Data protection information for parking facilities of Nexobility GmbH
We, as operators of the parking facilities of Nexobility GmbH (also: BetterPark), are responsible within the meaning of the applicable data protection law, in particular the General Data Protection Regulation (“GDPR”), for the personal data of the user (“you”) of our parking facilities. At this point we would like to provide you with additional or more detailed information on the information that is already provided to you via our signs in our parking facilities.
1. Information about the responsible person Name and contact details:
Nexobility GmbH
Erikastraße 2-4
70327 Stuttgart
info@betterpark.de
2. Data Protection Officer We have appointed a company data protection officer, who can be contacted at:
Tel.: +49 711 99887271
Email: datenschutz@betterpark.de
3. Data processing in the context of the operation of our parking facilities
a. Image-based license plate recognition
If you wish to use our parking facility with your motor vehicle, we will automatically collect the following information when you enter our premises by means of partial image recording and text recognition (electronic and visual):
- License plate number of the vehicle
- Vehicle manufacturer/brand of the vehicle (if identifiable)
- Time of entry and exit of the incoming and outgoing vehicles
The provision of this data is necessary for the conclusion of a contract and you are obliged to provide this data in order to use our parking facilities. If you do not wish this, you may not park in our parking facilities. The driver of the vehicle is either vaguely or not recognizable at all in the image; this does not make it possible to identify him/her.
Purposes:
Defense, detection and prosecution of unauthorized use and violations of the contractual terms, securing evidence, pursuing and enforcing claims, compliance with statutory retention periods, exercise of house rules, proper operation of the parking facility; anonymization and statistical evaluation (legal basis: Art. 6 Para. 1 lit. b and lit. f GDPR) as well as compliance with statutory retention periods (legal basis: Art. 6 Para. 1 lit. c GDPR) and, if necessary, providing information or notifications in connection with your data subject rights (Art. 6 Para. 1 lit. c and f GDPR).
Legitimate interests:
Defense, detection and prosecution of unauthorized use and criminal offenses; protection of ownership and property rights, proper operation of the parking facility, statistics and evaluations, answering inquiries from those affected (Art. 6 Para. 1 lit. f GDPR). Recipients and transmissions: If necessary (e.g. due to a violation of the terms of use), we will transmit the vehicle registration number to the Federal Motor Transport Authority (KBA) and/or to our lawyers. This serves to obtain further personal data in order to assert and enforce our claims. If there is a corresponding reason or we receive a request, we may also (have to) pass on the data mentioned under point 3 to criminal investigation or administrative authorities (Art. 6 Para. 1 lit. c, e, f GDPR).
Other sources: In order to enforce our claims and interests, we receive - if necessary - the following additional personal data from the KBA and/or our lawyers:
- First name
- Last name
- Address
- Owner status
- Information about the vehicle (vehicle type and manufacturer)
This personal data is used exclusively to assert and enforce our claims or legitimate interests or to comply with statutory retention periods (legal basis Art. 6 Para. 1 lit. b and lit. f GDPR). If you assert your rights as a data subject, the data will also be processed to provide you with information or other notifications (Art. 6 Para. 1 lit. c GDPR). Storage period/storage criteria: If there is no violation of the terms of use or there is otherwise a reason or obligation to process your data to protect legitimate interests or to transmit it to law enforcement or administrative authorities, the data mentioned under point 3 will be stored for a period of 30 days from the time of collection and then immediately anonymized or deleted. If we assert or enforce claims against you, we will process your data until the respective conclusion of the procedure and beyond that until the expiry of any statutory storage periods (Art. 6 Para. 1 lit. c GDPR in conjunction with legal regulations in Germany, e.g. HGB or AO).
b. Image-based parking space monitoring
We sometimes install cameras on our parking spaces that take a still image at regular intervals (usually every 15 minutes during normal operating hours). Since no videos are recorded, this is not classic video surveillance. This image-based monitoring of the parking space supplements image-based license plate recognition wherever this is demonstrably beneficial or advisable for achieving the purposes stated in the following paragraph in order to ensure sustainable and professional parking space management in the long term. The public areas within the field of view of a camera (sidewalks, public roads, etc.) are permanently blacked out when the camera is put into operation. People are usually not identifiable in the images (due to the distance from the camera); however, this cannot be completely ruled out.
Purposes:
Defense, detection and prosecution of unauthorized use and violations of the contractual terms, securing evidence, pursuing and enforcing claims, compliance with statutory retention periods, exercise of house rules, proper operation of the parking facility; (legal basis: Art. 6 Para. 1 lit. b and lit. f GDPR) as well as compliance with statutory retention periods (legal basis: Art. 6 Para. 1 lit. c GDPR) and, if necessary, providing information or notifications in connection with your data subject rights (Art. 6 Para. 1 lit. c and f GDPR).
Legitimate interests:
Defense, detection and prosecution of unauthorized use and criminal offenses; protection of ownership and property rights, proper operation of the parking facility, statistics and evaluations, answering inquiries from those affected. Recipients and transmissions: If necessary (e.g. due to a violation of the terms of use), we will transmit the vehicle registration number to the Federal Motor Transport Authority (KBA) and/or to our lawyers. This serves to obtain further personal data in order to assert and enforce our claims. If there is a corresponding reason or we receive a request, we may also (have to) pass on the data and images mentioned under this point 3 to criminal investigation or administrative authorities (Art. 6 Para. 1 lit. c, e, f GDPR).
