Data Protection Declaration

ACPS Automotive GmbH

Name and contact details of controller pursuant Article 4(7) General Data Protection Regulation (GDPR)
Company: ACPS Automotive GmbH
Address: Steinbeisstrasse 6, 71706 Markgröningen, Germany
Phone: +49 7145 9350-0
Fax: +49 7145 9350-239
e-Mail: info@acps-automotive.com

Data Protection Officer
Name: Friedemann Schmieg
Address: ACPS Automotive GmbH, Steinbeisstraße 6, 71706 Markgröningen, Germany
e-Mail: dpo@acps-automotive.com

Safety and Protection of Personal Data

Our primary task is to maintain confidentiality of any personal data provided and to protect such from unauthorized access. Therefore, we use utmost care and the latest security standards to ensure maximum protection of personal data.

As a private-law company, we are subject to the provisions of the General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that we as well as our external service providers comply with any and all Data Protection Regulation.

Definitions
The legislator requires personal data to be processed lawfully, in good faith and in a manner that the data subject understands (‘lawfulness, fairness, transparency’). In order to do so, we would like to provide a description of the legal terms, which are also used in this privacy statement:

1. Personal Data
‘Personal data’ means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'). Deemed identifiable is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as name, identification number, location data, online-identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

2. Processing
‘Processing’ means any operation or set of operations which is carried out in relation to personal data, whether or not by automated means, such as collection, recording, organization, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, deletion or destruction.

3. Restriction of Processing
‘Restriction of Processing’ means the marking of stored personal data with the aim of limiting its future processing.

4. Profiling
‘Profiling’ means any automated processing of personal data consisting of the use of such personal data for the evaluation of certain personal aspects relating to a natural person. In particular to analyze or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

5. Pseudonymization
‘Pseudonymization’ means the processing of personal data in such a manner that it may no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data cannot be attributed to an identified or identifiable natural person.

6. Filing system
‘Filing system' means any structured set of personal data accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.

7. Controller
‘Controller’ means a natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of processing of personal data; where purposes and means of such processing are laid down by Union law or law of the Member States, the controller or the specific criteria for his designation are provided for by Union or Member State law.

8. Processor
‘Processor’ means a natural or legal person, public authority, agency or other body processing personal data on behalf of the controller.

9. Recipient
‘Recipient’ means a natural or legal person, public authority, agency or other body to which personal data is disclosed regardless of being a third party or not. However, authorities which may receive personal data in the framework of any particular inquiry in accordance with Union or Member State law shall not be considered a recipient. Processing of such data by these authorities shall be in compliance with applicable Data Protection Regulations according to the purposes of the processing.

10. Third party
'Third party' means a natural or legal person, public authority, agency or other body - other than the data subject, the controller, the processor and the persons who, under direct authority of the controller or the processor- is authorized to process the personal data.

11. Consent
Data subject's 'consent' means any freely given, informed and unambiguous indication of the data subject wishes in the particular case, in the form of a statement or other clear affirmative action, by which the data subject indicates its consent to the processing of its personal data.

Lawfulness of Processing

The processing of personal data shall only be deemed lawful if a legal basis for such processing exists. Legal bases for processing according to Article 6 (1) lit. a - f GDPR may be:

a. the data subject giving consent to the processing of its personal data for one or more specific purposes;
b. processing being necessary for contractual performance which the data subject is party to or for the implementation of pre-contractual measures requested by data subject;
c. processing being necessary to fulfil a legal obligation which the controller is subject to;
d. processing being necessary to protect vital interests of the data subject or another natural person;
e. processing being necessary for the performance of any task carried out in the public interest or exercise of official authority vested in the controller;
f. processing being necessary to safeguard legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail, in particular where the data subject is a child.

Information regarding Collection of Personal Data

(1) Please find below information regarding the collection of personal data when using our website. Deemed personal data is name, address, e-Mail-address and user behavior for example.

(2) Data such as e-Mail-address, possibly name and telephone number provided when contacting us by e-Mail or contact form will be stored in order to answer any inquiry submitted. Data collected in this respect will be deleted upon storage no longer being required, or processing being restricted in case of legal obligations to retain data.

Collection of Personal Data when visiting our Website
The only personal data collected when using the website for informational purposes, without registration or other provision of any information for example, is such data the browser transmits to the server. When wishing to view the website, the following data - which is technically required to display the website and guarantee its stability and security - is collected (Legal basis: Art. 6(1) p. 1 lit. f GDPR):

  • IP-address
  • date and time of request
  • difference in time zone to Greenwich Mean Time (GMT)
  • content of request (specific page)
  • access status/HTTP-status code
  • data transmitted in each case
  • website making the request
  • browser
  • operating system and its user-interface
  • language and version of browser software.

