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TERMS & CONDITIONS
General Terms of Business – Last revision: 03/2023
1. Introduction
BORN IN FLACHT is a community run by Schloss Schnait GmbH. It is a network for owners of GT sports cars, allowing them to share their experiences and expertise within an exclusive environment and socialize at home and internationally.
The GT Community BORN IN FLACHT membership is offered by approval only. To become a member, a person must own a GT sports car.
A person must be at least 21 years old to use our services.
1.1 Contract
Before a person can become a member, they must register on our website www.born-in-flacht.com When they do so, data are transmitted to us, which will be treated as confidential and not forwarded to third parties.
Once the managers decide that the applicant meets all requirements, the applicant will be accepted as a member and will be sent an access link for the use of the BORN IN FLACHT App (iOS & Android) by eMail.
As a visitor or member of our services, the collection, use and release of personal data are subject to our Data Privacy Directive as updated.
1.2 Amendment
Our “General Terms of Business” and our “Data Privacy Directive” are amended occasionally. If significant amendments are made, the member will be informed thereof.
2. Obligations
2.1 Access to the services
A registration by providing false information constitutes a breach of our provisions and will lead to immediate termination of the membership if such registration becomes known. A breach of our community directive also leads to immediate termination of the membership.
2.2 Notifications and messages
Our members agree that we will send them notifications and messages: within the offered services, to the customer address provided, or both. Our members agree to keep their contact and invoice data current.
Our members agree that we may access, use or store all information and personal data provided in compliance with the provisions and Data Privacy Directive.
2.3 Sharing
Our members agree to provide only content and information that does not breach any statutes or the rights of other people or companies (including intellectual property rights).
The services provided make it possible to share messages and information in various ways. Information which a member shares or posts can be seen by other members or third parties. We view the chat record but are not obligated to publish information or content on our platform. We can publish such information or content at our discretion or remove it without prior notice.
3. Rights and restrictions
3.1 Availability of the services
We reserve the right to adjust or remove any desired portion of our services. We are not obligated to store our member’s information and content or continue to display it.
We are not a storage service and are not obligated to provide our members with a copy of content or information, or to store or keep the same, unless this is required by applicable law or laid down in our Data Privacy Directive.
3.2 Other content, websites & Apps
By using our services, you might arrive at content or information which is incomplete, false, misleading, late, illegal, insulting or otherwise malicious. Since we do not generally check information provided by our members, you agree that we are not responsible for content or information. A misuse of our services cannot be completely prevented. Therefore, you agree that we are not responsible for any such misuse.
Members are free to access third-party apps or websites which are reachable via a link on our services. Third-party apps and websites are subject to their own GTB and Data Privacy Directives. They can allow the operator to use their information in a way that deviates from our directives. We are not liable for other websites or apps. Therefore, users of those websites and apps use them at their own risk. Please learn about our Data Privacy Directive.
3.3 Restrictions
We reserve the right to restrict your use of the services, including the number of contacts or the ability to establish contact with other members. We reserve the right to restrict or suspend functions of our services if we believe that those functions violate the law, misuse our services, or breach the community directive.
We are not a commercial platform, and prohibit the commercial use of our member data.
3.4 Intellectual property rights
We reserve all intellectual property rights to the provided services. The use of our services does not mean that a member has any property rights regarding our services, or the information or content provided through our services. The brands and logos used within the services are trademarks of their respective owners.
4. Exclusion and restriction of liability
We give no warranty or assurance of any kind (such as suitability for a certain purpose, non-infringement of rights, correctness of data, guarantee of functions) and cannot guarantee or ensure that the services we provide will function without interruption or errors.
5. Compensation for breaches committed by members
If the platform operator incurs damages as a result of breaches of the duties under these General Terms of Business that have been committed by any of the members, the member shall be obliged to pay compensation in the amount of the damage incurred, unless the member is not responsible for the respective breach. This shall not affect the platform operator’s right to assert claims for additional damages. The member is permitted to provide evidence that no such damage occurred or that the damage is significantly less extensive.
6. Termination
Either the member or Schloss Schnait GmbH can end the membership by messaging the other party. If membership is ended, the member loses the right to use or access the services.
7. Applicable law; Dispute arbitration
For all legal relationships between us and the member, the law of the Federal Republic of Germany will apply exclusively, under exclusion of German International Private Law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.
