1) INFORMATION ON COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE RESPONSIBLE
1.1 We are pleased, that you visit our website and thank you for your interest. In the following we inform you about, how we handle your personal data when you use our website. Personal data are all data, that can be used to identify you personally.
1.2 The person responsible for data processing on this website in terms of the Data Protection Basic Regulation (DSGVO) is Bratke Exclusive Cars – Motorsport GmbH, Monaiser Str. 11b, 54294 Trier, Germany, Tel.: +49 (0)651 14 86 880, Fax: +49 (0)651 14 86 90, E-Mail: firstname.lastname@example.org. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.
1.3 For security reasons and to protect the transmission of personal data and other confidential contents (e.g. orders or inquiries to the responsible person), this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string “https://” and the lock symbol in your browser line.
2) DATA COLLECTION WHEN VISITING OUR WEBSITE
When using our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called “server log files”). When you call up our website, we collect the following data, which are technically necessary for us to display the website:
- Our visited website
- Date and time of access
- Amount of data sent in bytes
- Source/reference from which you reached the site
- Used Browser
- Operating system in use
- IP address used (if necessary: in anonymised form)
Processing is carried out in accordance with Art. 6 Para. 1 letter f DSGVO on the basis of our justified interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.
To make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files, that are stored on your end device. Some of the cookies we use are deleted again after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (third-party cookies) to recognize your browser the next time you visit us (persistent cookies). If cookies are set, they collect and process certain user information to an individual extent, such as browser and location data and IP address values. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 Para. 1 letter b DSGVO either for the execution of the contract or in accordance with Art. 6 Para. 1 letter f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
Under certain circumstances, we work together with advertising partners, who help us to make our Internet offer more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (cookies from third parties). If we work with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following paragraphs.
Please note, that you can set your browser in the way that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains, how you can change your cookie settings. You can find these for each browser under the following links:
Please note that the functionality of our website may be limited, if cookies are not accepted.
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after the final processing of your enquiry. This is the case, if it can be concluded from the circumstances, that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) DATA PROCESSING FOR OPENING OF A CUSTOMER ACCOUNT AND EXECUTION OF CONTRACTS
In accordance with Art. 6 Para. 1 lit. b DSGVO, personal data will continue to be collected and processed, if you provide us with such data for the execution of a contract or when opening a customer account. The data that is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be done by sending a message to the above mentioned address of the responsible person. We store and use the data you provide us with in order to process the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by us, about which we will inform you accordingly below.
6) DATA PROCESSING FOR ORDER PROCESSING
6.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the framework of the contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
6.2 Use of payment service providers (payment services)
In the case of payment via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “payment by instalments” via PayPal, we will pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) within the framework of the payment processing. The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payments.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary to process your payment in accordance with the contract.
If you choose a method of payment offered via the payment service provider “Stripe”, the payment will be processed via Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we will pass on the information you provided during the ordering process together with the information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 para. 1 lit. b DSGVO. The passing on of your data takes place exclusively for the purpose of payment processing with Stripe Payments Europe Ltd. and only to the extent that it is necessary for this purpose. You will find more information about the data protection of “Stripe” under the following internet address: https://stripe.com/de/privacy#translation.
7) TOOLS AND OTHERS
Google Web Fonts
This site uses so-called web fonts for the uniform display of fonts which are provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Google’s servers, which may also involve the transfer of personal information to Google LLC. servers in the United States. Through this, Google gains knowledge that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online offers. This represents a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO. If your browser does not support Web Fonts, a standard font from your computer will be used.
In the event, that personal data is transferred to Google LLC. with headquarters in the USA, Google LLC. has certified itself for the us-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU. A current certificate can be viewed here: https://www.privacyshield.gov/list
8) RIGHTS OF THE PERSON CONCERNED
8.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
Right of access in accordance with Art. 15 DSGVO: In particular, you have a right of access to your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
Right of rectification under Art. 16 DPA: You have the right to have incorrect data relating to you corrected without delay and/or to have your incomplete data stored by us completed;
Right of deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
Right to limit processing pursuant to Art. 18 DPA: You have the right to request the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is verified, if you refuse to delete your data on the grounds of unlawful processing and instead request the limitation of the processing of your data, if you require your data for the assertion, exercise or defence of legal claims, after we no longer require such data after the purpose has been achieved, or if you have lodged an objection on grounds of your particular situation, as long as it has not yet been established that our legitimate reasons outweigh the objection;
Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
Right to data transferability in accordance with Art. 20 DSGVO: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another person responsible, insofar as this is technically feasible;
Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke at any time with effect for the future any consent to the processing of data once granted. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right – without prejudice to any other administrative or judicial remedy – to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.
8.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST IN THE CONTEXT OF A WEIGHING UP OF INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR SPECIAL SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING, IF WE CAN PROVE COMPELLING REASONS FOR THE PROCESSING WORTHY OF PROTECTION, WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
9) DURATION OF STORAGE OF PERSONAL DATA
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax law retention periods). After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract and/or if we have no legitimate interest in further storage.