Privacy statement

Name and address of the controller:

The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection in general is the Data Protection Commissioner:

Fixemer Logistics GmbH
Auf dem Elm 2
66706 Perl-Borg
Germany
Phone: +49 6867 50 0
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.fixemer.com

Data Protection Officer:

Any person concerned can contact our Data Protection Officer directly at any time with any questions or suggestions regarding data protection: This email address is being protected from spambots. You need JavaScript enabled to view it.

Data collected and purposes of processing:

  • The driver's phone number is for verification and sending of the trip to the driver's phone.
  • Possibly, additional voluntary driver information, such as the name for the care of the driver's base in the forwarding software WinSped.
  • Access to stored media on the driver's phone to provide digital proof of delivery and to transmit proofs of damage (photos) by the driver via the App.
  • Access to the phone's location and GPS data to track the driver's current location and route. This serves several purposes, such as
    • The calculation of the expected arrival of the driver,
    • Automatic setting of status messages if the driver forgets to do so,
    • Offering follow-up orders in the vicinity of the current location,
    • Verification of the correct use of the App,
    • Security checks and theft prevention,
    • and much more
  • Status messages are set manually by the driver to transfer the current status of the transport.
  • In addition, self-learning algorithms based on the collected data (GPS, trip data and similar data) will be developed for AI-supported optimization of transport allocation.

Legal basis of the processing:

Art. 6 Para. 1 a

Legitimate interests:

Identity control, theft prevention, fulfilment of contractual obligations towards clients (status reports, T&T), supplier retention by offering follow-up orders based on the location.

Recipient of the personal data:

Data is forwarded to the customer for position determination. Depending on the domicile of the client, this transfer may also take place in third countries. The data transmission includes the truck number plate and the GPS coordinates.

Duration of data storage:

The data is stored for a period of 5 years for the purpose of AI-supported optimization of transport allocation. It is then automatically deleted.

Rights of the data subject:

a) Right to confirmation

Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

b) Right of access

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. In addition, the European legislator has provided the data subject with the following information:

  • the processing purposes
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
  • if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
  • the existence of a right to rectification or erasure of the personal data concerning them, or to the limitation of the processing by the controller or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data is not collected from the data subject: All available information on the origin of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the data subject

The data subject also has the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.

c) Right to rectification

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

d) Right to cancellation (right to be forgotten)

Any personal data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him or her which is subject to one of the following conditions and to the extent that the processing is not necessary:

  • The personal data has been collected for such purposes or processed in any other way for which it is no longer necessary.
  • The data subject shall revoke his or her consent to the processing pursuant to Art. 6 (1) (a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Article 21 (1) of the GDPR and there are no legitimate reasons for the processing, or the data subject submits, pursuant to Art. 21 (2) GDPR, an objection against the processing.
  • Personal data has been processed unlawfully.
  • The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
  • The personal data has been processed in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If one of the above reasons applies and a person concerned wishes to have personal data stored at Fixemer Logistics GmbH deleted, he or she can contact an employee of the person responsible for processing at any time. The employee of Fixemer Logistics GmbH shall arrange for the request for deletion to be complied with immediately.

If the personal data has been made public by Fixemer Logistics GmbH and if our company is responsible according to Art. 17 (1) GDPR, Fixemer Logistics GmbH shall take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary, taking into account the available technology and implementation costs. The employee of Fixemer Logistics GmbH will take the necessary steps in individual cases.

e) Right to limitation of processing

Any data subject undergoing to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period of time which allows the data 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 for the assertion, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the data subject.

If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at Fixemer Logistics GmbH, he or she can contact an employee of the data controller at any time. The employee of Fixemer Logistics GmbH will initiate the restriction of the processing.

f) Right to data transferability

Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. They also have the right to communicate this data to another controller without being hindered by the controller to whom the personal data has been provided, provided that the processing is based on the consent pursuant to Art. 6 (1) (a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, unless the 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.

Furthermore, in exercising his or her right to data transfer, the data subject shall, in accordance with Art. 20 (1) GDPR, the right to have personal data transferred directly from one person responsible to another person responsible shall be granted to the extent that this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.

In order to assert the right to data transferability, the person concerned can contact an employee of Fixemer Logistics GmbH at any time.

g) Right of appeal

Any data subject involved with the processing of personal data shall have the right, granted by the European directive and regulation, to oppose at any time, for reasons related to his or her particular situation, the processing of personal data concerning him or her, under Art. 6 (1) (e) or (f) GDPR This also applies to profiling based on these provisions.

Fixemer Logistics GmbH will no longer process personal data in the event of an objection, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

If Fixemer Logistics GmbH processes personal data in order to conduct direct advertising, the person concerned 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 in so far as it is related to such direct marketing. If the person concerned objects to Fixemer Logistics GmbH processing the data for direct marketing purposes, Fixemer Logistics GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons arising from his/her particular situation, to oppose the processing of personal data concerning him/her by Fixemer Logistics GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task in the public interest.

In order to exercise the right to object, the person concerned may directly contact any employee of Fixemer Logistics GmbH or another employee. The data subject shall also be free to exercise his or her right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated case-by-case decisions including profiling

Any person concerned with the processing of personal data shall have the right granted by the European directive and regulatory authority not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on them or, in a similar manner, significantly affects them; unless the decision (1) is 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 legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject; or (3) is made with the express consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the responsible person or (2) is made with the express consent of the person concerned, Fixemer Logistics GmbH shall take appropriate measures to protect the rights and freedoms, as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person by the controller, to present one's own position and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.

i) Right to revoke consent under data protection law

Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.

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