We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
8. Code of Conduct (Community Directive)
Our Code of Conduct specifies what types of activities are acceptable when using our app and which types of content and discussions we deem inappropriate or will prevent under certain circumstances. The Code of Conduct is meant to show guidelines and restrictions for using our services.
a.) Register with truthful information about your identity and vehicle. Our members must be actual people who disclose their real names and correct information about their person and their vehicle.
b.) Be polite and respectful. For the purposes of a safe, communicative and friendly community, our services should not be used to damage other people or companies or to publish differences of opinion or personal disputes. We cannot allow our services to be used to badmouth or discredit other people or companies, or send them unwanted messages. This includes junk mail, spam, chain letters, phishing notifications and sexual content. Attacking people based on race, ethnic or tribal affiliation, national origin, gender, sexual orientation, religious affiliation, political memberships, or medical or physical condition is strictly forbidden.
c.) Behave professionally, reasonably and honorably. When creating content to be published, we ask you to keep it relevant, professional and topical. Avoid providing information that is false or unverifiable. Disseminating obscene and pornographic content on our app is forbidden.
d.) Comply with laws and respect the rights of others. Avoid forwarding or using copyrighted works, trademarks, business secrets or personal information of other members. The membership may not be used for illegal activities, advertising illegal products or breaching the rights of others. It may also not be used to commit fraud or for fraudulent purposes.
e.) Do not use the services to spread viruses or other software which could destroy data or computer systems or cause interruptions.
f.) The members expressly acknowledge the directives. If infringements and breaches occur, the platform operator expressly reserves the right to take further legal action.
SITE NOTICE
Information pursuant to § 5 TMG
Schloss Schnait GmbH
Silcherstrasse 10
71384 Weinstadt/Schnait
Deutschland / Germany
Contact
Tel.: (+49) 07151 20524-0
Fax.: (+49) 07151 20524-25
E-Mail: mail@schloss-schnait.com
Contact address for the GT Community BORN IN FLACHT
contact@born-in-flacht.com
Represented by the Managing Directors
Hans-Jörg Lenz
Silke Keusch
VAT ID
Sales tax identification number according to § 27 a of the Sales Tax Law (UStG): DE 257 068 580
Registration court
District Court Stuttgart HRB 787750
EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Our e-mail address can be found above in the site notice.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Copyright
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only. The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
PRIVACY POLICY
(Click here for the privacy policy regarding the mobile app)
1. An overview of data protection
1.1 General information
The following information will provide you with an easy to navigate
overview of what will happen with your personal data when you visit our
website. The term “personal data” comprises all data that can be used to
personally identify you. For detailed information about the subject matter
of data protection, please consult our Data Protection Declaration, which
we have included beneath this copy.
1.2 Data recording on our website
Who is the responsible party for the recording of data on this website
(i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose
contact information is available under section “Information Required by
Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This
may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website.
This data comprises primarily technical information (e.g. web browser,
operating system or time the site was accessed). This information is
recorded automatically when you access our website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free
provision of the website. Other data may be used to analyse your user
patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and
purposes of your archived personal data at any time without having to pay a
fee for such disclosures. You also have the right to demand that your data
are rectified, blocked or eradicated. Please do not hesitate to contact us
at any time under the address disclosed in section “Information Required by
Law” on this website if you have questions about this or any other data
protection related issues. You also have the right to log a complaint with
the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the
restriction of the processing of your personal data. For details, please
consult the Data Protection Declaration under section “Right to Restriction
of Data Processing.”
1.3 Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically
analysed when your visit our website. Such analyses are performed primarily
with cookies and with what we refer to as analysis programmes. As a rule,
the analyses of your browsing patterns are conducted anonymously; i.e. the
browsing patterns cannot be traced back to you. You have the option to
object to such analyses or you can prevent their performance by not using
certain tools. For detailed information about this, please consult our Data
Protection Declaration below.
You do have the option to object to such analyses. We will brief you on the
objection options in this Data Protection Declaration.
2. General information and mandatory information
2.1 Data protection
The operators of this website and its pages take the protection of your
personal data very seriously. Hence, we handle your personal data as
confidential information and in compliance with the statutory data
protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be
collected. Personal data comprises data that can be used to personally
identify you. This Data Protection Declaration explains which data we
collect as well as the purposes we use this data for. It also explains how,
and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e.
through e-mail communications) may be prone to security gaps. It is not
possible to completely protect data against third party access.
2.2 Information about the responsible party (referred to as the
“controller” in the GDPR)
The data processing controller on this website is:
Schloss Schnait GmbH
Silcherstr. 10
D-71384 Weinstadt
phone: +49 (0)7151 20524-0
e-mail: mail@schloss-schnait.com
The controller is the natural person or legal entity that single-handedly
or jointly with others makes decisions as to the purposes of and resources
for the processing of personal data (e.g. names, e-mail addresses, etc.).
