Privacy Statement

We, TORQEEDO GMBH, take the protection of your personal data very serious and adhere strictly to data protection regulations. Personal data shall be collected on this website only to the extent technically necessary. In principle, however, it is also possible to use the TORQEEDO GMBH website without any personal data being provided. In no case will the data collected be sold or otherwise disclosed to third parties.

From the following statement you will get an overview of how we ensure such protection and what type of data is collected for which purposes. You will also be informed about your rights.

1. Definitions

In this privacy statement of TORQEEDO GMBH, the definition of the terms as used by the European legislator (stipulating directives and rules) when enacting the General Data Protection Regulation (GDPR) will apply. Our privacy statement is to be both easy to read and understandable for the public, for our customers and for our business partners alike. To ensure this, we would like to first explain the terminology used:

  • a) Personal data
  • Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one 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.
  • b) Data subject
  • Data subject means any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
  • c) Processing
  • Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • d)Restriction of processing
  • Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
  • e) Controller or data controller
  • Controller or data controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
  • f) Processor
  • Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
  • g) Recipient
  • Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  • h) Third party
  • Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  • i) Pseudonymisation
  • Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific user without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
  • j) Profiling
  • Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  • k) Consent
  • Consent of the user means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of data controller

The following acts as the controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection:

TORQEEDO GMBH
Friedrichshafener Str. 4a
82205 Gilching
Germany
Fon: +49. 8153 9215 100
Fax +49 (0) 8153 9215 319
E-Mail: info@torqeedo.com
Website: www.torqeedo.com

3. Cookies

The TORQEEDO GMBH website uses text files (referred to as cookies) which are placed and stored on a computer system via an internet browser.

Cookies are used by numerous websites and servers with many cookies comprising what is referred to as a cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which website pages and servers may be assigned to the specific Internet browser in which the cookie was stored. This allows website pages and servers visited to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser may be recognised and identified using the unique cookie ID.

Through the use of cookies, TORQEEDO GMBH may provide the users of this website with more user-friendly services that could not be offered without placing cookies. The user of a website that uses cookies, for instance, will not have to enter access data each time the website is accessed because the website does it for him/her, and the cookie is thus stored on the user’s computer system. Another example would be the cookie placed for a shopping cart in an online shop. The items that a customer has placed in the virtual shopping cart in an online shop will be remembered by placement of a cookie.

Legal grounds of data collection:

Art. 6 (1) a) GDPR (consent given by cookie consent banner) alternatively Art. 6 (1) f) GDPR (legitimate interest of controller)

Right to remove privilege:

The data subject may, at any time, prevent the placement of cookies through our website by changing the setting of the Internet browser used accordingly, and the placement of cookies may thus be denied permanently. Furthermore, cookies already set may be deleted at any time via an Internet browser or other software programmes. All commonly used Internet browsers allow this. Where the data subject has disabled the placement of cookies by changing the settings in the Internet browser used accordingly, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of TORQUEEDO GMBH collects a series of general data and information when a data subject or automated system visit the website. This general data and information is stored in the server log files. The following information may be collected

  • browser types and versions used;
  • the operating system used by the accessing system;
  • the website from which an accessing system reaches our website (what is referred to as “referrer”),
  • the sub-sites which are targeted on our website via an accessing system;
  • the date and time of access to the website;
  • an Internet protocol address (IP address);
  • the Internet service provider of the accessing system; and
  • any other similar data and information that may be used in the event of attacks on our information technology system.

When using this general data and information, TORQUEEDO GMBH shall not draw any conclusions about the data subject. Rather, this information is needed to

  • deliver the content of our website correctly;
  • to optimise the content of our website as well as marketing;
  • to ensure the long-term functionality of our information technology systems and website technology; and
  • to provide law enforcement authorities with any information that may be required for criminal prosecution in case of a cyber attack.

TORQEEDO GMBH will therefore, on the one hand, analyse this data and information collected statistically and also with the aim of increasing data protection and data security in our company, to ultimately ensure an optimal level of protection of the personal data we process. Anonymous data from the server log files shall be stored separately from any personal data provided by a data subject.

Legal grounds of data collection:

Art. 6 (1) f) (legitimate interest of controller)

Right to remove privilege:

As this data is required for compelling reasons for making the website available, it is not possible for the data subject to remove this privilege.

