Imprint – Metz mobility

1. DEFINITION OF TERMS
This privacy policy is based on the definitions used by the European Directives and Legislators when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be comprehensible and easy to read for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this privacy policy, among others:

• Personal data: Personal data includes all information which relates to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more specific characteristics which are expressions of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
• Data subject:The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
• Processing:Processing includes any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as collection, recording, organisation, filing, saving, adaptation or amendment, reading, querying, use, publication by forwarding, distribution or any other form of provision, comparison of encoding, abbreviation, deletion or destruction.
• Restriction of processing: Restriction of processing is the identification of stored personal data in order to limit their future processing.
• Profiling: Profiling is any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
• Pseudonymisation: Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
• Data controller or party responsible for data processing: The data controller or party responsible for data processing is the natural or legal person, public authority, institution or other body which, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the data controller or the specific criteria for its designation may be provided for under Union or national law.
• Processors: A processor is a natural or legal person, authority, institution or other body who processes personal data on behalf of the data controller.
• Recipient: The recipient is a natural or legal person, public authority, institution or other body to whom personal data are disclosed, whether or not they are third parties. However, authorities which may receive personal data in the context of a specific task under Union law or Member State law, shall not be considered recipients.
• Third parties: A third party is a natural or legal person, public authority, institution or other body other than the data subject, the data controller, the processor and those authorised under the direct responsibility of the controller to process the personal data.
• Consent: Consent is any declaration or other unambiguous and informed expression of intent given voluntarily by the data subject, in the form of a declaration or other unambiguous affirmative action, in which the data subject indicates that he/she agrees to the processing of his/her personal data.

2. COLLECTION OF DATA
Our website collects various general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server log files. The following data may be collected:

1. the browser types and versions used,
2. the operating system used by the system accessing the website,
3. the website from which a system reaches our website (so-called referrers),
4. the sub-web pages accessed via a system accessing our website,
5. the date and time of access to the website,
6. the name and the URL of the file retrieved,
7. an internet protocol address (IP address),
8. the date and time of access,
9. the internet service provider of the accessing system and
10. other similar data and information used in the case of attacks on our information technology systems.

When using this general data and information, we do not draw any conclusions about the data subject. Rather, this information is required

1. in order to deliver the content of our website correctly,/li>
2. to ensure smooth connection to our website, to optimise the content of our website and its advertising,
3. to ensure the long term functionality of our information technology systems and the technology of our website, to analyse our system security and stability,
4. and to provide law enforcement agencies
5. with the information necessary for prosecution in the event of a cyber attack.

We evaluate this anonymously collected data and information both statistically and with the aim of increasing data protection and data security in our company, ultimately in order to ensure the best possible level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 para.1 sent. 1 lit. f) GDPR. Our legitimate interest arises from the stated purposes of data collection. Under no circumstances will we use the data collected for the purpose of drawing conclusions about your person.

3. DISCLOSURE OF DATA
Your personal data is never transferred to third parties for purposes other than those mentioned here, unless:

• You have given explicit consent for this pursuant to Art. 6 para. 1 sent. 1 lit. a) GDPR,
• Disclosure pursuant to Article 6 para. 1 sent. 1 lit. f) GDPR is required for establishment, exercise or defence of legal claims and there are no grounds to believe that you have an overriding interest in non-disclosure of your data,
• In the event that a legal obligation exists for the transfer pursuant to Art. 6 para. 1 sent. 1 lit. c) GDPR, or
• When this is legally permissible and is required for the processing of an expanded contractual relationship with you pursuant to Art. 6 para. 1 sent. 1 lit. b) GDPR.

4. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRCTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes in order to conclude a contract, it may be necessary that the data subject provide us with personal data, which we must subsequently process. The data subject, for example, is obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer shall clarify to the data subject whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

5. USE OF DATA UPON SUBSCRIPTION TO AN EMAIL NEWSLETTER
On our website, we offer users the opportunity to subscribe to our company newsletter. In such cases, the following applies:

We will only use your email address to send you our newsletter on a regular basis if you have provided your express consent pursuant to Art. 6 para. 1 lit. a) GDPR.

The type of personal data transferred to the data controller when you subscribe to the newsletter is determined by the input mask used for registration.

We inform our customers and business partners about the company’s offers at regular intervals by means of a newsletter. Our company newsletter may only be received by the data subject if:

1. the data subject has a valid email address, and
2. the data subject has subscribed to the newsletter.

For legal reasons, a confirmation email will be sent to the email address entered by the data subject for the first time for newsletter mailing using the double-opt-in procedure. This confirmation email is used to check whether the owner of the email address has authorised the receipt of the newsletter as the data subject.

