used, such as “Processing” or “Controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
CONTROLLER
FLAT PORSCHE EXPERTS
whose registered office is located at: Dieselstraße 1
63843 Niedernberg, represented by Fabrice Jolivet, in his capacity as the person responsible. Telephone number: +49 6028 9999 911
email: info@flat-experts.com
FLAT PORSCHE EXPERTS is hosted by Nuxit, whose registered office is located at 97 BIS RUE GENERAL MANGIN 38100 GRENOBLE.
TYPES OF DATA PROCESSED:
– Master data (e.g. names, addresses).
– Contact data (e.g. email, telephone numbers).
– Content data (e.g. text entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Metadata/communication data (e.g. device information, IP addresses).
CATEGORIES OF DATA SUBJECTS
Visitors and users of the Online Offer (hereinafter we also refer to data subjects collectively as “Users”).
PURPOSE OF PROCESSING
– Provision of the Online Offer, its functions and content.
– Responding to 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 “data subject”); a natural person is regarded as identifiable if they 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The concept is broad and covers practically any handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of such 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.
APPLICABLE LEGAL BASES
In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing. Where the legal basis is not mentioned in the privacy policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing in order to perform our services and carry out contractual measures, as well as to respond to enquiries, is Art. 6(1)(b) GDPR; the legal basis for processing in order to comply with our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing in order to safeguard our legitimate interests is Art. 6(1)(f) GDPR. Where the vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.
SECURITY MEASURES
In accordance with Art. 32 GDPR, and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transmission, ensuring availability and separation relating to them. In addition, we have established procedures that guarantee the exercise of data subjects’ rights, the erasure of data and responses to threats to data. Furthermore, we take the protection of personal data into account already when developing or selecting hardware, software and procedures, in accordance with the principle of data protection by design and by data-protection-friendly default settings (Art. 25 GDPR).
COOPERATION WITH PROCESSORS AND THIRD PARTIES
Where, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit data to them or otherwise grant them access to the data, this is done solely on the basis of a legal permission (e.g. where a transmission of the data to third parties, such as payment service providers, is necessary under Art. 6(1)(b) GDPR for the performance of the contract), because you have given your consent, because a legal obligation so provides, or on the basis of our legitimate interests (e.g. when using agents, web hosting providers, etc.).
Where we commission third parties to process data on the basis of a so-called “processing agreement”, this is done on the basis of Art. 28 GDPR.
TRANSFERS TO THIRD COUNTRIES
Where we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or this takes place in the context of the use of third-party services or the disclosure or transmission of data to third parties, this is done only where it is carried out to fulfil our (pre-)contractual obligations, on the basis of your consent, by virtue of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have data processed in a third country only where the special requirements of Art. 44 et seq. GDPR are met. That is, the processing takes place, e.g., on the basis of special safeguards, such as the officially recognised finding of a level of data protection 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 “standard contractual clauses”).
RIGHTS OF DATA SUBJECTS
You have the right to request confirmation as to whether data concerning you are being processed, as well as to obtain information about those data and to receive further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request that data concerning you be completed or that inaccurate data concerning you be rectified.
In accordance with Art. 17 GDPR, you have the right to request that data concerning you be erased without delay or, alternatively, to request, in accordance with Art. 18 GDPR, a restriction of the processing of the data.
You have the right to request to receive the data concerning you that you have provided to us, in accordance with Art. 20 GDPR, and to demand their transmission to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
RIGHT OF WITHDRAWAL
You have the right to withdraw consent given, in accordance with Art. 7(3) GDPR, with effect for the future
RIGHT TO OBJECT
You may object to the future processing of data concerning you at any time, in accordance with Art. 21 GDPR. The objection may be directed in particular against processing for direct marketing purposes.
COOKIES AND RIGHT TO OBJECT TO DIRECT MARKETING
“Cookies” are small files that are stored on users’ computers. Various data can be stored within cookies. A cookie serves primarily to store data relating to a user (or to the device on which the cookie is stored) during or even after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes their browser. The contents of a shopping basket in an online shop or a login status, for example, may be stored in such a cookie. Cookies that remain stored even after the browser is closed are called “permanent” or “persistent”. In this way, for example, the login status can be stored when users return after several days. Likewise, users’ interests, which are used for reach measurement or marketing purposes, may be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the controller who operates the online offer (otherwise, where they are only the latter’s cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies, and we inform you about this within the framework of our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. Excluding cookies may lead to limitations in the functions of this online offer.
A general objection to the use of cookies employed for online marketing purposes can be declared, for numerous services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. In addition, the storage of cookies can be prevented by deactivating them in the browser settings. Please note that, in that case, it may not be possible to use all functions of this online offer.
ERASURE OF DATA
The data processed by us are erased or their processing is restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated otherwise within this privacy policy, the data stored by us are erased as soon as they are no longer necessary for their purpose and no legal retention obligations stand in the way of erasure. Where data are not erased because they are necessary for other, legally permissible purposes, their processing is restricted. That is, the data are blocked and not processed for other purposes. This applies, e.g., to data that must be retained for reasons of commercial or tax law.
According to the legal provisions in Germany, data are retained in particular for 10 years in accordance with §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for tax purposes, etc.) and for 6 years in accordance with § 257 Abs. 1 Nr. 2 and 3, Abs. 4 HGB (commercial letters).
According to the legal provisions in Austria, data are retained in particular for 7 years in accordance with § 132 Abs. 1 BAO (accounting documents, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to services provided electronically, telecommunications services, and broadcasting and television services provided to non-business persons in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
HOSTING AND EMAIL DISPATCH
The hosting services that we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services, as well as technical maintenance services that we use for the purpose of operating this online offer.
In this context, we or our hosting provider process master data, contact data, content data, contractual data, usage data, metadata and communication data of customers, prospective customers and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer, in accordance with Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a processing agreement).
COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collect, on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR, data on every access to the server on which this service is located (so-called server log files). The access data include the name of the website accessed, the file, the date and time of the request, the amount of data transferred, the notification of a successful request, the browser type and version, the user’s operating system, the referrer URL (the previously visited page), the IP address and the requesting provider.
The log file information is stored for security reasons (e.g. to investigate abuse or fraud) for a maximum of 7 days and then erased. Data whose further retention is necessary for evidentiary purposes are excluded from erasure until the relevant incident has been definitively clarified.
ONLINE PRESENCES ON SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to communicate with the customers, prospective customers and users active there and to inform them there about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless stated otherwise within our privacy policy, we process users’ data insofar as they communicate with us within the social networks and platforms, e.g. by writing posts on our online presences or sending us messages.
INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT
Within our online offering, on the basis of our legitimate interests (that is, our interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6(1)(f) of the GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content receive the users’ IP address, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only content whose respective providers use the IP address exclusively for delivering the content. Third-party providers may also use so-called tracking pixels (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. By means of the “tracking pixels”, information such as visitor traffic on the pages of this website can be evaluated. Pseudonymous information may also be stored in cookies on the users’ device and may contain, among other things, technical information about the browser and operating system, referring websites, time of the visit, and other data on the use of our online offering, and may also be combined with such information from other sources.
GOOGLE FONTS
We integrate fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
GOOGLE MAPS
We integrate maps from the “Google Maps” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include in particular users’ IP addresses and location data, which, however, are not collected without their consent (generally given within the settings of their mobile devices). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Within our online offering, functions and content of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be integrated. These may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offering within Instagram. Where users are members of the Instagram platform, Instagram may assign the retrieval of the aforementioned content and functions to the users’ profiles held there. Instagram privacy policy: http://instagram.com/about/legal/privacy/.