Categories of personal data processed, purpose of the processing
When visiting our external and internal websites or using our applications, or online services (each an “Online Offering”), we may process the following categories of personal data:
- Your contact information, such as full name, work address, work telephone number, work mobile phone number and work email address;
- Organizational information, including job position and company name;
- Further personal data that you provide by filling in forms in our Online Offerings; and
- Information on your interaction with the Online Offering, including your device and user identifier, information on your operating system, sites and services accessed during your visit, the date and time of each visitor request.
We process your personal data for the following purposes:
- To provide the Online Offering’s services and functions which includes creating and administering your online account, updating, securing, and troubleshooting, providing support, as well as improving and developing our Online Offerings;
- To bill your use of the Online Offering;
- To verify your identity;
- To answer and fulfill your requests or instructions;
- To process your order or to provide you with access to specific information or offers;
- To contact you with information and offers concerning our products and services, to send you further marketing information or to contact you in the context of customer satisfaction surveys as explained in Section 4; and
- As reasonably necessary to enforce the Online Offering’s terms, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems.
Online Offerings provided by your organization
Our Online Offerings may be provided to you for your use by the organization to which you belong, such as our enterprise customers. If your organization provides you with access to an Online Offering, our processing of personal data provided by or collected from you or your organization in connection with the Online Offering’s content is performed under the direction of your organization and is subject to a data processing agreement between your organization and us. In such instance, your organization is responsible for any personal data contained in such content and you should direct any questions about how personal data contained in such content is used to your organization.
In the context of the business relationship with us, we may process the following categories of personal data of consumers and contact persons at (prospective) customers, suppliers, vendors and partners (each a “Business Partner”):
- Contact information, such as full name, work address, work telephone number, work mobile phone number and work email address;
- Payment data, such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
- Further information necessarily processed in a project or contractual relationship with us or voluntarily provided by the Business Partner, such as personal data relating to orders placed, payments made, requests, and project milestones;
- Personal data collected from publicly available resources (including business and employment oriented social networks and websites), integrity data bases and credit agencies; and
- Information that are legally required for Business Partner compliance screenings or export control checks, such as date of birth, nationality, place of residence, ID numbers, identity cards and information about relevant and significant litigation or other legal proceedings against Business Partners.
We may process the personal data for the following purposes:
- Communicating with Business Partners about our products, services and projects, e.g. by responding to inquiries or requests or providing you with information about purchased products;
- Planning, performing and managing the (contractual) relationship with Business Partners; e.g. by performing transactions and orders of products or services, processing payments, performing accounting, auditing, billing and collection activities, arranging shipments and deliveries, facilitating repairs and providing support services;
- To create a personal profile containing business-related information on interactions between you and us with the aim of being able to offer you and the company you work for relevant information and suitable offers for our services and products and to improve our personal communication with you;
- Administrating and performing market analysis, sweepstakes, contests, or other customer activities or events;
- Contacting you with information and offers concerning our products and services, sending you further marketing messages and conducting customer satisfaction surveys as explained in Section 4;
- Maintaining and protecting the security of our products, services and websites, preventing and detecting security threats, fraud or other criminal or malicious activities;
- Ensuring compliance with legal obligations (such as record keeping obligations), export control and customs, Business Partner compliance screening obligations (to prevent white-collar or money laundering crimes), and our policies or industry standards; and
- Solving disputes, enforce our contractual agreements and to establish, exercise or defend legal claims.
Where and as permitted under applicable law, we may process your contact information for direct marketing purposes (e.g. trade show invitations, newsletters with further information and offers concerning our products and services) and to carry out customer satisfactions surveys, in each case also by e-mail. You may object to the processing of your contact data for these purposes at any time by writing to contact@smart-train-lease.com or by using the opt-out mechanism provided in the respective communication you received.
When you apply for a job, we process your personal data as set out in this privacy notice.
We may transfer your personal data to:
- other affiliated companies or third parties – e.g. sales partners or suppliers – in connection with your use of the Online Offerings or our business relationship with you;
- third parties which provide IT services to us and which process such data only for the purpose of such services (e.g., hosting or IT maintenance and support services); and
- third parties in connection with complying with legal obligations or establishing, exercising or defending rights or claims (e.g., for court and arbitration proceedings, to regulators, law enforcement and government authorities, to attorneys and consultants).
The recipients of your personal data may be located outside of the country in which you reside. Personal data published by you on Online Offerings (such as chat rooms or forums) may be globally accessible to other registered users of the respective Online Offering.
Unless indicated otherwise at the time of the collection of your personal data (e.g. within a form completed by you), we erase your personal data if the retention of that personal data is no longer necessary for the purposes for which they were collected or otherwise processed, or to comply with legal obligations (such as retention obligations under tax or commercial laws).
The data protection laws in the jurisdiction in which you reside may entitle you to specific rights in relation to your personal data.
In particular, and subject to the legal requirements, you may be entitled to
- Obtain from us confirmation as to whether or not personal data concerning you are being processed, and where that is the case, access to the personal data;
- Obtain from us the correction of inaccurate personal data concerning you;
- Obtain from us the erasure of your personal data;
- Obtain from us restriction of processing regarding your personal data;
- Data portability concerning personal data, which you actively provided;
- Object, on grounds relating to your particular situation, to further processing of personal data concerning you; and
- Withdraw your consent to our processing of your personal data.
To protect your personal data against accidental or unlawful destruction, loss, use, or alteration and against unauthorized disclosure or access, we use adequate physical, technical and organizational security measures.
