Data privacy statement
We kindly welcome your interest in our company. Data privacy has particularly high significance for the management of tyremotive LLC. In general, the use of the websites owned by tyremotive LLC is possible without stating any personal data. In case the person affected would like to utilize special services of our firm on the website, the processing of personal data is inevitable. If there is no legal enforcement, we initially request an approval of the person affected.
The processing of personal data, for instance the name, address, e-mail address or telephone number constantly occurs in accordance to the General Data Protection Regulation and the applicable Federal data guidelines. By use of these statuaries, our company aims to inform the public about the type, extend and, most importantly, purpose for the processing of personal data. Furthermore, the person affected can inform itself about personal rights.
The tyremotive LLC, being responsible for the processing, has implemented several organizational measures to provide flawless protection of personal data transmitted from the website. Nevertheless, data transmissions among the internet might feature security gaps, not enabling us to guarantee absolute protection. Therefore, every person affected, can alternatively decide on communicating personal data over the telephone, for instance.
The Privacy Statement of tyremotive LLC is based on concepts used by the European Guideline and regulation supplier while implementing the General Data Protection Regulation. Our Privacy Statement is supposed to be easily understandable for both customers and business partners. In order to ensure this, we initially would like to clarify used concepts.
Among others, we use the following concepts in this Privacy Statement:
a) Personal Data
Personal data contain all information in regard to an identified or identifiable natural person (hereinafter “person affected”). A natural person is considered identifiable if the name, code number or address can be matched to an online-identifier or another unique characteristic which is an expression of physic, psychologic, genetic, psychic, economic, cultural or social identity.
b) Person affected
Every identified or identifiable person whose personal data are being processed by a person responsible is equally considered a person affected.
Processing occurs when mechanisms or a set of operations are being operated without any help of automated procedures which regard personal data. These operations can range from gathering, collecting, organizing, arranging, saving, adapting, changing, selecting, scanning and using up to revealing data through transmission. Further processes can be distribution or another type of provision, alignment or connection, restriction, erasure or destruction of data.
d) Restriction on processing
The restriction on processing is the marking of saved personal data with the aim of restricting future processing.
Profiling is every kind of automated processing of personal data, characterized by using personal data to evaluate specific personal aspects, especially to analyze or predict information on work performance, economic situation, health, personal preferences, interests, reliability, habits, current address or change of address.
Pseudonymization is the processing of personal data in a way that ensures these data can not be matched to a person affected afterwards without adding further information. This can be only assured by storing this further information separately and exclusively underlie technical or organizational measures that again make sure personal data cannot be traced back to an identified or identifiable natural person.
g) Person responsible or person responsible for the processing
A person responsible or person responsible for the processing can be represented by a natural or legal person, an authority, facility or another party which independently or, in collaboration with others, decides upon the purpose or mean in regard to the processing of personal data. Given these purposes or means are predefined by the European Union Rights or the right of member states, the person responsible can operate according to these principles.
h) Data processor
The data processor can be represented by a natural or legal person, an authority, facility or another party processing personal data on behalf of their client.
The recipient can be represented by a natural or legal person, an authority, facility or another party having personal data at their disposal, independently from data being owned by a third party. On the contrary, authorities that might receive personal data within an inquiry according to the European Union Right or rights of the member states are not considered a recipient.
j) Third party
The third party can be represented by a natural or legal person, an authority, facility or another party, besides the person affected, the person responsible or data processor, enabled to process personal data.
An approval is every clear expression of the person´s affected will on a voluntary basis concerning a specific case. Alternatively, an approval can be a clear act with whom the person affected aims to indicate he or she is agreeing to the process of the personal data.
2. Name and address of the person responsible for processing
According to the General Data Regulation or other Privacy Regulations within the member states of the European Union, the person affected is :
Tel.: +49 9321 388400
3. Name and address of the Privacy commissioner
The Privacy commissioner of the person affected is:
Tel.: +49 9321 388400
Every person affected is free to directly contact our Privacy commissioner in case any questions or suggestions arise.
Due to cookies, the information and offers on our web page can be optimized on behalf of the user. Cookies, as mentioned earlier, enable us to identify visitors on our website. Purpose of this identification mainly is to simplify the use across our homepage. While using cookies, the user does not have to log in every time he visits the site because the data has been saved earlier. Another advantage of Cookies lies in online shopping where the shop itself remembers the products put in the basket.
5. Gathering general data and information
With every visit to the homepage of tyremotive LLC, the person affected contributes to the owner gathering general data. These exact data and information are being saved in the Logfiles. The used (1) browser types and versions, (2) the system software of the user, (3) the website of which an accessing system arrives at ours (so-called referrer), (4) the sub-websites which get selected of an accessing system at our homepage, (5) the date and time of visit, (6) an internet-protocol-address (IP-address), (7) the internet-service-provider of the using system and (8) other similar data and information serving as active defense in case of attacks on our systems.
