Terms and Conditions

General terms of use for the use of DRIVAR®
Valid from January 1st, 2023

1. Scope
The following general terms of use contain the basic rules
for the DRIVAR® online platform www.drivar.us of
Mobility Marketing Operations GmbH,
Ölweide 12, 39114 Magdeburg,
represented by the managing director Phillipp Müller (from now on referred to as “DRIVAR®”) and for everyone, including future legal transactions and similar legal transactions
between the user and DRIVAR®.
Terms and conditions of the user that deviate from these conditions do not apply. The separate terms of use for vehicle providers also apply to vehicle providers.

2. Subject
2.1 DRIVAR® operates an online platform that enables all types of rental and loan agreements to be concluded between users (called: service). DRIVAR® itself does not offer any items for rent or loan and does not become a party to the rental or loan agreements to be concluded. These come about exclusively between individual users.
2.2 “Users” within the meaning of these terms of use are all natural or legal
persons or associations of persons who use the DRIVAR® service for information or
to initiate or conclude rental/loan contracts, regardless of
whether they enter into corresponding contracts as tenants/lenders or Landlord(lender
intend to close.

3. Registration / user account
3.1 The use of the service is generally possible without registration. Registration is only required to use certain functions of the service or when used as a landlord/lender.
3.2 By registering, a contract for the use of the service is concluded between the user and DRIVAR®. Registration and setting up the user account are free of charge. Minors and other natural persons with no or only limited legal capacity are not permitted to register.
3.3 The user is obliged to provide the data collected during registration truthfully and completely. If the data collected changes after registration, the user must immediately update his information in his user account or – if this is not possible – immediately notify DRIVAR® of the changes. By sending the registration form, the user makes an offer to conclude a user agreement with DRIVAR®, agrees to the general terms and conditions of use of DRIVAR® and assures that they are not excluded from using the service in accordance with Section 3.2.3.4 DRIVAR® reserves the right to reject the user’s registration without giving reasons.
3.5 If DRIVAR® accepts the registration, the user will receive a confirmation email in which the user’s most important information is summarized again. When the confirmation email is received, the user agreement is concluded between DRIVAR® and the user. To complete the registration, the user must respond to the confirmation email according to the instructions contained therein.
3.6 When registering, the user may specify a user name and password (hereinafter referred to as “access data”), within the scope of technical possibilities. User names whose use violates the rights of third parties, in particular name or trademark rights, or which are otherwise illegal or violate common decency are not permitted. The user must keep the access data secret and protect it from access by unauthorized third parties. If the user has lost their access data or if they discover or suspect that their access data is being used by a third party, they must inform DRIVAR® immediately.
3.7 DRIVAR® is entitled to immediately block the user account.

• If incorrect information was provided during registration
• If the access data is lost or suspected of misuse by a third party
• If the user has violated the General Terms of Use of DRIVAR®
• Or if there is another important reason In the event of the user account being blocked The affected user is prohibited from registering with DRIVAR® again and opening a new user account until DRIVAR® has given express prior consent.

4. Conclusion of brokerage contracts

4.1 The user can make a binding request to conclude a rental/loan agreement via the specified vehicle advertisements or a non-binding request via the contact form/email. DRIVAR® then uses the data entered by the user in the contact form to contact the respective vehicle provider in order to conclude a rental agreement. Upon confirmation of the request by DRIVAR®, a separate brokerage contract is also concluded between DRIVAR® and the respective user. The amount of the agency fee – unless otherwise stated, 25% of the rental price – is already included in the agreed rental price and is paid to DRIVAR® directly by the tenant in the form of a down payment invoice. As part of the reservation, the user undertakes to pay this deposit invoice at short notice, but no later than within 7 days of receipt of payment from the invoice date – otherwise DRIVAR® is entitled to cancel the reservation and charge the user the corresponding cancellation fees.

