Privacy and data protection
§ 1 Preface
We handle any personal customer dates – i. e. title, name, residential and e-mail addresses, telephone number, bank details and credit
card number – exclusively according to the German data privacy laws as well as to the data privacy laws of the European Union (EU).
The following rules specify the type, extent and purpose of personal data acquisition, processing and use. This data privacy statement
refers exclusively to our own web pages. In case of being transferred to other web pages by clicking on hyperlinks stated on our pages,
we advise the users to gather any information regarding the handling of their personal data from the above-mentioned external web pages themselves.
§ 2 User-related data
(1.1) Any user-related data necessary for justifying, designing and/or altering the contractual relationship are exclusively used for the
contract fulfilment. For instance, this means that the customer’s name and address are passed on to the supplier for effecting the
delivery of the goods. Also, for the processing of payments we transmit the relevant customer data to the authorized banking institution.
(1.2) In case of a direct payment via PayPal as well as by credit card, debit advice or – if available – by purchase on account through the PayPal payment interface, we transmit the relevant customer data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal,
L-2449 Luxembourg (hereinafter called „PayPal“). Regarding the above-mentioned payment methods by credit card, debit advice or –
if available – by purchase on account, PayPal reserves the right to carry out a credit assessment of the purchaser in question. The result of the before-mentioned credit assessment with regard to the statistical default on payments forms the basis for PayPal to decide on the provision of the respective payment method. The credit assessment may include various probability values (the so-called score values) which are calculated based on scientifically recognized mathematical and statistical methods and whose calculation includes an address data feed. For further information on data protection, for instance on the credit agencies involved, please refer to PayPal's privacy
statement available under the following link: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
(2) We will not pass on any personal customer data to any third parties not involved in the contractual relationship without the customer’s explicit consent and/or without any legal basis. After completion of the contract fulfilment, the above-mentioned customer data are
banned for any further use. On expiry of the fiscal and commercial regulation periods, all personal customer data are deleted unless the customer has explicitly consented to a further use of the data.
§ 3 Addition of comments
It is possible to add a comment to our website.In this case, we request some personal data which will exclusively be used for the comment function, e. g. name/pseudonym, email address, website etc. We will not pass on any of these personal customer data to any third parties, nor use them for any other purpose, without the customer’s explicit consent.
§ 4 Cookie information
(2) The customers are free to prevent the cookie storage by selecting the “block cookies” browser menu item. However, we point out that this action may lead to a limitation of our web page functions offered to them.
§ 5 Newsletter
When subscribing to our newsletter, the customer’s e-mail address is used for our own promotional purposes until cancellation of the subscription, which may be done at any time. Our customers accept the newsletter subscription separately or during the ordering process by clicking on the following item:
Our customers are entitled to cancel the above-mentioned newsletter subscription regarding any future issues at any time by clicking on “cancel newsletter subscription”.
§ 6 Use of YouTube videos
The website www.offroad-kontor.de makes use of the YouTube embedding function in order to display and render various YouTube videos. By this, we use the extended data protection mode which, according to the provider, does not store any user information until the video in question is started. When an embedded YouTube video is started, the provider uses YouTube cookies in order to gather any user behaviour information. According to YouTube, this information is used among other things to capture relevant video statistics as well as to improve the user friendliness and to prevent any fraudulent or incorrect behaviour. Regardless of the playback of any embedded video, each time the YouTube website is accessed, an automatic connection to the Google „DoubleClick“ network is established which may lead to various further data processing operations beyond our control and influence.
For further information on the YouTube data protection regulations, please refer to the provider's privacy statement available under the following link: https://www.google.de/intl/de/policies/privacy/.
§ 7 Rights of the data subjects
If your personal data are processed, you are an affected party according to the European Data Protection Act (DSGVO). In this case, you have the following rights before the responsible party:
1. Right of access
You are entitled to receive a confirmation from the accountable person whether your personal data will be processed by us.
