DATENSCHUTZBESTIMMUNGEN
Valid from 01.04.2022.
ARCHIVED VERSIONS
Protecting personal data is serious business for us. We therefore collect, save and process your data exclusively on the basis of legal regulations. In doing so we are just as committed to data security as we are to data economy. These data protection regulations will provide information for you in the form of data processing in the course of our business relations.
1 Who is responsible for the legality of data processing?
Within the meaning of the General Data Protection Regulation (DS-GVO) the responsible entity is as follows:
Smatch GmbH
Ottenser Haupstraße 31B,
22765 Hamburg, Germany
Tel.: +49 15156383916
Website: smatch.com
In accordance with Art. 37 DS-GVO smatch GmbH has nominated a data protection officer and a deputy. The data protection officer can also be reached under the above address and at [email protected]
2 What data do we collect and for what purpose? What is the legal basis for our using this data?
We need various personal data if you want to use smtach’s platform and make use of our services. We collect this data by having you convey the data to us, by collecting the data with your browser or from third parties or by requesting them from publically accessible sources.
Processing the data with the smtach app or the smtach website
Certain access data and device information is automatically sent to us and temporarily saved in log files when you visit the smatch website, or when you use the smatch app. They include the following
- Your IP address,
- Your device ID,
- The date and time of the access,
- Your time zone,
- The data volume transferred, the complete data exchange/a potential crash of the website or the app,
- the website from which you accessed our website
- Your operating system and the version of your operating system.
We require this data for the following purposes:
- In order to enable operation of the app and the website,
- In order to provide you with the app and the website and in order
- To ensure the security and stability of the website and the app, i.e. to prevent misuse and malfunction and to remove these.
- The access data and the device data do not enable us to be able to identify you as a person. Insofar as they do, we do not use them to identify you as a person. We save access-/and device data no longer than necessary to fulfill the afore-mentioned purposes.
The legal basis for this data processing is Art. 6 Par 1 subpar. 1 (f) of the DS-GVO Processing is necessary to maintain our justifiable interest in ensuring the functionality, the error-free operation and the security of our website and our app.
The following is a list that contains general contact and company data that you inform us of in the course of registering with our platform and using the platform.
The data you can provide us with include the following:
- Name and address of the company for which you will be working,
- The location of the company,
- Your name and the name of the persons registered with the company, profile pictures of persons registered, their email addresses and the preferred language of the persons,
- User name and password
- Contact telephone numbers
- Email addresses,
- Account and payment data
- Tax ID
We process this data to provide you with a user account and to enable you to enter into contracts via the smatch platform and to process them. The legal basis for processing is Art. 6 Par. 1 Subparagraph 1 (f) DS-GVO. We have a justified interest in being able to provide a market platform that serves the market and interests. Furthermore, the legal basis is Art. 6 Par. 1 Subpar. 1 (b) of the DS-GVO due to the fact that these are necessary to fulfill the user agreement and to execute pre-contractual measures that are done upon request of the person in question. We also process this data in order to be able to fulfill contracts that were entered into via the smatch platform. The legal basis for this processing is Art. 6 Part 1 Subpar. 1 (b) DS-GVO. We also have a legitimate interesting in being able to clearly identify our contractual partners, Art. 6 Par. 1 Subpar. 1 . (f) DS-VGO.
We assign an ID number to every person who is registered, and save it. The legal basis for this is Art. 6 Par1. Subpar. 1 (f ) DS-GVO; we are justifiably interested in the platform working, which requires that the person registered can be identified.
Furthermore we use your data, and in particular your contact data, for direct advertising for our company and our offers – particularly per email, if we received your email address in connection with the sale of products or with services or work. The legal basis for this processing is Art. 6 Par. 1 Subpar. 1 (f ) DS-GVO. We are justifiably interested in having you receive direct advertising. You have the right to veto the use of your data for the purpose of direct advertising at any time (Art. 21 Par. 2 DS-GVO). In this case we will stop sending you advertisements.
Rarely will we use your data to check your credit standing. The basis for this is our legitimate interest in a reliable business relationship with you and your company, Art. 6 Par. 1 Subpar. 1 (f) DS-GVO.
