Privacy Policy

for the AMTRON® 4Installers App (hereinafter: "App").

The Controller is

MENNEKES Elektrotechnik GmbH & Co. KG (hereinafter "MENNEKES")
Aloys-Mennekes-Str. 1
57399 KIRCHHUNDEM
GERMANY
Phone: +49 2723 41-1
info@MENNEKES.de
www.mennekes.org/emobility

MENNEKES is a limited partnership company based in Kirchhundem, Germany. Register Court: AG Siegen, HR A 6577, individually liable partner: AMAD Mennekes Holding GmbH, Register Court: AG Siegen, HR B 5975, Directors: Christopher Mennekes, Christoph Epe, Volker Lazzaro, Stephan Kamps

MENNEKES takes the protection of your personal data seriously and would like to take this opportunity to inform you about our data protection policy.

Insofar as MENNEKES alone or jointly with others decides on the purposes and means of data processing, this includes, in particular, the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (see Articles 13 and 14 GDPR). This statement (hereafter "Privacy Policy") informs you about how we process your personal data.

If you have any questions or require information about data protection at our company, please do not hesitate to contact the MENNEKES Data Protection Officer, who will be happy to help you at any time. His contact details are:

Address: Aloys-Mennekes-Str. 1, 57399 Kirchhundem, Germany

e-mail: datenschutz@mennekes.de

Please use this contact address in particular if you wish to assert your rights against MENNEKES as described below. If you have any further questions or comments regarding the collection and processing of your personal data, please also use the above contact details.

1. Definition of terms

In line with the wording of Article 4 GDPR, this Privacy Policy is based on the following definitions:

- "Personal Data" (Article 4 paragraph 1 GDPR) is all information that relates to an identified or identifiable natural person ("Data Subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier or location data, or by reference to information about his or her physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability may also be the result of a combination of such information or other additional knowledge. How information is obtained, its form or presentation is irrelevant (photographs, video or sound recordings may also contain personal data).

- "Processing" (Article 4 no. 2 GDPR) means any operation involving personal data, whether or not by automatic means (i.e. with the aid of technology). This includes in particular the collection (i.e. procurement), recording, organisation, sorting, storage, adaptation or alteration, reading, querying, use, disclosure by transmission, dissemination or other forms of provision, comparison, linking, restriction, deletion or destruction of personal data, as well as the alteration of a purpose or intended use on which a data processing operation was originally based.

- "Controller" (Article 4 no. 7 GDPR) is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.

- "Third Party" (Article 4 no. 10 GDPR) means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other legal entities belonging to the same group.

- "Processor" (Article 4 no. 8 GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service providers). Specifically, in terms of data protection law, a processor is not a third party.

- "Consent" (Article 4 no. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Amendment of the Privacy Policy

2.1 Our Privacy Policy is reviewed periodically to determine whether it needs to be amended or supplemented because of developments in data protection law and technological or organisational changes.

2.2 This Privacy Policy was last updated in September 2024.

3. No obligation to provide personal data

MENNEKES does not make the conclusion of a contract dependent on you providing us with personal data beforehand. In principle, there is no legal or contractual obligation for you as a customer to provide us with your personal data. However, MENNEKES may be restricted in its ability to make certain offers or may not be able to make them at all if you do not provide the necessary data.

4. Collection of your personal data

4.1 When you use the App, MENNEKES collects personal data about you.

4.2 Personal data is any information that relates to you as an individual (see General above). For example, your IP address, device ID, and SIM card number are personal data.

5. Legal basis of data processing

5.1 In principle, the law prohibits any processing of personal data and allows it only if the processing falls under one of the following justifications:

– Article 6 paragraph 1 sentence 1 lit. a GDPR ("Consent"): The data subject's freely given, informed and unambiguous indication of his or her wishes by which he or she, by a statement or by a clear affirmative action, signifies his or her agreement to the processing of personal data relating to him or her for one or more specific purposes;

– Article 6 paragraph 1 sentence 1 lit. b GDPR: Processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract;

– Article 6 paragraph 1 sentence 1 lit. c GDPR: where processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);

– Article 5 paragraph 1 sentence 1 lit. d GDPR: where processing is necessary to protect the vital interests of the data subject or of another natural person;

– Article 6 paragraph 1 sentence 1 lit. e GDPR: where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

– Article 6 paragraph 1 sentence 1 lit. f GDPR ("Legitimate Interests"): where processing is necessary for the purposes of the legitimate (especially legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data (in particular where the data subject is a child).

The storage of information in the end-user's terminal equipment, or access to information already stored in the terminal equipment, is only permitted if it is covered by one of the following justifications:

- Section 25 paragraph 1 of the Teleservices Data Protection Act (TDDSG): If the end user has given his or her consent based on clear and comprehensive information. Consent must be given in accordance with Article 6 paragraph 1 sentence 1 lit. a GDPR;

- Section 25 paragraph 2 no. 1 TDDSG: If the sole purpose is to carry a communication over a public telecommunications network; or

- Section 25 paragraph 2 no. 2 TTDSG: If the storage or access is absolutely necessary for the provider of a telemedia service to be able to provide a telemedia service expressly requested by the user.