2.3 Consent to data processing and revocation
If you have given your consent for specific purposes, the purposes are
based on the respective contents of this consent. Data processing is based
on Article 6 (1) (a) GDPR. In cases where you need to provide data for
this, we explicitly point out. Without the provision, we could not comply
with your consent. You can revoke your consent at any time without
affecting the lawfulness of the processing carried out on the basis of the
consent until the revocation.
2.4 Right to object to the collection of data in special cases; right
to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1
lit. e or f GDPR, you have the right to at any time object to the
processing of your personal data based on grounds arising from your
unique situation. This also applies to any profiling based on these
provisions. To determine the legal basis, on which any processing of
data is based, please consult this Data Protection Declaration. If you
log an objection, we will no longer process your affected personal
data, unless we are in a position to present compelling protection
worthy grounds for the processing of your data, that outweigh your
interests, rights and freedoms or if the purpose of the processing is
the claiming, exercising or defence of legal entitlements (objection
pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct
advertising, you have the right to at any time object to the processing
of your affected personal data for the purposes of such advertising.
This also applies to profiling to the extent that it is affiliated with
such direct advertising. If you object, your personal data will
subsequently no longer be used for direct advertising purposes
(objection pursuant to Art. 21 Sect. 2 GDPR).
2.5 Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a
complaint with a supervisory agency, in particular in the member state
where they usually maintain their domicile, place of work or at the place
where the alleged violation occurred. The right to log a complaint is in
effect regardless of any other administrative or court proceedings
available as legal recourses.
2.6 Right to data portability
You have the right to demand that we hand over any data we automatically
process on the basis of your consent or in order to fulfil a contract be
handed over to you or a third party in a commonly used, machine readable
format. If you should demand the direct transfer of the data to another
controller, this will be done only if it is technically feasible.
2.7 Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right
to at any time demand information about your archived personal data, their
source and recipients as well as the purpose of the processing of your
data. You may also have a right to have your data rectified, blocked or
eradicated. If you have questions about this subject matter or any other
questions about personal data, please do not hesitate to contact us at any
time at the address provided in section “Information Required by Law.”
2.8 Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the
processing of your personal data is concerned. To do so, you may contact us
at any time at the address provided in section “Information Required by
Law.” The right to demand restriction of processing applies in the
following cases:
- In the event that you should dispute the correctness of your data
archived by us, we will usually need some time to verify this
claim. During the time that this investigation is ongoing, you have
the right to demand that we restrict the processing of your
personal data. - If the processing of your personal data was/is conducted in an
unlawful manner, you have the option to demand the restriction of
the processing of your data in lieu of demanding the eradication of
this data. - If we do not need your personal data any longer and you need it to
exercise, defend or claim legal entitlements, you have the right to
demand the restriction of the processing of your personal data
instead of its eradication. - If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR,
your rights and our rights will have to be weighed against each
other. As long as it has not been determined whose interests
prevail, you have the right to demand a restriction of the
processing of your personal data.
If you have restricted the processing of your personal data, these data –
with the exception of their archiving – may be processed only subject to
your consent or to claim, exercise or defend legal entitlements or to
protect the rights of other natural persons or legal entities or for
important public interest reasons cited by the European Union or a member
state of the EU.
2.9 SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential
content, such as purchase orders or inquiries you submit to us as the
website operator, this website uses either an SSL or a TLS encryption
programme. You can recognise an encrypted connection by checking whether
the address line of the browser switches from “http://” to “https://” and
also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot
be read by third parties.
3. Recording of data on our website
3.1 Cookies
In some instances, our website and its pages use so-called cookies. Cookies
do not cause any damage to your computer and do not contain viruses. The
purpose of cookies is to make our website more user friendly, effective and
more secure. Cookies are small text files that are placed on your computer
and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are
automatically deleted after you leave our site. Other cookies will remain
archived on your device until you delete them. These cookies enable us to
recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are
notified every time cookies are placed and to enable you to accept cookies
only in specific cases or to exclude the acceptance of cookies for specific
situations or in general and to activate the automatic deletion of cookies
when you close your browser. If you deactivate cookies, the functions of
this website may be limited.
Cookies that are required for the performance of the electronic
communications transaction or to provide certain functions you want to use
(e.g. the shopping cart function), are stored on the basis of Art. 6 Sect.
1 lit. f GDPR. The website operator has a legitimate interest in storing
cookies to ensure the technically error free and optimised provision of the
operator’s services. If other cookies (e.g. cookies for the analysis of
your browsing patterns) should be stored, they are addressed separately in
this Data Protection Declaration.