Our Data Privacy Organization provides support with any data privacy related questions, comments, concerns or complaints or in case you wish to exercise any of your data privacy related rights. The Data Privacy Organization may be contacted at: dataprotection@smart-train-lease.com.
The Data Privacy Organization will always use reasonable efforts to address and settle any requests or complaints you bring to its attention. Besides contacting the Data Privacy Organization, you always have the right to approach the competent data protection authority with your request or complaint.
This section applies and provides you with further information if your personal data is processed by one of our companies located in the European Economic Area.
Data Controller
Online Offerings
The specific company identified in the Online Offering as being the operator of the Online Offering is the data controller in the meaning of the General Data Protection Regulation for the processing activities described in this Privacy Notice.
Business Partner personal data in Customer Relationship Systems
In the course of our business relationship with you, we may share Business Partner contact information with affiliated companies. We and these affiliated companies are jointly responsible for the proper protection of your personal data (Art. 26 General Data Protection Regulation).
To allow you to effectively exercise your data subject rights in the context of this joint controllership, we entered into an agreement with these affiliated companies granting you the right to centrally exercise your data subject rights under section 8 of this Privacy Notice against Smart Train Lease.
To exercise your rights, you may reach out to: dataprotection@smart-train-lease.com.
Legal basis of the processing
The General Data Protection Regulation requires us to provide you with information on the legal basis of the processing of your personal data.
The legal basis for our processing data about you is that such processing is necessary for the purposes of
- exercising our rights and performing our obligations under any contract we make with you (Article 6 (1) (b) General Data Protection Regulation) (“Contract Performance”);
- Compliance with our legal obligations (Article 6 (1) (c) General Data Protection Regulation) (“Compliance with Legal Obligations”); and/or
- Legitimate interests pursued by us (Article 6 (1) (f) General Data Protection Regulation) (“Legitimate Interest”). Generally, the legitimate interest pursued by us in relation to our use of your personal data is the efficient performance or management of (i) your use of the Online Offerings, and/or (ii) our business relationship with you. Where the below table states that we rely on our legitimate interest for a given purpose, we are of the opinion that our legitimate interest is not overridden by your interests and rights or freedoms, given (i) the regular reviews and related documentation of the processing activities described herein, (ii) the protection of your personal data by our data privacy processes, including our Binding Corporate Rules on the Protection of Personal Data, (iii) the transparency we provide on the processing activity, and (iv) the rights you have in relation to the processing activity. If you wish to obtain further information on this balancing test approach, please contact our Data Privacy Organization at: dataprotection@smart-train-lease.com.
In some cases, we may ask if you consent to the relevant use of your personal data. In such cases, the legal basis for us processing that data about you may (in addition or instead) be that you have consented (Article 6 (1) (a) General Data Protection Regulation) (“Consent”).
Processing of personal data in the context of Online Offerings – Purpose and Legal Basis
To provide the Online Offering’s services and functions which includes creating and administering your online account, updating, securing, and troubleshooting, providing support, as well as improving and developing our Online Offerings
- Contract Performance (Article 6 (1) (b) General Data Protection Regulation)
- Legitimate Interest (Article 6 (1) (f) GDPR)
To bill your use of the Online Offering
- Contract Performance (Article 6 (1) (b) General Data Protection Regulation)
- Legitimate Interest (Article 6 (1) (f) GDPR
To verify your identity
- Contract Performance (Article 6 (1) (b) GDPR)
- Legitimate Interest (Article 6 (1) (f) GDPR)
To answer and fulfill your requests or instructions
- Contract Performance (Article 6 (1) (b) GDPR)
- Legitimate Interest (Article 6 (1) (f) GDPR)
To process your order or to provide you with access to specific information or offers
- Contract Performance (Article 6 (1) (b) GDPR)
- Legitimate Interest (Article 6 (1) (f) GDPR)
To send you marketing information or to contact you in the context of customer satisfaction surveys as further explained in Section 4
- Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
- Legitimate Interest (Article 6 (1) (f) GDPR)
As reasonably necessary to enforce the Online Offering’s terms, to establish or preserve a legal claim or defense, to prevent fraud or other illegal activities, including attacks on our information technology systems
- Compliance with Legal Obligations (Article 6 (1) (c) GDPR
- Legitimate Interest (Article 6 (1) (f) GDPR)
Processing of personal data for customer satisfaction surveys and for direct marketing
Processing of your contact information for direct marketing purposes (e.g. trade show invitations, newsletters with further information and offers concerning our products and services) and to carry out customer satisfactions surveys
- Consent, if voluntarily provided (Article 6 (1) (a) GDPR)
- Legitimate Interest (Article 6 (1) (f) GDPR)
International data transfers
In the event that we transfer your personal data outside the European Economic Area, we ensure that your data is protected in a manner which is consistent with the General Data Protection Regulation. Therefore, and if required by applicable law, we take the following measures:
- We share your personal data with affiliated companies outside the European Economic Area only if they have implemented our Binding Corporate Rules for the protection of personal data.
- We transfer personal data to external recipients outside the European Economic Area only if the recipient has (i) entered into EU Standard Contractual Clauses with us or (ii) implemented Binding Corporate Rules in its organization. You may request further information about the safeguards implemented in relation to specific transfers by contacting dataprotection@smart-train-lease.com.
Your competent data protection authority
In case of data privacy related concerns and requests, we encourage you to contact our Data Privacy Organization at dataprotection@smart-train-lease.com. Besides contacting the Data Privacy Organization, you always have the right to approach the competent data protection authority with your request or complaint.
A list and contact details of local data protection authorities is available here.