Data Privacy Notice
1. DATA CONTROLLER
Service provider and data controller within the meaning of the data protection law is BAM GmbH, Dr.-Müller-Straße 26, 92637 Weiden i. d. OPf., Germany. Phone: +49 961 60 00-0 Fax: +49 961 60 00-7900, info(at)up2parts.com. You may contact our data protection officer Ms Corinna Dromann at BAM GmbH, Dr.-Müller-Straße 26, 92637 Weiden i. d. OPf., Germany. Phone: +49 961 60 00-1502, Fax: +49 961 60 00-7900, corinna.dromann(at)bam.group.
2. YOUR RIGHTS
2.1 You may at any time request information about the data which we hold about you as well as about their origin, recipients or categories of recipients who receive such data and about the retention purpose.
2.2 You may request an immediate correction of incorrect personal data related to you or a restriction of processing. Taking into account the processing purposes, you are also entitled to request a completion of incomplete personal data – also by means of a supplementary declaration.
2.3 You may request that personal data about you is immediately erased. We are, inter alia, obliged to erase such data if it is no longer required for the purpose for which it was collected or otherwise processed or if you withdraw your consent.
2.4 You are entitled to receive your personal data provided to us in a structured, common and machine-readable format and you are entitled to transmit such data to other data controllers without restriction if the processing was based on your consent or if the data was processed by means of automated procedures.
2.5 You may withdraw your consent to the use of your data at any time.
2.6 You have the right to object to the processing of your personal data where we process your personal data on the basis of legitimate interests.
2.7 Please send any requests for information, data subject access requests or objections to the data processing by email to info(at)bam.group or to the address specified under Sec. 1.
2.8 In case of data protection violations, you have the right to file a complaint with the competent supervisory authority. The competent supervisory authority with respect to data protection issues is the Bavarian State Office for Data Protection Supervision (Bayerisches Landesamt für Datenschutzaufsicht) (address and contact: https://www.lda.bayern.de/de/impressum.html).
3. DATA SECURITY
We have taken technical and organisational security measures in order to protect your data held by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons. Your data is transmitted in an encrypted form using the encryption TLS 1.2.
4. COLLECTION OF PERSONAL DATA DURING INFORMATIONAL USE, COOKIES
4.1 If the website is used for information purposes only, i.e. if you do not contact us beyond using our website or otherwise transmit information to us, we collect usage data which is automatically transmitted by your browser in order to enable you to visit the website. Such storage of data exclusively serves system-related and statistical purposes (on the basis of Art. 6 para. 1 lit. b) GDPR) as well as, in exceptional cases, to report criminal offences (on the basis of Art. 6 para. 1 lit. e) GDPR).
4.2 The following data is collected under clause 4.1:
- IP address
- date and time of the request
- time zone differences to Greenwich Mean Time (GMT)
- content of the request (exact page)
- access status/HTTP status code
- respective data volume transmitted
- website from which the request originates
- operating system and its interface
- language and version of the browser software.
4.3 Moreover, cookies are stored on your computer when using the website. Cookies are small text files which are stored on your hard drive allocated to the browser used by you which provide the party placing the cookie (in this case us) with certain information. Cookies do not damage your computer and do not contain any viruses. Cookies serve the purpose of making our services more user-friendly, effective and secure. For the most part, the cookies that we use are “session cookies”. These cookies are deleted automatically at the end of your visit. Other cookies remain on your terminal device until you delete them. These cookies enable us to recognise your browser on your next visit.
4.5 You may configure your browser settings as needed and may, for example, object to the acceptance of cookies. However, please note that in this case you may not be able to use all the functions of the website.
4.6 Such information will be stored separately from any other data which we may have been provided with. In particular, the cookie data will not be linked to your other data.
5. COLLECTION AND PROCESSING OF PERSONAL DATA WHEN CONTACTING US AND FOR ADVERTISING PURPOSES
5.1 Your personal data (e.g. your name, phone number and email address) will be collected and processed if you explicitly provide us with such data for contact purposes via our contact form. The use of this personal data exclusively serves the purpose of processing your request and is based on Art. 6 para. 1 lit. f) GDPR.