While using these general data and information, tyremotive LLC does not draw conclusions to any person affected. Instead, this information is necessary to (1) deliver our website´s content correctly, (2) optimize the content of our site as well as the according advertisements, (3) ensure constant functional ability of our systems and the technology of our site as well as to (4) provide crucial data in case of pursuing a cyber attack in legal terms. The anonymously accessed data and information, as a consequence, are evaluated by tyremotive LLC statistically for the purpose of improving data privacy and data protection inside our company to ultimately assure optimum protection of personal data. The anonymous data of the server- Logfiles are being separated and saved together with all the available personal data.
6. Registration on our website
The person affected is entitled to decide on the possible registration by stating their personal data. Which personal data are transmitted to the person responsible yield from the input mask that is used for registration. In general, the personal data exclusively serve internal usage for the person responsible who gathers and saves it. He or she is also authorized to hand over some data to another party, for instance transportation services, who, again, explicitly uses the personal data for internal purposes.
Furthermore, a registration on the homepage automatically saves the IP address supplied by the Internet-Service-Provider (ISP) as well as the date and time of registration. Saving these data only occurs on the grounds of preventing abusive action upon our services since data can certainly be utilized as proof in a criminal prosecution. Therefore, the process of saving data serves as a crucial tool for overall protection. Fundamentally, this data is not transmitted to a third party unless there is no existing obligation of transmission or the transmission serves criminal prosecution.
The registration of an affected person, characterized by voluntary statement on personal data, serves the person responsible for processing as a tool for offering the potential customer contents or services only available to registered visitors. Registered users are free to have their personal data altered or deleted by supervisors on demand.
The person responsible for processing supplies the person affected with precise information on which personal data is saved in the system at any time. In addition, the person responsible can also correct or delete personal data on behalf of the customer, given there is no existing obligation to preserve business records.
7. Routinely deleting or restricting personal data
The person responsible for processing merely saves data of a person affected in the period needed to fulfill the purpose of saving, given this complies with the European Guidelines or other relevant laws.
In case the purpose of saving is not fulfilled or a saving deadline stated by the European Guidelines or other relevant laws expires, the personal data routinely are deleted or restricted according to requirements by law.
8. Rights of the person affected
a) Right to confirmation
Every person affected is eligible by European Guidelines and regulator to obtain confirmation whether specific personal data is processed. If the person affected wants to utilize the right to confirmation, the person responsible for processing is available at any time.
b) Right to information
Due to the European Guidelines or regulator, every person affected has the right to demand free information regarding his/her personal data saved, as well as a physical copy. Aside from this right, the person affected can obtain information on the following:
- the purpose of processing
- the categories of personal data being processed
- the recipient or categories of recipients having received or will receive the personal data, especially recipients from third party countries or international organizations
- if possible, the planned period in which the personal data are being saved, or, alternatively, the criteria for determining this period
- existing rights to confirmation or deletion of the affected personal data or the right to restriction on processing by the person responsible
- existing right of appeal at controlling authorities
- if the personal data of the personal data are gathered: All available information regarding the origin of data
Existing automated decision-making including profiling according to article 22 paragraph 1 and 4 GDPR and – at least in those cases – meaningful information about the involved logic as well as the extend and the desired outcome of specific processing for the person affected. He or she is also entitled to gather information about possible transmission of data to a third party country or an international organization. If so, he or she is also entitled to gather information about suitable guarantees concerning the transmission.
Once a person affected decides on utilizing this right to information, he or she can approach an employee of the party responsible for processing at any time.
c) Right to correction
Every person affected from processing personal data is eligible to demand immediate correction on flawed personal data on the grounds of European Guidelines. Furthermore, while taking into account the purpose of processing, incomplete data can be demanded to be completed, as well as adding an explanation.
In case a person affected wants to utilize the right to correction, he or she can always approach an employee of the party responsible for processing.
d) Right to deletion (Right to be forgotten)
Every processing of personal data entitles the person affected to demand complete and immediate deletion of data by the person responsible given one of the following reasons applies:
- The personal data were gathered or processed for a purpose not necessary any more
- The person affected revokes the confirmation according to article 6 paragraph 1 letter a GDPR or article 9 paragraph 2 letter a GDPR; and another legal basis is missing
- The person affected revokes the processing according to article 21 paragraph 1 GDPR if no essential purpose for processing is existing; the person affected can also revoke the processing according to article 21 paragraph 2 GDPR
- The personal data were processed illegitimately.