4.2.1 Cancellation of rental agreement: In the event of cancellation of the rental by the user, the vehicle provider will charge cancellation fees, which amount to between 50% and 100% of the agreed rental price. If you cancel within 48 hours before the start of the rental, the vehicle provider always charges 100% cancellation fees. By concluding a higher rental rate, the tenant can generally reduce these cancellation fees to 75% (Product Standard Rate), 50% (Product Premium Rate) or 25% (Product Luxury Rate), regardless of the time of cancellation. The tenant is free to provide proof that the damage caused was less.
4.2.2 Cancellation of the brokerage contract:
The brokerage contract remains unaffected by a cancellation of the rental, regardless of whether this is done by the user or the respective vehicle provider. However, in the event of a cancellation by the vehicle provider, DRIVAR® is obliged to enable subsequent performance of the rental on another date,
to offer an equivalent replacement vehicle of a similar type from the same rental company or to arrange for another vehicle provider to provide such a replacement vehicle. If no vehicle from the same manufacturer is available, DRIVAR® has the right to provide a vehicle of a similar type from another manufacturer. To ensure this, the user undertakes to inform DRIVAR® immediately if problems arise during the rental or if the vehicle provider is suddenly no longer able to make the car available.
4.3 The use of the vehicles at motorsport events, track days, consistency tests, driving safety training, test drives on closed routes, for sub-letting, for the commission of criminal offenses, for the transport of highly flammable or dangerous substances is – without written permission from the landlord, which must be requested in advance – prohibited. In the event of excessive wear and tear, the landlord reserves the right to transfer the costs of repairs to the tenant in part or in full.
4.4 The minimum age for the vehicles listed on DRIVAR® for rental is stated in the respective vehicle advertisement or can alternatively be found out as part of an inquiry. Individual vehicles may be rentable with a reduced minimum age. The user must make a corresponding request in advance. Use in countries outside of Germany must also be requested in advance.
If the renter violates this or provides untruthful information in advance,
the vehicle provider is always entitled to cancel the rental immediately at the regular
cancellation fees.
4.5 The information on the advertised vehicles comes from the vehicle providers.
DRIVAR® therefore assumes no guarantee that this information is correct or up-to-date. DRIVAR® also does not guarantee or guarantee a specific color or body shape. The only guaranteed characteristics are the vehicle brand and type of vehicle according to the booking request.
4.6 DRIVAR® endeavors to prevent fraudulent use of the service. Unfortunately, however, it cannot be ruled out that this will still happen in individual cases. Therefore, DRIVAR® cannot assume any liability that the identity of a user corresponds to the information provided by him. It is recommended to establish the identity of the other contractual partner before exchanging services.
4.7 Rental rates: As part of the booking process, the user has the option of concluding a so-called rental rate – this is divided into the categories “Economy”, “Standard”, “Premium” and Luxury, whereby the “economy rate” is always included in the rental price . The high rates guarantee, among other things, that the booked vehicle has fully comprehensive insurance from the respective owner, offer the option of reducing cancellation fees or adding additional drivers to the rental contract.
These rental rates also offer the possibility of reducing the excess of the vehicle’s own comprehensive insurance on a percentage basis in the event of damage or, in the event of damage, DRIVAR® covers the difference between the actual excess of the underlying vehicle comprehensive insurance of the rental company and the resulting percentage excess (Standard: 0% of the deductible / Premium: 25% deductible / Luxury: 50% deductible, whereby the stated percentage values ​​show the maximum difference assumed by DRIVAR®).
In the event of damage and the reduction of the deductible is claimed, the user undertakes to immediately provide DRIVAR® upon request with all information and documents necessary to verify the matter, in particular proof of the vehicle’s official self-drive rental insurance, a damage report from the vehicle return and a cost estimate/repair invoice for the damage caused. If the user does not or does not fully comply with this obligation, DRIVAR® is entitled to refuse to cover the difference to the vehicle deductible.
DRIVAR® itself explicitly does not sell insurance.

5. Use of personal information by users Contact details of others that are included in the DRIVAR® service or of which the user otherwise becomes aware in the course of using the service may only be used by the respective contracting parties for the purpose of processing rental/loan agreements concluded become. In particular, it is prohibited to use the relevant data for advertising purposes and to send the person concerned unsolicited e-mail, fax or postal mail or to contact them unsolicited by telephone.

6. Use of personal information by DRIVAR® Contact details of users that are collected in the DRIVAR® service or of which DRIVAR® becomes aware of DRIVAR 4 as part of the use of the service may be used by DRIVAR® both for the purpose of processing rental/loan contracts concluded can also be used to
send the user e-mail, fax or postal advertising or to contact the user by telephone.

7. Termination

7.1 The user can terminate this user agreement at any time. For termination, a corresponding declaration in text form to the contact details mentioned in section 4 is sufficient.
7.2 DRIVAR® can terminate the user agreement at any time subject to a
notice period of two weeks. The right to extraordinary termination remains unaffected.

8. Liability
8.1 DRIVAR® is liable for damages to users in accordance with the statutory provisions if the damages were caused intentionally or through gross negligence, they are the result of the non-existence of a guaranteed quality of the service, they are due to a culpable violation of essential contractual obligations (see paragraph 2) they are the result of a culpable injury to health, body or life, or for which liability is provided for under the Product Liability Act.
8.2 Essential contractual obligations are those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract.
8.3 Furthermore, both our liability and that of our vicarious agents are excluded, regardless of the legal basis.

9. Release
9.1 The user releases DRIVAR® from all claims by third parties that they assert against DRIVAR® due to posted content. The exemption includes in particular the costs of necessary legal defense.
9.2 If a claim is made against DRIVAR®, the user is obliged to immediately, truthfully and completely provide all information that DRIVAR® needs to examine the claims and defend them.

10. Prohibition of offsetting
The user is not entitled to set off unless the counterclaims have been legally established or are not disputed by DRIVAR®.

10. Place of jurisdiction/applicable law
11.1 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship is Magdeburg.
11.2 The law of the Federal Republic of Germany applies exclusively to the contract.

