Terms of service

I. NAME AND ADDRESS OF THE DATA CONTROLLER

The data controller as defined in the General Data Protection Regulation and other national data protection acts of the Member States as well as any other data protection regulations is:

Ralf Bohle GmbH
Otto-Hahn-Str. 1
51580 Reichshof
Germany
Tel.: +49 (22 65) 10 90
E-Mail: info@schwalbe.com
Website: https://www.schwalbe.com

II. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER

The data protection officer of the data controller is:

Christoph Larsen
DS Datenschutz Christoph Larsen
Nordring 35
51647 Gummersbach
Germany

Tel.: +49 (22 61) 56 09 20
E-Mail: datenschutz@schwalbe.com

III. GENERAL INFORMATION ON DATA PROCESSING

1. EXTENT TO WHICH PERSONAL DATA IS PROCESSED

We generally process personal data of our users only in as much as it is necessary to provide a functioning website as well as our contents and services. Processing personal data of our users only occurs regularly upon user consent. An exception applies to such cases in which a prior request for consent is actually not possible and processing of these data is permitted on the grounds of statutory provisions.

2. LEGAL BASIS FOR PERSONAL DATA PROCESSING

Insofar as we obtain consent from the relevant persons to process personal data, Art. 6 para. 1 (a) EU General Data Protection Regulation (GDPR) is the legal basis.

When processing personal data which is essential to fulfil a contract, of which the contract party is the affected person (data subject), Art. 6 para. 1 (b) GDPR is the legal basis. This also applies to processing processes that are essential to carry out pre-contractual measures.

Insofar as processing personal data is essential to fulfil a legal obligation that our enterprise is liable for, Art. 6 para. 1 (c) GDPR is the legal basis.

In the case that vital interests of the data subject or another natural person require processing of personal data, Art. 6 para. 1 (d) GDPR is the legal basis.

If processing is necessary to protect a legitimate interest of our enterprise or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not preponderate the first-mentioned interest, then Art. 6 para. 1 (f) GDPR is the legal basis for processing.

3. DATA ERASURE AND STORAGE PERIOD

Personal data of the data subject are erased or locked as soon as the purpose for storage no longer applies. Storage may continue beyond, if this is provided for by the European or national legislature in EU regulations, laws or other provisions which the data controller is subject to. Data locking or erasure also takes place if a storage period provided for by the aforementioned standards expires, unless further storage of the data is required for contract closure or contract fulfilment.

IV. WEBSITE PROVISION AND GENERATION OF LOGFILES

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Every time our internet page is accessed, our system automatically collects data and information from the computing system of the accessing computer.

The following information is collected:

• The user IP address (deletion of the last three digits)
• Date and time of access
• Websites from which the system of the user reaches our internet page
• Websites that are accessed from the user system via our website
• Pages accessed
• Data volume

2. LEGAL BASIS FOR DATA PROCESSING

Legal basis for temporary storage of data and logfiles is Art. 6 para. 1 (f) GDPR.

3. PURPOSE OF DATA PROCESSING

The temporary storage of the IP-address by the system is necessary in order to make the website accessible on the computer of the user. For this, the user IP-address must be stored for the duration of the visit.

Storage in logfiles takes place in order to ensure proper website functioning. In addition, the data serve the purpose of website optimization and to ensure security of our information technology systems. Data analysis for marketing purposes does not happen in this context.

These purposes are also the basis for our legitimate interest in data processing in accordance with Art. 6 para. 1 (f) GDPR.

4. STORAGE PERIOD

The data is erased as soon as it is no longer required for the achievement of the purpose of its collection. In case of data being collected for website provision, then this will be the case once the website is no longer accessed.

In case of data storage as logfiles, this will be the case on the following day at the latest. Further storage is possible. In this case, user IP-addresses are removed or distorted so that a connection with the accessing client is no longer possible.

5. OBJECTION AND REMOVAL OPTION

Data collection for website provision and storage of data in logfiles is essential for website operation. Consequently, users have no option to object.

