Data protection information
Schwarz Mobility Solutions GmbH
This data protection notice informs you about the processing of your personal data and your rights under the General Data Protection Regulation (GDPR).
Table of contents
1. controller
2. details of the data processing
2.1 Use of our website
2.1.1 Purposes and legal bases
2.1.2 Recipients/categories of recipients
2.1.3 Storage period/criteria for the storage period
2.2 Communication by e-mail/ post/ telephone/ contact form
2.2.1 Purposes and legal bases
2.2.2 Storage period/ criteria for the storage period
2.3 Watch list
2.3.1 Purposes and legal bases
2.3.2 Storage period/criteria for the storage period
2.4 Google Maps
3. use of cookies and similar technologies
3.1 Cookies
3.1.1 Purposes, data types and legal bases
3.1.2 Recipients/categories of recipients
3.1.3 Storage period/criteria for the storage period
3.2 Consent management
3.2.1 Purposes and legal bases
3.2.2 Transfer to recipients in third countries
3.3 Google Analytics
3.3.1 Purposes and legal bases
3.3.2 Recipients/categories of recipients
3.3.3 Storage period/criteria for the storage period
4 Our pages in the social media
4.1 Responsibilities
4.2 Purposes and legal bases
4.3 Recipients / categories of recipients
4.4 Transfer to recipients in third countries
4.5 Storage period / criteria for the storage period
5. data protection information for prospective and existing vehicle buyers
5.1 Carrying out test drives
5.1.1 Purposes and legal bases
5.1.2 Recipients/categories of recipients
5.1.3 Storage period/criteria for the storage period
5.2 Preparation of offers and creation of search requests
5.2.1 Purposes and legal bases
5.2.2 Recipients/categories of recipients
5.2.3 Storage period/criteria for storage
5.3 Preparation and conclusion of the contract for the purchase of a used car
5.3.1 Purposes and legal basis of data processing
5.3.2 Recipients/categories of recipients
5.3.3 Storage period/criteria for storage
6. obligation to provide your data
1. controller
Unless otherwise stated below, the controller (Art. 4 No. 7 GDPR) for the data processing described below is
Schwarz Mobility Solutions GmbH
Stiftsbergstraße 1
74172 Neckarsulm, Germany
E-mail: service@sms.schwarz
Telephone: +49 (0) 7132-30-7000
2. details of the data processing
2.1 Use of our website
2.1.1 Purposes and legal basis
When you use our website, the browser used on your device automatically and without your intervention
the website from which you access our site
the IP address;
the access date and time;
the request of the client;
the http response code;
the amount of data transferred
the browser used
is sent to the server of our website and temporarily stored in a log file for the following purposes:
Ensuring a smooth connection setup,
Ensuring a comfortable use of our website/application and
Evaluation of system security and stability and prevention of abusive or fraudulent behavior
as well as for error analysis and rectification (troubleshooting/debugging).
The use of our website is protected by a firewall. For this purpose, your IP address and the client’s request (destination of the request) are also logged.
The legal basis for this data processing is Art. 6 para. 1 sentence 1 f) GDPR. The legitimate interest arises from the protection of our systems and the prevention of abusive or fraudulent behavior each time a user accesses this website.
2.1.2 Recipients/categories of recipients
Under certain circumstances, it may be necessary for us to transfer your personal data to other recipients.
The website is operated on our behalf on servers of IT service providers. Your personal data may be made accessible to these service providers for support and maintenance purposes.
The data logged in connection with the use of the firewall is accessible to IT service providers, as we use them to operate our firewall.
2.1.3 Storage period/criteria for the storage period
The log files are stored for 28 days. The logging by the firewall is stored for 28 days.
2.2 Communication by e-mail/post/telephone/contact form
2.2.1 Purposes and legal basis
We process personal data that you send us as part of your inquiry by email/post/telephone or our contact forms exclusively for the purpose of processing your inquiry.
The legal basis for this data processing in the context of initiating or executing a contract is Art. 6 para. 1 sentence 1 b) GDPR. If you would like advice on a possible trade-in of a vehicle or calculation of the value of your car, please provide further information. Please also note the information in section 5.3.
Otherwise, the legal basis is Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest arises from the aim of responding to your customer inquiry and thus promoting customer satisfaction.
2.2.2 Storage period/criteria for the storage period
The data will be stored for 90 days after completion of your request. Experience has shown that no further queries are to be expected after this period. We will also delete any documents sent with the request.
If legal claims are asserted, your data will be stored for three years after your request has been completed, starting at the end of the calendar year, to prove that we have fulfilled any legal claims.
We store personal data that you transmit to us as part of the initiation or execution of a contract for up to twelve years due to statutory retention obligations.
2.3 Watch list
2.3.1 Purposes and legal basis
On our website, you can create a watch list with cars that are of particular interest to you. You can send the watch list to yourself or to us if you want to save it or have questions about it.
The watch list is stored temporarily in your browser memory. You can find more information on saving the watch list in your browser under point 2.32.
The legal basis in the event that you wish to send us the watch list is Art. 6 para. 1 sentence 1 b) GDPR in the context of initiating or executing a contract.