12. Changes to the General Terms of Use
12.1. DRIVAR® has the right to supplement the General Terms of Use with regulations for the use of any newly introduced additional functions. The planned changes to the terms of use will be announced to the user by email to the email address provided by the user no later than four weeks before the planned entry into force. The user’s consent to the change to the terms of use is deemed to have been given if he does not agree to the change in text form (e.g. letter, fax, email) within a period of two weeks, starting on the day following the announcement of the change ) contradicts.
DRIVAR® undertakes to separately point out the possibility of objection, the deadline for the objection, the requirement for written form as well as the meaning and consequences of not objecting in the change announcement.
12.2.If the user objects to the change to the terms of use in a formal and timely manner, the contractual relationship will continue under the previous conditions. In this case, DRIVAR® reserves the right to terminate the contractual relationship.
12.3. A change to the terms of use is possible at any time with the express consent of the user.

13. Miscellaneous

13.1 The contractual relationships between the contracting parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.
13.2 In the event that one of the provisions of these terms of use is ineffective or partially ineffective, the effectiveness of the remaining provisions remains unaffected.
An ineffective or partially ineffective provision will be replaced by the provision that comes closest to the original from an economic perspective.

Special terms and conditions for the purchase of vouchers

1. Contractual partner
Only people who have reached the age of 18 are entitled to purchase in our online voucher portal.
The contract is concluded between you as the buyer and DRIVAR® (Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg) as the seller.

2. Conclusion of the contract, contract languages
​​The products (vouchers) presented in our online voucher portal are only to be understood as an invitation to order. They do not constitute a binding offer. By placing your order by clicking on the “Buy Now” button, you are making a binding offer to conclude a purchase contract for the selected voucher(s). You will then immediately receive confirmation of receipt of your order to the email address you provided.
The seller accepts your order by making the ordered voucher available to you after payment for downloading and printing (Print@home) via digital email or by post to the DRIVAR 6 address you provided. In the latter case, the seller is not liable for any delays in delivery of the voucher by post.
The purchase contract can be concluded in the following languages: German and English. You can correct input errors during the ordering process by clicking the “Back” button and then re-entering them.

3. Right of withdrawal
If you have purchased the voucher as a consumer, you have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us,
DRIVAR® (Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg,
Germany), email: info@drivar.us,
by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke this contract.
You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless
something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
It is not possible to cancel your order for so-called customer-specific goods (according to Section 312g Para. 2 No. 1 BGB), these can include, among other things:

• Individual vouchers that were created specifically for your needs and are not available in the online portal

• Individual gift boxes which, in addition to the actual voucher, contain other additional services you require

4. Payment methods
You can pay the purchase price for the voucher with a credit card, Paypal or bank transfer.

5. Redeeming the vouchers
The voucher is only valid to the extent of the content described and for the vehicle described. The vouchers can only be redeemed depending on the availability of the vehicles; the rental company can allow exceptions for an additional charge. Additional costs may arise when redeeming daily vouchers on weekends (Friday to Monday), but redemption within the week is free of charge. If available, the vehicle can be picked up at the specified location or delivered to a desired address for an additional charge. There is no entitlement to redemption at a specific location. There is also no entitlement to redemption on a specific date. If a vehicle
is not available on an agreed date due to a technical defect or other unforeseeable reasons, the voucher can be redeemed either with an equivalent vehicle of a similar type or on a new date to be agreed. When redeeming, the original voucher as well as the driver’s valid ID card and driver’s license must be presented. An exchange and a – even partial – payout of the voucher or any remaining credit is not possible. A combination with other vouchers and/or discounts is not possible.
When redeeming, a rental agreement is concluded between you and the chosen landlord/vehicle owner, the basis of which is the general terms and conditions of the respective landlord. Unless otherwise stated on the voucher, the economy rate is considered the selected rental rate.


Special terms and conditions for the use of DRIVAR® by
vehicle providers
Valid from January 1st, 2022

1. Scope
1.1 The following special terms and conditions contain the additional rules
for the use of the online services of
Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg, represented by Managing Director Phillipp Müller,
by vehicle providers
(hereinafter: “Special Terms and Conditions”).
They apply to all, including future, legal transactions and similar legal transactions between the vehicle provider and DRIVAR®. Terms and conditions of the vehicle provider that deviate from these conditions
do not apply.
1.3 If the following Special Terms and Conditions contain provisions that deviate from the General Terms and Conditions that apply to all users, the Special Terms and Conditions take precedence over the General Terms and Conditions.

