Privacy policy

This document is a translation of the German privacy policy. Refer to the the legally binding document here

We are looking forward to your visit on our platform. Our platform includes our website (https://portal.moqo.de including all subdomains) as well as our iOS and Android apps.

We operate the platform on behalf of a third party ("Provider"). You can see the respective provider on whose behalf we operate the platform from the details in the invitation and the confirmation of participation in the platform.

The provider has commissioned us with the operation and the associated data collection, storage and processing. If we collect personal data on behalf of the provider, we point this out to you in this privacy policy. If you have any questions or concerns regarding data processing on behalf of the provider, please contact the provider. Further information on data protection can be found in the data protection conditions of the respective provider.

You can visit our platform without entering your personal data. However, as soon as you make use of individual functions, services or offers on our platform, personal data may be processed. We only collect, process and use personal data if you have consented to its collection, processing and use or if there is a corresponding legal basis or the processing takes place on behalf of the provider.

We reserve the right to change the data protection declaration at any time with effect for the future. The current version of the data protection declaration can be retrieved, saved and printed at any time on our platform.

Data protection is very important to us and we want you to feel secure while visiting our platform. In the following we therefore inform you in detail about the type, scope and purpose of the personal data collected, used and processed by us and clarify your rights as a person concerned.

1. Access data in server log files

Each time you access our platform, we automatically store access data in so-called server log files, such as the name of the requested file, date and time of access, amount of data transferred, browser used and its version, operating system used, IP address, requested URL including subpages, referrer URL (URL that you visited immediately before) and the requesting provider. This data is used exclusively to ensure the long-term and trouble-free operation of the platform and to improve the content of our platform, as well as for transmission to law enforcement authorities in the event of a cyber attack, and does not allow us to identify you personally. The anonymous data of the server log files are stored separately from all other personal data provided by you. We evaluate this anonymously collected data and information statistically with the aim of increasing our data protection and data security.

2. Use of cookies

In order to make visiting our platform attractive and to enable the use of certain functions, we use so-called "cookies" on our platform. These are small text files which are stored on your end device via a browser.

Many cookies contain a so-called cookie ID. It consists of a string of characters through which platforms and servers can be assigned to a specific browser in which the respective cookie was stored. At the end of the browser session, most of the cookies we use are deleted ("session cookies"). The permanent cookies ("persistent cookies"), on the other hand, remain on your end device. These cookies enable us and other websites you visit to distinguish your individual browser from other browsers and to identify you individually during your visit to our platform.

The purpose of this identification is to make it easier for you to use our platform and to make your visit to our platform a pleasant one. By using cookies, for example, you do not have to enter your access data every time you visit our website. Some third party services integrated by us may use cookies. Please inform yourself about the respective functionality and data processing on the websites of the respective third party providers. The services we use can be found in this data protection declaration.

You can set your browser so that you are informed about the setting of cookies and decide individually on their acceptance or exclude the acceptance of cookies for certain cases or generally or set so that the setting of cookies is prevented and thus permanently contradict the setting of cookies. In addition, you can delete cookies that have already been set at any time via your browser. This also applies to all third party cookies listed below. The non-acceptance or deactivation of cookies may restrict the functionality of our platform.

3. Data collection and use during registration

You have the possibility to register on our platform. In this case, we collect the personal data that you voluntarily provide to us during your registration (e.g. name, first name, e-mail address). Which data is specifically collected can be seen from the respective input forms. We only use the data provided by you internally to provide our services offered on the platform and to process your enquiries for our own purposes as well as for contract processing with the provider on his behalf. For further details on the use of your data by the provider, please refer to the provider's data protection declaration. We may also pass on your data to one or more contract processors (e.g. payment service providers) who also use your data exclusively for internal use on our behalf.

We also save your IP address, the date and time of registration in order to prevent misuse of our platform and the services offered on it and to clarify any criminal offences that may have been committed. The storage of this data is therefore necessary for our own security. These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal prosecution. After complete completion of the contract or deletion of your account, your data will initially be blocked for further use and deleted after expiry of the statutory retention periods, unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we will inform you below.

