How do we collect and process data?

We collect and process personal data (this is all information relating to an identified or identifiable natural person) only to the extent necessary to provide a functional website and our content and services. The collection of data is only carried out for a specific purpose and with the consent of the user. An exception applies only if it is not possible to obtain consent in advance and the legislator nevertheless provides for and permits this.For the processing of personal data, Art. 6 of the General Data Protection Regulation is the legal basis. Various legal bases for processing are regulated here.

a) Art. 6 para. 1 lit. a GDPR is the legal basis for the processing of personal data if consent is obtained from the data subject;

b) Art. 6 (1) lit. b GDPR serves as the legal basis if the processing of personal data which is necessary for the performance of a contract to which the data subject is a party, this also applies to processing operations which are necessary for the performance of pre-contractual measures;

c) Art. 6 para. 1 lit. c GDPR is the legal basis insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject;

d) Art. 6 para. 1 lit. d GDPR regulates the right to process personal data if vital interests of the person concerned or another natural person are affected;

e) Art. 6 (1) lit. f GDPR is the legal basis insofar as the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject are not overridden.

As long as the purpose for processing the personal data lasts, it will be stored. In addition, storage only takes place if the European or national legislator provides for storage beyond this in Union regulations, laws or other provisions to which our company is subject.

What data is processed by providing the website?

We log the following access data each time our website is called up and each time a file made available on our website is retrieved:

• Web browser,
• domain from which the request came
• amount of data transferred,
• Name of the page or file called up,
• date and time of the request,
• message on successful retrieval,
• and the IP address of the requesting computer.

This data is collected by us for statistical purposes and to improve our web offer, whereby you as an individual user remain completely anonymous. A personal link or utilization by the Continental Payment GmbH does not take place. Your personal data is only collected by us if you provide such information voluntarily, for example as part of your online application or when ordering a newsletter.

Our system has so-called log files. The aforementioned data is also stored there. The data storage takes place in anonymized form. The legal basis for the temporary storage is Art. 6 para. 1 lit. f GDPR. The temporary storage serves the purpose of enabling delivery of the website to the user. For this purpose, the address of the user must be stored. The storage therefore serves the functionality of the website.

As soon as the purpose for processing the data is fulfilled, your data will be deleted again. If the data is used to provide the website, it will be deleted again after the end of a session. The data stored in the log files will be deleted again after seven days. There can be no right to object to the collection of data required for the operation of the website, as the storage of the data is mandatory for the stated purpose.

Cookies usage

Cookies are small files that are stored on your data carrier and that store certain settings and data for exchange with our system via your browser. Basically, we distinguish 2 different types of cookies, so-called session cookies, which are deleted as soon as you close your browser and temporary/permanent cookies, which are stored on your data carrier for a longer period of time or indefinitely. This storage helps us to design our websites and our offers for you accordingly and makes it easier for you to use them, for example, by storing certain entries from you in such a way that you do not have to keep repeating them. The legal basis for the use of cookies is a legitimate interest according to Art. 6 para. 1 p. 1 f GDPR.

You can find out the exact storage period of a cookie by displaying the cookie in the browser. Only pseudonymous data is stored in the cookies used. When the cookie is activated, it is assigned an identification number and an assignment of your personal data to this identification number is not made. Your name, IP address or similar data that would allow the cookie to be assigned to you are not stored in the cookie.

You can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. However, if you do not accept cookies, the functionality of our website may be limited.

What are my rights as a affected party?

If personal data of yours is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis Continental Payment GmbH as the controller.

Right of information

You may request confirmation from us as to whether personal data concerning you is being processed.If such processing is taking place, you may request information from us about the following:

a) the purposes for which the personal data are processed;
b) the categories of personal data which are processed;
c) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
d) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
e) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(f) the existence of a right of appeal to a supervisory authority;
(g) any available information on the origin of the data, if the personal data are not collected from the data subject;
(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art.46 GDPR in connection with the transfer.

Right to correction

You have a right of rectification towards us if the processed data are inaccurate. Furthermore, you have the right to obtain completion from the data controller if the personal data processed concerning you is incomplete.

Right to restriction of processing

You may also request that we restrict the processing of personal data relating to you. The following requirements must be observed here:

a) you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(c) the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
d) if you have objected to the processing pursuant to Art.21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right to deletion of the processed data

a. Obligation to delete

You also have the right to request Continental Payment GmbH as the responsible party to delete the personal data concerning you without delay. We as Continental Payment GmbH are then obliged to delete this data without delay. One of the following reasons must then apply:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Art.8(1) GDPR.

b. Information to third parties

If Continental Payment GmbH has made public the personal data concerning you, and we are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall implement reasonable measures, including technical measures, taking into account the available technology and the cost thereof, to inform the data controllers that process the personal data that you, as the data subject, have requested erasure of all links to or copies or replications of such personal data.

c. Exceptions

The right to deletion does not exist if the processing is necessary for the following reasons:

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the field of public health pursuant to Art.9(2)(h) and (i) and Art.9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5) to assert, exercise or defend legal claims.

Right to information

Continental Payment GmbH as the controller is obliged to notify all recipients to whom the personal data in question has been disclosed of the rectification or erasure of the data or restriction of processing if you have asserted the right to rectification, erasure or restriction of processing of personal data against us. We shall only refrain from doing so in cases where this proves impossible or involves a disproportionate effort. You have the right to be notified of these recipients.

Right to data portability

As a data subject, you have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to have this data transferred to another controller without hindrance by the controller to whom the personal data was provided, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a) DSGVO or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and

(2) the processing is carried out with the aid of automated procedures.

You also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

a) is necessary for the conclusion or fulfillment of a contract between you and the responsible person,

(b) is permitted by Union or Member State law to which the controller is subject and that law contains appropriate measures to safeguard your rights and freedoms and legitimate interests; or

c) is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art.9(1) GDPR, unless Art.9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

Right of complaint to the supervisory authority

If you believe that the processing of personal data concerning you was not lawful within the meaning of the GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right to revoke the declaration of consent under data protection law

You can revoke your declaration of consent under data protection law at any time. However, the revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.