DATA PROTECTION


Data protection is an important concern for Borgward Group AG (“Borgward”). We respect your privacy and are particularly committed to the confidentiality of your personal data. We collect and use your data in accordance with applicable data protection law, in particular the European General Data Protection Regulation (EU GDPR).

All processing operations described below process and use personal data on the legal basis indicated and solely for the purposes listed. The controller of such processing is:

Name: Borgward Group AG (Borgward)
Address: Kriegsbergstr. 11, 70174 Stuttgart, Germany
Telephone: +49 711 365 100, email: info@borgward.com
Commercial Register: HRB 752641
VAT Registration Number: DE275851093
CEO: Xiuzhan Zhu

 

Contact details of the Data Protection Officer

Name: Cuifang Wang
Telephone number: +49 711 365 100
Email address: privacy@borgward.com
Company name: Borgward Group AG

PURPOSES OF PROCESSING AND LEGAL BASIS


1.1         Contract Performance (Collection, Processing and Use of Personal Data)


Borgward processes and uses personal data to the extent this is necessary to perform the contract with the customer. These data are

Test drive: First name*, last name*, Mr/Ms*, telephone number*, email address*, address* (street, house number, postal code, place), year of birth*, timeframe for purchase of new ca, information about current car model

Request offer: First name*, last name*, Mr/Ms*, telephone number*, email*, address* (street, street number, postcode, city).

Newsletter: First name, last name, Mr/Ms, email address*

The provision of your data to Borgward is voluntary. However, the data marked “ * “ are mandatory for the provision of the respective services.

The processing of the personal data is based on Art. 6 (1) b GDPR.

 

 

1.1.1  Use of personal data for test drives

Borgward processes and uses personal data in order to prepare a test drive. Prior to the first contact, the first name, last name, Mr/Ms, telephone number, email address, address (street, house number, postal code, place) as well as date of birth are being processed.

Art. 6 (1) b GDPR is the legal basis for the data processing (taking steps at the request of the data subject prior to entering into a contract) as well as Art. 6 (1) f GDPR. Legitimate interests include avoiding unnecessary effort and the protection of our property.

 

1.1.2           Newsletter

You may subscribe to our newsletter on our website. For this purpose, we only need your email address and a confirmation that you have read the declaration of consent and the privacy statement. In order to ensure that you are, in fact, the owner of the email address indicated and want to receive the newsletter, we use the so-called “double opt-in” procedure. In this procedure, you will receive a message containing a confirmation link once you have subscribed to the newsletter. It is not until you have clicked on the confirmation link that you are activated for the newsletter.

 

The sending of the newsletter and the statistical analysis are technically implemented via “MailChimp”, a platform of the provider

 

The Rocket Science Group, LLC

675 Ponce de Leon Ave NE

Suite 5000

Atlanta, GA 30308 USA

 

For this purpose, information (such as your email address) are being stored on servers of this provider and used to send the newsletter and carry out a respective statistical analysis.

“MailChimp” could also use these information in order to improve their own services. However, “MailChimp” does not transfer the information provided by us to third parties. As a result of the data protection framework “Privacy Shield”, “MailChimp” is obliged to comply with EU data protection regulations.  The privacy regulations of “MailChimp” may be found here:

 

https://mailchimp.com/legal/privacy/

 

“MailChimp” uses so-called “Web Beacons” (counting pixels), which allow for an analysis of your use of the newsletter. In this process, it is being stored if and when you opened the newsletter as well as if and which links you clicked.

 

In order to circumvent problems in the presentation in email programs, newsletters may contain links to the “MailChimp” website. “MailChimp” may use cookies when these links are opened. As a result, personal data are being collected and processed. We do not have any influence on this kind of collection and processing.

Since the newsletter is dependent on your consent, you may withdraw this consent to the collection and storage of your data at any time without indicating any reasons. With that, you also withdraw your consent to the sending of the newsletter as well as the statistical analysis by “MailChimp”. For this purpose, please use the “unsubscribe link” provided in the newsletter.

Separate consent or separate withdrawal regarding the statistical analysis is not possible.

 

1.1.3           Requesting a quote

If you request from us a quote for leasing or purchasing a vehicle, we will collect the following data: First name*, last name*, Mr/Ms*, telephone number*, email*, address*.

We need the data marked “ * ” in order to be able to submit an offer to you. Art. 6 (1) b GDPR constitutes the legal basis for the processing of such data, since the data are required at your request in order to take steps prior to entering into a contract.

