Data privacy and protection notice
The protection of our person-related data is important to us. By using this website, you are consenting to the collection, use and transfer of your data in accordance with this data privacy and protection notice. Person-related data is any information about a named or identifiable person.
1. Responsible Office
The office responsible for the collection, processing and use of your personal data within the meaning of the GDPR is
ERR European Rail Rent GmbH
Data security officer
Herr Dirk Tscholitsch
2. General Use of the Website
2.1 Access data
We collect information about you when you use this website. Information about your usage behaviour and your interaction with us is automatically collected and data about your computer or mobile device is registered. We collect, store and use information each time our online offer is accessed (so-called server log files). The access data includes file name and URL of the retrieved file, date and time of retrieval, volume of data transfer, report about successful retrieval (HTTP response code), browser type and browser version, operating system, referring URL (i.e. the page you visited prior), IP address and the requesting provider.
We use the logfiles without assigning them to your person or creating any kind of profile for the purpose of statistical evaluation for our business, security and the optimisation of our online offer; we also use them for the anonymous recording the number of visitors to our website (traffic) and the scope and type of use of our website and services, as well as for accounting purposes which counts the number of clicks received from cooperation partners. Based on this information we can provide personalised and localised content, and we can analyse the data traffic, look for and resolve errors and improve our services. We reserve the right to review the logfiles retroactively if there are specific reasons which justify the suspicion of unlawful use. We store IP addresses for a limited period of time in the logfiles if necessary for security purposes or for the provision of services or the billing of a service, e.g. if you use one of our offers. When the order activity is abandoned or after payment has been received, we delete the IP address if it is no longer necessary for security purposes. We also store IP addresses if we have a concrete suspicion of a crime in connection with the use of our website. Furthermore, we store the date of your last visit (e.g. during registration, login, clicking on links, etc.) as part of your account.
The provision of such technical data is neither statutorily nor contractually required or necessary for the conclusion of a contract in principle. You are not obliged to provide the personal data. If your system does not make the required information completely or partially available, this can cause our website to not or not completely be retrieved.
2.2 Email / contact
When you contact us (e.g. using the contact form or by email), we store your information to process the request as well as for the possibility that connection issues arise. We only store and use other person-related data when you provide your consent or it is permitted without special consent by law.
2.3 Newsletter distribution
If you have subscribed to our newsletter, we have your consent to use your personal data, particularly your email address and name, in order to send you the newsletter. You can withdraw your consent with effect for the future at any time without notice for any reason.
The data processing is done on the basis of Article 6, para. 1, let. A General Data Protection Regulation (GDPR).
We store your data until you cancel your subscription to the newsletter or withdraw your consent.
We use session cookies for our internet presence. Cookies are text files that are sent in the course of your visit to our web pages from our web server to your browser and are stored on your computer for later retrieval. Your name is not transferred.
You can determine whether you want cookies set in the settings of your browser. You can completely disable the storage of cookies, limit it to certain websites, or configure your browser so that it automatically notifies you as soon as a cookie should be set.
Collecting or storing person-related data in cookies does not take place in this context by us. The cookies we use are exclusively the so-called session cookies which do not allow tracking user behaviour. We also do not use technologies that link user data to any information - such as IP address - through the cookies.
The data processing is done on the basis of Article 6, para. 1, let. A GDPR.
2.5 Google AnalyticsWe use the service "Google Analytics" provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) for the analysis of website use by users. Google Analytics makes use of ‘cookies’ which are text files stored on your personal computer and which facilitate the analysis of your usage of the website. The information generated by the cookie about the use of this website by the visitor is usually transmitted to a server operated by Google in the USA and stored there. In the event that the IP anonymization is activated for this website, your IP address is abbreviated by Google within most member countries of the European Union or other treaty partners to the Agreement on the European Economic Region. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and abbreviated there. IP-anonymization is active on this website. We commission Google to use this information for evaluating your use of the website, for creating reports about the website activity and for providing other services linked to the use of the website and the internet. The IP address transmitted from your browser in the context of Google Analytics is not linked to other data by Google. You can set your browser software to block cookies; however, we do caution you that you will not be able to use all of the functionalities of the website in this case. You can also prevent the data generated by the cookie which is related to your use of this website (including your IP address) being recorded by Google, as well as Google's processing of this data, by downloading and installing the available browser plugin using the following link: http://tools.google.com/dlpage/gaoptout?hl=de As an alternative to the browser plugin or within the browsers on mobile devices, you can click on the following link in order to set an opt-out cookie which prevents Google Analytics from collecting on this website in future (this opt-out cookie only works in this browser and only for this domain. If you delete your cookies in your browser, you must click on this link again): Disable Google Analytics
2.6 Legal basis and duration of storage
Article 6(1)(f) of the General Data Protection Regulation (GDPR) is the legal basis for the data processing under the above items. In specific, our interests in the data processing are to ensure the operation and security of the website, to conduct research on the nature and manner of use of the site by visitors, and simplification of how the website is used. If nothing more specific is indicated, we store person-related data only as long as needed to meet our stated purposes.
3. Your Rights As A Concerned Party in Data Processing
You have various rights regarding your personal data under the applicable laws. If you want to assert these rights, please send your request per email or post with a clear identification of your person to the address mentioned in Section 1 above. The following is an overview of your rights.
