Privacy Policy Duvenbeck Mobile Client App

Privacy Policy

We, the Duvenbeck Group, respect the personal rights of the users of this App and understand the importance of protecting personal data. We always treat your data confidentially and adhere to the statutory provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). In the following we would like to inform you which data we collect from you, how we process them and which rights you can assert against us.

I.Data controller

The data controller according to the EU General Data Protection Regulation (Article 4 para. 7, GDPR) is:

Duvenbeck Consulting GmbH & Co. KGRuhrallee 746395 BocholtTelephone: +49 2871 - 2192 0Email: This email address is being protected from spambots. You need JavaScript enabled to view it.Internet: https://www.duvenbeck.de

II.Data protection officer

You can contact the Data protection officer at:

Duvenbeck Consulting GmbH & Co. KGRuhrallee 746395 BocholtTelephone: +49 2871 - 2192 0Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

III.General data protection

1.Personal data

Personal data within the meaning of the GDPR are all information that relates to an identified or identifiable natural person. A natural person is identifiable if they can be identified directly or indirectly, in particular by means of assignment to an identifier (e.g. name, location, address, email address, IP address, etc.) (Article 4 para. 1 GDPR).

2.Processing of data

Data processing within the meaning of the GDPR means any process carried out with or without the help of automated processes or any series of processes in connection with personal data such as the collection, recording, organisation, ordering, storage, adaptation or changing, reading, querying, using, disclosing through transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction.

IV.Information that is collected when the App is downloaded

When the App is downloaded, certain required information is transmitted to the App store you have selected, in particular the user name, email address, customer number of your account, the time of the download, payment information and the individual device code can be processed. The processing of these data is carried out exclusively by the respective App store chosen by you and is beyond our control.

V.Data collection through the use of the App

All data that we process will only be processed after successful authentication and on the basis of a valid legal basis for specified and clear purposes.

• to fulfil our service (e.g.: GPS - data for shipment tracking, route data),
• as far as legally permissible or necessary in the case of legal or criminal investigations (e.g. by reporting damage to the vehicle),
• if it is technically necessary for the App (e.g. the date, time, browser and operating system) or
• based on consent, legitimate interest or a legal basis.

After installation, the App is only authenticated by using the Duvenbeck contact details provided in the App (phone or email). To protect your personal data and your privacy, only log in using the licence plate number of your company vehicle.

The following personal data are processed in the App: Device identification, ID or IP address, location and route data and sometimes all information that is transmitted via the messenger as well as in the context of a damage report or by uploading the freight documents. Additional personal data such as your name, address, telephone number or email address are not recorded unless you provide this information voluntarily (e.g. in the context of a damage report).

1.Transfer of the data

Your personal data will only be transmitted to third parties or to third countries if you have given us your express consent or if this is required by law.

A transfer to third countries outside the European Union (EU), the European Economic Area (EEA) or to an international organisation does not take place unless there are appropriate guarantees or on the basis of your explicit consent. Appropriate guarantees include the EU standard contractual clauses and an adequacy decision by the EU Commission.

2.Legal basis for the data processing

• If processing is necessary to safeguard a legitimate interest of our company and your interests, fundamental rights and freedoms do not outweigh the following, the legal basis is: Article 6 para. 1 lit. f GDPR.
• If we have obtained consent for processing (by downloading and installing our App), the following applies: para. 1 lit. a GDPR
• Insofar as processing is necessary to fulfil a contract with you (including pre-contractual measures), the following legal basis applies: Article 6 para. 1 lit. b GDPR
• If Duvenbeck is subject to a legal obligation that requires the processing of your personal data, the following legal basis applies: Article 6 para. 1 lit. c GDPR in conjunction with the respective applicable legal obligation

3.Storage duration and data deletion

We only store your personal data for as long as they are necessary to provide our service and there is a legitimate interest in storing them. After that, your data will be deleted, with the exception of data that must continue to be stored in order to fulfil legal obligations (retention obligations). Duvenbeck also adheres to the principles of data storage avoidance and data economy.

4.Rights of the data subject

You as the data subject have the following rights with regard to Duvenbeck. For this purpose, the requirements named there are absolutely necessary.

• Right to information (Article 15 GDPR): With the right to information, the data subject receives comprehensive insight into the data concerning him or her and some other important criteria. The exceptions to this right regulated in § 34 of the Federal Data Protection Act (BDSG) apply.
• Right of rectification (Article 16 GDPR): You have the right to have your personal data corrected and/or completed if these data are incorrect or incomplete. We will make the correction immediately.
• Right of deletion (Article 17 GDPR): You can ask us to delete your personal data. We are then obligated to delete the data immediately if one of the following reasons applies:
  • Your data are no longer required for the purposes for which they were collected or otherwise processed;
  • If you revoke your consent, which is the basis for the data processing, and there is no other legal basis for the processing;
  • You object to the processing of your data and there are no overriding legitimate reasons for the processing,
  • If the data have 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.
• Right to have the processing restricted (Article 18 GDPR): You can request that we restrict the processing of your data if:
  • You dispute the correctness of the personal data concerning you for a period that enables us to check the correctness of the data;
  • the processing is unlawful and you reject the deletion of your data and instead request that their use be restricted;
  • we no longer need your personal data for processing purposes, but you need them to assert, exercise or defend legal claims;
  • you have lodged an objection to the processing and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

  If the processing of your personal data has been restricted, we may only use these data, apart from their storage, with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

  If the processing of your personal data has been restricted according to the above conditions, you will be informed by us before the restriction is lifted.