Utilization of Cookies
(1) In addition to aforementioned data cookies are stored on a computer when visiting our website. Cookies are small text files that are stored on the computer’s hard drive and are assigned to the browser used. Through this certain information is provided to the entity that sets such a cookie. Cookies are unable to execute programs and do not contain malware. Cookies help us to make our internet services user friendlier and more effective.

(2) This website uses different types of cookies, scope and functionality of which are explained below:

  • transient cookies (see a.)
  • persistent cookies (see b.)

a. Transient cookies, including - in particular - session cookies , are automatically deleted when the browser is closed. Session cookies store a so-called session-ID, which can be used to assign various requests from a specific browser to the joint session, thereby recognizing a particular computer when the user returns to our website. Session cookies are deleted when user logs out or closes the browser.

b. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. Cookies may be deleted in the security settings of a browser at any time.

c. Browser settings may be configured to suit individual needs and may be set to refuse third-party or all cookies. So-called 'Third Party Cookies' are cookies set by a third party, therefore, not by the website currently accessed. We would like to point out that by deactivating cookies users may not be able to use all features of this website.

Additional Features and Range of our Website
(1) Beside purely informational use of the website, various services can be used, if of interest. For this purpose, further personal data - which is used to provide respective service and to which aforementioned data processing principles apply - is required.

(2) To some extent we use external service providers to process data collected. Such external service providers have been carefully selected, commissioned, are bound by specifically issued instructions and are regularly monitored.

(3) Personal data may also be disclosed to third parties in case of promotions, sweepstakes, contracts or similar services in cooperation with partners. Further information is disclosed upon submission of personal data or at the end of the offer description.

(4) In case of any service provider or partner having its registered office in countries outside the European Economic Area (EEA), all relevant information about any consequence of this circumstance is provided in the offer description.

Using the Key order Feature

(1) For orders via the web shop, it is necessary to enter personal data as it is required to process respective order for the conclusion of contract. Mandatory information for the execution of contracts is marked accordingly, further information is provided voluntarily. We process personal data for the execution of an order. To this end we may pass on payment details provided to our principle bank (Legal basis: Art. 6 (1) S. 1 lit. b GDPR).

(2) Due to commercial and tax law provisions data such as address, payment and order data are compulsorily stored for a period of ten years. However, processing will be restricted after two years so that data is only used to comply with statutory obligations.

(3) To prevent unauthorized access to personal data by third parties, in particular financial data, the order process is encrypted by TLS technology.

Children

Our service/s is/are solely aimed at adults. Persons under the age of 18 should not transmit any personal data without consent by parents or legal guardians.

Rights of Data Subject

(1) Revocation of Consent
If processing of personal data is based on given consent, such consent may be revoked at any time. Revocation of consent does not affect the lawfulness of processing carried out on the basis of the consent given up to the time of revocation.

To exercise the Right to Revocation, please contact us at any time.

(2) Right to Confirmation
Any person has the right to request confirmation from the controller as to whether personal data relating to such person is being processed. Please use above contact details in order to request confirmation at any time.

(3) Right to Disclosure
If personal data is processed, information about such personal data and the following information can be requested at any time:

a. purpose(s) of processing;
b. categories of personal data being processed;
c. recipients or categories of recipients to whom personal data has been or will be disclosed, in particular recipients in third countries or international organizations;
d. if possible, planned duration for storage of personal data or, if not possible, criteria for specification of this duration;
e. existence of a Right to Rectification or deletion of respective personal data concerned or restriction of processing by the controller or Right to Objection to such processing;
f. existence of a Right to Appeal to a supervisory authority;
g. if personal data is not collected from respective data subject, available information as to the data source;
h. existence of automated decision making, including profiling, pursuant Article 22(1) and (4) GDPR and, at least in these cases, conclusive information on logic involved as well as scope and intended impact of such processing on data subject.

If personal data is being transferred to a third country or an international organization, data subjects have the right to be informed of appropriate safeguards relating to such transfer pursuant Article 46 GDPR. A copy of the personal data which is subject to processing shall be provided. Any further copies requested, will be issued against a reasonable fee based on administrative costs. If an application is being submitted electronically, such information shall be made available in a common electronic format, unless otherwise specified. The right to receive a copy pursuant Sub-article 3 shall not prejudice any rights and freedoms of others.

(4) Right to Amendment
Any data subject shall have the right to demand immediate correction of its inaccurate personal data. Allowing for purposes of processing, data subjects have the right to request - also by means of a supplementary declaration - the completion of inaccurate personal data.