5. Registration on our website

It is possible to register, stating personal data, on the website of the data controller. Which personal data is transmitted to the data controller is determined by the respective input mask used for registration purposes. Personal data entered is collected and stored exclusively for internal use by the data controller, and for own purposes . The data controller may arrange for transmission of data to one or more processors (e.g. parcel service) that will also exclusively use personal data for internal purposes attributable to the data controller.

When registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) to the data subject, the date and the time of registration will also be stored. Such data is stored against the background of this being the only way to prevent inappropriate use of our services, and, if necessary, to make it possible to investigate any offences that may have been committed. This means it is necessary for the data controller to store this data in order to protect the business against risks. This data shall not be disclosed to third parties unless a statutory obligation to disclose data exists or unless data needs to be transferred for criminal prosecution purposes.

Legal grounds of data collection:

Art. 6 (1) f) (legitimate interest of controller)

Right to remove privilege:

As this data is required for compelling reasons for making the website available, it is not possible for the data subject to remove this privilege.

The purpose of registration of the data subject stating personal data voluntarily is for the controller to offer the data subject content or services that due to the nature inherent in the matter may only be offered to registered users. Registered persons may, at their discretion, modify the data indicated upon registration at any time or have it deleted completely from the data inventory of the controller.

Legal grounds of data collection:

Art. 6 (1) a (consent given by data subject)

Right to remove privilege:

Data subjects may withdraw their user registration and have their user registration deleted by sending an e-mail message subject to no specific formal requirements to info@torqeedo.com.

TORQEEDO GMBH shall upon request provide any data subject with information as to which personal data is stored about the specific data subject. In addition, the data controller shall correct or erase personal data at the data subject’s request or indication unless required otherwise with a view to statutory retention periods. In this context, all of the employees of the controller will be available for providing information to the data subject as point of contact.

6. Utilisation of apps

In line with the applicable terms and conditions of the third party (with the third party being the party with which you contract in connection with acquisition of the app) from which you download apps developed by TORQEEDO (such as iTunes, Google Play, etc.), we will be processing data provided to us by the third party in order to perform our obligations (e.g. your device ID) so as to allow you to download the app to your mobile terminal device.

In particular, please take note of the separate privacy statements that apply with respect to the app developed by TORQEEDO and the applicable privacy statements of the third-party providers.

7. Subscription to our press releases / investor relations news

On the website of TORQEEDO GMBH, users are given the opportunity to subscribe to press releases about our company / our investor relations news. Which personal data is transmitted to the data controller depends on the respective input mask used.

As a general rule, press releases of our company and the investor relations news may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject has registered for the respective method of transmission. For legal reasons, a confirmation e-mail by double opt-in will be sent to the e-mail address registered by a data subject before a newsletter will be sent to the data subject for the first time. The purpose of this confirmation e-mail is to check whether the owner of the e-mail address as the data subject has authorised receipt of the information.

During registration for the service, we will also store the IP address of the computer system used by the data subject at the time of registration and assigned by the Internet Service Provider (ISP) as well as the date and time of registration. It is necessary to collect this data to make (potential) inappropriate use of the e-mail address of a data subject transparent at a later date, and therefore it serves the aim of protecting the controller against risks in terms of legal requirements.

Personal data collected as part of registration will exclusively be used for sending press releases / investor relations news. In addition, subscribers to the press releases/ investor relations news may be informed by e-mail, as long as this is necessary for the operation of the service or registration in question, as this could be the case in the event of modifications to the service, or in the event of a change in technical conditions. Personal data collected will not be transmitted to third parties. It is possible for a data subject to cancel subscription to our press releases / investor relations news at any time. Consent to storage of personal data provided to us by the data subject may be withdrawn at any time. You will find a link in every press release / all investor relations news with which you can withdraw your consent. It is also possible to unsubscribe from the press release / investor relations news at any time directly on the controller’s website or to communicate this wish to the data controller in a different way.

8. Press release/ investor relations news tracking

The press release/ investor relations news of TORQEEDO GMBH contain what is referred to as tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails which are sent in HTML format to enable log file recording and analysis. This allows for statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, TORQEEDO GMBH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were clicked on by the data subject.

Such personal data collected in the tracking pixels contained in the press releases / investor relations news is stored and analysed by the data controller in order to optimise sending of the press release, as well as to adapt the content of future press releases / investor relations news even better to what the data subject is interested in. Such personal data will not be disclosed to third parties. Data subjects at all times have the right to withdraw the separate consent given by way of double-opt-in. After withdrawal of consent, this personal data will be deleted by the data controller. Unsubscription from press releases/ investor relations news shall automatically be interpreted by TORQEEDO GMBH as cancellation of consent.

