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Privacy policy when using ZeKju

We appreciate your interest in using ZeKju. The protection of your personal data is very important to us. In the following, we inform you about the handling of your data that is collected through your use of ZeKju. Your data is processed in accordance with the legal regulations on data protection.

The responsible party within the meaning of the General Data Protection Regulation (GDPR; German: DSGVO) and other national data protection laws as well as other data protection provisions is:

ZeKju GmbH (hereinafter “we”/”us”)

Luitpoldstrasse 32

86157 Augsburg, Germany

Represented by: Dr. Hendrik Rosenboom

E-mail: info@zekju.com

  1. Data processing

We collect and process your data exclusively for defined and unambiguous purposes, which result from your consent (Art. 6 para. 1 lit. a DSGVO) or contractual requirements (Art. 6 para. 1 lit. b DSGVO).

In order to fulfill a transport order, we require personal data from you. We use this data for the purpose of communication during the transport execution.

  1. Data sharing and recipients

For the processing of our services, we also use external service providers that we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly monitored by us. Where necessary, we have concluded order processing contracts with the external service providers in accordance with Art. 28 DSGVO.

No transfer to third countries outside the EU/EEA or to an international organization takes place unless appropriate safeguards are in place, including the EU standard contractual clauses and an adequacy decision by the EU Commission.

  1. Duration of data storage

We only store your data for as long as is necessary for the fulfillment of the purpose or as provided by law. For example, in the context of a contractual relationship, we store your data at least until the order (driver)/contract (dispatcher) is completely finished. After that, the data is stored for the duration of the statutory retention periods.

  1. Data subject rights

If we process your personal data, you are a data subject according to Art. 4 No. 1 DSGVO with the following rights towards us:

4.1 Information

In accordance with Art. 15 DSGVO, you can request confirmation from us as to whether personal data relating to you is being processed by us. If we are processing your personal data, you can request information from us about the following:

  • the purposes of processing;

  • the categories of your personal data that we process;

  • the recipients or categories of recipients to whom we have disclosed or will disclose your personal data;

  • (if possible) the planned duration for which we will store your personal data or, if this is not possible, the criteria for determining the storage period;

  • the existence of a right to rectify or erase personal data concerning you, a right to restrict processing by us or a right to object to such processing;

  • the existence of a right of appeal to a supervisory authority;

  • any available information about the origin of the data, if the personal data was not collected from you;

  • the existence of automated decision-making including profiling (Article 22(1) and (4) of the DSGVO) and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for you.

    You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the DSGVO in connection with the transfer.

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4.2 Right to rectification

In accordance with Art. 16 DSGVO, you have the right to demand that we correct and/or complete your incorrect personal data.

4.3 Right to deletion

In accordance with Art. 17 DSGVO, you can demand that we delete your personal data without delay. We are obliged to delete your data without delay if one of the following reasons applies:

  • Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.

  • You revoke your consent on which we base the processing pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.

  • You object to the processing pursuant to Article 21(1) of the DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the DSGVO.

  • Your personal data have been processed unlawfully.

  • The deletion of your personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.

  • Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

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

The right to erasure does not exist insofar as the processing is necessary to

  • to exercise the right to freedom of expression and information;

  • to fulfill a legal obligation to which we are subject or to perform a task in the public interest or in the exercise of official authority vested in us;

  • for reasons of public interest in the area of public health (Art. 9(2)(h) and (i) and Art. 9(3) DSGVO);

  • for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the aforementioned right is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

  • for the assertion, exercise or defense of legal claims.

4.4 Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of your personal data in accordance with Art. 18 DSGVO:

  • if you dispute the accuracy of your personal data for a period of time that allows us to verify the accuracy of the personal data;

  • if the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

  • if we no longer need your personal data for the purposes of processing, but you need it for the assertion, exercise or defense of legal claims, or

  • if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether our legitimate grounds override your grounds.

If the processing of your personal data has been restricted, this data – apart from its storage – may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by us before the restriction is lifted.

4.5 Right to information

If you have asserted the right to rectification, erasure or restriction of processing against us, we are obliged pursuant to Art. 19 DSGVO to inform all recipients to whom your personal data has been disclosed by us of this circumstance, unless this proves impossible or involves a disproportionate effort. You have the right against us to be informed of these recipients.