3.2 Server log files
The provider of this website and its pages automatically collects and
stores information in so-called server log files, which your browser
communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The
operator of the website has a legitimate interest in the technically error
free depiction and the optimization of the operator’s website. In order to
achieve this, server log files must be recorded.
3.3 Processing of data (customer and contract data)
We collect, process and use personal data only insofar as they are
necessary for the establishment, content or modification of the legal
relationship (inventory data). This is done on the basis of Art. 6 Sect. 1
lit. b DSGVO, which allows the processing of data to fulfill a contract or
pre-contractual measures. We collect, process and use personal data on the
use of our website (usage data) only insofar as this is necessary in order
to enable or bill the user for the use of the service.
The collected customer data will be deleted after completion of the order
or termination of the business relationship. Legal retention periods remain
unaffected.
3.4 Data transfer upon closing of contracts for services and digital
content
We share personal data with third parties only if this is necessary in
conjunction with the handling of the contract; for instance, with the
financial institution tasked with the processing of payments.
Any further transfer of data shall not occur or shall only occur if you
have expressly consented to the transfer. Any sharing of your data with
third parties in the absence of your express consent, for instance for
advertising purposes, shall not occur.
The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which
permits the processing of data for the fulfilment of a contract or for
pre-contractual actions.
3.5 Registration of a member account
You can apply for membership on our website or sign up for a user account
that will allow you to take full advantage of the BORN IN FLACHT app. In this
context, please also note the Privacy Policy applicable to the use of the
app under
https://born-in-flacht.com/privacy-policy-app/
The mandatory information requested during registration must be given in
full. Otherwise we will reject the registration.
Mandatory data at registration
When registering to create a profile, the following mandatory information
is requested:
- Title
- First given name
- Surname
- Date of birth
- Company
- City
- Postal Code
- Address
- E-mail address
- Phone number
As well as information about your vehicle
- Vehicle Identification Number
- Vehicle type
- Year of construction
Without the specification of this mandatory data registration is not
possible. We process these data on the basis of Art. 6 Sect. 1 lit. b GDPR
for the implementation of pre-contractual measures and later for the
execution of the contractual relationship. In addition, we process your
data on the basis of your consent in accordance with Art. 6 Sect. 1 lit. a
GDPR.
For important changes, such as the scope of the offer or for technical
changes, we use the e-mail address provided during registration to inform
you in this way.
The data collected during registration will be stored by us as long as you
maintain your membership account. Legal retention periods remain
unaffected.
Verification of your member account
BORN IN FLACHT is a community for the owners of GT sports cars. For
a prospective customer there is the possibility to be verified by the
transmission of the VIN of his vehicle. Verified users have access to
special and rich features of the app.
During the verification process, it is checked whether the transmitted VIN
is a GT vehicle. The VIN number is stored in the
user’s profile, but not published. The verification is voluntary. However,
if you do not do this, not all features of the app will be fully available
to you. The data is processed on the basis of Art. 6 Sect. 1 lit. b GDPR,
in order to provide you with the requested services in this context and to
carry out the associated contractual relationship with you.
3.6 Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all
resulting personal data (name, request) will be stored and processed by us
for the purpose of processing your request. We do not pass these data on
without your consent.
The processing of these data is based on Art. 6 Sect. 1 lit. b GDPR, if
your request is related to the execution of a contract or if it is
necessary to carry out pre-contractual measures. In all other cases, the
processing is based on your consent (Article 6 (1) a GDPR) and/or on our
legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate
interest in the effective processing of requests addressed to us.
The data sent by you to us via contact requests remain with us until you
request us to delete, revoke your consent to the storage or the purpose for
the data storage lapses (e.g. after completion of your request). Mandatory
statutory provisions – in particular statutory retention periods – remain
unaffected.
4. Plugins and Tools
4.1 Google Web Fonts
This site uses so-called web fonts, provided by Google, for the uniform
representation of fonts. When you call up a page, your browser loads the
required web fonts into your browser cache to display texts and fonts
correctly.
To do this, the browser you use must connect to Google’s servers. As a
result, Google learns that our website has been accessed via your IP
address. The use of Google Web Fonts is in the interest of a consistent and
attractive presentation of our online services. This constitutes a
legitimate interest within the meaning of Art. 6 Sect. 1 lit. f GDPR.
If your browser does not support web fonts, a default font will be used by
your computer.
More information about Google Web Fonts can be found at
https://developers.google.com/fonts/faq and in Google’s Privacy Policy:
https://www.google.com/policies/privacy/.
