Autodienst Hoppegarten - Sale of cars, transporters, trucks, trailers and semi-trailers

Data protection declaration according to the GDPR

I. Name and address of person responsible
The person responsible 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 provisions is:
Autodienst Hoppegarten GmbH
Neuer Hönower Weg 3
15366 Hoppegarten
Germany
Phone: +49 3342 2488 0
E-Mail: info(at)autodienst-hoppegarten.de
Website: www.autodienst-hoppegarten.de

Name and address of the data protection officer
The data protection officer of the responsible person is:

Jost Spicher
MB Concept GmbH
Hofstraße 13
52499 Baesweiler
Germany
Phone: +49 2401 3992181
E-Mail: spicher(at)mbkonzept.de

General information about data processing
1. scope of the processing of personal data
We process the personal data of our users only to the extent necessary to provide a functioning website 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 those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

Legal basis for the processing of personal data
Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
Art. 6 para. 1 lit. b GDPR serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
If 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.
In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as a legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first interest, Art. 6 para. 1 lit. f GDPR shall serve as the legal basis for the processing.

Data erasure and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

Deployment of the website and creation of logfiles
1. description and scope of data processing
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer. The following data are collected:
(1)  information about the browser type and the used version
(2)  The operating system of the user
(3)  The internet service provider of the user
(4)  The abbreviated IP address of the user
(5)  date and time of access
(6)  Websites from which the user's system accesses our Website The data is also stored in the log files of our system. These data will not be stored together with other personal data of the user.

Legal basis for data processing 
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

Purpose of data processing
The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

Storage duration
If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

Opportunity to object and to remove
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, the user has no right of objection. 

Use of Cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. 
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. 
The following data is stored and transmitted in the cookies:
(1) Check of the contact form
(2) Log-in information
In addition, we use cookies on our website which enable us to analyse the surfing behaviour of our users. 
In this way the following data can be transmitted:
(1) Frequency of page views
(2) Use of website functions
The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the user. When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this privacy statement. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.
When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context there is also a reference to this data protection declaration. 

b) Legal basis for data processing 
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR.
if the user has given his consent.

c) Purpose of data processing
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

e) Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

Contact form and e-mail contact
1. description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and saved.

At the time the message is sent, the following data is also stored:
(1) The IP address of the user
(2) Date and time of use
Your consent will be obtained for the processing of the data within the scope of the sending process and reference will be made to this data protection declaration.

Alternatively, you can contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored. 

The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.

Legal basis for data processing 
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR.
if the user has given his consent.
The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

Purpose of data processing
The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. If you contact us by e-mail, this will also constitute 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.

Storage duration
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 concerned have been conclusively clarified.

Opportunity to object and to remove
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 in the course of contacting us will be deleted in this case.

Web analysis by Matomo (formerly PIWIK)
1. scope of the processing of personal data
On our website we use the open source software tool Matomo (formerly PIWIK) to analyze the surfing behavior of our users. The software sets a cookie on the user's computer (for cookies see above). If individual pages of our website are accessed, the following data is stored:
(1) Two bytes of the IP address of the calling system of the user
(2) The website called up
(3) The website from which the user has accessed the called website (referrer)
(4) The subpages that are accessed from the accessed web page
(5) The time spent on the website
(6) Frequency of a call of a site
The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. A passing on of the data to third parties does not take place. The software is set so that the IP addresses are not stored completely, but 2 bytes of the IP address are masked (e.g. 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.

2. legal basis for the processing of personal data
The legal basis for the processing of users' personal data is Art. 6 para. 1 lit. f GDPR.

Purpose of data processing
The processing of users' personal data enables us to analyse the surfing behaviour of our users. By evaluating the data collected, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. In these purposes our legitimate interest also lies in the processing of data in accordance with Art. 6 Para. 1 lit. f GDPR. By anonymizing the IP address, the interest of the user in its protection of personal data is sufficiently taken into account.

Storage duration
The data will be deleted as soon as they are no longer needed for our recording purposes. 
In our case this is the case after 30 days.

Possibility of objection and removal
Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent. Further information on the privacy settings of the Matomo software can be found at the following link: matomo.org/docs/privacy/.

Rights of the person affected
If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

1. right to information
You may request confirmation from the person responsible as to whether personal data concerning you will be processed by us. In the event of such processing, you may request information from the data controller on the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that will be processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed
(4) the planned duration of the storage of the personal data concerning you or, if this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the 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) any available information on the source of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved as well as the scope and intended effects of such processing for the data subject. You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

Light to correction 
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The person in charge must carry out the rectification immediately.
Your right to rectification may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

Right to restrict processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time that allows the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the justified reasons of the data controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending legal rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above requirements, you will be informed by the person responsible before the restriction is lifted. Your right to limit the processing may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

Right to deletion
a) Deletion obligation
You may ask the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately 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 processed in any other way. (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 was based and there is no other legal basis for the processing.
(3)  You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR. 
(4) The personal data concerning you have been processed unlawfully. 
(5) The deletion of personal data concerning you is necessary in order to fulfil a legal obligation under Union law or the law of the Member States to which the person responsible is subject. (6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

Exceptions
The right to deletion does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information; (2) to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject, or to perform 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 para. 3 GDPR;
(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, to the extent that the law referred to in Section a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, cancellation or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis the person responsible to be informed of these recipients.

right to data transferability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate these data to another responsible person without being hindered by the responsible person to whom the personal data have been provided, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. A DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) processing is carried out using automated procedures.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be impaired by this.
The right to data transfer 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 data controller.

Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e or f GDPR; this also applies to any profiling based on these provisions. The controller will no longer process the personal data concerning you unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
. If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising. If you object to the processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for these purposes. You have the possibility to exercise your right of objection in relation to the use of Information Society services - notwithstanding Directive 2002/58/EC - through automated procedures using technical specifications.
You also have the right, for reasons arising from your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 GDPR. Your right of objection may be limited to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and that the limitation is necessary for the fulfilment of the research or statistical purposes.

Right to revoke the data protection declaration of consent
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke your consent.

Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision 
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is authorised by legislation of the Union or of the Member States to which the person responsible is subject and that that legislation contains adequate measures to safeguard your rights and freedoms and your 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 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With respect to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view and to contest the decision.

Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State in which you are staying, at your place of work or at the place where the alleged infringement is alleged, if you consider that the processing of your personal data is in breach of the GDPR. The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.