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Privacy Policy

Valid from 01.01.2023

We are very pleased about your interest in our company. Data protection is a particularly high priority for the management of Mobility Marketing Operations GmbH. The use of the Internet pages of Mobility Marketing Operations GmbH is generally possible without any indication of personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Mobility Marketing Operations GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed about the rights to which they are entitled by means of this data protection declaration.

As the controller, Mobility Marketing Operations GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of Mobility Marketing Operations GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this Privacy Policy, among others:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination; the restriction, deletion or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

e)    Profiling

Profiling is any type 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 relating to that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymization

Pseudonymisation is 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 such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person become.

g) Controller or controller

The controller or controller is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.

h) Processors

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

i) Recipient

The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the context of a specific investigative mandate under Union or Member State law are not considered recipients.

j) Third parties

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.

k) Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes, in the form of a statement or other clear affirmative action, by which the data subject signifies that he or she agrees to the processing of personal data concerning him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

Mobility Marketing Operations GmbH

Oil willow 12

39114 Magdeburg

Germany

Phone: +49( 0) 1590 13 66 437

E-mail: info@drivar.de

Website: https://drivar.de

3. Cookies

The websites of Mobility Marketing Operations GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Mobility Marketing Operations GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

A cookie can be used to optimise the information and offers on our website in the interests of the user. As mentioned above, cookies allow us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their login details each time they visit the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of Mobility Marketing Operations GmbH collects a series of general data and information every time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Mobility Marketing Operations GmbH does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) to optimise the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Mobility Marketing Operations GmbH on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the option of registering on the Controller’s website by providing personal data. The personal data that is transmitted to the controller can be found in the respective input mask used for registration. The personal data entered by the data subject will be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.

By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) to the data subject, the date and time of registration is also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to solve crimes that have been committed. In this respect, the storage of this data is necessary to protect the controller. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or if the disclosure serves the purpose of criminal prosecution.

The purpose of the Data Controller’s registration with the voluntary provision of personal data is to offer the Data Subject content or services that, due to the nature of the matter, can only be offered to registered Users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data of the controller.

The controller shall provide each data subject with information on what personal data about the data subject is stored at any time upon request. Furthermore, the controller corrects or deletes personal data at the request or notification of the data subject, provided that this does not conflict with statutory retention obligations. All the employees of the controller are available to the data subject as contact persons in this context.

6. Subscription to our newsletter

On the website of Mobility Marketing UG Operations (haftungsbeschränkt), users are given the opportunity to subscribe to our company’s newsletter. The personal data that is transmitted to the controller when subscribing to the newsletter can be found in the input mask used for this purpose.

Mobility Marketing Operations GmbH informs its customers and business partners at regular intervals by means of a newsletter about the company’s offers. In principle, the data subject can only receive our company’s newsletter if (1) the data subject has a valid e-mail address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email will be sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch in a double opt-in procedure. This confirmation e-mail serves to check whether the owner of the e-mail address has authorised the receipt of the newsletter as a data subject.

When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the controller.

The personal data collected in the context of registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a corresponding registration, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected in the context of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller of this in another way.

7. Newsletter tracking

The newsletters of Mobility Marketing Operations GmbH contain so-called tracking pixels. A web beacon is a thumbnail graphic that is embedded in such e-mails, which are sent in HTML format, to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, Mobility Marketing GmbH can recognize whether and when an e-mail has been opened by a data subject and which links in the e-mail have been accessed by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters will be stored and evaluated by the controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent in this regard submitted via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. Unsubscribing from receiving the newsletter will automatically be interpreted by Mobility Marketing GmbH as a revocation.

8. Possibility of contact via the website

Due to legal regulations, the website of Mobility Marketing Operations GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data provided on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.

9. Subscription to comments on the blog on the website

The comments made in the blog of Mobility Marketing Operations GmbH can generally be subscribed to by third parties. In particular, there is the possibility for a commenter to subscribe to the comments on a particular blog post following their comment.

If a data subject opts for the option to subscribe to comments, the controller will send an automatic confirmation email in order to verify, in a double opt-in procedure, whether the owner of the email address provided has really opted for this option. The option to subscribe to comments can be terminated at any time.

10. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

11. Rights of the data subject

a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

b) Right to information

Every person affected by the processing of personal data has the right, granted by the European legislature to obtain information about the personal data stored about him or her and a copy of this information from the controller at any time, free of charge. In addition, the European legislator has granted the data subject information on the following information:

  • the purposes of processing
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
  • if possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority
  • if the personal data is not collected from the data subject: all available information about the origin of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject

In addition, the data subject has the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right to rectification

Every person affected by the processing of personal data has the right granted by the European legislator to request the rectification of inaccurate personal data concerning him or her without undue delay. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Every data subject to the processing of personal data has the right, granted by the European legislator for directives and regulations, to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds applies and in so far as the processing is not necessary:

  • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
  • The data subject withdraws his or her consent on which the processing was based pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Art. 21 (2) GDPR.
  • The personal data has been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by Mobility Marketing GmbH deleted, he or she can contact an employee of the controller at any time. The employee of Mobility Marketing GmbH will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by Mobility Marketing Operations GmbH and our company as the controller is obliged to delete the personal data in accordance with Art. 17 (1) GDPR, Mobility Marketing GmbH will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to protect other data controllers who use the published personal data. to inform the data subject that the data subject has requested from those other data controllers the deletion of all links to such personal data or of copies or replications of such personal data, to the extent that the processing is not necessary. The employee of Mobility Marketing GmbH will arrange the necessary measures in individual cases.

e) Right to restriction of processing

Every data subject to the processing of personal data has the right, granted by the European legislator for directives and regulations, to obtain from the controller the restriction of processing if one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject for a period of time that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Mobility Marketing GmbH, he or she can contact an employee of the controller at any time. The employee of Mobility Marketing GmbH will arrange for the processing to be restricted.

f) Right to data portability

Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. It also has the right to transmit these data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

Furthermore, when exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not adversely affected.

To assert the right to data portability, the data subject can contact an employee of Mobility Marketing GmbH at any time.

g) Right to object

Every person affected by the processing of personal data has the right granted by the European legislature to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Mobility Marketing Operations GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If Mobility Marketing Operations GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This also applies to profiling, insofar as it is related to such direct advertising. If the data subject objects to Mobility Marketing Operations GmbH to the processing for direct marketing purposes, Mobility Marketing Operations GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her that is carried out by Mobility Marketing Operations GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task in the public interest.

To exercise the right to object, the data subject can contact any employee of Mobility Marketing GmbH or another employee directly. The data subject is also free to exercise his or her right to object to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

h) Automated decision-making on a case-by-case basis, including profiling

Every data subject to the processing of personal data has the right, granted by the European legislature, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him/her, provided that the decision (1) does not apply to the conclusion or performance of a contract between the data subject person and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is given with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) it is made with the explicit consent of the data subject, Mobility Marketing Operations GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to present its own position and to contest the decision.

If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact an employee of the controller at any time.

i) Right to revoke consent under data protection law

Every person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact an employee of the controller at any time.

12. Data protection for applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out by electronic means. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

13. Legal basis for processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, in the case of processing operations that are necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, such as in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, a hospital or other third parties. In this case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).

14. Legitimate interests in the processing pursued by the Controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.

15. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of a contract.

16. Legal or contractual requirements for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

17. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This privacy policy has been prepared by the data protection policy generator GDPR of the German Society for Data Protection, which in cooperation with RC GmbH, recycles the used IT and provides the law firm Media Law Lawyers of WILDE BEUGER SOLMECKE | lawyers.