2. Content of the service, registration
2.1 Registration is required to use the service as a vehicle provider. This registration is free of charge. In return, commercial providers only undertake to place the DRIVAR® logo including a link to “www.drivar.us” on their homepage.
2.2 However, costs arise for the vehicle provider – depending on the contract model – either when registering vehicles and for related additional services, when interested tenants/lenders contact us or when concluding a DRIVAR 8 rental/loan contract with a tenant/lender. When concluding a contract with DRIVAR®, the vehicle provider can seek the help of a sales advisor. In this case, a one-off processing fee will be charged, which will be agreed individually.
2.3 Registration as a vehicle provider is generally only permitted for commercial purposes; registration as a consumer is excluded. The only exception to this is the commission model described in section 4.1, which also allows consumers to register as a vehicle provider.
2.4 By sending the registration form, a corresponding email or accepting a referred rental customer, the vehicle provider makes an offer to conclude a user agreement with DRIVAR®, agrees to the General Terms of Use and the Special Terms and Conditions for Vehicle Providers and insures, not in accordance with Section 2.2 of these conditions or Section 3.2 of the General Terms of Use to be excluded from using the service.
With regard to registration as a vehicle provider, the provisions of sections 3.2, 3.3, 3.5 and 3.7 of the General Terms of Use apply accordingly.
2.5 The provision of the contractual services and the processing of the rental/loan agreement concluded is the responsibility of the contracting parties. DRIVAR® will only collect the rent for the vehicle provider if this has been expressly agreed in writing with the vehicle provider.

3. Conclusion of rental/loan contracts (Section 5 of the General Terms of Use)
3.1 If a renter/lender makes an inquiry using the contact form, the contact details provided will not initially be displayed to the vehicle provider.
3.2 After checking the vehicle availability, the request will only be sent to the vehicle provider in the form of a confirmed booking to rent/loan the vehicle.

4. Contract models

4.1 DRIVAR® offers various contract models.
4.2 The prices are based on the current DRIVAR® price list, unless a different price has been agreed individually.
4.3 In the commission model, the following rule applies to renters/lenders who can be identified as having come via DRIVAR®: The vehicle provider is obliged to inform DRIVAR® of the real sales value of the booking after the rental/loan agreement has been concluded.
DRIVAR® will then issue the corresponding commission invoice, which currently
corresponds to 25% of the brokered gross sales.

5. Additional services
5.1 In addition to the contract models, the vehicle provider can conclude additional contracts for additional services (e.g. for preferred positioning, advertising banners, highlighted images, DRIVAR 9 editorial content, etc.). Additional services can be booked either directly using the corresponding function on DRIVAR® or via the vehicle provider’s personal contact person and will then be activated.
5.2 The additional contracts are extended by the original term, but a maximum of 12 months, if they have not been terminated by one of the parties within one month before the end of the term – with the exception of additional contracts with a fixed end date. The right to extraordinary termination for good cause remains unaffected.

6. Price increases
6.1 DRIVAR® is entitled to increase the prices if the producer price index for advertising spaces (currently based on 2010 = 100), published by the Federal Statistical Office, compared to the level at the start of the contractual relationship or compared to the level at the last index-related Adjustment of prices has changed upwards. The average of the four previous calendar quarters is decisive. The adjustment is made at the end of the contract term by DRIVAR® informing the customer of the new prices at least four months before the end of the contract term.
6.2 If the price index specified in Section 6.1 is no longer continued and published, DRIVAR® will, at its reasonable discretion, from this point in time decide on the price index determined and further published by the Federal Statistical Office or the then responsible body, which corresponds to the economic perspective of the price index set next comes.
6.3 The vehicle provider can terminate the contract after notification of the price increase in accordance with Section 6.1 at the end of the contract term. If the vehicle provider does not terminate, the contract term will be extended in accordance with Section 4.2; The prices communicated by DRIVAR® will then apply from the extension.
6.4 A price increase according to this Section 6 is excluded for claims to remuneration based on
the commission model.

7. Right of withdrawal for consumers
If the vehicle provider is a consumer, i.e. a natural person who concludes the contract for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity (§ 13 BGB), then they have a statutory right of withdrawal subject to the following:

Cancellation

policy Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons
.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us
(Mobility Marketing Operations GmbH,
Ölweide 12, 39114 Magdeburg,
email: info (at) drivar.us)
by means of a clear statement (e.g. a letter sent by post or email). inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of withdrawal
If you withdraw from this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than that offered by us). have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless
something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of the services provided for in the contract.

Special information
Your right of cancellation expires prematurely if we have fully provided the service owed and have only begun to carry out the service after you have given your express consent and at the same time confirmed your knowledge that you are exercising your right of cancellation if we have fully fulfilled the contract lose.

8. Termination/Termination
8.1 Section 6.1 of the General Terms and Conditions does not apply.
The terms and termination options listed in Section 5.2 apply to the various contract models, unless otherwise agreed in individual cases. 8.2 Each party is entitled to terminate this contract extraordinarily with immediate effect if there is good cause. An important reason that entitles DRIVAR® to terminate is, in particular:

• if prohibited rental items (Section 11.1) are offered for rental/loan
,
• if prohibited information (Section 13) is provided as part of the vehicle description
,
• in the case of circumvention activities according to Section 11,
• if the vehicle provider violates these Special Terms and Conditions,
• if DRIVAR® has reasonable suspicion that the vehicle provider is violating these Special Terms and Conditions, or
• if the vehicle provider does not provide proof required by DRIVAR® in accordance with Section 11.5 within 2 weeks of receiving a corresponding request.
8.3 As an alternative to extraordinary termination, DRIVAR® is entitled to delete the vehicle offers and to block the user account completely or temporarily.
8.4 If the contract is terminated, the relevant vehicle offers will be
deleted by DRIVAR®.