9. Contact option via website

Based on statutory requirements, the website of TORQEEDO GMBH contains information that make it possible to get in contact with our company fast by electronic means and to communicate directly with us. Where a data subject contacts the data controller by e-mail or by using the contact form, the personal data transmitted by the data subject shall be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to a data controller shall be stored for the purpose of handling the inquiry or for contacting the data subject. Such personal data will not be transmitted to third parties.

Legal grounds of data collection:

For the purpose of establishment of contact, data will be processed in line with Art. 6 (1) a) GDPR based on the consent given by you.

10. Routine erasure and blocking of personal data

The data controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this privilege is granted by the European body issuing directives and regulations or any other legislators by virtue of laws or regulations to which the data controller is subject.

Where the purpose of storage no longer applies or where a storage period prescribed by the European body issuing directives and regulations or any other legislator competent has expired, personal data shall routinely be blocked or erased in accordance with legal requirements.

11. Data protection for job applications and in the job application procedure

The data controller shall collect and process personal data of job applicants for the purpose of handling the job application procedure. Data may also be processed by electronic means. This would be the case, without limitation, where a job applicant submits the respective job application documents by e-mail or by means of a web form on the website to the data controller. Where the data controller concludes an employment contract with a job applicant, the data submitted will be stored for the purpose of managing the employment in compliance with statutory requirements. Where no employment contract is concluded with the applicant by the data controller, the application documents shall automatically be erased three (3) months upon notification of the decision to reject the applicant unless separate consent was given on the part of the applicant for longer-term storage of data, or provided that no legitimate interests of the data controller in non-erasure apply.

Legal grounds of data collection:

Art. 88 GDPR in conjunction with section 26 New German Data Protection and Privacy Act (Bundesdatenschutzgesetz neu, BDSG-neu).

12. Rights of data subject

  • a)Right of confirmation
  • Each data subject shall, at any time, have the right to request from the controller a confirmation as to weather or not personal data concerning the data subject is being processed. Where a data subject wishes to avail himself/herself of this right of confirmation, he or she may, at any time, contact any employee of the data controller.
  • b)Right of access
  • Each data subject shall have, at any time, the right to be given access free of charge by the data controller to personal data stored on the data subject and to obtain a copy of this information. Furthermore, the European body issuing directives and regulations has granted the data subject the right to be given access to the following information:
  • purposes of processing;
  • categories of personal data that is being processed;
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed, including but not limited to, recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data is to be stored, or, where not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller correction or erasure of personal data, or restriction of processing of personal data concerning the data subject, or the right to prevent such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data has not been collected from the data subject: any information available as to source of data;
  • the existence of automated decision taking processes, including profiling, referred to in Article 22(1) and (4) GDPR; and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to be given access to information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of appropriate safeguards taken in relation to the transfer.

Where a data subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any employee of the data controller.

  • c) Right of correction
  • Each data subject affected by processing of personal data shall have the right to request correction of inaccurate personal data relating to the data subject without undue delay. The data subject shall further have the right, taking into account the purposes of processing, to have any incomplete personal data completed, without limitation by provision of a supplementary statement. Where a data subject wishes to avail himself or herself of this right of correction, he or she may, at any time, contact any employee of the data controller.
  • d) Right of restriction of processing
  • Each data subject shall have the right to obtain from the controller restriction of processing where one of the following conditions is satisfied:
  • The data subject has contested the accuracy of personal data; in this case processing shall be restricted for a period enabling the controller to verify the accuracy of the personal data.
  • It is unlawful to process such data and the data subject has objected to erasure of the personal data and instead requests restriction of use of such data.
  • The controller no longer needs the personal data for processing purposes but such data is needed by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing in line with Article 21(1) GDPR pending the verification of whether the legitimate grounds or interests of the controller override those existing on the part of the data subject.

Where one of the aforementioned conditions is met, and a data subject wishes to request the restriction of processing of personal data stored by TORQEEDO GMBH, he or she may at any time contact any employee of the data controller. This employee of TORQEEDO GMBH will arrange for the restriction of processing.

  • e) Right to prevent processing

Each data subject affected by processing of personal data shall have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, based on Article 6(1) (e) or (f) GDPR. This shall also apply with respect to profiling based on these provisions.

