Privacy Policy (EM2GO Connect)
Updated: 21.12.2023
I. Name and address of the person responsible
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:
D-Parts GmbH
Birkenweiher Str. 16
63505 Langenselbold
Germany
Phone: 06184-93140
Email: datenschutz@d-parts.de
Website: www.d-parts.de
II. General information on data processing
1. Scope of processing of personal data
We generally only collect and use our users' personal data to the extent that this is necessary to provide the following services, products and associated mobile application "EM2GO Connect". The collection and use of our users' personal data usually only takes place with the user's consent. An exception applies in cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
If we obtain consent from the data subject for processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose for which they were stored no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
III. Provision of the service and creation of log files
1. Description and scope of data processing
When using our mobile application "EM2GO Connect" and associated "devices" that have a human-machine interface and communicate wirelessly via Bluetooth or WLAN, we automatically provide data and information to computer systems.
The following data is collected:
When using the mobile application "EM2GO Connect" you can enter the following personal information, which will be stored securely on your smartphone:
- Device information: When using our products, device information such as the MAC address of the device, public IP address in pseudonymized form, firmware version and update information are automatically processed.
- e-mail address
- Nickname
- Profile picture
The data is used to provide the functionality of the app and to enable the connection to the devices. The data is transmitted to the "electric vehicle charging stations" via a secure Bluetooth or WiFi connection and is sent to our servers for processing.
When using the mobile application "EM2GO Connect" in conjunction with "electric vehicle charging stations", the following data may be processed:
-
- Current voltage
- Current
- Currently charged energy
- Current temperature
- Past charging transactions
- WiFi SSID
- WiFi password
The data is transmitted via a secure Bluetooth or WLAN connection from/to the "electric vehicle charging stations" and the connected smartphone and is sent to our servers for processing.
2. Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 (1) lit. f GDPR.
3. Purpose of data processing
• Provision of services: Device information to provide you with our products and services that you have requested.
• Improving our services: We process your device information to ensure the functionality of our products, to develop and improve our products and services, and to analyze the effectiveness of our activities.
The following applies to the use of all services: The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.
Our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR also lies in these purposes.
4. Duration of storage
We will process your personal data for the minimum period necessary for the purposes set out in this privacy policy, unless there is a specific legal requirement for us to keep the data for a longer period. We will determine the appropriate retention period based on the amount, source and sensitivity of your personal data, and at the end of the retention period we will destroy your personal data. If we are not able to do so for technical reasons, we will ensure that appropriate measures are in place to prevent any further use of your personal data.
5. Possibility of objection and removal
The collection of data to provide the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no option to object.
IV. Use of cookies
1. Description and scope of data processing
Cookies are used when you access websites via the "EM2GO Connect" app. Please refer to the privacy policy on the respective website. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables the browser to be uniquely identified when the website is accessed again.
We use cookies to make our website more user-friendly. Some elements of our website require that the browser that is accessing the website can be identified even after a page change.
The following data is stored and transmitted in the cookies:
- Session ID
- Language ID
- Currency ID
- Cookie consent
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after changing pages.
We need cookies for the following applications:
- Session ID (to recognize the website visitor until the browser is closed)
- Status of the information banner about consent to the use of cookies
The user data collected through technically necessary cookies are not used to create user profiles.
Our legitimate interest in processing personal data for these purposes also lies in accordance with Art. 6 (1) (f) GDPR.
4. Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted from there to our site. Therefore, as a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all of the website's functions.
v. Web analysis service Matomo
1. Description and scope of data processing
Our website uses Matomo (formerly Piwik), an open source software for statistical analysis of visitor access. Matomo uses cookies that are stored on your computer and enable an anonymous analysis of your use of the website. It is not possible to draw conclusions about a specific person, as your IP address is anonymized immediately after processing and before storage.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
3. Purpose of data processing
Matomo is used to improve the quality of our website and its content. This allows us to learn how the website is used and to continually optimize our offering.
4. Duration of storage, possibility of objection and removal
The cookies used by Matomo are stored on the user's computer and transmitted from there to our site. Therefore, as a user, you have full control over the use of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically.
You can object to the storage and evaluation of this data by Matomo at any time. In this case, a so-called opt-out cookie will be permanently stored in your browser, which will cause Matomo to not collect any data for storage and evaluation. However, if you delete this cookie intentionally or inadvertently, the objection to the data storage and evaluation will also be lifted and can be changed subsequently.
Alternatively, most modern browsers have a so-called "Do Not Track" option that tells websites not to track your user activities. Matomo respects this option.
VI. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. right of providing information
You can request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing takes place, you can request the following information from the controller:
- the purposes for which the personal data are processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
- the planned duration for which the personal data concerning you will be stored or, if specific information is not possible, the criteria used to determine that period;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
- the existence of a right to lodge a complaint with a supervisory authority;
- all available information as to their origin, if the personal data are not collected from the data subject;
- 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.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to restriction of processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
- if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
- the controller no longer needs the personal data for the purposes of processing, but you require them to assert, exercise or defend legal claims, or
- if you have objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, these data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned requirements, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request that the controller delete the personal data concerning you immediately and the controller is obliged to delete this data immediately if one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You withdraw your consent on which the processing is based according to Art. 6 Para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
- The personal data concerning you have been processed unlawfully.
- The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union or Member State law to which the controller is subject.
- The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Art. 17 Para. 1 GDPR, the controller shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers which process the personal data that you, as the data subject, have requested the erasure by them of all links to these personal data or of copies or replications of these personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
- to exercise the right to freedom of expression and information;
- to fulfill a legal obligation required by Union or Member State law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render the achievement of the objectives of this processing impossible or seriously compromises it, or
- to assert, exercise or defend legal claims.
5. Right to information
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the responsible party, this party is obliged to inform all recipients to whom the personal data concerning you were disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure.
You have the right to be informed by the controller about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that
- the processing is based on consent in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract in accordance with Art. 6 (1) (b) GDPR and
- the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, regardless of Directive 2002/58/EC.
8th. Right to revoke the declaration of consent under data protection law
You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision-making in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
- is necessary for the conclusion or performance of a contract between you and the controller,
- is permitted by Union or Member State law to which the controller is subject, and this law contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
- with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.