Data protection
1. Name and contact details of the person responsible
The controller within the meaning of the EU General Data Protection Regulation (hereinafter: GDPR) and other national data protection laws of the member states as well as other data protection regulations is
Peter Brunninger
Phönix-Motors e. K.,
Kölner Strasse 265, 45481 Mülheim a.d. Ruhr, Germany
E-mail: verkauf@phoenix-motors.com
Telephone: +49 (0) 208/4668223
Fax: +49 (0) 208/4668224
2. Name and contact details of the company data protection officer
The data protection officer of the controller is
Peter Brunninger
Phönix-Motors e. K.,
Kölner Strasse 265, 45481 Mülheim a.d. Ruhr, Germany
E-mail: verkauf@phoenix-motors.com
Telephon: +49 (0) 208/4668223
Fax: +49 (0) 208/4668224
3. General information about data processing
3.1. Scope of the processing of personal data
We process your personal data only to the extent necessary to provide a functional website and our content and services, and regularly only with your consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
3.2. Legal basis for the processing of personal data
The legal basis for consent to the processing of personal data is Art. 6 para. 1 lit. a GDPR.
When processing personal data that is 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.
If the processing of personal data is necessary to fulfill 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 require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the 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 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 the processing.
3.3. Data erasure and storage duration
Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
4. Provision of the website and creation of log files
4.1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.
The following data will be collected:
- IP address of the requesting computer (anonymized),
- Date and time of access,
- Name and URL of the retrieved file,
- Website from which the access was made (referrer URL),
- browser used and, if applicable, the operating system of your computer and the name of your access provider
The data is also stored in the log files of our system. This data is not stored together with your other personal data.
4.2. 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.
4.3. Purpose of data processing
Temporary storage of the IP address by the system is necessary to enable delivery of the website to your computer. For this purpose, your IP address must remain stored for the duration of the session.
Data is stored in log files to ensure the functionality of our website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The data is not analyzed for marketing purposes or to draw conclusions about your person in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4.4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was 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 30 days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or anonymized so that it is no longer possible to identify the accessing client.4.5. Widerspruchs- und Beseitigungsmöglichkeit
Die Erfassung der Daten zur Bereitstellung der Website und die Speicherung der Daten in Logfiles ist für den Betrieb der Internetseite zwingend erforderlich. Es besteht folglich seitens des Nutzers keine Widerspruchsmöglichkeit.
5. Contact form and e-mail contact
5.1. Description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If you use this option, both the content of the mandatory fields and the optional content will be transmitted to us and stored.
Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.
Alternatively, you can contact us via the e-mail address provided. In this case, your personal data transmitted with the e-mail will be stored.
No data will be passed on to third parties in this context. The data will be used exclusively for processing the conversation.
5.2. Legal basis for data processing
If you have given your consent, 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 in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
5.3. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.
5.4. Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.
5.5. Possibility of objection and removal
You have the option of withdrawing your consent to the processing of personal data at any time. If you contact us by e-mail, you can object to the storage of your personal data at any time. In such a case, the conversation can no longer be continued.
You can inform us of the withdrawal of consent and the objection to storage via the e-mail address given in the legal notice or by telephone using the telephone number provided.
All personal data stored in the course of contacting us will be deleted in this case.
6. Plugins and Tools
6.1. Google Maps
a) Description and scope of data processing
We have integrated map material from the Google Maps service into our website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. In order to display the content in your browser, your IP address must be transmitted to Google, otherwise Google would not be able to provide you with this integrated content.
This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. If Google Maps is activated, Google may use Google Web Fonts for the purpose of uniform display of fonts. When you call up Google Maps, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
b) Legal basis for data processing
The legal basis for the processing of data is Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.
c) Purpose of data processing
The purpose and the legitimate interest arise from our need for an appealing presentation of our online offer and the easy findability of the locations indicated on our homepage. You can see at a glance where our company headquarters are located. The directions will help you find the quickest or shortest route to us.
d) Duration of storage
Google stores some data for a fixed period of time. For other data, Google only offers the option of deleting it manually. Google also anonymizes information in server logs by deleting part of the IP address after 9 or 18 months.
You can find more information on the handling of user data in Google’s privacy policy: https://policies.google.com/privacy?hl=de.
7. 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 towards the controller:
7.1. Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request the following information from the controller:
(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 envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that 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 the right to lodge a complaint with a supervisory authority
(7) all available information about the origin of the data if the personal data is not collected from the data subject
(8) the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the 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 to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
7.2. Right to rectification
You have a right to rectification and/or completion towards the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.
7.3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling 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 request the restriction of their use instead
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
(4) if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be processed 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 conditions, you will be informed by the controller before the restriction is lifted.
7.4. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based 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) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill 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 were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by 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 area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 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 that processing; or
(5) for the establishment, exercise or defense of legal claims.
7.5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify 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 a disproportionate effort.
You have the right towards the controller to be informed about these recipients.
7.6. 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. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to 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, where technically feasible. The freedoms and rights of other persons must not be 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.
7.7. Right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to 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.
You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.
7.8. Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
7.9. Automated decision in individual cases 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 does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller
(2) is authorized 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 (2) (a) or (g) GDPR 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 data 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 your point of view and to contest the decision.
7.10. Right to complain to 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 consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.