(5) Right to Deletion (‘Right to be forgotten’)
Data subjects have the right to request immediate deletion of respective personal data of the controller and such personal data shall be deleted immediately if any of the following reasons apply:

a. personal data is no longer necessary for the purposes it was collected for or otherwise processed.
b. data subject has revoked consent on which processing was based pursuant Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for such processing.
c. data subject objects to any processing pursuant Article 21(1) GDPR and there are no primary legitimate reasons for the processing, or the data subject objects to the processing pursuant Article 21(2) GDPR.
d. personal data has been processed unlawfully.
e. deletion of personal data is necessary to fulfil any legal obligation pursuant Union or respective Member State law which controller is subject to.
f. personal data was collected relating to services offered by the information society pursuant Article 8(1) GDPR.

Where the controller has made personal data public and is obliged to delete such data pursuant Sub-article 1, reasonable measures, including technical ones, shall be taken to inform data controllers processing such personal data about a data subject having requested to delete all links to, copies or replications of such personal data, taking into account available technology and implementation costs.

The Right to Deletion ('Right to be forgotten') does not apply insofar as the processing is necessary:

  • to exercise freedom of expression and information;
  • to fulfil any legal obligation which the processing requires under Union or Member State law which the controller is subject to or processing being necessary for the performance of any task carried out in the interest of the public or in exercising official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant Article 9(2)(h) and (i) and Article 9(3) GDPR;
  • for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant Article 89(1) GDPR, where the law referred to in Sub-article 1 is likely to render impossible any achievement of the purpose of such processing, or seriously disrupts it, or
  • to assert, exercise or defend legitimate claims.

(6) Right to Restriction of Processing
Any data subject shall have the right to demand restriction of processing of personal data if:

a. accuracy of personal data is contested by data subject for a period that allows the data controller to verify accuracy of such personal data;
b. processing is unlawful and the data subject refuses deletion of personal data and requests restriction of use of such personal data instead;
c. controller no longer needs personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defense of legitimate claims, or
d. data subject has objected to the processing pursuant Article 21(1) GDPR until it is established whether the controller's legitimate reasons outweigh those of the data subject.

If processing has been restricted pursuant the conditions stated above, such personal data shall - besides its storage - not be processed, except with the consent of the data subject or for the assertion, exercise or defense of legal claims or the protection of rights of another natural or legal person or reasons of substantial public interest of the Union or a Member State.

In order to exercise the Right to Restriction of Processing, data subjects may contact controller at any time using the contact details provided above.

(7) Right to Data Transfer
Data subject shall have the right to obtain relevant personal data provided in a structured, common and machine-readable format and the right to communicate such data to another controller without obstruction by the controller to whom personal data was provided, if:

a. processing was based on consent pursuant Article 6(1)(a) or Article 9(2)(a) GDPR or a contract according to Article 6(1)b GDPR and

b. such processing occurs by automated processes.

By exercising the Right to Data Transfer referred to in Sub-article 1, data subject shall have the right to seek direct transfer of personal data from one controller to another, in as far as this is technically feasible. Exercising the Right to Data Transfer does not affect the Right to Deletion ('Right to be forgotten'). Such right shall not apply to processing being necessary for the performance of any task carried out in the public interest or in exercising official authority vested in the controller.

(8) Right to Objection

Data subjects shall have the right to file an objection to the processing of their personal data pursuant Article 6(1)(e) or (f) GDPR, for reasons related to its particular situation including profiling based on those provisions, at any time. The controller shall no longer process personal data unless such controller can prove compelling legitimate grounds for the processing which outweigh interests, rights and freedoms of the data subject or processing is for the assertion, exercise or defense of legitimate claims.

If personal data is processed for direct marketing purposes, data subjects shall have the right to object to processing of such personal data for the purposes of such advertising, including profiling, in so far as it is connected with such direct marketing at any time. If data subject objects to processing for purposes of direct marketing, personal data will no longer be processed for such purposes.

In connection with the use of services by the information society , notwithstanding Directive 2002/58/EC, data subject may exercise its Right to Objection by means of automated procedures using technical specifications.

Data subjects shall have the right to object to processing of its personal data for the purposes of scientific or historical research or for statistical purposes as referred to in Article 89(1) for reasons connected with its particular situation, unless such processing is necessary for the performance of any task in the interest of the public.

The Right to Objection may be exercised by contacting the controller at any time.

(9) Automated Decision on a Case-by-Case Basis including Profiling
Data subjects shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon them or significantly affects them in a similar manner. Such shall not apply if the decision:

a. is necessary for the conclusion or performance of a contract between data subject and controller,

b. is due to legal provisions of the Union or its Member States which the controller is subject to and such legal provision contains adequate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or

c. occurs with express consent by the data subject.

The controller shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to effect intervention on behalf of the controller, to present views and challenge the decision.

Such right may be exercised by the data subject by contacting the controller at any time.

(10) Right to lodge a Complaint with Supervisory Authority
Without prejudice to any other administrative or judicial remedy, every data subject shall have the Right to lodge a Complaint with a Supervisory Authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

(11) Right to effective Judicial Remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the Right to effective Judicial Remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

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