9. Billing
9.1 DRIVAR® sends invoices by email to the contact details provided by the vehicle provider. The invoice is deemed to have been received on the day the invoice email is sent. The vehicle provider will default on payment 7 days after receipt without a reminder if it has not paid the invoice within this period.
9.2 The vehicle provider has the option of granting DRIVAR® a SEPA basic mandate / SEPA company mandate. The direct debit will be collected 3 days after the invoice date.
The period for advance notification (pre-notification) will be shortened to 5 days. The vehicle provider must ensure that the account always has the required funds. If this is not the case or if the debit by DRIVAR® fails for another reason, the vehicle provider must bear the costs of the return debit of at least EUR 25.00 per failed attempt. The vehicle provider is at liberty to provide proof of lower damage. DRIVAR® reserves the right to provide proof of greater damage.
9.3 If the vehicle provider is in arrears with the payment of the commission or the agreed remuneration for the additional service, DRIVAR® can withhold the services owed by it (including any additional services according to section 5), block the user account and/or terminate the contractual relationship extraordinarily if they notifies the vehicle provider of this with one week’s notice and the vehicle provider does not make the payments owed in full within this time. In such a case, DRIVAR® is entitled
to conclude new contracts for these additional services with third parties. If the vehicle provider makes the payments owed to it later, DRIVAR® is entitled to provide the service owed on its part only after such contracts with third parties have expired.
Further rights of DRIVAR® remain unaffected.

10. Indemnification
10.1 The vehicle provider indemnifies DRIVAR® from all claims by third parties that they assert against DRIVAR® due to posted offers or content, including ratings given by the vehicle provider, or due to the inadmissible offering or rental/lending of a legally protected item.
The exemption includes in particular the costs of necessary legal defense.
10.2 If a claim is made against DRIVAR®, the vehicle provider is obliged to immediately, truthfully and completely provide all the information that DRIVAR® needs to examine the claims and defend them.

11. Posting vehicle offers, information
11.1 The vehicle provider has the option of having individual rental items posted in the service and offered for rent/loan via the service. The offers posted can be booked both via the “www.drivar.us” service and in whole or in part via partner portals that DRIVAR® operates in cooperation with other Internet providers and in which the service is fully or partially integrated.
11.2 The vehicle provider is obliged to place the rental item it offers in an appropriate category, to describe it correctly and completely, and to truthfully state all rental conditions and properties and characteristics of the rental item that are important for the rental decision. The vehicle provider must comply with the provisions of the law against unfair competition. The information about the rental property must not be misleading, it must not be self-evident, and it must not give the impression that the competition is using unfair means.
11.3 If the vehicle provider also accepts consumers, i.e. natural persons who conclude the contract for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity (§ 13 BGB), as renters/lenders, the price stated in the offer is as the final price including sales tax and other price components, stating the time reference for which this price applies.
11.4 The vehicle provider is obliged, if necessary, to provide all information required by the legal provisions for distance selling contracts in the prescribed form and at the prescribed time, in particular to disclose his identity, to state his address for summons and, if necessary, to point out the statutory right of withdrawal. This information must be provided when answering the request at the latest.
11.5 If the vehicle provider describes the rental item offered by him in more detail using images, he assures by uploading/sending the images that their use within the scope of the service does not infringe any rights of third parties, in particular third-party copyrights or personal rights. Photos must depict the vehicle itself. Representation of the vehicle provider’s brand or company name and official license plates is expressly prohibited. DRIVAR® is entitled to demand proof in an appropriate form.

11.6 The vehicle provider is obliged to immediately remove/have removed vehicle offers it has posted from the service if they are no longer offered for rental/loan.
11.7 The vehicle provider is also obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. If the stored data changes, the vehicle provider must immediately update the information in its user account or – if this is not possible – immediately notify DRIVAR® of the changes.
11.8 If vehicles or services in the service are specifically offered for certain regions, the vehicle provider may only charge renters/lenders within these regions for travel or travel costs that are shown as a flat rate in the final price.