4.2 gstatic
A web service from Google LLC, 1600 Amphitheater Parkway, 94043 Mountain
View (“gstatic”) is being downloaded from our website. We use this data to
ensure the full functionality of our website. In this context, your browser
may transfer personal data to gstatic.
The legal basis for data processing is Art. 6 Sect. 1 lit. f GDPR. The
legitimate interest consists in a faultless function of the website.
gstatic has self-certified under the EU-US Privacy Shield Agreement (see
https://www.privacyshield.gov/list). The deletion of the data takes place
as soon as the purpose of its collection has been fulfilled.
For more information on the handling of the transferred data, see gstatic’s
Privacy Policy: https://www.google.com/intl/en/policies/privacy/. You can
prevent the collection and processing of your data by gstatic by disabling
the execution of script code in your browser or installing a script blocker
in your browser (this can be found at www.noscript.net or
www.ghostery.com). com).
5. Data protection information for applicants
Job Applications
We offer website visitors the opportunity to submit job applications to us
(e.g. via e-mail, via postal services on by submitting the online job
application form). Below, we will brief you on the scope, purpose and use
of the personal data collected from you in conjunction with the application
process. We assure you that the collection, processing and use of your data
will occur in compliance with the applicable data privacy rights and all
other statutory provisions and that your data will always be treated as
strictly confidential.
Scope and purpose of the collection of data
If you submit a job application to us, we will process any affiliated
personal data (e.g. contact and communications data, application documents,
notes taken during job interviews, etc.), if they are required to make a
decision concerning the establishment or an employment relationship. The
legal grounds for the aforementioned are § 26 New GDPR according to German
Law (Negotiation of an Employment Relationship), Art. 6 Sect. 1 lit. b GDPR
(General Contract Negotiations) and – provided you have given us your
consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at
any time. Within our company, your personal data will only be shared with
individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you
have submitted will be archived on the grounds of § 26 New GDPR and Art. 6
Sect. 1 lit. b GDPR for the purpose of implementing the employment
relationship in our data processing system.
Data Archiving Period
If we should not be able to offer you a position, if you refuse a job
offer, retract your application, revoke your consent to the processing of
your data or ask us to delete your data, we will store your transferred
data, incl. any physically submitted application documents for a maximum of
6 months after the conclusion of the application process (retention period)
to enable us to track the details of the application process in the event
of disparities (Art. 6 Sect. 1 lit. f GDPR).
YOU HAVE THE OPTION TO OBJECT TO THIS STORAGE/RETENTION OF YOUR DATA IF YOU
HAVE LEGITIMATE INTERESTS TO DO SO THAT OUTWEIGH OUR INTERESTS.
Once the retention period has expired, the data will be deleted, unless we
are subject to any other statutory retention obligations or if any other
legal grounds exist to continue to store the data. If it should be
foreseeable that the retention of your data will be necessary after the
retention period has expired (e.g. due to imminent or pending litigation),
the data shall not be deleted until the data have become irrelevant. This
shall be without prejudice to any other statutory retention periods.
6. Further privacy notes on the BORN IN FLACHT App
Further data privacy information on the use of the BORN IN FLACHT App can be
found in the privacy policy for the app.
These can be viewed at https://born-in-flacht.com/privacy-policy-app/.
7. Recipient of personal data
Disclosure to processors in the context of Art. 28 GDPR
Processors employed by us (Article 28 GDPR), in particular in the area of
IT services and, for example, printing services that process their data
in line with our instructions. Whenever we commission service providers to
fulfill our tasks, we always observe the data protection regulations, in
particular, they only pass on the conclusion of contracts for order
processing.
Data processing to carry out a contractual relationship
If it is necessary to carry out the contract with you, for example, we will
pass on your data to banks or shipping service providers.
Disclosure due to a legal obligation
If there is a legal or regulatory obligation, we will pass your data on to
public bodies or institutions (authorities, for example in the context of
criminal prosecution).
Other jobs, in so far as you have given us consent
If explicit consent is given, we will also pass your data on to other
bodies. However, this will be within limits if there is a demonstrable
consent from you.
Disclosure to obtain information
If we are in advance, e.g. In the case of purchase on account, we reserve
the right to obtain identity and credit information from specialized
service companies (credit reference agencies) to safeguard our legitimate
interests.
