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.


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