Privacy Policy

Data Protection Notice

In this Data Protection Notice (Privacy Policy) according to Article 13, 14 GDPR we are informing you about the processing of your personal data by Geely Auto Technical (Deutschland) GmbH, Am Prime Parc 2, D-65479 Raunheim (“we”) in the context of the use of the website http://gatd.eu.

Personal data means any information relating to an identified or identifiable natural person. 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.

Processing means any operation or set of operations performed with or without the aid of automated processes in connection with personal data such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1. Who is responsible for data processing and whom can I contact?

The entity responsible for the processing of your personal data (the controller) is:

Geely Auto Technical (Deutschland) GmbH, Am Prime Parc 2, D-65479 Raunheim.

If you have concerns about data protection or if you wish to assert your data protection rights, you can also contact our company’s data protection officer:

Geely Auto Technical (Deutschland) GmbH, Data Protection Officer, Am Prime Parc 2, D-65479 Raunheim. E-Mail:  GATD-DPO@geely.com.

If you have any general questions about this data protection notice or the processing of your personal data by Geely Auto Technical (Deutschland) GmbH, you can also use the aforementioned email address.

2. What data do we process and what sources do such data come from?

2.1 Access to the website

In general you can use the website without providing any personal data.

Each time you access the website, your Internet browser automatically transmits certain information, which we store in so-called “log files”.

In particular, the following information are transmitted automatically:

  • IP address (Internet Protocol address) of the terminal from which the online service is accessed;
  • Internet address of the website from which the online service was accessed (the so-called “source URL” or “referrer URL”);
  • Name of the service provider used to access the online offer;
  • Name of the files or information retrieved;
  • Date and time as well as duration of the retrieval;
  • Transferred data volume;
  • Operating system and information about the Internet browser used, including installed add-ons (e.g., Flash Player);
  • http status code (for example, “request succeeded” or “requested file not found”).

 

In the log files, the above data is stored without your complete IP address, so that it is not possible to trace back the stored log files to you.

2.2 Use of the website / data provided by you Write to Us form.

We process personal data which we receive from your write to us form submission of the website. The personal data include:

  • First name;
  • Last name;
  • Email;
  • Country;
  • Subject category;
  • Message;

Contact form: You can use the contact form to contact our customer service. We process the data provided by you in the form and your contact data (using a processor) to handle your inquiry. As far as this is necessary for the handling, we transmit your data to our Geely partners in order to clarify your request comprehensively, We take your concerns seriously and would like to clarify them together with the affected sales partners. Please let us know if you do not wish this in individual case.

3. For what purposes do we process your data and on which legal basis?

We process your personal data for various purposes in accordance with the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act [Bundesdatenschutzgesetz (“BDSG”)].

The processing of your personal data must be based on one of the following legal bases:

  • You have given your consent (Art. 6 (1) (a) GDPR);
  • Processing is necessary to perform a contract with you, or in order to take steps your request prior to entering into a contract (Art. 6 (1) (b) GDPR);
  • Processing is necessary for compliance with a legal obligation under EU law or under a Member State law to which we are subject (Art. 6 (1) (c) GDPR);
  • Processing is necessary to protect your vital interests or the vital interests of another person (Art. 6 (1) (d) GDPR);
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority which has been vested in us (Art. 6 (1) (e) GDPR);
  • Processing is necessary for the purposes of the legitimate interests pursued by the Geely Auto Technical (Deutschland) GmbH or of a third party, except where these interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, particularly where this concerns a child (Art. 6 (1) (f) GDPR) (“Balancing of interests“).

