Privacy Policy

We, DIGA Ingenieur GmbH & Co. KG, also known as amian-cars.com, appreciate you visiting our homepage. As a car retailer, the secure handling of our data is particularly important to us. For this reason, we would like to provide you with comprehensive information regarding the use of your data when you access our website.

Definitions

The privacy policy of DIGA / amian-cars.com is based on the terminology used by the European legislative bodies in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and comprehend for both the public as well as our customers and business partners. To ensure this, we would first like to define the terminology used.

This privacy policy uses the following terms, among others:

Personal data: Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is an individual 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.

Data subject: The data subject is an identified or identifiable natural person whose personal data are processed by the data controller.

Processing: Processing refers to any operation or set of operations performed on personal data or on sets of personal data, with or without the use of automated means, such as collecting, recording, organising, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying.

Restriction of processing: Restriction of processing refers to the marking of stored personal data with the aim of limiting their processing in the future.

Profiling: Profiling refers to any form of automated processing of personal data related to the use of personal data to evaluate certain personal aspects concerning a natural person, in particular to analyse or predict aspects regarding that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation: Pseudonymisation refers to 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.

Data controller or data processor: The data controller 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 European Union or Member State law.

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

Recipient: Recipient refers to a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, regardless of whether this is a third party or not. However, public authorities which may receive personal data in the context of a particular inquiry in accordance with European Union or Member State law shall not be regarded as recipients.

Third party: Third party refers to 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.

Consent: Consent from the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by means of a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Data collection

The website of DIGA / amian-cars.com collects a series of general data and information each time a data subject or automated system accesses the website. These general data and information are stored in the log files of the server. The data collected may include

  • the browser type and versions used,
  • the operating system used by the accessing system,
  • the website, from which the accessing system arrives on our website (the so-called referrer),
  • the sub-pages, which are directly accessed on our website via an accessing system,
  • the date and time the website is accessed,
  • an Internet Protocol Address (IP address),
  • the Internet Service Provider of the accessing system and
  • other similar data and information, which serve the aversion of danger in the case of attacks on our information technology systems.

DIGA / amian-cars.com does not draw conclusions about the data subject when using the general data and information. Rather, this information is required

  • to properly deliver the contents of our website,
  • to optimise the contents of our website as well as the advertising for it,
  • to ensure the permanent functionality of our information technology systems and the technology of our website as well as
  • to provide law enforcement authorities with the required information for prosecution in the event of a cyber attack.

On the one hand, the data and information is anonymously collected for the purpose of statistical analysis and with the objective of increasing data protection and data security in our company, in order to ultimately ensure an ideal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from all personal data indicated by a data subject.

Legal or contractual provisions regarding the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide the data

We hereby point out that the provision of personal data is in part prescribed by law (e.g. tax law) or may emerge from contractual requirements (e.g. information about the contractual partner). In the context of concluding a contract, it may be necessary that a data subject provides us with personal data, which we are then required to process. For example, the data subject is required to provide us with personal data if our company enters a contract with him or her. Failure to provide the personal data may make it impossible to conclude the contract with the data subject. Before the data subject provides personal data, the data subject shall contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis, whether the provision of the personal data is legally or contractually required and whether there exists a requirement to provide the personal data, as well as the consequences that result from the failure to provide the personal data.

Contact option via the website

Due to legal provisions, the website by DIGA / amian-cars.com contains information, which enables swift electronic contact as well as direct communication with our company, which also includes a general address and electronic mail (email) address. If a data subject contacts the data controller via email or the contact form, the personal data submitted by the data subject are automatically stored. Such personal data submitted by the data subject to the data processor on a voluntary basis are stored for the purpose of processing or contacting the data subject. These personal data are not transmitted to third parties.

