Data Privacy Statement

Thank you for visiting our website. Your visit will result in personal data; these will only be processed by us to the extent necessary to provide a functioning website and 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.

We process all your personal data in accordance with the requirements of the EU Data Protection Basic Regulation (DSVGO) and all other statutory data protection provisions; you will find all the necessary explanations in detail below.

Responsible authority in the sense of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

AS-4-CARS GmbH
CEO Andreas Stute
Pappelallee 28
D-22089 Hamburg

Telefon: 0049-40-373617
E-Mail: info@as-4-cars.com

1 – Legal basis for the processing of personal data

When processing personal data, for which we obtain the consent of the data subject, Art. 6 Para. 1 lit. a of the EU Data Protection Basic Regulation (DSGVO) serves as the legal basis. 6 Para. 1 lit. b DSGVO serves as the legal basis for the processing of personal data, which is necessary for the fulfilment of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures.In the processing of personal data that is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.In the event that vital interests of the person concerned or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first interest, Art. 6 para. 1 lit. d DSGVO serves as the legal basis for the processing.

2 – Duration of data storage and deletion

As soon as the purpose of the data storage no longer applies, the personal data concerned shall be deleted or blocked, unless the continued storage is prescribed by national or European legislation to which the data controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless further storage is still necessary for the conclusion or performance of a contract.

3 – Type and time of storage of personal data

a) Visiting our website

Each time you visit our website, our system automatically collects the following data and information from the calling computer’s system:

– information about the browser type and the version used
– the user’s operating system
– the Internet service provider of the user
– the IP address of the user
– date and time of access
– websites from which the user’s system accesses our website
– websites accessed by the user’s system through our website

The data is also stored in the log files of our system. These data are not stored together with other personal data of the user. The legal basis for this temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. The log file is stored 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 pursuant to Art. 6 para. 1 lit. f DSGVO.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. 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.

The collection of data for the provision of the website and the storage in log files is mandatory for the operation of the website. There is therefore no possibility for the user to object.

b)   The use of Cookies

Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s system when a user accesses a website. This cookie contains a characteristic string of characters that uniquely identifies the browser when the user visits the site 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:

– language settings
– login information
– shopping cart information

The user data collected by technically necessary cookies are not used to create user profiles.

In addition, we use cookies which enable an analysis of the surfing behaviour of the users. In this way, the following data can be transmitted which relate exclusively to the surfing behaviour on our website:

– Entered search terms
– Frequency of page views
– 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. The analysis of the pseudonymised data stored in the cookie gives us information about the use of our website and thus enables us to constantly optimise our offer.

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, a reference is also made to this data protection declaration.

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.

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.

c)   Contact form and e-mail contact

On our website we offer various forms which can be used for electronic contact. In addition, it is possible to contact us via the e-mail address provided. If a user makes use of this possibility, the data entered in the input mask of the contact form or in the form of the e-mail program used by the user will be transmitted to us and stored. These data are:

– e-mail address of the sender/user
– subject
– the request described, e.g. the desired rental period
– possibly attached data such as pictures etc.

In addition – depending on the form used – the following data will be transmitted and stored by us:

– company
– salutation and name
– telephone number

At the time the message is sent, the following data will also be stored:

– the IP address of the user
– date and time of access

For the processing of the data from the contact form in the context of the dispatch procedure your consent is obtained and referred to this data security explanation. 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 only be used to respond to your request. The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of an e-mail is Art. 6 para. 1 lit. f DSGVO. 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 DSGVO.

The data will be deleted as soon as they are no longer required 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 relevant facts have been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

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.

The revocation of the consent takes place on the same way as the original establishment of contact, i.e. by message over the contact form or by E-Mail. In this case, all personal data stored in the course of establishing contact will be deleted.

d)   Analysis tool from Matomo (formerly PIWIK)

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:

– two bytes of the IP address of the user’s calling system
– the website accessed
– the website from which the user accessed the called website (referrer)
– the subpages called from the called web page
– the time spent on the website
– frequency of a call of a site
– date and time of the call

The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. The data will not be passed on to third parties.

The legal basis for the processing of users’ personal data is Art. 6 para. 1 lit. f DSGVO.

The processing of users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on 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 DSGVO. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.

The data are deleted as soon as they are no longer needed for our recording purposes.

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 already stored
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 under the following link: https://matomo.org/docs/privacy/.

e)   Google Maps

We integrate the maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. On our website, a bar with a button is displayed at the place intended for the plugin as governor. Only when this button is clicked by the user of the website is the Facebook plug-in loaded; at the same time, by clicking on the button, the user grants permission to process the personal user data.

The processed data may include in particular the IP addresses and location data of the users, which, however, are not collected without their consent (usually within the framework of the settings of their mobile devices). The data may be processed in the USA.

You can find the Google Privacy Policy via the following link: https://www.google.com/policies/privacy/.

You can find an option to make settings via opt-out via the following link: https://adssettings.google.com/authenticated.

f)      Your rights as a user

1. Right to information

You may request confirmation as to whether personal data concerning you will be processed by us. If such processing exists, you can request information on the following information:

– The purposes for which personal data is processed
– The categories of personal data that will be processed
– The recipients or categories of recipients to whom the information about you has been or will be disclosed
– The planned duration of the storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of the storage
– 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
– The existence of a right of appeal to a supervisory authority
– All available information about the origin of the data, if the personal data are not collected from the data subject
– The existence of automated decision-making including profiling in accordance with Article 22(1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on 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 DSGVO in connection with the transfer.

2. Right to rectification

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 data controller must carry out the rectification immediately.

3. Right to limitation of processing

You may request that the processing of your personal data be restricted if

– you dispute the accuracy of the personal data concerning you for a period of time which allows the data controller to verify the accuracy of the data
– the processing is unlawful and you request the restriction of its use instead of the deletion of the data
– 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.
– you have objected to the processing pursuant to Art. 21 para. 1 DSVGO and it has not yet been established whether the justified reasons of the responsible party 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 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 limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to deletion

(a) Deletion obligation

You may request 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:

– The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
– You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.
– You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 (2) DSGVO.
– The personal data concerning you have been processed unlawfully.
– The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
– The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.

(b) 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 (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.

(c) Exceptions

The right to deletion does not exist if the processing is necessary.

– on the exercise of freedom of expression and information;
– to fulfil a legal obligation which processing is subject to 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;
– for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
– for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under section a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
– to assert, exercise or defend legal claims.

5. 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 such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of such recipients by the data controller.

6. 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 data controller without being hindered by the controller to whom the personal data was provided, provided that

– the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
– 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 transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected 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 controller.

7. Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The person responsible 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 to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time 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 marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

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 your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

9. 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

– is necessary for the conclusion or performance of a contract between you and the person responsible,
– is authorised by legislation of the Union or of the Member States to which the person responsible is subject and contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
– with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his own position and to challenge the decision.

10. Right of appeal 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 of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.

The supervisory authority with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

 

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