In the event of an objection, TORQEEDO GMBH shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

Where TORQEEDO GMBH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing purposes. This shall also apply with respect to profiling to the extent that it is related to such direct marketing. Where the data subject has objected to TORQEEDO GMBH processing data for the purposes of direct marketing, TORQEEDO GMBH shall refrain from processing such personal data for such purposes in the future.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by TORQEEDO GMBH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless processing is necessary for the performance of a task carried out for reasons of public interest.

The data subject may contact any TORQEEDO GMBH employee directly or any other employee to exercise the right to prevent processing. In addition, the data subject shall be free in the context of use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

  • f) Right to erasure (right to be forgotten)

    Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as processing is not necessary:

    • The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
    • The data subject has withdrawn consent on which the processing is based according to Article 6(1) (a) GDPR or Article 9(2) (a) GDPR, and where there is no other legal ground for processing.
    • The data subject has objected to processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for processing, or the data subject has objected to processing pursuant to Article 21(2) GDPR.
    • The personal data has been processed unlawfully.
    • Personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • Personal data has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

      Where one of the aforementioned reasons apply, and a data subject wishes to request the erasure of personal data stored by TORQEEDO GMBH, he or she may at any time contact any employee of the data controller. The employee of TORQEEDO GMBH shall ensure that the erasure request is complied with without undue delay.

      Where the controller has made personal data public and the company as controller is obliged pursuant to Article 17(1) to erase the personal data, it shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, such personal data, as far as processing is not required. Such employee of TORQEEDO GMBH will arrange for the restriction of processing in a given case.

      • g) Right to data portability

      Each data subject shall have the right to receive the personal data concerning him or her, which the data subject has provided to a controller, in a structured, commonly used and machine-readable format. He or she shall also have the right to have this data transmitted from one controller to another without hindrance from the controller to which the personal data has been provided for as long as processing is based on consent given in line with Article 6(1) (a) GDPR or Article 9(2) (a) GDPR, or based on a contract pursuant to Article 6(1) (b) GDPR, and data is processed by automated means, for as long as processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

      Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

      The data subject may at any time contact any TORQEEDO GMBH employee to assert the right to data portability.

      • h) Decisions being taken by automated means in a given case including profiling

      Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

      Where a decision (1) is necessary for concluding, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, TORQEEDO GMBH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, as a minimum including the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

      Where a data subject wishes to avail himself or herself of this rights in relation to decisions being taken by automated means, he or she may, at any time, contact any employee of the data controller.

      • i) Right to withdraw privacy-related consent

      Each data subject affected by processing of personal data shall at any time have the right to withdraw from the controller the consent to processing of personal data relating to the data subject.

      Where a data subject wishes to avail himself or herself of this rights in relation to withdrawal of consent, he or she may, at any time, contact any employee of the controller.

      13. Plug-ins and tools

      Google, Inc (“Google”) web fonts.

      At the TORQEEDO GMBH website we use what is referred to as web fonts provided by Google Inc. for uniform presentation of fonts. When a page is loaded, the browser will load the web font required into the browser cache to display texts and fonts correctly.

      The browser used must connect to the servers of Google for this purpose. As a result, Google will gain knowledge of access to our website via the visitor’s IP address. Use of web fonts serves the purpose of ensuring that our online offering is displayed in a consistent and attractive way. This purpose constitutes a legitimate interest within the meaning of Art. 6 (1) (f) GDPR.

      Where the visitor’s browser does not support web fonts, a default font will be used by the computer concerned.

      For more information about such web fonts: www.google.com/fonts#AboutPlace:about www.google.com/policies/privacy/

      14. Privacy policy on the application and use of Google Analytics (with anonymisation function)

      The controller has added the Google Analytics component (with the anonymiser function) to this website. Google Analytics is a web analytics service. Web analytics is the process of collection, gathering and analysis of data relating to the behaviour of website visitors. A web analysis service collects, inter alia, data about the website from which a person was referred (referred to as “referrer”), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics is mainly used for the purpose of optimising a website and to carry out a cost-benefit analysis of Internet marketing.

      Google, Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States of America is the operator of the Google Analytics component.

      The controller uses the “_gat._anonymizeIP” feature for web analytics through Google Analytics. With this feature, the last octet of the IP address of the Internet connection used by the data subject is set to zeros and anonymised by Google when a data subject accesses our website from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

      The purpose of adding the Google Analytics component to our website is to analyse the traffic on our website. Google uses the data and information collected, inter alia, to analyse use of our website and to provide online reports, which show the activities on our website, and to provide other services concerning the use of our website for us.

