Responsible authority and service provider is:
Henry Mobility GmbH (haftungsbeschränkt) (“GetHenry”, “we”)
c/o FactoryWorks GmbH Lohmühlenstraße 65,
12435 Berlin, Deutschland
Last update: 2020.03.12
1. GENERAL INFORMATION ABOUT THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
1.1 PERSONAL DATA
We collect and use your personal data only insofar as necessary to deploy a fully functional website as well as our contents and services. Personal data is information that is associated with you as an individual. Examples are your name, address, postal address, phone number or email address. Non-personal data are information such as the number of users of a website or aggregated movement data, as they can no longer be traced to a certain individual.
1.2 PROCESSING OF PERSONAL DATA
Processing is any process in connection with personal data, carried out with or without the help of automated procedures, such as collecting, recording, organizing, sorting, storing, adapting or changing, reading, retrieving, using, disclosing through transferring, processing or another form of provision, synchronizing or connecting, restricting, deleting or destroying.
Personal data will be collected via our apps or website if you make them available on your own initiative, e.g. by registrations, completing forms, by sending emails, or by booking a GetHenry vehicle. We will use the data for the appropriate purposes or purposes resulting from the request, such as the booking inquiry for processing your booking request. A transmission to third parties will only be affected if this is explicitly permitted by law or if you agreed to the transfer as part of your registration or during an active business relationship.
1.3 LEGAL BASES OF THE PROCESSING
The collection and use of personal data of our users only happens with informed consent of the user. Insofar we seek consent for the processing operations of personal data of the person concerned, art. 6, para. 1 cl. a GDPR serves as a legal basis for the processing of personal data.
An exception is made in such cases in which a prior consent is for factual reasons not possible and the processing of the data is permitted by law.
For the processing of personal data for the purpose of the preparation or conclusion of a contract with you, art. 6, para. 1 cl. b GDPR serves as a legal basis. This also applies to processing operations that are required for the execution of pre-contract measures.
Insofar the processing of personal data is necessary for compliance with a legal obligation to which the controller is subject, art. 6, para. 1 cl. c GDPR serves as a legal basis.
In case the processing is necessary to protect the vital interests of our company or a third person and the interests, fundamental rights and freedoms do not override the former interest, art. 6, para. 1 cl. f GDPR serves as a legal basis for the processing. The retention of the functionality of our IT systems, the marketing of our own products and services and the legal measures of documenting business contacts are such legitimate interests.
We implement technical and organizational security measures to protect your data that we hold against manipulation, loss, destruction and against access by unauthorized persons. We continually improve our security measures in line with technological development.
1.5 DELETING YOUR PERSONAL DATA
2. DATA COLLECTION DURING THE USE OF GetHenry SERVICES
On our website and in our applications, we enable our users to register themselves by indicating personal data. The registration is mandatory for the use of the GetHenry services. During the registration process, the following personal data are collected:
- Email address
- Payment data as well as a password of your choice
- Optional: Name, address, date of birth
- Date and time of registration
2.2 DATA COLLECTION AND PERMISSIONS WHEN USING THE GetHenry APP
Before a GetHenry vehicle can be rented, the QR code on the vehicle has to be scanned. The scan of the code enables the rent of the vehicle. In order to capture the QR code, access to the camera function of your device is required.
We need information about your location to show you on Google Maps (Google Ireland Limited) and Apple Maps (Apple Inc.) whether you are near a business area as described in the General Terms and Conditions. The location of your phone will only be used, if the IOT-Module of the Scooter fails to provide a signal.
See the next section “Data collection when renting a GetHenry vehicle” for more information about data processing of Google Maps and Apple Maps.
With your consent, we will send you an overview to your email address after the termination of the GetHenry vehicle rent. If you do not give consent to do so, the overview can be found in the app. The consent can also be given or revoked at a later time.
2.2.2 GetHenry ANALYTICS
We would like to understand the usage behavior of our app to be able to improve our service continuously. For this purpose, we collect the following technical data (among others): Device information (e.g. Information about the operating system and the app version), the point in time when you open the GetHenry app, your behavior in the app (e.g. the selection of vehicles), the duration of use or the time spent in certain functionalities.
2.3 DATA COLLECTION WHEN RENTING A GetHenry VEHICLE
2.3.1 Google Maps The website and the GetHenry apps use Google Maps API applications. They enable us to show e.g. Interactive maps on our website or in our apps. This application is crucial for the functioning and the full availability of our contents and services.
2.3.2 TELEMATICS UNITS
To be able to see and book the GetHenry vehicles on the map, we use IoT boxes and telematics units in our vehicles. They send GPS data on a regular basis. Our service provider cannot allocate the data sent to you. The reconstruction of the location of the rented vehicle based on the GPS data sent takes only place in the following cases and for the following purposes:
- Through “geofencing”, a warning will be issued when the booking is terminated outside the business area. According to the General Terms, the rent can only be terminated within our business area (art. 6, para. 1 cl. f GDPR).
