Privacy Policy Felix Müller 24. August 2023

Privacy Policy

We take data protection seriously

Protecting your privacy in the processing of personal data is an important concern for us. When you visit our website, our web servers automatically store the IP of your Internet Service Provider, the website from which you visit us, the web pages you visit on our site, as well as the date and duration of your visit. This information is essential for the technical transmission of the web pages and secure server operation. Personalized evaluation of these data does not occur.

Responsible entity:

Motus Online Service GmbH Kumpfmühler Str. 30 93051 Regensburg Email: info@motus-os.com

Personal Data

Personal data is information about your person. This includes your name, address, and email address. You are not required to disclose personal data to visit our website. In some cases, we need your name and address, as well as other information to provide you with the desired service.

The same applies in case we supply you with informational material upon your request or when we answer your inquiries. In these cases, we will always inform you accordingly. We only store the data that you have transmitted to us automatically or voluntarily.

When you use one of our services, we generally collect only the data necessary to provide you with our service. We may ask you for additional information, which is voluntary. Whenever we process personal data, we do this to offer you our service or to pursue our commercial objectives.

Contacting Us

When you contact us (e.g., via contact form, email, telephone, or social media), the information provided by the person making the inquiry is processed, as far as this is necessary to answer the contact inquiries and any requested measures. The processing of contact inquiries within the framework of contractual or pre-contractual relationships is done to fulfill our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interests in responding to the inquiries.

Processed data types: Inventory data (e.g., first and last name, company name, addresses), contact data (e.g., email, telephone numbers). Affected persons: Communication partners. Purposes of processing: Contact inquiries and communication. Legal bases: Contract fulfillment and pre-contractual inquiries (Article 6 (1) (b) GDPR), Legitimate interests (Article 6 (1) (f) GDPR), Consent (Article 6 (1) (a) GDPR; Article 9 (2) (a) GDPR).

Automatically Stored Data

Server Log Files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Date and time of the request
  • Name of the requested file
  • Page from which the file was requested
  • Access status (file transferred, file not found, etc.)
  • Used web browser and operating system
  • Full IP address of the requesting computer
  • Transferred amount of data

This data will not be combined with other data sources. The processing is carried out in accordance with Article 6 (1) (f) GDPR based on our legitimate interest in improving the stability and functionality of our website. For technical security reasons, especially to prevent attempts to attack our web server, we temporarily store this data. It is not possible for us to draw conclusions about individual persons based on this data. After a maximum of seven days, the data is anonymized by shortening the IP address at the domain level, so it is no longer possible to relate it to the individual user. The data is also processed in anonymized form for statistical purposes; it is not compared with other data sets or passed on to third parties, even in excerpts.

Cookies

When you visit our web pages, we may store information on your computer in the form of cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited Internet sites and servers to distinguish the individual’s browser from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

By using session cookies, the controller can provide the users of this website with a user-friendly service that would not be possible without the setting of cookies. Without consent, we only use technically necessary cookies on the legal basis of legitimate interest according to Article 6 (1) (f) GDPR.

Personal cookies to improve our website or for marketing/advertising purposes are only used with your consent. On your first visit, you can voluntarily agree to tracking or analysis through the displayed cookie banner. Your data may be passed on to partners or third parties. These cookies will only be stored if you explicitly consent, and the legal basis is then your consent according to Article 6 (1) (a) GDPR in conjunction with § 25 (1) TDDDG. You can change your cookie settings here at any time:

XXXXX. Link to call up the consent banner again. XXXXX

Google reCAPTCHA

We use „Google reCAPTCHA“ (hereinafter „reCAPTCHA“) on this website. The provider is Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Ireland.

reCAPTCHA is used to check whether the data entry on this website (e.g., in a contact form) is done by a human or by an automated program. To this end, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g., IP address, duration of the website visitor’s stay on the website, or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses are completely in the background. Website visitors are not advised that an analysis is taking place.