5.2 Your personal data will only be used for advertising purposes subject to your previous consent and based on Art. 6 para. 1 lit. a) GDPR. The data provided to us by you for the purpose of receiving our newsletter will be stored by us until you unsubscribe from the newsletter and will then be erased.
6. COLLECTING AND PROCESSING PERSONAL DATA FOR ORDERS, OPENING OF A CLIENT ACCOIUNT, USE FOR DIRECT MARKETING
6.1 We will collect personal data on the basis of Art. 6 para. 1 lit. b) GDPR when you instruct us to do so on your own accord to perform a contract or when opening a client account. Without your express consent, this data is used exclusively to fulfil the contract and process your request. Following the completion of the contract and the payment of the full purchasing price, your data will be stored for any retention periods under tax and commercial law and erased upon their expiry.
6.2 The email address you provided us with upon the conclusion of the contract is additionally used for our own advertisement purposes to promote our own products or services similar to the ones you ordered by sending you our newsletter. You may object to the use of your email address any time without generating any costs other than the transmission costs in accordance with the base rates. You may object (and thus unsubscribe from our newsletter) by using the respective link contained in the newsletter or by simply informing us accordingly. Following your objection your email address will be deleted immediately. Our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR are the basis for processing the data.
7. RATING OF CREDITWORTHINESS, DATA PROCESSING BY KLARNA
7.1 In case of purchases on account, i.e. where we deliver our products or services before you pay the invoice amount, we reserve the right to obtain information on your identity and creditworthiness from specialised service providers (credit reference agencies) in order to safeguard our legitimate interests (Art. 6 para. 1 lit. f GDPR ). For this purpose, we will transfer your personal data required for assessing your creditworthiness to the following service provider(s):
Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany
The information provided on your creditworthiness may comprise probability values (score values) which are calculated on the basis of scientifically accredited mathematical statistical processes and the calculation of which also includes address details. We will use the received information on the statistical probability of a payment default in order to make a balanced decision on the establishment, implementation or termination of the contractual relationship. Your interests which are worthy of protection will be considered pursuant to the statutory provisions.
7.2 If you choose Klarna’s payment services Klarna invoice and Klarna account as payment options, you agree that we collect and transmit to Klarna your personal data required for processing a purchase on account and carrying out an identity and credit check, such as first and last name, address, date of birth, gender, email address, IP address, telephone number, as well as your order-related data required for processing a purchase on account, such as number of items, article number, invoice amount and tax in per cent. The transmission of such data is made in order to enable Klarna to issue an invoice and carry out an identity and credit check for processing your purchase with your requested invoice processing method. Klarna has a legitimate interest in the transmission of the buyer’s personal data pursuant to BDSG and requires such data for obtaining information from credit reference agencies for the purpose of carrying out an identity and credit check. In Germany, this can be the following credit reference agencies:
- Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 5001 66, 22701 Hamburg, Germany
- Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany
- Deltavista GmbH, Freisinger Landstr. 74 80939 Munich, Germany
- Arvato Infoscore Consumer Data GmbH and Infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany
- SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany
Within the framework of the decision about the establishment, implementation or termination of the contractual relationship, Klarna also collects and uses – apart from an address check – information on the previous payment behaviour of the buyer as well as probability values related to such behaviour in the future. The calculation of these score values is carried out by Klarna by means of a scientifically recognized mathematic-statistical procedure. Klarna will inter alia also use your address details for this purpose. Should this calculation show that you are not creditworthy, you will immediately be informed of this by Klarna.
Withdrawal of consent to use of personal data vis-à-vis Klarna
You can revoke your consent to the use of personal data vis-à-vis Klarna at any time. However, Klarna may remain entitled to process, use and transmit the personal data to the extent required for the contractual payment processing through Klarna’s services, legally required or requested by a court or an authority.
You may, of course, obtain information about the personal data stored by Klarna at any time. Should you as the buyer wish to obtain such information or should you wish to inform Klarna about changes regarding the stored data, you may contact Datenschutz@klarna.de.