Use of cookies

To make visiting our website more appealing and to allow the use of certain functions, we use cookies on various pages. Cookies are small text files, which are stored on your computer. Some of the cookies we use are erased after the browser session has ended, i.e. after you close your browser (so-called session cookies). Other cookies stay on your device and enable us to recognise your browser the next time you visit our site (persistent cookies). You can configure your browser to notify you about cookies and decide whether to accept the cookie, or to block specific or all cookies. If you do not accept cookies, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analysis

This website uses Google (Universal) Analytics, a web analysis service hosted by Google Inc. (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of your use of this website, such as so-called cookies, text files that are stored on your computer. The information generated about your use of this website is typically transmitted to a Google server in the USA and stored there. At the same time, due to IP anonymisation being activated on this website, your IP address is truncated prior to transmission within member states of the European Union or to other states party to the Agreement on the European Economic Area. The complete IP address is only transmitted to a Google sever in the USA and truncated there in exceptional cases. The IP address transmitted by your browser in line with Google Analytics is not merged with other Google data.

You can prevent data about your website use generated by the cookie (incl. your IP address) from being collected and transmitted to Google as well as the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http://wbs.is/rom89.

As an alternative to the browser plug-in, you can click the following link to prevent future collection by Google Analytics on this website. This will save an opt-out cookie to your device. If you delete your cookies, you must click on the link again.

Disable Google Analytics

Embedded videos and images from external websites

Some of our sites contain embedded content from YouTube or Instagram. Merely accessing a page on our website that contains embedded videos or images from our YouTube and/or Instagram channel does not result in the transmission of any personal data, except for the IP address. In this case, the IP address is transmitted to by YouTube to Google Inc., 600 Amphitheatre Parkway, Mountain View, CA 94043 USA („Google“) and by Instagram to Instagram Inc., 181 SouthPark Street Suite 2, San Francisco, California 94107, USA („Instagram“).

Declaration of changes

Legal changes or changes to our internal processes may require that this privacy policy is modified.

If changes of this kind are required, we will inform you in this regard no later than six week prior to the date the changes become effective. In general, (Article 6), you have the right to withdraw consent.

Please note that (if you do not exercise your right to withdraw consent) the most current version of this privacy policy applies.

Updating/erasing your personal data

You may check, modify, or erase the personal data you provided to us at any time by sending an email to the email address carina@amian-cars.com. If you are a member, you may object to the receipt of additional information in the future this way.

Further, you have the right to revoke your given consent at any time for the future.

The stored personal data are erased if you revoke your consent to retention.

The data processor processes and stores the data subject’s personal data only for the time period needed to achieve the purpose of storage or if this is prescribed by the European legislative bodies, or any other legislator of laws or regulations to which the processor is subject.

In the event that the purpose of storage no longer applies, or a limitation period prescribed by the European legislative bodies or any other competent legislator, the personal data are routinely blocked or erased in accordance with the legal provisions.

Rights of the data subjects

Every data subject has the right granted by the European legislative bodies to obtain from the data processor confirmation whether the personal data relating to him or her were processed. If a data subject wishes to exercise the right to confirmation, he or she may contact our data protection officer or any other staff member employed by the processor at any time.

The European legislative bodies grant every data subject the right to obtain from the data processor information regarding the data stored relating to him or her and to receive a copy of this information free of charge. Furthermore, the European legislative bodies grant the data subject the right to access the following information:

  • the purposes of processing
  • the categories of personal data being processed
  • the recipients or categories of recipients, to whom the personal data were disclosed, in particular in the case of recipients in third countries or in the case of international organisations,
  • if possible, the duration for which the personal data are intended to be stored; if this is not possible, the criteria for the determination of this duration,
  • the existence of a right to correction or deletion of the personal data pertaining to the data subject or to a restriction of processing by the controller or a right of objection to this processing,
  • the existence of the right to lodge a complaint with a supervisory authority;
  • if the personal data were not collected from the data subject: All available information on the origin of the data,
  • the existence of automatic decision-making, including profiling, referred to in Article 22(1) and (4) 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.

Furthermore, the data subject has a right to obtain information regarding the transmission of personal data to a third country or an international organisation. If this is the case, the data subject also has the right to receive information on adequate guarantees in connection with the transmission.

