Stand March 2018
Data protection declaration
Thank you for your interest in our company. Data protection is of particular importance to us. The use of our website is generally possible without the disclosure of any personal data. However, if you wish to make use of special services provided by our company via our website, it may be necessary to process your personal data.
Therefore we would like to inform you comprehensively in the following.
I. Name and address of the person responsible
The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations :
Groß- und Einzelhandel
Oppenheimer Weg 21b
E-mail: info@n-vdb. de
Website: http://n-vdb. de/
II. General information on data processing
We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
In particular, we offer the possibility of selling and buying used and new spare parts via our website. Furthermore - due to our contacts -we also arrange complete motorcycles for sale. To contact us we offer the possibility to use a form on our website. In order to place orders, each customer must set up a password-protected customer account.
We would also like to point out that
Internet-based data transmission can always have security gaps. A complete protection against access by third parties is therefore impossible.
This data protection declaration is based on the definitions used by the Europe anlegislator of directives and regulations when adopting the DSGVO (Art. 4 DSGVO).
The legal basis for the processing of personal data results from in sofar as we obtain the consent of the data subject for the processing of personal data, pursuant to Art. 6 para. 1 lit. a of the EU Data Protection Ordinance (DSGVO)
In the processing of personal data necessary for the performance of a contract to whichthe data subject is a party, pursuant to Article 6(1)(b) of the DSBER (this also applies to processing operations necessary for the implementation of pre-contractual measures)
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, pursuant to Art. 6 para. 1 lit. c DSGVO
In the event that the vital interests of the data subject or another natural person require the processing of personal data, from Art. 6 para. 1 lit. d DSGVO
If processing is necessary to safeguard a legitimate interest of our company or a thirdparty and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, from Art. 6 para. 1 lit. f DSGVO.
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the before mentioned standards expires, unlessthere is a need for further storage of the data for the conclusion or fulfilment of acontract.
III. Provision of the website and creation of log files
On the basis of the legal basis of Art. 6 para. 1 lit. f DSGVO, our system automatically collects data and information from the computer system of the calling computer each time our website is accessed. The following data can be collected:
Information about the browser type and version used.
The user's operating system.
The user's Internet service provider.
The IP address of the user.
Date and time of access.
Websites from which the user's system reaches our website,
Websites accessed by the user's system via our website.
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.
This data can also be stored in the log files of our system. This data is not stored together with other personal data of the user. When using this general data and information, we do not draw any conclusions about the person concerned. The data is stored in log files to ensure the functionality of the website. In addition, the data servesus to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. fDSGVO also lies in these purposes.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
The collection of data for the provision of the website and the storage of data in log filesis absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. fDSGVO.
V. Registration on our website
On our website, we offer users the opportunity to register by providing personal data. A registration of the user is necessary for the provision of certain contents and services on our website. In particular, it is helpful in fulfilling a contract with the user or in implementing pre-contractual measures. In particular, this concerns the possibility of making use of our mail order business for motorcycle parts for classic Italian motorcycles, primarily of the Moto Guzzi brand. Through our online shop, users canpurchase both used and new spare parts. By registering, the user can become an existing customer, with which he can, among other things, create watch lists and view his orders clearly.
The data is entered into an input mask and transmitted to us and saved. The data will not be passed on to third parties. Mandatory information required for registration is marked separately, further information is optional. As part of the registration process, only information about first and last name and address is collected. Further informationis voluntary. In addition, the user's IP address and the date and time of registration maybe stored. During registration, reference is made to this data protection declaration.
In the course of the registration process, the user's consent to the processing of this data is obtained. The legal basis for the processing of data is therefore Art. 6 para. 1 lit. a DSGVO. If registration serves the fulfilment of a contract to which the user is a partyor the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case for those during the registration process to fulfil a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after conclusion of the contract, it maystill be necessary to store personal data of the contractual partner in order to fulfil contractual or legal obligations.