8. COLLECTING AND PROCESSING PERSONAL DATA IN THE APPLICATION PROCESS
8.1 We furthermore collect personal data when you apply for a position with us. The processing of this personal data by us is required for the performance of the recruiting process, including setting up an electronic job applicant file, managing your application, organising interviews – in short, the processing is necessary for us to enter into an employment contract with you. The processing is based on Art. 6 para. 1 lit. b) GDPR.
8.2 We also use your personal data on the basis of Art. 6 para. 1 lit. f GDPR to consider you for future job openings and retain your data for a limited period of time of one year beyond an unsuccessful application for this purpose. You may object to such use of your data at any time.
8.3 If you register for our jobs subscription, we will inform you via email on the basis of Art. 6 para. 1 lit. a GDPR about vacancies at BAM. You can unsubscribe from these emails at any time.
9. RECIPIENTS/CATEGORIES OF RECIPIENTS OF PERSONAL DATA, DATA TRANSFERS TO NON-MEMBER COUNTRIES, OUR LEGITIMATE INTERESTS IN THIS CONTEXT
9.1 Your data is not transferred to any third parties. An exception is made for service providers instructed by us with the data processing within the scope of this Data Privacy Notice, e.g. within the framework of the order processing.
9.2 In order to perform our contract, we forward your data to the shipping company assigned with the shipping if this is necessary for the delivery of ordered goods. For the processing of payments we forward the required payment details to the credit institution assigned with carrying out the payment and, if applicable, to payment service providers and/or to the payment service provider you selected during the ordering process.
9.3 These are:
9.3.1 Profihost AG, Expo Plaza 1, 30539 Hanover, Germany
9.3.2 Net-Build GmbH, Alfred-Nobel-Allee 38, 66793 Saarwellingen, Germany
10. RETENTION PERIOD OF PERSONAL DATA
If your data is no longer needed, it will be erased following the expiry of the period for which we are obliged to preserve records pursuant to tax and commercial law (this can be up to ten years for invoices).
11. USE OF GOOGLE ANALYTICS
This Website uses Google Analytics, a web analytics service provided by Google LLC (“Google”). Google Analytics uses “cookies” which are text files stored on your computer to enable an analysis of how you use the site. The information generated by the cookie about your use of this website is transmitted to and stored on a Google server in the United States. If the IP anonymization is activated on this website, however, Google will shorten your IP address within member states of the European Union and other contracting states to the Agreement on the European Economic Area prior to transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports about website activities and providing other services associated with the use of the website and the Internet to the website operator. Google will not combine the IP address transmitted by your browser within the framework of Google Analytics with any other data held by Google. You may prevent cookies from being stored by selecting the respective settings on your browser software; however, please note that in this case you may not be able to use all functions of this website to their full extent. In addition to that, you may prevent Google from collecting the data generated by the cookies and related to your use of the website (including your IP address) as well as from processing such data by downloading and installing the browser plug-in available at http://tools.google.com/dlpage/gaoptout?hl=de.
The data processing is based on Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in analysing the use of our website for optimisation purposes.
12. USE OF GOOGLE TAG MANAGER
This Website uses Google Tag Manager, a tag management system provided by Google LLC (“Google”). Google Tag Manager does not collect personal data. The Tag Manager facilitates the integration and administration of certain tags. Tags are short code elements which, inter alia, serve to measure traffic and user behaviour, record the effect of online advertisement and social channels, establish remarketing and an orientation towards target groups and test and optimise websites. Should you have deactivated such functions, this will be taken into account by the Google Tag Manager. For further details on the Google Tag Manager please visit:
13. USE OF GOOGLE reCAPTCHA
14. Use of Google Ads
Based on your consent (Article 6, Para. 1, lit. a GDPR), we use the marketing and remarketing service Google Ads on our website, which is also operated by Google Ireland Limited., Gordon House, Barrow Street, Dublin 4, Ireland. You can revoke your consent to this at any time with effect for the future. Simply use one of the listed opt-out options. Google is directly responsible for some of the data processing.
