Data Protection Declaration according to GDPR
I. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is:
Two Fine Wheels
Owner Fabian Runge
Bergmann Street 90
10961 Berlin - Germany
E-Mail: info@twofinehwheels.com
Website: www.twofinehwheels.com
II. Name and address of the data protection officer
The data protection officer of the controller is:
Two Fine Wheels
Owner Fabian Runge
Bergmann Street 90
10961 Berlin - Germany
Tel: 0034- 616 893 000
E-Mail: info@twofinehwheels.com
Website: www.twofinehwheels.com
III. General Information on Data Processing
1. Scope of personal data processing
We generally only process the personal data of our users where this is necessary for providing a functional website and our content and services. The personal data of our users is regularly processed only with the user's consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and processing of the data is permitted by legal provisions.
2. Legal basis for the processing of personal data
As far as we obtain the consent of the data subject for processing operations of personal data, Article 6(1)(a) of the General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations which are necessary for the performance of pre-contractual measures.
To the extent that the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.
In cases where the processing of personal data is necessary for the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis.
The processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those interests, the processing is lawful under Article 6(1)(f) of the GDPR.
3. Data deletion and storage duration
The personal data of the data subject shall be erased or blocked as soon as the purpose of storage ceases to apply. Storage may also occur if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The blocking or erasure of the data shall also take place when a storage period prescribed by the aforementioned norms expires, unless there is a necessity for further storage of the data for the conclusion or fulfilment of a contract.
IV. Website Provision and Log File Creation
1. Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data are collected here:
- Information about the browser type and version used
- The user's operating system
- The user's internet service provider
- The user's IP address
- Date and time of access
- Websites from which the user's system arrived at our internet site
- Websites accessed from the user's system via our website
The data is also saved in our system's log files. This data is not stored together with other personal user data.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6(1)(f) GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
The logging in log files is done to ensure the website's functionality. Furthermore, the data is used for the technical optimisation of the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
We also have a legitimate interest in processing your data for these purposes according to Art. 6(1)(f) GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.
In the case of storing data in log files, this is the case after no more than seven days. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymised so that it is no longer possible to assign the calling client.
5. Right of objection and removal
The collection of data for the provision of the website and the storage of data in log files are essential for the operation of the website. Therefore, the user has no right to object.
V. Usage of Cookies
1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in or by the internet browser on the user's computer system. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a distinctive string of characters that enables the unique identification of the browser when the website is accessed again.
We use cookies to make our website functional. Some elements of our website require that the calling browser can be identified even after a page change.
The following data are stored and transmitted in the cookies:
The following is a list of saved data. Examples can include:
- Language settings
- Item in a shopping basket
- Login details
Furthermore, we use cookies on our website that enable an analysis of user browsing behaviour.
This way, the following data can be transmitted:
- Entered search terms
- Page view frequency
- Use of website functions
When you visit our website, you will be informed about the use of cookies for analytical purposes and your consent will be obtained for the processing of personal data used in this context. A reference to this privacy policy will also be made in this context.
2. Legal basis for data processing
The legal basis for processing personal data using cookies for analytical purposes, where the user has given their consent, is Article 6(1)(a) of the GDPR.
The legal basis for processing personal data using technically necessary cookies is otherwise Article 6(1)(f) GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to enable users to use websites. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognised again even after a page change.
For the following applications, we require cookies:
- Shopping basket
- Acceptance of language settings
- Login details
User data collected through technically necessary cookies is not used for creating user profiles.
The use of analytics cookies is for the purpose of improving the quality of our website and its content. Through analytics cookies, we learn how the website is being used and can therefore continuously optimise our offering.
Our legitimate interest in the subsequent processing of personal data also lies in these purposes according to Art. 6(1)(f) GDPR.
4. Storage duration, right to object and erasure
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the storage of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent.
VI. Newsletter
1. Description and scope of data processing
Our website offers the option to subscribe to a free newsletter. When you sign up for the newsletter, the data entered into the form is transmitted to us.
In addition, the following data will be collected upon registration:
- IP address of the calling computer
- Registration date and time
Your consent will be obtained for the processing of data as part of the registration process, and this privacy policy will be referred to.
