DATA PROTECTION AND LEGAL NOTICES


 

We are delighted you have visited our website www.bikecitizens.net. Bike Citizens, a brand by Smettly GmbH, (in the following “we” or “Bike Citizens”) take data protection very seriously. 

You will find more information about the use of your data here:


GENERAL INFORMATION

NAME AND ADDRESS OF THE RESPONSIBLE PARTY

The responsible party as defined in the General Data Protection Regulation and other national data protection legislation of member states as well as other data protection regulations is:

Smettly GmbH
Betriebsstraße 21
A-4224 Wartberg ob der Aist
Tel.: +43 7236 218 218 218
E-Mail: info@bikecitizens.net
Website: www.bikecitizens.net

PROCESSORS

In part, we use external service providers to process personal data (“processors”). These have been carefully selected and commissioned by us, are bound by our instructions and are regularly checked.

TRANSFER OUTSIDE THE EEA

In the following cases, we transfer data to recipients based outside the European Economic Area (EEA):

  • Google LLC (“Google“) with offices at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA processes data on our behalf. We transfer device recognition and information about app usage frequency to Google. The legal basis for this transfer is the legitimate interest for purposes of analysis (Art. 6 Para. 1 letter a GDPR) as well as fulfillment of contracts for purposes of communication (Art. 6 Para, 1 letter b GDPR).
    Important: All other data (e.g. recorded GPS tracks or stored start/destination routes) are not transferred to Google LLC (“Google”).
  • Payments in the online shop are processed via the service provider Stripe, Inc. as part of contract fulfilment (Art. 6 Para. 1 letter b GDPR).
    All companies indicated are based in the USA and certified under the US-European data privacy agreement “Privacy Shield”, which ensures compliance with the level of data protection in the EU.


WEBSITES AND ASSOCIATED DATA PROCESSING

PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

DESCRIPTION AND SCOPE OF DATA PROCESSING

Every time our website is opened, our system records automated data and information about the computer system of the accessing computer.
The following data is collected here:

  • Information about the browser type and the version used
  • Language and version of the browser software
  • User’s operating system and interface
  • User’s IP address
  • Date and time of access and time zone difference from Greenwich Mean Time (GMT)The amount of data transmitted
  • Amount of transferred data
  • Websites from which the user’s system reached our internet pages
  • Websites from which the user’s system reached our internet pages
  • Access status/HTTP status code

The data is also stored in the log files of our system.

LEGAL BASIS FOR DATA PROCESSING

The legal basis for the temporary storage of data and log files is the legitimate interest of Bike Citizens as per Art. 6 Para. 1 letter f GDPR.

PURPOSE OF DATA PROCESSING

Temporary storage of the IP address by the system is necessary to facilitate delivery of the website to the user’s computer. For this, the user’s IP address must remain stored for the duration of the session.

Data is saved in log files to ensure full functionality of the website. The data also helps us optimise the website and to guarantee the security of our information technology systems. There is no evaluation of the data for marketing purposes in this regard.

For these purposes, our legitimate interest in data processing is in accordance with Art. 6 Para. 1 letter f GDPR.

DURATION OF STORAGE

The data is immediately anonymised or deleted.

Where data is saved in log files, this is carried out after 90 days. Data is not stored beyond this in a form which allows identification of the person affected.

RECIPIENTS

This data is processed via our server infrastructure service provider.

Integration of dynamic maps (e.g. in online route planners) is carried out via Mapbox, Inc. who use your connection data for this purpose.

USE OF COOKIES

DEFINITION OF COOKIES

Cookies are small text files which are stored in your browser. These are downloaded to your browser the first time you visit our website. When you visit the website again with the same device or browser, the cookie and the information saved there are either sent back to the relevant website which created them (first party cookie) or to another website to which it belongs (third party cookie). This is how the system recognises that the website was opened by the browser in question and uses this status to change how content is displayed. Cookies “remember”, for example, your preferences, tell you how to use a page and also partly individually adapt the offers shown.

