Privacy policy

Data protection is a high priority for us. In this data privacy statement we inform you about how we process your personal data related to the use of these websites and the services offered through them.

Content

  • Responsible party and data protection officer
  • What personal data are processed?
  • Purposes and legal bases for the processing of personal data
  • Duration of storage of your personal data
  • Recipient of the data
  • Your rights
  • Can the processing of personal data or this privacy policy be amended?
  • Cookie declaration
  • How are cookies used?
  • What are your options regarding cookies and on what legal basis are cookies used?
  • Other special data processing
  • Payment processing in the ad order process
  • Contact form, contact by e-mail, e-mail newsletter and performance measurement
  • Lotteries

    Responsible party and data protection officer

    The Vogel Communications Group GmbH & Co. KG, Max-Planckstr. 7-9, 97082 Würzburg, Germany, (hereinafter referred to as "Vogel"), https://support.vogel.de is the party responsible for the processing of personal data within the scope of these web pages and the services offered through them within the scope of the EU Data Protection Basic Regulation ("DSGVO").

    If you have any queries or comments on data protection, please contact Vogel's data protection officer (address: see above, e-mail: datenschutz@vogel.de).

    What personal data are processed?

    Wenn Sie sich als Nutzer auf gebrauchtmaschinen.de registrieren, um z.B. eine Anzeige zu schalten, verarbeiten wir die folgenden Daten:

  • Type (private, dealer, service provider' company, auctioneer)
  • Company
  • Salutation
  • First name, last name
  • Title
  • Job title
  • Anschrift
  • E-Mail address
  • Password

    Some data is also transmitted automatically (mainly technical usage data). For instance, your computer automatically provides us with information such as IP address, browser type, referrer URL or time of visit when you use our websites. The relevant technical usage data can be found in the list of our technology partner for used machines at https://www.evolver.de/gdpr entnehmen.

    Purposes and legal bases for the processing of personal data

    We process your data for the purposes listed below on the legal basis stated in detail.

    Registration for gebrauchttmaschinen.de, in order to book advertisements as a user and make them accessible through the portal, or to search for advertisements and use additional features offered, is based on a contract, the general conditions of which are set out in the General Terms of Use for used-machines.com ("GTC for used-machines.com"). Should you accept the General Terms and Conditions for used-machines.com with your registration and thus a contract is concluded between you and us, we will process your data for the purpose of fulfilling this contract on the basis of Art. 6 Paragraph 1 Letter b DSGVO. Further processing based on this legal basis is contract processing and invoicing (e.g., payment processing) if you use our fee-based advertising offer.

    We are required to collect and process some data due to compulsory legal regulations. The basis that applies in this case is article 6 paragraph 1 letter. c DSGVO. This is the case, for example, if we are obliged to disclose data, e.g., to the criminal prosecution authorities, on the basis of a legal obligation or if we have to store data for a certain period of time on the basis of legal regulations, e.g., commercial or tax regulations.

    Technical usage data that your web browser transmits to our web servers are stored in log files. This is done to protect our overriding security interests and for the purpose of optimising and ensuring the functionality of our websites on the basis of legitimate interests in accordance with Art. 6 Para. 1 letter f DS-GVO. The data is not used for marketing purposes in this context. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website.

    Also, on the basis of legitimate interests in accordance with Art. 6 Paragraph 1 letter f. DS-GVO, we occasionally ask you to provide information that you can send us anonymously as part of surveys and market research. Such market surveys may also be combined with a prize draw, participation in which is voluntary. For more information on the processing operations carried out in connection with the lottery, please refer to the section on lotteries.

    If the processing is carried out on the basis of our legitimate interests, you have a right of objection in principle in this respect (see below section Your rights). There is no right of objection in cases where technical usage data is collected for the provision of our websites and this data is stored in log files for the purposes listed in this section.

    For some processing purposes we require your consent, which we will then obtain separately from you in the corresponding section. In these cases, the processing of your data is carried out on the legal basis of Art. 6 Paragraph 1 Letter a DSGVO. This is the case, for example, when we process your data in connection with participation in a prize competition (see below section on lotteries).

    For analyses, statistical evaluations, targeting and retargeting, this web site uses products from other providers, including those based on so-called cookie technology. This is subject to your consent in accordance with § 15 paragraph 3 sentence 1 TMG in conjunction with Art. 5 para. 3 sentence 1 ePrivacy Directive. Information on the processing of data using such technologies based on cookies and the tools used for this purpose, as well as on your rights to prevent the use of these technical processes, can be found in the Cookie Declaration section and the relevant information from our technology partner for used machines at https://www.evolver.de/gdpr

    Duration of storage of your personal data

    We store your data for as long as this is necessary for the fulfilment of the contract with you or we have a legitimate interest in continued storage. For instance, we do not store technical usage data (including your IP address) for longer than 7 days.