(2) We set out below the applicable legal basis for the processing operations we carry out. Processing may also be based on different legal grounds.

6. Data collected during download

6.1 When you download this App, certain personal data required for this purpose will be transmitted to the relevant App Store (e.g. Apple App Store or Google Play).

6.2 In particular, the e-mail address, user name, customer number of the downloading account, the individual device code, payment information and the time of the download are transmitted to the App Store when downloading.

6.3 We have no control over the collection and processing of this data, which is carried out solely by the App Store you have selected. Accordingly, we are not responsible for such collection and processing, which is the sole responsibility of the App Store.

7. Data collected during use

7.1 MENNEKES can only offer the use of the App if certain personal data required for the operation of the App is collected during use.

7.2 MENNEKES only collects this data if this is necessary for the fulfilment of the contract between you and MENNEKES (Article 6 paragraph 1 lit. b GDPR). Furthermore, MENNEKES collects this data if it is necessary for the functionality of the App and your interest in the protection of your personal data does not outweigh this (Article 6 paragraph 1 lit. f GDPR) or if you consent to the collection and processing (Article 6 paragraph 1 lit. a GDPR).

7.3 MENNEKES collects the following data from you:

– Device information: Access data includes the IP address, device ID, device type, device-specific settings and App settings, as well as App properties, the date and time of access, the time zone, the amount of data transferred and the report on whether the data exchange was complete, App crashes, browser type and operating system. This access data is processed to enable the technical operation of the App

- Contact form data: When using contact forms, the information provided is processed (e.g. gender, first and last name, address, company, e-mail address and time of submission).

7.4 If the storage of information in your terminal equipment or access to information already stored in the terminal equipment is necessary for processing the data; the legal basis for this is Section 25 paragraphs 1 and 2 TTDSG.

8. Data collected when you contact us

8.1 If you contact MENNEKES by e-mail or by using a contact form, your e-mail address, your name and all other personal data that you provide while contacting MENNEKES is stored so that MENNEKES can contact you in order to answer your question.

8.2 This data is deleted as soon as its storage is no longer necessary. If there are legal retention periods, the data remains stored, but MENNEKES restricts its processing.

9. Use of cookies

9.1 MENNEKES uses cookies during operation. Cookies are small text files that are stored on the memory of your mobile terminal device and assigned to the mobile app you are using, and through which certain information flows to the location that sets the cookie. Cookies cannot execute any programmes or transmit any viruses to your computer and therefore cannot cause any damage. They are used to make our App more user-friendly and effective overall, and therefore more convenient for you to use.

9.2 Cookies may contain information that enables the recognition of the device used. In some cases, however, cookies only contain information about certain settings that cannot be linked to a particular person. However, cookies cannot directly identify a user.

9.3 A distinction is made between session cookies, which are deleted when you close your browser, and persistent cookies, which are stored beyond the individual session. There are different types of cookies depending on their function:

- Technical cookies: These are essential for navigating the App, using basic features, and ensuring the security of the App; they do not collect information about you for marketing purposes, nor do they store information about which websites you have visited;

- Performance cookies: These collect information about how you use our App, which pages you visit and, for example, whether you experience any errors when using the App. They do not collect any information that could identify you – all the information collected is anonymous and is only used to improve our App and find out what our users are interested in;

- Advertising and targeting cookies: These are used to provide the App user with relevant advertising within the App or from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

- Sharing cookies: These are used to improve the interactivity of our App with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

9.4 The legal basis for cookies that are essential for providing you with the expressly requested service is Section 25 paragraph 2 no. 2 TTDSG.

9.5 Any use of cookies that is not technically necessary constitutes data processing that is only permitted with your express and active consent pursuant to Section 25 paragraph 1 TTDSG in conjunction with Article 6 paragraph 1 sentence 1 lit. a GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies.8 In addition, we only share your personal data processed by cookies with third parties if you have expressly consented to this pursuant to Article 6 paragraph 1 sentence 1 lit. a GDPR.

10. Data retention period

10.1 MENNEKES deletes your personal data as soon as it is no longer required for the purposes for which it was collected or used. As a rule, MENNEKES stores your personal data for the duration of the use or contractual relationship via the App. In principle, your data is only stored on servers in Germany or within the European Union.

10.2 However, data may be retained beyond the specified period in the event of a (threatened) legal dispute with you or other legal proceedings.

10.3 Third parties used by MENNEKES store your data on their system for as long as is necessary in connection with the provision of the service for us in accordance with the respective order.

10.4 The foregoing is without prejudice to the statutory requirements for the storage and deletion of personal data (e.g. Section 257 of the German Commercial Code (HGB) or Section 147 of the German Fiscal Code (AO)). At the end of the statutory retention period, personal data is blocked or deleted unless we need to retain it and there is a legal basis for doing so.