 

1.2           Data collection in the context of an online application


If you want to apply for a job with us, we collect the following data: job title*, Mr/Ms*, title, first name*, last name*, street and house number, postal code, place of residence, country, nationality, telephone number*, email address*, current position, salary expectation, earliest date of entry*, as well as upload of the cover letter*, CV*, certificates* and other documents. The legal basis of such data processing is Art. 6 (1) b GDPR.

We need the data marked “ * ” so as to be able to process your application.

 

1.3          Data collection media-login area (https://www.borgward.media/)


First name*, last name*, address*, postal code/town/city*, country*, telephone*, email address*, date of birth*, Editorial Desk/Medium*, frequent flyer number, frequent flyer program.

We need the data marked “ * “ so as to be able to process your application

Transfer to authorities

To the extent it is mandatory, Borgward will transfer the personal data mentioned above to prosecution and/or administration authorities.

 

1.4          Use of Data in order to improve customer service and marketing


Borgward uses personal data of the customer or interested party in order to improve customer service and for marketing purposes. If you have given your consent, we will use the telephone number and email address registered in order to get in touch with you. We will store the data during the ongoing business relationship. If you withdraw your consent, we will delete the data.

The processing of these data is based on Art.6 (1a) GDPR.

 

2. TRANSFER OF THE DATA


Borgward uses third party services (e.g. hosting) for the processing of personal data mentioned in this privacy statement. These third parties are bound by contracts for job processing (processing on behalf of a controller) pursuant to Art. 28 et seqq. EU GDPR with Borgward. The processing of the personal data is solely made under the instruction and control of Borgward in the manner mentioned here. Consequently, we have ensured compliance of all our service providers with an adequate level of data protection.

These are the processors in this respect:

mediaman GmbH – https://www.mediaman.de

For the following non-EU service providers, data processing outside of the European Economic Area cannot be excluded:

Amazon Web Services, Inc. – https://aws.amazon.com/de/

“MailChimp“ – The Rocket Science Group, LLC – https://mailchimp.com/

For these countries, there is no adequacy decision of the EU Commission. Borgward has entered into contracts pursuant to the EU standard contract clauses with the non-EU service providers listed above. By doing so, an adequate level of protection of the data processing by these service providers can be ensured. You may request a copy of the respective contracts by post from Borgward Group AG, Datenschutz, Kriegsbergstr. 11, 70174 Stuttgart, Germany, or by email to privacy@borgward.com

3. AUTOMATIC DATA COLLECTION


3.1          Collection and processing of personal data on websites


Automatically collected data, Cookies

When you visit our website, by default, our web servers will store the IP address, the website you are visiting us from, which of our pages you visit, time and duration of your visit as well as some of the information that are usually transmitted by the browser. We use the data in order to optimize our internet presence and increase security. We cannot allocate the data collected to particular persons, and we do not merge them with other data sources either.

Borgward uses your data

This is only done to the respective extent required.

We provide a high level of security for the transfer of personal data by using an SSL encryption. If transfers of personal data to government institutions and authorities are required, this is exclusively done in accordance with applicable laws.

 

3.2          Cookies


We use cookies on our website. They serve to render our website user-friendly, effective and secure. Cookies are small text files that are locally stored by your internet browser and allow for the respective browser to be recognized. In addition to so-called session cookies which are automatically deleted as soon as you log out or close your browser, we also use so-called permanent cookies that recognize a recurring user.

Most browsers are automatically preconfigured to accept cookies. However, upon request, by making changes to your browser settings, you may configure your browser in such a way that cookies are restricted or blocked completely. You may obtain extensive information on how to do this on a variety of browsers on the following websites: youronlinechoices, Network Advertising Initiative and/or Digital Advertising Alliance. You will also find information there on how you can delete cookies from your computer as well as general information on cookies. For information on how you may choose these settings of the browser of your mobile phone, please consult the operating manual of your mobile phone.

 

 

3.3          Collection and processing of personal data on websites


This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on the computers of the users and allow for an analysis of their use of the website. The information generated by the cookie is usually transferred to a Google server in the USA and stored there. On this website, the IP anonymization has been activated, so that the IP address of the users will first be shortened by Google within the Member States of the European Union or in other countries which are signatories to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is transferred to a Google server in the USA and shortened there.

