data protection declaration

data protection declaration

 

I. Name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is the Data Protection Officer:

OpenTelematics e. V.
Schadowstraße 63, 40212 Düsseldorf, Germany
Germany

E-Mail: info@opentelematics.io

II. Name and address of the Data Protection Officer

The external data protection officer of the person responsible is:

Tony Nobst
mobilplus Systemhaus GmbH
Am Wüsteberg 3
01723 Wilsdruff OT Kesselsdorf
Germany

Phone: 0049 35204270312
E-Mail: dsb@mobilplus.de

III. General information on data processing

1. Scope of processing of personal data
We collect and use personal data of our users only to the extent necessary to process our contracts. After fulfilment of the contractual obligations, we process data only after consent has been given. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons or in which processing of the data is permitted by statutory provisions.

2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis. Art. 6 para. 1 lit. b DSGVO serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of 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 DSGVO 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 fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

3. Data deletion and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if one of the data protection laws prescribed by the aforementioned standards is violated a storage period expires, unless there is a necessity for further storage of the data for the conclusion of a contract or fulfilment of a contract.
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IV. Provision of the website and creation of log files

1. Description and scope of data processing
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

(1) Information about the browser type and the version used
(2) The user's operating system
(3) The User's Internet Service Provider
(4) Date and time of access
(5) Websites from which the User's system accesses our Website
(6) Websites accessed by the User's system through our Website

The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

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 DSGVO.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation
of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing pursuant to Art. 6 Para. 1 lit. f DSGVO also lies in these purposes.

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. In the case of the collection of data to provide the website, this is the case when the session in question has ended.

If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an allocation
of the calling client is no longer possible.

5. Possibility of opposition and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

V. Use of cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's computer system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

If technically necessary cookies are used:

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

Among other things, the following data is stored and transmitted in the cookies:

(1) Language settings
(2) Log-in information (browser, user devices)

In addition, we use cookies on our website, which allow an analysis of the
surfing behaviour of the users.

In this way, the following data can be transmitted:

(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained.

2. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

(1) Remembering search terms

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

The analysis cookies are used for the purpose of improving the quality of our website and its content. The analysis cookies tell us how the website is used and enable us to continually optimise our services. Our legitimate interest in the processing of personal data pursuant to Art. 6 Para. 1 lit. f DSGVO also lies in these purposes.

4. Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

VI. Contact form and e-mail contact

1. Description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:

a) name
(b) address
(c) phone number
d) email address
(e) size of enterprise

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration. Alternatively, you can contact us via the e-mail address provided.
In this case the personal data of the user transmitted with the e-mail will be stored. The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.

2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. 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 DSGVO.

3. Purpose of data processing
The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of 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 relevant facts have been conclusively clarified.

5. Possibility of opposition 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 in the course of contacting us will be deleted in this case.

VII Rights of the data subject

If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:

1. Right to information
You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the data controller:

(1) the purposes for which the personal data will be processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject;

2. Right to rectification
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.

3. Right to limit the processing
Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the person responsible to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons. If the processing of personal data concerning you has been restricted, such data - apart from their storage - may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to cancellation

a. Cancellation obligation
You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons arises
applies:

(1) The personal data relating to 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 DSGVO was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 DSGVO.
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(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

b. Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

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

(1) the exercise of freedom of expression and information;
(2) to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(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 para. 3 DSGVO;
(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5. Right to information
If you have exercised the right to rectify, cancel or limit the processing, the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of
to communicate such rectification or erasure of data or limitation of processing, unless this proves impossible or involves a disproportionate effort. They shall have the right to be informed of such recipients vis-à-vis the controller.

6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to send this data to an
to communicate the personal data to other data processors without being hindered by the data processor to whom the personal data has been provided, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public domain.
the person in charge has an interest or is acting in the exercise of official authority vested in him.

7. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e or f DSGVO;
this also applies to profiling based on these provisions. The person responsible will no longer process the personal data concerning you, unless he or she can give compelling reasons worthy of protection for the processing.
that outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims. If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising. If you object to the processing for the purposes of direct marketing, the following data will be processed
personal data concerning you will no longer be processed for these purposes. You may exercise your right to object to the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

9. Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to appeal to a supervisory authority, in particular in the Member State in which you are staying, at your place of work or in the Member State in which you have your registered office.
If you are of the opinion that the processing of your personal data is in breach of the DSGVO, you are entitled to withdraw your consent from the DSGVO. The supervisory authority to which the complaint has been filed will inform the
Complainant on the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

IIX. Use of tracking tools

1. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google in advance within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA where it will be shortened. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plugin available under the following link. Browser-Plugin herunterladen und installieren.

Learn more about Google's terms of use and privacy policy. We would like to point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp();" in order to guarantee an anonymous collection of IP addresses (so-called IP masking). Nutzungsbedingungen und Datenschutz von Google. Wir weisen Sie darauf hin, dass auf dieser Webseite Google Analytics um den Code „gat._anonymizeIp();“ erweitert wurde, um eine anonymisierte Erfassung von IP-Adressen (sog. IP-Masking) zu gewährleisten.

You can prevent Google Analytics from collecting data by clicking on the following link. An Opt-Out-Cookie is set, which prevents the future collection of your data when visiting this website: Deactivate Google Analytics Google Analytics deaktivieren