Data Privacy Statement 2018-05-24T20:04:56+00:00

Privacy
Policy

 

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
FirstCarMarket24 GmbH. The use of the Internet pages of the FirstCarMarket24
GmbH 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 FirstCarMarket24 GmbH. 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 FirstCarMarket24 GmbH 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.

 

1.
Definitions

The
data protection declaration of the FirstCarMarket24 GmbH 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.

  • c)   
    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.

  • e)   
    Profiling

    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.

  • f)    
    Pseudonymisation

    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.

  • h)   
    Processor

    Processor
    is a natural or legal person, public authority, agency or other body which
    processes personal data on behalf of the controller.

  • i)     
    Recipient

    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.

  • k)   
    Consent

    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:

 

 

FirstCarMarket24
GmbH

Rotbuchenstraße 52

81547 München

Deutschland

Phone: +49 (0)89/64260345

Email:
[email protected]

Website:
firstcarmarket24.com

 

3.
Cookies

The
Internet pages of the FirstCarMarket24 GmbH use cookies. Cookies are text files
that are stored in a computer system via an Internet browser.

 

Many
Internet sites and servers use cookies. Many cookies contain a so-called cookie
ID. A cookie ID is a unique identifier of the cookie. It consists of a
character string through which Internet pages and servers can be assigned to
the specific Internet browser in which the cookie was stored. This allows
visited Internet sites and servers to differentiate the individual browser of
the dats subject from other Internet browsers that contain other cookies. A
specific Internet browser can be recognized and identified using the unique
cookie ID.

 

Through
the use of cookies, the FirstCarMarket24 GmbH can provide the users of this
website with more user-friendly services that would not be possible without the
cookie setting.

 

By
means of a cookie, the information and offers on our website can be optimized
with the user in mind. Cookies allow us, as previously mentioned, to recognize
our website users. The purpose of this recognition is to make it easier for
users to utilize our website. The website user that uses cookies, e.g. does not
have to enter access data each time the website is accessed, because this is
taken over by the website, and the cookie is thus stored on the user’s computer
system. Another example is the cookie of a shopping cart in an online shop. The
online store remembers the articles that a customer has placed in the virtual
shopping cart via a cookie.

 

The
data subject may, at any time, prevent the setting of cookies through our
website by means of a corresponding setting of the Internet browser used, and
may thus permanently deny the setting of cookies. Furthermore, already set
cookies may be deleted at any time via an Internet browser or other software
programs. This is possible in all popular Internet browsers. If the data
subject deactivates the setting of cookies in the Internet browser used, not
all functions of our website may be entirely usable.

 

4.
Collection of general data and information

The
website of the FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH
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 FirstCarMarket24 GmbH, 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
FirstCarMarket24 GmbH 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.

 

7.
Newsletter-Tracking

The
newsletter of the FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH automatically regards a withdrawal from
the receipt of the newsletter as a revocation.

 

8.
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.

 

9.
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 FirstCarMarket24 GmbH, he or she
    may, at any time, contact any employee of the controller. An employee of
    FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH 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
    FirstCarMarket24 GmbH, he or she may at any time contact any employee of the
    controller. The employee of the FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH.

     

  • 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
    FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH to the processing for
    direct marketing purposes, the FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH 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 FirstCarMarket24 GmbH. 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 FirstCarMarket24 GmbH 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
    FirstCarMarket24 GmbH.

     

  • 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.

     

    If
    the data subject wishes to exercise the right to withdraw the consent, he or
    she may, at any time, contact any employee of the FirstCarMarket24
    GmbH.

     

10.
Data protection provisions about the application and use of Jetpack for
WordPress

On
this website, the controller has integrated Jetpack. Jetpack is a WordPress
plug-in, which provides additional features to the operator of a website based on
WordPress. Jetpack allows the Internet site operator, inter alia, an overview
of the visitors of the site. By displaying related posts and publications, or
the ability to share content on the page, it is also possible to increase
visitor numbers. In addition, security features are integrated into Jetpack, so
a Jetpack-using site is better protected against brute-force attacks. Jetpack
also optimizes and accelerates the loading of images on the website.

 

The
operating company of Jetpack Plug-Ins for WordPress is the Automattic Inc., 132
Hawthorne Street, San Francisco, CA 94107, UNITED STATES. The operating
enterprise uses the tracking technology created by Quantcast Inc., 201 Third
Street, San Francisco, CA 94103, UNITED STATES.

 

Jetpack
sets a cookie on the information technology system used by the data subject.
The definition of cookies is explained above. With each call-up to one of the
individual pages of this Internet site, which is operated by the controller and
on which a Jetpack component was integrated, the Internet browser on the
information technology system of the data subject is automatically prompted to
submit data through the Jetpack component for analysis purposes to Automattic.
During the course of this technical procedure Automattic receives data that is
used to create an overview of website visits. The data obtained in this way
serves the analysis of the behaviour of the data subject, which has access to
the Internet page of the controller and is analyzed with the aim to optimize
the website. The data collected through the Jetpack component is not used to
identify the data subject without a prior obtaining of a separate express
consent of the data subject. The data comes also to the notice of Quantcast.
Quantcast uses the data for the same purposes as Automattic.

 

The
data subject can, as stated above, prevent the setting of cookies through our
website at any time by means of a corresponding adjustment of the web browser
used and thus permanently deny the setting of cookies. Such an adjustment to
the Internet browser used would also prevent Automattic/Quantcast from setting
a cookie on the information technology system of the data subject. In addition,
cookies already in use by Automattic/Quantcast may be deleted at any time via a
web browser or other software programs.

 

In
addition, the data subject has the possibility of objecting to a collection of
data relating to a use of this Internet site that are generated by the Jetpack
cookie as well as the processing of these data by Automattic/Quantcast and the
chance to preclude any such. For this purpose, the data subject must press the
‘opt-out’ button under the link https://www.quantcast.com/opt-out/ which sets
an opt-out cookie. The opt-out cookie set with this purpose is placed on the
information technology system used by the data subject. If the cookies are
deleted on the system of the data subject, then the data subject must call up
the link again and set a new opt-out cookie.

 

With
the setting of the opt-out cookie, however, the possibility exists that the
websites of the controller are not fully usable anymore by the data
subject.

 

The
applicable data protection provisions of Automattic may be accessed under
https://automattic.com/privacy/. The applicable data protection provisions of
Quantcast can be accessed under https://www.quantcast.com/privacy/.

 

11.
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).

 

12.
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.

 

13.
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.

 

14.
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.

 

15.
Existence of automated decision-making

As
a responsible company, we do not use automatic decision-making or
profiling.


If you have any questions or suggestions regarding the topic of data protection or would like to change or delete information, please contact
FirstCarMarket24 GmbH
Rotbuchenstr. 52
81547 München
or write us an email to info(at)fcm24.com