Thank you for your interest as a user (“you” or the “user) in the LoadFox platform, which is operated by LoadFox GmbH (“we” or “LoadFox”) on loadfox.eu (the “platform”). In this Data Privacy Statement (the “Data Privacy Statement”), we would like to inform you that we collect, process and use personal data (“personal data”). Furthermore, we intend to inform data subjects about the rights they are entitled to in this Data Privacy Statement. In doing so, we are complying with the General Data Protection Regulation (GDPR), the Bundesdatenschutzgesetz (Federal Data Protection Act, BDSG) and other laws. The protection of our users privacy is of particular importance to us.
If we update or otherwise change this Data Privacy Statement in the future, we will inform you about it on this page.
Controller according to Art. 4 Para. 7 EU-GDPR is
Dachauer Straße 667
Phone: +49 89 4141 827 – 20
Managing directors: Sebastian Sorger, Markus Lipinsky
Data Security Officer:
Phone: +49 89 4141 827 – 41
2. DATA COLLECTION AND -PROCESSING
2.1 Collection of anonymous user data when using our website outside of your user account
For each access by a data subject or automatized system, our website generates a series of general data and information. Data that can be collected is (1) which browser types and versions are used, (2) the operating system used by the sytem accessing the site, (3)the internet pages from which an accessingg system reached out website (so called referrers), (4) the sub-webpages, which are accessed via our website, (5) the date and time of access, (6) the Internet-Protocoll-Address (IP address), (7) the internet service provide of the accessing system, (8) technical information about the visit (e.g. http-method, http-version, http-status code, lentgh of transferred data) and (9) other data and information which serve to enhance emercency responses in case of attacks on our information technology systems.
This information is used and analyzed for statistical purposes. All unique users stay anonymous and LoadFox does not draw any conclusions about the data subject. In fact, this information is needed to (1) display the content of our website correctly, (2) optimize our content and offers, (3) provide continuous functionality of our information technology systems and the technology of our plaform as well as (4) provide the necessary information to the prosecution authorities in case of a cyber attack. The anonymous data of our server logfiles are saved separately from all personal data provided by data subjects.
Legal basis for this processing is the necessity for th purposes of our legitimate interest according to Art. 6 Para. 1 f) GDPR.
2.2 Collection and processing of personal data at registration
On its interet site, LoadFox provides the possibility to register one’s company and person. The registration process includes the provision of personal data. Please check the input form to conclude what kind of personal data is collected. The entered data is collected and saved exclusively for internal use and purposes. LoadFox GmbH can arrange to pass the data on to one or more contract data processor who will also use it solely for internal means which can be attributed to the LoadFox processes.
This personal data is processed for your registration as a user on the platform as well as for your future usage of the platform as a registered user (see 2.3. below).
Legal basis for this processing is the necessity for the performance of a contract or in order to take steps prior to enterning into a contract according to Art. 5 Para. 1 b) GDPR.
2.3 User credit assessment
CRIF Bürgel GmbH, Radlkofer Straße 2, D-81379 München (Germany) or Coface Central Europe Holding AG, Marxergasse 4c, AT-1030 Wien (Austria) will provide address and credit data saved about your company for the porposes of credit assessment, provided that we have credibly proven our legitimate interest and that there is no reason to assume that you have a legitimate interest in preventing the transfer. The saved address and credit data is demonstrably substantial for calculating a probability value based on a scientifically recognized mathematical/statistical procedure. This probability value is then used to calculate the probability of a certain behaviour.
Legal base for the check of address and credit assessment data in the databases of the above mentioned partnes are Art. 6 Para. 1 b) andArt. 6 Para. 1 f) GDPR. Transmission on the basis of Art. 6 Para. 1 f) may only take place if this is necessary to protect the legitimate interests of LoadFox or third parties and does not outweigh the interests and basic rights of the data subject who demand the protection of personal data. The data exchange with CRIF Bürgel and Coface also serves the fulfillment of legal obligations to carry out creditworthiness checks of customers (§ 505 a and 506 BGB). Our legitimate interest is our security and that of our other customers during the initiation of business processes and the reduction of default risk. CRIF Bürgel processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland and, where applicale, other third countries (if an adequacy decision of the European Commision exists) with information, for purposes including assesing the creditworthiness of natural persons. Further information on the activities of CRIF Bürgel can be found in the CRIF Bürgel information sheet or online at https://www.crifbuergel.de/en/privacy.
2.4 Collection and processing of personal data for registered users
When you log into our platform as a registered user, then we collect and process the following additional personal data to those mentioned in 2.2: prn. user profile picture, particulars about you as the contact person for offered or booked loads, search behavior, information about you pertaining to the conclusion or conduction of transport agreeements concering loads on the platform (including information about payment processing) and data about the routes you used.
Legal basis for this processing is Art. 6 Para. 1 b) GDPR.
3. DATA TRANSFER TO THIRD PARTIES
We only transfer personal data to third parties in the following cases:
3.1. Transfers to other users of the platform
If it is necessary for using the platform (especially for the mediation of cargo or the conlcusin of freight contracts), then your personal data – including your contact data – can be forwarded to other users of the platform (e.g. your freight partners). Please find more details on this topic in the “Terms of Service” agreement contract that you and LoadFox GmbH entered into.