8. Data processing in non EU countries
If a data transmission takes place in locations whose seat or place of data
processing is not located in a Member State of the European Union or in
another Contracting State to the Agreement on the European Economic Area,
we ensure before the transfer, except in the case of exceptionally
permitted by law, to the recipient either an adequate level of data
protection exists (eg through a European Commission adequacy decision,
through appropriate safeguards such as self-certification of the EU-US
Privacy Shield beneficiary or agreement of so-called EU standard
contractual clauses with the beneficiary) or you Give your consent to the
transfer of data.
9. Storage duration, deletion
We only store your personal data for as long as this is necessary for the
fulfillment of the intended purpose or – in the case of consent – as long
as you have not revoked your consent. In the event of an objection to the
processing, we will delete your personal data, unless their further
processing is permitted in accordance with the relevant statutory
provisions. We also delete your personal data if we are obliged to do so
for other legal reasons.
Applying these general principles, we will generally erase your personal
information without undue delay – after elimination of the legal and unless
otherwise provided for by law (such as commercial and fiscal retention
periods). If the latter is true, we will delete the data after elimination
of the other legal basis. – if they are no longer necessary for the
purposes we have set for the preparation and execution of a contract or
legitimate interests and no other legal basis (such as commercial and tax
retention periods) intervenes. If the latter is true, we will delete the
data after elimination of the other legal basis. – if the purpose of the
acquisition pursued by us ceases and no other legal basis (for example,
commercial and tax retention periods) intervenes. If the latter is true, we
will delete the data after elimination of the other legal basis.
10. Links to offers from third parties
Websites as well as services of other providers, to which our application
is linked, were and are designed and provided by third parties. We have no
influence on the design, content and function of these third party
services. We expressly dissociate ourselves from all contents of all linked
offers of third parties. Please note that the third-party offers linked by
our application may install cookies on your device or collect personal
data. We have no influence on this. If necessary, please inform yourself
directly to the providers of these linked third-party offers.
PRIVACY POLICY APP
1. An overview of data protection
1.1 General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you use our App. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
1.2 Data Processing
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data in this App is processed by the operator of the App, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you use our App. This data comprises primarily technical information (e.g. IP Address or time the App was accessed). This information is recorded automatically when you access our website.
On the other hand, data processed by the app due to access authorizations on your device are processed, if you have given them active.
You can also create a user account yourself and join the community features of the app.
What are the purposes we use your data for?
The data is collected to ensure error-free delivery of the content of the app and to operate, maintain and improve the associated online platform and the app. Another purpose of the data collection is to improve the user experience, the offer, the content and the functionalities.
The collection of personal data by this app only takes place if we are legally entitled to do so or if you have expressly consented to the data collection in question.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Imprint” if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
1.3 Analysis tools and tools provided by third parties
When using the app, your usage behavior can be statistically evaluated. This happens with so-called analysis programs. The analysis of your usage behavior is usually anonymous. For more information, see Analysis Tools.
2. Responsible for data processing
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Schloss Schnait GmbH
Silcherstr. 10
D-71384 Weinstadt
Tel.: (+49) 07151 20524-0
E-Mail: mail@schloss-schnait.com
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail, addresses, etc.).
3. General information and mandatory information
3.1 Data protection
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
3.2 Consent to data processing and revocation
If you have given your consent for specific purposes, the purposes are based on the respective contents of this consent. Data processing is based on Article 6 (1) (a) GDPR. In cases where you need to provide data for this, we explicitly point out. Without the provision, we could not comply with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until the revocation.
3.3 Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
3.4 Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
3.5 Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
3.6 Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
3.7 Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3.8 SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
4. Recording of data on our website
4.1 Data processed by accessing the App
When accessing our app through your device, we process the following data:
• Date and time of access
• Duration of use
• Type of mobile device / terminal version
• used operating system
• used app version
• Functions that you use
• System crashes and similar events
• User authentication token
• IP address
We are interested in making it possible to use our app and to ensure its technical functionality on a permanent basis. When calling our app, this data will be processed automatically. Without this provision of data you can not use our services. We do not use this data for the purpose of drawing any conclusions about you or your identity.
In addition, we use this data to optimize the performance of the app, to ensure the availability of our app and to improve the user experience.
We process your data based on our legitimate interest in the data We process this data on the basis of Art. 6 Sect. 1 lit. f GDPR for the provision of the service, to ensure the technical operation and for the purpose of identifying and eliminating malfunctions. Further, our legitimate interest lies in ensuring the performance and availability of our offer.
4.2 Cookies
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
4.3 Processing of data (customer and contract data)
We collect, process and use personal data only insofar as they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 Sect. 1 lit. b GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures. We collect, process and use personal data on the use of our website (usage data) only insofar as this is necessary in order to enable or bill the user for the use of the service.
