Data Protection

Preamble

The my9xx.app platform (hereinafter "platform") is provided by Digital Market Services GmbH, Robert-Mayer Straße 62, 70191 Stuttgart, Germany (hereinafter "we" or "us") as the responsible party within the meaning of the applicable data protection law.

Within the scope of the services offered via the platform, we provide historical and current vehicle data (hereinafter "offers") and offer the opportunity to establish direct contact with car dealerships or other potential sellers or buyers (hereinafter "interested parties").

When using the platform, we process personal data about you. Personal data means any information relating to an identified or identifiable natural person. Because protecting your privacy when using the Platform is important to us, we would like to use the following information to inform you about what personal data we process when you use the Platform and how we handle this data. In addition, we will inform you about the legal basis for the processing of your data and, to the extent that the processing is necessary to protect our legitimate interests, also about our legitimate interests.

1. Information on the processing of your data

Certain information is already processed automatically as soon as you use the platform. We have listed below for you exactly which personal data is processed:

1.1 Information that is automatically collected on the platform.

As part of your use of the Platform, we automatically collect certain data that is necessary for the use of the Platform. This includes:

This data is automatically processed by us (1) to provide you with the Service and related functions; (2) to improve the functions and performance features of the Platform; and (3) to prevent and remedy misuse and malfunctions. This data processing is justified by the fact that (1) the processing is necessary for the performance of the contract between you as the data subject and us pursuant to Art. 6 (1) lit. b) DSGVO for the use of the Platform, or (2) we have a legitimate interest in ensuring the functionality and error-free operation of the Platform and in being able to offer a service that is in line with the market and interests, which here outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) lit. f) DSGVO.

1.2 Creation of a user account (registration) and login

When you create a user account or log in, we use your access data ([email address and password]) to grant you access to and manage your user account ("mandatory data"). Mandatory data in the context of registration are marked with an asterisk and are required for the conclusion of the user contract. If you do not provide this data, you will not be able to create a user account.

We use the mandatory data to authenticate you when you log in and to follow up on requests to reset your password. We process and use the information you provide during registration or a login to (1) verify your authorization to manage the user account; (2) enforce the platform's terms of use and any rights and obligations associated with them; and (3) contact you to send you technical or legal notices, updates, security messages, or other messages relating to, for example, the management of the user account. In order to optimize the offers displayed, your search criteria and your usage behavior are also stored on the platform.

This data processing is justified by the fact that (1) the processing is necessary for the fulfillment of the contract between you as the data subject and us pursuant to Art. 6 para. 1 lit. b) DSGVO for the use of the platform, or (2) we have a legitimate interest in ensuring the functionality and error-free operation of the platform, which here outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 para. 1 lit. f) DSGVO.

1.3 Ordering our newsletter

We are happy to inform you about current offers with our newsletter on the basis of your consent (Art. 6 para.1 lit. a) DSGVO). After you have given your consent, you will receive an e-mail from us to the e-mail address you provided, in which you must click on a confirmation link for verification.

Your data will be stored by us only for the purpose of sending our newsletter. In addition, we store your IP address and the date of your registration in order to be able to prove the newsletter registration in case of doubt. You can unsubscribe from the newsletter at any time by clicking on the unsubscribe link in the footer of the newsletter. 

1.4 Data transfer for contacting interested parties

Insofar as you consent on the platform (Art. 6 para.1 lit. a) DSGVO), we transmit your name, your specified contact details and we transmit this data to suitable interested parties. After you have given your consent, you will receive an email from us to the email address you have provided, in which you must click on a confirmation link for verification.

The interested parties can then create a suitable offer on this basis and send it to you via one of the communicated communication channels (usually by e-mail).

2. Disclosure and transfer of data

In addition to the cases explicitly mentioned in this data protection declaration, your personal data will only be passed on without your express prior consent if it is legally permissible or required.

2.1

If it is necessary for the clarification of an illegal or abusive use of the platform or for legal prosecution, personal data will be forwarded to law enforcement agencies or other authorities and, if necessary, to injured third parties or legal advisors. However, this only happens if there are indications of unlawful or abusive behavior. A transfer may also take place if this serves the enforcement of terms of use or other legal claims. We are also legally obligated to provide information to certain public authorities upon request. These are law enforcement agencies, authorities that prosecute administrative offenses subject to fines, and the tax authorities.

Any disclosure of personal data is justified by the fact that (1) the processing is necessary for compliance with a legal obligation to which we are subject pursuant to Art. 6 para. 1 lit. f) DSGVO in conjunction with. national legal requirements to disclose data to law enforcement authorities, or (2) we have a legitimate interest in disclosing the data to the aforementioned third parties if there are indications of abusive behavior or to enforce our terms of use, other conditions or legal claims and your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) DSGVO do not override.

2.2

We rely on the following third-party companies and external service providers to provide our service. Any transfer of personal data is justified by the fact that we have carefully selected our third-party companies and external service providers as processors within the scope of Art. 28 (1) DSGVO, regularly reviewed them and contractually obligated them to process all personal data exclusively in accordance with our instructions.

2.3

As part of the further development of our business, it may happen that the structure of our company changes, by changing the legal form, founding, buying or selling subsidiaries, parts of companies or components. In such transactions, customer information may be transferred along with the part of the company being transferred. In any transfer of personal information to third parties to the extent described above, we will ensure that it is done in accordance with this Privacy Policy and applicable data protection law.

Any disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances as necessary and that your rights and interests in the protection of your personal data within the meaning of Art. 6 (1) f) DSGVO are not overridden.