12. Circumvention actions, contractual penalty
12.1 If, according to the selected contract model, a claim to commission in favor of DRIVAR® arises through the conclusion of a rental/loan agreement, it is prohibited to conclude rental/loan agreements bypassing the service. DRIVAR® reserves the right to check whether the vehicle provider is complying with the ban on circumvention by making anonymous calls or otherwise obtaining information.
12.2 If the vehicle provider receives an inquiry from a tenant/lender regarding a specific offer on DRIVAR®, which leads to the conclusion of a rental/loan contract and, according to the selected contract model (commission model), a claim for remuneration arises in favor of DRIVAR® as a result of the conclusion of the contract Vehicle provider is obliged to inform DRIVAR® of this contract and its value in accordance with Section 4.3 and to pay the commission due to DRIVAR®. This also applies to subsequent payments arising in connection with the concluded contract, in particular additional kilometers driven by the user.
12.3 If the vehicle provider fails to inform DRIVAR® of the conclusion of a rental/loan agreement in accordance with Section 12.2, he is liable to pay DRIVAR® an appropriate contractual penalty in the amount of twice the amount of the commission lost as a result, but at least in the amount of €500.00 , obligated.

13. Prohibited vehicle offers
13.1 It is prohibited to add vehicles to the service and offer them:

• the rental of which is a criminal offense or unlawful

• the rental, making available or advertising of which
violates the intellectual property rights of third parties (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility or design rights) or other rights of third parties (see also Section 11)

• that bear the symbols of unconstitutional organizations

13.2 DRIVAR® reserves the right to remove offers that violate these special terms and conditions or applicable law without giving reasons and without warning.

14. Exclusion of vehicle offers DRIVAR® reserves the right
to exclude vehicle offers from the service that do not meet the minimum criteria prescribed by DRIVAR®, in particular with regard to vehicle type and nominal power.

15. Prohibited information
15.1 The description of the rental item provided by the vehicle provider, including the uploaded images and documents, may not contain any advertising for products other than the rental item offered, unless DRIVAR® has expressly consented
.
15.2 Setting links to third-party Internet offerings or an Internet offering operated by the vehicle provider is only permitted with the express consent of DRIVAR®.
15.3 Mentioning the contact details of the vehicle provider within the description of the rental property, including the short description and title, is not permitted.

16. Deviating agreements Any agreements that deviate from these terms of use
will be confirmed immediately in text form by both parties for evidentiary purposes. The same also applies to the agreement of prices that deviate from the price list. Number 6 remains unaffected.

17. Data exchange with credit agencies
In order to protect against bad debts and the risk of improper use of services by third parties, DRIVAR® is entitled to transmit personal contractual data as well as information about non-contractual processing to Schufa Holding AG (protection association for general credit protection) and to obtain relevant information there. The user (vehicle provider) agrees that DRIVAR® may transmit this information to the SCHUFA company responsible for his place of residence. Regardless of this, DRIVAR® will also report data to SCHUFA due to non-contractual processing. According to the Federal Data Protection Act, these reports may only be made to the extent that this is necessary to protect the legitimate interests of the companies of a contractual partner of SCHUFA or the general public and this does not impair the user’s interests worthy of protection. SCHUFA stores the data in order to be able to provide its affiliated credit institutions, credit card companies, leasing companies, retail companies including mail order companies and other companies that commercially provide money or goods loans to consumers with information to assess the creditworthiness of users.
Address data can be transmitted to companies that collect receivables commercially and are contractually affiliated with SCHUFA for the purpose of identifying debtors .

SCHUFA only makes the data available to its contractual partners if they credibly demonstrate a legitimate interest in the data transfer.


General terms of use for the use of DRIVAR®
Valid from January 1st, 2023

We are very pleased about your interest in our company. Data protection is particularly important to the management of Mobility Marketing Operations GmbH. It is generally possible to use the Mobility Marketing Operations GmbH website without providing any personal data. However, if a data subject wishes to use our company’s special services via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. The processing of personal data, such as the
name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Mobility Marketing Operations GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about the rights to which they are entitled using this data protection declaration. Mobility Marketing Operations GmbH, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. However, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions
The data protection declaration of Mobility Marketing Operations GmbH is based on the terms used by the European legislator for directives and regulations when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use, among others, the following terms in this data protection declaration:

a) personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be 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, location data, an online identifier or to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Data subject Data
subject is any identified or identifiable natural person whose personal data is processed by the data controller.
b) Processing
Processing is any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data, such as the collection, recording, organization, structuring, storage, adaptation or modification, reading, querying, use, disclosure by transmission, distribution or other form of provision, alignment or combination, restriction, deletion or destruction.
c) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
d) Profiling
Profiling is any type of automated processing of personal data which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular to assess aspects relating to work performance, economic situation, Analyze or predict the health, personal preferences, interests, reliability, behavior, location or movement of that natural person.
e) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not be assigned to an identified or identifiable natural person.
f) Controller or person responsible for processing
Controller or person responsible for processing is the natural or legal person, public authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
g) Processor
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
h) Recipient
Recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
i) Third party
Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
j) Consent
Consent is any voluntary, informed and unambiguous expression of the data subject’s wishes for the specific case in the form of a statement or other clear confirmatory act by which the data subject indicates that he or she consents to the processing of data concerning him or her agrees to personal data

