§1 contract: A rental contract is closed either when signed personally or if the renter uses the online booking-form. In the second case the rental company at first needs to confirm the booking via e-mail. §2 Insurance and minimum age: Prices include partially cover insurance for the car. The deductible for the renter is between 5.000€ and 10.000€ per rented car. For an additional charge, the deductible can be reduced and an all risk insurance could be taken. Parked vehicles have to be properly secured against theft. The minimum age to rent one of the cars in general is 23 years. On request we offer several cars with a lowered minimum age as well. The rental company can decide to increase the security deposit in individual cases. §3 Leaving requirement: Leaving Germany for other countries is basically allowed, but has to be written down in the rental agreement in advance. §4 Rental cancellation: In case of a cancellation of the rental by a renter, a cancellation fee will be charged, which – in accordance to the booked rental rate – can vary between 20% and 100%. §5 Event cancellation: In case of a cancellation of a time-bound event (Autobahn Experience, Racetrack Experience, Sports Car Tour etc.) by a renter, a cancellation fee will be charged as following: a minimum of 20%, within 7 days – 50%, within 24 hours – 100%. This also applies to vouchers from cooperation partners. §6 Advance payment: In case there has not been any advanced payment by a coupon purchase or a partly advanced payment, the renter has to pay the full rental amount before the start of the rental. A scheduled reservation of a car is only valid in case the renter can provide a credit note to prove an advanced payment with a minimum of € 300,- (at rentals until 500 km’s included) or 35% of the rental amount (at rentals of more than 500 km’s included). At long-term rentals the total amount can be divided into monthly rates. Tickets for events (i.e. supercar tours, Autobahn Experience, Racetrack trainings, drift trainings) need to be paid fully in advance during reservation. §7 Security deposit: When picking up a car, a security deposit applies; which can be paid in cash or reserved on a credit card, and will be released after returning the car without any defects. The amount of the security deposit will vary based on the rented vehicle. Motion Drive is allowed to take a higher security deposit in case there seems a higher risk in renting the vehicle. Furthermore, the renter has to present a valid identity card & driver’s license. In case of damages to the rented car, the renter is entitled to withhold the whole security deposit amount until the damages have been repaired, the total damages amount is known, and the responsibility of the damages has been sufficiently cleared. The security deposit also serves as safeguard for the rental company in cases of non-payment of the rental rates, and can be withhold/booked until the demands are settled. The rental company has the right to return security deposits payed in cash with a bank transfer after the car has been returned without any defects. The rental company makes every effort to return the security deposit right after it has been released; although, this process can take up until 7 working days due to technical reasons. §8 Included kilometers and extensions: When booking, the renter can choose between different rates with different included-kilometers. Additionally driven kilometers on top of the booked included-kilometers will be charged at the end of the rental period when returning the car. §9 Transferring/rental term: 1. The vehicle may only be driven by the renter or the driver mentioned in the rental agreement in case of business clients. Additional drivers have to be noted in the rental agreement against an additional charge, before the start of the rental. At the delivery of the car, it is required that all additional drivers including all required documents are present.
2. Extending the rental contract is only possible if approved by the rental company before the end of the rental term.
3. Business clients are required to proof if the entitled driver possesses a driver’s license which is valid to drive in Germany. The company is expected to use all possible ways to investigate this.
