Privacy Policy

This is a courtesy translation. Only the German version is legally binding.

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy set out below this text.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the section “Information about the controller” in this privacy policy.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.

Other data is collected by our IT systems automatically or, after your consent, when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour. Where contracts can be concluded or initiated via the website, the transmitted data is also processed for contract offers, orders or other order enquiries.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given consent to data processing, you may revoke this consent at any time with effect for the future. In addition, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You may contact us at any time regarding this and any other questions on the subject of data protection.

2. Hosting

We host the content of our website with the following provider:

External hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the host(s). This may include, in particular, IP addresses, contact requests, metadata and communication data, contract data, contact details, names, website access data and other data generated via a website.

External hosting is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6(1)(f) GDPR). Where corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil its/their service obligations and will follow our instructions with regard to this data.

We use the following host:

Vercel Inc.
340 S Lemon Ave #4133
Walnut, CA 91789
USA

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law which ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various items of personal data are collected. Personal data is data by which you can be personally identified. This privacy policy explains which data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Information about the controller

The controller responsible for data processing on this website is:

Curved Culture GmbH

Volbedingstraße 2
04357 Leipzig
Deutschland

Phone: +49 151 149 715 82
E-mail: artjom@curvedculture.com

The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or the like).

Storage period

Unless a more specific storage period has been stated within this privacy policy, your personal data will remain with us until the purpose of the data processing no longer applies. If you assert a justified request for erasure or revoke your consent to data processing, your data will be erased unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, erasure will take place once these reasons cease to apply.

General information on the legal bases for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR if special categories of data pursuant to Art. 9(1) GDPR are processed. In the case of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information in your terminal device (e.g. via device fingerprinting), data processing is additionally carried out on the basis of § 25(1) TDDDG. Consent may be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, we process your data if it is required for compliance with a legal obligation, on the basis of Art. 6(1)(c) GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6(1)(f) GDPR. Information on the legal bases relevant in each individual case is provided in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our business activities, we work with various external bodies. In some cases, this also requires the transfer of personal data to these external bodies. We only disclose personal data to external bodies if this is necessary for the performance of a contract, if we are legally obliged to do so (e.g. disclosure of data to tax authorities), if we have a legitimate interest pursuant to Art. 6(1)(f) GDPR in the disclosure, or if another legal basis permits the disclosure of data. When using processors, we only disclose our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You may revoke consent you have already given at any time. The lawfulness of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6(1)(e) OR (f) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place insofar as it is technically feasible.

Information, rectification and erasure

Within the framework of the applicable statutory provisions, you have the right at any time to information free of charge about your stored personal data, its origin and recipients and the purpose of the data processing and, where applicable, a right to rectification or erasure of this data. You may contact us at any time regarding this and any other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You may contact us about this at any time. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it for the exercise, defence or establishment of legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.
• If you have lodged an objection pursuant to Art. 21(1) GDPR, your interests and ours must be weighed against each other. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address bar of the browser changes from “http://” to “https://” and by the lock symbol in your browser bar.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Cookies

Our web pages use so-called “cookies”. Cookies are small data packets and do not cause any damage to your terminal device. They are stored on your terminal device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or they are automatically deleted by your web browser.

Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within web pages (e.g. cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies may be used to evaluate user behaviour or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions requested by you (e.g. for the shopping cart function) or to optimise the website (e.g. cookies for measuring the web audience) (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is stated. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Where consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG); consent may be revoked at any time.

You can configure your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

You can find out which cookies and services are used on this website in this privacy policy.

Consent management

Our website requests your consent to the storage of cookies and to the use of services requiring consent via its own cookie banner. No external service provider is used for this purpose. Your selection (statistics, marketing) is stored in a cookie (ac24_consent) and in your browser’s local storage (ab_consent) and requested again after approximately six months. Without your consent, no services requiring consent are loaded.

As proof of consent (Art. 7(1) GDPR), we store an anonymous record on our server for each decision: your selection, the time, the version of the consent, a random identifier and the page accessed. No IP address, browser identifier or contact details are stored in the process. The legal basis is Art. 6(1)(c) GDPR.

You may revoke or change your consent at any time with effect for the future – via “Cookie settings” in the footer of every page.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• browser type and browser version
• operating system used
• referrer URL
• host name of the accessing computer
• time of the server request
• IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be recorded.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not disclose this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent may be revoked at any time.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage or the purpose of the data storage no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Enquiries by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry, including all resulting personal data (name, enquiry), will be stored and processed by us for the purpose of handling your request. We do not disclose this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent may be revoked at any time.

The data you send to us via contact enquiries will remain with us until you request us to delete it, revoke your consent to storage or the purpose of the data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Financing requests

If you submit a request via our financing form, we process the data you provide (e.g. contact details, personal details, information on employment, income and bank account, as well as uploaded documents) in order to review your request and prepare a suitable financing offer. Where necessary to review and arrange the requested financing, we transmit your details to a financing credit institution. The legal basis is Art. 6(1)(b) GDPR (pre-contractual measures).

The data remains with us until the purpose of storage no longer applies (e.g. if no financing is concluded) or you ask us to delete it. Mandatory statutory provisions – in particular retention periods – remain unaffected.

