NOTES ON DATA PROTECTION
I.
Name
and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Ralf
Bohle GmbH Otto-Hahn-Str.
1 51580
Reichshof Germany Phone:
+49 (22 65) 10 90 E-mail:
info@schwalbe.com Website:
https://www.schwalbe.com
II.
Name
and address of the data protection officer
The data protection officer of the controller is: Christoph
Larsen DS
Privacy Policy Christoph Larsen Nordring
35 51647
Gummersbach, Germany Germany Phone:
+49 (22 61) 56 09 20 E-mail:
datenschutz@schwalbe.com
III.
General
information on data processing
1.
Scope
of processing of personal data
We
process personal data of our users only insofar as this is necessary to provide
SCHWALBE Airmax as well as our content
and services. The processing of personal data of our users takes place
regularly only with the consent of the user. An exception applies in cases
where prior consent cannot be obtained for factual reasons and the processing
of the data is permitted by law.
2.
Legal
basis for the processing of personal data
Insofar
as we obtain the consent of the data subject for the processing of personal
data, Art. 6 para. 1 lit. a) EU General Data Protection Regulation (GDPR)
serves as the legal basis. In the
processing of personal data necessary for the performance of a contract to
which the data subject is a party, Art. 6 para. 1 lit. b) GDPR serves as the
legal basis. This also applies to processing operations that are necessary to
carry out pre-contractual measures. Insofar
as the processing of personal data is necessary to fulfil a legal obligation to
which our company is subject, Art. 6 para. 1 lit. c) GDPR serves as the legal
basis. If
vital interests of the data subject or another natural person require the
processing of personal data, Art. 6 para. 1 lit. d) GDPR serves as the legal
basis. If
processing is necessary to safeguard a legitimate interest of our company or a
third party and if the interests, fundamental rights, and freedoms of the data
subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f)
GDPR serves as the legal basis for processing.
3.
Data
deletion and storage duration
The personal data
of the data subject will be deleted or blocked as soon as the purpose of
storage ceases to apply. Storage may also take place if this has been provided
for by the European or national legislator in EU regulations, laws, or other
provisions to which the person responsible is subject. The data will also be
blocked or deleted if a storage period prescribed by the standards expires
unless there is a need for further storage of the data for the conclusion or
fulfilment of a contract.
IV.
Contact
form and e-mail contact
1.
Description
and scope of data processing
There is a
contact form on our website, which can be used to contact us electronically. If
a user makes use of this option, the data entered in the input mask will be
transmitted to us and stored. These data are: (1)
Topic (2)
Land (3)
Email (4)
Message (5)
Forename (6)
Surname (7)
Street (only for topic: Customer
service; no required field) (8)
Postcode (only for topic: Customer
service; no mandatory field) (9)
Location (only for topic: customer
service; no mandatory field) (10)
Telephone
(only for topic: customer service; no mandatory field) (11)
Tyre
model (only for topic: Customer service; no mandatory field) (12)
Mileage
(only for topic: customer service; no mandatory field) (13)
Hose
(only for topic: customer service; no mandatory field) (14)
Products
(only for topic: customer service; no mandatory field) (15)
Date
of purchase (only for topic: Customer service; no mandatory field) (16)
Purchased
from (only for topic: Customer service; no required field) (17)
Receipt
available (only for topic: Customer service; no mandatory field) (18)
Photo
upload (only for topic: customer service; no mandatory field; max. 3 photos) At the time of
sending the message, the following data is also stored: (1)
The
IP address of the user (2)
Date
and time of registration For the processing
of the data, your consent is obtained as part of the sending process and
reference is made to this data protection declaration. Alternatively,
it is possible to contact us via the e-mail address provided. In this case, the
user's personal data transmitted with the e-mail will be stored. In this
context, the data will not be passed on to third parties. The data are used
exclusively for processing the conversation.
2.
Legal
basis for data processing
The
legal basis for the processing of the data is Art. 6 para. 1 lit. a) GDPR. The legal
basis for the processing of data transmitted while sending an e-mail is Art. 6
para. 1 lit. f) GDPR. If the e-mail contact is aimed at concluding a contract,
the additional legal basis for the processing is Art. 6 para. 1 lit. b) GDPR.
3.
Purpose
of data processing
The
processing of personal data from the input mask serves us solely to process the
contact. In the case of contact by e-mail, this also constitutes the necessary
legitimate interest in the processing of the data. The other
personal data processed during the sending process serve to prevent misuse of
the contact form and to ensure the security of our information technology
systems.
