A.      Privacy Policy according to the GDPR

I.          Name and Address of the Controller

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 legal data protection provisions is:

ICA Traffic GmbH
Walter-Welp-Straße 27
44149 Dortmund
Germany
Tel.: +49 231 222 48 – 0

E-mail: datenschutz@ica.de
Website: www.ica.de

II.       Name and Address of the Data Protection Officer

The Data Protection Officer of the Controller is:

Dirk Tscholitsch
TAROX Aktiengesellschaft
Stellenbachstr. 49−51
44536 Lünen
Germany
Tel.: +49 231 98980 – 320

E-mail: Dirk.Tscholitsch@tarox.de
Website: www.tarox.de

III.     General Information on Data Processing

1.        Scope of Personal Data Processing

We collect and use the personal data of our users only where this is required to provide a functional website and our content and services. The personal data of our users are as a rule only processed with the prior consent of the user. An exception applies in cases where prior consent cannot be obtained for practical reasons and statutory regulations permit processing of the data.

2.        Legal Basis for Personal Data Processing

Where we obtain consent from the data subject for personal data processing operations, point (a) of Article 6(1) EU General Data Protection Regulation (GDPR) is the legal basis for personal data processing.

If processing personal data is necessary for the performance of a contract to which the data subject is party, the legal basis is point (b) of Article 6(1) GDPR. This also applies to processing operations that are necessary in order to take steps prior to entering into a contract.

Where personal data processing is necessary for compliance with a legal obligation to which our company is subject, the legal basis is point (c) of Article 6(1) GDPR.

If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is point (d) of Article 6(1) GDPR.

If processing is necessary for the purposes of any legitimate interest 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, the legal basis for processing is point (f) of Article 6(1) GDPR.

3.        Erasure of Data and Retention Period

The data subject’s personal data shall be erased or blocked once the purpose of storage ceases to apply. Data can be retained beyond this period if this is provided for by European or national legislators in EU regulations, laws or other regulations to which the Controller is subject. The data shall in such cases be blocked or erased once the retention period specified by the aforementioned standards expires, unless further retention of the data is required for the conclusion or fulfilment of a contract.

IV.     Provision of the Website and Creation of Log Files

1.        Description and Scope of Data Processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data are collected:

1. Information on the browser type and version used
2. The operating system of the user
3. The Internet service provider of the user
4. The IP address of the user
5. Date and time of access
6. Websites from which the user’s system accesses our website
7. Websites accessed by the user’s system through our website

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

2.        Legal Basis for Data Processing

The legal basis for temporary data storage and log files is point (f) of Article 6(1) GDPR.

3.        Purpose of Data Processing

Temporary system storage of the IP address is necessary to allow the website to be provided on the computer of the user. To this end, the IP address of the user must be stored for the duration of the session.

Storage in log files occurs to ensure the functionality of the website. In addition, the data serve to optimise the website, and ensure the security of our IT systems. The data will not be evaluated for marketing purposes in this context.

Such purposes also constitute our legitimate interest in data processing according to point (f) of Article 6(1) GDPR.

4.        Duration of Storage

The data will be erased as soon as it is no longer required to achieve the purpose of its collection. In the case of collection of data for the provision of the website, this is the case when the relevant session ends.

In the case of storage in log files, this is the case after seven days at the latest. Retention beyond this time is possible. In this case, the IP addresses of the users are erased or modified so that they can no longer be associated with the accessing client.

5.        Option of Objection and Elimination

The collection of data is necessary for the provision of the website, and storage of the data in log files is necessary for the operation of the website. Consequently, the user has no option to object.

V.       Use of cookies

Our website uses technically necessary cookies.

VI.          Contact Form and E-mail Contact

1.             Description and Scope of Data Processing

There is a contact form on our website which can be used to contact us electronically. If a user uses this option, then the data entered into the input screen will be transferred to us and stored. These data are:

(1)       The recipient (department) of the contact query (service, sales, accounting, management or IT)

(2)       Subject

(3)       Enterprise name

(4)       Name

(5)       Telephone number

(6)       E-mail address

(7)       The method via which you would like to be contacted (telephone or e-mail)

At the time of sending the message, the following data will be stored:

(1 ) The IP address of the sender

(2 ) Date and time of the contact

Alternatively, we can be contacted using the e-mail address provided. In this case, the personal data of the user transferred with the e-mail will be stored.

In this context, data will not be passed on to third parties. The data will exclusively be used for processing the conversation.

2.        Legal Basis for Data Processing

The legal basis for data processing where the user has given their consent thereto is point (a) of Article 6(1) GDPR.