Processing order data
We process information on orders that were requested, offered, provided, accepted and processed. It is necessary to process this information to fulfill contracts entered into with you on the smatch platform or to enable the entering into of these kinds of contracts (Art. 6 Par. 1 Subpar 1 (b) DS-GVO). Furthermore, it serves to maintain our legitimate interest in implementing potential legal claims as well as to be able to give our customers a list of orders that have been issued and processed in their user profile (Art. 6 Par. 1 Subpar. 1 (f) DS-GVO).
Processing driver location data
We process the location data of the drivers in connection with the execution of contracts entered into via the smatch platform and the shipment of bulk cargo. The prerequisite for this is that the driver in question agrees to the processing by activating the GPS function on their end device. The customer can see the driver’s location data on the smatch platform in real time and thus can get ready for the exact time of delivery. This data is provided to the customer as a summary after the drive has been concluded. This type of data processing only takes place when shipping orders are carried out (transport and delivery) and when bulk material is delivered. The legal basis for this data processing is the consent of the driver in question in accordance with Art. 6 Par. 1 Subpar. 1 (a) of the DS-GVO.
Processing authentication information
When ordered bulk material is loaded or delivered, your signature and other authentification and ID data (e.g. your ID card number or other information that is contained in IDs) may be processed in order to confirm the loading or unloading. Art. 6 Par. 1 Subpar. 1 (b) of the DS-GVO are the legal basis for this, as your signature may be required for the performance of the contract entered into on the smatch platform, as well as Art. 6 Par. 1 Subpar. 1 Letter (f) of DS-GVO, i.e. our justifiable interest in the loading or unloading of bulk material ordered on the smatch platform. smatch either records this data itself or it receives copies of this data from a subcontractor engaged to do this.
Processing creditworthiness data and similar data
In exceptional cases we may obtain data from third parties that pertain to the creditworthiness of your company (e.g. from Schufa or Creditreform). Furthermore, in certain cases we obtain data from publicly accessible sources (e.g. trade register, media), Specifically data on past payment history as well as annual report documents and company evaluations, company planning figures and other operating and financial information. The basis for this is our justifiable interest in reliable business relations with you and your company, Art. 6 Par. 1 subpar. 1 (f) of DS-GVO.
How tracked data is processed
Finally we collect a certain amount of data pertaining to your end device, your browser and your user behavior, referred to as tracking data. We process it for various purposes, particularly to monitor the safe and smooth operation of the smatch platform and our services and offers. Insofar as this does not have to do with obligatory technical processing of data, the processing is done on the basis of your approval in accordance with Art. 6 Sec. 1 Subpar. 1 (a) of the DS-GVO. You will find more detailed information on this under no. 4 of these data protection regulations.
3 Who can obtain your data?
We pass your data on to various third parties to be able to execute contracts that were entered into on the smatch platform and in order to be able to operate and administrate the smatch platform as follows:
If you enter into contracts on the delivery of bulk material or other services or place equivalent offers there, we pass the order details as well as your contact data on to the following:
- Our trade partners,
- suppliers,
- carriers,
- freight forwarders and other
- companies that we turn to in order to execute orders.
The disclosure and processing of your data by these processors is done on the basis of order processing contracts in accordance with Art. 28 of the DS-GVO or on the basis of other contractual agreements entered into between us and the providers of services.
Furthermore, we pass on user data to service providers that we utilize for the operation, administration and design of the smatch platform and to process contracts, in particular payments, as well as for the purposes of advertising. These service providers are order processors. Insofar as our service providers are located in countries outside of the EU or the EEA we make sure that the level of data protection is just as high as guaranteed in Germany and in the EU in terms of personal data, either based on adequacy decisions of the European Commission (Art. 45 DS-GVO) or other appropriate guarantees (Art. 46 of the DS-GVO). You will find the details on this in the list of our service providers.
Specifically we pass on your data pertaining to the purposes listed below to the following third parties:
(Recipient of the data | Data subject | Data used for | Recipient country)
- Hubspot | Name; Adresse, E-Mail, Zahlungsdaten, Telefonnummer, Steuernummer, Umsatzsteuer-ID |Verkauf | Deutschland, USA
- GoogleBigQuery | Name, Firmenname, E-Mail, Steuernummer, Adresse, Zahlungsdaten | Analyse | USA, Chile, Irland, Niederlande, Finnland, Belgien
- Amazon Web Services | Name, E-Mail | Hosting | USA
4 Which analytics services (cookies and tracking) and interfaces are used?
We utilize various tracking- and analytics services of and to third parties. If you visit the smatch platform via our website or our app, you can receive further data on you, your end device or your browser and how they are processed for further purposes.