3.1 Right to confirmation and information
You have the right, at any time, to receive a confirmation from us as to whether your personal data is being processed. If this is the case, you have the right to receive information and a copy of the person-related data stored about you at no charge. Furthermore, you have the right to the following information:
- The purposes of the processing;
- The categories of personal data being processed;
- The recipients or categories of recipients to whom this person-related data is being disclosed or has been disclosed, in particular, recipients in third countries or at international organisations;
- The planned duration, if possible, for which the person-related data is being stored, or, if that is not possible, the criteria for determining the duration;
- The existence of a right to correction or deletion of the personal data about you, or a restriction on the processing by the responsible parties, or a right to oppose this processing;
- The existence of a right to appeal before a supervisory authority;
- All available information about the origin of the data that was not collected from you in regards to person-related data.
3.2 Right to correction
You have the right to request that we promptly correct any inaccurate person-related data about you. You have the right to request - also through a supplementary declaration - that any incomplete personal data about you be completed, under consideration of the purpose.
3.3 Right to data deletion
You have the right to demand from us that personal data be deleted immediately. We are obliged to delete personal data immediately in so far as it concerns one of the following reasons:
- Person-related data is no longer necessary for the purposes for which it is collected or otherwise processed.
- You revoke your consent to the processing which is based on Article 6(1)(a) and Article 9(2)(a) GDPR and no other legal basis for the processing exists.
- In accordance with Article 21(1) GDPR, you file an objection to the processing, and there are no legitimate reasons of priority for the processing, or you file an objection to the processing under Article 21(2) GDPR.
- The person-related data was processed unlawfully.
- The deletion of the personal data is required to fulfil a legal obligation in accordance with Union law or the law of a Member State to which we are subject.
- The personal data has been collected in relation to information society services provided in accordance with Article 8(1) GDPR. If we have made personal data public and are obliged to delete it, we also take appropriate measures, including technical, to inform the party responsible for the processing of the personal data, that you have requested the deletion of this personal data or copies or replicas of this personal data, taking available technology and implementation costs into account.
3.4 Right to restricted processing
You have the right to request that we restrict the processing if any of the following conditions exist:
- The accuracy of the personal data is disputed by you, for a period that allows us to verify the correctness of the personal data;
- The processing is unlawful and you reject having your personal data deleted and instead request that the use of personal data be restricted;
- We no longer need the personal data for the purpose of processing, however, you need the data to exercise, assert or defend legal claims; or
- You have filed an objection to the processing in accordance with Article 21(1) GDPR for as long as it is not clear whether the interests of our company prevail or yours.
3.5 Right to data portability
You have the right to receive the person-related data concerning yourself, which you have prepared, in a structured, common and machine readable format, and you have the right to transfer this data to another responsible party without interference from us as long as
- the processing is based on a consent in accordance with Article 6(1)(a) GDPR, or Article 9(2)(a) GDPR, or a contract according to Article 6(1)(b) GDPR, and
- the processing takes place using an automated procedure. In exercising your right to data transferability under Paragraph 1, you have the right to have the personal data transferred directly from us to another responsible party as long as this is technically feasible.
3.6 Right of objection
You have the right to file an objection to the processing of personal data under Article 6(1)(e) or (f) GDPR that concerns you for reasons arising from your specific situation; this also applies to profiling based on these provisions. We do not further process person-related data unless we can provide evidence of compelling grounds for protection that prevail over your interests, rights and freedoms, or the processing is used for the establishment, exercise or defence of legal claims. If personal data is processed by us in order to advertise directly, you have the right at any time to object to the processing of the personal data relating to you for the purposes of such advertising; this also applies to profiling in so far as it related to direct advertising. You have the right to file an objection to the processing of person-related data concerning you for reasons that arise from your particular situation that is used for scientific or historical research purposes or for statistical purposes according to Article 89(1) GDPR unless the processing is necessary to perform a task in the public interest.
3.7 Automated decision-making including profiling
You have the right to not be subjected to a decision based on an exclusively automated processing - including profiling - that results in a legal effect against you or has a similar influence on you.
3.8 Right to revocation consent under data privacy law
You have the right to revoke your consent to the processing of your person-related data at any time.
3.9 Right to file a complaint with a supervisory authority
You have the right to file a complaint with a supervisory authority, in particular, one in the Member State of your residence, your workplace, or the place of the suspected violation if you believe that the processing of the person-related data concerning you is unlawful.
4. Data Security
We make the maximum effort to protect your data within the framework of the applicable data protection laws and technical possibilities. Your personal data will be transmitted in encrypted form. This applies to your orders and also for you customer login. We use the SSL (Secure Socket Layer) coding system, however, we inform you that security gaps may occur during data transfer over the internet (e.g. for communication per email). Seamless data protection from access by third parties is not possible. We maintain technical and organisational security measures to safeguard your data, and we regularly update these to the latest state of the art. We also do not guarantee that our offer is available at certain times; technical problems, interruptions or downtimes cannot be excluded. The servers we use are regularly backed up with great care.
5. Automated Decision-Making
Automated decision-making based on person-related data does not take place.
6. Data Sharing with Third Parties, No Data Sharing in Non-EU Countries
We only use your personal data within our company in principle. If, and to the extent, we include a third party within the framework of fulfilling contracts (such as logistic services), this personal data is only transmitted to the extent that it is needed for performing the corresponding service. In the event that we store certain parts of the data processing (“data processing orders”), we contractually oblige data processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject. Data transmission to places or persons outside the EU, outside the cases mentioned in this declaration in Section 2.5, does not take place and is not planned.
7. Data Protection and Security Officer
(Optional) If you still have any questions or concerns about privacy, please contact our data protection and privacy representative: …
8. Links to Other Providers
Please note that our pages may contain links to the websites of other providers to which this data privacy and protection notice does not apply.