V. USE OF COOKIES

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are saved in the internet browser or by the internet browser on the computer system of the user. When a user visits a website, then a cookie can be saved onto the operation system of the user. This cookie contains a series of character symbols which allows clear identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements on our website require that the accessing browser can be identified even after a different page has been visited.

The following information is stored in the cookies and transmitted:

In addition, we use cookies on our website that allow analysis of internet use by the user.

This way, the following information may be transmitted:

User data collected in this way is pseudonymised using technological measures. Therefore, it is no longer possible to identify which site user is associated with the data. The data is not stored together with other personal data of the user.

When accessing our website, the user is informed about the use of cookies for analysis purposes and his or her consent for processing personal data used in this context is collected. In this context, there is also a reference to this data privacy policy.

You can configure your browser so that you will be informed about the placement of cookies and that cookies are only allowed for individual cases, that cookies should be accepted only in certain cases or generally excluded as well as activate the option to automatically remove cookies when the browser is closed. Deactivating cookies may result in limited website functioning.

b) Legal basis for data processing

The legal basis for processing personal data using technologically required cookies is Art. 6 para. 1 (f) GDPR.

The legal basis for processing personal data using cookies for analysis purposes, and with consent given by the user to this effect, is Art. 6 para. 1 (a) GDPR.c) Purpose of data processing

The purpose of using technologically required cookies is to make website use easier for the users. Some functions of our website cannot be offered without the use of cookies. For these, the browser must be recognised also after accessing a different page.

We require cookies for the following applications:

User data collected by technologically required cookies is not used for the generation of user profiles.

The use of analysis cookies is carried out with the purpose of improving the quality of our website and its contents. By means of analysis cookies, we find out how the website is used and, thus, we can continuously optimise our offerings.

These purposes are also the basis for our legitimate interest in processing personal data in accordance with Art. 6 para. 1 (f) GDPR.

d) Storage period, objection and removal option

Cookies are stored on the computer of the user and transmitted from there to our page. Therefore, as the user, you are in full control over the use of cookies. By way of changing the settings of your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also happen automatically. Deactivating cookies for our website may result in limited access to some functions of the website.

Transmitting flash cookies cannot be disabled via browser settings, but by changing the settings of the flash player.

VI. NEWSLETTER

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

2. LEGAL BASIS FOR DATA PROCESSING

3. PURPOSE OF DATA PROCESSING

4. STORAGE PERIOD

5. OBJECTION AND REMOVAL OPTION

1. DESCRIPTION AND SCOPE OF DATA PROCESSING

Our website features a contact form which may be used to contact us electronically. If a user takes advantage of this option, then information is transmitted to us via the input mask and stored. These data are:

Your consent for processing this information will have been collected during the process of sending and you will have received reference to this data privacy policy.

Alternatively, contacting support is possible using the e-mail address provided. In this case, personal data of the user that was transferred in the e-mail is stored.

In this context, no information is passed on to third parties. The information is exclusively used for processing the conversation.

2. LEGAL BASIS FOR DATA PROCESSING

The legal basis for processing the data with consent given by the user to this effect is Art. 6 para. 1 (a) GDPR.

The legal basis for processing the data that is transferred by sending an e-mail is Art. 6 para. 1 (f) GDPR. If the purpose of the e-mail is the closure of a contract, then the additional legal basis for processing is Art. 6 para. 1 (b) GDPR.

3. PURPOSE OF DATA PROCESSING

Processing personal data from the input mask solely serves our purpose to process the inquiry of the contact. In the case of contact made by means of an e-mail inquiry, this is also the required legitimate interest in processing the data.

Other personal data processed during the process of transmission serve the purpose of preventing fraudulent use of the contact form and assure security of our information technology systems.

4. STORAGE PERIOD

The data is erased as soon as it is no longer required for the achievement of the purpose of its collection. For personal data from the input mask of the contact form and those that were transmitted via e-mail, this is the case when the respective conversation with the user is finished. The conversation is finished when the circumstances imply that the issue concerned has been conclusively resolved.

