Privacy Policy
IMPORTANT NOTE: The German version of this document will govern our relationship - this translated version is provided for convenience only and will not be interpreted to modify the German version.
I. General Information
w63 GmbH (hereinafter "SimplyMotion") as the operator of the website https://simplymotion.io/ and https://app.simplymotion.io/ takes the protection of personal data very seriously. We treat personal data confidentially and in accordance with statutory data protection regulations and this privacy policy. The legal bases can be found in the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
When you use our website, various personal data may be processed depending on the type and scope of the usage. Personal data refers to information that relates to an identified or identifiable natural person (hereinafter "data subject"); a natural person is considered identifiable if they can be directly or indirectly identified (e.g., by assignment to an online identifier). This includes information such as your name, address, phone number, and date of birth.
This privacy policy informs you in accordance with Art. 12 ff. GDPR about how your personal data is handled when using our website. It specifically explains what data we collect and how we use it. It also informs you about how and for what purpose this is done.
This privacy policy explicitly refers to data processing processes specific to the website when visiting our website at https://simplymotion.io/ and https://app.simplymotion.io/. Beyond the website-specific data processing processes, SimplyMotion places high importance on the protection of personal data. For the processing of personal data within the scope of a contractual relationship with us (i.e., beyond the mere use of the website), we will enter into further agreements regarding the use of personal data.
II. Controller
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g., names, email addresses, etc.). The controller according to the GDPR and the applicable national data protection laws (especially the BDSG) as well as other data protection regulations is:
w63 GmbH, Hermannstraße 23, 40233 Düsseldorf
Contact persons: Max Unkenholz and Moritz Jansen
Tel.: +49 211 9629 1248
Email: info@w63.io
III. Data Protection Officer
We have not yet appointed a data protection officer due to the absence of the legal requirements and the small size of our company. Contact persons are the managing directors named in section II.
IV. Purposes and Legal Bases for Data Processing
1. Access and Visit to Our Website – Server Log Files
For the technical provision of the website, it is necessary to process certain information automatically transmitted by your browser so that our website can be displayed in your browser and you can use the website. This information is automatically collected each time you access our website and automatically stored in so-called server log files. These are:
- Browser type and version
- Operating system used
- Website from which the access was made (referrer URL)
- Hostname of the accessing computer
- Date and time of access
- IP address of the requesting computer
The storage of the aforementioned access data is required for the provision of a functional website and to ensure system security for technical reasons. This also applies to the storage of your IP address, which is necessary and could, under certain conditions, theoretically allow for a connection to your person. Beyond the aforementioned purposes, we only use server log files for the demand-oriented design and optimization of our website in a purely statistical manner and without linking them to your identity. These data will not be combined with other data sources, and we do not analyze the data for marketing purposes.
The access data collected as part of the use of our website will only be retained for the period necessary to achieve the aforementioned purposes. Your IP address will be stored on our web server for IT security purposes for a maximum of 7 days.
If you visit our website to learn about or use our product and service offerings, the basis for the temporary storage and processing of the access data is Art. 6 (1) sentence 1 lit. b GDPR (legal basis), which allows the processing of data for the performance of a contract or for pre-contractual measures. In addition, Art. 6 (1) sentence 1 lit. f GDPR serves as the legal basis for the temporary storage of the technical access data. Our legitimate interest here lies in providing you with a technically functional and user-friendly website and ensuring the security of our systems.
2. Contact Form
If you send us inquiries via email or contact form, your message/comment (including the contact details provided) will be stored and processed to handle and respond to your request, as well as for any follow-up questions. This data will not be passed on to third parties unless this is necessary for processing and answering your request or you have given us your corresponding consent.
If you contact us within the scope of an existing contractual relationship or to inform yourself about our services or products, the data and information you provide will be processed for the purpose of handling and responding to your inquiry in accordance with Art. 6 (1) sentence 1 lit. b GDPR (legal basis). Otherwise, for the purpose of protecting our legitimate interests in properly responding to customer inquiries, we process your data based on Art. 6 (1) sentence 1 lit. f GDPR.
The data you enter in the contact form will remain with us until the purpose for the data storage/processing no longer applies (e.g., after your request has been fully handled). Mandatory statutory provisions—especially retention periods—remain unaffected.
3. Use of Cookies and Associated Functions/Technologies
We use so-called cookies on our website. Cookies do not harm your computer and do not contain viruses. Cookies are used to make our offer more user-friendly, effective, and secure, and to enable certain functionalities. Cookies are small text files that are stored on your computer and saved by your browser. A cookie contains a characteristic string of characters that allows your browser to be uniquely identified the next time you visit the website.
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit or your browser session (so-called transient cookies). Other cookies remain on your device for a specified duration or until you delete them (so-called persistent cookies). These cookies allow us to recognize your browser the next time you visit. Upon written request, we are happy to provide further information about the functional cookies we use. Please contact us using the contact details mentioned above.
You can set your browser to inform you about the setting of cookies and to allow cookies only on a case-by-case basis, exclude the acceptance of cookies for certain cases or generally, and activate the automatic deletion of cookies when closing the browser. The procedure for deactivating cookies is usually available via the "Help" function of your internet browser. Disabling cookies may limit the functionality and/or full availability of this website. For further cookie-specific settings and deactivation options, please refer to the explanations below regarding the cookies and associated functions/technologies used on our website.
