PRIVACY POLICY HMT-HELIOS MOTO TRAILERS E.K.
This privacy policy of HMT-Helios Moto Trailers e.K. with its registered office in Bexbach/Frankenholz 66450, Banatstr 47, TAX number: DE 303985114 (hereinafter: “HMT”) sets out how HMT collects, processes and uses your data. The owner of the Service operated at heliosmototrailers.com is HMT.
1. GENERAL PROVISIONS
1.1. This privacy policy of the Website is informative, which means that it does not create obligations for Users. Its purpose is to indicate the principles and define the basic rights related to the processing of personal data.
1.2. In connection with Article 13 of the General Data Protection Regulation (hereinafter: “GDPR”), HMT informs you that the controller of the personal data collected via the Service is HMT-Helios Moto Trailers e.K. with its registered office in Bexbach/Frankenholz 66450, Banatstr 47, TAX number: DE 303985114, e-mail address: info@heliosmototrailers.com – hereinafter referred to as “Controller”.
1.3. Your personal data shall be processed in accordance with the principles set out in the data protection legislation, including:
• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GeneralData Protection Regulation) (“GDPR”)
• Regulations issued in connection with GDPR, including the Data Protection Act of 10 May 2018 and the Act on the Provision of Electronic Services of 18 July 2002.
1.4. If you have any questions regarding the processing of your personal data, please contact the Controller directly at the following email address: info@heliosmototrailers.com.
1.5. The Controller shall take particular care to protect the interests of data subjects, and in particular shall ensure that the data collected by it are processed lawfully; collected for specified, legitimate purposes and not further processed in a way incompatible with those purposes; substantively correct and adequate in relation to the purposes for which they are processed; and kept in a form which permits the identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
1.6. All words, phrases and acronyms appearing on this site and beginning with a capital letter shall be understood in accordance with their definitions contained in the Terms and Conditions available on the Site.
2. PURPOSE AND SCOPE OF DATA COLLECTION
2.1. In each case, the purpose, scope and recipients of the data processed by the Controller result from the activities undertaken by the User on the Website.
2.2. Possible purposes for the collection of Users’ personal data by the Controller:
2.2.1. On the basis of Article 6(1)(b) GDPR for the performance of a contract to which the User is/will be a party – for the duration of the contract;
2.2.2. On the basis of Article 6(1)(c) GDPR in order to fulfil the Controller’s legal obligations, including in particular the performance of warranty services, warranty liability, the exercise of consumer rights, tax obligations – until such time as the obligations are fulfilled or the claims are barred;
2.2.3. on the basis of Article 6(1)(f) GDPR in order for the Controller to assert claims related to the concluded agreement, to keep statistics, to handle requests sent via contact forms and to conduct marketing activities promoting the Controller’s activity, including with the use of e-mail addresses – until an objection is raised to the processing of data on this basis.
2.3. The Controller may process the following personal data of Users using the Website: name and surname; e-mail address; contact telephone number, street, house and apartment number, postal code, city, country. In the case of Users who are not consumers, the Controller may process the company name and tax identification number of the User in addition to the above data.
2.4. The provision of the personal data referred to in the paragraph above may be necessary for the conclusion and performance of the contract for the provision of electronic services. If required by law, the Controller may also require other necessary data. Apart from the cases indicated above, providing the data is voluntary and requires the User’s consent.
2.5. The Controller processes the User’s data during the validity of the contract concluded with the User (including the existence of the User’s account) and also after its termination in the situation of the performance of obligations arising from the provisions of law, including in particular tax and accounting obligations, the assertion of claims in connection with the performance of the contract, for archiving and statistical purposes and also at the request of competent public authorities, and after this period, only in the case and to the extent required by the provisions of law. The User’s personal data collected for marketing purposes are processed by the Controller until the User withdraws his/her consent or raises an effective objection to such processing.
2.6. If consent is given, the User’s personal data will be processed by HMT on the basis of automated decision-making, including profiling. Technologies storing and accessing information stored on the User’s terminal equipment (in particular using cookies) allow HMT to assess the User’s activity and, based on this, to tailor advertising and the content presented on the website to the individual preferences of each User. The Cookies Policy can be found in section 4 of this Privacy Policy.
3. RECIPIENTS OF THE DATA
3.1. Possible recipients of the Service Users’ personal data are entities cooperating with HMT for the purposes of the processing referred to in paragraph 2, as well as companies providing postal and courier services and payment service providers.
