1 Responsible company
The responsible company for the processing of personal data is Humotion
GmbH, Heerdestraße 23, 48149 Münster (subsequently “we”).
address is: https://smartracks.run.
2 Purpose and legal basis for the processing of personal data
We process personal data that arise during the usage of the app or that you
explicitly and voluntarily make available to us by using the app exclusively on
the basis of the statutory regulations (The German Federal Data Protection Act
(BDSG), The German Telemedia Act (TMG) and The General Data Protection
Regulation (DSGVO)). This
includes the processing of personal data that:
- are necessary for the provision of our contractual services or are legally prescribed or
- for which you have given us your explicit permission or
- on the basis of our legitimate interests (i.e. our interest in security, economic operation as well as the analysis and optimisation of the app to improve the user experience).
With regard to the processing of personal data on the basis of the The
General Data Protection Regulation (DSGVO) coming into effect on the 25th
May, 2018, we would like to point out the following legal bases for the
processing of personal data:
- Permission: Article 6 Section 1 (a) and Article 7 DSGVO
- Fulfilment of our contractual services: Article 6 Section 1 (b) DSGVO
- Fulfilment of our legal obligations: Article 6 Section 1 (c) DSGVO
- Safeguarding of our legitimate interests: Article 6 Section 1 (f) DSGVO
2.2 Access data (legal basis: legitimate interests)
Each time our website is accessed from your browser, automatic access data
are transmitted and are stored by us in log files on our servers. The access
data include: your IP address, the referrer URL, the name of the provider via
which the access took place, the name of the files accessed, the date, time and
duration of the retrieval, the amount of data transmitted, information about the
browser and operating system and the http status code.
We save your IP address in the log files for a maximum of 30 days and then
delete it or anonymise it. As a result, we do not have any opportunity, neither
directly nor with the help of supplementary knowledge, to carry out an
allocation to your person. We do not carry out a merger of access data with
other data sources.
We process access data on the basis of our legitimate interests
corresponding to the statutory regulations, only in order to carry out
statistical evaluations in an anonymised form for the purpose of operation and
security and for the optimisation of the contents of our website and to provide
law enforcement authorities with the information necessary for law enforcement
in the event of a justified suspicion of unlawful use on the basis of concrete
3 The storage of personal data
3.1 Duration of data protection
We store your personal data for as long as is necessary to perform the
objectives that have been listed in this data protection declaration. If these
objectives cease to apply, then all personal data shall be deleted, as long as
longer storage has not been legally prescribed.
3.2 Location of data storage
We store your personal data exclusively on secure and protected servers in
3.3 Embedded content from other websites
Articles on this site may include embedded content
(e.g. videos, images, articles, etc.). Embedded content from other websites
behaves in the exact same way as if the visitor has visited the other website.
embed additional third-party tracking, and monitor your interaction with that
embedded content, including tracking your interaction with the embedded content
if you have an account and are logged in to that website.
4 Transfer of personal data to third parties
Unless otherwise indicated, we do not on principle transmit personal data
to third parties and do not transmit to countries outside of the European Union
(EU) or the European Economic Area (EEA).
4.2 Overview of technical service providers
We may use technical service providers by way of contract data processing
for the provision of our services, e.g. for hosting. We may also use service
providers for this purpose who are based outside of the EU and the EEA, where
differing data protection regulations may apply.
Service providers in the USA basically provide an adequate level of data
protection comparable to that of the European data protection law if they are
subject to the EU-US Privacy Shield certification or the agreement of the
so-called EU standard contractual clauses of the European Union with the
You can find an overview of the technical service providers that we use,
and their data protection declarations in the appendix.
4.3 Transmission of personal data by law
The transmission of your personal data to order and law enforcement
authorities or to other government institutions shall take place only within
the framework of mandatory national legislation.
Our website uses so-called cookies. A cookie is a small text file that is
sent when you visit our website and is saved in your browser. If you call up
our website again, then your browser will send back the contents of the cookie.
We can evaluate this information in a number of different ways. Some cookies
are deleted automatically when you end your browser session (so-called session
cookies). Other cookies will be saved for a specified period, or saved
permanently in your browser and will then independently delete themselves
afterwards (so-called temporary or permanent cookies). You can deactivate the
saving of cookies via your browser settings and delete cookies that have
already been saved at any time in your browser. Please observe however that the
website may not function, or may function only in a restricted manner without
example that you do not have to select your preferred language again every time
you visit our website, as this will be adopted by our website from the cookie
that is stored in your browser. We do not process any personal data in the
analysis (e.g. statistical analyses of visitor numbers or the websites that are
accessed most frequently) in order to be able to continually improve our
website and the visitor experience. Fundamentally, no personal data in cookies
will be processed here. Our website uses an analytical service from Google (see
Section 6 of this Data Protection Declaration).