Click identifiers and visit source

So that we can attribute an enquiry to a previous Google ad or to the source of your visit, we store – after your consent to the “Marketing” category – the click identifier of a Google ad (gclid, gbraid or wbraid) in the cookie _ab_clid and the source of your visit (e.g. search engine, campaign, landing page) in the cookie af_attribution (see cookie declaration). This information is transmitted to us with your enquiry; it contains no contact details. The legal basis is your consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG), which you can revoke at any time. Without consent, the click identifier is only kept in your browser’s memory for the duration of the page view.

Communication via WhatsApp

For communication with our customers and other third parties, we use, among other things, the instant messaging service WhatsApp. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland.

Communication takes place using end-to-end encryption (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp gains access to metadata generated in the course of the communication process (e.g. sender, recipient and time). We further point out that, according to its own statement, WhatsApp shares personal data of its users with its US-based parent company Meta. Further details on data processing can be found in WhatsApp’s privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

WhatsApp is used on the basis of our legitimate interest in communicating as quickly and effectively as possible with customers, prospective customers and other business and contractual partners (Art. 6(1)(f) GDPR). Where corresponding consent has been requested, data processing is carried out exclusively on the basis of that consent; consent may be revoked at any time with effect for the future.

The communication content exchanged between you and us on WhatsApp remains with us until you request us to delete it, revoke your consent to storage or the purpose of the data storage no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/7735.

5. Plugins and tools

Google Fonts (local hosting)

For the uniform display of fonts, this site uses so-called Google Fonts, which are provided by Google. The Google Fonts are installed locally. No connection to Google servers is established in the process.

Further information on Google Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Google Maps

This site uses the map service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Irland. With the help of this service, we can embed map material on our website.

To use the functions of Google Maps, it is necessary to store your IP address. This information is generally transferred to a Google server in the US and stored there. The provider of this site has no influence on this data transfer. If Google Maps is activated, Google may use Google Fonts for the purpose of the uniform display of fonts. When you access Google Maps, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.

Google Maps is used in the interest of an appealing presentation of our online offerings and of making the locations indicated by us on the website easy to find. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Where corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

The data transfer to the US is based on the Standard Contractual Clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

The map on our contact page is only loaded after you have consented to the “Marketing” category; until then, no connection to Google is established.

More information on the handling of user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF undertakes to comply with these data protection standards. Further information on this can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/participant/5780.

Vehicle inventory, vehicle enquiries and car purchase form (Autegro)

We embed our vehicle inventory, the vehicle search, the vehicle enquiry form and the car purchase form via the Autegro service. The provider is Auto Freunde GmbH, Lindenberg 10, 82343 Pöcking, Germany. The vehicle detail pages at fahrzeuge.curvedculture.com are also delivered by Autegro.

When you open a page with vehicle listings or the purchase form, a connection to Autegro’s servers (app.autegro.de) is established to load vehicle data, images and forms; your IP address is transmitted in the process. The legal basis is our legitimate interest in an up-to-date and complete presentation of our vehicle offering (Art. 6(1)(f) GDPR). Intermediate form entries as well as search and filter settings are stored in your browser’s local storage (see cookie declaration).

If you send an enquiry via these forms, the data entered (e.g. name, e-mail address, telephone number, message and details of your vehicle) is transmitted to Autegro, stored there and forwarded to us. If you have consented to the “Marketing” category, the visit source stored in the cookie af_attribution is also transmitted. Processing takes place to handle your enquiry and to carry out pre-contractual measures (Art. 6(1)(b) GDPR). A data processing agreement (Art. 28 GDPR) is in place with the provider.

Sending of form messages (Postmark)

To deliver enquiries submitted via our own contact and financing forms to our mailbox, we use the e-mail delivery service Postmark. The provider is ActiveCampaign, LLC, 1 N Dearborn Street, 5th Floor, Chicago, IL 60602, USA.

For this purpose, the data you enter in the form, including uploaded files, is transmitted to Postmark and processed there for the duration of the delivery process. The legal basis is Art. 6(1)(b) GDPR or our legitimate interest in reliable delivery of your enquiry (Art. 6(1)(f) GDPR). A data processing agreement is in place with the provider; the transfer to the US is safeguarded by the EU Standard Contractual Clauses. Further information: https://postmarkapp.com/privacy-policy.

Spam protection for forms (ALTCHA)

To protect against spam, we use ALTCHA, a self-hosted proof-of-work method: when the form loads, your browser solves a small computing task whose solution is transmitted with the enquiry to our server and verified there. In addition, we use a form field that is invisible to humans and a limit on the number of enquiries per sender. ALTCHA does not set cookies and does not transmit any personal data to third parties. The legal basis is our legitimate interest in protecting our communication channels (Art. 6(1)(f) GDPR).

6. eCommerce and payment providers

Processing of customer and contract data

We collect, process and use personal customer and contract data for the establishment, content and amendment of our contractual relationships. We collect, process and use personal data on the use of this website (usage data) only to the extent necessary to enable the user to use the service or to bill for it. The legal basis for this is Art. 6(1)(b) GDPR.

The customer data collected will be erased after completion of the order or termination of the business relationship and expiry of any applicable statutory retention periods. Statutory retention periods remain unaffected.

Source: https://www.e-recht24.de; supplemented by the sections on consent management and cookie declaration, click identifiers, financing requests, Autegro, Postmark and ALTCHA.

Cookie declaration

Cookies are small text files used by websites to make the user experience more efficient. By law, we may store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we require your permission.

Necessary

These entries are required for the operation of the website and do not require consent (§ 25(2) no. 2 TDDDG).

Marketing

These entries are only set with your consent in the “Marketing” category.

You can change or revoke your selection at any time via Cookie settings.