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
Tel.: +49 (231) 917044 – 0
II. Name and Address of the Data Protection Officer
The Data Protection Officer of the Controller is:
Tel.: +49 (231) 98980 – 320
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:
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.
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)
(3) Enterprise 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 firstname.lastname@example.org.
All personal data stored in the course of contact will be erased in this case.
VII. 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.
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.