 

Following on from the above, we process your personal data on the basis of the following legal bases for the following purposes:

Purpose Legal Basis Legitimate Interest for Balancing of Interests
Provision of the website for the general public and for the purpose of enabling contact by interested parties Balancing of interests We have a legitimate interest in providing an Internet presence (website) in an effort to provide general information about our company.
Collection of statistical information on the use of the website (so-called “website analytics”) based on performance / analytics cookies Balancing of interests We have a legitimate interest in receiving information about the use of the website including, in particular, for purposes of improving our offerings.
To contact you and provide you with information that you have requested and deal with any matters arising as a result of that contact Performance of a contract (if the communication relates to a contract we have with you), respectively necessary in order to take steps at your request prior to entering into a contract (if the communication relates to a contract we may enter into with you) or (in all other cases) balancing of interests We have a legitimate interest in communicating with you upon your request and to deal with any matters arising of that contact.
Identification of disruptions and assurance of system security, including detection and tracking of unauthorized access attempts and access to our web servers Compliance with our legal obligations with respect to data security (as far as we are legally obliged under EU or  Member State law to carry out these measures); in all other cases balancing of interests We have a legitimate interest in eliminating disruptions, ensuring system security, and detecting and tracking unauthorized access attempts.
Compliance with fiscal control and reporting obligations, archiving of data Compliance with legal obligations (under EU or Member State law), Balancing of interests (other law) We have a legitimate interest in complying with our legal obligations arising from other law.
Disclosure within the scope of official/judicial measures for the purposes of gathering evidence, prosecution and enforcement of civil claims Compliance with legal obligations (as far as we are legally obliged to carry out these measures under EU or Member State law), in all other cases balancing of interests We have a legitimate interest in disclosing personal data if it can serve as evidence, assist in prosecution and/or allows us to enforce civil claims.
Audit and special audits, internal investigations Balancing of interests We have a legitimate interest in the verification of compliance with contractual and statutory obligations by Geely Auto Technical (Deutschland) GmbH, its employees and its partners
Statistical evaluations for corporate management, cost recording and controlling Balancing of interests We have a legitimate interest in carrying out evaluations for the control of our business processes and cost control.
Assertion of legal claims and defence in legal disputes Balancing of interests We have a legitimate interest in the assertion, exercise or defence of legal claims.

 

Please observe your rights of objection when processing data for the purpose of direct marketing or for personal reasons and your right to withdraw consent (see section “What rights do you have?” and section “Information about your rights of objection”).

3.1 Is there an obligation to provide data?

In the context of our business relationship, you need to provide only the personal data that is required to enter into or conduct a business relationship or that we are required to collect by law. Without this data, we will generally have to refuse to enter into the contract, or we will be unable to perform under an existing contract and possibly may have to terminate it.

4. Who receives my data?

Due to the size and complexity of the data processing by Geely Auto Technical (Deutschland) GmbH, it is not possible to list each recipient of your personal data individually in this data protection notice, which is why usually only categories of recipients are specified.

Within Geely Auto Technical (Deutschland) GmbH, your data is provided to the respective departments that need such data for data processing (e.g. HR, customer support, IT)

Third-party service providers engaged by us and working on our order to support data processing (so-called “processors”) may also receive data for these purposes. Service providers can also be commissioned to provide server capacity. This includes:

  • Hosting providers
  • Homepage designer
  • Cloud Service Provider

Your personal data will be disclosed by us to third parties only if this is necessary for the fulfilment of the contract, if we or the third party have a legitimate interest in the disclosure, or if you have given your consent. In addition, data may be transferred to third parties to the extent we are required to do so by law or by enforceable regulatory or judicial order. Third parties to whom we may transfer your personal data, irrespective of the services we provide, include

  • External consultants of Geely Auto Technical (Deutschland) GmbH (e.g. attorneys, tax consultant, chartered accountant)
  • Authorities within their jurisdiction (e.g. tax office, police, public prosecutor’s office),
  • Courts
  • Other third parties, if you instruct us to pass on data or give your consent.