We use cookies, especially in order to make our services more user friendly. These are small text files which are saved on your end device through which the location that sets the cookie receives certain information. Your end terminal accesses these files. These cookies make it possible for us, among other things, to automatically determine that you have already visited our site, e.g. as a logged user when you visit our app or our website a second time. Insofar as these cookies are required technically, the utilization is based on our justifiable interest in being able to provide you with a website or app that works, Art. 6 Sec. 1 Subpar. 1 (f) of the DS-GVO. If these cookies are used for the purpose of analysis (statistical information about our website, measurement of performance and improvement), functional cookies (improving functionality and personalization, e.g. live chats, videos and the utilization of social media) and cookies for the purposes of advertising and tracking, we only use cookies when you have given your consent, Art. 6 Par. 1 subpar. 1 (a) of the DS-GVO. You can give or rescind this approval with the cookie banner or with your data protection setting.
Furthermore, standard browsers offer options for settings, not to authorize cookies. At any time you can also delete the cookies in the security settings of your browser. It is not guaranteed that you can access all functions without limitation if you enter the corresponding settings.
You will find additional information on cookies in our cookie-guidelines and in the list of the cookies that are used in our data protection settings. I
a Google Analytics
We use Google Analytics, a web analytics service of Google Inc. (Google). Google Analytics uses cookies. The information generated by the cookie on your use of this website are generally conveyed to a Google server in the USA and saved there. This website, however, uses Google Analytics with the expansion „anonymizeIp()“, so that your IP address is abbreviated by Google beforehand within the member states of the European Union or in other states which are part of the agreement on the European Economic Area. So if there is a reference to you as a person with the data that has been raised, it will be excluded immediately and the personal data will be deleted immediately. d The full IP address will only be sent to a Google server in the USA and abbreviated in certain exceptional cases
Google will use the information at our request to be able to evaluate the utilization of the website to compose reports on website activities and to provide services that are in connection with the use of the website and the Internet. We on the other hand use the data after they have been rendered anonymous so that we can analyze and optimize the use of our website. The IP address that transmitted by your browser in the course of Google Analytics is not merged with other data from Google.
The legal basis for using Google Analytics is the approval which you can give and revoke via our cookie banner and your data protection settings Art. 6 Par. 1 Subpar. 1 (a) of the DS-GVO.
You can prevent cookies from being saved by setting your browser software accordingly; in this case you will not be able to use all functions this website has to offer. Furthermore, you can prevent Google from collecting the data regarding your use of the website generated by the cookie (incl. Your IP address) as well as Google’s processing this data by downloading and installing the browser plug in available under the following link: http://tools.google.com/dlpage/gaoptout.
b Google Marketing Services
We utilize and reutilize the marketing and remarketing services (“Google Marketing Services” for short) of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (Google).
Google Marketing Services allow us to display advertisements more effectively for and on our website to present advertisements to users that could potentially interest them. Google Marketing Services uses Cookies that record which websites a user visits, what contents the user is interested in and which offers the user has clicked; furthermore, technical information on the browser and operating system, websites, time when the visitor visited the website as well as further specifications for the use of the online offer. The user’s IP address is also recorded. Within the member states of the European Union, however, or in other states that entered into the contract of the EEC it is abbreviated and only occasionally transferred as a whole to Google’s server in total and abbreviated there. The IP address with the user’s data is not merged within other offers of Google. The above mentioned information can be connected with other information from other sources on the part of Google.
The users’ data will be processed in a pseudonymized fashion. This does not hold true if a user has explicitly allowed Google to process the data without rendering them anonymous. The information about the users collected by Google Marketing Services are sent to Google and stored on Google’s servers in the USA.
Processing is based on your approval which you can give and revoke with our cookie banner or your data protection settings, Art. 6 Sec. 1 subpar. 1 (a) of the DSGVO.
You can obtain further information on using data for marketing purposes by Google on the page www.google.com/policies/technologies/ads, Google’s data protection statement is available on www.google.com/policies/privacy.
