- Data protection
1. Information regarding the collection of personal data
In the following, we will provide you with information regarding the collection of personal data when using our website. Personal data are any data that personally relate to you, e.g. name, address, email addresses, user behaviour.
The data controller pursuant to Art. 4 para. 7 of the EU General Data Protection Regulation (GDPR) is Delticom AG, Brühlstr 11, D-30169 Hanover, Germany, telephone: 49(0)511-87989280, email: email@example.com, website: www.tyretest.com (hereinafter “data controller”, see also our imprint). Our data protection officer can be reached at firstname.lastname@example.org or at our postal address with the addition "FAO data protection officer".
The use of our website features is fundamentally possible without the processing of personal data. Please refer to the corresponding remarks below concerning the (personal) data transmitted technically to us by you. If we commission service providers to provide individual features of our offer or if we wish to use your data for commercial purposes, we shall inform you in detail of the respective processes, described below. Finally, we also explain the criteria for establishing storage duration.
2. Purpose and legal basis for data processing
Unless otherwise stated or specified, the purpose of our data processing activities is the pursuit of our own business purposes.
We use various legal bases for data processing.
- If you consent to the processing of your personal data by us for certain purposes, the legal basis is Art. 6 para. 1 lit. a) GDPR hereinafter also referred to as "consent").
- If the processing of personal data is necessary for the initiation or performance of a contract whose (potential) contracting party is the data subject, e.g. if you register with this service (rating platform) and the data processing is necessary for the delivery of the service, Art. 6 para. 1 lit. b) GDPR is the legal basis (hereinafter also referred to as "contract performance").
- If the processing of personal data is required to fulfil a legal obligation, e.g. for the fulfilment of tax filing obligations, Art. 6 para. 1 lit. c) GDPR is the legal basis.
- If the processing of personal data is necessary for the protection of vital interests of the data subject or of another natural person, e.g. if a visitor to one of our warehouses is injured and his/her data has to be forwarded to a doctor and/or hospital, Art. 6 para. 1 lit. d) GDPR is the legal basis.
- The processing of personal data may, according to Art. 6 para. 1 lit. f) GDPR, be permitted under data protection legislation if it is necessary to protect the legitimate interest of our company or a third party, insofar as the interests, fundamental rights and fundamental freedoms of the person concerned do not predominate (hereinafter also referred to as "legitimate interest"). We consider the performance of our business in order to safeguard the jobs of our employees and the wellbeing of shareholders as our fundamental legitimate interest. This is also covered by the legitimate interests of companies expressly described by the European legislator. Therefore, a legitimate interest can be assumed if the data subject and the company are in a customer relationship (Recital 47 sentence 2 GDPR) or personal data are processed for direct marketing purposes.
- In the case of registered users who have provided us with their email address when registering, if we have sent them email advertising for other, similar products of ours without consent, we may invoke Art. 7 para. 3 UWG insofar as we have made them aware upon the collection of their data that their data may be used in this way and that they may revoke their consent to their data being used in this way at any time without incurring costs other than the transmission costs in accordance with basic tariffs.
3. Your rights
You have the following rights in your relationship with us with respect to your personal data:
- Right to information,
- Right to rectification or erasure,
- Right to restriction of the processing of your data,
- Right to object to the processing of your data,
- Right to data portability.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data. Your rights are regulated in Chapter 3 GDPR. The competent data protection authority is the Land Commissioner for Data Protection Niedersachsen, Prinzenstr. 5, 30159 Hanover, https://www.lfd.niedersachsen.de.
4. Opposition to or revocation of the processing of your data
If you have given your consent to the processing of your data, you can revoke this at any time. Once you have notified us of a revocation of this type, it affects the permissibility of processing your personal data.
Insofar as we base the processing of your personal data on the balance of interests, you may object to the processing. This is the case if, in particular, the processing is not required to fulfil a contract with you, which is displayed by us in the following description of functions. In the event of such an objection, we shall ask you to explain the reasons why we should not process your personal data as we have done. In the case of your justified objection, we shall examine the situation and will either discontinue or adapt the data processing or inform you of our compelling legitimate reasons for continuing the processing.
Of course, you may object to the processing of your personal data for the purpose of advertising and data analysis at any time. You can inform us of your objection by using the contact details shown in section 1.
5. Recipients and categories of recipients of your personal data
Information about our customers is important to us and helps us optimise the services we offer. We only pass on the information we receive to third parties to the extent described below:
Associated companies: Delticom forwards personal data (and user data) to associated companies and their subsidiaries for the purposes of order processing.
Service providers outside the EU/EEA: We cannot rule out that our subcontractors use other service providers in third countries. Pursuant to Art. 28 para. 4 GDPR we oblige all service providers to adhere to adequate and appropriate guarantees in accordance with Art. 44 ff. GDPR (transfer to third countries).