Google will use this information on behalf of the operator of this website in order to evaluate the use of the website by the users, compile reports on the site activities and provide further services for the operator of the website in connection with the use of the website and the internet. The IP address transmitted by your browser in the context of Google Analytics will not be merged with other data of Google. You may adjust your browser software to prevent the installation of the cookies; however, in this case, you might not be able to use all functions of this website to the full extent. In addition, you can prevent the data produced by the cookies in relation to your using the website (including your IP address) from being stored and processed by Google by downloading and installing the browser plug-in that is available under the following link. The current link is:

http://tools.google.com/dlpage/gaoptout?hl=de

4. Routine erasure of personal data


The data will be processed and stored as long as this is required to meet the purpose of processing. Subsequently, they will be erased as soon as this is permitted by law.

5. Withdrawal of consent, right to object, rectification


Consent provided may be withdrawn at any time with effect for the future. Please contact us by post at Borgward Group AG, Datenschutz, Kriegsbergstr. 11, 70174 Stuttgart, Germany, or by email at privacy@borgward.com. As a consequence of a withdrawal or objection, the service that was withdrawn can no longer be provided (e.g. newsletter).

 

If, despite our efforts regarding up-to-dateness, correctness and completeness, incorrect information have been stored, such information will be rectified immediately upon your request. Likewise, we will add missing information immediately.

 

For a withdrawal or objection as well as a rectification or addition, Borgward will not charge any costs

6. Data security


In order to protect the personal data for which we are responsible, Borgward uses technical and organizational measures. These measures reflect the state of the art of technology and are constantly being improved in accordance with technical progress. It is the aim of the measures used to protect the data with regard to their confidentiality (protection from unauthorized access), availability (protection from loss or destruction) and integrity (protection from manipulation) as well as authenticity (protection of identity).

 

Our website uses SSL encryption as regards the transfer of confidential or personal content. This encryption is being activated, for instance, when you subscribe to our newsletter via our website. Please ensure that the SSL encryption is activated at your end. The use of the encryption can be easily recognized: The address bar of the browser starts with “https://”. Data that are transferred via SSL encryption cannot be read by third parties.

7. Rights of the data subject


If your personal data are being processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

 

7.1          Right to information


You may request from the controller a confirmation as to whether we process personal data relating to you.

If there is such processing, you may request from the controller the following information:

 

You have the right to request information as to whether the personal data concerning you are transferred to a third country or an international organization. In this context, you may request to be informed of the appropriate safeguards relating to the transfer pursuant to Art. 46 GDPR.

 

7.2          Right to rectification


You have the right to obtain from the controller rectification and/or completion provided that the personal data concerning you are inaccurate or incomplete. The controller shall make the rectification without undue delay.

 

7.3          Right to restriction of processing


You may request restriction of processing of the personal data concerning you under the following conditions:

 

Where processing of the personal data concerning you has been restricted, such personal data shall –  with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If processing has been restricted pursuant to the above-mentioned conditions, you will be informed by the controller before the restriction of processing is lifted.

 

7.4          Right to erasure


You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller is obliged to erase personal data without undue delay where one of the following grounds applies:

 

Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure shall not apply to the extent that processing is necessary

 

 

7.5          Right to notification


If you have exercised the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller shall be obliged to communicate such rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

You have the right to request from the controller to be informed about those recipients.

 

7.6          Right to data portability


You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

In exercising this right, furthermore, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

7.7          Right to object


On grounds relating to your particular situation, you have the right to object at any time to processing of personal data concerning you which is based on Art. 6 (1) e or (1) f GDPR, including profiling based on those provisions.

 

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

 

Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services – notwithstanding Directive 2002/58/EC – you may exercise your right to object by automated means using technical specifications.

 

 

7.8          Right to withdraw your declaration of consent


You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

7.9         Automated individual decision-making, including profiling


You have the right not to be subject to a decision based solely on automated processing –  including  profiling – which produces legal effects concerning you or similarly significantly affects you.

We do not use your personal data for such automated decision-making.

 

7.10         Right to lodge a complaint


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 Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

 

You also have the right to lodge a complaint with the supervisory authority responsible for us:

 

The state representative (Landesbeauftragter) for Data Protection and Freedom of Information Baden-Wurttemberg

Königstraße 10 a

70173 Stuttgart

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

 

8. Revision clause


Borgward reserves the right to make adjustments to this privacy statement. You may always find the latest version under https://www.borgward.com/privacy-statement/.

9. Validity


Effective as of: 01 July  2018

 

Borgward Group AG; Kriegsbergstr. 11, 70174 Stuttgart, Germany; District Court Stuttgart; Commercial Register: HRB 752641; VAT Reg. No.: DE275851093; CEO: Philip Koehn