4.
Duration
of storage
The data
will be deleted as soon as they are no longer necessary to achieve the purpose
for which they were collected. For the personal data from the input mask of the
contact form and those sent by e-mail, this is the case when the respective
conversation with the user has ended. The conversation is terminated when it
can be inferred from the circumstances that the facts in question have been
conclusively clarified. The
additional personal data collected during the sending process will be deleted
after a period of one day at the latest.
5.
Possibility
of objection and removal
The user
has the possibility to revoke his consent to the processing of personal data at
any time. If the user contacts us by e-mail, he can object to the storage of
his personal data at any time. In such a case, the conversation cannot be
continued. All
personal data stored while contacting us will be deleted in this case.
V.
Rights
of the data subject
If your personal data is processed, you are a data
subject within the meaning of the GDPR and you have the following rights
vis-à-vis the controller:
1.
Right
You may request
confirmation from the controller as to whether personal data concerning you is
being processed by us. If such
processing exists, you can request information from the controller about the
following information: (1) the purposes for which the
personal data are processed; (2) the categories of personal
data being processed; (3)
the recipients or categories of recipients to whom the personal data concerning
you have been or will be disclosed; (4)
the planned duration of storage of the personal data concerning you or, if
specific information on this is not possible, criteria for determining the
storage period; (5)
the existence of a right to rectification or erasure of personal data
concerning you, a right to restriction of processing by the controller or a
right to object to such processing; (6) the existence of a right of
appeal to a supervisory authority; (7)
all available information as to the source of the data, where the personal data
are not collected from the data subject; (8)
the existence of automated decision-making, including profiling, pursuant to Art.
22 (1) and (4) GDPR and, at least in those cases, meaningful information about
the logic involved, as well as the significance and envisaged consequences of
such processing for the data subject. You have the
right to request information as to whether the personal data concerning you is
transferred to a third country or to an international organization. In this
context, you may request the appropriate guarantees pursuant to Art. 46 GDPR in
connection with the transmission.
2.
Right
to rectification
You have a right
to rectification and/or completion vis-à-vis the controller if the personal
data processed concerning you is incorrect or incomplete. The controller must
make the correction without delay.
3.
Right
to restriction of processing
Under the
following conditions, you may request the restriction of the processing of
personal data concerning you: (1)
if you contest the accuracy of the personal data concerning you for a period that
enables the controller to verify the accuracy of the personal data; (2)
the processing is unlawful, and you oppose the erasure of the personal data and
instead request the restriction of the use of the personal data; (3)
the controller no longer needs the personal data for the purposes of the
processing, but you need them to assert, exercise or defend legal claims, or (4)
if you object to processing pursuant to Art. 21 (1) GDPR and it has not yet
been determined whether the legitimate reasons of the controller outweigh your
reasons. If the processing
of personal data concerning you has been restricted, these data may only be
processed – except for their storage – with your consent or for the
establishment, exercise, or defense of legal claims or for the protection of
the rights of another natural or legal person or for reasons of important
public interest of the Union or of a Member State. If the
restriction of processing has been restricted in accordance with the
above-mentioned conditions, you will be informed by the controller before the
restriction is lifted.
4.
Right
to erasure
a)
Obligation
to delete
You may obtain
from the controller the erasure of personal data concerning you without undue
delay and the controller is obliged to erase such data without undue delay if
one of the following reasons applies: (1)
The personal data concerning you are no longer necessary for the purposes for
which they were collected or otherwise processed. (2)
You revoke your consent, on which the processing pursuant to Art. 6 para. 1 lit.
a) or Art. 9 para. 2 lit. a) GDPR, and there is no other legal basis for the
processing. (3)
They lay in accordance with Art. 21 (1) GDPR and there are no overriding
legitimate reasons for the processing, or you submit acc. Art. 21 (2) GDPR. (4) The personal data concerning
you have been unlawfully processed. (5)
The deletion of personal data concerning you is necessary for compliance with a
legal obligation under Union law or the law of the Member States to which the
controller is subject. (6) The personal data concerning you have been
collected in relation to the offer of information society services pursuant to Art.