• Right to notification (Article 19 GDPR): If you have asserted the right to correction, deletion or restriction of processing against us, we are obligated to notify all recipients to whom the personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
• Right of data portability (Article 20 GDPR): If you have made your personal data available to us, you can request the handing over of these data in a suitable format in order to transfer them to another company yourself or to have them transferred.
• Right of objection (Article 21 GDPR): You have the right to object to data processing by us at any time for reasons that arise from your particular situation, insofar as this is done to safeguard our legitimate interests. If you make use of your right of objection, we will stop processing your data, unless we can, in accordance with legal requirements, prove compelling legitimate reasons for further processing that outweigh your rights.

  You also have the right to revoke a given declaration of consent under data protection law. Revoking consent does not affect the legality of any processing that took place beforehand.

  Furthermore, a right of appeal exists. If you are of the opinion that the processing of your personal data by us is inadmissible, you have the right to complain about the processing to a competent data protection supervisory authority. The responsible data protection supervisory authority is that of your place of residence or your State or the data protection supervisory authority responsible for us (NRW, https://www.ldi.nrw.de).

VI.Data processing when using this APP

1.Processing the routes

For the purpose of administration, planning, control and monitoring of the vehicle fleet, personal data are processed in the field of vehicle fleet management. The following data are processed: Licence plate, departure, arrival, date, time, break times, location data and also all data that are uploaded using the App in the context of the shipping documents.

We only save your data until the purpose of the data processing no longer applies. After that, your data will be deleted, with the exception of data that must continue to be stored in order to fulfil legal obligations (e.g. retention obligations, statutory limitation periods).

2.Global Positioning System (GPS)

For the purpose of shipment tracking and as part of the fulfilment of the contract with our customers, this App accesses the location of your mobile device and transmits it at regular intervals (approx. 5 minutes). Your location data are transmitted via an encrypted connection and are only evaluated in connection with the licence plate. The data determined are stored for the purpose of contract fulfilment, tracking, coordination and to optimise the routes. The position data sent from your mobile device to Duvenbeck are displayed in the position log in the App.

The App only sends the location data if you have activated the GPS function of your mobile device and started the App. After the route has ended, please note that you must close the App via the relevant menu on your mobile device, otherwise it will continue to run in the background.

3.“Messenger” chat function

The App offers a chat function which serves the purpose of allowing users of the App to exchange information on organisational issues at short notice (e.g. blocking of the motorway). Users are only visible to other users with the licence plate number of the vehicle with which they were registered when registering for the App. The content published in the chat is saved for the purpose of tracking, coordination and optimisation.

4.Damage report

Using the damage report function, we will save the data you have provided (max. 5 photos, text field for comments) so that we can process your report. As part of the investigation and settlement of a claim, the transmitted data are forwarded in individual cases to law enforcement authorities and/or to the respective insurance company. We only save your data until the purpose of the data processing no longer applies. After that, your data will be deleted, with the exception of data that must continue to be stored in order to fulfil legal obligations (e.g. retention obligations, statutory limitation periods).

5.Google Maps

For the purpose of coordination, navigation and optimisation of the route, you can use the App to be forwarded to the Google Maps online map service. The provider is: Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. Parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. All information on the purpose and scope of the data collection and their processing can be found in Google’s privacy policy at: https://policies.google.com/privacy?hl=de&gl=de

If the user is logged in to their Google user account when forwarding, the operator can, if necessary, assign the information collected to the personal account of the respective user.

We would like to point out that in the USA there is no comparable level of data protection within the meaning of the GDPR. It is possible that in individual cases, government agencies access personal data without a data subject knowing about it. Furthermore, it is expected that it will not be possible to enforce your rights under the GDPR in the USA.

VII.Permissions

1.Photos / media / files

Your operating system accesses your local storage system to upload individual photos. This function requires that you grant authorisation in the menu of the mobile device. Access is only for the purpose of uploading photos that you have selected individually, as part of a damage report or when you upload freight documents.

2.Camera

Your camera is only accessed for the purpose of creating individual photos, during a damage report or in the area of route processing with regard to the freight documents. This function requires that you grant authorisation in the menu of the mobile device.

3.Location (GPS location)

Your location data will only be processed for the purpose of tracking your shipment. This function requires that you activate the GPS and grant authorisation.

You can change or delete all granted authorisations at any time in the system settings of your mobile device.

VIII.Changes to the privacy policy