motocompano Privacy Statement

Protecting the privacy of users of our websites and mobile applications (hereinafter drawn together with the term “website”) is important to us. As motocompano, we respect your right to privacy and take very seriously any reservations you may have regarding the security of data that you pass on to us via the websites, mobile applications and associated services. This Privacy Statement therefore clarifies for you the manner, extent and purposes of the collection and use of personal data on our website. Data are deemed to be personal if they can be unambiguously assigned to a specific natural person.

Your personal data (e.g. name, address, email, telephone number, etc.) will be processed by us exclusively in accordance with the provisions of German data protection law. Consequently, we observe the provisions of the German Federal Data Protection Act [Bundesdatenschutzgesetz – BDSG] and the German Telemedia Act [Telemediengesetz – TMG]. Please refer to these statutory regulations for the legal foundations of privacy/data protection.

The following privacy conditions apply to our offers:

·           We will only ask for personal information if we really require this.

·           We will only pass on your personal information if this is necessary to comply with the laws, to develop our products and services or to protect our rights.

·           When dealing with your personal information, we take the utmost care with regard to privacy and security.

We wish to point out there may be security loopholes involved in data transmission online (for example when communicating by email). Complete protection of data against third party access is not possible. However, we continually do our utmost to protect your personal information. Consequently, the transmission of personal information takes place at your own risk.

The present declaration (“Privacy Statement”) sets out the guidelines that motocompano has established to protect the information passed on to motocompano during your visits to the website or within our mobile applications. We also satisfy our statutory obligations to provide information and instruction with this Privacy Statement.

Name and address of the website operator as the responsible party

The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the EU member states as well as other data protection regulations is the:

velum intermedia GmbH
Relenbergstraße 59
70174 Stuttgart

Deutschland

Represented by its managing director: Chandra Suprayan

Principles of data protection and data security

Your personal data will only be collected, processed and used insofar as a legal basis for this exists or you have previously given your express and voluntary consent. Use of the motocompano site is anonymous without registration, but is also possible with registration – depending on the required functionalities.

Your data will only be passed on to third parties if this is necessary for handling the usage or processing the contract, or if you have previously given your consent.

Additional personal data is only collected, processed or used if you voluntarily provide it to us during your visit to this website, for example when providing feedback. The legal basis for the processing is the existence of your consent as a user (Art. 6 Abs. 1 lit. a DSGVO).

Anonymous data collection

You can use the free version of the motocompano apps without informing us who you are. However, even without registration we will learn, in particular: 

–  The name of your internet service provider (ISP) 

–  The website from which your visit to us starts 

–  The type and version of browser you are using 

–  The operating system you are using 

–  The webpages you visit with us  

–  The date and time you access our site. 

This information is evaluated for statistical purposes, so as to allow us to optimise our website and offers. The IP address of the computer from which the request is sent is not saved. Consequently, it is not possible to create personal user profiles.

The data is stored on the basis of Art. 6 Abs. 1 lit. f DSGVO. We have a legitimate interest in the storage for the technically error-free and optimized provision of our services. 

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. 

In the case of storage of data in log files, this is the case after seven days at the latest. 

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

Cookies

Our websites use “cookies” to manage your HTTPS sessions.  Cookies are small text files that make it possible to store specific information related to your device on the access device you are using (PC, tablet, smartphone, etc.). They are saved on your hard drive. On the one hand, they aid the user-friendliness of internet sites and therefore help users (e.g. saving of log-in data), while on the other hand, they are used to collect the statistical data for the webpage usage and make it possible to analyse these data in order to improve the offer. After the end of the browser session, the majority of the cookies we use are deleted from your hard drive (“session cookies”). On the other hand, the “persistent cookies” remain on your computer and thereby enable us to recognise you on your next visit.

You can select whether or not you wish to accept the cookies we send by changing your browser settings (generally found under “Options” or “Settings” in the browser menus). If you decide not to accept our cookies, it is possible that the quality of experience enjoyed with our products and services may fall and that certain features may not function as intended. Please take this into consideration.