3.2. Furthermore, the recipients of the data may be entities directly or indirectly related to the Controller, in particular in an organisational or personal way, which would be established in one of the Member States of the European Union, as well as external service providers (e.g. IT service providers, entities providing services in the field of marketing and promotional activities, other entities processing data on behalf of the Controller on the basis of personal data processing agreements), accountants, auditors, lawyers,administrative authorities, state services and courts.
3.3. Users’ personal data is not transferred to countries outside the European Union and, in the event of transfer to third countries outside the EU, the Controller will use appropriate instruments to ensure the security of personal data.
4. COOKIES POLICY
4.1. Cookies are text files sent by the Website and stored on the User’s terminal equipment used by the User while browsing the website. Cookies contain information necessary for the proper functioning of the Website. Cookies usually contain the domain name of the website from which they originate, their storage time on the end device and a number.
4.2. Cookies identify the user so that the content of the website they use can be tailored to their needs. By remembering your preferences, it enables content, including advertising,to be tailored to you.
4.3. The processing of data, including personal data derived from cookies on the Website, is carried out on the basis of the legitimate interest of the Controller.
4.4. The legal basis for the processing of data, including personal data for analytical and statistical purposes, customisation of the website, linking to social media and for advertising purposes is the consent of the Service User.
4.5. The User of the Website may consent to the use of individual types of Cookies when accessing the Website for the first time or each time he/she subsequently uses the Website.
4.6. The User of the Website may withdraw their consent to the use of Cookies at any time by deleting Cookies from their Internet browser.
4.7. The website uses two types of cookies:
• “session”, which are stored on the User’s terminal equipment until the User logs out, leaves the website or switches off the web browser.
• “permanent”, stored on the User’s terminal equipment for the time specified in the parameters of the Cookies (Cookies may remain on the User’s equipment for different lengths of time – this may be the duration of the session, or a set duration of existence), or until they are deleted by the User.
4.8. The website uses the following cookies:
• indispensable – files enabling the use of services available on the Website, including files used for services requiring authentication on the Website, serving to ensure security, e.g. detection of misuse of authentication on the Website.
• analytical – files enabling the collection of information on how the Website is used in order to adapt it to the User’s needs. The Controller counts visits to the Website and determines how Users navigate the Website so that it can improve its operation. All data collected by these Cookies remain anonymous. By not consenting to the use of these Cookies, the User may render certain functions of the Website unavailable to him/her.
• functional files – files which enable personalisation of the User’s interface, e.g. with regard to the selected language or region, font size, appearance of the website. If the User does not consent to the use of these files, some functions of the Website may not function correctly.
• advertising files – files which enable the User to be provided with advertising content more adapted to his/her preferences and interests. The Website also uses marketing activities using third-party cookies placed through the Website by advertising providers. These are used to present ads that are more relevant or match the User’s profile, to prevent the same ad from appearing again, and to measure the effectiveness of advertising campaigns. If the User does not consent to the use of these Cookies, they will not receive advertising information, but will still be able to use the Website.
4.9. Cookies are used for:
• to adapt the content of the Website to the User’s preferences;
• to optimise the use of the Website, in particular by recognising the User’s terminal equipment,
• production of statistics,
• maintain the user session,
• provide the User with advertising content.
4.10. Cookies may be placed on the Service User’s terminal equipment.
4.11. Please note that in some cases, independent of the Controller, the software installed by the User on the terminal device used to browse the website (e.g. Internet browser) introduces the default storage of Cookies on the User’s terminal device. Users may change their settings regarding Cookies at any time. These settings can be changed, inter alia, in such a way as to block the automatic setting of Cookies or to inform of their each time they are placed on the User’s terminal equipment. Detailed information in this regard is available in the settings and instructions of the software (web browser).
4.12. The Controller, on the basis of its legitimate interest, uses the following third-party cookies:
• Google Analytics provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA – for the purpose of creating and maintaining statistics for the Website. The User can object to Google’s use of cookies via the website: https://tools.google.com/dlpage/gaoptout?hl=pl. The User can also deactivate the use of Google cookies within the cookie settings on the Website. More information is available at: https://policies.google.com/privacy?hl=pl.
• Google Tag Manager provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA – for the purpose of creating and maintaining statistics for the Website and running advertising campaigns for the Website. The User can deactivate the cookies used for advertising and remarketing services via their Google account settings: https://adssettings.google.com. The User may also deactivate the use of cookies for remarketing services as part of their cookie settings on the Website. More information is available at: https://policies.google.com/privacy?hl=pl.
• Google Ads provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA – for marketing campaigns, including remarketing. The user can deactivate the cookies used for advertising and remarketing services via their Google account settings: https://adssettings.google.com. The User may also deactivate the use of cookies for remarketing as part of the Service’s cookie settings. More information is available at: https://policies.google.com/privacy?hl=pl.