Legal base for this is Art. 6 Para. 1 b) GDPR.
3.2. Transfer to service providers of LoadFox GmbH
Your personal data and usage data is only transferred to LoadFox’s service providers whenever it is necessary and required (e.g. in the case of integration to TMS- (transport management systems)/ FMS- (fleet management system) providers, providers of telematics services, dispatching software of our key account customers and group companies of MAN (especially for services provided by RIO)), whenever corresponding services are to be provided.
Legal base is Art. 1 Para. 1 b) GDPR.
3.3 Credit check
Within the scope of the legal permission and considering the legitimate interest in preventing the transfer or usage, we can forward your company address and credit data to CRIF Bürgel GmbH, Radlkoferstraße 2, D-81373 München (Germany) or Coface Central Holding Europe AG, Marxergasse 4c, AT-1030 Wien (Austria) for purposes of a credit check.
Legal base for this check of address and credit data with the above mentioned partners is Art. 6 Para. 1 f) GDPR. Our legitimate interest is our security and that of our other customers during the initiation of business processes and the reduction of default risk.
3.4. Transfer to state institutions and authorities
A transfer of personal data to stat institutions and authorities is only made whenever it is legally required.
Legal base is Art. 6 Para. 1 c) GDPR.
4. DATA COLLECTION USING WEB ANALYSIS SERVICES
4.1. Google (Universal) Analytics
The platform uses Google (Universal) Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, which are text documents saved on your computer and endable an analysis of your usage of the platform. The information about your usage of the platform generated by the Cookie (including your IP address) are generally transferred to a Goolge server in the USA and saved there. Google has submitted to the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).
We would like to point out that for this platform, Google Analytics was extended with the code “_anonymizeIp” in order to ensure an anonymized collection of IP addresses (so-called IP masking). Google will use this information on behalf of LoadFox to evaluate your usage of the platform, to generate reports about the platform acticities for LoadFox and to provide other services pertaining to the further usage of the platfotm and to the internet usage. Also, Google might transfer this information to third parties if legally required to do so or if others are processing this data on behalf of Google. The IP address transfered by your browser within the scope of Google Analytics will not be merged to other data from Google. You can prevent the installation of cookies and furthermore the collection of data generated by the cookie and the transfer of data pertaining to your usage of the website (including your IP address) to Google as well as the processing of this data by Google by using appropriate browser settings; however, we point out that in this case you might not be able to use all of the platform’s functionalities to their full extent.
In case you do not agree to the collection of your usage date by Google Analytics, you can easily deactivate this service (Opt-Out). Do to so, follow this link: https://tools.google.com/dlpage/gaoptout?hl=en.
You can find more information about terms and conditions and data security under https://policies.google.com/terms?hl=en or under https://policies.google.com/privacy?hl=en.
As an alternative to the browser add-on or for browsers on mobile devices, please klick this Link to prevent the collection by Google Analytics on this platform (the opt-out only works in the used brwoser and only for this domain): Deactivate Google Analytics now. This causes an opt-out cookie to be saved on your device. If you delete the cookies in your browser, you need to click this link again.
Legal basis for this processing is the necessity for the purposes of our legitimate interest according to Art. 6 Para. 1 f) GDPR, in particular our interst in the statistical analysis of our users behavior.
This website uses “inspectlet”, a web analysis service by Inspectlet. Inspectlet facilitates an analysis of the user behaviour on our website (e.g. mouse movements and clicks, scrolling, behaviour in form fields). Additionally, inspectlet uses “cookies”, which are text files saved on your computer, to provide an analysis of the website usage by our users (e.g. what content is clickt on the site). None of your personal data is collected, processed or used; the only user profiles which are created use pseudonyms. The peseudonymised user profiles will not be comined with other personal data provided by the data subject whitout explicit and separate consent by the data subject. Information may be transferred to third parties when it is required by law or when those third parties process this data on inspectlets behalf.
You may object to the collection, processing and generation by the inspectlet analysis service at any time by following the instructions at: http://www.inspectlet.com/optout.
The legal basis for this data processing is the necessity to protect our legitimate interest according to Art. 6 Para. 1 f) DSGVO, in particular our interest in the statistical evaluation of the user behaviour of our webiste users.
The data subject can prevent the setting of cookies by our internet pages at any time by means of an appropriate setting of their internet browser and permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using the internet browser or other software programs. You will find the appropriate instructions on the help page of your browser:
6. NEWSLETTER AND REMARKETING/RETARGETING
On the LoadFox website, users are given the opportunity to subscribe to our newsletter. Which personal data will be transferred to LoadFox GmbH when ordering the newsletter can be determined by the input mask which is used for subscription.
