a&o Privacy Policy – A & O Spedition GmbH

Privacy Policy

We are very pleased about your interest in our company. Data protection is of particular importance to the management of A & O Spedition GmbH. The use of the A & O Spedition GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to A & O Spedition GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights through this privacy policy.

A & O Spedition GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can generally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, it is open to any data subject to transmit personal data to us through alternative means, such as by phone.

1. Definitions

The privacy policy of A & O Spedition GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

a) Personal dataPersonal data means any information relating to an identified or identifiable natural person (hereinafter „data subject“). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. b) Data subjectData subject is any identified or identifiable natural person whose personal data is processed by the data controller. c) ProcessingProcessing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. d) Restriction of processingRestriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. e) ProfilingProfiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. f) PseudonymizationPseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. g) Controller or data controllerController or data controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. h) ProcessorProcessor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller. i) RecipientRecipient is a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients. j) Third partyThird party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data. k) ConsentConsent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of Data Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in Member states of the European Union, and other provisions related to data protection is:

A & O Spedition GmbH, Rather Str. 78, 40476 Düsseldorf, Germany Tel.: +49 (0)211 2003 300 0 Email: email@auo-logistics.com Website: auo-logistics.com

3. Cookies

The websites of A & O Spedition GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables visited internet pages and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, A & O Spedition GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. The user of a website that uses cookies, for example, does not have to enter access data each time the website is accessed because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently oppose the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.

4. Collection of General Data and Information

The website of A & O Spedition GmbH collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, A & O Spedition GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, A & O Spedition GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as stipulated by the European legislator or another applicable legislator in laws or regulations to which the data controller is subject.

Once the purpose of storage is no longer applicable or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

6. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right, granted by the European legislator, to obtain confirmation from the data controller as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the data controller at any time.

b) Right to Information

Every data subject processed personal data has the right, granted by the European legislator, to obtain from the data controller free information about their stored personal data and a copy of this information. Furthermore, the European legislator has provided the data subject with the following information:

the purposes of the processing
the categories of personal data concerned
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject: any available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Additionally, the data subject has the right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right to information, they can contact an employee of the data controller at any time.

c) Right to Rectification

Every data subject has the right, granted by the European legislator, to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the data controller at any time.

d) Right to Erasure (Right to be Forgotten)

Every data subject has the right, granted by the European legislator, to request from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
the data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
the data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
the personal data have been unlawfully processed.
the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the above-mentioned reasons applies, and a data subject wishes to request the erasure of personal data stored by A & O Spedition GmbH, they can contact an employee of the data controller at any time. The employee of A & O Spedition GmbH will ensure that the erasure request is complied with immediately.

Where the personal data have been made public by A & O Spedition GmbH and our company is obliged pursuant to Article 17(1) to erase the personal data, A & O Spedition GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of A & O Spedition GmbH will arrange the necessary in individual cases.

e) Right to Restriction of Processing

Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
the processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by A & O Spedition GmbH, they can contact an employee of the data controller at any time. The employee of A & O Spedition GmbH will initiate the restriction of processing.

f) Right to Data Portability

Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and
the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject can contact any employee of A & O Spedition GmbH at any time.

g) Right to Object

Every data subject has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

A & O Spedition GmbH shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

If A & O Spedition GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to A & O Spedition GmbH processing for direct marketing purposes, A & O Spedition GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by A & O Spedition GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject can contact any employee of A & O Spedition GmbH or another employee directly. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.

h) Automated Individual Decision-Making, Including Profiling

Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, A & O Spedition GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, they can contact an employee of the data controller at any time.

i) Right to Withdraw Consent

Every data subject has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they can contact an employee of the data controller at any time.