2. Name and address of the person responsible for the processing The person responsible for the purposes of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Mobility Marketing Operations GmbH
An der Ölmühle 8 39114 Magdeburg Germany
Tel.: +49( 0) 1590 13 66 437
Email: info@drivar.us
Website: https://www.drivar.us

2. Cookies
The Mobility Marketing Operations GmbH websites use cookies. Cookies are text files that are stored and stored on a computer system via an Internet browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a
character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies.
A specific Internet browser can be recognized and identified via the unique cookie ID. By using cookies, Mobility Marketing Operations GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. Using a cookie, the information and offers on our website can
be optimized for the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie. The data subject can prevent the setting of cookies through our website at any time by means of an appropriate setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

3. Collection of general data and information
The Mobility Marketing Operations GmbH website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files.
What can be recorded are the
(1) browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system accesses our website
(so-called referrers),
(4) the sub-websites which are accessible via an accessing system on our website
is controlled,
(5) the date and time of access to the website,
(6) an Internet protocol address (IP address),
(7) the Internet service provider of the accessing system and
(8) other similar data and information that
serves to protect against threats in the event of attacks on our information technology systems.

When using this general data and information, Mobility Marketing
Operations GmbH does not draw any conclusions about the data subject. Rather, this information
is needed to
(1) deliver the content of our website correctly,
(2) optimize the content of our website and the advertising for it,
(3) ensure the long-term functionality of our information technology systems and the technology of our website and
( 4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Mobility Marketing Operations GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

5. Registration on our website
The data subject has the opportunity to register on the website of the controller by providing personal data. Which personal data is transmitted to the person responsible for processing is determined by the respective input mask used for registration. The personal data entered by the data subject will be collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also
uses the personal data exclusively for internal use that is attributable to the data controller. By registering on the website of the controller, the IP address assigned by the data subject’s Internet service provider (ISP) and the date
and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, this data makes it possible to investigate crimes that have been committed.
In this respect, the storage of this data is necessary to protect the data controller. In principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the transfer serves the purpose of criminal prosecution. The registration of the data subject by voluntarily providing personal data enables the
data controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the data base of the person responsible for processing. The
person responsible for processing will provide each data subject with information at any time upon request as to what personal data is stored about the data subject. Furthermore, the person responsible for processing corrects or deletes personal data at the request or notification of the data subject, provided that there are no legal retention obligations to the contrary. All of
the controller’s employees are available to the data subject as contact persons in this context.

6. Subscription to our newsletter
On the Mobility Marketing Operations GmbH website, users are given the opportunity to subscribe to our company’s newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose. Mobility Marketing Operations GmbH regularly informs its customers and business partners about the company’s offers by means of a newsletter. Our company’s newsletter can generally only be received by the data subject if

(1) the data subject has a valid email address and
(2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email will be sent using the double opt-in procedure to the email address entered by a data subject for the first time to receive the newsletter. This confirmation email is used to check whether the owner of the email address as the data subject has authorized receipt of the newsletter. When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the email address of a data subject at a later point in time and therefore serves to provide legal protection for the person
responsible for processing. The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter could be informed by email if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or a change in technical circumstances.
The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of revoking your consent, there is a corresponding link in every newsletter.
It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to communicate this to the controller in another way.

7. Newsletter tracking
The Mobility Marketing Operations GmbH newsletters contain so-called tracking pixels. A web beacon is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical analysis of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, Mobility Marketing Operations GmbH can determine whether and when an email was opened by a data subject and which links in the email were accessed by the data subject. Such personal data collected via the tracking pixels contained in the newsletters
are stored and evaluated by the person responsible for processing in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent issued via the double opt-in procedure. After revocation, these personal data will be deleted by the person responsible for processing.
Mobility Marketing Operations GmbH automatically interprets unsubscribing from receiving the newsletter as a revocation.

8. Contact option via the website
Due to legal regulations, the Mobility Marketing Operations GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail). address). If a data subject contacts the person responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.

9. Subscription to comments in the blog on the website
The comments made in the Mobility Marketing Operations GmbH blog can generally be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to the comments following their comment on a specific blog post. If a data subject chooses the option to subscribe to comments, the data controller will send an automatic confirmation email to use the double opt-in procedure to check whether the owner of the specified email address has actually decided in favor of this option. The option to subscribe to comments can be canceled at any time.

10. Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the storage purpose or if this is required by the European legislator or another legislator in law or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European directives and regulators or another responsible legislator expires, the personal data will be blocked or deleted routinely and in accordance with legal regulations.