The legal basis for the processing of data in the course of sending an e-mail is point (f) of Article 6(1) GDPR. If the e-mail contact is aimed at concluding a contract, an additional legal basis for processing is point (b) of Article 6(1) GDPR.

3.        Purpose of Data Processing

Processing personal data from the input screen serves solely to handle the contact. In the case of contact by e-mail, the necessary legitimate interest is in processing the data.

The other personal data processed during the sending process serves to prevent abuse of the contact form and ensure the security of our IT systems.

4.        Duration of Storage

The data will be erased as soon as it is no longer required to achieve the purpose of its collection. For personal data from the input screen of the contact form and that sent by e-mail, this is the case when the relevant conversation with the user ends. The conversation ends when it can be seen from the circumstances that the relevant case has been conclusively clarified.

The additional personal data collected during the sending process will be erased after a period of seven days at the latest.

5.        Option of Objection and Elimination

The user can withdraw their consent to personal data processing at any time. If the user contacts us by e-mail, then they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

To withdraw consent and object to the storage of your personal data, please send an e-mail with the subject “objection” to info@ica.de.

All personal data stored in the course of contact will be erased in this case.

VII. Use of Google Analytics

We use Google Analytics to analyse website usage. The data obtained from this is used to optimise our website and advertising measures.

Google Analytics is provided to us by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes website usage data on our behalf and is contractually committed to measures to ensure the security and confidentiality of the data processed.

During your website visit, the following data is recorded, among others:

– Pages viewed

– Orders including sales and products ordered

– The achievement of “website goals” (e.g. contact requests and newsletter sign-ups)

– Your behaviour on the pages (e.g. dwell time, clicks, scrolling behaviour)

– Your approximate location (country and city)

– Your IP address (in shortened form, so that no clear allocation is possible)

– Technical information such as browser, internet provider, terminal device and screen resolution

– Source of origin of your visit (i.e. via which website or advertising material you came to us)

No personal data such as name, address or contact details are ever transferred to Google Analytics.

This data is transferred to Google servers in the USA. We would like to point out that the same level of protection under data protection law cannot be guaranteed in the USA as within the EU.

Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID with which you can be recognised on future website visits.

The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely.

If you do not agree with the collection, you can prevent it by installing the browser add-on Browser-Add-ons zur Deaktivierung von Google Analytics to deactivate Google Analytics once or by rejecting the cookies via our cookie settings dialogue.

VIII.  Rights of Data Subjects

If your personal data are 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 Access

You can request a confirmation from the Controller of whether we process personal data relating to you.

If such processing takes place, you can request the following information from the Controller:

(1)       the purposes for which personal data are processed;

(2)       the categories of personal data processed;

(3)       the recipients or categories of recipients to which the personal data relating to you have been or are to be disclosed;

(4)       the envisaged period for which personal data relating to you will be stored, or, if specific information on this is not possible, the criteria used to determine that period;

(5)       the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;

(6)       the right to lodge a complaint with a supervisory authority;

(7)       any available information as to the source of the data where the personal data are not collected from the data subject;

(8)       the existence of automated decision-making including profiling according to Article 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.

You have a right to information as to whether the personal data relating to you are transmitted to a third country or to an international organisation. If this is the case, you have the right to be informed of the appropriate safeguards according to Article 46 relating to the transfer.

2.        Right to Rectification

You have a right to rectification and/or completion vis-à-vis the Controller if the personal data processed relating to you is inaccurate or incomplete. The Controller must undertake rectification without undue delay.

3.        Right to Restriction of Processing

Under the following circumstances, you can request us to restrict processing of the personal data relating to you:

(1)       if you contest the accuracy of the personal data relating to you for a period that enables the Controller to verify accuracy of the personal data;

(2)       if processing is unlawful, but you refuse erasure of the personal data, requesting instead that use of the personal data be restricted;

(3)       if the Controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

(4)       if you have objected to processing according to Article 21(1) GDPR, pending the verification whether the legitimate grounds of the Controller override your legitimate grounds

Where processing of the personal data relating to you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

Where processing has been restricted pursuant to the aforementioned conditions, you shall be notified by the Controller before the restriction is lifted.

4.        Right to Erasure

a)        Obligation to erase

You have the right to obtain from the Controller the erasure of your personal data without undue delay and the Controller is obliged to erase such data without undue delay where one of the following grounds applies:

(1)       Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2)       You withdraw your consent on which processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and there is no other legal ground for processing.

(3)       You object to processing according to Article 21(1) and there are no overriding legitimate grounds for processing, or you object to processing according to Article 21(2) GDPR.

(4)       Your personal data have been unlawfully processed.

(5)       Your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject.