The storage and analysis of data are based on Article 6 (1) (f) GDPR. The website operator has a legitimate interest in protecting its web offers from abusive automated snooping and SPAM. If a corresponding consent was requested, the processing is carried out exclusively on the basis of Article 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

For more information on Google reCAPTCHA, please refer to the Google Privacy Policy and Google Terms of Use at the following links: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

Google Maps

This site uses the map service Google Maps. The provider is Google Ireland Limited („Google“), Gordon House, Barrow Street, Dublin 4, Ireland.

To use the features of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. When Google Maps is activated, Google may use Google Web Fonts for the purpose of uniform font display. When accessing Google Maps, your browser loads the necessary web fonts into your browser cache to display texts and fonts correctly.

The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Article 6 (1) (f) GDPR. If a corresponding consent has been requested, processing is carried out exclusively on the basis of Article 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

Google refers to the Transatlantic Data Privacy Framework of 10 July 2023 (TADPF) for the transmission of data to recipients based in the USA and, in the case of data transfer to other third countries, to standard contractual clauses approved by the European Commission as a guarantee for ensuring a level of data protection comparable to that in the EU. A copy of the standard contractual clauses can be obtained here. Details can be found here: https://business.safety.google/controllerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

More information on the handling of user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

Google Web Fonts (local hosting)

This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

More information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

What purposes and on what legal basis are the data processed?

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018 in its current version:

  • To fulfill (pre-)contractual obligations (Art 6 (1) lit. b GDPR): The processing of your data is carried out for the execution of the contract online or at our business location. The data is processed, particularly during business initiation and the execution of contracts with you.
  • To fulfill legal obligations (Art 6 (1) lit. c GDPR): Processing your data is necessary for the purpose of fulfilling various legal obligations, e.g., from the Commercial Code or the Tax Code.
  • To protect legitimate interests (Art 6 (1) lit. f GDPR): Upon a balancing of interests, data processing beyond the actual fulfillment of the contract may be necessary to protect the legitimate interests of us or third parties. Data processing to protect legitimate interests occurs in the following cases:
    • Advertising or marketing (see number 4),
    • Measures for business management and the further development of services and products
    • Maintaining an internal customer database to improve customer service
    • In the context of legal enforcement
    • Sending non-sales promoting information and press releases.
  • If you have given us consent to process your data according to Art 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR (processing special categories of personal data)

Processing of Personal Data for Advertising Purposes

You can object to the use of your personal data for advertising purposes at any time, in whole or for specific measures, without incurring costs other than the transmission costs according to the basic tariffs.

Under the legal requirements of § 7 (3) UWG, we are entitled to use the email address you provided during the contract conclusion for direct advertising for our own similar services or products. You will receive these recommendations from us regardless of whether you have subscribed to a newsletter. If you do not wish to receive such recommendations via email from us, you can object to the use of your address for this purpose at any time without incurring costs other than the transmission costs according to the basic tariffs. A text message is sufficient for this purpose. Of course, every email always contains an unsubscribe link.

Who receives my data?

If we use a service provider in the sense of processing an order, we remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and to process it only within the scope of providing the service. The processors commissioned by us receive your data if they need the data to perform their respective service. Your data is processed in our customer database. The customer database supports the enhancement of the quality of the existing customer data (duplication checks, moved/deceased indicators, address correction) and allows enrichment with data from public sources. Storing customer data is company-related and separate. In the case of a legal obligation and in the context of legal enforcement, authorities and courts as well as external auditors can be recipients of your data. Moreover, for the purpose of contract initiation and fulfillment, insurance companies, banks, credit agencies, and service providers can be recipients of your data.

External Hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster’s servers. This may primarily include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses, and other data generated via a website. The use of the hoster is for the purpose of contract fulfillment towards our potential and existing customers (Art. 6 (1) lit. b GDPR) and in the interest of a secure, fast, and efficient provision of our online offer by a professional provider (Art. 6 (1) lit. f GDPR). If a corresponding consent has been requested, the processing is carried out exclusively based on Article 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

Hetzner Online GmbH Datacenter-Park 1 08223 Falkenstein/Vogtlan https://www.hetzner.com/

Order Processing We have concluded a contract with Hetzner Online GmbH for order processing (AVV). This is a data protection contract required by law, which ensures that this processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

How long will my data be stored?