11. Rights of the data subject

12. a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the person responsible for processing as to whether
personal data concerning him or her is being processed. If a data subject would like to exercise this right of confirmation, they can contact an employee of the person responsible for processing at any time.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European legislator to receive free information from the person responsible for processing at any time about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

• the purposes of processing
• the categories of personal data that are processed
• the recipients or categories of recipients to whom the

personal data has been disclosed or will be disclosed, particularly to recipients in third countries or to international organizations

• if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period

• the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to such processing

• the existence of a right to lodge a complaint with a supervisory authority
• if the personal data is not collected from the data subject:

All available information about the origin of the data

• the existence of automated decision-making including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject. Furthermore, the data subject is entitled to do so The person has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer. If a data subject would like to exercise this right to information, they can contact an employee of the person responsible for processing at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing. If a data subject would like to exercise this right to rectification, they can contact an employee of the data controller at any time.
d) Right to deletion (right to be forgotten)
Every person affected by the processing of personal data has the right granted by the European legislator to demand from the person responsible that the personal data concerning him or her be deleted immediately, provided that one of the following Reasons apply and to the extent that processing is not necessary:

• The personal data was collected or otherwise processed for purposes for which it is no longer necessary.

• The data subject revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.

• The data subject objects to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Art. 21 Para. 2 GDPR.

• The personal data was processed unlawfully.
• The deletion of personal data is to fulfill a legal obligation

Obligation required by Union law or the law of the Member States to which the controller is subject.

• The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR. If one of the reasons mentioned above applies and a data subject wishes to have personal data stored by Mobility Marketing Operations GmbH deleted, they can contact an employee of the data controller at any time. The employee of Mobility Marketing Operations GmbH will ensure that the deletion request is complied with immediately. If the personal data has been made public by Mobility Marketing Operations GmbH and our company, as the controller, is obliged to delete the personal data in accordance with Article 17 (1) GDPR, then Mobility Marketing Operations is responsible

GmbH, taking into account the available technology and the implementation costs, take appropriate measures, including of a technical nature, to inform other data controllers who process the published personal data that the data subject has requested the deletion of all data from these other data controllers has requested links to this personal data or copies or replications of this personal data, unless the processing is necessary. The Mobility Marketing Operations GmbH employee will take the necessary measures in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible restrict processing if one of the following conditions is met:

• The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

• The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.

• The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.

• The data subject has lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject. If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Mobility Marketing Operations GmbH, they can contact an employee of the data controller at any time. The employee of Mobility Marketing Operations GmbH will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format .
You also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data were provided, provided that the processing is based on consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR or Article 9 Paragraph 2 Letter a GDPR or based on a contract in accordance with Article 6 Paragraph 1 Letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority, which was transferred to the person responsible. Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and to the extent that this is not the case the rights and freedoms of other people are impaired. To assert the right to data portability, the data subject can contact an employee of Mobility Marketing Operations GmbH at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her based on Article 6 Paragraph 1 Letter e or f GDPR, to lodge an objection. This also applies to profiling based on these provisions. Mobility Marketing Operations GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert or exercise this right or defense of legal claims. If Mobility Marketing Operations GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to Mobility Marketing Operations GmbH to the processing for direct advertising purposes, Mobility Marketing Operations GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the
processing of personal data concerning him or her that is carried out by Mobility Marketing Operations GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1). DSGVO to lodge an objection, unless such processing is necessary to fulfill a task in the public interest. To exercise the right to object, the data subject may contact any employee of Mobility Marketing Operations GmbH or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC,
to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling
Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effects on him or her or similarly significantly affects them, provided that the decision

(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is permitted by Union or Member State law to which the controller is subject and that legislation takes appropriate measures to ensure compliance with the data controller rights and freedoms as well as the legitimate interests of the data subject or
(3) takes place with the express consent of the data subject.

Is the decision

(1) it is necessary for the conclusion or performance of a contract between the data subject and the person responsible or
(2) it takes place with the express consent of the data subject, Mobility Marketing Operations GmbH shall take appropriate measures to safeguard the rights and freedoms as well as legitimate interests of the person concerned, which includes at least the right to obtain human intervention on the part of the person responsible, to express one’s own point of view and to challenge the decision. If the data subject would like to assert rights with regard to automated decisions, he or she can contact an employee of the data controller at any time.
i) Right to revoke consent under data protection law Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time. If the data subject would like to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.

12. Data protection for applications and the application process
The person responsible for processing collects and processes the personal data of applicants for the purpose of processing the application process. Processing can also take place electronically. This is particularly the case if an applicant submits relevant application documents to the person responsible for processing electronically, for example by email or via a web form on the website. If the person responsible for processing concludes an employment contract with an applicant, the data transmitted will be
stored for the purpose of processing the employment relationship in compliance with legal regulations. If the person responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, provided that deletion does not conflict with any other legitimate interests of the person responsible for processing. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

13. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration,
the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c DRIVAR 28 GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above-mentioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

14. Legitimate interests in processing pursued by the controller or a third party If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

14. Duration for which personal data is stored The criterion for the duration of storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill the contract or initiate a contract.

15. Legal or contractual regulations governing the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the
data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.

16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling. This data protection declaration was created by the data protection declaration generator DS-GVO of the German Society for Data Protection, which, in cooperation with RC GmbH, recycles the used IT and the law firm media law lawyers from WILDE BEUGER SOLMECKE | Lawyers created.

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