When subscribing to the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as well as the date and time of registration, as assigned by the Internet Service Provider (ISP). The collection of this data is necessary in order to understand the (possible) misuse of a data subject’s email address at a later date, and therefore serves as a legal safeguard for the data controller.

The personal data collected in the context of registering for the newsletter shall be used exclusively to send our newsletter. Subscribers to the newsletter may also be notified by email if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter or technical changes. No personal data collected as part of the newsletter service shall be transferred to third parties.

Subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the sending of the newsletter may be revoked at any time. For the purpose of revoking consent, there is a corresponding link in each newsletter. Furthermore, it is possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the controller in a different way.

6. NEWSLETTER TRACKING
Our newsletter contains what is known as a tracking pixel. A tracking pixel is a miniature graphic embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. With the help of the embedded tracking pixel, we can detect whether and when an email was opened by a data subject and which links in the email were used by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters shall be stored and evaluated by the controller in order to optimise the delivery of newsletters and to adapt the content of future newsletters better to the interests of the data subject. This personally identifiable data shall not be passed on to third parties. Data subjects are at any time entitled to withdraw the separate declaration of consent made via the double-opt-in procedure. After withdrawal, this personal data shall be deleted by the controller. We shall automatically interpret unsubscription from the newsletter as a revocation of consent.

7. CONTACT POSSIBILITIES VIA THE WEBSITE
Due to legal regulations, our website contains information that enables the establishment of rapid electronic contact with our company as well as direct communication with us, which also includes a general address for what is known as electronic mail (email address). Insofar as the data subject contacts the data controller by email or through a contact form, the personal data provided by the data subject shall be automatically saved. Such personal data transmitted to the data controller by a data subject on a voluntary basis shall be stored for the purpose of processing or contacting the data subject. This personal data shall not be disclosed to third parties.

8. USE OF COOKIES
We use cookies on different pages in order to make our website more attractive to visitors and to facilitate the use of certain functions. Cookies are small text files which are stored on your device.

The data processed by cookies is required for the purposes stated to preserve our legitimate interests and those of third parties pursuant to Art. 6 para. 1 sent. 1 lit. f) GDPR.

Some of these cookies we use are deleted at the end of your browser session, i.e. upon closing your browser (these are known as session cookies). Other cookies remain stored on your device and allow us to recognise your browser when you next visit (persistent cookies). You can set your browser to inform you when cookies are being enabled. You can also decide whether you wish to accept them individually and whether you wish to prevent the use of cookies in certain cases or in general. The functionality of our website may be restricted if you choose not to accept cookies.

9. USE OF GOOGLE (Universal) ANALYTICS FOR WEBSITE ANALYSIS
This website uses Google (Universal) Analytics, a web analysis service operated by Google Inc. (www.google.de). Google (Universal) Analytics uses methods which facilitate an analysis of your use of the website by using such methods as cookies, which are text files that are stored on your computer. The information on your use of this website gathered by the cookie is, as a rule, transmitted to a Google server in the USA and stored there. If IP anonymisation has been activated on this website, then Google will first truncate your IP address if you are in a member state of the European Union or in other treaty states of the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. The anonymised IP address transferred from your browser as part of Google Analytics will not be merged with other data from Google.

You can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie, and also prevent the processing of this data by Google by downloading and installing the browser plug-in available via the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plug-in, you can click on this link to prevent Google Analytics from collecting any other data on this website in the future. This will then place an opt-out cookie on your device. If you delete your cookies, you will have to click on the link again.

By clicking on “this link” in the privacy policy, users have the option to set an opt-out cookie. For the opt-out cookie, a script must always be inserted in the source code before the actual Google Analytics script. You can find out how to implement this on the Google Analytics website https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable.

10. USE OF FACEBOOK SOCIAL PLUG-INS WHEN USING THE “2-CLICK SOLUTION”
Our website uses what are known as social plug-ins (“plug-ins”) from the social network, Facebook.This service is provided by Facebook Inc. (the “supplier”).

Facebook is operated by Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). You can find an overview of Facebook plug-ins and their appearance here: https://developers.facebook.com/docs/plugins/?locale=en_EN.

In order to enhance the security of your visit to our website, plug-ins are integrated into the page using the “2-click solution”. This integration guarantees that a connection to the Facebook servers is not made when you call up a page on our website containing this kind of plug-in. Your browser only makes a direct connection to the Facebook servers when you activate the plug-ins and thus give your consent to the transfer of data. The content of the plug-in is transferred directly to your browser and embedded into the site. By integrating the plug-in, Facebook receives the information that your browser has called up the corresponding page on our website, even if you do not have a Facebook profile, or are not currently logged in to Facebook. This information (including your IP address) is sent directly by your browser to a Facebook server in the USA, and stored there. If you interact with the plug-ins, for example by using the “like” or “share” buttons, the corresponding information will also be sent directly to a Facebook server and saved there. The information will also be published on your Facebook account and displayed to your contacts there. Please see the supplier’s data protection statements for the purpose and scope of the data collection, and the supplier’s further processing and use of the data, as well as your rights in this regard plus setting options to protect your privacy on Facebook at: wbs.is/rom91.

