Data Privacy and Cookie Policy of Toll4Europe GmbH

This data privacy and cookie policy (hereinafter „Data Privacy and Cookie Policy of Toll4Europe“) sets forth the terms and conditions pursuant to which Toll4Europe GmbH, Französische Str. 33 a-c, 10117 Berlin (hereinafter „T4E“), will process personal data in the context of, inter alia, the use of the „Website of T4E“.

T4E shall be the Controller according to Article 4 (7) of the General Data Protection Regulation (GDPR) for all personal data provided and processed in relation to the use of the T4E’s Website and/or the use of online offers.

By accessing the T4E’s Website, you (“You”) unconditionally accept this T4E’s Data Privacy and Cookie Policy. If You do not agree to be bound by this T4E’s Data Privacy and Cookie Policy, You should leave the T4E’s Website immediately.

If You have any questions about data protection, You can reach us at the following contact details:

1. What data do we collect from You

1.1 Collection of personal data when You visit T4E’s Website

Every time You visit our T4E’s Website, our system automatically collects data from the system of the computer accessing the T4E’s Website. The following data are collected:

• IP address
• Date and time of the request
• Content of the request (specific page)
• Access status/HTTP status code
• The amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software

We collect the data which is technically necessary for us to display the information of T4E’s Website correctly in Your browser and to guarantee the stability and the security of the T4E’s Website. The legal basis for the processing of the data is Article 6.1 (b) and (f) of the GDPR.

The data will be stored for a maximum of 6 weeks and deleted after. The host name and the IP address of the user are anonymized, meaning an assignment of the log data to an IP address and thus to the user is not possible.

1.2 Cookies and other web technologies

We collect certain information through the use of “cookies”. Cookies are small data text files which can be stored on Your computer’s hard drive or on Your device. The information stored in the cookies are sent back to our servers the next time You visit the T4E’s Website.

The T4E’s Website uses cookies for the following general purposes:

Strictly Necessary Cookies:

Functionality-Cookies

Performance Enhacing Cookies

The legal basis for the use of these cookies are (i) Article 6.1(a) of the GDPR insofar Your consent is given; (ii) Article 6.1 (b) of the GDPR, insofar You are identified as an identifiable natural person and the data processing is carried out for the purpose of contract fulfillment and (iii) Article 6.1 (f) of the GDPR insofar the cookie is intended to facilitate, complete and personalise the use of the T4E’s Website. You have full control over the use and storage of cookies. When You visit the T4E’s Website, a banner informs You about the use of cookies. By clicking on the banner, You give Your consent to the processing of Your personal data. Although most browsers automatically accept cookies, You can change Your browser settings to stop automatically accepting cookies, or to be prompted before accepting cookies. Please note, that if You do not accept cookies, You may not be able to access all parts and to use all the features of the T4E’s Website.

For more information on cookies and how You can remove them depending on the type of browser You use, T4E refers to the following website: www.allaboutcookies.org.

1.3 Contact Form

On the T4E’s Website, we provide a contact form which You can use to contact us electronically. In doing so, the data You enter in the input mask are transmitted to us and stored. Insofar the data processing is carried out for the purpose of fulfilling Your inquiry, the legal basis for the processing of the data is Article 6.1 (b) of the GDPR. Other data will only be processed for technical or safety reasons (e.g. abuse prevention and ensuring our system security). Article 6.1 (b) of the GDPR forms the legal basis for the processing, as we have a legitimate interest in the integrity of our website.

All of the above data will be deleted as soon as we have processed Your request and further clarification is no longer necessary. The deletion is subject to any legal obligations and rights. After contacting us, You can withdraw Your request at any time and object to further processing of Your data.

1.4 Google ReCaptcha

To ensure sufficient data security during the transmission of forms, we use in certain cases the service reCAPTCHA of the company Google Inc. This serves primarily to differentiate whether the entry is made by a natural person or abusively by machine and automated processing. The legal basis for this is Article 6.1 (f) of the GDPR, as we have a legitimate interest in protecting our website from abusive phising and spam.

The service includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google. For more information about Google Inc.'s privacy policy, please visit http://www.google.de/intl/de/privacy or https://www.google.com/intl/de/policies/privacy/.