If your personal data is processed by us, you are entitled to receive any requested information from the accountable person regarding the following items:
(1) The purposes for which your personal data will be processed;
(2) The categories of the personal data to be processed;
(3) The recipients respectively the categories of recipients to whom your personal data has been revealed or is due to be revealed;
(4) The planned duration of storage regarding your personal data or, if any concrete information with regard to the above-mentioned duration is not available, the criteria for the duration of storage regarding your personal data;
(5) The existence of a right of correction or deletion regarding your personal data, as well as the existence of a right to restrict the processing of your personal data by the accountable person and of a right to object to the above-mentioned data processing;
(6) The existence of a right of appeal to a supervisory authority;
(7) Any available information as to the source of the personal data processed by us in case the before- mentioned data has not been collected directly from the data subject;
(8) The existence of an automated decision-finding including profiling in accordance with paragraph 1 and 4 of Article 22 of the European Data Protection Act (DSGVO) and any meaningful corresponding information regarding the logistics involved, as well as the impacts – intended or not - of the above-mentioned processing on the data subject concerned.
You are entitled to receive any requested information as to whether your personal data is transferred to a third country or to an international organisation. In this context, you may require to be informed about the appropriate safeguards in accordance with Article 46 of the European Data Protection Act (DSGVO) with regard to the above-mentioned data transfer.
2. Right to demand data correction
In case your personal data processed by us is incorrect or incomplete, you have the right to obtain instant correction and/or completion of the above-mentioned data to be carried out by the responsible party.
3. Right of a limitation of data processing
You may demand a limitation of the processing of your personal data under the following conditions:
(1) In case you contest the accuracy of your personal data within an appropriate period of time for the personal party to verify the correctness of the above-mentioned data;
(2) In case of an unlawful data processing and a refusal on your part to have your personal data erased, instead demanding a limitation of the use of the above-mentioned data;
(3) In case the responsible party does no longer need the use of your personal data for any further processing, whereas you are still in need of the above-mentioned data for the establishment, exercise or defence of legal claims;
(4) In case you have filed an objection against the processing of your personal data in accordance with paragraph 1 of Article 21 of the European Data Protection Act (DSGVO) and it is still uncertain whether the justified reasons of the responsible party regarding the above-mentioned data processing outweigh your own interests.
With the exception of their storage, in case of an approved limitation of the processing regarding your personal data, the before-mentioned data may exclusively be processed with your consent or for the establishment, exercise or defence of legal claims as well as for the protection of the rights of any other natural or legal person and for reasons of substantial public interest of the European Union or one of its Member States.
In case the processing of your personal data has been limited in accordance with the above-mentioned conditions, you shall be informed by the responsible party before the limitation(s) in question will be revoked.
4. Right of data deletion
a) Obligation of data deletion
You shall have the right to obtain from the responsible party the instant deletion of your personal data. The responsible party is obligated to delete the above-mentioned data without delay if any of the following criteria applies:
(1) Your personal data is no longer required in relation to the objectives for which it was originally collected and/or processed.
(2) You revoke your consent regarding the processing of your personal data in accordance with paragraph 1 of Article 6 lit.a, respectively paragraph 2 Article 9 lit.a, of the European Data Protection Act (DSGVO), and there is no further legal basis with regard to the above-mentioned processing.
(3) You either object against the processing of your personal data in accordance with paragraph 1 of Article 21 of the European Data Protection Act (DSGVO) and there are no overriding legitimate reasons for the above-mentioned processing, or you object against the above-mentioned processing in accordance with paragraph 2 of Article 21 of the European Data Protection Act (DSGVO).
(4) Your personal data has been unlawfully processed.
(5) The deletion of your personal data is required to fulfil a legal obligation in accordance with EU law, respectively with the law of the EU Member States to which the responsible party is subjected.
(6) Your personal data has been collected with regard to the Information Society services in accordance with the paragraph 1 of Article 8 of the European Data Protection Act (DSGVO).
b) Information to third parties
In case the responsible party has made your personal data public and is obligated to delete the before-mentioned data in accordance with the paragraph 1 of Article 17 of the European Data Protection Act (DSGVO), they shall take appropriate steps, including those of a technical nature, to inform all persons responsible for the processing of your personal data of your demand to delete any links to the before-mentioned data, respectively any copies or replications of the data in question, all the while taking account of the available technologies and the corresponding implementation costs.
c) Exceptions regarding the data deletion
The right of deletion shall not apply if the processing of your personal data is required for the following:
(1) The exercise of freedom of expression and information;
(2) The fulfilment of a legal obligation as part of the above-mentioned processing in accordance with EU law, respectively with the law of the EU Member States to which the responsible party is subjected, orthe performance of a task assigned to the responsible party and carried out in the public interest or subject to the exercise of public authority;
(3) Reasons of public interest relating to the field of public health in accordance with paragraph 2 of Article 9 lit.h and i., as well as paragraph 3 of Article 9, of the European Data Protection Act (DSGVO);
(4) Archiving purposes subject to public interest, scientific or historical research purposes or statistical purposes in accordance with paragraph 1 of Article 89 of the European Data Protection Act (DSGVO), provided that the data subject's right mentioned under a) Obligation of data deletionis likely to prevent or seriously affect the achievement of the objectives with regard to the above-mentioned data processing;
(5) The establishment, exercise or defence of legal claims.