If you would like to object to interest-related advertising by Google Marketing Services you can make use of the settings and opt out options provided by Google: www.google.com/ads/preferences
c Facebook Pixels
On our website we use pixels provided by Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA (Facebook). This allows interest-based advertisements (Facebook ads) to be displayed to users of our website when they visit the Facebook or other websites that also use the method. Your browser uses Facebook pixels to automatically establish a direct connection to Facebook’s server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you based on what we know: By integrating Facebook pixels, Facebook receives the information that you have clicked on one of our ads or have accessed the corresponding page of our website. If you are registered with one of Facebook’s services, Facebook can match up your visit to your account. Even if you are not registered with Facebook or have not logged in there is the option that the provider can determine your IP address and additional identifiers and save them.
Our purpose in using Facebook pixels is to show our Facebook ads only to those Facebook users who have shown an interest in our Internet offer. With the help of Facebook pixels we would like to make sure that our Facebook ads correspond to the potential interest of our users and do not come across as being annoying. Furthermore we can use Facebook pixels to estimate the efficacy of Facebook ads for statistical purposes by determining whether users were directed to our website after clicking on a Facebook ad.
The legal basis for using Facebook pixes is your consent in accordance with Art. 6 Sec. 1 Subpar. 1 letter (a) of the DSGVO, which you can give and revoke via our cookie banner or your data protection settings.
Information from third party provider: Facebook Inc.;
HTTP://WWW.FACEBOOK.COM/POLICY.PHP
; additional information for data collection:
HTTP://WWW.FACEBOOK.COM/HELP/ 186325668085084
,
HTTP://WWW.FACEBOOK.COM/ABOUT/ PRIVACY/YOUR-INFO-ON-OTHER#APPLICATIONS
as well as
HTTP://WWW.FACEBOOK.COM/ABOUT/ PRIVACY/YOUR-INFO#EVERYONEINFO
.
d Use of Hubspot
Hubspot, Inc. has its headquarters in the USA. The data is processed in Ireland and in the USA. We have entered into an order processing contract with Hubspot, specifically including the current EU standard contract clauses. The appropriate data protection level is guaranteed by the use of the EU standard contract clauses.
a Implementation of web analysis
In order to improve our services and performance the technologies of Hubspot, Inc (www.hubspot.com) are used to automatically collect and store data on our platform, from which user profiles can be generated by using pseudonyms. Your approval in accordance with Art. 6 Sec. 1 Subpar. 1 (a) of the DSGVO is the legal basis for this, which you can give and revoke with our cookie banner or the data protection settings. When Hubspot no longer serves a purpose and is terminated by us, the data that has been collected in this context will be deleted.
b The use of user account administration and communication.
We also use the technologies of Hubspot Inc. on this website to administrate user accounts.
If you contact us via a contact form or chat and enter your email address, a user account will be created and the communication content will be stored for this purpose in order to better process this and future requests. If you do not enter an email address, a user account is not created and communication content is not stored.
We also use Hubspot to send emails.
On the one hand, the data is processed for the purpose of contract implementation in accordance with Art. 6 Sec. 1 Subpar 1 (b) of the DSGVO and, on the other hand, the protection of our legitimate interests in an optimized presentation of our offer, the optimal processing of your inquiries and direct advertising pursuant to Art. 6 Sec. 1 Subpar. 1 (f) DSGVO.
You can object to the collection and storage of data at any time with future effect by placing an opt-out cookie on your end device, or by suppressing the functioning of the tool with the help of an appropriate browser plug in, e.g. Ghostery, or by using the privacy settings tool provided on our platform (see https://www.schuettflix.de/privacy-policy/) by clicking on “Change your consent” or “Revoke your consent”.
e Our offers on social media and the integration of other third party services
Our content is also represented on social networks and other virtual platforms, in order to be able to communicate there with customers, interested parties and users and in order to be able to present our services. When you access these networks and virtual platforms, their privacy policies apply. Specifically, this should be observed when you access our presences on social networks and other platforms by clicking on the appropriate links on our website. They are integrated on our website by links, which is why data isn’t transferred there until you click on the corresponding link or button.
Unless otherwise regulated in our privacy policy, we process the personal data that you provide to us via social networks and virtual platforms as part of our communication, e.g. by sending messages to us, to process your inquiries. The legal basis for this processing of the transmitted data is Art. 6 para. 1 subpar. 1 (b) DSGVO.