      Google Analytics places a cookie on the information technology system of the data subject. For definition of the term “cookies” see above. By placing a cookie, Google is placed in a position to analyse use of our website. Each time one of the individual pages part of this website operated by the controller to which the Google Analytics component was added is loaded, the Internet browser used on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online analysis. In the context of this technical process, Google will gain knowledge of personal data such as the IP address of Internet access used by the data subject, and Google will use this information, inter alia, for understanding where visitors have been referred from and have clicked the website and consequently allow for commission payment accounting.

      A cookie is used to store personal data, such as time of access, location from which the website was accessed, and the frequency of visits of our website by the data subject. Every time you visit our website, this personal data including the IP address of the Internet connection used by the data subject, will be transmitted to Google in the United States of America. This personal data will be stored by Google in the United States of America. It is possible that Google may disclose this personal data collected through the technical process to third parties.

      You can prevent cookies from being stored by changing your browser software settings accordingly; we would, however, like to point out to you that in this case it may not be possible for you to use the full scope of the functionalities of this website.

      Furthermore, it is possible for you to prevent the collection and transmission of the data generated through the cookie and relating to the use of the website made by you (incl. your IP address) as well as processing of this data by Google by downloading a browser plug-in for disabling Google Analytics from: tools.google.com and installing such plug-in.

      To prevent collection of data by Google Analytics, click on the following link. An opt-out cookie will be placed which prevents future collection of data when you visit this website:

      Disable Google Analytics.

      For more information on terms of use and data protection see www.google.com or https://policies.google.com/?hl=en .

      15. Privacy policy for YouTube application and use

      The data controller has added YouTube component to this website.

      YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States of America.

      Each time an individual page part of this website operated by the data controller and to which a YouTube component (YouTube video) was added is loaded, the Internet browser on the information technology system used by the data subject will automatically be prompted by the YouTube component to download a representation of the corresponding YouTube component. For more information on YouTube see https://www.youtube.com/yt/about/. In the course of this technical procedure, YouTube and Google will gain knowledge of which specific sub-page of our website has been visited by the data subject.

      Where the data subject is logged in on YouTube at the same time, YouTube will recognise each time a sub-page that contains a YouTube video is loaded which specific sub-page of our website the data subject visited. This information will be collected by YouTube and Google and attributed to the respective YouTube account of the data subject.

      Through the YouTube component, YouTube and Google will receive information that the data subject has visited our website when the data subject was logged in on his or her YouTube account at the time when he or she loaded our website; such transfer of information will happen regardless of whether the data subject has clicked on a YouTube video or not. Where the data subject does not wish such information to be transmitted to YouTube and Google, such transfer of information may be prevented by the user logging off from his or her own YouTube account before loading our website.

      YouTube’s privacy policy which will provide you with information about collection, processing and use of personal data by YouTube and Google, may be downloaded from https://policies.google.com/privacy?hl=en&gl=de.

      16. Privacy policy for use of social media buttons

      On our website, we use the following social media buttons:

      Twitter, Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA

      facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA

      YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

      Google+, Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States of America.

      These social media buttons only provide links to the respective providers. For as long as you do not click on any of these buttons, no data will be transmitted to any of these providers.

      Where you click on these buttons, you will be forwarded to the website operated by the respective provider. Depending on whether you were logged in on an account with the respective provider at the time of clicking the button concerned, your data will be processed based on the privacy policy of these providers and, if applicable, be used for profiling purposes; this is beyond our responsibility.

      For more detailed information on privacy policy of the individual providers click the following links:

      • Twitter: http://twitter.com/privacy
      • Facebook: http://www.facebook.com/about/privacy
      • YouTube: http://www.youtube.com/t/privacy_at_YouTube
      • Google: https://policies.google.com/privacy?hl=en

      Where it does not find your approval that these companies collect data about you, please do not click any of these buttons.

      17. Privacy policy on use of ZenDesk HelpDesk System

      Customer inquiries are processed by us using the Zendesk ticket system, a customer inquiry platform of Zendesk Inc., 989 Market Street #300, San Francisco, CA 94102. Data required such as first name, last name, post address, telephone number, e-mail address will be collected via our website to this end. Zendesk has been certified to be part of what is referred to as “Privacy Shield Framework” and is thus deemed to satisfy the minimum requirements for contract data processing in conformity with the law.

      For more detailed information on data processing by Zendesk see privacy policy of Zendesk at http://www.zendesk.com/company/privacy. In the event that any questions or queries were to arise on the part of data subjects, the data protection officer of Zendesk may be contacted: privacy@zendesk.com

      Data entered into the contact form shall be processed on the basis of your consent (Art. 6 (1) a) GDPR).