4. Google Analytics

On our platform we use Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google Analytics"). The information generated about your use of this platform will generally be transmitted to and stored by Google on servers in the United States. The USA is an insecure third country. However, Google Inc. has voluntarily certified itself under the US-EU data protection agreement "Privacy Shield" and is thus committed to comply with EU data protection regulations. Google Analytics uses methods that allow an analysis of your use of the platform, in particular from which website you came to our platform (so-called referrers), which subpage you access or how often and for how long you view a subpage. Google Analytics uses cookies for this purpose. Each time you visit a page on our platform on which Google Analytics has been integrated, your browser is automatically prompted on your terminal to transmit data to Google Analytics for the purpose of analysis. By activating IP anonymisation on our platform, the IP address is shortened prior to transmission to the USA within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google Inc. server in the USA and shortened there. The anonymous IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google Inc. Google Inc. will use the information collected on our behalf to evaluate the use of our platform by users, to compile reports on activities within this platform and to provide us with other services relating to the use of this platform and the internet. Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google Inc. behalf. Pseudonymous user profiles can be created from the processed data.
You can prevent the collection by Google Inc. of the data generated by the cookie and related to your use of our platform (including your IP address) and the processing of this data by Google Inc. by downloading and installing the browser add-on available under this link. The installation of the browser add-on is considered by Google Inc. to be an objection. As an alternative to the browser plug-in or within browsers on mobile devices, please click this link to object to the collection and use of your data by Google Analytics with effect for the future. An opt-out cookie is stored on your end device. If you delete your cookies, you must click the link again. The terms of use and privacy policy of Google Inc. and Google Analytics can be found here https://policies.google.com/privacy and here http://www.google.com/analytics/terms/de.html.

5. Hotjar

We use Hotjar in order to better understand our users' needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

We don't want anyone feeling unsure of how their data is being handled and you can choose to opt-out of Hotjar by following the instructions which can be found here https://www.hotjar.com/legal/compliance/opt-out/.

For further details, please see the "about Hotjar" section of https://www.hotjar.com/legal/policies/privacy/.

6. Amazon Web Services

The personal data provided by you, which you voluntarily provide to us as part of your registration or contact, will be processed and stored by us at Amazon Web Services, a server and hosting service provider of Amazon. Amazon Web Services Inc. (AWS) is a secure cloud services platform that provides computing power, database storage, and content delivery. The processing servers are located in Frankfurt, Germany, with European headquarters at One Burlington Plaza, Burlington Road, Dublin 4 Ireland. However, your personal information may be stored or accessed in different countries, including the United States. The USA is an insecure third country. However, Amazon Web Services Inc. has voluntarily certified itself under the US-EU Privacy Shield and is therefore committed to complying with EU privacy standards.Amazon Web Services Inc.'s Terms of Use and Privacy Policy can be found here https://aws.amazon.com/de/privacy/

Your data will also be processed and stored by us in the G Suite, Amphitheatre Parkway Mountain View CA 94043 USA. G Suite is a set of software tools developed by Google LLC. https://policies.google.com/privacy

7. Firebase

In our apps we use Google Firebase, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Firebase"). As a result of the settings made by us, your personal data will be processed and stored within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area as far as possible. However, we cannot exclude the possibility that Firebase may transfer your personal data to the United States. The USA is an insecure third country. However, Google Inc. has voluntarily certified itself under the US-EU Privacy Shield and is therefore committed to complying with EU data protection regulations.