The user has the possibility to cancel the registration at any time. The user can change the data stored about the user at any time. The user can change his personal data independently via the internal menu under "my account". The user can arrange for the deletion by simply requesting the person responsible. He will immediately take care ofthe user's request and delete his data comprehensively. The user can contact the responsible person via the contact data given in the imprint or the form sheet of the website. If the data is required to fulfil a contract or to carry out pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.
VI. Use of our webshop
If the user wishes to order in our webshop, it is necessary for the conclusion of the contract that he enters personal data which are required for the processing of his order. Required information for the execution of the contracts are marked separately, further information is voluntary. We process the data provided by the user to process the order. In particular, the information required for shipping will be provided to a shipping serviceprovider (DHL or similar). Furthermore, it may become necessary to make the data available to a tax consultant and the responsible tax office within the framework ofinvoice verification. During the ordering process, reference is made to this dataprotection declaration. The processing of the data is based on the consent of the userand in all other respects on Art. 6 Para. 1 S. 1 lit. b DS-GMO.
The user can either order as a guest without prior registration or after voluntary registration with the data stored under his account. Payment in our webshop is made by bank transfer by the user, so that no further data is collected. The transmission of data within the framework of the transfer is voluntary by the user. Furthermore, we offer the user the possibility to pay via PayPal. Please refer to the separate information below on using PayPal.
If the user uses the option of prior registration, we refer to the prior registration information. If, however, the user orders as a guest, the user can arrange for his data to be deleted or modified by simply requesting the person responsible. The latter will immediately take care of the user's concerns and delete or modify the user's datacomprehensively. The user can contact the responsible person via the contact data given in the imprint or the form sheet of the website. If the data is required to fulfil acontract or to carry out pre-contractual measures, premature deletion of the data isonly possible insofar as there are no contractual or statutory obligations to the contrary. In particular, we would like to point out that we are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, aftera reasonable period of time, we restrict processing, i. e. the user's data will only be used to comply with legal obligations. To prevent unauthorized access to your personal data, especially financial data, the order process is encrypted.
We have integrated components of PayPal on this website for payment within the framework of the webshop. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible toinitiate online payments to third parties or to receive payments. PayPal also acts as a trustee and provides buyer protection services.
The purpose of data transmission is to process payments and prevent fraud. We will transfer personal data to PayPal in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and us may be transferred byPayPal to credit agencies. The purpose of this transmission is to verify identity and creditworthiness.
PayPal may pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of PayPal.
The user has the possibility to revoke his consent to the handling of personal data toPayPal at any time. A revocation does not affect personal data which must be processed, used or transmitted for (contractual) payment processing.
https://www. paypal. com/de/webapps/mpp/ua/privacy-full
can be called up.
VIII. Contact form and e-mail contact
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are in particular the first and last name as well as the e-mail address of the user. At the time the message is sent, the user's IP address and the date and time can also be stored. For the processing of the data, the user's consent is obtained and reference is made to this data protection declaration within the scope of the sending process.
Alternatively, you can contact us via the e-mail address provided. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b DSGVO.
The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data. The othe rpersonal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contactform and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can beinferred from the circumstances that the facts in question have been finally clarified. The additional personal data collected during the sending process will be deleted after aperiod of seven days at the latest.
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personaldata at any time. In such a case, the conversation cannot be continued. The revocation of the consent and the objection of the storage can take place by request of the responsible person. This request can be made in writing, by e-mail, via the contact formor verbally. All personal data stored in the course of contacting us will be deleted in thiscase.
IX. Rights of the data subject
If personal data are processed by the user, the user is affected within the meaning ofthe DSGVO and is entitled to the following rights vis-à-vis the person responsible:
1. Right to information
The user may request confirmation from the person responsible as to whether personaldata relating to him/her are processed by us.
If such processing has taken place, the user can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, aright to limitation 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) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance withArt. 22 para. 1 and 4 DSGVO and - at least in these cases - meaningful information onthe logic involved and the scope and intended effects of such processing for the datasubject.
