PRIVACY POLICY

I. Name and address of the person responsible

The person responsible for the purposes of the EU data protection basic regulation and other national data protection laws of the Member States, as well as other data privacy regulations, is the:

Smartlane GmbH
Metzstraße 29a
81667 Munich, Germany

Phone: + 49 89 9041193 0
E-mail: info@smartlane.de
Website: www.smartlane.de


1. General Information

We – the Smartlane GmbH – take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations and this data protection declaration.

We are pleased about your interest in our company and our products and services and would like you to feel safe when you visit our Internet pages with regard to the protection of your personal data. The observance of the provisions of the European Data Protection Basic Regulation (hereinafter referred to as "DSGVO") is a matter of course for us.

We would therefore like to provide you with a transparent representation of whether and which data we collect, process and use. Our obligation to do so stems from the Tele-Media Act, the European Data Protection basic regulation and the Federal Privacy Act.

In general, we offer our services via the Internet presences smartlane.de and Smartlane.io. We also offer our application "Smartlane" for mobile operating systems. This privacy policy applies only to our websites and our mobile smartphone application. In particular, the following references do not refer to third-party websites of other providers, which are linked from our pages or the app or – vice versa – from which links are linked to our website. Also, third-party providers, such as Apple and Google, whose offerings are partially used in connection with the app, regularly have their own privacy statements that you should familiarize yourself with before you provide data and Offers.

II. Central services of the website

Central services are used on the website. These include, among others:

(1) Provision of the website and creation of LogFiles
(2) Use of cookies
(3) Web Analytics
(4) Contact Form
(5) Newsletter
(6) Other Web page forms

III. General information on data processing

1. Extent of the processing of personal data

The use of our website is usually possible without providing personal data. According to article 4, para 1 DSGVO, personal data are individual information about the personal or factual circumstances of a certain or identifiable natural person. These include, for example, your name, address, gender, date of birth, age, phone number, e-mail address, or IP address. This list is not exhaustive and serves only to illustrate what may fall under the concept of personal data. As far as personal data (e.g. name, address or e-mail addresses) are collected on our website, this is always done on a voluntary basis.

We will collect, process and use the personal data provided by you online only for the purposes communicated to you and after obtaining prior consent. Your personal data will not be passed on to third parties without your express consent. An exception applies in cases in which a prior obtaining of consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

In so far as we obtain the consent of the data subject for processing of personal information, article 6 (1) lit. A DSGVO as a legal basis.

Article 6 (1) shall be used for the processing of personal data necessary to fulfil a contract to which the person concerned is a party. (b) DSGVO as a legal basis. This also applies to processing operations which are necessary for the implementation of pre-contractual measures.

In so far as a processing of personal data is necessary for the fulfilment of a legal obligation which is subject to our company, article 6 (1) lit. (c) DSGVO as a legal basis.

In the event that vital interests of the person concerned or of another natural person require the processing of personal data, article 6 (1) shall be used. (d) DSGVO as a legal basis.

If the processing is necessary to maintain a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first-mentioned interest, article 6 (1) shall be used. (f) DSGVO as the legal basis for processing.

3. Data erasure and Storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is omitted. A storage may also take place if this is provided for by the European or national Legislators in Union law regulations, laws or other regulations to which the person responsible is subject. The data will be blocked or deleted even if a storage period prescribed by the aforementioned standards expires, unless there is a requirement for further storage of the data for the conclusion of a contract or a performance of the contract.

IV. Provision of the website and creation of LogFiles

1. Extent of the processing of personal data

In the case of merely informational use of the website, i.e. if you do not sign up for use of the website, register or otherwise provide us with information, we do not collect any personal data, with the exception of the data that your browser transmits to you Visit the site to allow. These are:

(1) IP address
(2) Date and time of the request
(3) content of the request (concrete page)
(4) Access status/HTTP status code
(5) The amount of data transferred
(6) Browser type and version
(7) Operating system
(8) Language and version of the browser software

The data is also stored in the logfiles of our system. The IP addresses of the user or other data that enable the assignment of the data to a user are not affected. A storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing

The legal basis for the temporary storage of the data is Article 6 (1) lit. F DSGVO.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary in order to enable the delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. In the event that the data is collected to provide the site, this is the case when the respective session is terminated.

5. Possibility of opposition and elimination

The collection of the data for the provision of the website and the storage of the data in LogFiles is absolutely necessary for the operation of the Internet site. Consequently, there is no possibility of opposition by the user.

V. Use of cookies

1. Extent of the processing of personal data

Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user's computer system. When a user calls a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the Web site is recalled.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can also be identified after a page change.
The following data are stored and transmitted in the cookies:

(1) Language settings

The data of the users collected in this way are pseudonymisiert by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.
When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and are referred to this privacy statement. In this context, it is also an indication of how the storage of cookies can be prevented in the browser settings.