4. The renter has to represent the actions of the driver as its own. §10 Usage: The use of the vehicle at motor sports events, trackdays, rallies, driving safety training, sub-renting, to commit crimes, and to carry-on flammable or dangerous substances is forbidden. In cases of excessive wear, the rental company has the right to charge the costs for repairs, partly or completely, to the renter. §11 Traffic rules / liability of the renter: The renter has to respect the traffic rules during the whole rental term. Every violation has to be reported immediately to the rental company and has to be settled by the renter. The renter is liable without restrictions, according to the general liability terms, for all added accident damages according to the rental company. In remaining cases, the renter is liable without restrictions for all damages inflicted by the renter which occurred in cases of unauthorized use, by transporting cargo, or by improper handling (e.g. mis-shifting, overheating the engine, overloading the clutch, etc.) of the vehicle. In case the renter illegally left the place of an accident (§142 German Criminal Code), or failed to comply the obligations regarding these conditions, the renter will be fully liable, unless this violation had no effect on the determination of the damage claim. The renter will be imposed with a flat rate of € 45,- for expenses in case of a fine, and € 250,- in case of a summon or hearing by court. For the lost of rental income, the renter pays for every day which the damaged car is not available for the rental company a flat rate of two thirds of the agreed daily rental price. Multiple renters can share liability. Brake-, operational-, and burglary-damages are not considered accident damages, this applies in particular to damages which have been caused by moving loads. On roads which require toll, the renter is responsible for paying these toll costs. The renter exempts the rental company for all claims from authorities or third parties due to untimely or incomplete payments of toll. §12 Settlements and time limitation: For compensation claims at the rental company due to changes or deterioration of the rental car, a time limitation of 6 months (§548 German Civil Code), starting from the return of the car, applies. §13 Winter tires: In case a car is delivered with winter tires, the for safety reasons limited top speed of 210 or 240 km/h (Index V) has to be respected. The rental company is not obliged to deliver the car with winter tires. In case the weather conditions are not good enough to use the car with summer tires on public roads, the renter is obliged not to use the car in this period of time. §14 Damages: In case of an accident or damages (even minor damages), the renter is always obliged to completely fill out the accident protocol which can be found in the car, and to report the damages to the rental company and the local police immediately. For damaged wheels, a flat rate of € 300,- applies. In case the damages caused by a renter require to replace the complete wheel, the renter will be liable up to the amount of replacing with a new wheel. In case of tire damages the rental company is not liable to reimburse the caused expenses. Glass- and frost-damages are on account of the renter. An accident insurance for occupants has to be taken separately by the renter if required. The rental company is not liable for personal injuries of the occupants, or damages due to technical- or material-defects during the rental period. In case a repair is needed during the rental term which is not caused by the renter and is necessary to assure operating the car or taking part in traffic safely, the renter is allowed to visit a repair workshop for repairs up until € 50,- without consulting the rental company on forehand. For larger repairs the renter has to consult the rental company on forehand and needs a written consent from the rental company. §15 Handing over the car: The car will be delivered to the renter without damages, roadworthy, clean, and fully fueled. The renter has to return the car in the same condition. Excluded are traces of normal usage of the car. If the time of returning is exceeded by more than one hour, the renter will be liable for the additional charges for the additional rental time, based on the agreed on rental charges. Fueling might only be done exclusively with Super Plus (minimum 98 octane), receipts have to be kept until the end of the rental period, and have to be shown on request to the rental company at returning the car. The rental company has the right to charge € 100,- in cases of cars which have been returned in an excessively dirty state. At every delivery, the tire tread will be recorded. By signing the rental agreement the renter confirms the exact state of the car at the time of delivery. Later renegotiations are excluded. If the car is returned to another rental location, the renter is responsible for the repatriation costs in the amount of € 1,50 per km and an additional flat rate for expenditures of € 150,-, unless agreed different in writing before. In case of violations of the returning duties, several renters can be held responsible together. §16 Fulfillment and termination of the contract: The rental company is entitled to terminate the rental agreement and claim the car in case the renter fails to comply to the rental terms, or when after completion of the contract the renter proves to be unreliable. The rental company can refuse a contract proposal without mentioning any reasons. Pre-orders of the renter, even oral- or telephone-agreements, are binding. The car has to be handed over at the agreed handing over time. However, the rental company does not need to have the car available after one hour after the agreed pick-up time. The complete rental price has to be payed before the start of the rental. In case the rental company has to cancel a