2. How do we use Your data?

T4E takes reasonable steps to ensure that Your data are and remain relevant to its intended use.

T4E uses the data collected about You for the following general purposes:

1. to communicate with You in general;
2. to respond to Your questions and comments;
3. to measure Your interest in our products, services, and in the T4E’s Website and to improve them;
4. to prevent potentially prohibited or illegal activities;
5. to notify You about our special offers - if You have given Your explicit consent or if there is any other legal basis for doing so -, products or services or those of our partners that may be of interest to You;
6. to solicit information from You i.e. through surveys;
7. to enforce our Terms of Use.

3. With whom do we share Your data?

All the personal data that You provide to us will remain strictly confidential.

We do not pass on personal data to third parties. As a rule, this is only done if the data subject concerned has given its consent or if we use so-called "processors". The processors are external service providers who act on our behalf and in accordance with our instructions (Article 4 (8) of the GDPR).

However, T4E may share Your data with affiliates of T4E and with the toll charging authorities, insofar as this is covered by Your consent or by legal bases. Your data will not be passed on to third parties for direct marketing purposes.

We ensure data protection in the event of commissioned processing by ensuring that our processors provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject (see Article 28 of the GDPR).

Only in exceptional cases personal data is transmitted to third parties and/or recipients outside of commissioned processing. This is done solely in accordance with the requirements of the GDPR and only if an appropriate legal basis is available (e.g. Article 6.4 of the GDPR).

We may also disclose your data if disclosure is necessary to comply with legal requirements.

We - or, in the case of commissioned processing, our service providers - only process personal data in countries within the EU or the European Economic Area that are subject to the scope of the GDPR.

A transfer of personal data to so-called "third countries" is possible in exceptional cases when using commissoned processors or other service providers. "Third countries" are countries outside the European Union and/or the Agreement on the European Economic Area which cannot automatically be considered to have an adequate level of data protection in accordance with EU standards.

Prior to such a transfer, we shall ensure an adequate level of data protection in the respective third country or at the respective recipient in the third country in accordance with Articles 44 ff. of the GDPR is guaranteed, for example by the existence of a so-called "adequacy decision" of the European Commission or by the use of so-called "EU standard contractual clauses". If a recipient of personal data is located in the USA, the principles of the so-called "EU-US Privacy Shield" can also ensure an appropriate level of data protection. We will be happy to provide you with further information on the appropriate and appropriate guarantees for maintaining an appropriate level of data protection upon request; the contact details can be found at the beginning of this data protection information. Information on the participants of the EU-US Privacy Shield can also be found here www.privacyshield.gov/list.

4. Your choices with respect to the collection and use of Your data

As discussed above, You can choose not to provide us with any personal data. Note, however, that some data may be needed to take advantage of certain features offered on the T4E’s Website.

5. How do we protect Your data?

We want You to feel confident about using the T4E’s Website, and for that reason we are committed to protecting the data we collect from You. We have implemented significant and appropriate technical and organizational measures to help protect the personal data that You provide to us from certain risks such as unauthorised access, use or disclosure.

However, You must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others. Hence, we can not guarantee that we will be able to protect Your personal data at all times and in all circumstances.

6. External Links

If any part of the T4E’s Website provides a link to another website, please be aware that those external websites may not provide the same level of privacy protection as the guaranteed data privacy and cookie policy guaranteed by T4E.

We recommend that You examine the privacy statements posted on those websites in order to understand their procedures for collecting, using, and disclosing personal information.

7. Data protection in our contracts and General Terms and Conditions

If you are our contractual partner, we have provided the essential information regarding data processing of your personal data as Controller in our contracts and/or our General Terms and Conditions ("GTC"). The following information therefore only supplements our contracts and our General Terms and Conditions. If you have any further questions, please contact us at the contact details given in the introduction above.

With the collection of the personal data received in the context of the conclusion and execution of the contract we pursue the purpose of being able to fulfill our obligations from the contract. For example, we need Your contact details to provide You with our services.