We use several functions of Firebase in our apps: Firebase Analytics uses methods that allow you to analyze how you use the app, in particular which functions of the app you access, how often you open the app, and when the app is uninstalled. The data is only collected anonymously and is not linked to any other data stored by Google Inc. The data collected about the use of our app is transferred to Google Inc. and stored there. Google Inc. uses the advertising ID of your end device for this purpose. Google Inc. will use the data collected to evaluate the use of our apps and to provide us with further services associated with the use of the apps. You can limit the use of the advertising ID in the device settings. - We also use Firebase Crash Reporting to stabilize and improve our apps. We collect information about the device you are using and the use of our apps (e.g., time stamp, when the app was launched and when a malfunction occurred), which enables us to diagnose and resolve malfunctions. When using Firebase Crash Report, your data is only collected in anonymous form, so that neither Google Inc. nor us can draw any conclusions about your person. - We use the Firebase Cloud Messaging service to send you push messages or in-app messages to your device. If you use our apps via a push-capable device, you can agree to receive "push notifications". A pseudonymized Device Token ID, a unique connection number generated from the device ID, is assigned to your terminal device and used to address the push messages or in-app messages to you. You can change your consent to the notification by push messages at any time in the settings in the apps. - Further information on data protection can be found in the data protection conditions https://policies.google.com/privacy of Google Inc.

8. Integration of Youtube

We include videos on our platform, the social network youtube.com, which is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA ("Youtube"). YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA.

When you access our platform, your browser establishes a direct connection to Youtube's servers. Your browser is automatically prompted by the video embedded on our platform to download a representation of the corresponding component of Youtube. As part of this technical process, Youtube receives information about which specific subpage of our platform you are visiting.

If you use the videos, the corresponding information, e.g. the activation of the play button, is transmitted from your browser to Youtube, linked to your user account and saved.

If you are logged in with your personal Google account during your visit to our platform, Youtube can assign the visit and the subpage of our platform that you specifically visited to your account. If you do not have a Google Account, you still have the option of having Youtube store your IP address.

If you do not wish such processing, you must log out of your Google account before visiting our platform and delete your cookies.

For further information on data protection, please refer to the privacy policy of Youtube https://policies.google.com/privacy.

9. Conversion measurement with the visitor action pixel of Facebook

With your consent, we use the "visitor action pixel" of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") within our Internet presence. This allows us to track the actions of users after they have seen or clicked on a Facebook ad. This allows us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, which means we do not see the personal data of individual users. However, this data is stored and processed by Facebook and we will inform you about this according to our level of knowledge. Facebook may link this information to your Facebook account and may also use it for its own promotional purposes, in accordance with Facebook's Privacy Policy https://www.facebook.com/about/privacy. You may enable Facebook and its affiliates to serve advertisements on and off Facebook. A cookie may also be stored on your computer for these purposes.

This consent may only be given by users older than 13 years of age. If you are younger, please consult your parent or guardian for advice. "Please click here if you wish to revoke your consent."

10. Jumio and PostIdent

You can have your driver's license fully digitally verified. We offer two service providers to verify your documents.

Jumio Corporation 268 Lambert Avenue Palo Alto, CA 94306 USA, a US-based company specializing in digital ID card verification.

The USA is an insecure third country. However, Jumio Corporation has voluntarily certified itself under the US-EU Privacy Shield and is committed to complying with EU privacy standards.

PostIdent is the identification service of Deutsche Post DHL Group Charles-de-Gaulle-Strasse 20 53113 Bonn Germany.

After validation of the driver's license, we receive the following data from the provider: Driver's license identification number, surname, first name . These data are documented and stored. This includes the storage of the validation and confirmation times. The collection of this data is necessary so that we can trace the processes in the event of misuse of the data and therefore serves our legal protection. By using the digital services for driving license validation, but also for manual verification, you agree to the processing and storage of the data.

Jumio Corporation and PostIDent use the information for verification purposes only.

For more information about privacy, please refer to the privacy policies of Jumio Corporation https://www.jumio.com/legal-information/privacy-policy/ and Deutsche Post DHL Group https://www.deutschepost.de/de/f/footer/datenschutz.html.

The digital driving test is offered on behalf of the respective provider. If you carry out the digital driving test as part of the registration process, your data will be automatically transferred to Deutsche Post DHL Group or Jumio Corporation. By providing your driver's license, you consent to the transfer of personal data required for validation. Verification of your driver's license is a prerequisite for using the car sharing services.

