Privacy policy

Data protection notice Skywell Europe GmbH

This data protection notice (“Notice”) is designed to inform you on how Skywell Europe GmbH (“we”, “us”) processes your personal data in connection with the use of our website (Section A).
In addition, we inform you about retention periods regarding your personal data and your rights as a data subject, including but not limited to your right to object at any time to our processing of your personal data (Section B).

A. Processing of personal data when you use our website

1.Which personal data do we process and where do we get it from?

We process personal data provided by you in the following instances:

If you sign up for our newsletter;
If you provide us feedback or contact us via email; or
If you provide us your contact details in order to receive further informations.

When you visit our website, certain information is automatically collected, such as:

Log Files: We gather certain information automatically and store it in log files. This information includes IP addresses, browser type, internet service provider data, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information for the following purposes including analyzing trends, website administration, tracking users’ movements around the website and tailoring our services to our users’ needs. We do not link this automatically collected data to other personal data we have collected from you.
Cookies: Like many online services, we use cookies to collect information. You will find further information on how we use cookies in Section 4 (Cookie policy) below.

We collect the following personal data when you visit our website:

Contact information (e.g. title, gender, name, address, telephone number, e-mail-address);
IP address;
Time and date when you visit our website.

2.Purpose and legal basis of processing

We process your personal data in accordance with the purposes set out in this Notice. We only collect personal data we need to perform the specific processing activity for which we collected the respective personal data.

Please find below our information on the various purposes of the processing of your personal data, the legal basis of processing of your personal data and our legitimate interest (if applicable).

Purpose	Legal basis	Legitimate interest
Operation of our website	Legitimate interest	Our legitimate interest to run a website, in order to inform the public about our company and our products
Analysis of user behavior to monitor and improve our website; provision of a website tailored to the needs of the users; display of advertisements suitable for you	Legitimate interest	Our legitimate interest in knowing the way visitors use our website, the functionality of our website and in the improvement of our internet presence and our products
Technical requirements, fault analysis and maintenance of system security	Compliance with a legal obligation Legitimate interest	Our legitimate interest in a stable and error-free internet presence and the detection of unauthorized access attempts
Google maps usage	Consent
Provision of our e-mail newsletter	Consent
Providing answers to your questions, comments and complaints	Legitimate interest	Our legitimate interest in the maintenance of our customer relationship with you Our interest in answering your questions in order to satisfy you as a customer
Arrangement of test drives	Taking necessary steps at your request prior to entering into a contract
Pre-reservations of vehicles	Taking necessary steps at your request prior to entering into a contract
Disclosure within the framework of official/judicial measures for the purpose of gathering evidence, criminal prosecution and the enforcement or defence of legal claims	Compliance with a legal obligation Legitimate interest	Our interest in complying with legal and regulatory requirements Our interest in the assertion, exercise or defence of legal claims
Support of law enforcement agencies	Public interest

3.Transfers to third parties

Within Skywell Europe GmbH, we will transfer your personal data to the required departments in order to initiate contracts, fulfil our legal obligations and pursue our legitimate interests. Service providers employed by us and acting on our behalf (so-called order processors) may also receive your personal data for these purposes. We will only transfer your personal data to third parties if (i) this is necessary within the framework of an existing or imminent contractual relationship, (ii) we or the relevant third party has a legitimate interest justifying the transfer, or (iii) you have given consent. In addition, your personal data may be transferred to third parties if we are legally obliged to disclose your personal data.
We may transfer your personal data to the following third parties (if there is a legal basis according to Section 2):

Customer service providers (e.g. a call center) and distribution partners, in cases where you want to take a test drive or request other informations;
Service providers in the field of website analysis (e.g. provider for tracking services);
Hosting providers;
Advertising agencies;
Authorities (e.g. police, public prosecutor);
Courts; and
Social media partners (for advertising purposes, if you have given your consent).

We transfer (if there is a legal basis according to Section 2) your personal data to the following third countries (i.e. countries that are neither members of the European Union nor of the European Economic Area)

Switzerland (based on the adequacy decision by the Commission);
United States of America

4.Cookie policy

4.1 What are cookies?

Cookies are small pieces of information that a website sends to your computer’s hard drive while you are visiting the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. This type of information is collected to improve our overall customer experience and tailor your customer experience to meet your special interests and needs. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our website.