reserved booking due to a technical defect at the car or an act of God, the rental company will not be liable to pay damages. The rental company is allowed to give another date to fulfill the rental contract or is also allowed to cancel the contract. The down payment will be refunded in these cases. In exceptional cases, the rental company can terminate rental agreements based on a good cause without notice. This especially applies when: significant deterioration in the financial circumstances of the renter, bounced bank transfers or checks, when the renter is subject to a forced foreclosure procedure, a lack of car for the vehicle, improper and unlawful use of the vehicle, disregard for the rules on cars for the use of freight transport, and unreasonableness of the continuation of the rental agreement for example in cases of high amounts of damage. Event dates: The rental company is allowed to cancel an event date (i.e.racetrack training, drift training) due to bad weather, a change in availability of the track, less reservations or other reasons that the company is not in charge for. The rental company then has the right to name another date to fulfill the contract. In case there are several contracts between the renter and the rental company and the rental company has due to circumstances the right to terminate one of the contracts without notice, the rental company is also allowed to terminate the other contracts without notice in case the other contracts are also not able to be maintained due to misconduct of the renter. This especially applies in case the renter: intentionally damages the car, intentionally does not report newly emerged damages to the car or tries to conceal these damages; intentionally inflicts harm to the rental company; delays rental payments for more than five days in the total amount of at least a one week rental; intentionally uses a rental car for criminal offenses. §17 Consumables: At rentals of 5 days or longer, or which extend 500 km’s, the renter is responsible for providing and paying for the costs of consumable goods (especially engine oil, window washing fluid, as well as window anti freeze fluid) in case refilling these fluids is necessary during the rental period. §18 Liability of the rental company: 1. The rental company is liable in cases of intentionally or gross negligence of the rental company, a representative, or a legal substitute of the company. In any other cases the rental company is only liable for the loss of life, injury, health, or the culpable violation of essential contractual obligations is limited on typical contractual foreseeable harm.
2. The rental company is not liable for belongings which have been left in the car after returning the car. This does not apply in cases of gross negligence of the rental company, a representative, or a legal substitute of the company.
3. The rental company has in unique cases the right to provide a different vehicle type than the booked vehicle type. This has to be a comparable vehicle type. §19 Penalties: In cases a renter offends §3, §8(1.) or §9, a contractual penalty with a minimum of 50% of the security deposit applies. The rental company has the right to withhold this part of the payed security deposit or to book it from the deposited credit card. Additionally, the renter is committed to take over all costs due to e.g. police procedures, lawyer costs, etc. §20 Vouchers: The voucher only applies to the described content and for the described vehicle. Redeeming the voucher is only possible according to the availability of the vehicle. The offer applies in the main season (April – October) from monday to thursday and with a surcharge also at weekend days, or in the off-season (November – March) during the whole week. The vehicle can be picked-up at one of our German locations, or can be delivered at a location of choice against an additional surcharge. When redeeming, the original voucher as well as a valid driver’s license of the driver has to be present. An exchange or – even partially – refund is not possible. A combination with other vouchers and/or discounts is impossible. When redeeming, a contract will be made which represents the rental company’s general terms and conditions. In case it has not been otherwise stated, the Economy Rate applies to the rental rate. §21 Privacy statement: Motion Drive / Phillipp Müller is responsible for taking care of the data protection law. The personal data of renters / drivers will be collected, processed, or used for purposes of establishing, implementing, or ending the contract by Motion Drive or an authorized third person on location. Commercial use of this data will only occur in cases of own advertising (including recommending advertising). Transferring personal data to third parties only occurs in cases it is needed to establish the contract, e.g. to the credit card company for payment uses. Any other use requires the legal permission or consent.
Reference according to §28 paragraph 4 or the German Federal Data Protection Act (BDSG): The renter / driver can contradict at anytime any processing or use of his personal data for commercial use, market- or opinion-research. The objection must be sent to: Mobility Marketing UG, concerning objection, Rötgerstraße 9, 39104 Magdeburg, or via an email to: email@example.com §22 Severability clause: In case individual provisions of the contract are invalid or unenforceable or will be invalid or unenforceable after the conclusion of the contract, the validity of the remaining contractual provisions will not be affected. The invalid or unenforceable provisions have to be replaced by a valid or enforceable settlement, which reflect the commercial objectives the contractual parties have pursued with the original invalid or unenforceable provisions. The foregoing provisions shall only apply in the event that the contract proves to be incomplete.