LoadFox GmbH regularly informs its customers and business partners by means of a newsletter about the offers and services provided by LoadFox. If you register to receive our newsletter, you will need to provide a valid e-mail address. After entering the e-mail address and confirming the consent text, you will receive an automated e-mail in which you will confirm your consent again by clicking a link (double-opt-in). To prove your consent, we will store your e-mail address, the consent text, the confirmation e-mail as well as the respective IP addresses, time and date of registration and confirmation.
The newsletter is sent via MailChimp, a newsletter distribution platform by the US provider Rocket Science Group, LLD, 675 Ponce De Leon Ave NE #5000, Atlanta, Ga 30308, USA. The e-mail addresses of our newsletter recipients, as well as other data described in this paragraph, are stored on the MailChimp servers in the USA. MailChimp uses this information to send and evaluate newsletters on our behalf. MailChimp has submitted to the EU-US Privacy Shield and is committed to comply with EU data protection regulations. Furthermore, we have concluded a data processing agreement with MailChimp. This is a contract in which MailChimp commits to protect our users’ data, to process it on our behalf and in accordance with the data protection regulations and in particular not to pass the data on to third parties.
You can object to further receiving our newsletter at any time; we will point out the option to do so and the possibility to object in each newsletter sent to you.
MailChimp’s data protection regulations can be viewed here: https://mailchimp.com/legal/privacy/.
Legal basis for this processing is your consent accoring to Art. 6 Para. 1 a) GDPR.
As a user of the platform, you will receive regular recommendations of transport offers from LoadFox via e-mail. You will receive these recommendation offers regardless of your subscription to our newsletter. With those recommendations, we want to provide information about cargo or cargo space offers that may be of interest to you based on your company’s data or your previous transactions on LoadFox. If you no longer wish to receive transport offers from us, you can object to those at any time without causing any costs other than the transmission costs according to basic tariffs. Please send an email to firstname.lastname@example.org to do so.
If we start doint remarketing and/or retargeting (e.g. via Google or Facebook) concering your use of the platform, we will keep you informed on this page.
7. SOCIAL MEDIA PLUGINS
Some of our pages integrate plugins to social networks. Currently, we use the Facebook plugin.
The plugin establishes a connection between your browser and the server of the respective social network as soon as you visit our website. This passes the information to the operator of the network that you have visited our site with your IP address. The data transfer happens no matter if you have an account with the respective network and are logged in there. If you are logged in to the network, your data collected from us will be directly assigned to your user account stored there. If you confirm the plugin button and, for example, link the page, then the network will also store this information in your user account and publicly communicate it to your contacts in the network. We recommend that you log out regularly after using social networks.
By using plugins, we provide our users the prossibility to interact with social networks and other user in order to improve the offers we make and to make them more interesting for you as a user.
The legal basis for the use of the plug-ins is Art. 6 Para. 1 f) GDPR.
Addresses of the respective network or plug-in providers and the URL with their data protection information are as follows:
Facebook Inc, 1601 California Ave, Palo Alto, CA 94304, USA:
8. INTEGRATION OF YOUTUBE VIDEOS
We have included YouTube videos on our site. They are stored on http://www.YouTube.com and can pe played directly on our website. We have integrated them in the “extended data protection mode”, i.e. no data about you as a user will be transmitted to YouTube if you do not play the videos. Only when you do play them, the data listed in the next paragraph will be transferred. LoadFox cannot influence this data transfer.
By visiting the website, YouTube will receive the information that you have accessed the corresponding supbage of our website. This will happen regardless of whether YouTube provides a user account that you are logged in to or whether a user account exists. If you are looged in to Google, your information will be associated directly with your account. If you do not with the assignment to your YouTube profile, you must log out before activating the video play button. YouTube stores your data as a user profile and uses it for the purposes of advertising, market research and/or the demand-oriented design of it’s website. You have the right to object to the creation of these user profiles, however, you must contact YouTube to exercise this right.
For more information on the purpose and scope of the data protection and collection and the processing by YouTube, please refer to the data protection declaration here: https://policies.google.com/privacy?hl=en.
9. DATA SECURITY AND LINKS TO THIRD PARTY WEBSITES
Your data is protected by LoadFox by technical and organizational security measures to avoid accidental or indentional manipulation, loss, destruction or acces by unauthorized persons. Our security measures, such as data encyption, are regularly improved in line with technological developments.
However, we would like to point out that the transmission of your personal data via the internet from you to the platform or from the platform to you (or to other users) may involve risks that lie outside the sphere of our influence.
Our platform may contain links zu websites of other providers to which this data protection declaration does not apply. LoadFox did not find any illegal content on the directly linked pages at the time the links were created. However, LoadFox has no influence on the contents of the linked pages and cannot monitor them continuously. Therefore LoadFox assumes no liability for the contents of the linked pages that were changed after the link was created.
10. RIGHT TO INFORMATION AND CORRECTION
You have the following rights towards LoadFox with regard to personal data concerning your person:
- Right to information,
- Right to correction or deletion,
- Right of opposition to the processing,
- Right to data transferrability
To assert your rights as a data subject, please contact the above contact persions or our data protection officer. You also have the right to complain to a data protection supervisory authority about our processing of your personal data.
Staus of May 2018