Data protection

Privacy Policy

Name and contact of the controller pursuant to Article 4(7) DSGVO

Onspire Marketing Ltd.
47, 1st of April Street, Office 21
3117 Limassol, Cyprus
Represented by the Managing Director Mr Bernhard Frank

Security and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorized access. Therefore, we use extreme care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers. If processing of your personal data takes place in a third country, we guarantee compliance with the relevant provisions of the DS-GVO and provide evidence of this upon request.

Definitions

The legislator requires that personal data are processed lawfully, fairly and in a manner that is comprehensible to the data subject (“lawfulness, fair processing, transparency”). To ensure this, we inform you about the individual legal definitions, which are also used in this privacy policy:

1. Personal Data

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. Processing

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3. Restriction of processing

“Restriction of processing” is the marking of stored personal data with the aim of limiting its future processing.

4. Profiling

“Profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

5. Pseudonymization

“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.

6. File system

“File system” means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained in a centralised, decentralised or functional or geographical manner.

7. Responsible party

“Controller” means a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.

8. Processors

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9. Recipient

“Recipient” means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules, in accordance with the purposes of the processing.

10. Third Party

“Third party” means any natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorised to process the personal data.

11. Consent

A “consent” of the data subject is any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

Legality of processing

The processing of personal data is only lawful if there is a legal basis for the processing. Legal basis for the processing can be according to Article 6 para 1
lit. a – f DSGVO in particular:

1. The data subject has given consent to the processing of personal data relating to him or her for one or more specific purposes;
2. the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
3. the processing is necessary for compliance with a legal obligation to which the controller is subject;
4. the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5. the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6. the processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child;

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Information on the collection of personal data

(1) In the following, we inform about the collection of personal data when using our website. Personal data are, for example, name, address, e-mail addresses, user behavior.

(2) If you contact us by e-mail, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary, or the processing is restricted if there are legal retention obligations.

Collection of personal data when visiting our website

When you use the website merely for information purposes, i.e. when you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• amount of data transferred

in each case.

• Website from which the request came
• Browser
• Operating system and its interface
• Language and version of the browser software

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Use of cookies

In addition to the previously mentioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive associated with the browser you are using and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

a) This website uses the following types of cookies, the scope and functionality of which are explained below:

• Transient cookies (in addition b)
• Persistent cookies (for this purpose c)

b) Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.

c) Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

c) You can configure your browser settings according to your preferences and refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies set by a third party, consequently not by the actual website you are currently on. Please note that by disabling cookies you may not be able to use all the features of this website.

d) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f DSGVO.

e) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. The user data collected through technically necessary cookies are not used to create user profiles. In the aforementioned purposes also lies our legitimate interest in the processing of personal data in accordance with Art. 6 (1) lit. f DSGVO.

f) On our website, we also allow our advertising partner Billiger-Mietwagen.de / Silvertours GmbH to collect data from our users with the help of advertising cookies. This enables Billiger-Mietwagen.de / Silvertours GmbH to display interest-based advertising to users of our online offering, based on an analysis of their usage behaviour (e.g. advertising banners clicked, sub-pages visited, search queries made) overall and not limited to our online offering.

Because of the advertising cookies used, your browser automatically establishes a direct connection with the server of Billiger-Mietwagen.de / Silvertours GmbH. We have no influence on the scope and further use of the data collected through the use of these cookies.

You can prevent the use of cookies at Billiger-Mietwagen.de / Silvertours GmbH at https://www.billiger-mietwagen.de/datenschutz.htm#VerwendungVonCookiesVerhindern or delete existing cookies.

The legal basis for the processing of your data is Art. 6 para.1 lit. f DSGVO. Further information on data protection at BMW can be found here: https://www.billiger-mietwagen.de/datenschutz.htm

Other features and offerings of our website

(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you will usually have to provide further personal data, which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.

(3) Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information about this when you provide your personal data or below in the description of the offer.