Otherwise, the legal basis is Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest arises from the aim of responding to your customer inquiry and thus promoting customer satisfaction.
2.3.2 Storage period/criteria for the storage period
If you do not accept convenience cookies via the cookie banner, the watch list will be deleted when you close the browser. Otherwise, the watch list will be deleted after 90 days.
2.4 Google Maps
We do not process any data when referring to maps from Google Maps. When you click on it, you will be redirected to the Google website. For information on the processing by Google, please refer to Google’s privacy policy.
5 Data protection information for prospective and existing vehicle buyers
5.1 Carrying out test drives
5.1.1 Purposes and legal basis
If you would like to take one of our vehicles for a test drive, we process in particular your master data, such as your surname, first name and date of birth, your address data, your telephone number as well as data relating to your driving license and the route taken (date, time, starting point, destination, end point).
Data processing when conducting test drives is carried out on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interests are to check whether you are authorized to drive a vehicle and to be able to identify you as the driver in cases of misuse and improper use of the vehicle and / or accident damage in order to assert possible claims for damages or to process accident damage via an external service provider. In addition, in the fulfillment of obligations to provide proof to the registration office regarding the performance of test drives with red license plates.
Identification is also required if you as the driver have committed an administrative offense or criminal offense with the vehicle and we subsequently have to assign you as the driver of the vehicle to the administrative offense or criminal offense. In this case, we transmit your master data and your address data to the responsible fine office or police authority, also on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest is to support the authority in order to avoid police investigations against Schwarz Mobility Solutions GmbH as the vehicle owner.
5.1.2 Recipients/categories of recipients
Your data will not be passed on for the purpose of carrying out test drives. However, for the reasons mentioned above, your data may be forwarded to fine authorities, police authorities or Innovation Group AG, Rotebühlstraße 121, 70178 Stuttgart, Germany, for the settlement of accident claims.
To prove the proper use of red license plates for test drives, your personal data will be accessible to the extent necessary (surname, first name, address, route driven) to the responsible registration authority in Heilbronn, to which we must submit corresponding proof of driving.
5.1.3 Storage period/criteria for the storage period
We store your personal data, which we process for the purpose of carrying out test drives, for a period of two years after the end of the drive. In the event of accident damage, we store your data, which we process for claims settlement, for a period of 12 years due to statutory retention obligations.
5.2 Preparation of offers and creation of search requests
5.2.1 Purposes and legal bases
If you request an offer from us or we create an offer for you in order to offer you one of our vehicles for sale, we process in particular your master data, such as surname, first name, your address data and, if applicable, your contact data, such as telephone number and e-mail address, so that we can provide or send you a personalized offer.
The same applies to inquiries regarding a trade-in or an estimate of the value of your car. Among other things, we ask for the VIN number and the vehicle registration document in order to process your request.
You may be entitled to preferential conditions if, for example, you are related to or married to a Schwarz Group employee. In order to check such an entitlement, we process information about your relationship to the specific employee, e.g. information about the family relationship, marital status or similar. If you yourself are an employee of the Schwarz Group, we process your personnel number for the reasons stated above.
If we are unable to offer you a specific vehicle at the time of your request, we will create a corresponding search request for you on request in order to inform you of a suitable vehicle as soon as we have one in stock. For these purposes, we process the aforementioned data to the extent necessary.
Data processing when preparing offers and creating search requests is carried out on the basis of Art. 6 para. 1 sentence 1 b) GDPR, as the preparation of offers is generally part of the contract negotiations or a pre-contractual measure for the possible conclusion of a purchase contract.
5.2.2 Recipients/categories of recipients
Your data will not be passed on for the preparation of the offer.
5.2.3 Storage period/criteria for storage
We store your personal data that we process for the preparation of an offer for a period of four months after the offer has been prepared. If you decide to purchase the vehicle in question, we will store the aforementioned data for a period of 12 years. We also store personal data that we process for the creation of search requests for a period of four months. After this period has expired, we will contact you to inquire about your interest in maintaining the search request.
5.3 Preparation and conclusion of the contract for the purchase of a used car
5.3.1 Purposes and legal basis of data processing
For the conclusion of a purchase contract, we process in particular your master data, such as surname, first name and date of birth, your address data and, if applicable, your contact data, such as telephone number and e-mail address. If necessary for the payment of the purchase price, we also process data relating to your bank details. If you are an employee of the Schwarz Group and therefore entitled to take advantage of discounted conditions, we also process your personnel number for the conclusion of the contract. Data processing when concluding a purchase contract is carried out on the basis of Art. 6 para. 1 sentence 1 b) GDPR.
The aforementioned data may also be transmitted in advance to external credit agencies. For this purpose, we transmit your personal data to the respective service provider to the extent necessary on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest is to check your creditworthiness before concluding a contract in order to avoid subsequent payment defaults.
If you participate in the conclusion of a contract offered by us by means of a digital signature (e.g. Adobe Sign), we process your data, in particular your email address, IP address and the times at which you process the respective contract document, e.g. approved, displayed or digitally signed, in each case with the time and date. Data processing is carried out on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest lies in the efficient and fast digital processing of the contract signing and the corresponding logging of the signature process for verification purposes.