This personal data is used exclusively to assert and enforce our claims or legitimate interests or to comply with statutory retention periods (legal basis Art. 6 Para. 1 lit. b and lit. f GDPR). If you assert your rights as a data subject, the data will also be processed in order to provide you with information or other notifications (Art. 6 Para. 1 lit. c GDPR). Storage period/storage criteria: If there is no violation of the terms of use or there is otherwise a reason or obligation to process your data to protect legitimate interests or to transmit it to law enforcement or administrative authorities, the data mentioned under point 3 will be stored for a period of 60 days from the time of collection and then immediately anonymized or deleted. If we assert or enforce claims against you, we will process your data until the respective conclusion of the procedure and beyond that until the expiry of any statutory storage periods (Art. 6 Para. 1 lit. c GDPR in conjunction with legal regulations in Germany, e.g. HGB or AO).
4. Contact by email or telephone
You have the option of contacting us by email or telephone. Your personal data transmitted in this way will be stored by us. The data will only be processed to process your contact. The legal basis for the processing of your personal data is Art. 6 Para. 1 lit. f GDPR. The data will be stored until it is no longer required to achieve the purpose of the conversation with you and the request for your contact has been fully clarified.
If the aim of your contact is to conclude a contract with us, the additional legal basis for the processing of your personal data is Art. 6 Para. 1 lit. b GDPR. This data will be stored for as long as it is necessary to carry out the contract or the pre-contractual measures. In addition, we only store your data in order to comply with contractual or legal obligations (e.g. tax obligations) (Art. 6 Para. 1 lit. c GDPR).
In addition to the data that you voluntarily provide to us, we may receive the time (date and time) when your data was transmitted to us, as well as your IP address. The processing of this data corresponds to our legitimate interest (Art. 6 Para. 1 lit. f GDPR) in order to ensure the security of our systems and to prevent misuse. This data, which we additionally collect when you contact us, is deleted as soon as it is no longer required, at the latest when the purpose of your contact has been fully clarified.
You can inform us at any time (see section 1 above) that we should delete the data provided during the conversation. In this case, all personal data from the conversation will be deleted, as far as permissible, and a continuation of the conversation will not be possible.
5. Use of service providers
We would like to point out that we may use service providers with whom we have concluded order processing agreements (e.g. for hosting) to process your personal data. Processing and storage generally takes place within the European Union (EU). If data is processed by order processors in a third country (not within the EU), we ensure that the level of protection of your data guaranteed by the GDPR is not undermined (Art. 44 ff. GDPR). The legal basis for the use of service providers is Art. 6 Paragraph 1 Letter f GDPR. The commissioning of service providers (specialists or other service providers in areas that we cannot serve ourselves) is in our legitimate interest. If you would like to receive a copy of the suitable or appropriate guarantees (if these are required), please let us know (see Section 1 above).
6. Your rights
If we process your data, you are a "data subject" within the meaning of the GDPR. You have the following rights: right to information, right to rectification, right to restriction of processing, right to erasure, right to information and right to data portability. In addition, you have a right of objection, a right of revocation and the right to complain to the supervisory authority.
Below you will find some details about the individual rights:
a. Right to information
You have the right to request confirmation from us as to whether we process your personal data. If we process your personal data, you have the right to receive information about the purposes of processing, categories of personal data, recipients or categories of recipients, and, if applicable, the storage period.
b. Right to rectification
You have the right to have the data we have stored about you corrected and/or completed if this data is incorrect or incomplete. We will carry out the correction or completion immediately.
c. Right to restrict processing
Under certain circumstances, you have the right to request that we restrict the processing of your personal data. An example of this is if you dispute the accuracy of your personal data and we have to verify the accuracy for a certain period of time. For the duration of the verification, your data will only be processed to a limited extent. Another example of a restriction is that we no longer need your data, but you need it for a legal dispute.
d. Right to erasure
In certain situations, you have the right to request that we delete your personal data immediately. This is the case, for example, if we no longer need your personal data for the purposes for which we collected the data or if we have processed your data unlawfully. Another example would be that we process your data based on your consent, you withdraw your consent and we do not process the data based on another legal basis. However, your right to deletion does not always apply. For example, we may process your personal data to comply with a legal obligation or because we need it for legal proceedings.
e. Right to information
If you have asserted your right to rectification, erasure or restriction vis-à-vis us, we are obliged to inform all recipients to whom we have disclosed your personal data of the rectification, erasure or restriction of the processing of your data, unless doing so should prove impossible or involve disproportionate expenditure.
f. Right to data portability
Under certain conditions, you have the right to receive the personal data you have provided to us in a structured, common and machine-readable format and the right to have this data transmitted to another controller. This is the case if we process the data either on the basis of your consent or on the basis of a contract with you and we process the data using automated procedures. You have the right to have us transmit your personal data directly to another controller, provided this is technically feasible and does not affect the freedoms and rights of other persons.
g. Right of objection
You have the right to object at any time to the processing of your personal data based on point (e) or (f) of Article 6 (1) GDPR for reasons related to your particular situation. This also applies to profiling based on these provisions. After an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If we process your personal data in order to conduct direct advertising, you have the right to object at any time to the processing of your personal data for the purposes of such advertising. This also applies to profiling insofar as it is related to direct advertising. If you object to the processing of your personal data for direct marketing purposes, we will no longer process it for these purposes.
a. Right of withdrawal
According to Art. 7 (3) GDPR, you have the right to withdraw your consent at any time. Withdrawing your consent does not retroactively invalidate the legality of the processing.
b. Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority, without prejudice to any other administrative or judicial remedy. You can exercise your right to lodge a complaint in particular in the Member State of your place of residence, place of work or place of the alleged infringement if you believe that the processing of your personal data violates the GDPR.
An overview of the respective state data protection officers and their contact details can be found under the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
7. Status and timeliness of this data protection information
February 2024