If a data subject wishes to exercise his or her right to obtain information, he or she may contact our data protection officer or any other staff member employed by the processor at any time.

The European legislative bodies grant every data subject the right 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 further has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise his or her right to rectification, he or she may contact our data protection officer or any other staff member employed by the processor at any time.

The European legislative bodies grant every data subject the right 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 and if processing is not required:

The personal data were collected for purposes or otherwise processed, for which it is no longer required.

The data subject revokes his or her consent on which processing was based according to Article 6 (1)(a) of the GDPR or Article 9 (2)(a) of the GDPR, and if there are no other legal grounds for the processing.

The data subject objects to processing in accordance with Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the GDPR.

The personal data were processed illegally.

The erasure of personal data is required to meet a legal obligation according to EU law or the right of member states, to which the controller is subject.

Your personal data were collected in the context of information society services in accordance with Article 8 (1) of the GDPR.

If one of the above-mentioned grounds applies and a data subject wishes to exercise the right to erasing the data stored by DIGA / amian-cars.com, he or she may contact our data protection officer or any other staff member employed by the processor at any time. The data protection officer of DIGA / amian-cars.com or another staff member will immediately respond to the erasure request.

If the personal data were made public by DIGA / amian-cars.com and our company is required to erase the personal data in accordance with Article 17 (1) of the GDPR, DIGA / amian-cars.com, under consideration of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data about the data subject’s request to erase any links to, or copies or replications of those personal data by such processors, if processing is not necessary. The data protection officer appointed by DIGA / amian-cars.com, or another staff member will initiate the necessary measures on a case-by-case basis.

According to the European legislative bodies, every data subject has the right to request the restriction of processing from the controller if one of the following requirements is given:

The data subject disputes the accuracy of the personal data and does so for a period, which enables the controller to review the accuracy of the personal data.

The processing is illegal, the data subject objects to the erasure of the personal data and instead demands the restricted use of the personal data.

The controller no longer requires the personal data for the purpose of processing however, the data subject requires the data, to assert, exercise or defend legal claims.

The data subject has filed an objection to the processing pursuant to Art. 21 (1) of the GDPR and it is yet to be determined if the controller’s legitimate reasons outweigh those of the data subject.

If one of the above-mentioned reasons applies and a data subject wishes to exercise his/her right to restricting the data stored by DIGA / amian-cars.com, he or she may contact our data protection officer or any other staff member employed by the processor at any time. The data protection officer appointed by DIGA / amian-cars.com or another staff member will initiate the restriction of processing.

According to the European legislative bodies, every data subject has the right to receive all personal data pertaining to the data subject, which was made available to a controller by the data subject, in a structured, conventional and machine-readable format. Further, the data subject also has the right to transfer these data to another controller without any hindrance by the controller to whom the personal data were made available, provided that consent to processing is provided based on Art. 6 (1) (a) of the GDPR or Art. 9 (2) (a) of the GDPR or on a contract in accordance with Article 6 (1) (b) of the GDPR and processing is implemented using automated procedures, unless processing is necessary for the performance of a task in the public interest or which takes place in exercising official authority which was delegated to the controller.

Pursuant to Article 20 (1) of the GDPR, the data subject, in exercising his or her right to data portability, also has the right to achieve that the personal data is directly transferred from one controller to another controller, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

To exercise the right to data portability, the data subject may contact the data protection officer appointed by DIGA / amian-cars.com or any other employee of the company.

According to the European legislative bodies, every data subject has the right to object to the processing of personal data concerning the data subject at any time, on grounds relating to his or her particular situation based on Article 6 (1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, DIGA / amian-cars.com shall no longer process the personal data, unless we are able to prove compelling, legitimate grounds for the processing, which override the interests, rights and freedoms of the data subject, or if the personal data serve the assertion, exercise or defense of legal claims.