2. Legal basis for data processing

The legal basis for the processing of personal data using technically Notweniger cookies is Article 6 para 1 lit. F DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is, in the presence of the user's consent, article 6 (1) lit. A DSGVO.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. The user data collected by technically necessary cookies are not used to create user profiles.

4. Duration of storage and possibility of opposition and disposal

Cookies are stored on the user's computer and sent to our site by them. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, all functions of the website may no longer be used in full.

VI. Google Analytics

1. Description and scope of data processing

We use Google Analytics, a Web Analytics service from Google Inc. (hereinafter "Google") to analyze the search behavior of our users. The software sets a cookie on the user's computer (see cookies already above). If individual pages of our website are called, the following data are stored:

(1) Anonymized IP address
(2) Browser type and version
(3) Operating system
(4) The Internet service provider
(5) Date and time of access
(6) Location (country and city) of access
(7) Visitor source (paid, direct, organic, referral, other)
(8) If applicable, the URL of the referring website (referrer URL)
(9) The website called up, including sub-pages, which are accessed from the website
(10) The Dwell time on the website
(11 The frequency of the call to the website

Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to further with the use of this online offer and the Services connected to the Internet. In this process, pseudonyms of user profiles can be created from the processed data. We only use Google Analytics with IP anonymization enabled. This means that the IP address of the users is reduced by Google within 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 transferred to a Google server in the United States and shortened there. The IP address transmitted by the user's browser is not merged with other data from Google. Users can prevent the storage of cookies by a corresponding setting of their browser software (see v. Use of cookies)

2. Legal basis for data processing

The legal basis for the processing of the personal data of the users is Article 6 (1) lit. F DSGVO.

3. Purpose of data processing

The processing of the personal data of the users allows us an analysis of the surfing behaviour of our users. We are able to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to constantly improve our website and its user-friendliness. In these purposes, we also have a legitimate interest in the processing of the data in accordance with article 6 (1) lit. F DSGVO. By anonymizing the IP address, the interest of the users in their protection of personal data is duly taken into account.

4. Duration of storage

The data will be deleted as soon as it is no longer needed for our recording purposes. In our case, this is the case after 38 months.

5. Possibility of opposition and elimination

You can prevent the storage of cookies by a corresponding setting of your browser software. In addition, you can prevent Google from capturing the data generated by the cookie and related to your use of the website (including your IP address) to Google, and the processing of such data by using the following link (Http://tools.google.com/dlpage/gaoptout?hl=de) Download and install the available browser plug-in. You can prevent Google Analytics from capturing it by clicking the following link. An opt-out cookie is set that prevents the future collection of your data when you visit this site: Disable Google Analytics

VII. contact form and e-mail contact

1. Description and scope of data processing

On our website there is a contact form which can be used for electronic contact. If a user perceives this possibility, the data entered in the input form will be transmitted to us and stored. These data are:

(1) Salutation
(2) First and last name
(3) Company name
(4) Number of orders / shipments per month
(5) E-mail address

The following data are optional:

(1) Telephone number

The following data will also be stored at the time of sending the message:

(1) Date and time of contact

For the processing of the data, your consent is obtained within the framework of the submit operation and referred to this data protection declaration.
Alternatively, you can contact us via the email address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is, in the presence of a consent of the user, article 6 para 1 lit. A DSGVO.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. F DSGVO. If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Article 6 (1) lit. (b) DSGVO.

3. Purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact. In case of contact by e-mail, this also includes the necessary legitimate interest in the processing of the data.
The other personal data processed during the submit operation are used to prevent misuse of the contact form and to ensure the safety of our information technology systems.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. This is the case for the personal data from the input mask of the contact form and those sent by e-mail, if the respective conversation with the user is terminated. The conversation ends when it is clear from the circumstances that the facts concerned have been clarified.

5. Possibility of opposition and elimination

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user makes contact with us by e-mail, he may at any time object to the storage of his personal data. In such a case, the conversation cannot continue.

The revocation can be made either by phone or e-mail. All personal data stored in the course of contact will be deleted in this case.

VIII driver app

1. Description and scope of data processing

Through the Google Play store or as a Web version (Http://www.smartlane.de/driverapp) We provide users with our driver app. When you download app via Google Play store, the necessary information is transferred to the respective App store. This includes the following data:

(1) User name
(2) Email address
(3) Individual device code
(4) The following data are also collected at the registration:
(5) Date and time of download

However, we have no influence on this data collection, as this is the responsibility of the respective app store operator. We process this provided data as far as it is necessary to download the app to your mobile device. Furthermore, they are not stored with us.
For the use of our app, registration as a driver is basically required. This registration is done by the dispatcher in the central office and cannot be affected by the user of the app. When you continue to use our app, we specifically collect the following data to enable the app's features:

(1) Name
(2) Email address
(3) Location data

The following data are optional:

(1) Telephone number

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation and the tracking as part of a delivery.

