When using services, purchasing vehicles / spare parts / accessories and bicycles, we set out below the extent to which we collect and process personal data when services are used, when vehicles / spare parts are purchased or when new vehicles are ordered.
New Vehicle Order
When ordering a new vehicle, the personal data required to execute the contract are collected by the dealership for order processing and customer management purposes. The personal data necessary for contractual execution concerning the ordered vehicle are transmitted to Mercedes-Benz Group AG / Daimler Truck AG / smart Europe GmbH / KIA Europe GmbH as the vehicle manufacturers for further contractual processing. Purchase of a Used Vehicle or of Spare Parts / Accessories and Bicycles When purchasing a used vehicle or spare parts, the dealership collects and processes the personal data relevant for contractual execution [name, address, details of the purchased vehicle, product, part] for contract fulfilment.
Credit Check via Creditreform Boniversum GmbH
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we cooperate with Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, from whom we receive the necessary data. On behalf of Creditreform Boniversum, we inform you in advance of the following information pursuant to Art. 14 EU GDPR: Creditreform Boniversum GmbH is a consumer credit agency. It maintains a database storing creditworthiness information on private individuals. On this basis, Creditreform Boniversum provides credit reports to its clients. Clients include, for example, credit institutions, leasing companies, insurance companies, telecommunications firms, debt collection agencies, mail-order, wholesale and retail companies, and other businesses that supply goods or services. Within legal limits, part of the data stored in the credit report database is also supplied to other company databases, including for address marketing purposes. In the Creditreform Boniversum database, information is stored, in particular, about names, addresses, dates of birth, email addresses (where applicable), payment behaviour and shareholdings of individuals. The purpose of processing the stored data is to provide information on the creditworthiness of the person concerned. The legal basis for processing is Art. 6(1)(f) EU GDPR. Reports on these data may only be provided if a client demonstrates a legitimate interest in knowing this information. Should data be transferred to countries outside the EU, this is done on the basis of the so-called “standard contractual clauses”, which you can view or request at the following link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32001D0497&from=DE.
Data are stored for as long as their knowledge is necessary to fulfil the storage purpose. Typically, this is for an initial retention period of three years. After that, it is reviewed whether continued storage is necessary; otherwise, the data are deleted to the day. Upon resolution of a matter, the data are deleted three years after resolution, to the day. Entries in the debtor register are deleted pursuant to § 882e ZPO three years after the date of the entry order, to the day. Legitimate interests under Art. 6(1)(f) EU GDPR may include: credit decisions, business initiation, shareholdings, claims, credit checks, insurance contracts, enforcement information. You have the right to request information from Creditreform Boniversum GmbH about the data they hold about you. If the data held about you are incorrect, you have the right to rectification or deletion. If it cannot be determined immediately whether the data are correct, you have the right to have the data blocked until clarification. If your data are incomplete, you may request completion. If you have given your consent to the processing of data held at Creditreform Boniversum, you have the right to withdraw this consent at any time. Withdrawal does not affect the lawfulness of processing carried out on the basis of your consent up to the point of withdrawal.
Should you have any objections, wishes or complaints regarding data protection, you may contact the Data Protection Officer at Creditreform Boniversum at any time. They will assist you promptly and confidentially with all data protection issues. You may also lodge a complaint about Boniversum’s data processing with the state data protection authority responsible for your federal state.
The data that Creditreform Boniversum holds about you originate from publicly accessible sources, debt collection agencies and their clients. To describe your creditworthiness, Creditreform Boniversum creates a score value from your data. The score value includes data on age and gender, address data and, in part, payment experience data. These data are weighted differently in the score calculation. Creditreform Boniversum’s clients use the score values as an aid in making their own credit decisions.
Right to Object: The processing of data stored at Creditreform Boniversum GmbH is carried out for compelling legitimate reasons of creditor and credit protection that regularly outweigh your interests, rights and freedoms, or to assert, exercise or defend legal claims. You may only object to the processing for reasons arising from your particular situation which must be proven. If such reasons are proven, the data will no longer be processed. If you object to the processing of your data for advertising and marketing purposes, the data will no longer be processed for these purposes. The data controller pursuant to Art. 4(7) EU GDPR is Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss. Your contact at our company is Consumer Service, Tel.: 02131/36845560, Fax: 02131/36845570, Email: selbstauskunft@boniversum.de
You can reach the Data Protection Officer at: Creditreform Boniversum GmbH, Data Protection Officer, Hellersbergstr. 11, 41460 Neuss, Email: datenschutz@boniversum.de.