Cookies that are required to carry out the electronic communication process or to provide certain functions you have requested are stored on the basis of Art. 6 Abs. 1 lit. f DSGVO. We have a legitimate interest in storing cookies for the technically error-free and optimized provision of our services. Insofar as other cookies (e.g. cookies to analyze your surfing behavior) are stored, these are treated separately in this privacy policy.

Collection and processing of personal data / registration

When downloading the app, the necessary information is transmitted to the App Store. However, we have no influence on this data collection and are not responsible for it. We process this data that you have provided insofar as this is necessary for downloading the app to your end device. This data is not stored for any further period of time beyond the above.

In order to use the functions within the motocompano app or the website motocompano.com, a registration with e-mail address and password is required. The processing of the entered data is exclusively based on your consent (Art. 6 Abs. 1 lit. a DSGVO), which you give by sending the form.

When registering and/or placing an order for a paid version of motocompano, personal data relating to you will only be collected if you communicate these data to us voluntarily as part of your registration and order placement or when opening a customer account or registering for our newsletter. We will use the data you communicate without your separate consent exclusively to fulfil and process your order and to send you information on your contract. When the contract has been completely processed and the agreed remuneration has been paid in full, your data will be blocked for further use and then deleted following expiry of the retention periods set out in fiscal and commercial law, unless you have expressly given your consent for continued use of your data. The processing of the entered data is necessary for the fulfillment of the contract concluded with us (Art. 6 Abs. 1 lit. b DSGVO).

The forwarding of personal data without your consent is excluded, unless this is vital for fulfilment of our contractual obligations towards you. By means of appropriate technical and organisational measures, we ensure that we observe the privacy regulations, but also that they are observed by external companies collaborating with us.

You can modify your personal information at any time within the profile settings in your account at https://motocompano.com.

Processing of geodata and media

Within the motocompano applications, it is possible to generate, upload, process and reorganise your own geodata (POIs, tracks, routes) and media (photos, videos). We do not store any of this information and data independently, each data release must be adjusted actively by you. You can check the release rights for all of your data yourself at any time, or delete your data permanently at any time.

The processing of uploaded data is based exclusively on your consent (Art. 6 Abs. 1 lit. a DSGVO), which you give by uploading.

Newsletter

On our website, we also give you the option of subscribing to our newsletter. With this newsletter, we provide you with information about our offers at regular intervals. In order to receive our newsletter, you require a valid email address. We will check the email address you enter to ensure that you are actually the owner of the specified email address.

When you subscribe to the newsletter, you make the following declaration of consent:

I hereby register to receive the newsletter and agree to use of the email address that I specified for registration (see also the “Privacy Statement”).

When you register for our newsletter, we store your IP address and the date and time of your registration. This acts as a safeguard for us in case a third-party is misusing your email address and subscribes to our newsletter without your knowledge. We do not collect any further data. The data collected in this way are used exclusively for the purpose of our newsletter. No forwarding to third parties takes place. Moreover, no comparison takes place between the data that have been collected in this way and any data that may be collected by other components of our site. You can cancel your subscription to the newsletter at any time with effect for the future. The details can be found in the confirmation email and in every individual newsletter.

The processing of the entered data is based exclusively on your consent (Art. 6 Abs. 1 lit. a DSGVO), which you give by sending the form.

Messages from motocompano relating to the products and services on offer

Important messages concerning your use of our products and services, or important news on the operation of our servers, your storage limits or the expiry of time allocations for our services will be sent to your email address automatically as soon as this is necessary. These messages serve only to ensure that the products and/or services you have selected function as smoothly as possible.

Sending confirmation and information emails

Confirmation and information emails are sent using “Mailgun”, an email sending platform of the US provider Mailgun Technologies, Inc., 535 Mission St., San Francisco, CA 94105. The provider has joined the EU-US Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000PCbmAAG&status=Active) and thus ensures compliance with the GDPR/DSGVO as well as all other data protection laws or provisions of a data protection nature applicable in the member states of the EU. Users can find further information on data processing by the provider at https://www.mailgun.com/privacy-policy.