2. Legal basis for data processing

The legal basis for the processing of the data is, in the presence of a consent of the user, article 6 para 1 lit. A DSGVO.

3. Purpose of data processing

Location: Our app uses the location of the mobile device (smartphone, tablet, PC, etc.) that is determined by GPS coordinates to be able to transmit this information to the Central Station continuously. This enables our software to provide optimal route and delivery planning.
Phone data: Our app uses the phone function of the mobile device exclusively to contact the central Office (active or as a callback please). Furthermore, no data is used.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. For the personal data in the context of the driver app, this is the case if the respective user is no longer available to the company as a driver. Since there is a link to previous orders, the deletion takes place only after an explicit telephone or electronic request by the user.

5. Possibility of opposition and elimination

As a user you have the possibility to cancel the driver registration at any time. The data stored about you can be changed at any time. The driver profile is deleted immediately after telephone or electronic call.

IX. Services in which no personal data is collected

a) Links to other websites

We link websites of other providers (third parties) that are not affiliated with us. If you click on these links, we will no longer have any influence over what data is collected and used by these providers. For more detailed information on data collection and usage, please refer to the Privacy policy of the respective provider. We do not take responsibility for the collection and processing of data by third parties. However, as far as technically possible, we clearly point out that you are accessing a third-party provider.

b) Social Media

On our website you will find a link to our social media offers Facebook, Twitter, Xing and LinkedIn. We also use social media buttons such as the "Like" button from Facebook or the "tweet button" of Twitter in our blog. As long as you do not click on the respective link, no data will be sent to the respective social media provider. Only after you have clicked on this link do you leave our website and will be redirected to our corresponding social media offer on Facebook, Twitter, Xing or LinkedIn, which is stored on servers of the respective social media operators. The servers can be located outside the European Union.

X. Rights of the data subject

If personal data is processed by you, you are affected I.S.D. DSGVO and you are entitled to the following rights to the person responsible:

1. Right to Information

You may require the person responsible to confirm whether personal data pertaining to you is processed by us.

If such processing is required, you can request information from the person responsible for the following:

(1) The purposes for which the personal data are processed;
(2) The categories of personal data which are processed;
(3) The recipients or categories of recipients to whom the personal data relating to them have been disclosed or are still disclosed;
(4) The planned duration of the storage of personal data relating to them or, where specific information is not possible, criteria for determining the storage duration;
(5) The existence of a right to rectify or delete the personal data relating to it, a right to restrict processing by the person responsible or a right of objection against such processing;
(6) The existence of a right of appeal to a supervisory authority;
(7) Any information available on the origin of the data where the personal data are not collected by the person concerned;
(8) The existence of an automated decision-making process, including profiling pursuant to article 22 (1) and (4) of the DSGVO and, at least in such cases, meaningful information on the logic involved, the scope and the intended impact of a Processing for the person concerned.

You have the right to request information on whether the personal data relating to you is transmitted to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to article 46 DSGVO in connection with the transmission.

2. Right to Notification

You have the right to rectification and/or completion to the person responsible, provided that the processed personal data relating to you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) If you dispute the accuracy of the personal data relating to you for a period of time, which enables the person responsible to verify the accuracy of the personally identifiable information;
(2) The processing is unlawful and you reject the deletion of the personal data and instead demand the restriction of the use of personal data;
(3) The person responsible is no longer in need of the personal data for the purposes of processing, but they need it for the assertion, exercise or defence of legal claims, or
(4) If you have appealed against the processing in accordance with article 21 (1) of the DSGVO and have not yet established whether the legitimate reasons of the person responsible outweigh the reasons.

If the processing of the personal data relating to you has been restricted, this data, apart from its storage, may only be subject to your consent or to the assertion, exercise or defence of legal claims or to protect the rights of a Other natural or legal person or for reasons of an important public interest of the Union or of a Member State.

If the limitation of processing has been restricted according to the above conditions, the person responsible will inform you before the restriction is lifted.