The collected customer data will be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
4.4 Data transfer upon closing of contracts for services and digital content
We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with the financial institution tasked with the processing of payments.
Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.
The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.
4.5 Registration of a member account
For the full use of all functions within our application, we process the following data as part of the registration or profiling:
Mandatory data at registration
When registering to create a profile, the following mandatory information is requested:
• Title
• First given name
• Surname
• Date of birth
• Company
• City
• Postal Code
• Address
• E-mail address
• Phone number
As well as information about your vehicle
• Vehicle Identification Number
• Vehicle type
• Year of construction
Without the specification of this mandatory data registration is not possible. We process these data on the basis of Art. 6 Sect. 1 lit. b GDPR for the implementation of pre-contractual measures and later for the execution of the contractual relationship.
For important changes, such as the scope of the offer or for technical changes, we use the e-mail address provided during registration to inform you in this way.
The data collected during registration will be stored by us as long as you maintain your membership account. Legal retention periods remain unaffected.
Data you can provide voluntarily
As part of your registration and any time thereafter, you also have the opportunity to provide further information on a voluntary basis, such as:
• Profile pic
• Cover photo
Please note that this information is not required for using the app and you alone decide whether you want to provide us with this data. You also have the opportunity to change the data at any time. If you do not provide this information, we may not be able to meet your needs when using our services. We process the collected data on the basis of Article 6 paragraph 1 letter b) and f) GDPR in order to create you with your profile and to identify you later with each login.
Verification of your member account
BORN IN FLACHT is a community for the owners of GT sports cars. For a prospective customer there is the possibility to be verified by the transmission of the VIN of his vehicle. Verified users have access to special and rich features of the app.
During the verification process, it is checked whether the transmitted VIN is a GT model. The VIN number is stored in the user’s profile, but not published. The verification is voluntary. However, if you do not do this, not all features of the app will be fully available to you. The data is processed on the basis of Art. 6 Sect. 1 lit. b GDPR, in order to provide you with the requested services in this context and to carry out the associated contractual relationship with you.
4.6 Use of the individual functions
The functions within the app as well as the respective processed personal data, purposes and legal bases are described below.
Use of the function notifications
Push notifications
You can receive information about new content and friend requests via push notifications. You will receive push notifications on the basis of your consent under Art. 6 Sect. 1 lit. a GDPR. You can revoke the receipt of push notifications at any time, therefore you find a deactivate button in the app. If the button temporarily does not work, you can turn off notifications in the settings for the app permissions of your device, please refer to the user guide of your device.
Community Features
So that like-minded people from all over the world can network with you, details from your personal profile and activities are a good basis. After successful registration, your profile will be available for interaction with other verified users.
a. profile page
The following data will be displayed on the profile page if they have been entered in the profile: – Profile and background image
• Profi Picture
• Background Picture
• First Name
• Name
• Information about your verified vehicle
b. Events
We offer you exclusive events. As soon as you as a verified user express your interest on the detail page of the respective event, the following data will be displayed in the event area:
• Profile Picture
• First Name
• Name
We process these data on the basis of Art. 6 Sect. 1 lit. a, b and f GDPR to make your profile in our app available to other users for networking.
Registering events by users
Users can also enter events themselves in the calendar. If you enter an event in the calendar, your public profile information will appear in this context as publisher of the event. When you enter an event, you consent to the publication of your public profile information. You can revoke your consent by deleting the event. If it is not possible to delete the event temporarily, please address your request to us.
c. Chat
The chat feature allows you to interact with other members. If you have activated the chat feature, other members can send you direct messages. You can deactivate the chat function at any time in the settings of the app.
d. Around Me
If you allow the app to access your location to view other members in the area and share your location with other members. For more information, see “Access Permissions”.
Data processing in the context of Community Features is processed on the basis of Art. 6 Sect. 1 lit. a, b and f GDPR, in order to make your profile in our app available to other users for networking and to provide you with the services you require in this context and to carry out the associated contractual relationship with you.
4.7 Access Permissions
To provide our services through the App, we require the access rights listed below that allow us to access certain features of your device. Access to this data requires your explicit consent (opt-in). You can do this when the app prompts you. The processing of this data is therefore based on your consent (Article 6 (1) (a) GDPR).
a. Access to the camera
You can grant the app access to your device’s camera to load media into the app.
b. Access to the memory
You can grant the app access to your device’s memory to load media into the app.
c. Access to the microphone
You can give the app access to your device’s microphone, for example, to add engine sounds.
d. Access to contacts
You can grant the app access to your contacts to let your app search for and add members to the app.
e. Access to the location
The app tracks the current location when certain features are called, and in the background at regular intervals, for example, to show you other members in your region and to share your location with other members.