Additional personal data collected during the process of sending is erased at the latest after expiry of a one-day period.

5. OBJECTION AND REMOVAL OPTION

The user has the option at any time to object to the processing of personal data. If the user contacts us by e-mail, the user may object to the storage of his or her personal data at any time. In such case, the conversation cannot be continued.

All personal data which was stored during the inquiry will be erased in this case.

IIX. WEB ANALYSIS BY GOOGLE ANALYTICS

Insofar as you have given your consent, on this website Google Analytics is used, which is a web analysis service of Google LLC. The service provider responsible in the EU is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

Google Analytics uses so-called cookies, text files which are saved onto your computer and which enable the analysis of your website use. The information generated by the cookie about your website use is normally transmitted to a server from Google in the USA and stored at this location. However, in case the IP-anonymisation is activated on this website, your IP-address is, within the Member States of the European Union or in other signatory states of the agreement of the European Economic Area, truncated by Google beforehand. Only in exceptional circumstances will the full IP-address be transmitted to a server from Google in the USA and truncated there. We advise you that on this website, Google Analytics has been expanded by an IP-anonymisation in order to assure anonymous capture of IP-addresses (so-called IP-masking). The IP-address transmitted from your browser in the context of Google Analytics is not merged with other data from Google. For further information about the site policy and data protection please see

1. Processing purposes

On behalf of the operator of this website, Google will use this information to analyse your website use in order to assemble reports on website activities and in order to provide additional services to the operator of the website that are connected to the website use and internet use.

2. Legal basis

The legal basis for the use of Google Analytics is your consent in accordance with Art. 6 para. 1 p.1 (a) GDPR.

3. Recipient / categories of recipients

The recipient of the data collected is Google as the data processor. For this purpose, we have made an order processor contract with Google. Google LLC, based in California, USA, and applicable US-American authorities can access the data stored at Google.

4. Transmission in third countries

5. Period of data storage

The data we send and that is connected with cookies, user identifiers (e.g. user ID) or advertising IDs is erased automatically after 14 months. Erasure of data which has reached the end of the storage period takes place automatically once a month.

6. Data subject rights

You may withdraw your consent at any time effective in the future by preventing cookie storage via an appropriate setting of your browser software; we advise you that, in this case, you will not be able to take advantage of all functions on this website.

Furthermore, you can prevent transmission of data generated by the cookie and related to your website use (incl. your IP-address) to Google as well as the processing of these data by Google by downloading and installing the browser add-on https://tools.google.com/dlpage/gaoptout?hl=de Opt-out-cookies avoid future data collection when you are visiting this website. In order to avoid data capture by Universal Analytics across several devices, you must complete the opt-out process on all systems used.

IX. GOOGLE TAG MANAGER

The Google Tag Manager is used on this website. The Google Tag Manager is a solution from Google Inc. which allows companies to manage website tags via an interface. The Google Tag Manager is a domain without cookies, which does not capture personal data. The Google Tag Manager triggers other tags which may in turn capture data in certain circumstances. Herewith, we specifically point this out to you. The Google Tag Manager does not access these data. As long as a user has effected deactivation on the domain or cookie level, this remains effective for all tracking tags which are implemented by the Google Tag Manager.

X. FACEBOOK

On our website, we link to Facebook via a normal link located behind a graphic. For further information please see the data privacy policy by Facebook at  https://de-de.facebook.com/policy.php.

XI. INSTAGRAM

On our website we link to Instagram via a normal link located behind a graphic. For further information please see the data privacy policy by Instagram at https://help.instagram.com/519522125107875.

XII. YOUTUBE

On our website we link to YouTube via a normal link located behind a graphic. For further information please see the data privacy policy by Google at https://policies.google.com/privacy?hl=de.

XIII. COMMERCE CONNECTOR

We are cooperating with the service provider Commerce Connector (CCI).

Certain Schwalbe products are linked via a CCI widget to the product pages of selected online stores. Through this link, the user leaves the Schwalbe website and accesses the pages of the store owner. In the same way, a local dealer search is integrated through this widget.