If DIGA / amian-cars.com processes personal data for the purpose of direct advertising, the data subject has the right to file an objection to the processing of personal data for the purpose of such advertising. This also applies to profiling, provided that it is linked to such direct advertising. If the data subject objects to the processing by DIGA / amian-cars.com for purposes of direct advertising, DIGA / amian-cars.com shall no longer process the personal data for these purposes.

The data subject further has the right, for reasons that arise from his or her particular situation, to object to the processing of his or her personal data, which DIGA / amian-cars.com conducts for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) of the GDPR, unless such a processing is required to fulfil a task, which is in the public interest.

To exercise the right to object, the data subject may directly contact the data protection officer appointed by DIGA / amian-cars.com or any other employee of the company. Irrespective of Directive 2002/58/EC, the data subject has the option, in connection with the use of information society services, of exercising his or her right to object via automated procedures that use technical specifications.

According to the European legislative bodies, every data subject whose personal data are processed has the right not to be subject to a decision based solely on automated processing — including profiling —, which takes effect in view of the data subject or significantly comprises the data subject in a similar manner, provided that the decision

is not required for the conclusion or the fulfilment of a contract between the data subject and the controller, or

is permissible based on legal provisions of the European Union or member states, which the controller is subject to and these legal provisions contain appropriate measures to protect the rights and freedoms as well as the legitimate interest of the data subject or

take place with explicit consent of the data subject.

If the decision for the conclusion or fulfilment of a contract between the data subject and the controller is required or

if the data subject provides explicit consent, DIGA / amian-cars.com will take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, which at least include the right of obtaining the intervention of a person on the part of the controller, explanation of one’s own point of view and contesting the decision.

If a data subject wishes to exercise his or her rights relating to automated decisions, he or she may contact our data protection officer or any other staff member employed by the processor at any time.

The European legislative bodies grant every data subject whose personal data are being processed the right to revoke from the controller without undue delay his or her consent to the processing of his or her personal data.

If a data subject wishes to exercise his or her right relating to revoking consent, he or she may contact our data protection officer or any other staff member employed by the processor at any time.

Legal basis for processing

Article 6 (1) (a) of the GDPR serves our company as a legal basis for processing operations, for which we obtain consent for a specific processing purpose. If the processing of personal data is required for the fulfilment of a contract, whose contracting party is the data subject, as is the case, for example, for processing operations required for the delivery of services or return services, Article 6 (1) (b) b of the GDPR serves as the basis for processing. The same applies to processing operations required for the implementation of pre-contractual measures, for instance in cases of enquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, for instance for the fulfilment of fiscal obligations, said processing is based on Article 6 (1) (c) of the GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. For example, this may be the case if a visitor is injured on our premises and his or her name, age, insurance information, or other vital information would need to be shared with a doctor, a hospital, or other third parties. Then, processing would be based on Article 6 (1) (d) of the GDPR. Finally, processing operations could be based on Article 6 (1) (f) of the GDPR. Processing operations, which are not covered by any of the aforementioned legal bases, are based on this legal basis if processing is required to protect a legitimate interest of our company or third party, provided that the interests, basic rights and fundamental freedom of the data subject are not predominant. We are entitled to these types of processing operations in particular because they are specifically mentioned by the European legislative bodies. The legislative bodies assume legitimate interest if the data subject is a customer of the data controller (Recital 47, Sentence 2 of the GDPR).

Legitimate interest in the processing pursued by the controller or a third party

Based on the processing of personal data pursuant to Article 6 (1) (f) of the GDPR, our legitimate interest is the operation of our business to benefit all of our employees and shareholders.

The data controller/ your contact person

For questions concerning the collection, processing or use of your personal information or for questions related to information, correction, blocking or deletion of data, or to withdraw consent previously given for a particular use of the data, please contact:

Company

DIGA Ingenieur GmbH & Co.KG

Rheinische Allee 8
50858 Köln

Phone: +49 (0)2234-949 0 117
Fax: +49 (0)2234-949 0 135

carina@amian-cars.com

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Last updated: May 2018