Terms of use - Rent and rent sports cars - DRIVAR® sports car rental

General Terms of Use for the use of DRIVAR®
Valid from 01.01.2025

1 Scope of application
The following General Terms and Conditions of Use contain the basic rules
for the DRIVAR® online platform www.en.drivar.at of
Mobility Marketing Operations GmbH ,
Ölweide 12, 39114 Magdeburg,
represented by the Managing Director Phillipp Müller (hereinafter referred to as “DRIVAR®”) and for all, including future, legal transactions and actions similar to legal transactions
between the user and DRIVAR®.
Terms and conditions of the user that deviate from these terms and conditions shall not apply. For vehicle providers, the separate terms of use for vehicle providers also apply.

2 Subject matter
2.1 DRIVAR® operates an online platform that enables the conclusion of rental agreements of all kinds between users (referred to as the Service). DRIVAR® itself does not offer items for rental or hire and is not a party to the rental agreements to be concluded. These are concluded exclusively between individual users.
2.2 “Users” within the meaning of these Terms of Use are all natural or legal persons or
persons or associations of persons who use the DRIVAR® service for information purposes or
the initiation or conclusion of rental agreements, irrespective of whether they are
whether they intend to conclude corresponding contracts as tenants or landlords
intend to do so.

3 Registration / User Account
3.1 Use of the Service is generally possible without registration. Registration is only required for the use of certain functions of the Service or for use as a lessor/renter.
3.2 Registration creates a contract between the user and DRIVAR® for the use of the Service. Registration and setting up a user account are free of charge. Minors and other natural persons with limited or no legal capacity are not permitted to register.
3.3 The user is obliged to provide the data collected during registration truthfully and completely. If the data collected changes after registration, the user must update the information in his user account without delay or – if this is not possible – notify DRIVAR® of the changes without delay. By submitting the registration form, the user submits an offer to conclude a user agreement with DRIVAR®, agrees to the General Terms of Use of DRIVAR® and assures that he/she is not excluded from using the service in accordance with clause 3.2.
3.4 DRIVAR® reserves the right to reject the user’s registration without giving reasons.
3.5 If DRIVAR® accepts the registration, the user shall receive a confirmation e-mail in which the user’s most important details are also summarized once again. The user agreement between DRIVAR® and the user shall come into effect upon receipt of the confirmation e-mail. To complete registration, the user must reply to the confirmation e-mail in accordance with the instructions contained therein.
3.6 When registering, the user may define a user name and password (hereinafter referred to as “access data”) within the scope of what is technically possible. User names whose use infringes the rights of third parties, in particular name or trademark rights, or which are otherwise unlawful or offend common decency, are not permitted. The user must keep the access data secret and protected from access by unauthorized third parties. If the user loses the access data or discovers or suspects that his access data is being used by a third party, he must inform DRIVAR® immediately.
3.7 DRIVAR® is entitled to block the user account immediately.

Or if there is any other important reason In the event that the user account is blocked, the user concerned is prohibited from re-registering with DRIVAR® and opening a new user account until DRIVAR® has given its express prior consent.

If false information was provided during registration
In the event of loss or suspected misuse of the access data by a third party
If the user has violated the DRIVAR® General Terms of Use
Or if there is any other important reason In the event that the user account is blocked, the user concerned is prohibited from re-registering with DRIVAR® and opening a new user account until DRIVAR® has given its express prior consent.

4 Conclusion of brokerage contracts
4.1The User can submit a binding or non-binding request to conclude a rental/loan agreement via the vehicle advertisements provided or via the contact form/email. DRIVAR® shall then use the data entered by the user in the contact form to arrange contact with the respective vehicle provider for the conclusion of a rental agreement. Upon confirmation of the request by DRIVAR®, a separate agency agreement is also concluded between DRIVAR® and the respective user. The amount of the agency fee – unless otherwise stated in the amount of 25% of the rental price – is already included in the agreed rental price and is paid to DRIVAR® directly by the renter in the form of a down payment invoice. Payment is only possible by bank transfer, credit card or Paypal – cash payment is not possible! As part of the reservation, the user undertakes to pay this down payment invoice promptly, but at the latest within 7 days of receipt of the invoice – otherwise DRIVAR® is entitled to cancel the reservation and charge the user the corresponding cancellation fees.
4.2.1 Cancellation of the rental contract: In the event of the tenant canceling the rental, a cancellation fee of between 50% and 100% of the agreed rental price will be charged. Cancellations within 48 hours before the start of the rental period will always be charged at 100% of the rental price. By taking out a higher rental rate, the renter can generally reduce these cancellation fees to 75% (Standard Rate product), 50% (Premium Rate products) or 25% (Luxury Rate product), irrespective of the time of cancellation. The renter is free to provide proof that the damage incurred was less.
4.2.2 Stornierung Vermittlungsvertrag:
Der Vermittlungsvertrag bleibt von einer Stornierung der Miete unberührt, ganz gleich ob diese durch den Nutzer oder den jeweiligen Fahrzeuganbieter erfolgt. Im Falle einer Stornierung durch den Fahrzeuganbieter ist DRIVAR® jedoch verpflichtet, einmalig eine Nacherfüllung der Miete an einem anderen Termin zu ermöglichen oder aber ein gleichwertiges Ersatzfahrzeug zum ursprünglich reservierten Zeitraum anzubieten. Sollte kein Fahrzeug des gleichen Herstellers und Typs bereitstehen, hat DRIVAR® das Recht ein gleichwertiges Fahrzeug ähnlichen Typs eines anderen Herstellers zur Verfügung zu stellen. Um dies zu gewährleisten, verpflichtet sich der Mieter, DRIVAR® unverzüglich in Kenntnis zu setzen, sollten bei der Miete Probleme auftauchen oder sollte der Fahrzeuganbieter den Wagen plötzlich nicht mehr zur Verfügung stellen können. Schlägt die Nacherfüllung an einem anderen Datum fehl oder ist ein gleichwertiges Ersatzfahrzeug nicht verfügbar, kann der Kunde vom Vermittlungsvertrag zurücktreten oder den Preis mindern.
4.3 Use of the vehicles at motor sport events, track days, regularity tests, driving safety training, test drives on a closed track, for subletting, for committing criminal offenses, for transporting highly flammable or hazardous substances is prohibited – without written permission from the Rental Firm, which must be requested in advance. In the event of excessive wear and tear, the Landlord reserves the right to transfer the costs of repairs to the Tenant in full or in part.
4.4 The minimum age for the vehicles listed for rental on DRIVAR® is stated in the respective vehicle advertisement or can alternatively be found out as part of an inquiry. Some vehicles may be available for hire with a reduced minimum age. The user must make a corresponding request in advance. Use in countries outside Germany must also be requested in advance. If the renter violates this or does not provide truthful information in advance, the vehicle provider is the vehicle provider is always entitled to cancel the rental immediately at the regular cancellation fees.
4.5 The information on the advertised vehicles comes from the vehicle providers. DRIVAR® therefore does not guarantee that this information is correct or up to date. DRIVAR® also does not guarantee or warrant a specific color or body shape. The only guaranteed characteristics are the make and type of vehicle as specified in the booking request.
4.6 DRIVAR® endeavors to prevent fraudulent use of the Service. Unfortunately, however, it cannot be ruled out that this may nevertheless occur in individual cases. DRIVAR® can therefore accept no liability for ensuring that the identity of a user corresponds to the information provided by the user. It is recommended that the identity of the other contracting party be verified before exchanging services.
4.7 Rental rates: As part of the booking process, the user has the option of concluding a so-called rental rate – this is divided into the categories “Economy”, “Standard”, “Premium” and Luxury, whereby the “Economy rate” is always included in the rental price.The higher rates guarantee, among other things, that the booked vehicle has fully comprehensive insurance from the respective owner, offer the option to reduce cancellation fees or add additional drivers to the rental contract.These rental rates also offer the option of reducing the deductible of the vehicle’s own comprehensive insurance as a percentage in the event of damage or, in the event of damage, DRIVAR® will pay the difference between the actual deductible of the underlying comprehensive vehicle insurance of the rental company and the resulting percentage deductible (Standard: 0% of the deductible / Premium: 25% deductible / Luxury: 50% deductible, whereby the percentage values indicated show the maximum difference paid by DRIVAR®).
In the event of damage and the claiming of a reduction in the excess, the user undertakes to provide DRIVAR® immediately upon request with all information and documents necessary for the verification of the facts, in particular proof of the vehicle’s official self-drive rental insurance, a damage report from the vehicle return and a cost estimate / repair invoice for the damage incurred. If the user does not meet this obligation or does not meet it in full, DRIVAR® shall be entitled to refuse to pay the difference to the vehicle excess. DRIVAR® itself explicitly does not sell insurance.
4.8 A deposit must be paid as security for the vehicle during the rental period. The amount of the deposit is shown in the vehicle advertisement.

5 Use of personal data by users Contact data of others contained in the DRIVAR® service or of which the user otherwise becomes aware in the course of using the service may only be used by the respective contracting parties for the purpose of processing concluded rental/loan agreements. In particular, it is prohibited to use such data for advertising purposes and to send unsolicited e-mail, fax or postal advertising to the person concerned or to contact him/her unsolicited by telephone.

6 Use of personal data by DRIVAR® DRIVAR® may use users’ contact data which is collected in the DRIVAR® service or of which DRIVAR® becomes aware in the course of using the service both for the purpose of processing rental/lease agreements and to send the user e-mail, fax or postal advertising or to contact the user by telephone.

7 Termination
7.1 The User may terminate this User Agreement at any time. A corresponding declaration in text form to the contact details specified in clause 4 shall suffice for termination.
7.2 DRIVAR® may terminate the User Agreement at any time by giving two weeks’ notice. Notice period of two weeks. The right to extraordinary termination remains unaffected by this.

8 Liability
8.1 DRIVAR® shall be liable for damages suffered by users in accordance with the statutory provisions if the damages were caused intentionally or by gross negligence, if they are the result of the non-existence of a guaranteed quality of the service, if they are based on a culpable breach of material contractual obligations (see paragraph 2), if they are the result of culpable injury to health, body or life, or if liability is provided for under the Product Liability Act.
8.2 Essential contractual obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, and whose breach on the other hand jeopardizes the achievement of the purpose of the contract.
8.3 In all other respects, both our liability and that of our vicarious agents is excluded, irrespective of the legal grounds.

9 Indemnification
9.1 The user shall indemnify DRIVAR® against all claims asserted by third parties against DRIVAR® on account of content posted. The indemnification shall include in particular the costs of any necessary legal defense.
9.2 In the event of a claim being made against DRIVAR®, the user shall be obliged to provide DRIVAR® immediately, truthfully and completely with all information that DRIVAR® requires for the examination of the claims and the defense.

10 Prohibition of offsetting
The user shall not be entitled to set-off unless the counterclaims have been legally established or are not disputed by DRIVAR®.

11 Place of jurisdiction/applicable law
11.1 If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Magdeburg.
11.2 The contract shall be governed exclusively by the law of the Federal Republic of Germany.

12 Amendments to the General Terms of Use
12.1 DRIVAR® has the right to amend the General Terms of Use to include provisions for the use of any newly introduced additional functions. The planned changes to the Terms of Use shall be notified to the user by e-mail to the e-mail address provided by the user at least four weeks before the planned entry into force. The user shall be deemed to have consented to the amendment of the Terms of Use if he does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, beginning on the day following the announcement of the amendment.
DRIVAR® undertakes to point out separately in the notice of change the possibility of objection, the deadline for objection, the text form requirement and the significance or consequences of failing to object.
12.2 If the user objects to the amendment to the terms of use in due form and time, the contractual relationship shall continue under the previous conditions. In this case, DRIVAR® reserves the right to terminate the contractual relationship.
12.3 The Terms of Use may be amended at any time with the express consent of the user.

13 Miscellaneous
13.1 The contractual relationship between the contracting parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions.
13.2 In the event of the invalidity or partial invalidity of one of the provisions of these Terms of Use, this shall not affect the validity of the remaining provisions.
An invalid or partially invalid provision shall be replaced by a provision that comes closest to the original provision from an economic point of view.

Special terms and conditions for the purchase of vouchers

1 Contractual partners
Only persons who have reached the age of 18 are entitled to make purchases in our online voucher portal.
The contract is concluded between you as the buyer and DRIVAR® (Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg) as the seller.

2 Conclusion of the contract, contract languages
The products (vouchers) presented in our online voucher portal are merely to be understood as an invitation to order. They do not constitute a binding offer. By placing your order by clicking on the “Buy now” button, you submit a binding offer to conclude a purchase contract for the selected voucher(s). You will then immediately receive a confirmation of receipt of your order to the e-mail address you have provided.
The vendor accepts your order by providing you with the ordered voucher for downloading and printing (Print@home) by email or by post to the DRIVAR 6 address you have provided. In the latter case, the seller is not liable for any delays in the delivery of the voucher by post.
The purchase contract can be concluded in the following languages: German and English. You can correct input errors during the ordering process by pressing the “Back” button and then re-entering your details.

3 Right of revocation
In the event that you have purchased the voucher as a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must contact us, DRIVAR® (Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg, Germany), EMail: info@drivar.de, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
It is not possible to cancel your order for so-called customer-specific goods (in accordance with Section 312g (2) No. 1 BGB), which may include, among other things:

Individual vouchers that have been specially created for your needs and are not available on the online portal
individual gift boxes that contain additional services requested by you in addition to the actual voucher

4. Payment methods
You can pay the purchase price for the voucher by credit card, PayPal or bank transfer.

5 Redemption of the vouchers
The voucher is only valid to the extent of the content described and for the vehicle described. Vouchers can only be redeemed subject to vehicle availability; the rental company may allow exceptions for an additional charge. When redeeming day vouchers at weekends (Friday to Monday), additional costs may be incurred; redemption during the week is free of charge. If available, the vehicle can be collected from the specified location or delivered to a desired address for an additional charge. There is no entitlement to redemption at a specific location. There is also no entitlement to redemption on a specific date. Should a vehicle is not available on an agreed date due to a technical defect or other unforeseeable reasons, the voucher can be redeemed either with an equivalent vehicle of a similar type or on a new date to be agreed. When redeeming the voucher, the original voucher as well as a valid identity card and driver’s license of the driver must be presented. It is not possible to exchange or pay out – even partially – the voucher or any remaining balance. Combination with other vouchers and/or discounts is excluded.
Upon redemption, a rental contract is concluded between the voucher holder and the selected rental company, which is based on the general terms and conditions of the respective rental company. Unless otherwise stated on the voucher, the economy rate is the selected rental rate.

Special terms and conditions for the use of DRIVAR® by vehicle providers
Valid from 01.01.2025

1 Scope of application
1.1 The following special terms and conditions contain the additional rules for the use of the online services of
Mobility Marketing Operations GmbH, Ölweide 12, 39114 Magdeburg, represented by Managing Director Phillipp Müller, by vehicle providers (hereinafter: “Special Terms and Conditions”).
They apply to all, including future, legal transactions and actions similar to legal transactions between the vehicle provider and DRIVAR®. Terms and conditions of the vehicle provider that deviate from these Vehicle Provider that deviate from these Terms and Conditions shall not apply.
1.3 If the following Special Terms and Conditions contain provisions that deviate from the General Terms and Conditions of Use that apply to all users, the Special Terms and Conditions shall take precedence over the General Terms and Conditions of Use.

2 Content of the service, registration
2.1 Registration is required to use the Service as a vehicle provider. This registration is free of charge. In return, commercial providers only undertake to place the DRIVAR® logo including a link to “www.drivar.de” on their homepage.
2.2 However, depending on the contract model, costs arise for the vehicle provider either when listing vehicles and for additional services in this regard, when interested lessees/renters make contact or when a DRIVAR 8 rental/loan agreement is concluded with a lessee/renter. When concluding a contract with DRIVAR®, the vehicle provider may make use of the assistance of a sales advisor. In this case, a one-off handling fee will be charged, which will be agreed individually.
2.3 Registration as a vehicle provider is generally only permitted for commercial purposes; registration as a consumer is excluded. The only exception to this is the commission model described in section 4.1, which also allows consumers to register as vehicle providers.
2.4 By submitting the registration form, a corresponding email or accepting a brokered rental customer, the Vehicle Provider submits an offer to conclude a User Agreement with DRIVAR®, agrees to the General Terms and Conditions of Use and the Special Terms and Conditions for Vehicle Providers and assures that it is not excluded from using the Service in accordance with Section 2.2 of these Terms and Conditions or Section 3.2 of the General Terms and Conditions of Use. With regard to registration as a Vehicle Provider, the provisions of sections 3.2, 3.3, 3.5 and 3.7 of the General Terms of Use shall apply accordingly.
2.5 The provision of the contractual services and the execution of the rental/loan agreement concluded shall be the responsibility of the contracting parties. DRIVAR® shall only collect the rent on behalf of the vehicle provider if this has been expressly agreed in writing with the vehicle provider.

3 Conclusion of rental/loan agreements (Section 5 of the General Terms and Conditions of Use)
3.1 If a Hirer/Loaner submits an inquiry using the contact form, the contact details provided will not initially be displayed to the Vehicle Provider.
3.2 The request will only be transmitted to the Vehicle Provider in the form of a confirmed booking for the rental/loan of the vehicle after the vehicle availability has been checked.

4 Contract models
4.1 DRIVAR® offers various contract models.
4.2 The prices are based on the current DRIVAR® price list, unless a different price has been agreed individually.
4.3 In the case of the commission model, the following provision shall apply to lessees/renters who are identified as having come via DRIVAR®: The vehicle provider is obliged vis-à-vis DRIVAR® to notify the real sales value of the booking after conclusion of the rental/loan agreement. DRIVAR® will then issue the corresponding commission invoice, which currently corresponds to 25% of the gross turnover brokered by.

5 Supplementary services
5.1 In addition to the contract models, the vehicle provider can conclude supplementary contracts for additional services (e.g. for preferred positioning, advertising banners, highlighted images, DRIVAR 9 editorial content, etc.). Additional services can be booked either directly via the corresponding function on DRIVAR® or via the vehicle provider’s personal contact person and are then activated.
5.2 The additional contracts shall be extended by the original term, but by a maximum of 12 months, if they are not terminated by one of the parties within one month before the end of the term – with the exception of additional contracts with a fixed end date. The right to extraordinary termination for good cause remains unaffected by this.

6 Price increases
6.1 DRIVAR® shall be entitled to increase prices if the producer price index for advertising space (currently based on 2010 = 100), published by the Federal Statistical Office, has changed upwards compared to the level at the beginning of the contractual relationship or compared to the level at the last index-related adjustment of prices. The average of the previous four calendar quarters is decisive. The adjustment shall be made at the end of the contract term by DRIVAR® notifying the customer of the new prices at least four months before the end of the contract term.
6.2 If the price index referred to in clause 6.1 is no longer continued and published, DRIVAR® shall, at its reasonable discretion, from this point in time, use the price index determined and published by the Federal Statistical Office or the competent authority at that time which comes closest to the economic approach of the discontinued price index.
6.3 The Vehicle Provider may terminate the contract at the end of the contract term after notification of the price increase in accordance with clause 6.1. If the Vehicle Provider does not terminate the contract, the contract term shall be extended in accordance with clause 4.2; the prices notified by DRIVAR® shall then apply from the date of extension.
6.4 A price increase in accordance with this clause 6 is excluded in the case of claims for remuneration in accordance with the commission model.

Right of revocation for consumers
If the vehicle provider is a consumer, i.e. a natural person who concludes the contract for a purpose that cannot be predominantly attributed to their commercial or independent professional activity (Section 13 BGB), they have a statutory right of withdrawal in accordance with the following provisions:
Cancellation policy

Right of revocation
You have the right to withdraw from this contract at within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Mobility Marketing Operations GmbH , Ölweide 12, 39114 Magdeburg, e-mail: info (at) drivar.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Special information
Your right of revocation expires prematurely if we have provided the service owed in full and have only begun to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.

8 Termination
8.1 Clause 6.1 of the General Terms and Conditions shall not apply.
The terms and termination options listed in clause 5.2 apply to the various contract models, unless otherwise agreed in individual cases.

8.2 Each party shall be entitled to terminate this contract extraordinarily with immediate effect for good cause. Good cause entitling DRIVAR® to terminate the contract shall be deemed to exist in particular if:

if Prohibited Rental Items (Section 11.1) are offered for rental/lending,
if prohibited information (clause 13) is provided in the vehicle description,
in the event of circumvention in accordance with clause 11,
if the vehicle provider violates these Special Terms and Conditions,
if DRIVAR® has reasonable grounds to suspect that the vehicle provider is in breach of these Special Terms and Conditions, or
if the Vehicle Provider fails to provide evidence requested by DRIVAR® in accordance with clause 11.5 within 2 weeks of receipt of a corresponding request.

8.3 As an alternative to extraordinary termination, DRIVAR® shall be entitled to delete the vehicle offers and to block the user account completely or temporarily.
8.4 Upon termination of the contract, the relevant vehicle offers shall be deleted by DRIVAR®

9. Billing
9.1 DRIVAR® shall send invoices by e-mail to the contact details provided by the vehicle provider. The invoice shall be deemed to have been received on the day the invoice e-mail is sent. The Vehicle Provider shall be in default of payment without a reminder 7 days after receipt if it has not paid the invoice within this period.
9.2 The Vehicle Provider has the option of issuing DRIVAR® with a SEPA basic mandate / SEPA company mandate. The direct debit shall be collected 3 days after the invoice date.
The period for pre-notification shall be reduced to 5 days. The vehicle provider must ensure that the account always has the required funds. If this is not the case or if the direct debit by DRIVAR® fails for any other reason, the Vehicle Provider shall bear the costs of the return debit in the amount of at least EUR 25.00 per failed attempt. The Vehicle Provider shall be at liberty to provide evidence of lower damages. DRIVAR® reserves the right to provide evidence of higher damages.
9.3 If the Vehicle Provider is in arrears with the payment of the commission or the agreed remuneration for the additional service, DRIVAR® may withhold the services owed by it (including any additional services pursuant to clause 5), block the user account and/or terminate the contractual relationship extraordinarily if it gives the Vehicle Provider one week’s notice and the Vehicle Provider does not make the payments owed by it in full within this period. In such a case, DRIVAR® shall be entitled to conclude new contracts for these
additional services with third parties. If the vehicle provider makes the payments owed to it later, DRIVAR® shall be entitled to provide the service owed by it only after the expiry of such contracts with third parties.
Further rights of DRIVAR® shall remain unaffected.

10 Indemnification
10.1 The Vehicle Provider shall indemnify DRIVAR® against all claims asserted by third parties against DRIVAR® on account of offers or content posted, including reviews submitted by the Vehicle Provider, or on account of the unauthorized offering or rental/lending of a legally protected object.
The indemnification shall include in particular the costs of any necessary legal defense.
10.2 In the event of a claim being made against DRIVAR®, the vehicle provider is obliged to provide DRIVAR® immediately, truthfully and completely with all information that DRIVAR® requires for the examination of the claims and the defense.

11 Posting of vehicle offers, details
11.1 The Vehicle Provider has the option of having individual rental items placed in the Service and offering them for rent/loan via the Service. The offers posted can be booked both via the “www.drivar.de” service and in whole or in part via partner portals which DRIVAR® operates in cooperation with other Internet providers and in which the service is integrated in whole or in part.
11.2 The Vehicle Provider is obliged to place the rental object offered by it in a suitable category, to describe it correctly and completely, and to truthfully state all rental conditions and characteristics and features of the rental object that are essential for the rental decision. The vehicle provider must comply with the provisions of the law against unfair competition. The information about the rental object must not be misleading, it must not concern matters that are taken for granted and it must not give the impression that the competition is using unfair means.
11.3 If the Vehicle Provider also accepts consumers, i.e. natural persons who conclude the contract for a purpose that cannot be attributed primarily to their commercial or independent professional activity (Section 13 BGB), as lessees/borrowers, the price stated in the offer must be stated as the final price including VAT and other price components, stating the reference period for which this price applies.
11.4 The vehicle provider is obliged to provide all information required by the statutory provisions for distance selling contracts in the prescribed form and at the prescribed time, in particular to disclose his identity, provide his summonable address and, if applicable, refer to the statutory right of withdrawal. This information must be provided at the latest when responding to the request.
11.5 If the Vehicle Provider describes the rental item offered by it in more detail using images, it warrants by uploading/sending the images that no third-party rights, in particular third-party copyrights or personal rights, are infringed by their use as part of the Service. Photos must depict the vehicle itself. The depiction of brand or company names of the vehicle provider and official license plates is expressly prohibited. DRIVAR® shall be entitled to demand proof in a suitable form.
11.6 The Vehicle Supplier shall be obliged to remove or have removed from the Service any vehicle offers posted by it without delay if they are no longer offered for rental/rental.
11.7 The Vehicle Provider is also obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. In the event of a change to the stored data, the Vehicle Provider must update its details in its user account without delay or – if this is not possible – notify DRIVAR® of the changes without delay.
11.8 If vehicles or services are offered in the Service specifically for certain regions, the Vehicle Provider may only charge such travel or travel costs for Hirers/Loaners within these regions that are shown as a flat rate in the final price.

12 Acts of circumvention, contractual penalty
12.1 If, according to the selected contract model, a commission claim arises in favor of DRIVAR® through the conclusion of a rental/loan contract, it is prohibited to conclude rental/loan contracts by circumventing the service. DRIVAR® reserves the right to check the vehicle provider’s compliance with the ban on circumvention by making anonymous calls or otherwise obtaining information.
12.2 If the vehicle provider receives an inquiry from a renter/loaner about a specific offer on DRIVAR® which leads to the conclusion of a rental/loan contract and, according to the selected contract model (commission model), the conclusion of the contract results in a claim for remuneration in favor of DRIVAR®, the vehicle provider is obliged to inform DRIVAR® of this conclusion of contract and its value in accordance with clause 4.3 and to pay the commission due to DRIVAR®. This shall also apply to any subsequent remuneration arising in connection with the concluded contract, in particular additional kilometers driven by the user.
12.3 If the vehicle provider fails to inform DRIVAR® of the conclusion of a rental/loan agreement in accordance with clause 12.2, it shall be obliged to pay DRIVAR® a reasonable contractual penalty amounting to twice the amount of the commission lost as a result, but at least €500.00.