For further information about the site policy and data protection please see https://www.commerce-connector.com/web/policy-cco/.

XIV. RIGHTS OF THE DATA SUBJECT

If your personal data is processed, then you are a data subject as defined in the GDPR and you have the following rights against the data controller:

1. RIGHT TO INFORMATION

You may request confirmation from the data controller whether personal data that concern you are processed by us.

In case of such processing, you may request the following information from the data controller:

• to what purposes the personal data is processed;
• the categories of personal data which are processed;
  
• the recipients and/or categories of recipients who personal data concerning you have been disclosed to or are still disclosed to;
  
• the storage period planned for personal data that concerns you or, if concrete information about this is unavailable, the criteria for determining the storage period;
  
• about the existence of a right of rectification or erasure of the personal data that concerns you, a right to restrict processing by the data controller or a right to object against this processing;
  
• about the existence of a right of complaint at a supervisory authority;
  
• all information available on the data source, if personal data was not collected from the data subject;
  
• about the existence of an automated decision finding process including profiling as defined in Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the extent and targeted effects of such processing for the data subject.
  

You have the right to request information on whether personal data that concerns you is transmitted to a third country or an international organization. In this context, you can request to be informed about suitable guarantees as defined in Art. 46 GDPR in the context of the transmission.

2. RIGHT TO RECTIFICATION

You have the right to rectification and/or completion by the data controller, insofar as the personal data processed that concerns you is incorrect or incomplete. The data controller must carry out the rectification immediately.

3. RIGHT TO RESTRICTION OF PROCESSING

Under the following conditions you may request restriction of the processing of personal data that concerns you:

• if you object to the correctness of personal data concerning you for the duration that allows the data controller to check the correctness of the personal data;
• processing is unlawful and you reject the erasure of personal data and instead request restriction of the use of personal data;
  
• the data controller no longer requires personal data for the purposes of processing but requires them for the establishment, exercise or defence of legal claims, or
  
• if you have objected to processing as defined in Art. 21 para. 1 GDPR and the decision is pending on whether legitimate reasons of the data controller outweigh your reasons.
  

If processing of personal data concerning you has been restricted, then these data – apart from their storage – may only be used with your consent or in order to establish, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of substantial public interest of the Union or one of its Member States.

If processing was restricted in accordance with the above requirements, then you will be notified by the data controller prior to ending the restriction.

4. RIGHT TO ERASURE

a) Obligation to erase data

You can require the data controller to immediately erase personal data concerning you and the data controller is obliged to erase these data immediately insofar as one of the following reasons applies:

• Personal data concerning you are no longer required for the purposes for which they were collected or processed in any other way.
• You withdraw your consent, on which processing as defined in Art. 6 para. 1 (a) or Art. 9 par. 2 (a) GDPR was based, and there is no other legal basis for processing.
  
• You file an objection in accordance with Art. 21 para. 1 GDPR against processing and there are no pressing legitimate reasons for processing, or you file an objection in accordance with Art. 21 par. 2 GDPR against the processing.
  
• Personal data concerning you were processed unlawfully.
  
• Erasure of personal data concerning you is required to fulfil a legal obligation in accordance with Union law or national laws of Member States which the data controller is subject to.
  
• The personal data that concerns you was collected in the context of services offered by the information society in accordance with Art. 8 para. 1 GDPR.
  

b) Information to third parties

If the data controller has made personal data that concern you public, and if the data controller is obliged to its erasure in accordance with Art. 17 para. 1 GDPR, then the data controller takes appropriate measures within the given limitations of available technology and implementation costs, including measures of technical nature, in order to inform those responsible for data processing, who are processing the personal data, that you, as data subject, have requested them to remove all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to erasure does not apply insofar as processing is necessary

• to exercise the right to freedom of expression and information;
• to fulfil a legal obligation, which requires processing in accordance with the law of the Union or its Member States, which the data controller is subject to, or to perform a task, which is in the interest of the public or is performed in the exercise of official authority, which has been assigned to the data controller;
  
• for reasons of public interest within the public health sector in accordance with Art. 9 para. 2 (h) and (i) as well as Art. 9 para. 3 GDPR.
  