 

5. Are data transmitted to a third country?

We transfer your data to other countries or third countries. In individual cases, personal data may also be passed on to authorities and courts in third countries. In addition, we also pass on your personal data to contract processors in third countries. These include: China and the USA. A transfer of data to third countries (i.e., countries that are neither members of the European Union nor of the European Economic Area) may occur to the extent necessary to perform services for you, if required by law, or where you have given us your consent.

Please note that not all third countries have a data protection level recognized as adequate by the European Commission. For data transfers to third countries where there is no adequate level of data protection, before we share data, we will ensure that the recipient either has an adequate level of data protection (e.g., through self-certification by the recipient for the EU-US Privacy Shield or by an agreement containing so-called “EU standard contractual clauses” of the European Union with the recipient) or that our users have given their express consent.

You can obtain from us a copy of the specific applicable or agreed provisions to ensure an adequate level of data protection. To do so, please use the information in the Contact section.

6. How long will my data be stored?

We store your data as long as necessary for the provision of our services to you or do so if we have a legitimate interest in the continued storage.

We will only store your data for as long as is needed to achieve whatever purpose we’re pursuing. We strive to define retention periods for all data and implement procedures for making sure that data is not stored for unnecessarily long periods of time. Other times, our retention of your data will be determined on a case-by-case basis, taking into considerations the principle of data minimization. In addition, the storage period is also assessed according to the statutory limitation periods.

In addition, we are subject to various retention and documentation requirements pursuant to, inter alia, the German Commercial Code (Handelsgesetzbuch – “HGB”) and the Tax Code (Abgabenordnung – “AO”). The retention and documentation periods specified therein last up to ten years. Finally, the storage period is also governed by statute of limitations periods, which can be up to thirty years, for example, pursuant to secs. 195 et seq. of the German Civil Code (Bürgerliches Gesetzbuch – “BGB”), whereby the general limitations period is three years.

Under certain circumstances, your data may need to be kept longer, e.g. if a legal hold or litigation hold (i.e. a ban on deleting data for the duration of the proceedings) is ordered in connection with official or judicial proceedings.

7. What rights do I have?

As the data subject, you are entitled to the following data protection rights:

Access: You have the right to request access to personal data related to you and stored at Geely Auto Technical (Deutschland) GmbH and about the scope of data processing and data transfer performed by Geely Auto Technical (Deutschland) GmbH and to obtain a copy of your stored personal data.
Rectification: With respect to your personal data stored at Geely Auto Technical (Deutschland) GmbH, you have the right to demand the immediate rectification of incorrect personal data and you have the right to have incomplete personal data completed.
Erasure:

You have the right to demand the immediate deletion or erasure of your personal data stored by Geely Auto Technical (Deutschland) GmbH, if the legal requirements are satisfied.

This is the case, in particular, if

·       your personal data is no longer needed for the purposes for which it was collected;

·       the sole legal basis for processing such data was your consent, and you have withdrawn such consent;

·       you have objected to processing on the legal grounds relating to your particular situation, and we cannot prove that there are overriding legitimate grounds for processing;

·       your personal data were processed unlawfully; or

·       your personal data must be erased in order to comply with legal requirements.

If we have transmitted your data to third parties, we will inform them about the erasure to the extent required by law.

Please note that your right to erasure is subject to certain limitations. For example, we may not and/or must not erase data that we are still required to retain due to statutory retention obligations. In addition, your right of erasure does not extend to data that we need in order to assert, exercise or defend against legal claims, unless other grounds for continued storage exist.

Restriction to the Processing:

Under certain conditions, you have the right to request that processing be limited (i.e., the marking of stored personal data with the aim of limiting its processing in the future). The requirements are:

·       The accuracy of your personal data is contested by you and Geely Auto Technical (Deutschland) GmbH must verify the accuracy of the personal data;

·       the processing is unlawful, but you oppose the erasure of the personal data and request the restriction of their use instead;

·       Geely Auto Technical (Deutschland) GmbH no longer needs the personal data for the purposes of processing, but you require the data to establish, exercise or defend your legal claims.