4.2 Which kind of cookies do we use?

We are using different types of cookies. Some cookies are mandatory for the operation of our website. We do not need your consent for using this type of cookies.
Other cookies serve statistical and analytical purposes and show us how you use our website and which of our offers you are interested in. Further cookies help us to personalize our website for you and to adapt advertising content to your user behaviour. For all these types of cookies we require your consent, which can be given when you visit our website.

4.2.1 Necessary cookies

These cookies enable core functionalities of our website. Without these cookies, we cannot provide the services you have asked for. This includes for example:

Loading of our website; or
Navigation on our website.

4.2.2 Cookies for statistical and analytical purposes

These cookies help us improve or optimise the experience we provide. They allow us to measure how visitors interact with our website and we use this information to improve the user experience and performance of our website. This includes for example:

Statistics regarding user behavior on our website;
Analysis regarding uses interaction with website content; or
Customizing our website to enhance the user experience.

4.2.3 Cookies for functional purposes

These cookies help us to enable various helpful features on our website. For example, these cookies collect information about your interaction with services provided on the website, and may be used on our website to remember your preferences, your interests and the presentation of the website. This includes for example:

Language settings.

4.2.4 Cookies for personalization and marketing purposes

These cookies help us to collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. This includes for example:

Presentation of advertising that matches the products you clicked on our website; or
Exclusion of advertising, for products that you have already bought.

4.3 Google Analytics

We are using Google Analytics to help analyse how users use our website. Google Analytics uses cookies to collect information e.g. how often users visit our website, what pages they visit, and what other websites they used prior to visiting our website. We use the information we get from Google Analytics only to improve our website and services. Google Analytics collects only the IP address assigned to you on the date you visit our website, rather than your name or other personally identifying information. We do not link the information generated through the use of Google Analytics to your other personal data. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user, the next time you visit our website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits on our website is restricted by the data processing agreement which we have concluded with Google.

Google Maps

We use Google Maps on our website to display interactive maps. We use this service to show you the location of the nearest partner store or to create directions to them.
If you use Google Maps via our website, Google will transmit information about your use of the Aiways website and your IP address to Google in the USA.
We are jointly responsible with Google for the data processed via the Google Maps plug-in and have concluded an agreement with Google in accordance with Art. 26 GDPR.
When using Google Maps, Aiways uses the so-called two-click solution. The Google Maps plug-in is not loaded automatically when you visit our website. You cannot use the Google Maps until you have clicked on the “Use Maps” button. Only then will information about your use of the Aiways website and your IP address be transmitted to Google.
Further information on the purpose and scope of data processing by Google when using Google Maps can be found in Google’s privacy policy.

B. General information (retention, data subjects rights, contact)

1. What is the retention period for my personal data?

We store your personal data as long as necessary to fulfil our contractual obligations arising from a potential contract with you (e.g. test drive), and if and to the extent we have a legitimate interest in further retention. Afterwards, your personal data will be erased, unless we still need it to assert legal claims or to defend us against legal claims.
In addition, statutory provisions may require us to store certain personal data for a longer period of time (e.g. Section 147 German Tax Code or Section 257 German Commercial Code). The periods of retention or documentation resulting from the aforementioned provisions may last up to ten years.
As the case may be, we may be required to store your personal data longer than that. (e.g. in case of an official order or a court order).

2.Your rights as a data subject regarding your personal data

You have the following rights. You can use the contact details set out in Section 3 below, in order to assert these rights:

Right of access: You have the right to get information and a copy regarding your personal data we have stored (Art. 15 GDPR).
Right to data portability: You have the right to request a copy of your personal data. Further you have the right to receive your personal data in a structured, common and machine-readable format. You can also request the transfer of your personal data to another controller (Art. 20 GDPR).
Right to rectification: You have the right to request rectification of your personal data that is inaccurate (Art. 16 GDPR).
Right to erasure: You have the right to request the erasure of your personal data under certain circumstances (Art. 17 GDPR).
Right to restriction of processing: You have the right to request the restriction of the processing of your personal data under certain circumstances (Art. 18 GDPR).
Right to object: You have the right to object to our processing of your personal data under certain circumstances (in particular if we do not need to process your personal data to comply with a contractual or legal obligation, or if we use your data for our direct marketing – Art. 21 GDPR).
Withdrawal of consent: You have the right to withdraw your consent in the processing of your personal data at any time. Please note that your withdrawal is only effective for the future. Our use of your personal data prior to your withdrawal is not affected.