Data protection

 

Privacy Statement

for the Manheim Express Platform

With this Privacy Statement, we would like to inform you about how we process personal data and about your rights. We are aware of the significance the processing of personal data has for you as the affected user. Therefore, we comply with all relevant legal requirements. The protection of your privacy is of the utmost importance to us. We process your personal data in accordance with the General Data Protection Regulation as well as the national data protection legislation.

Data Controller

Modix GmbH

Jakob-Hasslacher-Straße 4

56070 Koblenz, Germany

Telephone:  +49 261 200693330

Telefax: +49 261 200693420

Commercial register number: HRB 6373

Commercial register and register court: District Court of Koblenz

VAT number (according to §27a of the German Value Added Tax Act): DE211218578

Authorized representative(s): Lutz-Henrich Allert, Didier van Bouwel, Michael Buxton

E-mail: info@modix.de

Data Protection Officer contact details: privacy@modix.eu. 

Definitions

This Privacy Statement uses is the terminology of the General Data Protection Regulation (GDPR).

"Personal Data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one 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.

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Restriction of Processing" means the marking of stored personal data with the aim of limiting their processing in the future.

"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

"Pseudonymisation" means 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

"Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.

"Controller" means 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 Union or Member State law.

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

"Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

"Third party" means 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 authorized to process personal data.

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

Processing Operations

We collect and process the following personal data about you:

  • contact, address and sales information if you send us your contact information or register on our website,
  • online identifiers (e.g. IP address, browser type and browser version, the operating system used, the referrer URL, the IP address, the file name, the access status, the data volume transferred, the date and time of the server request),
  • the vehicle identification number of the traded vehicles once you have logged in,
  • social media identifiers.

Purposes of the Data Processing

We process your data for the following purposes:

  • to contact you as requested by you,
  • to inform you about our offer,
  • to perform the contract, in particular to provide and process the Manheim Express Platform,
  • for marketing purposes,
  • to send you the e-mail newsletter if you subscribed to it,
  • for quality assurance, and
  • for our statistics.

Legal Basis for the Processing

Your data is processed on the following legal bases:

  • your consent according to Article 6 paragraph 1 lit. a) GDPR, 
  • to execute a contract with you according to Article 6 paragraph 1 lit. b) GDPR,
  • to comply with our legal obligations according to Article 6 paragraph 1 lit. c) GDPR, or
  • due to a legitimate interest according to Article 6 paragraph 1 lit. f) GDPR.

To the extent that our processing of your personal data is based on legitimate interests in terms of Article 6 paragraph 1 lit. f) GDPR, these interests consist of

  • improving our offer,
  • protection against abuse, and
  • keeping statistics.

Data Sources

We receive the data from you (including through the devices used). If we don't collect the personal data directly from you, we inform you as a matter of principle about the source from which the personal data originated and if the data originated from sources accessible to the public, given the case.  

Transmission/Data Recipient

To process your data, we work with the following service providers who have access to your data:

  • providers of web analysis tools,
  • web hosting providers,
  • payment service providers, in particular Ingenico e-Commerce Solutions SPRL/BVBA, Da Vincilaan 3, 1930 Zaventem, Belgium, if this option is used,
  • transport services providers,
  • the German credit agency Schufa, where required.

Data is transferred to third countries outside of the European Union. This is done on the basis of contractual arrangements provided for by law. These contractual arrangements ensure an appropriate protection of your data and can be reviewed upon request.

In addition, we transfer your data to the parties involved in the sales activity, in particular the dealers.

Duration of the Processing

We store your personal data only as long as this is required to fulfill the purpose of the processing or the storing is subject to a legal retention period.
We store your data

  • if you consented to the processing, until you withdraw your consent at most,
  • if we require the data to execute a contract, for as long as the contractual relationship or the legal retention period lasts,
  • if we use the data based on a legitimate interest, until such an interest is overridden by your interest in erasure or anonymization.

Your Rights

You have – sometimes under certain conditions – the right

  • to access to your personal data being processed and to receive a copy of your personal data. Among other things, you can request information about the purpose of the processing, the categories of the personal data being processed, the recipients of the data (if they are disclosed), the duration of the storing, and the criteria to determine this duration;
  • to rectify your data. If your personal data are incomplete, you have the right to complete the data in consideration of the purposes of the processing;
  • to have your data erased or blocked. Among other things, grounds for the data subject to request erasure or blocking can be the withdrawal of the consent on which the processing is based, the data subject objecting to the processing, and the personal data having been processed unlawfully;
  • to have the processing restricted;
  • to object to the processing of your data;
  • to withdraw your consent to the processing of your data for the future; and
  • to lodge a complaint with the competent supervisory authority about a prohibited processing.