- The deletion of personal data is required by European Union Law or the Right of the member sates.
- The personal data were gathered in regard to offered services of the information society according article 8 paragraph 1 GDPR. Given one of the above mentioned purposes applies and a person affected requires deletion of the data saved by the tyremotive LLC, he or she can always approach an employee of the party responsible for processing. The employee of the tyremotive LLC will then ensure the immediate deletion of all data. In case tyremotive LLC, being the company responsible and obliged to deletion according to article 17 paragraph 1 GDPR, published personal data, the tyremotive LLC will face the costs of implementation as well as other measures technical nature to inform others responsible for processing personal data and request complete deletion of any link, copy or replication concerning the personal data. The employee of the tyremotive LLC will demand the necessary in each individual case.
e) Right to restriction on processing
Every processing of personal data entitles the person affected to demand immediate restriction of processing according to European Guidelines or regulators if one of the following premises applies:
- The validity of the personal data is denied for a period giving the person responsible an opportunity to evaluate the validity.
- The personal data is processed illegitimately and the person affected refuses the deletion of the data and, instead, demands the restriction on usage.
- The person responsible for processing does not need the personal data any more, however the person affected needs these for assertion, exercise or defense of legal claims.
- The person affected has entered an objection according to article 21 paragraph 1 GDPR and the fact whether the complaint is rightful remains unclear. If one of the above mentioned premises is existing and a person affected demands the restriction on personal data saved by the tyremotive LLC, he or she can approach an employee of the party responsible. The employees of the tyremotive LLC will initiate the restriction on processing immediately.
f) Right to data transferability
Every processing of personal data entitles the person affected to demand personal data in a structured, common and machine-readable manner according to the European Guidelines and regulations. Furthermore, the person affected can also prompt transferability to another person responsible without interference given the confirmation to processing according article 6 paragraph 1 letter a GDPR or article 9 paragraph 2 letter a GDPR or another contract according article 6 paragraph 1 letter b GDPR and underlies an automated procedure not requiring the processing for a task concerning public interest or public executing authority.
Moreover, the person affected, while executing the right to data transferability according to article 20 paragraph 1 GDPR, is entitled to request transfer from one person responsible to another if that is technically possible and does not interfere with the rights or freedoms of the person affected.
g) Right to objection
Every processing of personal data entitles the person affected to enter an objection on the processing on personal data according to article 6 paragraph 1 letter e or f GDPR on the grounds of a special situation. This also applies to a profiling underpinned by one of the purposes.
The tyremotive LLC does not process personal data in case of an objection unless we can verify reasons for protection in regard to the processing which are superior to the interests, rights or freedoms of the person affected; or the processing enforcement, procedure or defense of legal claims.
If the tyremotive LLC processes personal data for advertisement purposes, the person affected is entitled to enter an objection against the processing for such purposes at any time. This also applies to profiling which is directly associated to direct advertisement. Given the person affected decides on entering an objection, the tyremotive LLC will not process data for such purposes any more.
In special situations, the person affected is entitled to enter an objection against the processing of personal data being used for scientific or historic research purposes or statistical analysis according to article 89 paragraph 1 GDPR. The only exception is if the processing is needed to fulfill a task concerning public interest. In order to utilize the right to objection, the person affected can directly approach any employee of the tyremotive LLC. Moreover, the person affected can enter an objection by automated procedure using technical specifications, irrespectively principle 2002/58/EG.
h) Automated decisions in single cases including profiling
Every processing of personal data entitles the person affected not to be subject to an automated decision making – including profiling – which results in legal force or has a negative impact, given the decision (1) is not necessary for finalizing or fulfilling a contract between the person affected and responsible or (2) is subject to the European Union or member states according to legal regulation and these measures are necessary to preserve rights and freedoms as well as interests of a person affected or (3) take place with clear confirmation of the person affected.
If the decision is mandatory (1) for finalizing and fulfilling a contract between the person affected and responsible or (3) takes place with clear confirmation of the person affected, tyremotive LLC will arrange appropriate measures to preserve the rights and freedoms as well as the overall interest of the person affected, containing at least the right to enforce interference of a person responsible. If the person affected wants to claim rights in regard to automated decisions, he or she can always approach an employee of the party responsible for processing.
i) Right to revoke confirmation regarding data protection law
Every processing of personal data entitles the person affected to revoke any confirmation on processing personal data according to European Guidelines or regulations.
If the person affected wants to claim the right on revoking a confirmation, he or she can always approach an employee of the party responsible for processing.