We also use the data to support You as a customer and for statistical market and opinion research purposes. This is necessary to continuously improve our products and services and to adapt them to the needs of our customers. We only advertise directly if You have given your consent or if there is another legal basis for this according to the Union law of the member states. In the case of given consent, the legal basis for the aforementioned data processing is Article 6.1 (a) of the GDPR, insofar as this is necessary for the fulfilment of the contract and the implementation of pre-contractual measures Article 6.1 (b) of the GDPR, in all other aforementioned cases Article 6.1 (f) of the GDPR (protection of legitimate interests), whereby our legitimate interest is the marketing and continuous improvement of our products and services and their adaptation to the needs of our customers.

We only store personal data as long as this serves a legitimate purpose. If the purpose of the processing no longer applies, we have taken technical and organisational measures to ensure that personal data are deleted or that they are made unrecognisable or restricted. We will store data after the processing purpose has ceased only if this is provided for by the European or national legislator in EU regulations, laws or other regulations to which our company is subject. Such cases are e.g. the existence of justified interests in a storage, for example during the course of limitation periods for the purpose of legal defence against possible claims or e.g. the fulfilment of legal storage obligations. If the aforementioned further storage is no longer covered by the aforementioned standards, we will immediately delete the data or restrict their processing, unless the further storage of the data is necessary for the conclusion of a contract or for other purposes.

In particular, You have the right to withdraw Your consent to the collection and further processing of data on the basis of Your consent. The data processing required for the performance of the contract or the execution of pre-contractual measures is not subject to any right of objection; you can file an objection against the data processing for legitimate interest in accordance with Section 9.

With regard to our direct advertising, we refer to Your right of revocation (in the event of consent given) and to Your right of objection pursuant to Section 9 below (framed).

8. Changes to T4E’s Data Privacy and Cookie Policy

T4E may change or modify T4E’s Data Privacy and Cookie Policy in the future. If we make any material change to this T4E’s Data Privacy and Cookie Policy, we will notify You of such changes by posting a message on the T4E’s Website or by sending You an e-mail or another type of notification, and we will indicate when those changes will become effective.

You can always find the most recent version of our T4E’s Data Privacy and Cookie Policy on our T4E’s Website.

9. Your rights concerning Your Personal Data

Subject to the conditions laid down in the applicable data protection legislation, You have the following rights with respect to Your personal data:

• The right to obtain access to the personal data we hold about You and to obtain a copy of this data, pursuant Article 15 of the GDPR;
• The right to obtain the rectification of Your inaccurate personal data and the right to have incomplete personal data to be completed;
• The right to obtain the erasure of Your personal data pursuant Article 17 of the GDPR;
• The right to obtain the restriction of processing of Your personal data pursuant Article 18 of the GDPR.
• The right to receive the personal data You have provided to T4E in a structured, commonly used and machine-readable format and to transmit those data to You or to another (i.e. the right to data portability) pursuant Article 20 of the GDPR.
• The right to withdraw at any time Your consent to the processing of Your personal data without affecting the lawfulness of the processing, if the processing is based on such consent pursuant Article 7 of the GDPR.

On grounds relating to Your particular situation, You also have the right to object at any time to the processing of Your personal data on the basis of the legitimate interest of T4E acting as Controller pursuant Article 21 of the GDPR. T4E shall perceive Your objections unless compelling legitimate grounds for the processing which override Your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Where Your personal data are processed for direct marketing purposes, You also have the right to object at any time to processing of Your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

For this purpose and to exercise all relevant rights, please address Your request dated together with a copy of Your identity card to Customer Service at T4E: contact@toll4europe.eu.

If You have a complaint concerning the processing of Your personal data, please contact contact@toll4europe.eu. We will then analyse Your complaint and work with You to resolve the matter.

T4E will answer Your query or complaint without undue delay and in any event within one month after having received Your query or request. Taking into account the complexity and the number of requests, that period may be further extended to two more months. You will be informed of such an extension during the first month following the receipt of the request, and the reasons for the delay will also be specified.

If You still feel that Your data has not been handled appropriately in accordance with the law, You can lodge a complaint to the competent supervisory authority pursuant Article 77.1 of the GDPR.

A list of all supervisory authorities can be found at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Date: 28.02.2020