7. Data Protection Provisions for the Use of Google Analytics (with Anonymization Function)

The data controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service that involves the collection, gathering, and evaluation of data regarding the behavior of visitors to websites. A web analytics service captures, among other things, data about the website from which a data subject accessed a particular website (so-called referrer), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. Web analytics is predominantly used to optimize a website and for cost-benefit analysis of internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the extension „_gat._anonymizeIp“ for web analytics via Google Analytics. By means of this extension, the IP address of the data subject’s internet connection is shortened and anonymized by Google when accessing our website from a member state of the European Union or another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the data and information obtained to evaluate the use of our website, compile online reports showing activities on our websites, and provide other services related to the use of our website.

Google Analytics sets a cookie on the data subject’s information technology system. The nature of cookies has been explained above. By setting the cookie, Google enables an analysis of the use of our website. Each time one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component is integrated, is called up, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently facilitate commission settlements.

The cookie stores personal information, such as the access time, the location from which an access originated, and the frequency of visits to our website by the data subject. Each time our website is visited, this personal data, including the IP address of the data subject’s internet connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.

The data subject can prevent the setting of cookies by our website, as described above, at any time by adjusting the settings of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser would also prevent Google from setting a cookie on the data subject’s information technology system. In addition, cookies already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to the collection of data generated by Google Analytics that is related to the use of this website, as well as the processing of this data by Google, and to prevent such processing. To do this, the data subject must download and install a browser add-on at the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information regarding website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as a contradiction. If the data subject’s information technology system is later deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, there is the option of reinstalling or reactivating the browser add-on.

Further information and Google’s applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

8. Use of Webfonts

This website uses external fonts, Google Fonts. Google Fonts is a service of Google Inc. („Google“). The integration of these web fonts is done by a server call, usually a server of Google in the USA. This transmits to the server which of our websites you have visited. The IP address of the visitor’s browser is also stored by Google. More information can be found in Google’s privacy policy, which you can access here: www.google.com/fonts#AboutPlace:about www.google.com/policies/privacy/

9. Data Protection Provisions for the Use of Xing

The data controller has integrated components of Xing on this website. Xing is an internet-based social network that enables users to connect with existing business contacts and establish new business contacts. Individual users can create a personal profile on Xing. Companies, for example, can create company profiles or publish job offers on Xing.

The operating company of Xing is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.

Each time one of the individual pages of this website, which is operated by the data controller and on which a Xing component (Xing plug-in) is integrated, is called up, the internet browser on the data subject’s information technology system is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. Further information about Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical process, Xing becomes aware of which specific subpage of our website is visited by the data subject.

If the data subject is logged into Xing at the same time, Xing recognizes with each call-up to our website by the data subject and for the entire duration of their stay on our website which specific subpage of our website the data subject visits. This information is collected through the Xing component and is associated with the respective Xing account of the data subject. If the data subject clicks on one of the Xing buttons integrated on our website, for example, the „Share“ button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.

Xing receives information via the Xing component that the data subject has visited our website whenever the data subject is logged into Xing at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Xing component or not. If such a transmission of information to Xing is not desirable for the data subject, they can prevent this by logging out of their Xing account before calling up our website.

The privacy policy published by Xing, which is available at https://www.xing.com/privacy, provides information on the collection, processing, and use of personal data by Xing. Xing has also published privacy information for the XING share button at https://www.xing.com/app/share?op=data_protection.

10. Legal Basis for Processing

Art. 6 I lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example, in the case of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the abovementioned legal grounds if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

11. Legitimate Interests Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

12. Duration for Which the Personal Data will be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of the period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

13. Legal or Contractual Requirements for the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data may be partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Non-provision of personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will provide the data subject with individual information on whether the provision of personal data is legally or contractually required or necessary for the conclusion of a contract, whether there is an obligation to provide personal data, and what consequences the non-provision of personal data would have.

14. Existence of Automated Decision-Making

As a responsible company, we refrain from automated decision-making or profiling.

This privacy policy was created by the privacy policy generator of Datenschutz Bielefeld in cooperation with RC GmbH, which recycles used laptops, and the file-sharing lawyers of WBS-LAW.

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