Further Information about Data Protection

Contact Form

The contact form on our website provides an easy way to contact us. To make the contact possible, some fields are marked as mandatory fields. When you complete the fields and select "Submit", you consent to your data being transmitted to us by e-mail along with the message. The data will not be saved on the web server.

 

E-mail Newsletter

When you register for our newsletter, we will use the data that are necessary for this and that were provided by you separately to regularly send you our e-mail newsletter. You can unsubscribe from our newsletter at any time by sending a message to the contact details provided above or by using the designated unsubscribe link in the newsletter.

Data Security

We have taken extensive technical and organizational measures to secure your data against possible dangers such as unauthorized access, perusal, alteration, or dissemination as well as loss, destruction, or abuse.

To protect your personal data against unauthorized access by third parties when they are transferred, we secure the data transfers using SSL encryption as required. This is a standardized encryption procedure for online services, in particular for the web.

Log files

Each time our Internet pages are accessed, user data are transmitted by the Internet browser and saved in so-called server log files. The data records saved in this process contain the following data: the domain from which the user accesses the website, the time and date of the access, the IP address of the accessing computer, the website(s) visited by the user in relation to the officer, the transferred data volume, the browser type and version, the operating system used, the name of the Internet service provider, the message as to whether or not the access was successful. These log file data records are analyzed in an anonymous form in order to improve the offer and its user-friendliness, to detect and correct errors, and to control the server utilization.

ProvenExpert

Our website uses plug-ins from the website provenexpert.com operated by Expert Systems AG. The operator of the website is Expert Systems AG, Quedlinburger Straße 1, 10589 Berlin, Germany. When you visit one of our pages equipped with the ProvenExpert plug-in, a connection to the servers of Expert Systems AG is established. In the process, the ProvenExpert server is informed about which pages of ours you have visited. The use of ProvenExpert is done in the interest of an attractive presentation of our online offer. This constitutes a legitimate interest as per Article 6 paragraph 1 lit f) GDPR. For further information about the handling of user data, please see the privacy statement of ProvenExpert AG at: https://www.provenexpert.com/de-de/datenschutzbestimmungen/.

Cookies

This website uses so-called cookies. A cookie is a text file with an identification number, which is transmitted to the user's computer and stored there together with the other data that were actually requested when the website is used. The file is kept available there for a later access and is used for the authentication of the user. Since cookies are only simple files and not executable programs, they do not pose a risk to the computer. Depending on the user's Internet browser settings, the browser might accept cookies automatically. However, this setting can be changed, and the saving of cookies can be disabled or set so that the user will be notified when a cookie is being placed. However, if the use of cookies is disabled, some functions of the website might not be available or only to a limited extent. You can prevent the placement of cookies by our website through the corresponding setting in the used Internet browser, thus permanently objecting to the placement of cookies. Cookies that are already active can be deleted via an Internet browser or other software programs anytime. Under some circumstances, we might work with advertising partners who help us design a more attractive Internet offer for you. For this purpose, cookies from partner companies are also saved on your hard drive in this case (third-party cookies). When we work with the aforementioned advertising partners, you will be informed on an individual and separate basis about the use of this type of cookies and the scope of the information collected in each case.

The following types of cookies are distinguished:

First-party cookies: First-party cookies are transferred by the platforms that were visited.

Third-party cookies: Third-party cookies are cookies transferred by provider different from the provider of the platform visited by the user. When a user accesses a platform and another entity transfers a cookie through this platform, this is a third-party cookie.

Strictly necessary cookies: These cookies are necessary to allow you to navigate through the platform and use its functions, such as accessing secure areas of the platform, for example. Without these cookies, certain services cannot be provided, for example displaying contents adapted to your computer or your device.

Performance cookies: These cookies collect information about how visitors use the platform, for instance which pages are accessed most frequently and if they receive error messages from websites. However, these cookies do not gather information about the visitor's identity. All information gathered by these cookies is summarized and therefore anonymous. They are only used to optimize the platform.

Functionality cookies: These cookies allow the platform to save your decisions (e.g. language settings and your region) and provide you with improved and more personalized functions. They can also be used to save your settings regarding text size, font, and other customizable parts of the website. Furthermore, they can be used to provide the services you desire, for example to display a video or the comment function in a blog. The information collected by these cookies can be anonymized. Your browsing activities cannot be tracked on other platforms.

Social media cookies: These cookies are used when you click on a button on a platform to share information on social media. The social network records this action and can use it for marketing or advertising purposes.

Marketing/advertising cookies: These cookies are used to display advertisements that might be relevant to you based on your interests. They are also used to limit the frequency with which a specific advertisement will be displayed to you. We also use cookies to measure how effective an advertising campaign is. They are usually placed by advertising networks with our permission and record your visit to a platform. This information is shared with other organizations such as advertising providers. Marketing and advertising cookies are frequently linked to platform functions. Our advertising cookies also make it possible for you to participate in customer surveys and provide us with your feedback so that we can improve the user experience.