Sending push notifications

If requested by a registered user and expressly approved in the mobile app, push notifications are sent using “OneSignal”, a notification platform of the US provider OneSignal, 2850 S Delaware St Suite 201, San Mateo, CA 94403. The provider has joined the EU-US Privacy Shield (https://www.privacyshield.gov/participant?id=a2zt0000000PCbmAAG&status=Active) and thus ensures compliance with the GDPR/DSGVO and all other data protection laws or provisions of a data protection nature applicable in the member states of the EU. Users can find further information on data processing by the provider at https://onesignal.com/privacy_policy.

Use of Google Analytics

Our webpages use Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, i.e. text files that are stored on your computer and make it possible to analyse your use of the website. The information about your use of this website generated by the cookie is generally transmitted to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will first be shortened by Google within the member states of the European Union or other states that are signatories of the Agreement on the European Economic Area.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Working on our behalf, Google will use this information to evaluate your use of the website, compile reports of the website activities and provide other services associated with use of the website and internet usage for the website operator. Google will not combine the IP address transmitted by your browser as part of Google Analytics with other data.

You can prevent the cookies being stored by means of a corresponding setting in your browser software. However, we wish to point out that, in this case, you may not be able to make full use of all the functions of this website. Furthermore, you can prevent Google from collecting the data that is generated by the cookie and relates to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Use of Facebook plug-ins

Plug-ins from the social network Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA) may be integrated on our website. You can recognise the Facebook plug-ins by the Facebook logo or the “Like” button on our page. An overview of the Facebook plug-ins can be found here: http://developers.facebook.com/docs/plugins/.

When you visit our webpages, the plug-in establishes a direct link between your browser and the Facebook server. As a result, Facebook receives the information that you have visited our page with your IP address. If you click on the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. Doing so enables Facebook to assign the visit to our pages to your user account. We wish to point out that we, as the provider of the webpages, have no knowledge of the content of the data transferred and of how these data are used by Facebook. Further information on this can be found in Facebook’s privacy statement at http://de-de.facebook.com/policy.php

If you wish to prevent this transfer and storage of data about yourself and your behaviour on our website by Facebook, you must log out of Facebook before visiting our site. Facebook’s privacy notes provide further information, particularly pertaining to the collection and use of data by Facebook, your rights in this regard and the setting options to protect your privacy: https://de-de.facebook.com/about/privacy/

In additional, external tools that can be used to block Facebook social plug-ins are available on the market, with add-ons for all current browsers: http://webgraph.com/resources/facebookblm

An overview of the Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/

Use of Twitter

It is possible that our websites might be integrated with functions of the Twitter service. These functions are provided by Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “re-tweet” function, the websites you visit are linked with your Twitter account and disclosed to other users. Data are also transferred to Twitter as part of this process.

We wish to point out that we, as the provider of the webpages, have no knowledge of the content of the data transferred and of how these data are used by Twitter. Further information on this can be found in Twitter’s privacy statement at http://twitter.com/privacy.

You can change your privacy settings for Twitter in your account settings at http://twitter.com/account/settings.

Your rights regarding your data

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. For this and other questions on the subject of data protection, you can contact us at any time at the address given above. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

Data security

Your personal data is encrypted using SSL v3, RC4, RSA with 1024 bit exchange transmitted over the Internet. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. 

Right of appeal to the competent supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the EU member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR/DSGVO. For Baden-Württemberg, where our company is located, the competent supervisory authority in matters of data protection law is the State Data Protection Commissioner of Baden-Württemberg: https://www.baden-wuerttemberg.datenschutz.de.

The supervisory authority to which the complaint was submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 DSGVO.

Disclosure/Revocation/Deletion

In accordance with the provisions of the Federal Data Protection Act, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction, blocking or deletion of this data. For this and other questions on the subject of personal data, you can contact us at any time at the address given above.

General revocation of consent to data processing and use 

In general, in addition to the above powers, you have the right to revoke your consent to data processing and use at any time with effect for the future. To do this, you can contact us at any time at the address given above. We will then immediately delete your data completely, unless there is a legal storage or retention obligation. In this case, the data will be blocked, unless there is a legal basis for data processing.

Modification of this Privacy Statement

We reserve the right to modify this Privacy Statement at any time within the framework of the statutory provisions. Consequently, you should read the Privacy Statement at regular intervals when visiting our website.

Stuttgart, 2022-09-01