Offers only apply at local availability. Every rental request will be reviewed and decided upon individually. Additionally agreements have to be in writing. The place of fulfillment and jurisdiction is Magdeburg.Further General Terms and Conditions: Data Protection:
With preparation, end, winding up and back winding up of a rental contract we gather, store and process data within the scope of legal provisions. When visiting our internet sites your current IP-address, date and time, browser type and the operating system of your PC as well as the sites you visited will be protocoled. Drawing inferences from this about your personal data is neither possible nor intended. The personal data you give us via bookings or emails (for example your name and contact details) will only be used for corresponding with you and for every other use you agreed on. We only provide your data to our shipper as long as it is necessary for the delivery of your goods. For the processing of payments we must pass on the relevant data to the authorized banking institution. We assure you not to forward your personal data to third parties except for legal requirements or with your explicit consent. As far as we take up services of third parties for the realization and winding up of processing processes, the regulations of the federal data protection act are kept.
Duration of Storage of Data:
Personal data we received via our web page is only stored for the purpose it was collected for. The duration of storage of certain data can amount up to 10 years, as far as storage periods have to be adhered according to commercial law and tax law. Your Rights: If you no longer agree with the storage of your personal data or if the data is no longer correct, we will cause the deletion or disabling of your personal data on your notice or make the necessary corrections (as far as this is possible according to applicable law). On request, you will receive free information about all your stored personal data. If you have questions regarding the collection, processing or use of your personal data, for further information, correction, blockage or deletion of data please contact Mobility Marketing Operations UG
Genthiner Str. 18, 39114 Magdeburg, Germany.
Phone Number: +49 (0) 1590 / 13 66 437
Email: firstname.lastname@example.org Links to Other Websites: As far as we refer or link to third parties’ websites from our domain we can assume no warranty or liability for the accuracy or completeness of its contents or data security. Since we have no influence on the compliance of third parties legal stipulations concerning data protection, you should review the privacy policies separately in each case. Applicable Law and Jurisdiction: This agreement is subject exclusively to German law. This law only applies to customers if no mandatory legal provisions are restricted from the state in which the consumer has his habitual abode. The general place of jurisdiction is Magdeburg, provided that the customer is not consumer. Exclusion of Liability: 1. Website Content:
The author excludes all liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author regarding damage of a material or non-material nature resulting from the use or disuse of the provided information and/or the use of incorrect and incomplete information will therefore be rejected, provided that the author is not guilty of demonstrably willful or gross negligence. All offers are non-binding and without obligations. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.
2. References and Links:
For direct or indirect references to foreign Internet pages (‘hyperlinks’), which are beyond the responsibility of the author, a liability would only come into force, if the author technically or reasonably has knowledge of the contents, and to avoid the usage in case of illegal contents. The author herewith expressively declares that there were no illegal contents visible when the link was created. The author has no influence on the current and future design, contents and authorship of the linked pages. Therefore he expressively dissociates himself from all contents of the linked pages that were modified after the referencing. This declaration applies for all links and references within the Internet service as well as for every entry in the guestbook, discussion forums, links directories and mailing lists that were set up by the author. For illegal, wrong or incomplete contents and in particular for damages caused by the usage or non-usage of provided information, only the provider of the linked site may be held liable and not the one providing the link to the corresponding publication.