    Insofar as the processing is based on your consent or on one of our legitimate interests, the data concerned will no longer be processed for the associated purpose after receipt of your cancellation or objection and will be deleted if necessary, unless there are legal exemptions. Irrespective of this, data subject to commercial or tax retention obligations will only be deleted after expiration of the statutory periods.

    Eventually, the duration of storage is also assessed according to the statutory limitation periods, which can be up to thirty years, for example pursuant to §§ 195 et seq. of the German Civil Code (BGB), whereby the regular limitation period is three years.

    Under certain circumstances, your data has to be stored for a longer period of time, e.g. if, in connection with an official or judicial procedure, a court orders a ban on data deletion for the duration of the procedure.

    Information on the storage period of the cookies we use can be found in the cookie declaration.



    Recipient of the data

    Contract processing

    Within the scope of the services we offer at used-machines.com (including hosting), we are supported by partners who process personal data on our behalf or who can technically access this data. We have contracted with these service providers in such a way that they may only process the data for our business purposes and on our instructions. The service providers primarily include technical service providers (including affiliated companies) for maintenance, hosting and support of our IT infrastructure as well as for newsletter distribution.

    Tracking and other cookie technology service providers

    Tracking and other technical procedures based on cookie technology and implemented on our websites are provided by third parties. In this context, data is also passed on to these third parties. For information on the cookie procedures used and the corresponding third-party providers who offer the technical tools, please refer to the section Cookie Policy.

    Disclosure of your data to third parties

    Your data provided during registration will not be disclosed to third parties.

    Data transfer to third countries

    In general, we do not submit your data to other countries or third countries (countries that are neither members of the European Union nor of the European Economic Area) or to international organisations. However, data may be transferred to third countries in exceptional cases if this is necessary to provide services to you, if it is required by law or if you have given us your consent. Some of the service providers who process personal data on our behalf are located in third countries that do not offer the same level of protection for your personal data as in the EU, either because of the absence of laws, lack of rights or lack of supervision in these countries. Some recipients, especially the providers of social media channels or registered users who process your data, are also located in such third countries. Personal data will only be forwarded to third countries outside the EU if the European Commission has adopted a so-called adequacy decision (Article 45(3) of the DS-GVO) (see here) or if guarantees are provided in accordance with Article 46 of the DS-GVO, in particular standard data protection clauses adopted by the European Commission in accordance with Article 46(2)(b). c DS-GVO (see here). A copy of these clauses can be sent to you on request (e.g., by e-mail) - for contact details see the section on the responsible party and data protection officer above.

    You can also find information on any possible transfers of your data to third countries in the data protection provisions of the recipients who carry out a transfer to third countries. You can also find information on this subject under Advanced Settings of our cookie management tool, which describes our cookie-based processing.



    Your rights

    Provided that the legal requirements are met, you as a data subject are entitled to the following rights in accordance with Articles 12 to 21 DS-GVO:

    Disclosure: You have the right to request access to the data we have stored on you and the scope of the data processing and transfer we carry out and to receive a copy of the personal data stored on you.

    Correction: You have the right to request without delay the correction of personal data concerning you and stored about you if such data is incomplete or incorrect.

    Deletion: SYou have the right to ask for the immediate deletion of the personal data we hold on you if the legal requirements are met.

    This is the case in particular if

  • your personal data are no longer needed for the purposes for which they were collected;
  • the legal basis for the processing was solely based on your consent and you have revoked it;
  • you have objected to processing on the basis of legitimate interests (Art. 6 para. 1 letter f DSGVO) for personal reasons and we cannot prove that there are overriding legitimate reasons for processing your data;
  • your personal data have been processed unlawfully; or
  • your personal data must be deleted in order to comply with legal requirements.

    If we have passed on your data to third parties, we will inform them about the deletion, insofar as this is required by law.

    Please note the limitations of your right to deletion. For instance, we are not allowed to delete any data that we are obliged to retain because of legal retention periods. Data which we require for the assertion, pursuit or defence of legal claims are also exempt from your right of deletion.

    Restriction of data processing:

    You have the right to demand the restriction of processing if one of the following conditions is met:

  • You dispute the accuracy of the personal data and we must verify the accuracy of the personal data.
  • The processing is unlawful, you object to the deletion of the personal data and instead demand the restriction of the use of the personal data.
  • We no longer need your personal data for the purposes of data processing, but you need the data to assert, pursue or defend legal claims.
  • You have objected to the processing and it is pending whether our legitimate reasons outweigh yours.
  • If data processing is restricted, the data will be blocked centrally and, apart from being stored, will only be processed with your consent or for the purpose of asserting, pursuing or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the EU or an EU Member State.