·       you have objected to processing pending the verification of whether the legitimate grounds of Geely Auto Technical (Deutschland) GmbH override your legitimate grounds.

Where processing has been restricted, such data will be marked accordingly and, with the exception of storage, will be processed only with your consent 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 important public interest the EU or an EU Member State.

Data Portability: To the extent that we automatically process your personal data that you have provided to us based on your consent or any contract with you (including your employment contract), you have the right to receive such data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from Geely Auto Technical (Deutschland) GmbH. You also have the right to have the personal data transmitted directly from Geely Auto Technical (Deutschland) GmbH to another controller where technically feasible, provided that such transmission does not adversely affect the rights and freedoms of others.
Right to Object: If we process your personal data on grounds of legitimate interests or in the public interest, then you have the right to object to the processing of your personal data on grounds relating to your particular situation. In addition, you have an unrestricted right to object if we process your data for our direct marketing purposes. Please see our separate note in the section titled “Information about your right to object”.
Withdrawal of Consent: If you have given consent to the processing of your personal data, then you can withdraw such consent at any time. Please note that the withdrawal applies to future processing only. Processing that occurred before the withdrawal of consent is unaffected.
Complaint:

Furthermore, you have a right to file a complaint with a data protection authority (Datenschutzaufsichtsbehörde), if you believe that the processing of your personal data is unlawful. The right to file a complaint is without prejudice to any other administrative or judicial remedies.

The address of the data protection supervisory authority responsible for Geely Auto Technical (Deutschland) GmbH is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit

Postfach 3163

65021 Wiesbaden

Deutschland

 

7.1 Information about Your Right to Object

Right to object for personal reasons

You have the right to object to the processing of your personal data on grounds relating to your particular situation. The prerequisite for this is that the data processing takes place in the public interest or on the basis of a balancing of interests. This applies also to profiling.

Insofar as we base the processing of your personal data on a balancing of interests, we generally assume that we can demonstrate compelling legitimate grounds but will, of course, examine each individual case.

In the event of an objection, we will no longer process your personal data, unless

  • we can demonstrate compelling legitimate grounds (zwingende schutzwürdige Gründe) for the processing of these data that override your interests, rights and freedoms, or
  •  your personal data serves the establishment, exercise or defence of legal claims.

Objection to the processing of your data for our direct marketing purposes

If we process your personal data for the purpose of direct advertising, you have the right at any time to object to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising.

If you object to the processing for purposes of direct marketing, we will no longer process your personal data for these purposes.

Exercise of the right of objection

The objection can be made without form and should preferably be made to the contact data listed in this data protection notice.

8. Website analytics

8.1 Cookies

On our website we use technologies making the usage easier and more user-friendly or provide additional functionality (thus making the website more user-friendly, effective and secure). Those technologies include e.g. cookies, pixel and scripts (hereinafter “cookies”).

Cookies are small files that are stored on the user’s computer or other mobile or handheld device when visiting a website. They are used to “remember” when your computer or device accesses this website. Cookies are stored in your browser and will help the website, or another website, to recognize your device the next time you visit. Most cookies won’t collect information that identifies you as a person (personal data), and will instead collect more general information such as how users arrive at and use our website. Cookies may, however, be used to create a profile of the users’ activities on the internet.

Please refer to our cookie policy at https://www.gatd.eu/cookies/ for details on the cookies we use.

8.2 Website analytics

We use a tool called “Google Analytics” to collect information about use of this site based on performance / analytics cookies. Google Analytics is provided by Google LLC, USA (“Google“) and collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. On our behalf, Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity, and providing other services relating to website activity and internet usage to We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information, and will truncate the last octet of the IP address upon collection; only in exceptional cases, the full IP address is sent to and shortened by Google in the USA. Neither we nor Google combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google and subject to our instructions. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Nutzungsbedingungen für Google Analytics. Google is certified under the EU-US Privacy Shield.

You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser or by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=de.