The user has the right to request information as to whether personal data concerninghim are transferred to a third country or to an international organisation. In this context, the user may request to be informed of the appropriate guarantees in accordance with Article 46 DSGVO in connection with the transmission.
2. The right to correction
The user has a right of correction and/or completion vis-à-vis the person responsible if the processed personal data concerning the user are incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) If the user disputes the correctness of the personal data concerning him for a period which enables the responsible person to check the correctness of the personal data.
(2) If the processing is unlawful and the user refuses to delete the personal data and instead requests the restriction of the use of the personal data.
(3) If the data controller no longer needs the personal data for the purposes of the processing, but the user needs them to assert, exercise or defend legal claims.
(4) If the user has filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh the reasons of the user.
Where the processing of personal data relating to the user has been restricted, suchdata may only be processed – a part from being stored - with the consent of the user or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of theUnion or a Member State.
If the restriction of the processing has been restricted according to the above-mentioned conditions, the user will be informed by the person responsible before the restriction is lifted.
4. Right to cancellation
a) Duty to delete
The user may require the data controller to delete personal data relating to him/her without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
(1) The personal data concerning the user are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) The user revokes his consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.
(3) The User shall object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or the User shall object to the processing pursuant to Art. 21 para. 2 DSGVO.
(4) The personal data concerning the user have been processed unlawfully.
(5).The deletion of personal data relating to the user shall be necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controlleris subject.
(6) The personal data concerning the user were collected in relation to information society services offered in accordance with Art. 8 para. 1 DSGVO.
Information Society pursuant to Art. 8 para. 1 DSGVO.
b) Information to third parties
If the data controller has made the personal data relating to the user public and isobliged to delete them in accordance with Art. 17 para. 1 DSGVO, the data controller shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data, that the user as the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data.
The right to cancellation does not exist insofar as the processing is necessary
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, in sofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If the user has exercised the right of rectification, cancellation or restriction of processing against the controller, the latter shall be obliged to inform all recipients to whom the personal data relating to the user have been disclosed of this rectification or cancellation of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
The user has the right vis-à-vis the person responsible to be informed about theserecipients.
6. Right to data transferability
The user has the right to receive the personal data concerning him which the user has provided to the person responsible in a structured, common and machine-readable format. In addition, the user has the right to transmit this data to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) processing is carried out by means of automated methods.
In exercising this right, the user also has the right to request that the personal data concerning him/her be transmitted directly by a person in charge to another person in charge, in sofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessaryfor the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
The user has the right to object at any time, for reasons arising from his particular situation, to the processing of personal data concerning him, which is based on Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The data controller no longer processes the personal data relating to the user, unless he can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the user, or the processing serves to assert, exercise or defend legal claims.
If personal data concerning the user are processed for direct marketing purposes, the user has the right to object at any time to the processing of personal data concerninghim for the purpose of such advertising; this also applies to profiling insofar as it isassociated with such direct marketing.
If the user objects to the processing for direct marketing purposes, the personal data concerning him will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, the user may exercise his right of opposition in connection with the use of Information Society services by means of automated procedures using technical specifications.
8 Right to revoke the data protection declaration of consent
The user has the right to revoke his data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
The user has the right not to be subject to a decision based exclusively on automated processing - including profiling - which has legal effect against him or significantly impairs him in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between the user and the person responsible,
(2) is admissible by law of the Union or of the Member States to which the controller is subject and that law contains appropriate measures to safeguard the rights and freedoms of the user and his legitimate interests; or
(3) with the express consent of the user.
However, these decisions may not be based on special categories of personal datapursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms as well asthe legitimate interests of the user.
In the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the user, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, the user has the right of appeal to a supervisory authority, in particular in the Member State of the user's place of residence, workplace or suspected in fringement, if the user considers that the processing of personal data concerning him is contrary to the DSGVO.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of ajudicial remedy under Article 78 DSGVO.