8 (1) GDPR.
b)
Information
to third parties
If the person
responsible has made the personal data concerning you public and he is obliged
pursuant to Art. 17 (1) GDPR, taking into account available technology and the
cost of implementation, shall take reasonable steps, including technical
measures, to inform controllers processing the personal data that you, as the
data subject, request the erasure of any links to, or copy or replication of,
those personal data.
c)
Exceptions
The right to
erasure does not exist if processing is necessary (1) to exercise the right to
freedom of expression and information; (2)
for compliance with a legal obligation which requires processing under Union or
Member State law to which the controller is subject or for the performance of a
task carried out in the public interest or in the exercise of official
authority vested in the controller; (3)
for reasons of public interest in the field of public health pursuant to Art. 9
para. 2 lit. h) and i) as well as Art. 9 (3) GDPR; (4)
for archiving purposes in the public interest, scientific or historical
research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar
as the right referred to in section a) is likely to render impossible or
seriously impair the achievement of the objectives of such processing, or (5) to assert, exercise or defend
legal claims.
5.
Right
to information
If you have
asserted your right to rectification, erasure, or restriction of processing
vis-à-vis the controller, the controller is obliged to inform all recipients to
whom the personal data concerning you have been disclosed of this rectification
or erasure of the data or restriction of processing, unless this proves
impossible or involves disproportionate effort. You have the
right vis-à-vis the controller to be informed about these recipients.
6.
Right
to data portability
You have the
right to receive the personal data concerning you, which you have provided to
the controller, in a structured, commonly used, and machine-readable format. In
addition, you have the right to transmit this data to another controller
without hindrance from the controller to whom the personal data have been
provided, provided that: (1)
the processing based on consent pursuant to Art. 6 para. 1 lit. a) GDPR or Art.
9 para. 2 lit. a) GDPR or on a contract acc. Art. 6 para. 1 lit. b) GDPR and (2) the processing is carried out
by automated means. In exercising
this right, you also have the right to have the personal data concerning you
transmitted directly from one controller to another, insofar as this is
technically feasible. The freedoms and rights of other persons must not be
adversely affected by this. The right to data
portability does not apply to the processing of personal data necessary for the
performance of a task carried out in the public interest or in the exercise of
official authority vested in the controller.
7.
Right
to object
You have the
right, for reasons arising from your particular situation to object at any time
to the processing of personal data concerning you, which is based on Art. 6 para.
1 lit. e) or f) GDPR; this also applies to profiling based on these provisions. The controller
shall no longer process the personal data concerning you unless he can
demonstrate compelling legitimate grounds for the processing which override
your interests, rights, and freedoms, or for the establishment, exercise or defense
of legal claims. If the personal
data concerning you are processed for direct marketing purposes, you have the
right to object at any time to the processing of personal data concerning you
for the purpose of such advertising; this also applies to profiling to the
extent that it is associated with such direct marketing. If you object to
processing for direct marketing purposes, the personal data concerning you will
no longer be processed for these purposes. In connection
with the use of information society services, and notwithstanding Directive
2002/58/EC, you have the possibility to exercise your right to object by
automated means using technical specifications.
8.
Right
to revoke the declaration of consent under data protection law
You have the
right to revoke your declaration of consent under data protection law at any
time. The revocation of consent does not affect the legality of the processing
carried out based on the consent until the revocation.
9.
Automated
individual decision-making, including profiling
You have the
right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects concerning you or similarly
significantly affects you. This provision shall not apply where the decision (1)
is necessary for the conclusion or performance of a contract between you and
the controller, (2)
is permitted by Union or Member State law to which the controller is subject,
and which also lays down suitable measures to safeguard your rights and
freedoms and legitimate interests, or (3) with your express consent. However, these
decisions may not be based on special categories of personal data pursuant to Art.
9 (1) GDPR, unless Art. 9 para. 2 lit. a) or g) GDPR applies and appropriate measures
have been taken to protect your rights and freedoms as well as your legitimate
interests. Regarding the
cases referred to in (1) and (3), the controller shall implement suitable
measures to safeguard your rights and freedoms and legitimate interests, at
least the right to obtain human intervention on the part of the controller, to
express his or her point of view and contest the decision.
10.
Right
to lodge a complaint with a supervisory authority
Without prejudice
to any other administrative or judicial remedy, you have the right to lodge a
complaint with a supervisory authority, in particular in the Member State of
your habitual residence, place of work or place of the alleged infringement, if
you believe that the processing of personal data concerning you infringes the GDPR. The supervisory
authority to which the complaint has been lodged shall inform the complainant
of the status and results of the complaint, including the possibility of a
judicial remedy pursuant to Art. 78 GDPR.