      We have concluded a contract data processing contract with Zendesk and fully comply with the requirements of German data protection authorities when using Zendesk.

      18. Privacy policy for use of server log files

      The website provider collects data about access to the site and saves it as “server log files”. The following data is thus logged:

      • IP address/ remote host name
      • remote log name
      • time
      • request (first line)
      • status code
      • response size
      • user agent

      Data is collected for statistic analysis purposes and to improve the website only. However, the website operator reserve the right to retrospectively review the server log files where specific indicators exist that point to unlawful use having been made.

      Legal grounds of data collection:

      It is necessary to process such data for the controller to safeguard the controller’s legitimate interests (Art. 6 (1) f) GDPR)

      Right to remove privilege:

      As this data is necessary for compelling reasons for making the website available, it is not possible for the data subject to remove this privilege.

      19. Legal grounds for processing

      Art. 6(1) (a) GDPR serves as legal grounds for processing operations for the purpose of which we obtain consent from the data subject for implementing a specific purpose of processing. Where processing of personal data is necessary for performing a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the delivery of goods or to render any other service, processing shall be based on Article 6(1) b) GDPR. The same applies to such processing operations which are necessary for implementing pre-contractual measures, for example in the case of inquiries concerning our products or services. Where our company is subject to a legal obligation by which processing of personal data is required, such as for the compliance with tax obligations, processing shall be based on Art. 6(1) c) GDPR. In rare cases, processing of personal data may be necessary in order to protect the vital interests of the data subject or of other natural persons. This would be the case, for instance, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be disclosed to a doctor, hospital or other third party. In this case processing would be based on Art. 6(1) d) GDPR. Ultimately, processing operations could be based on Art. 6(1) f) GDPR. These legal grounds shall be used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary on the grounds of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. The legislator consequently believed that a legitimate interest may be assumed to exist if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).

      20. Legitimate interests pursued by the controller or a third party

      Where processing of personal data is based on Article 6(1) f) GDPR, our legitimate interest is to do business in a way that promotes the well-being of all of our employees and the shareholders.

      21. Period for which personal data is stored

      The criterion used to determine the period of storage of personal data is the applicable statutory retention period. After that period has expired, the data concerned will routinely be deleted when it is no longer needed for the purpose of performance of the contract or for contract initiation purposes.

      22. Statutory or contractual requirements for providing personal data; data required for conclusion of contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

      We would herewith like to inform you about the fact that in part it is required by law (e.g. tax regulations) that personal data is provided and such a duty may also arise from contractual arrangements (e.g. information on contracting parties). Sometimes it is necessary for a data subject to provide us with personal data for the purpose of formation of contract and this information will subsequently have to be processed by us. The data subject, for instance, has the duty to provide us with personal data when concluding a contract with TORQEEDO GMBH. Where personal data is not provided, no contract may be concluded with the data subject. The data subject will have to contact one of our employees before providing personal data. Our employee will then inform the data subject on a case by case basis whether provision of personal data is prescribed by law or contract or whether it is necessary for concluding the contract or whether an obligation exists to provide personal data and which consequences the failure to provide personal details would have.

      23. Existence of automated decision taking processes

      We are a responsible company and as such we do not make use of any automated decision taking or profiling processes.

      24. Security

      We take all the technical and organisational security measures necessary for protecting your personal data from loss and inappropriate use. Your data, for instance, will be stored in a safe operating environment which may not be accessed by the public. We ensure that payment data transmitted is encrypted (128 bit SSL).

      In the event that you wish to contact us by e-mail, please note that e-mail transmission is not a secure method of transmission where confidentiality may be ensured. It may be possible for third parties to get access to e-mail messages. This is why we recommend that you exclusively send us confidential information by letter.

      25. Further information

      Your trust is important to us. Therefore, we are always willing to answer any questions or queries you may have regarding the processing of your data. In the event that you have any questions or queries that this privacy statement did not answer or if you wish to receive more detailed information on any related issue, please do not hesitate to contact the data protection officer of TORQEEDO GMBH.

      26. Contact details of data protection officer

      Robert Schöttl
      Karl-Mangold-Str. 10
      81245 München (Munich)

      Tel. +49 (0) 89 896 893 26
      Fax +49 (0) 89 896 893 28
      E-mail: datenschutz@torqeedo.com