(6)       Your personal data have been collected in relation to the offer of information society services according to Article 8(1) GDPR.

b)        Information to third parties

Where the Controller has made your personal data public and is obliged according to Article 17(1) GDPR to erase them, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you as the data subject have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.

c)        Exceptions

The right to erasure does not apply to the extent that processing is necessary

(1)       for exercising the right of freedom of expression and information;

(2)       for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

(3)       for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;

(4)       for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR insofar as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5)       for the establishment, exercise or defence of legal claims.

5.        Right of Information

If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the Controller, the Controller is obliged to communicate such rectification or erasure of the data or restriction of processing to each recipient to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to request information on those recipients from the Controller.

6.        Right to Data Portability

You have the right to receive any personal data related to you that has been provided by you to the Controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where

(1)       the processing is based on consent according to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract according to point (b) of Article 6(1) GDPR and

(2)       processing is carried out by automated means.

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 adversely affect the rights and freedoms of others.

The right to data portability does not apply to any personal data processing that is 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, on grounds relating to your particular situation, at any time to any processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The Controller shall no longer process your personal data, unless the Controller demonstrates compelling legitimate grounds for processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to any processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8.        Right to Withdraw Consent

You have the right to withdraw your data consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9.        Automated Individual Decision-Making Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1)       is necessary for entering into, or performance of, a contract between you and the Controller;

(2)       is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3)       is made with your explicit consent.

Nevertheless, such decisions must not be based on special categories of personal data according to Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the Controller implements suitable measures to safeguard your 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 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 habitual residence, place of work or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy according to Article 78 GDPR.

IX. Google Maps

This site uses the mapping service Google Maps via an API. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.

Google Maps is used in the interest of an appealing presentation of our online offers and to make it easy to find the places we indicate on the website. This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO.

More information on the handling of user data can be found in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/ .

For users of Google services in the European Economic Area (EEA) and Switzerland, Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, Ireland has been legally responsible since 22.01.2019.

X. Google Tag Manager order processing agreement (AVV)

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that enables us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store any cookies and does not carry out any independent analyses. It is only used to manage and display the tools integrated via it. However, the Google Tag Manager records your IP address, which may also be transmitted to Google’s parent company in the United States.

The Google Tag Manager is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the fast and uncomplicated integration and management of various tools on its website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1

TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under

9 / 13 company certified under the DPF undertakes to comply with these data protection standards.

Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

XI. reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. reCAPTCHA is used to check whether the data input on this website (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, reCAPTCHA analyses the behaviour of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. To analyse this, reCAPTCHA evaluates various pieces of information (e.g. IP address, time spent on the website by the website visitor or mouse movements made by the user). The data collected during the analysis is forwarded to Google and the reCAPTCHA analyses run completely in the background. Website visitors are not informed that an analysis is taking place and the data is stored and analysed on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its website from abusive automated spying and SPAM. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 110 / 13 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time. For more information on Google reCAPTCHA, please refer to the Google Privacy Policy and the Google Terms of Use at the following links: https://policies.google.com/privacy?hl=de and https://policies.google.com/terms?hl=de. The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

XII. BorlabsCookie

Our website uses Borlabs Cookie consent technology to obtain your consent to the storage of certain cookies in your  certain cookies in your browser or for the use of certain technologies and to document this consent in compliance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany (hereinafter referred to as Borlabs).

When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the the consents you have given or the revocation of these consents are stored. This data will not be passed on to the provider of Borlabs Cookie.

The data collected will be stored until you ask us to delete it or delete the Borlabs cookie yourself or until the purpose for storing the data no longer applies. Mandatory statutory retention periods remain unaffected. Details on data processing by Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.

Borlabs cookie consent technology is used to fulfil the legally required consent for the use of cookies. consents required by law for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. C GDPR.

XIII Google Fonts Privacy Policy

This site uses so-called Google Fonts, which are provided by Google, for the standardised display of fonts. When you access a page, your browser loads the required 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. This informs Google that this website has been accessed via your IP address. The use of Google Fonts is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the uniform presentation of the typeface on its website.

website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

If your browser does not support Google Fonts, a standard font will be used by your computer.

You can find more information about Google Fonts at

https://developers.google.com/fonts/faq and in Google’s privacy policy:

https://policies.google.com/privacy?hl=de.

The company is certified according to the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under DPF-certified company undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

XV. Use of SalesViewer® technology

This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.

In order to do this, a javascript based code, which serves to capture company-related data and according website usage. The data captured using this technology are encrypted in a non-retrievable one-way function (so-called hashing). The data is immediately pseudonymised and is not used to identify website visitors personally.

The data stored by Salesviewer® will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.

The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/opt-out in order to prevent SalesViewer® from recording your data. In this case, an opt-out cookie for this website is saved on your device. If you delete the cookies in the browser, you will need to click on this link again.