• for archival purposes subject to public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right mentioned in paragraph a) probably renders the realisation of purposes of this processing impossible or is not seriously affected, or
  
• to establish, exercise or defend legal claims.
  

5. RIGHT TO INFORMATION

If you have asserted the right to rectification, erasure or restriction of processing against the data controller, then the data controller is obliged to inform all recipients who personal data concerning you was disclosed to of this rectification or erasure of the data or of the restriction of processing, unless this proves impossible or is associated with unreasonable costs.

You are entitled to the right to be informed of these recipients by the data controller.

6. RIGHT TO DATA PORTABILITY

You have the right to receive the personal data that concerns you, which you have provided to the data controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit these data to another controller without hindrance from the controller to which the personal data has been provided to, insofar as

• processing is based on consent provided in accordance with Art. 6 para. 1 (a) GDPR or Art. 9 para. 2 (a) GDPR or on a contract in accordance with Art. 6 para. 1 (b) GDPR and
• processing does not take place by means of automated processes.
  

While exercising this right, you have the further right to effect that personal data concerning you is transmitted directly by a data controller to another data controller, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected hereby.

The right to data portability does not apply to the processing of personal data which is necessary to perform a task which is subject to public interest or which is done during exercise of official authority which has been assigned to the data controller.

7. RIGHT TO OBJECT

You have the right, for reasons that result from your particular situation, to object at any time against the processing of personal data concerning you, which takes place based on Art. 6 para. 1 (e) or (f) GDPR; this also applies to profiling which is subject to these regulations.

The controller no longer processes the personal data concerning you, unless he or she can provide compelling reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves the purpose of establishing, exercising or defending legal claims.

If personal data concerning you is processed to pursue direct advertising, you have the right to object at any time against the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling as far as it is associated with such direct advertising.

If you object to the processing for purposes of direct advertising, then the personal data that concerns you is no longer processed for this purpose.

You have the option, in the context of the use of services of the information society – notwithstanding guideline 2002/58/EG – to exercise your right by means of automated processes where technical specifications are used.

8. RIGHT TO WITHDRAW FROM THE DATA PRIVACY DECLARATION OF CONSENT

You have the right to withdraw from your data privacy declaration of consent at any time. A withdrawal from the declaration does not affect the lawfulness of the processing carried out on the grounds of the consent until the withdrawal.

9. AUTOMATED DECISION MAKING IN INDIVIDUAL CASES INCLUDING PROFILING

You have the right not to be subjected to a decision solely based on automated processing – including profiling – which takes legal effect against you or considerably compromises you in a similar way. This does not apply, if the decision

• is necessary for the closure or performance of a contract between you and the data controller,
• is permissible based on statutory provisions of the Union or its Member States which the controller is subject to and these statutory provisions contain adequate measures to protect your rights and freedoms as well as your legitimate interests, or
  
• takes place with your explicit consent.
  

However, these decisions may not be based on particular categories of personal data in accordance with Art. 9 para. 1 GDPR, unless Art. 9 para. 2 (a) or (g) GDPR applies and appropriate measures for the protection of the rights and freedoms as well as your legitimate interests were taken.

In regard to the cases mentioned under (1) and (3), the data controller takes appropriate measures to protect the rights and freedoms as well as your legitimate interests, which include at least the right to effect interference from a person on the part of the data controller to present his or her own position and to appeal against the decision.

10. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

Regardless of another administrative or judicial procedure, you have the right to lodge a complaint with a supervisory authority, especially in the Member State of your habitual residence, your work place or the location of the suspected breach, if you take the view that processing of personal data concerning you breaches the GDPR.

The supervisory authority where the complaint was lodged informs the complainant about the latest status and the results of the complaint including the possibility of a judicial procedure in accordance with Art. 78 GDPR. [NB: In the event of any conflict or contradiction between the German version of this privacy policy and its English translation, the original German version is legally binding.]