If you do not make use of digital validation, but have a manual validation carried out by the provider on site, your data will not be forwarded to Deutsche Post DHL Group or Jumio Corporation.'

11. infoscore Consumer Data GmbH

Depending on the offer, an identity check and credit assessment can be a prerequisite for using the associated sharing services.

We transmit your data (name, address and, if applicable, date of birth) to infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany, for the purpose of obtaining information to assess the risk of non-payment on the basis of mathematical-statistical procedures using address data. The legal bases for these transfers are Art. 6 Para. 1b and Art. 6 Para. 1f of the DSGVO. Transmissions on the basis of these provisions may only take place to the extent that this is necessary to safeguard the legitimate interests of our company or third parties and does not outweigh the interests of the fundamental rights and freedoms of the persons concerned, which require the protection of personal data. Detailed information on the ICD as defined by Art. 14 of the European Data Protection Basic Regulation (EU DSGVO), i.e. information on the business purpose, data storage purposes, data recipients, the right to self-disclosure, the right to deletion or correction, etc. can be found in the Annex or under the following link: https://finance.arvato.com/icdinfoblatt

12. Integration of third-party content

We may include third-party content on our platform, such as Google Maps and Apple Maps maps, RSS feeds or graphics from other websites/services. To view this content, you will need to transfer your IP address to the third party provider. When you access our platform, your browser establishes a direct connection with the servers of the respective third party provider. Your browser is automatically prompted by the content embedded on our platform to download a representation of the third party's component. As part of this technical process, the third party provider obtains knowledge of which specific subpage of our platform you are visiting.

Unfortunately, we have no influence on whether the third party provider collects or stores the IP address for other purposes than simply displaying the content. If we become aware of such use, we will inform you about it in this data protection declaration.

13. Newsletter and newsletter analysis by CleverReach

You can register to receive our newsletter. To send our newsletter, we use the CleverReach newsletter dispatch service, which is provided by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede ("CleverReach"). We transmit data to CleverReach as described below. Our newsletter appears regularly and contains information about internal news and new offers as well as services on our platform.

To register, you must provide us with your e-mail address. You may voluntarily provide us with additional information, such as your name. The registration takes place in a so-called Double-Opt-In procedure. After the registration on our platform you will receive a confirmation email from us in which you have to confirm the registration again. This entire process is documented and stored. This includes the storage of the registration and confirmation time as well as your IP address. The collection of this data is necessary so that we can trace the processes in the event of misuse of the e-mail address and therefore serves our legal protection. By subscribing to our newsletter, you agree to receive it.

CleverReach uses your data to send and evaluate the newsletter. The evaluation takes place on our behalf, but CleverReach can also use the data for quality assurance and to improve the quality of its own services. The "web-beacon" contained in the newsletter is retrieved from the CleverReach server when the newsletter is opened. In the course of this retrieval, information about the browser, your system, your IP address and the time of retrieval is collected. In addition, information is collected on whether the newsletter is opened, when it is opened and which links are clicked. These statistical surveys are used for the technical improvement of the services described above.

You can revoke your consent to the storage and use of your personal data to receive the newsletter and the statistical survey described above at any time with effect for the future. For the purpose of revoking your consent, you can use the link provided for this purpose in the newsletter, unsubscribe from our platform or notify us of your revocation by e-mail to datenschutz@moqo.de.

Further information on data protection can be found in CleverReach's privacy policy https://www.cleverreach.com/de/datenschutz/.

14. Email and Helpdesk

On our platform, we keep information available on the basis of legal regulations which enables us to be contacted quickly and electronically and to communicate directly with you. This includes above all our e-mail address. We also offer support. If you contact us by e-mail or via our support, the personal data you provide will be stored automatically. However, we use the personal data transmitted by you exclusively for the processing of your concrete inquiry on behalf of the provider. Your data will always be treated confidentially.