10. Data protection regulations for apply and usage of Google Analytics (including anonymization function)
The party responsible for processing has integrated the component Google Analytics (including anonymization function) on this website. Google Analytics is a web-analysis-service. Web-analysis is commonly known as the gathering, collection and evaluation of data in regard to habits of visitors of internet sites. Therefore, a web-analysis-service gathers data in relation to the so-called referrer, describing the website the visitor has visited previously or which subwebsites are being accessed or how long a sub-website was visited. The main goals of web-analysis are optimizing a website and for the cost-benefit-analysis in terms of internet advertisements.
Operating company of the Google-Analytics-compoment is Google Inc.: 1600 Amphitheatre Pwky. Mountain View, CA, 94043-151, USA.
The party responsible for processing uses the addition “_gat._anonymizelp.” for the web-analysis through Google Analytics. By using this addition, Google shortens and anonymizes the IP-address of the person affected if access was made in a member state of the European Union or another contract state of the Agreement on the European Economic Area.
The purpose of the Google-Analytics component is analyzing the flux of visitors on our website. Google then uses the received data and information for instance for evaluating the usage of our website to prepare an online-report showing all activities on our website or to create further services associated to the usage of our website.
Google Analytics places a Cookie on the IT system of the person affected. The nature of Cookies has been explained earlier. By placing a Cookie, Google can access an analysis on our website. Every visit of single pages on the website operated by the party responsible for processing which integrated the Google- Analytics-component, the internet browser of the person affected will be issued to transfer data in refer to the online-analysis onto Google. By doing so, Google gains knowledge about personal data, for instance the IP-address, of a person affected which serve Google to trace the country of origin or clicks and therefore enabling provision calculations.
Cookies result in personal information, for instance the time, place or frequency of access of visiting our website being saved. Every visit on our website prompts an immediate transfer of personal data, including the IPaddress, to Google in the United States of America. These personal data are being saved by Google in the United States of America. Google then might transmit these by the technical procedure of gathering personal data to a third party.
Further information and the applied data protection regulations of Google can be seen on https://www.google.de/intl/de/policies/privacy/ or http://www.google.com/analytics/terms/de.html. Google Analytics is further explained on https://www.google.com/intl/de_de/analytics/.
11. Legal basis of the processing
Article 6 I lit. a GDPR serves our company as legal basis for processing procedures in need for a confirmation for a specific processing purpose. In case the processing of personal data is needed to conclude a contract whose contract party is represented by the person affected, the processing underlies article 6 I lit. b GDPR. The same applies for such processing procedures necessary to conclude measures set before the contract, for instance inquiries in regard to products or services. The processing bases on article 6 I lit. c GDPR if our company underlies a legal obligation requiring the processing of personal data, for instance fulfilling tax obligations. In some cases, however, the processing of personal data might be required to protect essential interest of the person affected or another natural person. In the event of a visitor in our facility experiencing injuries, for example, the name, age, health insurance data or other essential information would have to be transferred to a third party like a doctor or a hospital. The processing would thus underlie article 6 I lit. d GDPR. Finally, processing procedures can underlie article 6 I lit. f GDPR. This applies to processing procedures not being recorded by the above mentioned legal basis if the protection of interests by the company or a third party if those interests, civil rights or freedoms are not superior to those of the person affected. Such processing procedures are admissible to us due to the fact of specific mentioning by the European regulator. The regulator assumed an eligible interest if the person affected is a customer of the person responsible (recital 47 clause 2 GDPR)
12. Eligible interests on processing followed by the person responsible or a third party
If the processing of personal data rests upon article 6 I lit. f GDRP, our eligible interests is the implementation of business on behalf of the wellbeing of our employees and shareholders.
13. Period in which the personal data are being saved
The criteria for the period in which the personal data are being saved is the according legal period of retention. Once this period has expired, the data will get deleted routinely if not needed for concluding a contract or preparing a contract.
14. Legal or contractual regulations to provision of personal data; requirement for concluding a contract; obligation of the person affected to provide personal data; possible consequences of no provision
We inform you that provision of personal data is partly required by law (for instance tax regulations) or emerges from contractual regulations (for instance information of contract partners). Occasionally, a person affected must provide personal data to fulfill a contract. The person affected is obliged, for instance, to provide us personal data if our company concludes a contract with him/her. Not providing personal data would result in a failed contract. Before providing personal data the person affected must approach one of our employees. This employee clarifies whether the provision of personal data is required by law and the according consequences in case of unwillingness to provide data emerging.
15. Existing of automated decision making
As a responsible company we refrain from automated decision making or profiling.
This Privacy Statement was created by the Privacy Statement generator from external data protection officer in Wiesbaden, Germany, in collaboration with the RC LLC, which recycles used notebooks, and the File sharing lawyers of WBS-LAW.