FUNCTIONALLY NECESSARY COOKIES

We use cookies for the purpose of communicating messages and provision of the services you desire. The data processing activities resulting from the use of cookies are based on our legitimate interest in provision of a fully functioning website and the services you desire (Art. 6 Para. 1 letter f GDPR, § 96 Para. 3 TKG)

OTHER COOKIES

In addition, based on our legitimate interest, we use cookies for purposes of analysis which helps us improve our website and our services (Art. 6 Para. 1 letter f GDPR, § 96 Para. 3 TKG). Here, the IP address is anonymised by shortening it, which excludes a direct reference to a person. These cookies are not placed when the browser setting “do not track” is active.

You can also configure the functionality of the cookies below.


YOUR COOKIE SETTINGS ON THIS WEBSITE

If you would like to limit or completely block cookies, you can change the settings in your browser. Cookies already stored can be deleted at any time. If cookies are de-activated for our website, it is possible that all functions of the website may not be usable to their full extent.

You will find the process for managing and deleting cookies in your browser’s help function. You will find more detailed information about this process at the following links:

  • Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
  • Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647

  • Safari: https://support.apple.com/kb/ph21411?locale=de_DE
  • Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
  • Opera: http://help.opera.com/Windows/10.20/de/cookies.html


COMMENT FUNCTION ON BIKECITIZENS.NET

PURPOSE

You have the option of leaving comments on bikecitizens.net. For this purpose, Bike Citizens collects and processes name, email address and comment. Alternatively, you can log into the app with your user account.

LEGAL BASIS

Your data is processed based on your consent (Art. 6 Para. 1 letter a GDPR).

STORAGE/ DELETION

Bike Citizens deletes or anonymizes your personal data as soon as they are no longer needed to achieve the purposes for which they were collected and processed, provided that legal retention obligations do not prevent deletion and we do not need the data in individual cases to defend or enforce legal claims.

RECIPIENTS

Your data is processed via our server infrastructure service provider and our email provider


NEWSLETTER

PURPOSE

Bike Citizens processes the email you have indicated for purposes of sending the relevant subscribed newsletter.

We process information your have supplied in order to give you targeted information, such as

  • personal communication in the newsletter (title, name)
  • communication of relevant information specially for you segmented by language, state or city, gender, interests.

Moreover, we measure the performance of the newsletter, by processing whether the newsletter was opened (yes/no) (“opening rate”), information relating to which parts of the newsletter were clicked on (“click behaviour) as well as information about technical delivery of the newsletter (“bounces”, e.g. non-deliverability due to missing email address). This data is generated by the system.

LEGAL BASIS

Your email address is based on the consent you have given in accordance with § 107 Telecommunications Act and Art. 6 Para. 1 letter a GDPR. You have the right to withdraw your consent at any time. To withdraw your consent, please click on the unsubscribe link in the newsletter in question or contact Bike Citizens (for legal remedies and contact data, see below).
We base processing the information you have supplied voluntarily and collection of data for measurement of performance on the legitimate interests of Bike Citizens (Marketing purposes; Art. 6 Para. 1 letter f GDPR).
After you unsubscribe from the newsletter, your consent declaration will continue to be stored based on legitimate interests (Art. 6 Para. 1 letter f GDPR). The legitimate interests of Bike Citizens lie in the required documentation of the consent you have given for purposes of proof.
You give Bike Citizens your data voluntarily, without a statutory or contractual obligation. However, it is necessary to process your email address, in order to carry out despatch of the relevant newsletter. If the email address is not supplied, this means that Bike Citizens cannot send you the newsletter. If the “voluntary information” is not given, this means that we cannot give you targeted information; however, we will naturally continue to send you the newsletter.


STORAGE/ DELETION

Your subscription cancellation from the newsletter will be noted automatically in the newsletter database. This note means that you will no longer receive newsletters from the time you unsubscribe. Your data will be deleted immediately unless deletion is prevented by a statutory storage period, and we do not need the data in an individual case to defend or assert legal claims.

Data for performance measurement will be saved for a period of 3 months and then anonymised.