- This applies also for the termination of the rent not carried out by the user, e.g. after an unusually long rental period, in your and our interest (art. 6, para. 1 cl. f GDPR), or
- As part of service requests during the usage (e.g. booking cannot be terminated, vehicle cannot be found, assistance in case of an accident) (art. 6, para. 1 cl. b and f GDPR).
- Proof in case of damage: In case of an accident or another case of damage, such as the damage of the vehicle, we have a legitimate interest to prove where the accident or case of damage happened (art. 6 para. 1 cl. f GDPR).
- Transparent billing: After the rent was terminated, you will receive an overview of the rent in your app and optionally by email.
- Improvement of availability: anonymous evaluation of places where the users already performed bookings in order to optimize the distribution of the vehicles. (Art. 6 para. 1 cl. f GDPR).
2.4 DATA COLLECTION DURING CONTACTING
In case you contact us via the contact form, email or phone, we will process the information you give us for the purpose of processing your request as well as for possible follow-up questions. The processing is based on our legitimate interest to be able to answer customer requests. Your data will be deleted as soon as they are no longer required for the purpose of the request or the fulfillment of legal obligations.
3 AUTOMATIC DATA COLLECTION DURING THE USE OF THE GetHenry WEBSITE
3.1 Data required for technical purposes
To optimize the system performance, usability and provision of useful information about our services on our website, we automatically collect and store information in server log file that are automatically transferred to us by your browser. When you access our website, general information will be collected automatically. This information consists e.g. of
- the operating system and information about the Internet browser uses, including installed add-ons;
- IP address (Internet Protocol address) of the device that was used to access the online service;
- Internet address of the website that was used to call up the online service (source or referrer URL);
- name of the service provider that was used to access the online service;
- name of the files and information retrieved;
- date and time as well as duration of the retrieval;
This information is necessary for technical reasons to provide the requested website contents properly and to resolve failures and security incidents (e.g. attack attempts).
The information is only stored for the duration of your use of the website. Server log files that need to be retained for evidence purposes (e.g. if there are specific reasons to believe the website was used unlawfully) are excluded from erasure until the the incident has been finally clarified. They can be transferred to investigating authorities on a case-by-case basis.
We statistically analyze anonymous information of this kind to optimize our online presence and the technology behind it.
3.3 Analysis and advertising services
By means of the following analysis and advertising services we would like to understand you behavior on our website, improve our service and / or show you advertisements based on your interests. You can withdraw your consent to any data processing as described in the following sections.
3.3.1 GOOGLE ANALYTICS
Google will use this information on our account to evaluate your use of the website, to produce reports on website activities for their operators, and to provide other services related to the use of the website and of the Internet. The IP address transferred from your browser as part of Google Analytics will not be be associated with other Google data.
You can prevent continued storage of the cookies by appropriately adjusting your browser software. Furthermore you can prevent the collection of information related to the website and generated by the cookie (incl. Your IP address) as well as the processing of this data through Google. For this purpose, download and install the browser plug in by clicking on the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
3.3.2 CUSTOM AUDIENCES WITH FACEBOOK PIXEL
4. Transferring personal data to third parties
Besides the service providers mentioned under point 2 and 3 above, we involved processors for the following processing operations:
- providers of information society services, such as web server, email server, storage server, cloud management systems, geolocation systems, cloud storage.
- marketing service providers
- email service providers
- payment system providers
- providers of incident management systems
Furthermore we may transfer your personal data to the following recipients:
- companies of the GetHenry group
- government authorities and / or public administrations
- banks and financial institutions for the collection of the services
- state security forces and institutions according to the provisions of the law
Your data is only passed on to third parties wherever permissible and required by the European data protection. This is the case if you expressly consent to the transfer of your data to one of our cooperation partners and / or the transfer is necessary for the performance of the contract. Furthermore, a transfer is legal from a data protection perspective if it is required for the enforcement of other regulations (e.g. criminal law provisions) and the transfer is allowed from a data protection point of view. Aggregated and anonymous data about routes are furthermore provided to public facilities, such as research centers, cities and municipalities for the purpose of improving the local traffic situation. Individual persons can no longer be derived from these aggregated data.
Insofar as we pass on data to recipients located outside the European Economic Area, we ensure that the recipient provides either an adequate level of data privacy protection (e.g. due to an adequacy decision of the EU commission for the respective country or the agreement of EU standard contractual clauses of the European Union with the recipient) or we have your consent for the transfer.