    Data transferability: If we process the personal data you have provided us with automatically on the basis of your consent or a contract with you, you have the right to receive the data in a structured, common and machine-readable format and to transfer the data to another responsible party without obstruction by us. You also have the right to request that your personal data be transferred directly from us to another responsible party, insofar as this is technically feasible..

    Objections: If we process your personal data for legitimate interests or in the public interest, you have the right to object to the processing of your data for personal reasons. In addition, you have an unlimited right of objection if we process your data for our direct marketing activities. Please see our separate notice in the section on your right of objection below.

    Revocation of a consent: If you have given your consent to the processing of your personal data, you can revoke it at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

    Information on how you can specifically revoke your consent can be found at the section of our online offers where consent is specifically requested and in the Cookie Policy section of this Privacy Policy.

    Complaints: Furthermore, you have a right of appeal to a data protection supervisory authority in accordance with Art. 77 DS-GVO, § 19 Bundesdatenschutzgesetz (BDSG) if you believe that your personal data is not being processed lawfully. The right of appeal is without prejudice to any other administrative or judicial remedy.



    Your right of objection

    You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you, which is carried out on the basis of Article 6, paragraph 1, letter f of the DPA, including profiling based on these provisions.

    We will no longer process the personal data concerning you unless we can demonstrate imperative reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, pursue or defend legal claims.

    If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

    If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.

    You have the possibility of exercising your right of objection in connection with the use of Information Society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications.

    To exercise your rights, you can contact the person responsible. Contact details are available in the section on Responsible Party and Data Protection Officer or by using the contact form https://support.vogel.de



    Can the processing of personal data or this privacy policy be amended?

    The handling of personal data is constantly monitored by us against the background of the data protection regulations and adjusted if necessary. Please take note of our privacy policy statement at regular intervals, which reflects the current status of our handling of personal data. We will announce any amendments here and in your user account. In the event of contractual changes, which, for example, affect the processing of your data for the fulfilment of the contract, we will also inform you separately by e-mail.



    Cookie declaration

    "Cookies" are files which are stored on your computer when you visit this website and which your browser "remembers". A cookie file is stored in your web browser and enables the website or a third party to recognise you and to better tailor the website to you on your next visit. Cookies and tracking pixels enable us to improve and more efficiently provide our services to you and to optimise your experience on our website.

    Tracking pixels are small graphic files that are connected to our servers and allow us to track your use of our website and related functionality. We also use counting pixels or GIF files to support online advertising and, where necessary, to measure reach. This enables us to measure how many visitors have been to our websites and which advertisements they have viewed. The information collected with cookies or GIF files does not contain your name, address, telephone number or e-mail address.



    How are cookies used?

    When you access and use the websites of used-machines.com, certain cookie files are saved in your web browser, which are necessary for the operation and display of our websites. These cookies are technically essential, e.g., session cookies or cookies that store certain settings you have made (e.g. language, resolution, volume, page change) on your end device. In addition, we use cookies that are not absolutely necessary from a technical point of view, which are mainly set by third parties in order to generate statistics on the use of the website and to make our marketing efforts more targeted.

    The specific applications that work on the basis of cookies are described in detail in our cookie management tool under Advanced Settings. A list of the cookies used on our websites can be found in our cookie management tool under Cookies. Further information is available on the website of the technology partner of used-machines.com https://www.evolver.de/gdpr



    What are your options regarding cookies and on what legal basis are cookies used?/a>

    Each time you visit our websites, you can actively agree to the use of cookies that are not technically necessary for the function of our websites (usually all third-party cookies) by using the cookie management tool provided. Unless you have given your consent, such cookies that are not necessary for the function of our websites will not be set. You can revoke your consent to the use of cookies and the processing that takes place using them at any time using the cookie management tool..

    The legal basis for this consent-based cookie processing is § 15 paragraph 3 sentence 1 Telemediengesetz (TMG) in conjunction with Art. 5 para. 3 ePrivacy Directive, otherwise Art. 6 para. 1 letter f DS-GVO (our legitimate interest in the purposes described in detail in our cookie management tool).

    If you wish to delete cookies yourself or instruct your web browser to delete or prevent cookies, visit the help pages of your web browser and make the appropriate browser settings.



