Privacy policy for the BCS Management Portal: Spelsberg
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Privacy policy for the "BCS Management Portal"

Version 2022-11-02

1. Description

The Spelsberg Bike Charging Station BCS SMART System (hereinafter referred to as "System") is a system for charging e-bike batteries and comprises a BCS charging station, a BCS Cloud solution with operator portal (hereinafter referred to as "BCS Management Portal") and a BCS Finder mobile app (hereinafter referred to as the "app"). The app is intended for use by end users, the charging station / cloud / management portal solution is aimed at commercial end customers. This system is provided by Günther Spelsberg GmbH + Co. KG, Im Gewerbepark 1, D-58579 Schalksmühle (hereinafter referred to as "Spelsberg or person responsible") to the operators of such a charging station (hereinafter referred to as "operator"). These data protection notices apply to the registration and processing of personal data of the operator in the BCS Management Portal. As part of the BCS Management Portal, we enable you to call up and display the following information: Monitoring and controlling the BCS charging stations, managing the charging station data and viewing statistics.
When you use the BCS Management Portal, we process personal data about you. Personal data is understood to mean all information that relates to an identified or identifiable natural person. The protection of your privacy when using the BCS Management Portal is important to us. Therefore, with the following information, we are informing you which personal data we process when you use the BCS Management Portal and how we handle this data. In addition, we will inform you about the legal basis for the processing of your data and, insofar as the processing is necessary to safeguard our legitimate interests, also about our legitimate interests. You can change this data protection declaration at any time under the menu item "Data protection" in Call up the settings menu within the BCS Management Portal.

 

2. Name and contact details of the person responsible for processing

Günther Spelsberg GmbH + Co. KG personally liable partner: Spelsberg Verwaltungs GmbH Managing Directors: Thorsten Schwippert

Im Gewerbepark 1 58579 Schalksmühle Germany Tel .: +49 (0) 2355 / 892-0 Email: info@spelsberg.de Website: www.spelsberg.de

 

3. Name and address of the data protection officer

The data protection officer of the person responsible is: Markus Kowall, IT Südwestfalen AG, Kalver Strasse 23, 58515 Lüdenscheid, Germany, +49 (0) 2351 / 672573-00, datenschutz@spelsberg.de, www.it-swf.de.

 

4. Information on the processing of your data

Certain information is processed automatically as soon as you use the BCS Management Portal. In the following, we have listed exactly which personal data is processed for you.

4.1 Information collected during registration

Charging station operators have the option of registering in the BCS Management Portal by providing personal data. The data is entered in an input mask and transmitted to us and stored. The following data is collected during the registration process:

  • Browser type / browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address
  • E-mail address
  • Salutation
  • Surname
  • First name
  • address
  • Location data of the charging stations
  • password
  • Date and time of registration

4.2 Information that is collected when the license is renewed

Charging station operators have the option of ordering a license extension via the BCS Management Portal. The following data is collected in addition to the data in accordance with Section 4.1 as part of this process:

  • E-mail address
  • Salutation
  • Surname
  • First name
  • Company name of the company
  • Company address
  • Company tax number
  • Date and time of the order

4.3 Information that is collected when using the portal

As part of your use of the portal, you can enter, manage and edit various information, tasks and activities. This information includes in particular data about the charging stations of the BCS system, determination of location, statistical data as well as monitoring and control. As part of your use of the portal, we collect certain data that are required for the use of the service.

4.4 Legal basis for this data processing

This data processing is justified by the fact that (1) the processing is necessary for the fulfillment of the contract between you as the data subject and us in accordance with Art. 6 Para. 1 lit.b) GDPR for the use of the portal, or (2) we have a legitimate interest have to ensure the functionality and error-free operation and to be able to offer a market and interest-based service, which outweighs your rights and interests in the protection of your personal data within the meaning of Art. 6 Para. 1 lit.f) GDPR. If consent has been given, the legal basis for processing the data is Art. 6 Para. 1 S. 1 lit. a) GDPR. General non-personal data is automatically transmitted to us, but not stored, (1) to provide you with the service and the associated functions; (2) to improve the functions and features of the service and (3) to prevent and eliminate misuse and malfunctions.