11. Data integrity

11.1 MENNEKES has appropriate technical and organisational security measures in place to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or against unauthorised access by third parties, considering the state of the art, the cost of implementation and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including the likelihood and impact thereof) for the data subject. The security measures are continuously improved, corresponding to technological developments.

11.2 MENNEKES will be pleased to provide more detailed information on request. To access this information, please contact the Data Protection Officer.

12. No automated decision-making (including profiling)

MENNEKES does not intend to use the personal data collected from you for any automated decision-making process (including profiling).

13. Change of purpose

13.1 Your personal data is only processed for purposes other than those described if permitted by law or if you have consented to the change in the purpose of the processing.

13.2 In the event of further processing for purposes other than those for which the data was originally collected, MENNEKES will inform you of these other purposes prior to further processing and provide you with all other relevant information.

14. Order data processing

14.1 It may be necessary to use contracted service providers for certain features of the App. These service providers act only on our instructions and are contractually bound to comply with the data protection regulations as defined by Article 28 GDPR.

14.2 The following categories of recipients, who are usually processors, may have access to your personal data:

- Service providers for the operation of the App and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer in this case is Article 6 paragraph 1 sentence 1 lit. b or lit. f GDPR, unless order processors are involved;

- State authorities/agencies, insofar as this is necessary to fulfil a legal obligation. The legal basis for the transfer in this case is Article 6 paragraph 1 sentence 1 lit. c GDPR;

- Persons engaged in the conduct of our business (e.g. auditors, banks, insurance companies, legal advisors, regulatory authorities, parties involved in acquisitions or the formation of joint ventures). The legal basis for the transfer in this case is Article 6 paragraph 1 sentence 1 lit. b or lit. f GDPR.

14.3 Furthermore, MENNEKES only shares your personal data with third parties if you have expressly consented to this pursuant to Article 6 paragraph 1 sentence 1 lit. a GDPR.

14.4 If your personal data is passed on to subsidiaries of MENNEKES or from subsidiaries to MENNEKES (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

15. Your rights

15.1 Right to information

You have the right to obtain information about your personal data from MENNEKES in accordance with Article 15 GDPR. To do this, you need to send a request either by e-mail or by post to the addresses given above.

15.2. Right to object to data processing and to withdraw consent

15.2.1 Pursuant to Article 21 GDPR, you have the right to object at any time to the processing of personal data concerning you. MENNEKES will no longer process your personal data, unless MENNEKES can prove compelling legitimate grounds that override your interests, rights and freedoms, or the processing is for the purpose of the establishment, exercise or defence of legal claims.

15.2.2 Pursuant to Article 7 paragraph 3 GDPR, you have the right to withdraw your consent - i.e. your voluntary, informed and unambiguous expression of will in the form of a statement or other unambiguous confirmatory act that you consent to the processing of the personal data concerned for one or more specific purposes - at any time by notifying MENNEKES, if you have given such consent. This means that the data processing based on this consent cannot be continued in the future.

15.2.3 In this regard, please contact the addresses given above.

15.3 Right of rectification and deletion

15.3.1 Insofar as personal data relating to you is incorrect, you have the right pursuant to Article 16 GDPR, to request MENNEKES to correct it immediately. Please send a request to this effect to the contact addresses given above.

15.3.2 Under the conditions set out in Article 17 GDPR, you have the right to request the deletion of personal data concerning you. Please send a request to this effect to the contact addresses given above. In particular, you have the right to have your data deleted if it is no longer necessary for the purposes for which it was collected or processed, if the retention period has expired, if you object to the processing or if the processing was unlawful.

15.4 Right to restrict data processing

15.4.1 Pursuant to Article 18 GDPR, you have the right to request that we restrict the processing of your personal data. Please send a request to this effect to the contact addresses given above.

15.4.2 You have the right to restrict the processing of your personal data, in particular if the accuracy of the personal data is in dispute between you and us, in which case you have the right to restrict the processing for a period of time necessary to verify the accuracy. The same applies if the successful exercise of a right of objection is still in dispute between you and MENNEKES. You also have this right if you have a right to deletion and you request restricted processing instead of deletion.

15.5 Right to data portability

15.5.1 Pursuant to Article 20 GDPR, you have the right to receive from MENNEKES the personal data relating to you which you have provided in a structured, commonly used and machine-readable format.

15.5.2 Please send a request to this effect to the contact addresses given above.

15.6 Right to appeal to the supervisory authority

15.6.1 Pursuant to Article 77 GDPR, you have the right to complain to the competent supervisory authority about the collection and processing of your personal data.

15.6.2 You can contact the relevant supervisory authority using the following contact details:

Regional Officer for Data Protection and Freedom of Information for North Rhine Westphalia
Kavalleriestr. 2-4
40213 Düsseldorf, Germany

Telephone: +49 211/38424-0
Fax: +49 211/38424-999

e-mail: poststelle(at)ldi.nrw.de