11. EMBEDDED VIDEOS AND IMAGES OF EXTERNAL WEBSITES
Some of our pages may contain embedded content from YouTube or Instagram. When you access a page from our website containing videos or pictures from our YouTube and/or Instagram channels, no personal data will be transmitted, with the exception of the IP address. In the case of YouTube, the IP address will be transferred to Google Inc., 600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”) and, in the case of Instagram, to Instagram Inc., 181 South Park Street Suite 2 San Francisco, California 94107, USA (“Instagram”).

12. NOTIFICATION OF CHANGES
Legal amendments or changes to our services or processes may make it necessary to modify this privacy policy.

We shall notify you of a change of this kind at least six weeks before it is implemented and enters into effect. You have a general right to revoke your consent (Point 6).

Please note that (insofar as you have not exercised your right of revocation) the current version of the privacy policy is the valid one.

13. UPDATE/ERASURE OF YOUR PERSONAL DATA
You have the opportunity at any time to review, change or erase the personal data provided to us by sending us an email to the email address stated at the end of this text. If you are a member with us, you can also exclude the receipt of further information in the member’s area, with future effect.

You also have the right to withdraw consent which you previously granted at any time, with effect for the future.

If you revoke your consent to the storage of your personal data, your data shall be erased.

The data controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purposes for which the data is stored, or to the extent provided for by the European guideline and regulatory body or any other legislator in laws or regulations to which the data controller is subject.

If the purpose of the storage expires or a retention period prescribed by the European directive and legislator or another competent legislator expires, the personal data shall be routinely blocked or erased pursuant to legal regulations.

14. RIGHTS OF DATA SUBJECTS
Every data subject has the right, as granted by the European directive and legislator, to request confirmation from the data controller as to whether personal data relating to him/her is being processed. If the person concerned wishes to exercise this right of confirmation, he/she may at any time contact our data protection officer or another employee of the controller.

Any data subject has the right, as granted by the European directive and legislator, to receive from the data controller at any time a copy of the personal data relating to him or her that is used (Art. 15 GDPR). In addition, the European directive and legislator grants the data subject, access to the following information:

• the purposes of processing
• the categories of personal data processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
• if possible, the planned duration for which the personal data shall be stored or, if this is not possible, the criteria for determining such duration
• the right to correction or erasure of personal data concerning the data subject or restriction of its processing by the data controller, or a right of withdrawal from such processing
• the right to lodge a complaint with a supervisory authority
• if the personal data is not collected from the data subject: all available information on the origin of the data
• the existence of automated decision making including profiling pursuant to Art. 22 para. 1 and 4 of the GDPR and, at least in these cases, meaningful information regarding the logic involved and the scope and intended effect of such processing with respect to the data subject.

The data subject also has the right to know whether personal data has been transferred to a third country or to an international organisation. In such a case, the data subject is also entitled to obtain information on the relevant guarantees in connection with the transmission.

If the person concerned wishes to exercise this right to information, he/she may at any time contact our data protection officer or another employee of the data processor.

Any data subject has the right, as granted by the European directive and legislator, to demand the immediate correction of any inaccurate personal data concerning him or her (Art. 16 GDPR). Furthermore and taking into account the purposes of processing, the data subject has the right to request that incomplete personal data be completed, with the inclusion of a supplementary declaration.

If the person concerned wishes to exercise this right of correction, he or she may at any time contact our data protection officer or another employee of the controller.

Any data subject has the right, as granted by the European directive and legislator, to demand that the data concerning him or her be erased immediately, provided that one of the following reasons applies and insofar as the data processing is not necessary (Art. 17 GDPR):

• The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
• The data subject withdraws his or her consent to the processing of personal data pursuant to Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR and there is no other legal basis for processing.
• The data subject lodges an objection against the processing of data pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for processing, or the data subject lodges an objection against the processing of data pursuant to Art. 21 para. 2 GDPR.
• The personal data was processed illegally.
• Erasure of 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 was collected in relation to the information society services offered pursuant to Art. 8 para. 1 GDPR.

If one of the above reasons is correct and a data subject wishes to arrange for the erasure of personal data stored by us, they may contact our data protection officer or another of our employees at any time. Our data protection officer or another employee will arrange that the request for erasure be fulfilled without delay.

