Data protection declaration according to Art. 13, 14 General Data Protection Declaration (GDPR)

We process your personal data exclusively within the framework of the statutory provisions. This includes the following categories of personal data: master data (e.g., last name, first name, address, contact data: email address, mobile phone no., driver’s license no., date of birth); bank data (credit card, debit account/IBAN).

1 Controller and data protection officer

The controller for the processing of your personal data is SWK Stadtwerke Kaiserslautern Versorgungs-AG. You can reach our data protection officer at the email address datenschutz@swk.-kl.de or at this phone number: +49 631 8001-1200.

2 Purpose and legal basis of the processing of personal data

Car-sharing is the rental of electric vehicles via a platform. After registering, the user is given access to the booking, transfer of use for rental purposes, and use of vehicles.

2.1 Data processing for the purpose of contract initiation and processing (Art. 6 para. 1 b GDPR)

The processing of the data is necessary for the initiation, execution, and billing of your contract.

2.2 Data processing for legitimate interest (Art. 6 para. 1 f GDPR)

We process your data in a permissible manner to protect our legitimate interests. This includes the use of your personal data

• to provide you with product information on services and benefits related to electromobility;

• to carry out measures to improve and develop services and products in order to be able to offer you a customized approach with tailor-made offers and products (newsletter with information on new locations, vehicles, …);

• to conduct market and opinion research or have it conducted by market and opinion research institutes. This gives us an overview of the transparency and quality of our products, services, and communication and enables us to align and design these in the interest of our customers.

• to enter into consultation and data exchange with credit agencies (e.g., Schufa, Creditreform) to determine creditworthiness or payment default risks, in particular if the requirements of Sec 31 of the German Federal Data Protection Act (BDSG) apply;

• to assert legal claims and for defense in legal disputes;

• to investigate or prevent criminal offenses or administrative offenses (e.g., in the event of inquiries from investigating authorities regarding accidents or criminal offenses, violations of the German Road Traffic Act (StVO));

• to carry out address investigations (e.g., in the event of relocations);

• in an anonymous form for analysis purposes.

Should we wish to process your personal data for a purpose not previously specified, we will inform you in advance in accordance with the statutory provisions.

2.3 Data processing due to legal requirements (Art. 6 para. 1 c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)

As a company, we are subject to various legal obligations (e.g., tax laws, German Commercial Code) that make it necessary to process your data in order to comply with the law and to perform tasks that are in the public interest.

3 (Categories of) Recipients/disclosure of personal data/third country

Within our company, those departments that need your data to fulfill the above-mentioned purposes will have access to your data (see 2. Purpose and legal basis of the processing of personal data). This also applies to service providers and vicarious agents used by us. We only transfer personal data to third parties if this is necessary for the aforementioned purposes or if you have given your prior consent.

Recipients of personal data can be, for example: print service providers, call centers, analysis specialists, credit agencies, metering point and network operators, or debt collection service providers.
 

Data transfer to SCHUFA

We transmit personal data collected in the context of this contractual relationship regarding the application, execution, and termination of this business relationship as well as data on non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany. The legal basis of these transfers are Article 6(1)b) and Article 6(1)(f) of the General Data Protection Regulation (GDPR). Transfers on the basis of Article 6(1)(f) GDPR may only take place if this is necessary to safeguard the legitimate interests of us or third parties and does not outweigh the interests or fundamental rights and freedoms of the data subject that require the protection of personal data. The exchange of data with SCHUFA also serves to fulfill legal obligations to carry out creditworthiness checks on customers (Sections 505a and 506 of the German Civil Code (BGB)).

SCHUFA processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and Switzerland and, if applicable, other third countries (provided that an adequacy decision of the European Commission exists for these) with information, including for assessing the creditworthiness of natural persons. Further information on the activities of SCHUFA can be found in the SCHUFA information sheet in accordance with Art. 14 GDPR or online at www.schufa.de/datenschutz.

4 Duration of storage and deletion of personal data

We store your personal data for the above-mentioned purposes (see 2. Purpose and legal basis of the processing of personal data). Your data will be processed for the first time from the time it is collected, insofar as you or a third party provide it to us. We delete your personal data when the contractual relationship with you has ended, all mutual claims have been satisfied, and there are no other statutory retention obligations or legal justifications for storage. These include, among others, retention obligations under the German Commercial Code (HGB) and the German Fiscal Code (AO). This means that we will delete your personal data at the latest after expiry of the statutory retention obligations, which is usually 10 years after the end of the contract.

Rights of data subjects/your rights

If you have any questions or complaints about data protection, please contact our company SWK Stadtwerke Kaiserslautern Versorgungs-AG. This includes the right to information under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to deletion under Art. 17 GDPR, the right to restriction of processing under Art. 18 GDPR, the right to object under Art. 21 GDPR, and the right to data portability under Art. 20 GDPR. You also have the option of contacting the responsible supervisory authority.

4.1 Right to object

If we process data to protect our legitimate interests (see 2.2 Data processing for legitimate interest) or in the public interest (see 2.3 Data processing in the public interest), you have the right to object to this processing at any time on grounds relating to your particular situation. This also includes the right to object to the processing for the provision of personal data.

As part of our business relationship, you must provide the personal data (see Categories of personal data) that is necessary for the establishment and execution of the business relationship and the fulfillment of the associated contractual obligations or that we are legally obliged to collect. Without this data, we cannot enter into the contract.

5 Automated decision-making

No automated decision-making, including profiling, is used to establish and execute this contract.

6 Data sources

We process personal data that we receive from our customers as part of our business relationship. We also process personal data that we are permitted to obtain from publicly accessible sources, e.g., from debtor directories, land registers, commercial and association registers, the press, and the Internet. Furthermore, we use personal data that we permissibly receive from companies within our Group or from third parties, e.g., credit agencies.

7 Amendment clause

As our data processing is subject to change, we will also adapt our data protection information from time to time. We will inform you of any changes in good time.