4. Right to limitation of processing

A) duty of cancellation

You may require the person responsible to delete the personal data relating to you immediately, and the person responsible is obligated to remove this data immediately, provided that one of the following reasons applies:

(1) The personal data relating to you are no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent to which the processing according to article 6 (1) lit. (a) or article 9 (2) lit. A DSGVO supported and there is no other legal basis for processing.
3. In accordance with article 21 (1) of the DSGVO, they shall object to the processing and there are no overriding reasons for the processing or, in accordance with article 21 (2), DSGVO objection to processing.
(4) The personal data relating to them have been processed in an unlawful form.
5. The deletion of the personal data concerned shall be required to comply with a legal obligation under union law or the law of the Member States to which the person responsible is subject.
(6) The personal data relating to them were collected in relation to information society services provided in accordance with article 8 (1) DSGVO.

b) Information to third parties

If the person responsible has made public the personal data relating to them and is obliged to delete them pursuant to article 17 (1) of the DSGVO, he shall take appropriate measures, taking into account the available technology and the implementation costs, Also of a technical nature, in order to inform the data controller, who process the personal data, that you as an affected person from you the deletion of all links to this personal data or of copies or replicas Personal data.

c) Exceptions

The right to delete does not exist as far as the processing is required

(1) To exercise the right to freedom of expression and information;
2. In order to fulfil a legal obligation which requires processing under the law of the Union or of the Member States to which the person responsible is subject, or for the performance of a task which is in the public interest or in the exercise of public which has been transferred to the person responsible;
(3) For reasons of public interest in the field of public health in accordance with article 9 (2) (h) and (i) and article 9 (3 DSGVO);
(4) For archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to article 89 (1) DSGVO, to the extent that the law referred to in section A) is likely to fulfil the objectives of this processing is impossible or seriously impaired, or
(5) To assert, exercise or defend legal claims.

5. Right to be informed

If you have exercised the right to rectify, delete or restrict the processing to the person responsible, the latter is obligated to make this correction or The deletion of the data or limitation of the processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients to the person in charge.

6. Right to Data transferability

You have the right to receive the personal data relating to you, which you have provided to the person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance by the person in charge of the personal data provided that

(1) The processing on a consent pursuant to Article 6 (1) lit. (a) DSGVO or article 9 (2) lit. (a) DSGVO or on a contract pursuant to article 6 (1). (b) DSGVO is powered and
(2) processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data relating to you be transmitted directly by a person responsible to another person responsible, as far as this is technically feasible. Freedoms and rights of other persons may not be affected by this.

The right to transfer data does not apply to the processing of personal data necessary for the performance of a task which is in the public interest or is carried out in the exercise of public authority which has been transferred to the person responsible.

7. Right of objection

You have the right, for reasons arising from your particular situation, at any time against the processing of the personal data relating to you, which is powered on article 6 (1) lit. (e) or (f) DSGVO to appeal; This also applies to profiling powered on these provisions.

The person responsible no longer processes the personal data relating to them, unless he can prove compelling reasons for the processing that outweigh their interests, rights and freedoms, or the processing serves the Enforcement, exercise or defence of legal claims.

If the personal data relating to you is processed in order to operate direct advertising, you have the right at any time to object to the processing of the personal data relating to you for the purpose of such advertising; This also applies to profiling as far as it is related to such direct advertising.

If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.

In connection with the use of information society services, irrespective of Directive 2002/58/EC, they have the possibility to exercise their right of objection by means of automated procedures using technical specifications.

8. Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of the consent does not affect the legality of the processing due to the consent until the revocation.

9. Automated decision-making in individual cases including profiling

You have the right not to be subjected to a decision powered solely on automated processing, including profiling, which will have a legal effect on you or, in a similar manner, significantly affect you. This does not apply if the decision

(1) It is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
(2) is permissible on the basis of legislation of the Union or of the Member States to which the person responsible is subject, and where such legislation contains appropriate measures to safeguard their rights and freedoms and their legitimate interests;
(3) with your express consent.

However, these decisions may not be powered on specific categories of personal data in accordance with article 9 (1) DSGVO, unless article 9 (2) A or G DSGVO and appropriate measures have been taken to protect the rights and freedoms and their legitimate interests.

As regards the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard the rights and freedoms and their legitimate interests, including at least the right to a person's intervention on the part of the party responsible, Position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, in particular in the Member State of your place of stay, your workplace or the location of the suspected Infringement, if they consider that the processing of the personal data concerned violates the DSGVO.

The supervisory authority in which the complaint was lodged shall inform the complainant of the status and results of the appeal, including the possibility of a judicial remedy under article 78 DSGVO.

XI Status and amendment of the data protection declaration

Users are asked to regularly inform themselves about the content of the data protection declaration.

1. Amendment of the Data Protection declaration

We reserve the right to modify this privacy policy in order to adapt it to changes in the law, or to change the service and data processing. However, this is only valid with regard to explanations of data processing. If consent of the users is required or components of the data Protection declaration contain provisions of the contractual relationship with the users, the changes are made only with the consent of the users.

2. State of the Data Protection declaration

This data protection declaration is dated 01 April 2019.