General Data Protection Regulation Policy (GDPR)
The data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regards to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Company: INSTADRIVE LTD
Street number: 12th Floor, Broadgate Tower
Postcode, city, country: EC2A 2EW, London, England
Commercial register number: 13445454
Managing Director / Owner: Philipp Halla, Andreas Mutter
Telephone number: 08000488314
Email address: email@example.com
Types of data processed:
– Inventory data (e.g. names, addresses)
– Contact details (e.g. e-mail, telephone numbers)
– Content data (e.g. text entries, photographs, videos)
– Contract data (e.g. subject of the contract, duration, customer category)
– Payment data (e.g. bank details, payment history)
– Usage data (e.g. websites visited, interest in content, access times)
– Meta / communication data (e.g. e-information, IP addresses)
Processing of special categories of data:
No special categories of data are processed.
Categories of persons affected by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the data subjects collectively as “users”.
Purpose of processing:
– Provision of the online offer, its content and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact inquiries and communicating with users.
– Marketing, advertising and market research.
– Safety measures.
Status: June 2021
1. Terms Used
1.1. “Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
1.2. “Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term is broad and encompasses practically every handling of data.
1.3. “Responsible person” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
2. Relevant Legal Basis
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 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
4. Security Measures
4.1. In accordance with Art. 32 GDPR, taking into account the state; the implementation costs, the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk. The measures include, in particular, securing of the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.
5. Disclosure and Transfer of Data
5.1. If we disclose data to other persons and companies (contract processors or third parties) as part of our processing; transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit. – and legal advisors, customer care, bookkeeping, billing and similar services that allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).
5.2. If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
6. 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 happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfil our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Data Subject Rights
7.1. You have the right to request confirmation as to whether the data in question 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.
7.2. You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
7.4. You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
7.5. In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.
8. Right of Withdrawal
You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future.
9. Right to Object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
10. Cookies and the Right to Object to Direct Mail
10.1. “Cookies” are small files that are stored on the users’ computers. Various information can be stored within the 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 offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies from providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).
10.2. We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
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. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
11. Deletion of Data
11.1. The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention requirements. 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 kept for commercial or tax reasons.
11.2. Austria: According to legal requirements, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with land and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the mini-one-stop shop (MOSS) is used.
12. Order Processing in the Online Shop and Customer Account
12.1. We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the persons concerned our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3. The processing takes place on the basis of Art. 6 Paragraph 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfilment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary to fulfil the contract (e.g. at the customer’s request for delivery or payment).
12.4. Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data before the end of the contract if they have cancelled.
12.5. As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as 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 or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.
12.6. The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years. In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation). Information in the customer account remains until it is deleted.
13. Business Analysis and Market Research
13.1. In order to operate our business economically, to be able to recognize market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit.f.DSGVO, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on their purchase processes. The analyses serve us to increase the user-friendliness, the optimization of our offer and the economic efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized values.
13.2. If these analyses or profiles are personal, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In addition, the overall business analysis and general tendency determinations are created anonymously if possible.
14. Contact and Customer Service
14.1. When contacting us (using the contact form or email), the information provided by the user is processed in order to process the contact request and to process it in accordance with Article 6 (1) (b) GDPR.
14.2. User information can be saved in our customer relationship management system (“CRM system”) or a comparable request organization.
14.3. We delete the inquiries if they are no longer required. We review the requirement every two years. We permanently save inquiries from customers who have a customer account and refer to the information on the customer account for deletion. The statutory archiving obligations also apply.
15. Collection of Access Data and Log Files
15.1. We 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 lit. The access data includes the name of the accessed website, 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.
15.2. For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
16. Online Presence on Social Media
16.1. On the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, we maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of the respective operator apply.
16.2. Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.
17. Google Analytics
17.2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active(.
17.3. Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles can be created from the processed data.
17.4. We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases.
17.5. The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies 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 online offer and from processing this data by downloading and installing the browser plug-in available under the following link:https://tools.google.com/dlpage/gaoptout?hl=de.
17.6. Further information on data usage by Google, setting and objection options can be found on the Google website: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertisements”).
18. Facebook Social Plugins
18.1. On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
18.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
18.3. When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user’s device; which integrates it into the online offer. User profiles can be created from the processed data. We, therefore, have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
18.4. By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.
18.5. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
18.6. If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices such as desktop computers or mobile devices.
20. Communication by Post
20.1. We use means of distance communication, such as post, telephone or e-mail, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data from customers, participants, interested parties and communication partners.
20.2. Processing takes place on the basis of Art. 6 Paragraph 1 lit. a, Art. 7 GDPR, Art. 6 Paragraph 1 lit. f GDPR in connection with legal requirements for advertising communications. Contact is only made with the consent of the contact partner or within the framework of legal permissions and the processed data is deleted as soon as it is not required and otherwise with an objection / revocation or elimination of the authorization bases or legal archiving obligations.
21.1. With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you declare that you agree to the receipt and the procedures described.
21.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or with legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our products, offers, promotions and our company.
21.3. Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
21.4. Dispatch service provider: The newsletter is dispatched via “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection provisions of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active).
21.5. Insofar as we use a shipping service provider, the shipping service provider can, according to its own information, use this data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the shipping and the presentation of the newsletter or for statistical purposes, to determine from which countries the recipients come from. However, the shipping service provider does not use the data of our newsletter recipients to write them down or to pass them on to third parties.
21.6. Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter.
21.7. Success measurement – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from its server. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients, but it is neither our aim nor, if used, that of the dispatch service provider to monitor individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
21.8. Austria: The dispatch of the newsletter and the measurement of success take place on the basis of the consent of the recipient in accordance with Art. 6 Paragraph 1 lit. a, Art. 7 GDPR in conjunction with Section 107 Paragraph 2 TKG or on the basis of legal permission in accordance with Section 107 Paragraphs 2 and 3 TKG.
21.9. The registration process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR and serves as proof of consent to receive the newsletter.
21.10. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You can find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in this case, the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, the personal data are deleted, unless their retention is legally required or justified, in which case their processing is limited to these exceptional purposes. In particular, we can save the e-mail addresses that have been e-mailed for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
22. Integration of services and content from third parties
22.1. We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive 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 can also be stored in cookies on the user’s device and contain, among other things; technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.
22.2. The following illustration provides an overview of third-party providers and their content, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out)
– If our customers use the payment services of third parties (e.g. PayPal or Instant Bank Transfer), the terms and conditions and data protection notices of the respective third-party providers apply, which can be called up within the respective websites or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts takes place by calling up a server on Google (usually in the USA). Data protection: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Maps provided by the “Google Maps” service provided by the third-party provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Videos from the “YouTube” platform of the third-party provider Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Functions of the Instagram service are integrated into our online offer. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram. Data protection: http://instagram.com/about/legal/privacy/.