(4) Insofar as our service providers or partners have their registered office in a state outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer

Children

Our offer is generally aimed at adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or guardians.

Rights of the data subject

(1) Withdrawal of consent

If the processing of personal data is based on consent given, you have the right to withdraw your consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

To exercise the right of withdrawal, you can contact us at any time.

(2) Right to confirmation

You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.

(3) Right of access

If personal data is processed, you can request information about this personal data and about the following information at any time:

1. the purposes of processing;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
4. where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
5. the existence of a right to obtain the rectification or erasure of personal data concerning you, or to obtain the restriction of processing by the controller, or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data are not collected from the data subject, any available information on the origin of the data;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject;

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Where personal data is transferred to a third country or to an international organisation, you have the right to be informed about the appropriate safeguards pursuant to Article 46 GDPR in relation to the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request person, we may charge a reasonable fee based on the administrative costs. If you make the request electronically, the information must be provided in a commonly used electronic format unless it states otherwise. The right to receive a copy under paragraph 3 must not prejudice the rights and freedoms of other persons.

(4) Right to rectification

You have the right to request that we rectify any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

(5) Right to erasure (“right to be forgotten”)

You have the right to request that the controller erases personal data relating to you without undue delay, and we are obliged to erase personal data without undue delay, if one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

3. The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
4. The personal data have been processed unlawfully.
5. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
6. The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

If the controller has made the personal data public and is obliged to erase it pursuant to paragraph 1, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that a data subject has requested that they erase all links to or copies or replications of such personal data.

The right to erasure (“right to be forgotten”) does not exist to the extent that the processing is necessary:

• for the exercise of the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in paragraph 1 is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
• for the assertion, exercise or defence of legal claims.

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(6) Right to restriction of processing

You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:

1. the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data,
2. the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
3. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defence of legal claims; or
4. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.

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Where processing has been restricted in accordance with the above conditions, such personal data shall – apart from being stored – only be processed with the consent of the data subject 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 substantial public interest of the Union or of a Member State.

To exercise the right to restrict the processing, the data subject may at any time contact us at the contact details provided above.

(7) Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

1. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the GDPR and
2. the processing is carried out with the aid of automated procedures.

When exercising the right to data portability pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data, unless he can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If personal data are processed for the purposes of direct marketing, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

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

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes, or for statistical purposes as referred to in Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.

You can exercise the right to object at any time by contacting the relevant controller.

(9) Automated decisions in individual cases 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. This does not apply if the decision:

1. is necessary for the conclusion or performance of a contract between the data subject and the controller,
2. is authorised by Union or Member State legislation to which the controller is subject, and that legislation contains suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
3. with the explicit consent of the data subject.

The controller shall take reasonable steps to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and contest the decision.

The data subject may exercise this right at any time by contacting the relevant controller.

(10) Right to complain to a supervisory authority

They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this Regulation.

(11) Right to an effective judicial remedy

You have the right to an effective judicial remedy, without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, if it considers that your rights to which you are entitled under this Regulation have been infringed as a result of the processing of your personal data not in compliance with this Regulation.

Use of Google Analytics

(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to 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. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in a shortened form, which means that it is not possible to relate them to a specific person. As far as the data collected about you a personal reference, this is excluded immediately and the personal data is deleted immediately.

(5) We use Google Analytics to analyze and regularly improve the use of our website. Through the statistics obtained, we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f DSGVO.

(6) Third-party provider information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User terms: http://www.google.com/analytics/terms/de.html, privacy overview: http://www.google.com/intl/de/analytics/learn/privacy.html, and privacy policy: http://www.google.de/intl/de/policies/privacy.

(7) This website also uses Google Analytics for cross-device analysis of visitor flows, which is performed via a user ID. You can disable cross-device analysis of your usage in your customer account under “My Data”, “Personal Data”.

Changes to this privacy policy

We reserve the right to change our privacy statements if necessary due to new technologies. Please ensure that you have the most current version. If any fundamental changes are made to this privacy statement, we will post them on our website.