15. Service hotline Flinkster

We use the telephone support of Flinkster, an offer of Deutsche Bahn Connect GmbH, Mainzer Landstraße 169, 60327 Frankfurt am Main, Germany ("Flinkster"), to process your customer inquiries via our service hotline.

If you contact us by telephone, your name, address (if provided), e-mail address, telephone number (if provided), the time of the call (date, time, duration), your previous customer and usage history as well as the processing and telephone notes will be transmitted to Flinkster and stored as a summary of the content of the call. Flinkster collects and stores this data on our behalf solely for the purpose of processing your specific enquiries. Your data will always be treated confidentially.

16. HubSpot

HubSpot is a U.S.-based inbound marketing and sales, CRM, and customer service company.

Your personal information may be stored or accessed in different countries, including the United States. The United States is an insecure third country. HubSpot has, however, voluntarily certified itself under the US-EU Privacy Shield and is thus committed to complying with EU data protection regulations.HubSpot's Terms of Use and Privacy Policy can be found at https://legal.hubspot.com/de/privacy-policy.

17. location data

In order to use our platform, we also need access to the location of your terminal in order to track the distance you have covered under the rental agreement. At the beginning and end of your booking, we collect your current location via GPS. In addition the distance covered is determined from vehicle data. We collect and store the distance determined on behalf of the respective provider to calculate the fare. In addition, the collection of location data is a prerequisite for effective insurance cover, so that we collect and store your location data for this reason as well.

If you conclude a rental contract on our platform, you agree to the collection of location data. You can revoke your consent to the collection of location data at any time with effect for the future. Your location data will be transmitted via an encrypted connection. Your location data will be anonymised after termination of the rental agreement and the storage periods for the insurance company and statistically evaluated to improve our service.

18. Payment service provider Stripe

We have contracted Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland ("Stripe") to handle our payment process. We are handling the payment process on behalf of the respective provider. If you select "SEPA Direct Debit" or "Payment by Credit Card" as payment option during the ordering process on our platform, your data will be automatically transmitted to Stripe. By selecting one of these payment options, you consent to the transfer of personal data required for payment processing.

We transmit your first name and surname as well as IBAN to Stripe as a prerequisite for payment processing. Personal data related to your booking is also necessary for payment processing. In particular, there may be a mutual exchange of payment information, such as booking data, prices and tax levies or details of previous booking behaviour.

The transmission of the data is exclusively for the purpose of payment processing. We will transfer personal data to Stripe if the provider has a legitimate interest in the transfer. Stripe may also pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfill contractual obligations or if the data is to be processed by order.

Further information on data protection can be found in Stripe's data protection declaration https://stripe.com/de/privacy#translation.

19. Ratings

You have the possibility to give your feedback on our platform. The submission of your rating is voluntary. To submit a rating, you must log into your account and enter a rating text. Your rating will be sent to our customer support with your name. If we should actively request you to submit your rating by e-mail, you must expressly confirm this service in the registration process. The request to submit an evaluation serves the quality assurance of our platform and the transparency of the services on our platform for other users. You can unsubscribe from this service at any time. Please use the provided link in the respective mail or change the settings in your account.

20. Data security

We secure our platform and other systems by numerous technical and organizational measures against loss, destruction, access, alteration or distribution of your data by unauthorized persons. Despite regular checks, however, complete protection against all dangers is not possible and cannot be granted by us. For this reason, you are free at any time to transfer your personal data to us on others, for example by telephone or post.

21. Deletion and blocking of data

We process and store your personal data only for the period of time necessary to achieve the storage purpose until you revoke your consent to storage or if this has been provided for by the European Directive and Regulation Body or another legislator in laws or regulations to which we are subject.

If the storage purpose ceases to apply, if you revoke your consent or if a storage period prescribed by the European Directive and Regulation Body or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.

22. Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you will be processed. If you wish to exercise this right of confirmation, you can contact us at any time.

23. Right to information

You also have the right at any time to receive free information from us about the personal data stored about you and a copy of this information. You also have the right to receive the following information

  • the purposes of the processing,

  • the categories of personal data to be processed,

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations,

  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,

  • the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing by the controller or of a right to object to such processing,

  • the existence of a right of appeal to a supervisory authority,

  • if the personal data is not collected from the data subject: All available information on the origin of the data,

  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.