From time to time, you will have the opportunity to take part in surveys and give us permission to pass on your data to third parties for marketing activities. We only pass on your data to specially selected partners or send offers to you on behalf of other companies if you actively confirm this option. If you do so, this company shall not receive your name or address or other personal data which could identify you. There is no connection between the survey and the passing on of your data to third parties for marketing purposes. This means that you can also complete the marketing survey without giving us permission to pass on your data to third parties and vice versa, if you wish. The legal basis is Art. 6 para.1 lit. a) GDPR ("Consent").
Voluntary data forwarding: After successfully uploading a review, you have the option of taking part in a marketing survey voluntarily, so we can continue to improve our services for you.
Example: Newsletter dispatch for partner companies. The legal basis is Art. 6 para.1 lit. a) GDPR ("Consent").
6. Criteria for the storage of personal data
We process and store personal data in accordance with the legal basis stated in this declaration. If the data is no longer routinely required to initiate or fulfil a contract, it shall be deleted in accordance with the respective statutory retention period. For example, there are tax and/or commercial legal retention obligations of 6 and/or 10 years pursuant to Art. 257 of the German Commercial Code (Handelsgesetzbuch, HGB and Art. 147 of the German Regulation of Taxation (Abgabenordnung, AO).
Personal data that is collected and displayed as part of a test report will be stored until you delete it, object to its usage, or we discontinue the service. If test reports are the subject of a legal dispute (e.g. a complaint, violation of competition or industrial property rights, criminal relevance), the entries and your other data will be stored for the duration of the legal dispute and for a further three years from the beginning of the following year in accordance with statutory limitation periods. The legal basis for this Art. 6 para. 1 lit. f) GDPR (“legitimate interest”).
If we answer any other questions without an ongoing contractual relationship, we will store this communication for three years in accordance with statutory limitation periods, unless the above-mentioned commercial and tax retention periods must be observed. This three-year storage takes place in our legitimate interests in order to enable legal defence against any asserted claims based on our information. The legal basis for this Art. 6 para. 1 lit. f) GDPR (“legitimate interest”).
We offer you the opportunity to subscribe to our newsletter free of charge, for example on https://www.tyretest.com/web/pages/newsletter. We only send newsletters if you have given us your consent or there is a legal basis for this.
In order to prevent someone from entering unauthorised third-party email addresses for our newsletter mailing list, we use the so-called double opt-in procedure. This means that after registration, you will receive a confirmation email. The registration process is logged in order to fulfil our legal proof requirements.
If you do not wish to receive newsletters, you can contact us at any time via https://www.tyretest.com/web/pages/newsletter by e.g. using the contact form to send us an email, or by sending an email to email@example.com. In the future, you will also be able to change your settings simply via the “My account” tab in your account.
In the event of your consent, the legal basis for this Art. 6 para. 1 sent. 1 lit. f) GDPR. If there is no consent, the legal basis is Art. 7 para. 3 of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG).
II. Data processing for individual types of use
1. Collection of personal data when visiting our website
In the merely informative use of our website, meaning that you do not register or otherwise provide us with data, we shall only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following information that is technically necessary for us to display our website and to ensure stability and security:
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT);
- Content of the request (specific page)
- Access status/HTTP status code
- Quantity of data transferred in each case.
- Website from which the request came
- Operating system and its interface
- Language and version of the browser software.
In addition to the aforementioned data, cookies are stored on your computer when using our website. Cookies are small text files that are stored on the hard drive where the browser is used, and the cookie that is set (by us) is used to allow specific data to be collected. Cookies cannot execute any programmes or transmit viruses to your computer. They are used to make the internet offer more user-friendly and effective. The legal basis for this Art. 6 para. 1 sent. 1 lit. f) GDPR (“legitimate interest”).
When you contact us by email or via a contact form, the information you provide (your email address, your name and telephone number if applicable) shall be stored by us in order to answer your questions. We shall delete your personal data once storage is no longer required, or restrict processing if there are statutory retention obligations.
Should you be a customer with us and have for example questions or complaints about our service (rating platform), the legal basis of the data processing is Art. 6 para. 1 sent. 1 lit. b) GDPR ("Contract performance"). If you are not a customer of ours, the legal basis is Art. 6 para. 1 sent. 1 lit. f) GDPR ("legitimate interest").
3. More features and offers of our website
We sometimes use external service providers to process your data. These have been carefully selected and commissioned by us and are bound by our instructions.
Furthermore, we may disclose your personal data to third parties if we offer special deals, competitions, or conclude contracts or similar services in collaboration with partner firms. You will received further information when you provide your personal data or in the description of the offer.
If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
This website uses the following types of cookies, whose scope and functionality are explained below:
Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. These save a so-called session ID, which enables various requests from your browser to be assigned to a single session. This helps with the recognition of your computer if you return to our website. Session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. You can delete stored cookies using your browser’s system settings at any time.
You can configure your browser settings according to your wishes and e.g. reject the acceptance of third party cookies or all cookies. We inform you that you may not be able to use all features of this site.