Some of the cookies we use on our website come from third parties who assist us in providing...
Objection to Data Collection
Alternatively, you can enable/disable the collection of your data by Google Analytics, particularly on mobile devices, by clicking the following link:
If deactivated, a cookie will be set to prevent the collection of your data on future visits to this website.
For more information on how Google Analytics handles user data and the security and privacy principles, as well as settings and objection options, please refer to Google's privacy policy, which can be accessed via the following link: https://support.google.com/analytics/answer/6004245?hl=en .
4. Other Processing Purposes
Compliance with Legal Requirements: We also process your personal data to fulfill other legal obligations that may arise in connection with our business activities. This includes, in particular, commercial, trade, or tax-related retention periods. We process your personal data in accordance with Art. 6 para. 1 sentence 1 lit. c GDPR (Legal Basis) to fulfill a legal obligation to which we are subject.
Legal Enforcement: We also process your personal data to assert our rights and to enforce our legal claims. We further process your personal data to defend ourselves against legal claims. Finally, we process your personal data as far as necessary to prevent or investigate criminal offenses. We process your personal data in this regard to protect our legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR (Legal Basis), as long as we assert legal claims or defend ourselves in legal disputes or seek to prevent or clarify criminal offenses (legitimate interest).
Consent: If you have given us consent to process personal data for specific purposes (e.g., sending informational materials and offers), the legality of this processing is based on your consent. Consent can be revoked at any time. This also applies to the revocation of consents granted before the applicability of the GDPR, i.e., before May 25, 2018. Please note that the revocation only takes effect for the future and does not affect processing carried out before that.
V. Recipients of Data
Within SimplyMotion, those departments that need access to your data to fulfill our contractual and legal obligations will receive it. Service providers and agents we employ (e.g., technical service providers, shipping companies, disposal companies) may also receive data for these purposes. We limit the sharing of your personal data to what is necessary, taking into account data protection legal requirements. Some recipients receive your personal data as processors and are then strictly bound by our instructions when handling your personal data. Some recipients act independently in their own data protection responsibilities and are also required to comply with the requirements of the GDPR and other data protection regulations.
Finally, we may transmit personal data to our consultants in legal or tax matters on a case-by-case basis, whereby these recipients are obliged to confidentiality and secrecy due to their professional status.
VI. Data Transmission to Third Countries
In the context of using the aforementioned tools, we may transmit your IP address to third countries (see above). The data transfer is based on standard contractual clauses approved by the EU Commission. Otherwise, we do not transfer your personal data to countries outside the EU or EEA or to international organizations, unless expressly stated otherwise in this privacy policy.
VII. Duration of Data Storage
We process and store your personal data initially for the duration required for the respective purpose of use (see above regarding the individual processing purposes). This also includes the periods for the initiation of a contract (pre-contractual relationship) and the execution of a contract. On this basis, personal data will be regularly deleted in the context of fulfilling our contractual and/or legal obligations unless their temporary further processing is necessary for the following purposes:
- Fulfillment of legal retention obligations arising, for example, from the Commercial Code (§§ 238, 257 para. 4 HGB) and the Fiscal Code (§ 147 para. 3, 4 AO). The retention periods specified there for storage or documentation can be up to ten years.
- Preservation of evidence, considering the limitation periods. According to §§ 194 et seq. of the Civil Code (BGB), these limitation periods can be up to 30 years, while the regular limitation period is three years.
VIII. Data Security
Personal data is protected by us through appropriate technical and organizational measures to ensure an adequate level of protection and to safeguard the rights of the data subjects. The measures taken serve, among other things, to prevent unauthorized access to the technical facilities we use and to protect personal data from unauthorized disclosure to third parties. In particular, this website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as your contact inquiries, which you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. However, we point out that data transmission over the Internet (e.g., communication via email) may have security vulnerabilities. A complete protection of the data against access by third parties is not possible in this respect.
IX. Your Rights as a Data Subject
You have the following rights as a data subject under the legal requirements:
Right of Access: You are entitled at any time, within the scope of Art. 15 GDPR, to request confirmation from us as to whether we are processing personal data concerning you; if this is the case, you are further entitled, within the scope of Art. 15 GDPR, to obtain information about this personal data as well as certain additional information (including processing purposes, categories of personal data, categories of recipients, planned storage duration, the origin of the data, the use of automated decision-making, and in the case of third-country transfers, the appropriate safeguards) and a copy of your data. The restrictions of § 34 BDSG apply.
Right to Rectification: You have the right to request from us, according to Art. 16 GDPR, that we rectify any inaccurate or incorrect personal data stored about you.
Right to Deletion: You have the right to request from us, under the conditions of Art. 17 GDPR, that we delete personal data concerning you without delay. The right to deletion does not exist, among other things, if the processing of personal data is necessary, for example, to fulfill a legal obligation (e.g., legal retention obligations) or to assert, exercise, or defend legal claims. Furthermore, the restrictions of § 35 BDSG apply.
Right to Restriction of Processing: You have the right to request from us, under the conditions of Art. 18 GDPR, that we restrict the processing of your personal data.
Right to Data Portability: You have the right to request from us, under the conditions of Art. 20 GDPR, that we provide you with the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format.
Right to Withdraw Consent: You can revoke any consent given for the processing of personal data at any time. This also applies to the revocation of consents granted...