With the help of Google Ads, we can target advertisements for our website in Google Search. Google Ads allows us to set specific keywords. An ad in Google’s search engine results will only be displayed if you use the search engine to retrieve a keyword-related search result. In the Google AdWords network, the ads are distributed to topic-relevant web pages using an automated algorithm and according to previously defined keywords. If you click on a Google Ads ad and are thereby redirected to our website, Google will set a remarketing tag and a conversion cookie on your device. This can be a cookie or similar technology. If you then visit another website from the AdWords network, this remarketing tag, for example, will be read and you will receive a suitable advertising message. The conversion cookie allows us to see how many people are interacting with one of our ads.
This data is processed in connection with Google AdWords in an anonymized manner. That is, Google does not store or process, for example, your name or e-mail address, but processes the relevant data in a cookie-related manner within anonymized user profiles. These are not directly attributable to you. Neither we nor Google know who you are. The ads will be shown to the owner of a specific cookie ID.
You can always prevent cookies from being set by our website through your browser settings. This also prevents the cookies associated with Google AdWords from being stored on your device. You can delete existing cookies already on your device.
You also have the ability to block interest-based advertising by Google. To do this, go to www.google.de/settings/ads and change the settings as you see fit.
Finally, you can also set an opt-out cookie at http://optout.networkadvertising.org/?c=1#!/.
15. Use of Facebook Pixel
On our website, we use “Facebook Pixel” from the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). We also use this tool based on your consent (Article 6, Para. 1, Sent. 1, lit. a GDPR). We use Facebook Pixel to provide you with personalized advertising on Facebook and to analyze your usage behavior on our website. You can revoke your consent to this at any time with effect for the future. Simply use one of the listed opt-out options.
When you visit our website, Facebook Pixel is activated and a cookie is set by us on your device (a so-called first-party cookie) through which data is collected. In addition, cookies are integrated directly by Facebook and other companies (third-party cookie). Furthermore, web beacons and other storage technology can be used. As a result, a so-called cookie is stored on your device.
Facebook Pixel allows us to monitor the effectiveness of Facebook ads (so-called “Facebook Ads”) and to analyze your interaction with our website for statistical and market research purposes. With the help of Facebook Pixel, we can recognize, for example, whether you have been redirected to our website after clicking on a Facebook Ad and how you have interacted with our website (so-called “Conversion”). With the help of Facebook Pixel, we can also assess you and other visitors to our website as to your placement in a target group for Facebook Ads. Therefore, we use Facebook Pixel to improve our contact with customers on Facebook because Facebook Ads that are switched on by us are only displayed to those Facebook users who have also shown an interest in our offers or who have certain characteristics (e.g. interests in certain topics or products that are determined from the websites visited, so-called. “Custom Audiences via websites”). We also want to make sure that our Facebook Ads are in your interest and not annoying.
Various event and conversion data is collected on our website, e.g. which subpages you visit or how you interact with our website. Thus, we evaluate your activity on our website and use this analysis for personalized advertising.
If you log in to Facebook or if you are logged in to Facebook when visiting our website, the visit to our website is noted in your Facebook profile. The data is, however, converted (“hashed”) directly into chains of numbers when collected. This data therefore does not allow us to draw any conclusions about you. We would like to point out, however, that this data is also stored and processed by Facebook. Facebook may use this information for its own market research and advertising purposes. We have no influence on that.
Facebook is certified under the EU-US Privacy Shield. This will ensure that a level of protection comparable to European data protection law is observed (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). The Facebook Data Policy applies to data processing by Facebook. It contains general information concerning the placement of Facebook Ads: https://www.facebook.com/policy.php. For more information about Facebook Pixel and how it works, visit the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
You can also prevent the collection of data by Facebook Pixel and the use of your data for Facebook Ad. Furthermore, you may revoke your consent to this. Please click here: Disable Facebook Pixel
If you disable Facebook Pixel, an “opt-out” cookie will be saved on your device. If you delete the cookies in this browser, you must click the link again. In addition, this opt-out only works within the browser you are currently using and only for our website. To decline these and other interest-based ads, you can also visit the following websites: http://www.networkadvertising.org/choices/; http://www.youronlinechoices.com/
16. Use of Outbrain
We use the Outbrain Pixel on our website. To this end, we asked you for your consent during your first visit to our website, so that the legal basis for the associated data processing is your consent (Article 6, Para. 1, lit. a GDPR). To help you understand what data processing is associated with Outbrain Pixel, here’s how Outbrain generates personalized advertising.