If you purchase goods or services on our website and provide your email address, we may subsequently use it to send you a newsletter. In such cases, the newsletter will exclusively contain direct advertising for our own similar goods or services.
No data will be passed on to third parties in connection with the processing of data for sending newsletters. The data will be used exclusively for sending the newsletter.
2. Legal basis for data processing
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given consent.
The legal basis for sending the newsletter as a result of the sale of goods or services is Art. 6(1)(f) GDPR.
3. Purpose of data processing
The user's email address is collected in order to deliver the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
4. Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. The user's email address will therefore be stored for as long as the newsletter subscription is active.
The other personal data collected during the registration process are usually deleted after a period of seven days.
5. Right of objection and removal
The newsletter subscription can be cancelled by the user at any time. For this purpose, a corresponding link can be found in every newsletter.
This also allows for the withdrawal of consent for the storage of personal data collected during the registration process.
VII. Registration
1. Description and scope of data processing
On our website, we offer users the option to register by providing personal data. This data is entered into an input form and transmitted to and stored by us. The data is not passed on to third parties. The following data is collected during the registration process:
At the time of registration, the following data will also be stored:
The user's IP address
- Registration date and time
As part of the registration process, user consent will be obtained for the processing of this data.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
User registration is required in order to offer certain content and services on our website.
User registration is required for the performance of a contract with the user or for the carrying out of pre-contractual measures.
4. Duration of storage
The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected.
This is the case for data collected during the registration process if registration is cancelled or amended on our website.
This applies during the registration process for the fulfilment of a contract or for the performance of pre-contractual measures when the data is no longer required for the performance of the contract. Even after the conclusion of the contract, it may be necessary to store the contractual partner's personal data in order to comply with contractual or legal obligations.
5. Right of objection and removal
As a user, you have the option to cancel your registration at any time. You can have the data stored about you amended at any time.
If the data is required for the performance of a contract or for the implementation of pre-contractual measures, premature deletion of the data is only possible insofar as contractual or statutory obligations do not preclude deletion.
VIII. Contact Form and Email Contact
1. Description and Scope of Data Processing
Our website features a contact form which may be used for electronic communication. If a user takes advantage of this option, the data entered in the input fields will be transmitted to us and saved. This data includes:
At the time the message is sent, the following data will also be stored:
- The user's IP address
- Registration date and time
Your consent will be obtained during the submission process for data processing, and this privacy policy will be referred to.
Alternatively, it is possible to make contact using the provided email address. In this case, the personal data of the user transmitted with the email will be stored.
In this context, data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
The legal basis for processing the data transmitted during an email submission is Article 6(1)(f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Article 6(1)(b) GDPR.
3. Purpose of data processing
The processing of personal data from the input form is solely for the purpose of handling your enquiry. In the event of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the submission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been finally clarified.
The personal data collected during the submission process will be deleted no later than seven days afterwards.
5. Right of objection and removal
The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored during contact will be deleted in this case.
IX. Web analysis using Matomo (formerly PIWIK)
1. Scope of personal data processing
We use the open-source software tool Matomo (formerly PIWIK) on our website to analyse our users' browsing behaviour. The software places a cookie on the users' computers (see above for cookies). When individual pages of our website are accessed, the following data is stored:
- Two bytes of the user's calling system's IP address
- The webpage that was called
- The website from which the user navigated to the currently viewed webpage (referrer)
- The subpages that are accessed from the called web page
- The time spent on the website
- Page view frequency
The software runs exclusively on our website's servers. Personal user data is only stored there. The data is not passed on to third parties.
2. Legal basis for the processing of personal data
The legal basis for processing user personal data is Article 6(1)(f) of the GDPR.
3. Purpose of data processing
The processing of users' personal data allows us to analyse their browsing behaviour. By evaluating the data obtained, we are able to compile information about the use of individual components of our website. This helps us to continuously improve our website and its user-friendliness. Our legitimate interest in processing data for these purposes also lies in accordance with Art. 6 para. 1 lit. f GDPR. By anonymising the IP address, users' interest in the protection of their personal data is sufficiently taken into account.
4. Duration of storage
The data will be deleted as soon as it is no longer needed for our record-keeping purposes.
In our case, this is the case after 30 days at the latest.