    Other special data processing

    Payment processing in the ad order process

    For the payment processing in the advertisement order process, we use the payment system of the external payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). For the payment process, we have integrated PayPal directly into the advertising order process on used-machines.com. After completion of your order, a PayPal popup will appear, where you can select the desired payment method (PayPal, credit card, SEPA direct debit). If you want to pay via PayPal, you will be asked to enter your PayPal login details after choosing PayPal as payment method. You can then authorise the payment using the payment method you have chosen in your PayPal account. If you do not have a PayPal account, you can alternatively pay by credit card or SEPA direct debit by entering your data after selecting the appropriate payment method and authorising the payment in the next step. After entering your payment details, the payment authorisation is transferred to PayPal via an interface and stored there for the payment.

    Contact form, contact by e-mail

    We provide a contact form on our website, which you can use to contact us electronically and to send us your query. We only collect your name and e-mail address in this contact form. The entry of your telephone number is voluntary.

    Alternatively, it is possible to contact us using the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.

    We use your data only to process your request and can contact you for this purpose using the contact details provided. This data will not be used for advertising purposes or passed on to third parties.

    The legal basis for the processing of data transmitted to us in the contact form or in the course of sending an e-mail is provided by Art. 6 para. 1 letter f DS-GVO. If the purpose of the contact is to conclude a contract, the additional legal basis for processing is provided by Article 6 paragraph 1 sentence 1 letter b DS-GVO.

    The processing of the personal data from the input mask is solely for the purpose of processing the contact. If contact is made by e-mail, this also constitutes the necessary legitimate interest for us to process the data.
    The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. The personal data entered in the input mask of the contact form and those sent by e-mail will be deleted once the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

    Right of objection

    If you contact us via the contact form or by e-mail, you can object to the storage of your personal data at any time. If you do so, the conversation will not be proceeded. To object to the use of your data, please use the main contact form https://support.vogel.de. All personal data stored during the conversation will be deleted in this case.



    E-mail newsletter and performance measurement

    If you register as a user on used-machines.com or order services (e.g., placement of an advertisement) subject to a fee, you will automatically receive information on any identical or similar products from our product portfolio that may be of interest to you by e-mail (hereinafter referred to as "newsletter") sent to the e-mail address you provided during registration or the ordering process. If the e-mail address is obtained, i.e., as part of the ordering process or during registration, we will inform you about the use of your e-mail address for advertising purposes and your right to object to this. Within the context of data processing, the data will not be passed on to third parties; the data will be used exclusively for sending newsletters and, within the scope of this, only for advertising identical or similar products.
    The legal basis for the distribution of newsletters by e-mail is § 7 para. 3 UWG in conjunction with Art. 13 para. 2 ePrivacy Directive.
    The collection of your e-mail address serves the purpose of sending the newsletter. This data will be deleted once it is no longer required for the purpose for which it was collected or if you exercise your right of objection. Your e-mail address will therefore be stored as long as a customer relationship with you exists.


    Right of objection

    You can object to receiving newsletters by e-mail at any time without this incurring any costs other than the costs of transmission in accordance with the basic pricing. For this purpose, each newsletter contains a corresponding link which allows you to unsubscribe.



    Our newsletters include a performance measurement function with an analysis of the opening rate of the e-mails and a click evaluation within a given newsletter. Data of the opening and clicking recipients are only evaluated and displayed anonymously. In addition, the collection and processing of complete IP addresses and cookies is deactivated. We use performance measurement to determine the degree of interest in specific topics and to measure the effectiveness of our communication measures. This also constitutes our legitimate interest in measuring success in accordance with Art. 6 Para. 1 letter f DSGVO.

    Right of objection with regard to performance measurement

    By exercising your right to object to the receipt of newsletters (see above), you can at the same time object to the processing of your data for the purpose of measuring success.



    Lotteries

    Surveys and market surveys may be combined with the option to participate in a lottery. Participation in such a lottery is voluntary. If you decide to participate and give your consent, we will process the following data for the purpose of conducting the respective lottery:

  • E-Mail address
  • Company name
  • Name

    The collection of this data is carried out,

  • to enable you to participate in our lotteries;
  • to determine the winners of our lotteries;
  • to correspond with the participants in the lottery (e.g., notification of winners);
  • for statistical evaluation of the lotteries.

    The processing of the above-mentioned data follows your request to participate in the competition and, on the basis of your consent, which will be obtained separately from you at an appropriate point, is required in accordance with Article 6 paragraph 1 sentence 1 letter a of the DS-GVO for the above-mentioned purposes for participation in the respective lottery, determination of the winners, distribution of the winnings and correspondence with the participants.

    Revocability of consent given

    You can revoke your consent at any time. Please use our contact form for this purpose. In case of revocation, we are not allowed to process your data for the purpose of the lottery. This may also result in our not being allowed to notify you in the event of a win. Revocation does not affect the legality of the data processing carried out on the basis of the consent given until revocation.



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