RECIPIENTS

The data is processed via our server infrastructure service provider and our email provider. In addition, we use specialist suppliers to despatch newsletters.

PURPOSE

If you contact us via the contact form, email, or by telephone, in each case we collect and process your name, contact data, the issue you have raised with us and any data which you give us by uploading or attaching documents. The purpose of data processing is the response to your contact question.

LEGAL BASIS

The data is processed based on the legitimate interest of Bike Citizens in communication with websites and app users (art. 6 Para. 1 letter f GDPR).

STORAGE/ DELETION

Bike Citizens deletes or anonymises your personal data once the achieving the purposes for which it was collected and processed are no longer required, and where there are no other statutory obligations for continued storage. Obligations for proof and storage arise, in particular from company, share and tax law as well as money laundering regulations. In addition, Bike Citizens stores that personal data which is required for any assertion, resistance or defense of legal claims and their implementation in official or legal proceedings. This storage is carried out until expiry of the relevant applicable period of limitation or conclusion of the legally applicable process.

RECIPIENTS

The data is processed via our server infrastructure service provider and our email provider.


YOUR RIGHTS IN CONNECTION WITH PROCESSING OF DATA

The Data Protection Directive (EU-VO 2016/679) gives you certain rights as an affected person, to which we would like to draw your attention in the following. Please note that these complement each other, so that you may request either only correction or completion of your data, or deletion of it.

WITHDRAWAL OF CONSENT

In the event that Bike Citizens stores and processes personal data based on your consent, you are entitled to revoke this consent at any time. The legality of the processing carried out up to that point remains unaffected.

RIGHT TO INFORMATION

You may request information about the origin, categories, duration of storage, recipients, or purpose of the personal data processed by Bike Citizens and the nature of this processing.

THE RIGHT TO CORRECTION OR DELETION

If Bike Citizens processes personal data that is incorrect or incomplete, you may request that it be corrected or completed. You may also request the deletion of personal data processed about you, unless other legal obligations require the data to be stored and we need the data in individual cases to defend or enforce legal claims.

RIGHT TO LIMITATION OF PROCESSING

If it is not clear whether your personal data which has been processed is incorrect or incomplete, or it has been processed illegally, you may request a limitation of processing of your data until this matter is resolved conclusively.

RIGHT OF OBJECTION

Even when your personal data is correct and complete, and has been processed legally, you may object to the processing of this data. However, this is only possible in special situations justified by you.

RIGHT TO DATA PORTABILITY

You may receive your personal data processed by Bike Citizens which Bike Citizens has received from you in a defined, machine-readable format, or engage Bike Citizens to transfer this data directly to a third party selected by you, where this recipient facilitates Bike Citizens from a technical point of view, and the data transfer does not involve either an unreasonable effort or infringe legal or other secrecy obligations or confidentiality obligations on the part of Bike Citizens or other third parties.

RIGHT OF COMPLAINT

Ultimately, you are entitled to lodge a complaint with the data protection authorities if you believe that the processing of personal data relating to you infringes the data protection directives (EU-VO 2016/679).

WHO CAN YOU CONTACT TO APPLY YOUR RIGHTS AS AN AFFECTED PERSON?

To assert the rights above, please contact (in writing by letter or email) the contact named at the start of this statement, or the following email address directly: info@bikecitizens.net​


GENERAL

We reserve the right to amend this data protection declaration at any time with consideration of the applicable data protection regulations. Please visit this page regularly to keep informed about possible changes. If you have any questions relating to this data protection declaration, or you want to get in touch with us with regard to this data protection declaration, please contact us at info@bikecitizens.net​

USE OF NON-PERSONAL DATA

We use non-personal data for research purposes, for statistical purposes and to improve your user experience. In addition, we reserve the right to use non-personal data which is associated technically with the use of our goods or services (meta-data) at our sole discretion.

THIRD PARTY WEBSITES

This data protection declaration does not apply to third party website which we do not operate and control. For example, clicking on a link on this website can take you to the services of a third party. We recommend you read the data protection notes on their websites to find out how they handle your personal data.

Datum: 15.03.2023