Google Analytics

We use the service Google Analytics of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). This service allows for the analysis of the use of our webpages using cookies. For this purpose, the information generated by the cookie, such as your anonymized IP address, is transferred to a server of Google Inc. in the United States on our behalf, where it is saved and analyzed. That is because on this website, Google Analytics was expanded with the code "gat._anonymizeIp();". This ensures that IP addresses are recorded anonymously. Your IP address is generally anonymized by Google Inc. by shortening you IP address within the European Union or in other signatory states to the European Economic Area (EEA). In exceptional cases, your IP address is transferred to a server of Google Inc. in the United States and anonymized there. The IP address transmitted in this case is not combined with other data of Google Inc. Within the Google Analytics advertising function, the remarketing and the reports on performance according to demographic characteristics and interests are used. These procedures have the purposes of using the information about the user behavior to better align the advertising measures with the interests of the individual users. Within the context of remarketing, personalized advertising measures can be placed on other websites based on the user's browsing behavior. The advertising media can then contain products the user previously viewed on the website. If you consented to your web and app browsing history being linked to your Google account and information from your Google account being used to personalize ads, Google will use these data for cross-device remarketing. You can object to Google Analytics recording your data at any time. The following options are available to you for this:

Most browsers automatically accept cookies. However, you can prevent the use of cookies through your browser settings; but in this case, it might not be possible to use all of the functions of the website. You will have to make these settings for each browser you use.
In addition, you can prevent Google Inc. from recording and processing these data by downloading and installing the browser add-on available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively or in browsers on mobile devices, please click on the following link: Deactivate Google Analytics. This will place an opt-out cookie on your device for our webpages, effective for the browser you are currently using. If you delete your cookies in this browser, you will have to click on this link again.

For further information about the terms and data protection, please visit http://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.

Google Remarketing

The Remarketing technology of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google") is used to show interest-based advertisements to users who have already visited our website on sites of the Google partner network. The ads can then contain products the user previously viewed on our website (remarketing). For this purpose, the Google remarketing tracking pixel is integrated on our website. This pixel records the user behavior on the website (e.g. consultants viewed), the technical characteristics of the visit to the website (e.g. the browser used, the IP address) as well as the purchasing behavior (e.g. the consultant last visited) without any personal reference and transmits this to Google. Google uses cookies for the purposes of user recognition and attribution. If users consented to Google linking their web and app browsing history with their Google account and using the information from the Google account to personalize ads you see on the Internet, Google will use the data of these logged-in users with the data it collected itself to create and define target group lists for cross-device remarketing. To support this function, Google Analytics records authenticated IDs of these users. These personal data are temporarily linked to our Google Analytics data to create target groups.

For further information and the possibilities to opt out of this type of ad placement, please visit http://www.google.com/settings/u/0/ads/anonymous?hl=de.

Google Fonts

We use Google Fonts, a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The integration of these web fonts is done through a server call, generally a server of Google in the USA. This process transmits data to the server about which webpages you visited. Google also saves the IP address of the browser on the device of the visitor of these webpages. For further information, please see Google's privacy notices here: www.google.com/fonts#AboutPlace:aboutwww.google.com/policies/privacy/.

Google-Tag-Manager

This website uses Google Tag Manager of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Tag Manager is a solution with which marketers can manage website tags through an interface. The Tag Manager tool itself (which implements the tag) is a cookieless domain and does not record any personal data. The tool triggers other tags, which in turn might record other data. Google Tag Manager does not access these data. When an opt-out is done on a domain and cookie level, it will remain effective for all tracking tags implemented with the Google Tag Manager.

Google Maps

On this website, we use Google Maps (API) of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Maps is a web service to display interactive maps to visually represent geographic information. Using this service will show our location and facilitate your route there, given the case.  Information about your use of our website (such as your IP address) is already transferred to and saved on the Google servers in the USA when you access those subpages on which the Google Maps map is integrated. This is independent of whether Google provides a user account in which you are logged in or whether there is no user account. When you are logged in at Google, your data are directly attributed to your account.  If you do not want them to be attributed to your profile at Google, you will have to log out before activating the button. Google saves and analyzes your data (even for users who are not logged in) as user profiles. Such analyses are done particularly according to Article 6 paragraph 1 lit. f) GDPR based on Google's legitimate interests in displaying personalized ads, market research, and/or the needs-based design of its website. You have the right to object to the creation of these user profiles. To exercise this right, you have to contact Google. For more detailed information about data protection in relation to the use of Google Maps, please visit Google's website ("Google Privacy Policy"): http://www.google.de/intl/de/policies/privacy/