You also have the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, you also have the right to obtain information on the appropriate guarantees in connection with the transfer. If you wish to exercise this right to information, you can contact us at any time.

24. Right to rectification

You have the right to request immediate rectification of any inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing. If you wish to exercise this right of rectification, you can contact us at any time.

25. Right to deletion

You have the right to ask us to delete your personal data immediately if one of the following reasons applies and if the processing is not necessary:'.

  • The personal data have been collected or processed for purposes for which they are no longer necessary.

  • The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.

  • The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.

  • The personal data have been processed unlawfully.

  • The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

  • The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.

If you wish to exercise this right to deletion, please contact us at any time. We will comply with the request for deletion immediately. If the personal data has been made public by us and we are obliged to delete the personal data as the person responsible pursuant to Art. 17 para. 1 DS-GVO, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary.

26. Right to limitation of processing

You have the right to ask us to restrict the processing if one of the following conditions is met:'.

  • The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.

  • The processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.

  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.

  • The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.

If one of the above conditions is met and you have the restriction, of your personal data stored by us, you can contact us at any time. We will not accept the restriction of the processing.

27. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another data controller without any hindrance on our part, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by means of automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to us.

Furthermore, when exercising your right to data transferability pursuant to Art. 20 (1) DS-GVO, you have the right to obtain that the personal data is transferred directly by us to another responsible person, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. To assert your right to data transfer, you can contact us at any time.

28. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.

In the event of objection, we will no longer process the personal data unless we can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

If we process your personal data for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If you object to our processing for direct advertising purposes, we will no longer process your personal data for these purposes.

You also have the right to object to the processing of your personal data relating to you by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest. You can contact us at any time to exercise your right to object. You are also free to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

29. Right to automated decisions in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect against you or which similarly significantly affects you, provided that the decision

  • is not necessary for the conclusion or performance of any contract between you and us, or

  • is permitted by the laws of the Union or of the Member States to which we are subject and those laws contain adequate measures to safeguard your rights and freedoms and your legitimate interests, or

  • with your explicit consent.

Is the decision:

  • necessary for the conclusion or performance of a contract between you and us or

  • where we do so with your express consent, we will take reasonable steps to protect your rights and freedoms and your legitimate interests, including, at a minimum, the right to have us interfere, to state our point of view and to challenge the decision.

If you wish to exercise any rights relating to automated decisions, you may contact us at any time.

30. Right to revoke consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time. If you would like to exercise your right to revoke your consent, you can contact us at any time.

31. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations which are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If we are subject to a legal obligation which requires the processing of your personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of your personal data may become necessary in order to protect your or another natural person's vital interests. This would be the case, for example, if you as a visitor to our company were injured and your name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of us or a third party, provided that your interests, fundamental rights and fundamental freedoms do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if you are one of our customers (recital 47 sentence 2 DS-GVO).

32. Legitimate interests in processing

If the processing of your personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders. In addition, we have stated our purposes and interests within the scope of the above list of processing in each case.

33. Duration for which personal data is stored

The criterion for the duration of the storage of your personal data is the respective legal retention period. After this period has expired, the corresponding data is routinely deleted if it is no longer required for contract fulfilment or contract initiation.

34. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of not providing the data.

We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that you make personal data available to us which must subsequently be processed by us. For example, you are obliged to provide us with your personal data when you conclude a contract with us. Failure to provide your personal data would mean that the contract could not be concluded with you.

You must contact us before providing your personal data. We will inform you on a case-by-case basis whether the provision of your personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.

35. Existence of an automated decision making process

We do not perform automatic decision making or profiling.

36. Contact details of the data controller

Digital Mobility Solutions GmbH
Vaalser Str. 17
52064 Aachen
datenschutz@moqo.de
0241 95788 366

Stand: May 2020