Data Transmission to SCHUFA Holding AG
As part of a contractual relationship, Kunzmann transmits personal data collected on the application for, execution of and termination of this business relationship, as well as data on non-contractual or fraudulent behaviour, to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. The legal bases for these transmissions are Article 6(1)(b) and Article 6(1)(f) of the GDPR. Transmissions based on Article 6(1)(f) GDPR may only occur if necessary to safeguard the legitimate interests of the contracting party or third parties and do not override the interests or fundamental rights and freedoms of the data subject requiring personal data protection.
Data exchange with SCHUFA also serves to fulfil legal obligations for the conduct of creditworthiness checks of customers (§ 505a and 506 of the German Civil Code). SCHUFA processes the received data and also uses it for profiling (scoring) to provide its contracting partners in the European Economic Area and Switzerland, and where applicable other third countries (if there is an adequacy decision by the European Commission), with information for assessing the creditworthiness of natural persons. Further information on SCHUFA’s activities can be found in the SCHUFA information leaflet under Art. 14 GDPR or online at www.schufa.de/datenschutz.
Digital Customer Information After Vehicle Purchase
After vehicle delivery, we will send you a one-off email containing a link to an information platform about your vehicle. For this, we process the following data: name, email address, vehicle model, customer segment. The legal basis is Art. 6(1)(b) GDPR (contract performance). We use a service provider as processor for dispatch. The data will be deleted by the provider no later than 12 months after dispatch.
Order and Shipping Processing in Our Online Shop
As part of contract processing in our online shop, we disclose the email address you use for your order to our shipping service provider to ensure secure delivery and tracking of the shipment. For freight shipments, the telephone number is additionally transmitted to arrange a delivery appointment with you.
Payment Processing with Adyen
We use the payment service provider Adyen, a Dutch company based in Amsterdam (Adyen N.V., Simon Carmiggeltstraat 6, 1011 DJ Amsterdam, Netherlands), for online payments.
When payments are made via Adyen, your payment data are processed directly and exclusively by Adyen. We do not receive full payment data (e.g. full credit card numbers), but only a shortened reference necessary for order processing. Adyen’s security standards comply with current requirements and thus provide you with secure payment processing. For further information on Adyen’s handling of personal data, please refer to their privacy policy under:
https://www.adyen.com/de_DE/privacy-policy
By using Adyen, you agree to the processing of your payment data by Adyen in accordance with their privacy policy
Services / Repair and Maintenance
Kunzmann collects and processes the personal data relevant to the provision and billing of services. This also includes internal company documentation of services provided for proof purposes. In addition, personal data may be transmitted to other companies involved in the repair (e.g. paint shop). Such companies may receive personal data – for example your name – if required for contract fulfilment. If you use services (e.g. repairs, maintenance), the operating data stored in the vehicle, together with the vehicle identification number, may, if necessary, be read out and processed for providing the contractually owed service. The same applies to warranty cases and quality assurance measures. The operating data document technical conditions of the vehicle or individual components, aid in fault diagnosis, compliance with warranty obligations and quality improvements. These data, especially information on component stresses, technical events, misuse and other faults, may be transmitted, together with the vehicle identification number, to the manufacturer. Furthermore, the manufacturer is subject to product liability. The manufacturer also uses operating data from vehicles, for example for recall actions. These data may also be used to examine customer warranty and guarantee claims. This applies to manufacturers Mercedes-Benz Group AG / Daimler Truck AG / smart Europe GmbH / KIA Europe GmbH and Volkswagen AG. In addition, for queries about a specific repair, operating data about the vehicle that may be personally identifiable may be transferred to the manufacturer (technical hotline, vehicle diagnosis/telediagnosis). Error memory in the vehicle may be reset during repair and service work or at your request.
Cost Estimates / Cost Coverage by Manufacturer
If we prepare cost estimates for you, we collect the personal data necessary for this purpose (type of damage, and/or affected vehicle, and, if applicable, insurance details and your contact information). If you wish cost coverage by an insurer, we forward these data to the insurer to the extent required for cost verification. In the case of a warranty / guarantee / goodwill request, the necessary personal data are forwarded to the manufacturer to examine reimbursement.
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