We process your data until the termination of the business relationship or until the expiry of the applicable statutory retention periods (such as from the Commercial Code, the Tax Code); moreover, until the termination of any legal disputes in which the data is needed as evidence.

Will personal data be transferred to a third country?

In principle, we do not transfer data to a third country. A transfer takes place in individual cases only on the basis of an adequacy decision of the European Commission, standard contractual clauses, suitable guarantees, or your explicit consent.

Online Presence on INSTAGRAM, Facebook, Pinterest, and X

Our website uses social buttons from social networks. These are only integrated as HTML links into the page, so when you visit our website, no connection is yet established with the servers of the respective provider. If you click on one of the buttons, the website of the respective social network opens in a new window of your browser. There you can, for example, press the Like or Share button.

Insofar as you have given your consent according to Art. 6 (1) S. 1 lit. a GDPR to the respective social media operator, when visiting our online presence on the aforementioned social media, your data will be automatically collected and stored for market research and advertising purposes, from which usage profiles are created using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. Cookies are usually used for this purpose. The detailed information on the processing and use of the data by the respective social media operator, as well as a contact option and your related rights and settings options for protecting your privacy, please refer to the privacy policy links of the providers. If you still need help in this regard, you can contact us.

Security

We have taken technical and administrative security precautions to protect your personal data against loss, destruction, manipulation, and unauthorized access. All our employees and service providers working for us are obliged to comply with the current data protection laws.

Whenever we collect and process personal data, it is encrypted before being transmitted. This means your data cannot be misused by third parties. Our security precautions are subject to a continuous improvement process, and our data protection policies are constantly being revised. Please ensure you have the latest version.

Data Subject Rights

You have the right at any time to information, correction, deletion, or restriction of the processing of your stored data, a right to object to the processing, and a right to data portability and to lodge a complaint in accordance with the requirements of data protection law.

Right to Information: You can request information from us as to whether and to what extent we process your data. Right to Correction: If we process your data that is incomplete or incorrect, you can request its correction or completion from us at any time. Right to Deletion: You can demand that we delete your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate deletion, e.g., in the case of legally regulated retention obligations. Regardless of exercising your right to deletion, we will immediately and completely delete your data unless there is a contractual or legal retention obligation to the contrary. Right to Restriction of Processing: You may request us to restrict the processing of your data if

  • You dispute the accuracy of the data, for a duration that enables us to verify the accuracy of the data.
  • The processing of the data is unlawful, but you reject its deletion and instead request a restriction of its use,
  • We no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
  • You have objected to the processing of the data. Right to Data Portability: You can require us to provide you with your data that you have provided to us in a structured, common, and machine-readable format and that you can transfer this data to another controller without hindrance from us, provided that
  • We process this data based on a revocable consent given by you or to fulfill a contract between us, and
  • This processing is carried out using automated procedures. If technically feasible, you can request a direct transfer of your data to another controller. Right to Object: If we process your data for legitimate interests, you may object to this processing at any time; this would also apply to profiling based on these provisions. We will no longer process your data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms, or the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of your data for direct marketing purposes at any time without stating reasons. Right to Complain: If you believe that we are violating German or European data protection law when processing your data, we ask you to contact us to clarify questions. You also have the right to contact the supervisory authority, the respective state office for data protection supervision, if you have complaints. If you wish to exercise any of the above rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.

Changes to This Privacy Policy

We reserve the right to change our privacy policies if necessary due to new technologies. Please ensure you have the latest version. If fundamental changes are made to this privacy policy, we will announce these on our website.

All interested parties and visitors to our website can reach us in data protection matters at:

Mr. Fabian Fromm Projekt 29 GmbH & Co. KG Ostengasse 14 93047 Regensburg

Phone: 0941 2986930 Fax: 0941 29869316 Email: anfragen@projekt29.de Internet: www.projekt29.de