5. Right to information
Once you have asserted your right of rectification, erasure or limitation regarding the processing of your personal data against the responsible party, the aforementioned party is obligated to inform any recipients having your above-mentioned data at their disposal about the a. m. data rectification, erasure or limitation, unless this proves impossible or involves a disproportionate effort.
You are entitled to be informed of the above-mentioned recipients by the party responsible for the data processing.
6. Right to data portability
You are entitled to reobtain any personal data you have supplied to the party responsible for the data processing in a structured, common and machine-readable format. Further, you have the right to transfer the above-mentioned data to a third party without obstruction by the responsible party originally supplied with your personal data, insofar as
(1) The processing of your personal data is based on your consent in accordance with paragraph 1 lit.a of Article 6 of the European Data Protection Act (DSGVO) or paragraph 2 lit.a of Article 9 of the European Data Protection Act (DSGVO), or on a contract in accordance with paragraph 1 lit.b of Article 6 of the European Data Protection Act (DSGVO), and
(2) The processing of your personal data is carried out by automated tools.
While exercising the right to data portability, you are further entitled to have your personal data transferred directly to a third responsible party by the responsible party originally supplied with your above-mentioned data, provided this is technically possible. Also, the rights and freedoms of others must not be jeopardised thereby.
The right to data portability does not apply for any processing of personal data necessary to comply with a task of public interest or for the exercise of official authority assigned to the responsible party.
7. Right to object
You are entitled to object at any time against the processing of your personal data based on paragraph 1 lit.e or f of Article 6 of the European Data Protection Act (DSGVO) due to any reasons resulting from a special situation, including a possible profiling based on the above-mentioned law.
In this case, the responsible party ceases to process your personal data unless they provide compelling legitimate grounds predominating your own interests, rights and freedoms, or the processing of your above-mentioned data is obligatory for the establishment, exercise or defence of legal claims.
In case your personal data is processed for direct advertising, you have the right to object at any time against such a processing; this also counts for the above-mentioned profiling insofar as it is linked to the a. m. advertising.
Should you object to the processing of your personal data for direct advertising, the before-mentioned data will no longer be used for this purpose.
You are entitled to carry out your right to object in association with the use of any services provided by the information society – notwithstanding Directive 2002/58/EG – by way of automated procedures including technical specifications.
8. Right of withdrawal regarding the data protection consent declaration
You are entitled to revoke your data protection consent declaration at any time. The above-mentioned cancellation does not affect the legality of any processing of your personal data carried out until the moment of revocation.
9. Automated decisions made in individual cases, including profiling
You have the right not to be subject to a decision which produces legal effects concerning yourself or significantly affects you and which is based solely on an automated processing of data, including profiling. This shall not apply if the above-mentioned decision
(1) is necessary for the conclusion or performance of a contract between yourself and the party responsible for the data processing,
(2) is permitted according to EU law, respectively to the law of the EU Member States to which the responsible party is subjected, as long as the above-mentioned law includes appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) is made with your explicit permission.
However, the above-mentioned decisions should not be based on the special categories of personal data in accordance with paragraph 1 of Article 9 of the European Data Protection Act (DSGVO), unless paragraph 2 of Article 9 lit.a or g applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.
Regarding the cases stated under (1) and (3), the responsible party takes the appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person from the responsible party.
10. Right to appeal before a supervisory authority
Without prejudice of other administrative or legal remedies, you have the right to appeal before a supervisory authority should you believe that the processing of your personal data has violated the European Data Protection Act (DSGVO), particularly before those supervisory authorities located within the Member State of your residence and your employment, respectively where the supposed infringement has occurred.
The authority lodged with the above-mentioned appeal shall inform the complainant about the progress and the results of the appeal in question, including the possibility of a legal remedy in accordance with Article 78 of the European Data Protection Act (DSGVO).
Responsible data processing party:
Contact details regarding the person in charge of data protection: