RDC Deutschland

Data protection

We take data protection seriously

The following data protection declaration applies to the use of our offer on the Internet at: www.nachtexpress.de (herinafter „website“)<.

The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular Regulation EU 2016/697 - the General Data Protection Regulation (GDPR). We collect and process your personal data in order to provide you with the services offered on our website This statement describes how and for what purpose your data is processed and what rights and choices you have in connection with your personal data. Your data is processed exclusively on the basis of Art. 6 (1) GDPR. Your data will be stored in accordance with the legal regulations only for the duration necessary to achieve the purpose pursued.

1   Responsible Person

The person responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR 

BTE BahnTouristikExpress GmbH
Fürther Str. 27
90429 Nürnberg/Germany
info@nachtexpress.de

Our data protection officer is

Neumeier AG
Marktstr. 29
84066 Mallersdorf/Germany
Telefon: 08772/803530
datenschutz@neumeier-edv.de

If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions, either in whole or for individual measures, you may address your objection to the person responsible or our data protection officer.

2   Use of the website

2.1  Hosting

The hosting services used by us serve in particular to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating the website<.

 

2.2  Access data

We collect information about you when you use this website. We automatically collect information about usage behavior and your interaction with us and register data about your computer or mobile device. We collect, store and use data about each access to our online offer (so-called server log files). The access data includes:

  • IP address 
  • Browser identifier
  • optionally a login name for pages with HTTP authentification
  • optionally, the address of the web page from which the user came to the current web page.

We use this log data without assigning it to you personally or otherwise profiling it for statistical evaluations for the purpose of the operation, security and optimization of our online offering, but also to anonymously record the number of visitors to our website (traffic) and the extent and type of use of our website and services. Based on this information, we can analyze traffic, search for and correct errors and improve our services. This is also our legitimate interest according to Art. 6 para. 1 p. 1 lit. f) GDPR.

We reserve the right to subsequently review the log data if there is a justified suspicion of unlawful use based on concrete indications. We store IP addresses in the log files for a limited period of time if this is required for security purposes or necessary for the provision of services or the billing of a service, e.g. if you use one of our offers. We also store IP addresses if we have a concrete suspicion of a criminal offense in connection with the use of our website. In addition, we store the date of your last visit as part of your account (e.g. when registering, logging in, clicking links, etc.).

Server log files are stored for 7 days.

2.3  Cookies

 

 

2.3.1 Session cookies

We use so-called session cookies to optimize our offer on the Internet. A session cookie is a small text file that is sent by the respective servers when you visit a website and is temporarily stored on your hard drive. This file as such contains a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They are used, for example, to enable you to use the shopping cart function across multiple pages. The data collection and processing in the session cookies is based on Art. 6 para. 1 lit. f) GDPR.

2.3.2 Persistent cookies

We also use persistent cookies (also small text files that are stored on your device) to a small extent, which remain on your device and allow us to recognize your browser the next time you visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is between 1 month and 10 years. This allows us to present our offer to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests. Persistent cookies are set exclusively on the basis of your prior consent, Art. 6 para. 1 lit. a) GDPR. When you call up this website, you will be shown a so-called Consent banner. Here you can choose whether you want to allow the setting of persistent cookies or not. You can revoke this choice at any time by sending an email to us.

2.4  E-mail contact

 

2.5  Order in the online store

When you book a ticket, you have the option to do so as a guest. For each order you will be asked to provide the following data:

  • First name
  • Last name
  • Address
  • Valid email address
  • Phone number

This data is needed for the following purposes:

  • To identify you as a new customer
  • In order to process your order, as well as to be able to conclude and fulfill the contract
  • For correspondence for contractual purposes with you
  • For invoicing
  • For the settlement of any liability claims, as well as the assertion of any claims against you
  • To manage our customer data
  • To ensure the technical administration of our website.

The processing of your data is based on Art. 6 para. 1 lit. b) or lit. f) GDPR. Your data will be stored after completion of the order for the duration of the legal retention period. If we ask you to provide additional data, this is done on a voluntary basis and on the basis of Art. 6 para. 1 lit a) GDPR. You can revoke your consent to this at any time by sending an email to us or our data protection officer.

We also transfer your data to additional service providers and other third parties so that we can design our processes efficiently and securely or to safeguard ourselves. For example, payment processing is carried out with the payment service provider Stripe Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA, to whom we pass on your information about your order provided during the ordering process in accordance with Art. 6 (1) lit. b GDPR. The transfer of your data takes place exclusively for the purpose of payment processing and only insofar as it is necessary for this purpose. You can find more information about Stripe's data protection at the URL https://stripe.com/de/privacy.

2.6  Registration

If you register in our online store, the data mentioned under point 2.5 will also be collected. The registration offers you the advantage that you do not have to enter your data again for a new order, because they are stored. In this case, the storage of your data is based on your consent according to Art. 6 para 1 lit. a) GDPR.

2.7 Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google has submitted to the Privacy Shield agreement concluded between the European Union and the USA and has certified itself. In doing so, Google undertakes to comply with the standards and regulations of European data protection law. You can find more information at www.privacyshield.gov/.

Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by site visitors is usually transmitted to a Google server in the U.S. and stored there<.

 

The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. When visiting our website, you will be shown a so-called Consent banner. This banner allows you to allow or prevent the use of cookies, which are required for Google Analytics, among other things. By ticking "Consent", you consent to the processing of your data by cookies. The processing of your data is therefore based exclusively on your consent in accordance with Art. 6 para. 1 lit. a) GDPR. You can revoke this consent at any time by emailing us or our data protection officer.  However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics<.

 

2.8  Facebook PlugIns

The website links to a "Like page" of Facebook. By clicking on this link, you leave this website and establish a direct connection between your browser and the Facebook servers. Information on the data that is subsequently collected by Facebook Inc. can be found here: https://www.facebook.com/privacy/explanation.

2.9  Storage duration

Unless specifically stated, we store personal data only for as long as necessary to fulfill the purposes pursued.

3   Your rights as a data subject affected by data processing

According to the applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request in text form, clearly identifying yourself, to the address mentioned in section 1. Below you will find an overview of your rights.

3.1 Right to confirmation and information

You have the right to obtain confirmation from us at any time as to whether personal data relating to you is being processed. If this is the case, you have the right to request from us free information about the personal data stored about you, together with a copy of this data (Art. 15 GDPR). Furthermore, you have the right to the following information:

  • 22Abs. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for you.

If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer<.

3.2 Right to rectification

You have the right to demand that we correct any inaccurate personal data concerning you without undue delay (Art. 16 GDPR). Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

3.3 

Pursuant to Article 17(1) of the GDPR, you have the right to request that we delete personal data concerning you without undue delay, and we are obliged to delete personal data without undue delay if one of the following reasons applies:

  • You revoke your consent on which the processing was based pursuant to Art. 6Abs. 1 1 lit. a GDPR or Art. 9 Abs. 2 lit. a GDPR and there is no other legal basis for the processing.
  • 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.
  • The personal data have been processed unlawfully.
  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
  • The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

If we have made the personal data public and we are obliged to erase it pursuant to Article 17(1) of the GDPR, we shall take reasonable steps, including technical measures, to inform the data controllers that you have requested erasure of all links to or copies or replications of the personal data, taking into account the available technology and the cost of implementation.

3.4 Right to restriction of processing

 

  • we no longer need the personal data for the purposes of processing, but you need the data for the assertion, exercise or defense of legal claims, or
  • you have objected to the processing pursuant to Art. 21(1) GDPR, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.

3.5 Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, clear and machine-readable format, and you have the right to transfer this data to another controller without hindrance from us (Art. 20 GDPR), provided that the processing is based on consent pursuant to Art. 6Abs. 1 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 p. 1 lit. b GDPR and the processing is carried out with the help of automated processes.

When exercising your right to data portability pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from us to another controller, to the extent that this is technically feasible.

3.6 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 concerning you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f GDPR (Article 21 GDPR); this also applies to profiling based on these provisions. We will no longer process the personal data after your objection, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

If we process personal data 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 associated with such direct marketing.

3.7 Automated decisions 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. Automated decision-making based on the personal data collected will not take place.

3.8 Right to revoke consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time (Art. 7 para. 3 GDPR, § 51 BDSG). You can send the revocation by e-mail to: info@nachtexpress.de or datenschutz@neumeier-edv.de.

3.9 Right to complain to a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you is unlawful.

4   Data security

To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we continually update.

Whenever we collect and process personal data, it is encrypted before it is transmitted. This means that your data cannot be misused by third parties. Our security measures are subject to a continuous improvement process and our data protection statements are constantly being revised. Please make sure that you have the latest version.

We also do not guarantee that our offer will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis.

5  Disclosure of data to third parties, no data transfer to non-EU countries

In principle, we only use your personal data within our company.

If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service.

In the event that we outsource certain parts of data processing ("commissioned processing"), we contractually oblige commissioned processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

A data transfer to bodies or persons outside the EU outside the cases mentioned in this declaration in number 2 does not take place and is not planned.

6  Newsletter

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and agree to receive the newsletter.

We use the double opt-in procedure to ensure that the newsletter is sent out in a consensual manner. In the course of this process, the potential recipient is added to a distribution list. Subsequently, the user is given the opportunity to confirm the registration in a legally secure manner by means of a confirmation e-mail. Only if the confirmation takes place, the address is actively included in the distribution list.

We use this data exclusively for sending the requested information and offers.

Newsletter2Go is used as newsletter software. Your data will be transmitted to Sendinblue GmbH. Sendinblue GmbH is prohibited from selling your data and using it for purposes other than sending newsletters. Sendinblue GmbH is a certified German provider, that has been selected according to the requirements of the General Data Protection Regulation and the Federal Data Protection Act.

https://de.sendinblue.com/informationen-newsletter-empfaenger/?rtype=n2go

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter.

The data protection measures are always subject to technical updates, for this reason we ask you to inform yourself about our data protection measures at regular intervals by consulting our data protection declaration.

7   Data protection officer

Neumeier AG
Marktstr. 29
84066 Mallersdorf/Germany
Telefon: 08772/803530
datenschutz@neumeier-edv.de

Please not that the German version is authoritative.