 

5. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case for the data collected during the registration process to fulfill a contract or to carry out pre-contractual measures when the data is no longer required for the execution of the contract. Even after the conclusion of the contract, it may be necessary to save personal data of the contractual partner in order to meet contractual or legal obligations.


6. Disclosure and transfer of data

In addition to the cases explicitly mentioned in this data protection declaration, your personal data will only be passed on without your express prior consent if it is legally permissible or necessary.

 

7. Use of GoogleMaps

7.1 Description and scope of data processing

Our portal uses the GoogleMaps API for map display and route planning. The GoogleMaps API is a map service from Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) (GoogleMaps). When you use our portal, our website establishes a direct connection with the GoogleMaps servers. The map content is transmitted directly to our website by GoogleMaps and displayed. We therefore have no influence on the amount of data that GoogleMaps collects in this way. GoogleMaps does not process any personal data; the location data you provide for the charging station are processed anonymously. A personal reference based on the location data is not possible for us or GoogleMaps.

7.2 Purpose of data processing

The use of GoogleMaps takes place in the interest of easy findability of the charging stations in our separate BCS Finder app.

7.3 Legal basis for data processing

This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit.f) GDPR.

7.4 Transfer to third parties

For more information about the purpose and scope of data collection and the further processing and use of the data by GoogleMaps, your rights in this regard and setting options for protecting your privacy, please refer to the GoogleMaps data protection information at policies.google.com/privacy? hl = de. There it says, among other things, that the IP address of the visitor, the address of the page visited, the date and time and the pages that are accessed are stored. According to its own information, GoogleMaps uses this information exclusively to improve the service provided for diagnostic and analysis purposes. GoogleMaps does not pass on personal data to third parties.

7.5 Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.

 

8. Data transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

 

9. Purpose changes

Your personal data will only be processed for purposes other than those described if a legal provision allows this, or you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you about these other purposes before further processing and provide you with all other relevant information.


10. Deletion of data The data

processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons. According to legal requirements in Germany, the storage takes place in particular for 6 years in accordance with § 257 Paragraph 1 HGB (trading books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 Paragraph 1 AO (books, records , Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

 

11. Your rights as a data subject

11.1 Right of providing information

You have the right to request information from us at any time about the personal data relating to you processed by us within the scope of Art. 15 GDPR. To do this, you can submit an application by post or email to the address given below.

11.2 Right to correct incorrect data

You have the right to request us to correct your personal data without delay if it is incorrect. To do this, please use the contact addresses given below.

11.3 Right to cancellation

You have the right, under the conditions described in Art. 17 GDPR, to request that we delete your personal data. These prerequisites provide for a right to erasure in particular if the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, as well as in cases of unlawful processing, the existence of an objection or the existence of an obligation to erase under Union law or the law of the member state to which we are subject. For the period of data storage, see also section 5 of this data protection declaration. In order to exercise your right to deletion, please contact the contact addresses given below.

11.4 Right to restriction of processing

You have the right to demand that we restrict processing in accordance with Art. 18 GDPR. This right exists in particular if the correctness of the personal data is disputed between the user and us, for the duration that the correctness is required to be checked, as well as in the event that the user requests restricted processing instead of deletion with an existing right to deletion ; also in the event that the data is no longer required for the purposes we are pursuing, but the user needs it to assert, exercise or defend legal claims and if the successful exercise of an objection between us and the user is still controversial.
In order to exercise your right to restriction of processing, please use the contact addresses given below.

11.5 Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common, machine-readable format in accordance with Art. 20 GDPR. In order to assert your right to data portability, please use the contact addresses given below.

 

12. Right to object

You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data relating to you, which is based, among other things, on Art. 6 Para. 1 lit. e) or f) GDPR takes place, to lodge an objection according to Art. 21 GDPR. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

 

13. Right to complain

According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that your personal data is being processed unlawfully. The address of the supervisory authority responsible for our company is: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, Kavalleriestr. 2-4, 40213 Düsseldorf Email: poststelle@ldi.nrw.de. In addition, you have the option of contacting the supervisory authority at your usual place of residence (place of residence).

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