Facebook

Our webpages integrate plug-ins of the social network Facebook, its provider is Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plug-ins by the Facebook logo or the like button on our website. You can find an overview of the Facebook plug-ins here: http://developers.facebook.com/docs/plugins/. When you visit our webpages, a direct connection is established between your browser and the Facebook server via the plug-in. Facebook then receives the information that you visited our website with your IP address. When you click on the Facebook like button while logged in to your Facebook account, you can link your Facebook profile to the content of our webpages. This allows Facebook to attribute the visit on our webpages to your user account. Please note that, as the provider of the webpages, we do not obtain any information about the content of the transmitted data and their use by Facebook. You can find more information about this in Facebook's privacy statement at http://de-de.facebook.com/policy.php.

Twitter

Our webpages integrate plug-ins of the short messaging network of Twitter Inc. (Twitter). You can recognize the Twitter plug-in (tweet button) by the Twitter logo on our website. You can find an overview of the tweet buttons at (https://about.twitter.com/resources/buttons). When you access one of our webpages containing such a plug-in, a direct connection is established between your browser and the Twitter server. Twitter then receives the information that you visited our website with your IP address. When you click on the Twitter tweet button while logged in to your Twitter account, you can link your Twitter profile to the content of our pages. This allows Twitter to attribute the visit on our webpages to your user account. Please note that, as the provider of the webpages, we do not obtain any information about the content of the transmitted data and their use by Twitter. If you do not want Twitter to attribute your visit on our webpages to your user account, please log out of your Twitter user account. You can find more information about this in Twitter's privacy statement ((https://twitter.com/privacy)).

LinkedIn

Our website integrates plug-ins of LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter "LinkedIn"). You can recognize the LinkedIn plug-in by the LinkedIn logo or the share button on this webpage. When you visit this webpage, a direct connection is established between your browser and the LinkedIn server via the plug-in. LinkedIn then receives the information that you visited this webpage with your IP address. When you click on the LinkedIn share button while logged in to your LinkedIn account, you can link your LinkedIn profile to the content of this webpage. This allows LinkedIn to attribute the visit on this webpage to your user account. Please note that, as the website operator, we do not obtain any information about the content of the transmitted data and their use by LinkedIn. For details about the data collection (purpose, extent, further processing, use, as well as your rights and the setting options, please see LinkedIn's privacy statements. You can find these statements at www.linkedin.com/legal/privacy-policy.

XING

In addition, our website uses the share function of the network XING. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. When you click the XING share button (plug-in) while being logged in to your XING user account, you will be redirected to your user account in a separate browser window where you can share the electronic publication included on our website and add a comment. A direct connection between your browser and the XING server will be established via the plug-in. XING then receives the information that you visited our website with your IP address. Please note that we do not have any information about the content of the transmitted (personal) data and their use by XING. You can find more information about this in XING's privacy statement at https://www.xing.com/app/share?op=data_protection.

Instagram

As the operator of this website, we are the controller in terms of Article 4 no. 7 of the General Data Protection Regulation (GDPR) together with the operator of the social network Instagram (Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland). Controllers might process personal data when you visit our website. As the controller for this website, we have concluded agreements with Facebook that govern the terms of use for the Instagram page, among other things. The relevant terms are the Terms of Use of Instagram as well as the other terms and policies included at the end (https://help.instagram.com/581066165581870).

Among other things, the processing of information is intended to help Facebook improve its advertisement system, which it distributes through its network. In addition, it is intended to allow us as the operator of our website to receive statistics created by Facebook based on the visits to our Instagram page. The purpose of this is to control the marketing of our activities. For example, this makes it possible for us to obtain information about the profiles of the visitors who appreciate our Instagram page or who use applications of the page in order to provide them with content that is more relevant and develop functions that might be of greater interest for them. The user statistics created are exclusively transmitted to us in an anonymized form. We do not have access to the respective underlying data.

Users can control the extent to which their user behavior may be recorded when they visit our Instagram page in the "Settings for ad preferences". The Facebook and Instagram settings provide additional options:

The processing of information through the cookie used by Facebook can also be prevented by not allowing cookies from third party providers or from Facebook in your own browser settings.

The agreements with Facebook, including those on shared responsibility, also essentially provide that access requests and the exercising of further data subject rights are to be submitted directly to Facebook for logical reasons. That is because as the provider of the social network and the possibility to integrate Facebook pages there, Facebook alone has the possibilities to access the required information while being able to directly take any required measure and provide information. Nevertheless, if our support is required, you can contact us anytime.

For information about Facebook's handling of personal data on Instagram, please refer to its Privacy Policy at https://help.instagram.com/ 519522125107875.

 

 

Status of this Privacy Notice

May 2020

We reserve the right to change this Privacy Notice anytime with effect for the future.