5 RIGHTS OF THE PERSONS AFFECTED
5.1 Right to information
You have the right to demand information about the data stored about you, about the origin of the data, their recipients or categories of recipients, and the nature and purpose of the processing.
5.2 RIGHT OF REVOCATION
If you have given your consent to the use of your personal data, you can revoke it for the future at any time without providing reasons.
5.3 RIGHT OF RECTIFICATION
Should you later on establish that personal data held by us are not accurate or complete, you can correct or complete them in your customer account at any time or let them correct or complete by us.
5.4 RIGHT OF DELETION AND BLOCKING
Under certain circumstances you have the right to block or delete the data about your person held by us. The deletion or blocking of your personal data takes place as soon as we were able to verify the preconditions regarding the legitimacy of your demand. As far as the deletion of your data has legal, contractual, fiscal or business retention requirements or other legally based reasons, your data will be blocked instead of deleted. After your data have been deleted, an exchange of information is no longer possible.
5.5 RIGHT TO TRANSFER DATA
You may receive your personal data we processed and received from you in a machine-readable format designated by us or you can instruct us to directly transfer these data to a selected third person, if this recipient enables this from a technical point of view and no unreasonable burden or other confidentiality obligations or considerations on our part or from third persons prevent this.
5.6 RIGHT OF OBJECTION
You are entitled at any time, and without giving reasons, to refuse the data processing for direct advertising purposes. In addition, it should be noted that the objection to data processing operations may limit or prevent the implementation of the framework contract and the processing of individual contracts.
5.7 Extended rights referring to the automated data processing for personalized data evaluation
In relation to the automated data processing for personalized data evaluation you have, in addition to the above mentioned rights, the right to engage a natural person in the decision-making process as well as a right of appeal and a right to express our concern.
5.8 CONTACT FOR CLAIMS MADE IN CONNECTION WITH THE RIGHTS OF THE PERSONS AFFECTED
For claims made in connection with the rights of the persons affected you can contact us via email to: firstname.lastname@example.org or in writing to: Henry Mobility UG (haftungsbeschränkt), Lohmühlenstraße 65, 12435 Berlin ℅ Factory Works GmbH.
We ask you to submit a proof of your identity, e.g. by sending an electronic copy of the identification document, for every request.
5.9 Right of appeal at the supervisory authority
You have the right to lodge a complaint against the processing of your personal data at the respective supervisory authority if you consider your rights to have been infringed according to the GDPR.
6. Product and advertising communication
In the following we explain the data processing for product information and advertising reasons.
6.1 GetHenry offer emails and personalized advertising
We send our customers marketing communication about GetHenry products or services which is tailored to their ‘profile’ (i.e. based on the information about a customer to predict their preferences). We send such communication to customers by email, SMS or in-app push notifications. We may send you this tailored marketing communication only with your consent, which can be revoked at any time in your app settings. In order to send you marketing communication tailored to your preferences, we will use the information you submitted during the creation of your customer account as well as automatically collected information, such as:
- notices of receipt and read confirmations of messages
- information about your device and the browser used
- your activities on our website
- your activities in our apps
- your history of using GetHenry services
We also send our customers non-personalized marketing communication (such as offer emails) from time to time. We may send you this information, as we have a legitimate interest to keep you up to date about our services. We will use the email address or other contact data you provided during the creation of your customer account for this purpose.
In this way, our customers may only receive tailored messages about GetHenry products or services based on their preferences or non-tailored special offers of the GetHenry services. You will receive these notifications whether or not you registered for our newsletter.
We would like to send our potential and existing customers advertising of our products and services and products of our cooperation partners by email on a regular basis. For this purpose, we will use the email address indicated for the registration to our newsletter and the country. As part of the registration to our newsletter, we will ask for your consent in the following way: The identification of your email address is carried out through the double opt-in process. This means that you will receive a confirmation email in a further step to agree to the receipt of the newsletter. When subscribing to our newsletter, we log the following information:
- IP address used
- time of the subscription to the newsletter
- time of mailing the confirmation email
- content of the confirmation email
- time of clicking on the confirmation link or archiving the email reply
The purpose of this process is to prove your registration and resolve a potential misuse of your personal data.
We will inform you about any withdrawal options in the confirmation email and in every newsletter.
6.3 DISCLOSURE OF DATA AND REVOCATION
The data will not be made available to third parties. Your data may be held only for the time we have a business relationship with you and if you did not object to this data processing
You can send your objection to the receipt of product and advertising emails or the revocation of your consent regarding our newsletter by email to email@example.com or by mail to Henry Mobility UG (haftungsbeschränkt), Lohmühlenstraße 65, 12435 Berlin ℅ Factory Works GmbH. You will also find a cancellation link in every notification, which is regarded as objection or revocation when clicked on.