Privacy Policy

Thank you for your interest in our website www.ecap-mobility.com (hereinafter referred to as "Website").

Introduction

E-Cap Mobility GmbH
Messerschmittstr. 6
D-21423 Winsen (Luhe)
Germany

Phone +49 (0)4171-6794700
E-mail: info@ecap-mobility.com

(hereinafter referred to as "we", "us") as the operator of the website are responsible for the personal data of users (hereinafter referred to as "you") of the website within the meaning of the General Data Protection Regulation (hereinafter referred to as "GDPR").

The protection of your privacy is big and very serious issue for us. We collect, process and use your personal data in accordance with the content of this Privacy Policy and the applicable data protection regulations.

According to the GDPR, “personal data” are all information relating to an identifiable natural person (hereinafter “data subject”) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. In other words, personal data about you is information that relates to you or that personally identifies you and can be associated with you, either on its own or in combination with other information.

In this Privacy Policy we would like to inform you in detail which personal data we collect, process and use about you when you visit our website. We therefore ask you to read through the following information carefully.

1. Collection and purpose of using personal data

We process your personal data only to the extent necessary to provide a functioning website. In addition, we only process data that you have provided to us as part of contacting us.

1.1 Access to the Website

Each time you access our Website, your browser automatically sends specific information to the server of our Website, which then saves it to a log file. This is information about

  • the type and version of the browser you are using,

  • the operating system of your end device used by you (PC, notebook, smartphone, etc.),

  • the web page from which you came to our Website,

  • the host name (hereinafter "IP address") of your end device

  • the time at which access took place, and

  • the amount of data transferred and the access status (file transferred, file not found, etc.).

The legal basis for the collection and processing of information stored in a log file is Article 6 (1) (f) GDPR.

We use this data to ensure the functionality of the Website, in particular to detect and eliminate errors on the Website, to determine the utilization of the Website and to make adjustments or improvements. This purpose also includes our legitimate interest in data processing. Processing is expressly not carried out for the purpose of gaining knowledge about you as a visitor to the Website.

The information stored in a log file is deleted as soon as it is no longer required to achieve the purpose for which it was collected. We delete your IP address after leaving our Website. It is also possible to store the data in log files beyond this time. In this case, your IP address is masked so that it is no longer possible to associate it with the accessing client.

The collection of data for the provision of our Website and the storage of data in log files is essential for the operation of our Website. Consequently, there is no option for you to object.

We also use cookies on our Website. You will find more detailed information on this in Section 2 of this Privacy Policy.

1.2 Contact form and e-mail contact

A contact form is available on our Website, which can be used for establishing contact electronically. If you make use of this option, the data entered in the input form will be transmitted to us and stored. In order to receive a reply, at a minimum a valid e-mail address must be provided. All other information can be provided voluntarily.

As part of the sending process, reference is made to this Privacy Policy. By sending the contact form you agree to the processing of the data collected in the form.

As an alternative, it is possible to contact us via the e-mail address provided. In this case your personal data transmitted by e-mail will be stored.

The data will not be disclosed to third parties in this context. The data will be used exclusively for the processing of the communication.

If you have given your consent, the legal basis for processing the data is Article 6 (1) (a) GDPR.

The legal basis for processing the data transmitted in the course of sending an e-mail is Article 6 (1) (f) GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR.

Our processing the personal data from the input form is solely for the purpose of establishing contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

Other personal data processed during the sending process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

The data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data from the input fields of the contact form and those sent by e-mail, this is the case when each communication with you has ended. Communication ends when it can be inferred from the circumstances that the matter in question has been resolved conclusively.

Any additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

You have the option of withdrawing your consent to the processing of your personal data at any time. If you contact us by e-mail, you can object to the storage of your personal data at any time. In such a case, communication cannot be continued.

In this case, all personal data stored as part of establishing contact will be deleted.

2. Use of cookies

We use the cookies for our Website. Cookies are very small text files used by websites which your browser stores on your end device.

We only use what are known as session cookies (also referred to as temporary cookies), i.e. cookies that are temporarily stored exclusively for the duration of your use of our Website. The purpose of these cookies is to make use of our Website more convenient. For example, session cookies can be used to determine whether you have already visited individual pages on our website. After leaving the Website, these session cookies are deleted automatically.

You can set your browser so that it generally does not accept cookies, or only accepts them after you have explicitly confirmed them. You can easily find out how this works by using the help feature of your browser. If your browser does not accept cookies, however, the functionality of our Website may be limited or not available at all.