• Facebook’s PIXEL provided by Facebook Inc, 1601 S. California Ave. Palo Alto, CA 94304, USA – to implement advertising campaigns, including remarketing. The information collected within the Facebook Pixel is automatic and anonymous. On their basis, the Controller is not able to identify the User. The Controller only has information about the actions taken by the User within the Service. The user can also manage their privacy settings from their Facebook account. The User can also disable the use of Facebook Pixel cookies within the cookie settings on the Website. For more on Facebook’s activities, see Facebook’s privacy policy: https://www.facebook.com/privacy/explanation.
5. BASIS OF DATA PROCESSING
5.1. The provision of personal data by the User is voluntary, but failure to provide the personal data indicated on the Website necessary for the conclusion and performance of the contract or the contract for the provision of electronic services results in the impossibility of concluding these contracts.
5.2. The basis for the processing of the User’s personal data is the necessity for the performance of a contract to which the User is a party or to take steps at the User’s request prior to entering into a contract.
5.3. In the case of processing for direct marketing of the Controller’s own products or services, the basis for such processing is also:
• the User’s prior consent (for one or more purposes – e.g. sending commercial and marketing information, sending a newsletter, providing information of a marketing nature; consent may be given as a result of an active action by submitting a form or by ticking a checkbox);
• legitimate interest of the Controller – in accordance with Article 6(1)(f) of the GDPR.
5.4. In some cases, the processing of personal data may also be based on the protection of the User’s interests or compliance with a legal obligation in order to comply with a legal duty incumbent on the Controller.
6. THE RIGHT TO CONTROL, ACCESS AND RECTIFY THEIR DATA
6.1. In particular, the user has the right:
• withdraw consent to the processing of personal data at any time (where consent is the legal basis for the processing);
• access to data – to receive confirmation from the Controller as to whether or not personal data are being processed by the Controller and in what way;
• rectify outdated or inaccurate personal data and complete them when they are incomplete;
• object to the processing of personal data if the Controller processes them on the basis of a legitimate interest (e.g. analytical, statistical, archiving, evidential purposes,) – in the event of an objection the Controller shall cease processing the data, unless he/she can demonstrate the existence of substantial, legitimate grounds for the processing which should objectively prevail over the User’s interest or are necessary to establish, assert or defend claims (e.g. for evidential purposes, or in the case of asserting claims); the right to object also applies when the processing concerns direct marketing, including profiling (regardless of whether the legal basis for such processing is consent or the legitimate interest of the Controller; in each case, the objection or withdrawal of consent in this regard will cause the Controller to cease processing data for this purpose – information on the use of Cookies has been indicated in the Cookies Policy.
• request the deletion of personal data by the Controller; the so-called “right to be forgotten” consists of requesting the immediate deletion of the User’s personal data by the Controller; however, in accordance with Article 17 GDPR, there are exceptions to this right – e.g. data processed for the purpose of establishing, investigating or defending claims;
• request the restriction of the processing of personal data, which consists in temporarily blocking access to the User’s data or transferring the data to another system;
• lodge a complaint related to the processing of personal data by the Controller to the supervisory authority – the President of the Office for Personal Data Protection;
6.2. You can send requests concerning the processing of your personal data to the following email address: info@heliosmototrailers.com.
6.3. The User’s request will be processed without undue delay, but no later than one month after receipt. This period may be extended by a further two months due to the complexity of the requests or their number, of which the User will be informed. Until the request is processed, the User may receive information that he/she has opted out of by withdrawing his/her consent.
7. DATA STORAGE
7.1. The Controller shall retain personal data for the period necessary to fulfil the purposes of which the User has been informed.
7.2. The retention period for personal data is set in accordance with the applicable legislation.
7.3. You have the right to be informed by the Controller what the likely duration of storage of your personal data is.
8. FINAL PROVISIONS
8.1. The Controller shall apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks, and in particular to protect the data against their access to unauthorised persons, against their being taken by an unauthorised person, against their being processed in violation of the applicable regulations, and against their alteration, loss, damage or destruction.
8.2. The Controller shall apply technical measures to prevent unauthorised persons from obtaining and modifying personal data sent electronically in the form of securing the dataset against unauthorised access.
8.3. The Controller reserves the right to make changes to this Privacy Policy, which may result from the need to adapt to changes in legislation or applicable privacy standards or to expand the offer.
8.4. Please check heliosmototrailers.com regularly for updates to the Privacy Policy. If you do not accept the Privacy Policy or any changes to the Privacy Policy, you should cease using heliosmototrailers.com.