13 Prohibited vehicle offers
13.1 It is prohibited to list and offer vehicles on the Service

the rental of which is punishable or illegal
whose rental, making available or advertising infringes third-party property rights (in particular copyrights and ancillary copyrights, trademark rights, patent rights, utility model or design rights) or other third-party rights (see also Section 11)
which are marked with symbols of unconstitutional organizations

13.2 DRIVAR® reserves the right to remove offers that violate these Special Terms and Conditions or applicable law without giving reasons and without prior warning.

14 Exclusion of vehicle offers DRIVAR® reserves the right to exclude
vehicle offers from the service that do not meet the minimum criteria prescribed by DRIVAR®, in particular with regard to vehicle type and rated power.

15 Prohibited information
15.1 The description of the rental item provided by the Vehicle Provider, including the uploaded images and documents, may not contain any advertising for products other than the rental item offered, unless the express consent of
DRIVAR® has been obtained.
15.2 The inclusion of links to third-party websites or websites operated by the vehicle provider is only permitted with the express consent of DRIVAR®.
15.3 The naming of the vehicle provider’s contact details within the description of the rental item, including the brief description and the title, is not permitted.

16 Deviating agreements Any agreements deviating from these Terms of Use
shall be confirmed immediately in text form by both parties for evidentiary purposes. The same shall also apply to the agreement of prices that deviate from the price list. Clause 6 remains unaffected.

17 Data exchange with credit agencies
In order to protect against bad debts and the risk of improper use of services by third parties, DRIVAR® is entitled to transmit personal contract data and information on non-contractual processing to Schufa Holding AG (Schutzgemeinschaft für allgemeine Kreditsicherung) and to obtain corresponding information from there. The user (vehicle provider) agrees that DRIVAR® may transmit this information to the SCHUFA company responsible for his place of residence. Irrespective of this, DRIVAR® will also report data to SCHUFA due to non-contractual processing. According to the Federal Data Protection Act, these reports may only be made insofar as this is necessary to safeguard the legitimate interests of the companies of a contractual partner of SCHUFA or the general public and the interests of the user worthy of protection are not impaired as a result. SCHUFA stores the data in order to be able to provide its affiliated credit institutions, credit card companies, leasing companies, retail companies including mail order companies and other companies that grant commercial loans to consumers with information to assess the creditworthiness of users. Address data may be transmitted to companies that collect receivables on a commercial basis and are contractually affiliated with SCHUFA for the purpose of determining debtors.

SCHUFA only makes the data available to its contractual partners if they can credibly demonstrate a legitimate interest in the data transfer.

General Terms of Use for the use of DRIVAR®
Valid from 01.01.2023

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Mobility Marketing Operations GmbH. The Mobility Marketing Operations GmbH website can generally be used without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Mobility Marketing Operations GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy. As the controller, the Mobility Marketing Operations GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website.Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed.For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1 Definitions
The data protection declaration of Mobility Marketing Operations GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR).Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance. We use the following terms, among others, in this privacy policy:

a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
b) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
c) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
d) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
e) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
f) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
g) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
h) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
i) Third Person
Third person is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
j) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2 The name and address of the controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Mobility Marketing Operations GmbH
An der Ölmühle 8 39114 Magdeburg Germany
Phone: +49(0) 1590 13 66 437
E-mail: info@drivar.de
Website: https://www.drivar.de

2. Cookies
The websites of Mobility Marketing Operations GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a
string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies.
A particular internet browser can be recognized and identified via the unique cookie ID. By using cookies, Mobility Marketing Operations GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies. A cookie can be used to optimise the information and offers on our website in the interests
of the user. As mentioned above, cookies allow us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their login details each time they visit the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie. The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

3. Collection of general data and information
The website of Mobility Marketing Operations GmbH collects a series of general data and information every time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server.
The
following types and versions may be recorded: (1) browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches our website (so-called referrers),
(4) the sub-websites which are accessed via an accessing system on our website,
(5) the date and time of access to the website. website,
(6) an Internet Protocol (IP) address,
(7) the Internet service provider of the accessing system, and
(8) other similar data and information used to prevent threats in the event of attacks on our information technology systems.