4.6 Right to data portability

In accordance with Art. 20 DSGVO, you have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us, provided that

  • the processing is based on consent (Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. DSGVO) or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

  • the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to obtain that your personal data be transferred directly from us to another controller, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected thereby. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

4.7 Right of objection

In accordance with Art. 21 DSGVO, you have the right to object at any time to the processing of your personal data based on Art. 6(1)(e) or (f) DSGVO for reasons arising from your particular situation; this also applies to profiling based on these provisions. We will not subsequently process your personal data further unless we can demonstrate compelling legitimate grounds for our processing that override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

4.8 Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

4.9 Automated decision in individual cases including profiling

In accordance with Article 22 of the DSVGO, 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. This does not apply if the decision is

  • is necessary for the conclusion or fulfillment of a contract between you and us,

  • is permitted by legislation of the Union or the Member States to which we are subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

  • is done with your express consent.

4.10 Right to complain

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data carried out by us infringes the DSGVO.

Competent supervision for us is:

Bavarian State Office for Data Protection Supervision

PO Box 1239

91504 Ansbach

E-mail: poststelle@lda.bayern.de

5. Automated decision making

Automated decision making or profiling according to Art. 22 DSGVO does not take place.

  1. ZeKju registration

In order to create a customer account on ZeKju, the following mandatory information is collected from the dispatcher:

First name, last name, company, company address, email address, phone number, preferred language, VAT number (if any), company registration number.

No personal account can be created without providing this data.

We use this data for the processing of your registration and for the associated services.

After you have set up your profile, you can add additional information. This information is voluntary.

The dispatcher can store data about the driver, which are the following: first name, last name, company, company address, phone number, preferred language

  1. Use of private messenger services

We offer you (driver) the possibility to communicate with your customer/employer about your order via private messenger services (WhatsApp, Viber and Telegram) if you have installed them on your mobile device. By doing so, you have agreed to the terms and conditions of the respective service, over which we have no influence. As a rule, the terms and conditions include access to phone numbers and contacts stored on the mobile device. By using the messenger service, we do not gain access to this data.

We would like to point out that the use of messenger services in connection with your client/employer and your order is intended exclusively for the purpose of the communication required in this connection. The transmission of private data is not permitted.

Please note that messenger services have different privacy standards than ZeKju. You can view the privacy policies of these providers here:

WhatsApp: https://www.whatsapp.com/legal/#privacy-policy

Viber: https://www.viber.com/de/terms/viber-privacy-policy/#contact-us

Telegram:  https://telegram.org/privacy

We have no influence on the data protection regulations and settings of the messenger services, in particular with regard to the processing and use or transfer of your data to third parties in countries outside the European Union where an adequate level of data protection cannot be guaranteed. However, we handle your data with the utmost sensitivity within the scope of our possibilities. We are not liable for any damage caused by the use of these messenger services.

We only process your telephone number, your name and other data provided by you and the content of your message to enable you to communicate with your client/employer regarding your order.

The basis for this processing and the transmission to the messenger service in this context is your consent (Art. 6 para. 1 lit. a DSGVO). You have the right to revoke your consent at any time by sending us a message with “STOP”. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Of course, you can also use our services via other chat services to communicate with your client/employer about your order.

You can find more information about data protection when using private messenger services here: Link to information on data protection when using (depending on the service :WhatsApp/Viber/Telegram

  1. Use of ZeKju (driver)

We offer you (driver) the possibility to communicate your location to your client/employer about your order. You can suspend the transmission of the location at any time.

Furthermore, you have the possibility to transmit your status (loaded, on the way or unloaded) to your client/employer.

The basis for this processing and the transmission to the client/employer is your consent (Art. 6 para. 1 lit. a DSGVO).

9. Contact

If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, as well as revocation of consents granted or objection to a particular use of data, please contact the above address or the e-mail address info@zekju.com

10. Adaptation of the privacy policy

Due to the further development of our services or the implementation of new technologies, it may become necessary to change this privacy policy. We therefore reserve the right to change the privacy policy at any time with effect for the future.

Information on data protection when using Telegram

ZeKju offers you the possibility to communicate with your client/employer about your order via the chat service Telegram. The operator of this service is {please add address} Through this communication, both Zekju as the service provider of your client/employer and Telegram receive your phone number and the information that you are using Zekju.

For more information about the purpose and scope of data collection and further processing of this data by Telegram, as well as related rights and settings options for protecting your privacy, please refer to Telegram’s privacy policy at: https://telegram.org/privacy.

ZeKju processes your telephone number, your name as well as other data provided by you and the content of your message in order to enable you to communicate with your client/employer regarding your order.

The basis for this processing and the transmission to Telegram in this context is your consent (Art. 6 para. 1 lit. a DSGVO). You have the right to revoke your consent at any time by sending a message with “STOP” to ZeKju. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Of course, you can also use ZeKju via other chat services to communicate with your client/employer about your order.

If you have any questions regarding data protection, please contact info@zekju.com.