6 Google Analytics
6.1 Google Analytics
On the basis of our legitimate interests, we use Google Analytics on this
website, a web analysis service of Google Inc. (“Google”). Google Analytics
uses so-called “cookies”, text files that are saved on your computer and enable
analysis of your usage of the website. The information created by the cookie
about your usage of this website is generally transmitted to a Google server in
the USA and stored there. In the event that IP anonymisation is activated on
this website, then your IP address will, however, be shortened beforehand by
Google within the member states of the European Union or in other countries
that are signatories of the agreement on the European Economic Area. Only in
exceptional cases will the full IP address be transmitted to a Google server in
the USA and shortened there. On behalf of the operator of this website, Google
will use this information to evaluate your usage of the website in order to
compile reports about the website activities and in order to provide additional
services that are connected to the usage of the website and internet usage for
the website operator. The IP address transmitted from your browser within the
scope of Google Analytics will not be combined with other data from Google.
We would like to advise you that Google Analytics has
been extended by the “gat._anonymizeIp();” code on our website, in order to
ensure the anonymised recording of IP addresses.
You can prevent tracking via Google Analytics by clicking on the following
link. A cookie will then be placed that prevents the recording of your data
when visiting our website in the future (a so-called opt-out cookie): Click here to opt-out.
You can prevent cookies from being saved via an appropriate setting for
your browser software; we would however like to point out that it is possible
that you might not be able to make full use of all of the functions of this
website in this case.
In addition, you can prevent the recording of data that are produced by the
cookie and that refer to your use of the website (including your IP address) at
Google and prevent the processing of these data by Google by downloading and
installing the browser plug-in that is available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
6.3 Additional information
protection at Google Analytics at https://www.google.com/analytics/terms/us.html and at https://www.google.com/analytics/learn/privacy.html?hl=en-GB.
This website uses Google Tag Manager. Google Tag Manager is a solution operated by Google that allows marketed website tags to be managed using an interface.
The Tag Manager tool itself (which implements the
tags) is a cookie-less domain and does not register personal data. The tool
causes other tags to be activated which may, for their part, register data
under certain circumstances. Google Tag Manager does not access this
information. If recording has been deactivated on domain or cookie level, this
setting will remain in place for all tracking tags implemented with Google Tag
8 Obligation to provide personal data
The provision of your personal data is not prescribed either legally or
contractually. We will not be able to handle your request, however, if you do
not provide us with your contact details.
9 Rights of the person affected
9.1 Rights of the person affected
You have the right to receive information free of charge at any time about the
processing of your personal data and to correct or amend these data if
necessary. If you have granted us permission to process your personal data for
purposes that are listed in this data protection declaration, then you can
revoke this permission with effect for the future at any time. Furthermore, you
also have the right to appeal, the right of data portability, the right to
limit the processing or, if there is no statutory archiving obligation, the
right of the deletion of your personal data that have been processed by us.
If you have any questions about the rights of the person affected, or if
you want to exercise these rights, then you can contact us at any time using
the contact details provided in section 11.
9.2 Right of appeal to a supervisory authority
You have the right to lodge a complaint to a data protection authority. To
do this, you can either contact the data protection authority that is
responsible for your place of residence or your Federal State, or you can
contact the data protection authority that is responsible for us.
We reserve the right to make alterations to the Data Protection Declaration
from time to time. We shall not use data that have been obtained once for other
purposes subsequently without your permission, unless we are entitled to do
this by law.
If you have any questions or comments about data protection at Humotion,
then you can contact us at any time via e-mail, fax or letter:
48149 Münster, Germany
Fax :+49 (0) 251 / 590 805 99
As of: 05/09/2019 (Version 1.00)
12 Annex – Overview of Technical Service Providers
Provider / Service: Google Analytics. Google Inc., 1600 Amphitheatre
Parkway, Mountain View, California, 94043
Subject: Tracking (Analysis of website visits)
Certification for the EU-US Privacy Shield
Objection / General notes: Deactivate Google Analytics
Provider / Service: Google Tag Manager. Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043
Subject: Uniform representation of fonts
Certification for the EU-US Privacy Shield
General notes: N/A