3. Functions used

3.1 Payment via Google Pay

If you choose the payment method "Google Pay" of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), the payment processing is carried out via the "Google Pay" application of your terminal device by charging a payment card deposited with Google Pay or a payment system verified there (e.g. PayPal). For the release of a payment via Google Pay in the amount of more than €25, the prior unlocking of your mobile device by the respective verification measure set up (such as facial recognition, password, fingerprint or pattern) is required. For the purpose of payment processing, the information you provide during the ordering process, together with information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a uniquely assigned transaction number to the source website, which is used to verify a payment that has been made. This transaction number does not contain any information about the real payment data of your payment means deposited in Google Pay, but is created and transmitted as a one-time valid numeric token. For all transactions via Google Pay, Google only acts as an intermediary to process the payment transaction. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the means of payment deposited with Google Pay.
Insofar as personal data is processed during the described transfers, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) lit. b DSGVO.

Google reserves the right to collect, store and evaluate certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description of the purchased goods or services provided by the merchant, photos that you have attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description for the reason for the transaction and, if applicable, the offer associated with the transaction.
According to Google, this processing is carried out exclusively in accordance with Art. 6 para.1 lit. f DSGVO on the basis of the legitimate interest in proper billing, verification of transaction data and optimization and functional maintenance of the Google Pay service.

Google also reserves the right to merge the processed transaction data with further information collected and stored by Google when using other Google services.
The terms of use of Google Pay can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=en

Further information on data protection at Google Pay can be found at the following Internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en

3.2 Payment via Apple Pay

If you choose the payment method "Apple Pay" of Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment processing is carried out via the "Apple Pay" function of your terminal device operated with iOS, watchOS or macOS by charging a payment card deposited with "Apple Pay". Apple Pay uses security functions integrated into the hardware and software of your device to protect your transactions. For the release of a payment, the entry of a code previously defined by you as well as the verification by means of the "Face ID" or "Touch ID" function of your terminal device is therefore required.

For the purpose of payment processing, the information you provide during the ordering process, together with information about your order, is passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to carry out the payment. The encryption ensures that only the website through which the purchase was made can access the payment data. After the payment has been made, Apple sends your device account number and a transaction-specific, dynamic security code to the source website to confirm the success of the payment.

If personal data is processed during the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 (1) lit. b DSGVO.

Apple retains anonymized transaction data, including the approximate purchase amount, the approximate date and time, and whether the transaction was completed successfully. The anonymization completely eliminates any reference to individuals. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.

When you use Apple Pay on iPhone or Apple Watch to complete a purchase made through Safari on Mac, Mac and the authorization device communicate over an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that can identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone settings. Go to "Wallet & Apple Pay," and uncheck "Allow payments on Mac."

For more information about Apple Pay privacy, visit the following web address:
https://support.apple.com/en-us/HT203027

3.3 Payment via PayPal

When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for payment processing.

PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection, including information on the credit agencies used, please refer to PayPal's privacy policy:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.

4. Duration of data storage

We delete or anonymize your personal data as soon as they are no longer required for the purposes for which we have collected or used them in accordance with the above paragraphs. As a rule, we store your personal data for the duration of the usage or contractual relationship via the platform plus a period of 6 months, during which we keep backup copies after deletion, unless this data is needed longer for criminal prosecution or to secure, assert or enforce legal claims.

Specific statements in this privacy policy or legal requirements for the retention and deletion of personal data, in particular those that we must retain for tax law reasons, remain unaffected.

5. Your rights as a data subject

5.1 Right to information

You have the right to receive from us at any time, upon request, information about the personal data processed by us that concerns you within the scope of Art. 15 DSGVO. For this purpose, you can submit a request by mail or e-mail to the address given below.

5.2 Right to rectify incorrect data

You have the right to request that we correct the personal data concerning you without delay if it should be incorrect. To do so, please contact us at the contact addresses provided below.

5.3 Right to deletion

You have the right, under the conditions described in Art. 17 DSGVO, to demand that we delete the personal data concerning you. These conditions provide in particular for a right to erasure if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the Member State to which we are subject. For the period of data storage, please also see Section 5 of this Privacy Policy. To exercise your right to erasure, please contact us at the contact addresses below.

5.4 Right to restriction of processing

You have the right to demand that we restrict processing in accordance with Article 18 DSGVO. This right exists in particular if the accuracy of the personal data is disputed between the user and us, for the period of time required to verify the accuracy, as well as in the event that the user requests restricted processing instead of erasure in the case of an existing right to erasure; furthermore, in the event that the data is no longer necessary for the purposes pursued by us, but the user requires it for the assertion, exercise or defense of legal claims, as well as if the successful exercise of an objection is still disputed between us and the user. To exercise your right to restrict processing, please contact us at the contact addresses below.

5.5 Right to data portability

You have the right to receive from us the personal data concerning you that you have provided to us in a structured, commonly used, machine-readable format in accordance with Article 20 DSGVO. To exercise your right to data portability, please contact us at the contact addresses below.

6. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out, inter alia, on the basis of Art. 6(1)(e) or (f) DSGVO, in accordance with Art. 21 DSGVO. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defense of legal claims.

7. Right of complaint

You also have the right to contact the competent supervisory authority in case of complaints. The competent authority in this case is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg.

8. Contact

If you have any questions or comments about our handling of your personal data, or if you would like to exercise the rights as a data subject set out in sections 5 and 6, please contact us at datenschutz@digitalmarketservices.de.

9. Modification of this privacy policy

We always keep this privacy policy up to date. Therefore, we reserve the right to amend it from time to time and to update any changes in the collection, processing or use of your data. The current version of the privacy policy is always available under "Privacy Policy " within the platform.
Version: 08.05.2020