When using this general data and information, Mobility Marketing Operations
GmbH does not draw any conclusions about the data subject. Rather, this information
is required in order to
(1) deliver the content of our website correctly,
(2) optimise the content of our website and the advertising for it,
(3) ensure the long-term functionality of our information technology systems and the technology of our website, and
(4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Mobility Marketing Operations GmbH on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website
The data subject has the option of registering on the website of the controller by providing personal data. The personal data that is transmitted to the controller can be found in the respective input mask used for registration. The personal data entered by the data subject will be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service provider, who will also
use the personal data exclusively for internal use attributable to the controller. By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) to the data subject, the date
and time of registration is also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to solve crimes that have been committed.
In this respect, the storage of this data is necessary to protect the controller. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or if the disclosure serves the purpose of criminal prosecution. The purpose of the Data
Controller’s registration with the voluntary provision of personal data is to offer the Data Subject content or services that, due to the nature of the matter, can only be offered to registered Users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data of the controller. The
controller shall provide each data subject with information on what personal data about the data subject is stored at any time upon request. Furthermore, the controller corrects or deletes personal data at the request or notification of the data subject, provided that this does not conflict with statutory retention obligations. All
the employees of the controller are available to the data subject as contact persons in this context.

6. Abonnement unseres Newsletters
Auf der Internetseite der Mobility Marketing Operations GmbH wird den Benutzern die Möglichkeit eingeräumt, den Newsletter unseres Unternehmens zu abonnieren. Welche personenbezogenen Daten bei der Bestellung des Newsletters an den für die Verarbeitung Verantwortlichen übermittelt werden, ergibt sich aus der hierzu verwendeten Eingabemaske. Die Mobility Marketing Operations GmbH informiert ihre Kunden und Geschäftspartner in regelmäßigen Abständen im Wege eines Newsletters über Angebote des Unternehmens. Der Newsletter unseres Unternehmens kann von der betroffenen Person grundsätzlich nur dann empfangen werden, wenn

(1) the data subject has a valid e-mail address and
(2) the data subject registers to receive the newsletter. For legal reasons, a confirmation e-mail is sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the data subject has authorized the receipt of the newsletter. When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject’s e-mail address at a later date and therefore serves as legal protection for the controller.
the controller responsible for processing. The personal data collected when registering for the newsletter is used exclusively to send our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or a registration in this regard, as could be the case in the event of changes to the newsletter offer or in the event of a change in technical circumstances. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent.
It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to inform the controller of this in another way.

7 Newsletter tracking
The Mobility Marketing Operations GmbH newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the Mobility Marketing Operations GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects. Such tracking pixels contained in the newsletters
pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, this personal data will be deleted by the controller.
The Mobility Marketing Operations GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8 Contact possibility via the website
The website of the Mobility Marketing Operations GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third persons.

9 Subscription to comments in the blog on the website
The comments made in the blog of the Mobility Marketing Operations GmbH may be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to the comments following their comment on a particular blog post. If a data subject chooses the option to subscribe to comments, the data controller sends an automatic confirmation email to check in the double opt-in procedure whether the owner of the specified email address has actually opted for this option. The option to subscribe to comments can be terminated at any time.

10 Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the purpose of storage ceases to apply or if a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

11 Rights of the data subject

12 a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.
personal data are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain information free of charge at any time from the controller about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of processing
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
if the personal data are not collected from the data subject:

All available information about the origin of the data:

the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
The personal data was processed unlawfully.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Mobility Marketing Operations GmbH, he or she may, at any time, contact any employee of the controller. An employee of Mobility Marketing Operations GmbH shall promptly ensure that the erasure request is complied with immediately. If the personal data has been made public by Mobility Marketing Operations GmbH and our company is obliged to delete the personal data in accordance with Art. 17 para. 1 GDPR, Mobility Marketing Operations GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. An employees of the Mobility Marketing Operations GmbH will arrange the necessary measures in individual cases.

e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The data controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh those of the data subject. If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Mobility Marketing Operations GmbH, he or she can contact an employee of the controller at any time. The employee of Mobility Marketing Operations GmbH will arrange for the processing to be restricted.

f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format.
He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Mobility Marketing Operations GmbH.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions. The Mobility Marketing Operations GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims. If the Mobility Marketing Operations GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing.This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the Mobility Marketing Operations GmbH to the processing for direct marketing purposes, the Mobility Marketing Operations GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Mobility Marketing Operations GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Mobility Marketing Operations GmbH.In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated decisions in individual cases including profiling
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision

(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
(3) with the express consent of the data subject.
If the decision
(1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
(2) it is based on the data subject’s explicit consent, Mobility Marketing Operations GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law Any person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

12 Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
legal regulations. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

13 Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DRIVAR 28 GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

14. Legitimate interests in the processing pursued by the controller or a third party If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

14. Duration for which the personal data is stored The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of a contract.

15 legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us.For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of
personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

16. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling. This privacy policy has been prepared by the data protection policy generator GDPR of the German Society for Data Protection, which in cooperation with RC GmbH, recycles the used IT and provides the law firm Media Law Lawyers of WILDE BEUGER SOLMECKE | lawyers.