16.1 Personalized advertising in the Outbrain Widget
Outbrain provides the so-called Outbrain Widget to “Partner Websites”, in which personalized ads are shown to you. The use of an Outbrain widget can be recognized by the text referring to Outbrain (e.g. “Recommended by Outbrain”, “Outbrain” next to the recommendations). For example, if you visit the website of an online newspaper, you may see an ad in the Outbrain widget.
Outbrain Inc., 39 West 13th Street, 3rd floor, New York, NY 10011, is responsible for data protection matters related to this widget. In other words, Outbrain decides which data is processed and for what purpose and therefore is your direct contact. The companies whose ads appear in the Outbrain widget do not have access to this data and do not decide how and what data is collected.
Outbrain uses the Outbrain widget to collect some information to show you personalized online advertising. If you visit a website that incorporates this Outbrain widget, your device will be assigned a unique user ID (Unique User Identifier; UUID). In addition, Outbrain will catalog and analyze the content you consume on the particular website. The recommendations are based on: (i) browsing history; (ii) similar web surfing patterns of other users; (ii) recommendations that are popular with Outbrain’s target audience; (iv) a degree of randomness; and (v) target requirements provided or required by us or other Outbrain customers. Each of your devices receives its own UUID. Several devices therefore have multiple UUIDs. By assigning a UUID, Outbrain can combine the visited pages and the clicks on Outbrain’s recommendations from that UUID. All this serves the purpose of providing interesting recommendations.
Furthermore, Outbrain also collects the following information: (i) IP address (will be anonymized to industry standards); (ii) User Agent Data: Device type (e.g. iPhone), browser type (e.g. Chrome), operating system (e.g. iOS); (iii) the pages visited; (iv) the time of the visit; and (v) the referring URLs and other information typically transmitted during HTTP requests. Through this statistical information, Outbrain obtains information about how many users have visited a particular page on partner websites on which the Outbrain widget is installed, how long each user stayed on the page, the type of content on the page that the user clicked on, and how the user behaved on the page in general. This information is personal information only when connected to a UUID. Additional information on data processing by Outbrain can be found here: https://www.outbrain.com/de/legal/privacy. You can also opt-out and prevent data processing there. You can also – as with any widget – retrieve your profile and opt-out: https://my.outbrain.com/recommendations-settings/profile
16.2 Outbrain Pixel
We only use Outbrain Pixel on our website. This means that you will not see personalized advertisements from Outbrain on our website and the data processing that was just described does not occur. However, Outbrain Pixel does collect some information about you. We are responsible for this data processing and Outbrain will act on our behalf.
Therefore, we would like to inform you about this in detail:
If we finance an Outbrain ad and you click on this ad, you will be redirected to our website. Outbrain Pixel then determines if your device has an Outbrain unique user ID. If there is a unique user ID associated with this device, we may re-address your unique user ID or find out the total number of unique user IDs that have reached our website. Furthermore, we use Outbrain Pixel to see which areas of the website were visited with the unique user ID. No identifiable personal information will be collected, transmitted or stored.
If you do not have an Outbrain unique user ID, Outbrain Pixel will not capture any data at all.
This data processing helps us to understand how our website is used and whether our ads contribute to our approach to our customers. All data points, such as page views and clicks associated with a unique user ID, are stored for 13 months and then deleted. For example, if unique user ID 123 read an article on December 31, 2017, that article will no longer be part of the unique user ID 123 profile on February 1, 2018.
You can find additional information on data processing by Outbrain here: https://www.outbrain.com/de/legal/privacy
If you have prevented the processing of data by the Outbrain widget, Outbrain Pixel will not automatically collect data because your device has no unique user ID. Finally, you have the option of preventing the setting of cookies by the use of corresponding settings in your browser. You can also disable preference-based advertising using the preference manager that is available here: http://www.youronlinechoices.com/de/praferenzmanagement/