In order to verify your identity, we carry out a manual comparison between the data you provide to us and your identity card. Data processing is carried out on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest lies in the aforementioned identity check.
Part of our contracts is warranty insurance, which covers our statutory warranty obligations towards you through an external insurance provider. In order to prepare the insurance documents, we therefore transmit your personal data to the insurance company to the extent necessary on the basis of Art. 6 para. 1 sentence 1 b) GDPR.
If you decide to purchase your vehicle, e.g. by means of financing, we will transfer your personal data to the credit institution to the extent necessary on the basis of Art. 6 para. 1 sentence 1 f) GDPR. Our legitimate interest here is to prepare the possible conclusion of the loan agreement on behalf of the credit institution. The loan agreement is concluded between you and the credit institution, so that the credit institution itself is the controller within the meaning of Art. 4 No. 7 GDPR for the data processing that takes place in connection with the financing.
If you instruct us to register the vehicle you have purchased, we will transmit your personal data to the responsible registration office to the extent necessary on the basis of Art. 6 para. 1 sentence 1 b) GDPR.
5.3.2 Recipients/categories of recipients
In exceptional cases (e.g. for support services), your data is accessible to Schwacke GmbH, Hanauer Landstraße 160, 60314 Frankfurt, Germany, as this is the technical provider of the online portal used to manage customer data.
Your personal data may be transmitted to Schufa Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany, to the extent necessary to prepare the purchase contract and obtain credit information. Schufa Holding AG is itself responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR.
In the case of contracts concluded using a digital signature, your data is also accessible to all persons involved in the approval and signing of the contract, as they receive a log after signing the contract, in which all processing steps, including e-mail address, IP address, date and time can be seen. Furthermore, your data may be accessible to the respective service providers that we use for the corresponding digital signature process. In the case of Adobe Sign, this is Adobe Systems Software Ireland Limited, 4-6 Riverwalk, City West, Business Campus, Saggart D24, Dublin, Ireland.
To take out warranty insurance, your personal data will be transmitted to GSG Garantie-Service-GmbH, Gündlinger Straße 8, 79111 Freiburg, Germany, to the extent necessary. The latter is itself the controller within the meaning of Art. 4 No. 7 GDPR for the processing of your personal data by it. You can find CG Car-Garantie Versicherungs-AG’s data protection information in the documents provided to you by CG Car-Garantie Versicherungs-AG.
In order to conclude a possible loan agreement, your personal data will be transmitted to BNP Paribas S.A. Niederlassung Deutschland, Schwanthalerstraße 31, 80338 Munich to the extent necessary. The latter is itself responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR. You can find BNP Paribas’ data protection information in the documents provided to you by BNP Paribas.
In the case of a commissioned admission, the data will be transmitted to the responsible admission office. The latter is itself responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR.
We also transmit your data to the extent necessary to Schwarz Dienstleistung KG, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, as this company is responsible for preparing the invoice documents on our behalf.
5.3.3 Storage period/criteria for storage
Due to statutory retention obligations, we store your data processed in connection with the preparation and conclusion of the purchase contract for a period of up to 12 years.
6. Obligation to provide your data
Unless otherwise stated above, you are neither contractually nor legally obliged to provide us with personal data.
However, some of the data is processed for technical reasons as soon as you use our website and the associated services. If you no longer wish to provide us with the data, you can only do so by no longer using our website or the corresponding services.
Insofar as personal data is required for the processing of an inquiry from you, a possible conclusion of a contract or other services on our part, we may also not be able to process your inquiry, conclude a contract with you or provide other services if you do not provide this data.
7 Your rights as a data subject
If the data processing is based on consent in accordance with Art. 6 para. 1 sentence 1 a) or Art. 9 para. 2 a) GDPR, you can revoke your consent at any time with effect for the future without affecting the legality of the previous processing.
You have the right to receive information about the personal data stored about you free of charge upon request in accordance with Art. 15 para. 1 GDPR.
In addition, if the legal requirements are met, you have the right to rectification (Art. 16 GDPR), erasure (Art. 17 GDPR) and restriction of processing (Art. 18 GDPR) of your personal data.
If you have provided the processed data yourself, you have the right to data portability in accordance with Art. 20 GDPR.
If the data processing is carried out on the basis of Art. 6 para. 1 sentence 1 e) or f) GDPR, you have the right to object in accordance with Art. 21 GDPR. If you object to data processing, it will only be continued if we can demonstrate compelling legitimate grounds for further processing that override your interest in objecting.
To exercise your rights as a data subject, if you have any questions or complaints, please contact the data protection officer in writing or by email. You also have the right to lodge a complaint with a data protection supervisory authority. The data protection supervisory authority of the federal state in which you live or in which the controller has its registered office is responsible.
8. contact the data protection officer
If you have any further questions about the processing of your data or the exercise of your rights, you can contact the responsible data protection officer at the controller:
datenschutz süd GmbH
- Keyword Schwarz Mobility Solutions -
Wörthstraße 15
97082 Würzburg
E-mail: office@datenschutz-sued.de