The data processed by cookies is required for the purposes specified in order to protect our legitimate interests in accordance with Article 6 (1) (f) GDPR.

3. Disclosure of personal data

Personal data will be disclosed to third parties if

  • this has been expressly consented to by the data subject in accordance with Article 6 (1) (a) GDPR,

  • disclosure in accordance with Article 6 (1) (f) GDPR is necessary to establish, exercise or defend legal claims and there is no reason to assume that the data subject has an overriding interest worthy of protection in not disclosing his data,

  • there is a legal, official and/or judicial obligation to transmit data in accordance with Article 6 (1) (c) GDPR, and/or

  • this is necessary in accordance with Art. 6 (1) (b) GDPR for the performance of a contractual relationship with the data subject.

In other cases, personal data will not be disclosed to third parties.

4. Data protection and third-party websites

Our Website may contain hyperlinks to and from third-party websites. If you follow a hyperlink to one of these websites, please note that we cannot assume any responsibility or warranty for third-party content or privacy policies. Please be sure to review the applicable privacy policy before submitting any personally identifiable information to these websites.

5. Your rights as a data subject and contact

Insofar as your personal data are processed in connection with your visit to our Website, you are entitled to the following rights as an "data subject" within the meaning of the GDPR:

5.1 Right of access

You may request confirmation from us as to whether personal data relating to you will be processed by us. If such processing is performed, you can request the following information from us:

  • the purposes for which the personal data are processed;

  • the categories of personal data processed;

  • the recipients or categories of recipients to whom your personal data has been or will be disclosed;

  • the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

  • the right to correction or deletion of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;

  • the right to lodge a complaint with a supervisory authority;

  • where the personal data are not collected from the data subject, any available information as to their source;

  • the existence of automated decision-making, including profiling, referred to in Article 22 (1, 4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You also have the right to request information as to whether your personal data are transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards according to Article 46 GDPR relating to the transfer.

5.2 Right to rectification

You have the right to rectification and/or completion of your personal data if your processed personal data are inaccurate or incomplete. We must make the correction immediately.

5.3 Right to restriction of processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  • if you contest the accuracy of the personal data for a period enabling us to verify the accuracy of the personal data;

  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

  • we no longer need your personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or

  • you objected to processing according to Article 21 (1) GDPR pending verification of whether our legitimate grounds override yours

If you have requested the processing of your personal data to be restricted, these data may, with the exception of storage, 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 important public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

5.4 Right to erasure (‘right to be forgotten’)

You may request us to delete your personal data immediately and we are obligated to delete such data immediately if any of the following reasons apply:

  • Your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  • You withdraw consent on which the processing is based according to Article 6 (1) (a) or Article 9 (2) (a) GDPR, and where there is no other legal ground for the processing.

  • You object to the processing according to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to processing according to Article 21 (2) GDPR.

  • Your personal data have been unlawfully processed.

  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which we are subject.

  • Your personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

Your right to erasure does not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;

  • for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;

  • for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) as well as Article 9 (3) GDPR;

  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR insofar as the right referred to in (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

  • for the establishment, exercise or defence of legal claims.

5.5 Right to notification

If you have exercised your right to rectification, erasure or restriction of processing against us, we are obliged to inform all recipients to whom your personal data have been disclosed of this rectification or deletion 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.

5.6 Right to data portability

You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller to whom the personal data has been provided without hindrance from us, where:

  • the processing is based on consent according to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract according to Article 1 (9) (a) GDPR; and

  • the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by us to another responsible person, insofar as this is technically feasible. The rights and freedoms of others may not be adversely affected by this.

That right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

5.7 Right of revocation

You have the right to object, on grounds relating to you particular situation, at any time to processing of your personal data based on Article 6 (1) (e) or (f), including profiling based on those provisions.

We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

5.8 Right to withdraw consent

You have the right to withdraw consent at any time. Withdrawing consent has no affect on the lawfulness of processing based on consent prior to its withdrawal.

5.9 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 affects you. This does not apply if the decision

is necessary for the conclusion or performance of a contract between you and the controller,

is authorised by legislation of the Union or of the Member States to which the controller is subject and contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or

is made with your explicit consent.

However, these decisions may not be based on special categories of personal data under 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 as well as your legitimate interests.

In the first and last cases, we will take reasonable steps to safeguard your rights and freedoms and your legitimate interests, including at least the right to have us intervene, to state our point of view and to challenge the decision.