Furthermore, in order to optimize our Internet presence, we use offers from third-party providers on our website to integrate their content and services, namely e.g. videos or fonts into our website (hereinafter uniformly referred to as services). The prerequisite for including this is that the provider of these services processes your IP address. , Because this cannot be prevented technically, the processing of the IP address is thus necessary for the use and realization of the services. We always endeavor to use only those services whose respective providers process the IP address only for the direct provision of the services. Third-party providers may also use so-called pixel tags (invisible graphics, also known as web beacons) for statistical or marketing purposes. Web beacons can be used to evaluate different kinds of information, e.g. A visit to our website. Information can also be stored pseudonymously as cookies on your terminal device, thus processing technical information about your browser and operating system, linked web pages, time of visits and other information about the use of our website.
a YouTube
Inclusion of videos on Google’s YouTube platform, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. You will find the data protection of this third party provider at
HTTPS://WWW.GOOGLE.COM/ POLICIES/PRIVACY/
. Information on restricting/deactivating information transfer/advertisements can be downloaded at
HTTPS://ADSSETTINGS.GOOGLE.COM/ AUTHENTICATED.
b Google Maps
Inclusion of Google Maps from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data protection statement of this third party service provider can be found at https://www.google.com/policies/privacy/. Information on the restricting/deactivating information transfer / advertising can be downloaded at
HTTPS://ADSSETTINGS.GOOGLE.COM/ AUTHENTICATED
.
c Google Fonts
Inclusion of letters of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (vgl.
). You will find the data protection statement of this third party service provider at
HTTPS://WWW.GOOGLE.COM/ POLICIES/PRIVACY/
. Information on restricting/deactivating information transfer/advertisement can be downloaded at
HTTPS://ADSSETTINGS.GOOGLE.COM/ AUTHENTICATED
.
5 How long do we store your data?
If a storage period is not explicitly specified when the data is collected (e.g. as part of a declaration of consent), your personal data will be deleted as soon as it is no longer required to fulfill the purpose for which it was stored, unless legal storage obligations (e.g. obligations under commercial and tax law) or compelling reasons worthy of protection which outweigh your interests, rights and freedoms prevent deletion, or the further processing of the data by us serves to assert, exercise or defend our rights and legal claims.
6 What rights do you have?
You have a number of rights in relation to our processing of your personal data. To exercise these rights or if you have any questions regarding the processing of your personal data, please contact us using the contact details provided in section 1.
- In accordance with Art. 15 DS-GVO you have the right to demand information on personal data of yours that has been processed by us as well as a right to demand a copy of this data.
- Insofar as the requirements of Art. 20 DS-GVO are met, you may request that the data provided by you be transmitted to another responsible party in a structured, common and machine-readable format or, insofar as this is technically feasible, have it transmitted by us (referred to as “right to data portability”).
- Pursuant to Art. 16 DS-GVO, you have the right to request that any inaccurate personal data that pertains to you be corrected immediately and that any incomplete data be completed taking into account the purposes of the data processing.
- Under the conditions of Art. 18 DS-GVO, you can request the processing of your personal data be deleted.
- Under the conditions of Art. 18 DS-GVO, you can request the processing of your personal data be restricted.
- Furthermore, you have the right of objection pursuant to Art. 21 DS-GVO. You may object to such processing insofar as we process your personal data on the basis of Art. 6(1)(e) or (f) DS-GVO, i.e. for the performance of a task carried out in the public interest or in the exercise of official authority vested in us or for the purpose of safeguarding our legitimate interests or the legitimate interests of a third party, and there are grounds arising from your particular situation. We will then no longer process your personal data unless we can show compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims. You may object to the processing of your personal data for the purpose of direct marketing at any time, irrespective of the legal basis for this data processing and of the existence of special reasons.
- If the processing of your personal data is based on your consent, you can revoke your consent at any time with effect for the future. The legality of the processing done before revocation remains unaffected in the event it is revoked.
7 Right of appeal
Moreover, you have the right to lodge a complaint with a competent supervisory authority (Art. 77 Sec. 1 DS-GVO).
8 Changing data protection information
Please take note of the fact that these data protection regulations can be changed at any time in accordance with valid data protection regulations. The version that is valid is always the one that is published at the time when you visit the website. If there are essential changes you will be informed separately.