If personal data has been made public by us and as the data controller our company is obliged to commit to the erasure of personal data pursuant to Art. 17 para. 1 GDPR , then we shall take the appropriate measures, including measures of a technical nature, taking into account the available technology and implementation costs, to inform other data processors who process the disclosed personal data that the person concerned has requested the erasure of. This includes all links to such personal data or copies or replications of such personal data from these other persons responsible for data processing, insofar as the processing is not necessary. Our data protection officer or another employee shall make the necessary arrangements for individual cases.

Any data subject has the right, as granted by the European directive and legislator, to demand that the data controller restrict the processing of such data if one of the following conditions is met:

• The correctness of the personal data is refuted by the data subject for a period of time that enables the data controller to verify the correctness of the personal data.
• The processing is unlawful, the data subject declines the erasure of personal data and instead demands that the use of personal data be restricted.
• The data controller no longer needs the personal data for the purposes of processing, but the data subject does need them to assert, exercise or defend legal claims.
• The data subject has lodged an objection to the processing of the data pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate grounds of the data controller outweigh those of the data subject.

Insofar as one of the abovementioned conditions exists and a data subject wishes to request the restriction of personal data stored by us, they may contact our data protection officer or another of our employees at any time. Our data protection officer or another employee shall ensure the restriction of processing.

Any data subject has the right, as granted by the European directive and legislator, to receive in a structured, established and machine readable format, personal data relating to him or her provided by the data subject to a data controller. In addition, the data subject has the right to transmit this data to another data controller without hindrance by the current data controller to whom the personal data has been made available, provided that the processing does not conflict with the given 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 the processing is performed with the aid of automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

Furthermore, by exercising his/her right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to demand that the personal data be transmitted directly by a data controller to another data controller, insofar as this is technically feasible and insofar as this does not affect the rights and freedoms of other persons.

In order to assert the right of data portability, the data subject may contact our data protection officer or another of our employees at any time.

Any data subject has the right, as granted by the European directive and legislator, for reasons arising from his or her particular situation, to object at any time to the processing of personal data relating to him or her pursuant to Art. 6 para 1 lit. e) or f) GDPR. This also applies to profiling based on these clauses.

In the event of an objection, we will no longer process personal data unless we can prove compelling reasons of security for such processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

Insofar as we process personal data to carry out direct advertising, then the data subject has the right to object at any time to the processing of personal data for the purpose of such direct advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the our processing of data for direct advertising purposes, then we shall no longer process the personal data for such purposes.

In addition, the data subject has the right, for reasons arising from his or her particular situation, to oppose our processing of personal data concerning him or her for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the fulfilment of a task in the public interest.

In order to assert the right to object, the data subject may directly contact our data protection officer or another of our employees at any time. The data subject is also free to exercise his or her right to object to the use of the data for services provided by information societies, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Any data subject has the right granted by the European directive and legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him/her, insofar as the decision:

1. is not necessary for the conclusion or performance of a contract between the data subject and the controller or
2. ispermitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of a data subject, or
3. is carried out with the express consent of the data subject.

If the decision

1. is necessary for the conclusion or performance of a contract between the data subject and the data controller or
2. is made with the express consent of the data subject, we shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the data controller, to express his or her point of view and to contest the decision.

Should the data subject wish to assert his or her rights with regard to automated decisions, then he or she may contact our data protection officer or another of our employees at any time.

Any data subject has the right, as granted by the European directive and legislator, to withdraw consent to the processing of personal data at any time.

Should the person concerned wish to assert his or her right to right to revoke their consent, then he or she may contact our data protection officer or another of our employees at any time.

15. LEGAL BASIS OF DATA PROCESSING
Art. 6 para. 1 lit. a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations necessary for the supply of goods or to provide any other service, the processing is based on Art. 6 para. 1 lit. b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6 para. 1 lit. b) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured at our company premises and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para. 1. lit. d) GDPR. Finally, processing operations may be based on Art. 6 para. 1 lit. f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considers that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

16. LEGITIMATE INTERESTS PURSUED BY CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Art. 6 para. 1 lit. f) GDPR, our legitimate interest is to carry out our business in favour of the wellbeing of all our employees and the shareholders.

17. VALIDITY
This privacy policy is currently valid and is dated May 2018.

18. THE DATA CONTROLLER AND YOUR POINT OF CONTACT
If you require information or have any questions in relation to the collection, processing or use of your personal data or in the event of the correction, blocking or erasure of data or if necessary the withdrawal of any consent which has been granted, please contact us:

Company:	Metz mobility GmbH
Street Name, House Number:	Flugplatzstraße 100
PLZ City:	90768 Fürth
Telephone:	00 49 (911) 97 06 190
EMail:	datenschutz(at)metz-mobility.de
Point of Contact:	Mr René Glaubert