3. Originator and Characteristic Right:
The author endeavors in all his publications to respect the copyright of the graphics, sound documents, video sequences and texts it utilizes, to make use of graphics, sound documents, video sequences and texts created by the author himself or to have recourse to graphics, sound documents video sequences and texts that are in the public domain. All brands and trademarks that are mentioned on this website and are possibly protected by third parties are subject to the regulations of the valid trademark legislation and the property rights of the registered owner. The mention alone should not lead to the conclusion that trademarks are not protected. The copyright in published objects produced by the author himself such as audio and video recordings, photos and covers, is owned solely by the author of the webpage. Reproduction or use of such graphics, sound documents, video sequences or texts in any electronic or printed publications without the author’s express permission is prohibited. If you, despite of this, become aware of any copyright infringement, we kindly ask you for a corresponding notice.
4. Data Protection:
If the webpage offers the possibility of entering personal or business data (email addresses, names, addresses) the user gives this kind of information on a voluntary basis. The utilization and payment of all offered services is – insofar as technically possible and reasonable – feasible without providing such data or by using anonymized data or an alias. The use of published data through third parties within the site notice, such as postal addresses, telephone numbers, fax numbers and email addresses, is not allowed. Legal steps against the senders of spam mails in case of violation of this prohibition are expressly reserved.
5. Legal Effect of this Legal Disclaimer:
This legal disclaimer is to be seen as a part of the Internet service which referred you to this page. If parts or single formulations of this text may no longer or not completely correspond to the valid legal situation, the remaining parts and the validity of the documents and their contents remain untouched.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Mobility Marketing UG (haftungsbeschränkt). The use of the Internet pages of the Mobility Marketing UG (haftungsbeschränkt) is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Mobility Marketing UG (haftungsbeschränkt). By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. As the controller, the Mobility Marketing UG (haftungsbeschränkt) has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Mobility Marketing UG (haftungsbeschränkt) is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: Mobility Marketing UG (haftungsbeschränkt) Genthiner Straße 18 39114 Magdeburg Germany Phone: +49 39150961684 Email: email@example.com Website: http://motion-drive-rental.com
4. Collection of general data and information
The website of the Mobility Marketing UG (haftungsbeschränkt) collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. When using these general data and information, the Mobility Marketing UG (haftungsbeschränkt) does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Mobility Marketing UG (haftungsbeschränkt) analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller. By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller. The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of the Mobility Marketing UG (haftungsbeschränkt), users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller. The Mobility Marketing UG (haftungsbeschränkt) informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter. During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller. The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Mobility Marketing UG (haftungsbeschränkt) contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Mobility Marketing UG (haftungsbeschränkt) may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects. Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Mobility Marketing UG (haftungsbeschränkt) automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Mobility Marketing UG (haftungsbeschränkt) contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Subscription to comments in the blog on the website
The comments made in the blog of the Mobility Marketing UG (haftungsbeschränkt) may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post. If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.
10. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
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;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Mobility Marketing UG (haftungsbeschränkt), he or she may, at any time, contact any employee of the controller. An employee of Mobility Marketing UG (haftungsbeschränkt) shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Mobility Marketing UG (haftungsbeschränkt) will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Mobility Marketing UG (haftungsbeschränkt), he or she may at any time contact any employee of the controller. The employee of the Mobility Marketing UG (haftungsbeschränkt) will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Mobility Marketing UG (haftungsbeschränkt).
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Mobility Marketing UG (haftungsbeschränkt) shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Mobility Marketing UG (haftungsbeschränkt) processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Mobility Marketing UG (haftungsbeschränkt) to the processing for direct marketing purposes, the Mobility Marketing UG (haftungsbeschränkt) will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Mobility Marketing UG (haftungsbeschränkt) for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Mobility Marketing UG (haftungsbeschränkt). In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Mobility Marketing UG (haftungsbeschränkt) shall implement suitable measures to safeguard the data subject’s 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. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Mobility Marketing UG (haftungsbeschränkt).
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. f the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Mobility Marketing UG (haftungsbeschränkt).
12. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
13. Legal basis for the processing
Art. 6(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 are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(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. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c 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 in our company and his 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(1) lit. d GDPR. Finally, processing operations could be based on Article 6(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 which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual 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 it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, 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 personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the 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.