Revocation of access rights
You can revoke granted access rights at any time in the settings of your device. Depending on the operating system, you can find the rights management in the settings under Apps or Permissions. For details, refer to the operating instructions of your device or operating system.
5. Analysis tools
Fabric / Crashlytics
To better resolve technical issues related to our mobile apps, we use Fabric. It is an analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Carshlyctics collects your app ID, issues encountered issues, and the device, wireless service provider, and operating system, potentially deleting personally identifiable or pseudonymous data after seven days. You can disable this service in your operating system (IOS / Android) settings by disabling the sending of usage data for the app.
The most important element of this solution for us is Crashlytics, which gives us detailed technical information about crashes and other errors of our app. Crashlytics collects data on app usage specifically related to system crashes and errors. It uses information about the device, the version of the app you have installed, and other information that can help troubleshoot errors. These relate primarily to the software and hardware of the user.
No personal data will be transmitted. Only real-time crash reports will be sent, with details of codes and device information designed to simplify maintenance and improve the resulting stability of the app. For more information, see the Crashlytics Privacy Policy: https://try.crashlytics.com/terms/privacy-policy.pdf
The legal basis for the use of Crashlytics is Art. 6 Sect. 1 lit. f GDPR. We have a legitimate interest in a flawless deployment of the app.
You can deactivate this service directly in the settings (IOS – Settings> App> Disable usage data, Android directly in the app menu in the settings themselves).
6. Recipient of personal data
Disclosure to processors in the context of Art. 28 GDPR
Processors employed by us (Article 28 GDPR), in particular in the area of IT services and, for example, printing services that process their data in line with our instructions. Whenever we commission service providers to fulfill our tasks, we always observe the data protection regulations, in particular, they only pass on the conclusion of contracts for order processing.
Data processing to carry out a contractual relationship
If it is necessary to carry out the contract with you, for example, we will pass on your data to banks or shipping service providers.
Disclosure due to a legal obligation
If there is a legal or regulatory obligation, we will pass your data on to public bodies or institutions (authorities, for example in the context of criminal prosecution).
Other jobs, in so far as you have given us consent
If explicit consent is given, we will also pass your data on to other bodies. However, this will be within limits if there is a demonstrable consent from you.
Disclosure to obtain information
If we are in advance, e.g. In the case of purchase on account, we reserve the right to obtain identity and credit information from specialized service companies (credit reference agencies) to safeguard our legitimate interests.
7. Data processing in third countries
If a data transmission takes place in locations whose seat or place of data processing is not located in a Member State of the European Union or in another Contracting State to the Agreement on the European Economic Area, we ensure before the transfer, except in the case of exceptionally permitted by law, to the recipient either an adequate level of data protection exists (eg through a European Commission adequacy decision, through appropriate safeguards such as self-certification of the EU-US Privacy Shield beneficiary or agreement of so-called EU standard contractual clauses with the beneficiary) or you give your consent to the transfer of data.
8. Storage duration, deletion
We only store your personal data for as long as this is necessary for the fulfillment of the intended purpose or – in the case of consent – as long as you have not revoked your consent. In the event of an objection to the processing, we will delete your personal data, unless their further processing is permitted in accordance with the relevant statutory provisions. We also delete your personal data if we are obliged to do so for other legal reasons.
Applying these general principles, we will generally erase your personal information without undue delay – after elimination of the legal and unless otherwise provided for by law (such as commercial and fiscal retention periods). If the latter is true, we will delete the data after elimination of the other legal basis. – if they are no longer necessary for the purposes we have set for the preparation and execution of a contract or legitimate interests and no other legal basis (such as commercial and tax retention periods) intervenes. If the latter is true, we will delete the data after elimination of the other legal basis. – if the purpose of the acquisition pursued by us ceases and no other legal basis (for example, commercial and tax retention periods) intervenes. If the latter is true, we will delete the data after elimination of the other legal basis.
9. Links to offers from third parties
Websites as well as services of other providers, to which our application is linked, were and are designed and provided by third parties. We have no influence on the design, content and function of these third party services. We expressly dissociate ourselves from all contents of all linked offers of third parties. Please note that the third-party offers linked by our application may install cookies on your device or collect personal data. We have no influence on this. If necessary, please inform yourself directly to the providers of these linked third-party offers.
APP
Thank you for registering. The Committee will review your data and respond as quickly as possible. You can now download the app from the store. After your account is activated, you can log on with your login details.
Source: René Staud