5. Right of objection and removal
Cookies are stored on the user's computer and transmitted by them to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the storage of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it is possible that not all functions of the website can be fully used.
Further information on Matomo software's privacy settings can be found at the following link: https://matomo.org/docs/privacy/.
X. Rights of the data subject
The following list includes all data subject rights under the GDPR. Rights that are not relevant to one's own website do not need to be mentioned. To this extent, the list can be shortened.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
Right to information
You may request confirmation from the controller as to whether personal data relating to you are being processed by us.
If such processing is taking place, you can request information from the controller about the following:
(1) the purposes for which personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored or, if concrete information is not possible, the criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of complaint to a supervisory authority;
(7) all available information as to the source of the personal data, where the personal data were not obtained from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved, as well as the scope and the intended effects of such processing for the data subject.
You have the right to request information as to whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to rectification and/or completion from the controller, provided that the personal data processed concerning you are inaccurate or incomplete. The controller must make the rectification without delay.
Your right to rectification may be restricted to the extent that it is likely to make the achievement of research or statistical purposes impossible or seriously impair them, and the restriction is necessary for the fulfilment of the research or statistical purposes.
3. Right to restrict processing
You can request the restriction of the processing of your personal data under the following conditions:
if you dispute the accuracy of personal data relating to you, for a period that enables the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse the erasure of the personal data and instead request the restriction of the use of the personal data;
(3) the data controller no longer requires the personal data for the purposes of processing, but you require them for the establishment, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.
Where the processing of personal data concerning you has been restricted, such data may, apart from being stored, only be processed with your consent, or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State.
If the restriction of processing has been restricted under the aforementioned conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
Obligation to delete
You can request that the controller immediately delete your personal data, and the controller is required to delete this data without delay, provided that one of the following grounds applies:
The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent, on which the processing according to Art. 6(1)(a) or Art. 9(2)(a) GDPR was based, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) the erasure of personal data concerning them is necessary for compliance with a legal obligation to which the controller is subject under Union or Member State law.
(6) The personal data concerning you was collected with regard to information society services offered pursuant to Art. 8(1) GDPR.
b) Information to third parties
If the controller has made personal data relating to you public and is obliged to erase that personal data pursuant to Article 17(1) of the GDPR, the controller shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that you, as the data subject, have requested the erasure by them of any links to, or copy or replication of, those personal data.
c) Exceptions
The right to erasure does not exist where processing is necessary
To exercise the right to freedom of expression and information;
(2) to fulfil a legal obligation to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health within the meaning of Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
(4) for archival purposes, scientific or historical research purposes, or statistical purposes in the public interest in accordance with Article 89(1) GDPR, provided that the right mentioned in point (a) is likely to render impossible the achievement of the objectives of processing or seriously impairs them, or
(5) for the assertion, exercise or defence of legal claims.
5. Right to information
If you have asserted your right to rectification, erasure, or restriction of processing with the controller, the controller is obliged to inform any recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and
(2) processing is carried out using automated procedures.
In exercising this right, you further have the right to obtain the transfer of your personal data from one controller to another, insofar as this is technically feasible. The freedoms and rights of others must not be affected by this.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) of the GDPR, including profiling based on those provisions.
The controller will no longer process your personal data unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing; this also applies to profiling where it is related to such direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures employing technical specifications.
You also have the right to object to the processing of your personal data for reasons arising from your particular situation, where it is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR.
Your right of objection may be restricted insofar as it is likely to make the achievement of research or statistical purposes impossible or seriously impaired, and the restriction is necessary for the fulfilment of the research or statistical purposes.
8. Right of withdrawal of the data protection consent declaration
You have the right to withdraw your data protection consent declaration at any time. Withdrawal of consent does not affect the lawfulness of processing carried out based on consent prior to its withdrawal.
9. Automated individual decision-making, including profiling.
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) it is permitted by Union or Member State law to which the controller is subject, and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your explicit consent.
However, these decisions must not be based on special categories of personal data pursuant to Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
Regarding the cases mentioned in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms, as well as your legitimate interests, including at least the right to have human intervention made by the controller, to express your point of view, and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint was lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of judicial remedy pursuant to Article 78 of the GDPR.