The Flash cookies used are not detected by your browser but by your Flash plug-in. Furthermore, we use HTML5 storage objects, which are stored on your device. These objects store the required data regardless of your browser and do not have an automatic expiry date. If you wish to prevent the processing of Flash cookies, you will need to install a corresponding add-on, e.g. for Mozilla Firefox go to https://addons.mozilla.org/de/firefox/ or for Google Chrome go to https://chrome.google.com/webstore/category/extensions. You can prevent the use of HTML5 storage objects by using the private mode in your browser. In addition, we recommend that you regularly delete your cookies and the browser history manually.
5. Use of Reifentest user accounts (administration of your test reports)
You can voluntarily create a user account. In addition to further features, this enables you to edit your test reports, add your contact details to test reports, or delete test reports independently. You can also save your interactions with Delticom.
If you wish to register for a user account, we will collect a username, your email address, your surname, a password chosen by you which meets our security criteria, your postcode and your country of residence. The default setting for the log-on screen is that no further personal data is published when a test report is published.
The details of the last time you logged in, including the date, day and time, will be displayed and stored until you delete them, object to the data usage or we discontinue the service.
When you create an account under "My Account", the data you provide will be revocably stored. All other data, including your user account, can always be deleted in the customer area. The legal basis for this usage is Art. 6 para. 1 sent. 1 lit. f) GDPR (“legitimate interest”).
We may also process the information you provide to inform you of other interesting products from our range or to send you emails with technical information.
III. Cookies/web analysis/user-based online advertising
1. Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files that are stored on your computer that facilitate an analysis of how you use the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. If IP anonymisation is enabled on this website, Google will first abbreviate your IP address if you are located within the member states of the European Union or other parties to the agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and abbreviated there. On behalf of the operator of this website, Google uses this information to evaluate your use of the website, compile reports regarding website activity and to provide other services to the website operator related to website usage and internet usage.
The IP address transmitted by your browser as part of Google Analytics is not merged with any other data held by Google.
You can prevent cookies from being stored by selecting the appropriate settings in your browser; however, we wish to point out that by doing so, you may not be able to use all the functions of this website to their full extent. In addition, you can prevent Google from collecting the data on your use of the website (including your IP address) generated by the cookie, and also prevent the processing of this data by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
This website uses Google Analytics with the “_anonymizeIp()” extension. Through the use of this tool, IP addresses are processed in shortened form, thus making it impossible to associate them with a specific person. If the data collected about you is personal, it will be blocked instantly and the personal data will be deleted immediately.
We use Google Analytics in order to analyse the use of our website and enable regular improvements. The statistics obtained in this way enable us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal information is transferred to the US, Google has submitted itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sent.1 lit. f) GDPR.
This site also uses Google Analytics for cross device analysis of visitor traffic which is conducted through a user ID. You can disable the cross device analysis under "My data", "Personal data" in your customer account
This site also uses Google Analytics for cross device analysis of visitor traffic which is conducted through a user ID. You can disable the cross device analysis of your usage under “My data”, “Personal data” in your customer account.
2. Google Tag Manager
We use GTM from Google Inc. (“Google”). This allows website tags to be managed from a single interface. GTM implements tags to do this. Cookies are not used and personal data is not collected, but GTM triggers additional tags which in turn may collect data. GTM does not access this data. If disabled on the domain or cookie level, it will remain in effect for all tracking tags implemented with GTM. The legal basis is Art. 6 para. 1 lit. f) GDPR (legitimate interest), to enable us to display our service in the most user-friendly way possible.
Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
Google has submitted itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sent. 1 lit. f) GDPR.
Data protection overview: https://www.google.de/intl/de/policies/privacy.
3. Adobe Analytics (Omniture)
This website uses the Adobe Analytics (Omniture) web analytics service to analyse and regularly improve the use of our website. The statistics obtained in this way enable us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal data is transferred to the US, Adobe has submitted itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Adobe Analytics is Art. 6 para. 1 sent. 1 lit. f) GDPR. It is in our legitimate interests to improve our service through user analysis.
For this evaluation, cookies (more details of which can be found in section 4) are stored on your computer. The information collected in this way is stored on servers, also in the USA. If you prevent the storage of cookies, we inform you that you may not be able to use this website to the full extent. The prevention of the storage of cookies is possible via the settings of your browser or by clicking the "Opt out" button at http://www.adobe.com/de/privacy/opt-out.html.
This website uses Adobe Analytics (Omniture) with the settings "Before Geo-Lookup: Replace visitor's last IP octet with 0 "and" Obfuscate IP-Removed", which replaces your IP address with the last octet and replaces it with a generic IP address, which is no longer assignable. A direct personal reference is thereby excluded.
We use the “Optimizely” web analytics service, Optimizely, Inc., 631 Howard St., Suite 100, San Francisco, CA, 94105, USA, to enhance and develop our web sites. For this we test individual pages - for example, to find the optimum placement of content and collect statistical data. No personal information is gathered for this. The information about your usage behaviour of this website is transmitted to Optimizely in the USA and stored there on their servers. The legal basis for the use of plug-ins is Art. 6 para. 1 sent. 1 lit. f) GDPR (“legitimate interest”). It is in our legitimate interests to improve our service through user analysis.