Privacy policy

Privacy policy 

In the following, “smartRush” refers to smartRush GmbH & Co. KG, Leopoldstraße 31, 80802 Munich. 

The term “you” and “data subject” as used herein refers to all individuals and/or companies who access the smartRush website, contact, or are contacted by smartRush for any reason or use the smartRush products. 

Introduction 

This data protection policy has the status June 2022. 

The current data protection declaration can be accessed at any time on the website at www.smartrush.net/privacy-policy. 

If you wish to use the full functionality of this website, you must consent to the use of cookies. In the context of requesting further information about smartRush or our products, contacting smartRush or placing an order, the provision of certain data about your company and for contacting you is mandatory; without this data, we may not be able to assign you, communicate with you or enter into a business relationship with your company. However, you always have the option of providing so-called role contact data (such as departmental e-mail addresses, central telephone numbers, etc.), which do not allow us to identify you as a specific natural person. 

Website cookies policy 

In order to use the full functionality of the website, you must consent to the use of “cookies” that help smartRush determine how users in general, including you, use the website. 

Cookies are small text files that are used to store small pieces of information. If you decide to change your settings later during your browsing session, you can click on the “Manage cookies” tab at the bottom of your screen. Alternatively, clicking on the gear icon at the bottom left of the screen (not available in the mobile version of the website) will take you to the cookie settings. There, the consent notice will be displayed again, allowing you to change your settings or revoke your consent completely. 

Your consent applies to the following domains: www.smartrush.net 

The following list provides an overview of the cookies used, using the following categories: 

  • Necessary
    • Necessary cookies help make a website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
  • Non-necessary
    • Non-necessary cookies are optional cookies that enhance the user experience but are not mandatory for proper functioning of the website.
Cookie Type Expiration Description 
Moove_gdpr_popup Necessary 6 months The GDPR Cookie Compliance plugin uses this cookie to store your cookie consent settings. 
pll_language Non-necessary 1 year Polylang uses a cookie to remember the language selected by the user when he visits the website again. This cookie is also used to keep the language information if it is not available in any other way. 

Responsible expert 

Responsible for the collection and processing of personal data as well as the determination of the purposes and ways of data processing and your contact in questions of data protection is smartRush GmbH & Co. KG, Leopoldstraße 31, 80802 Munich, represented by the managing directors of smartRush Operations GmbH, Leopoldstraße 31, 80802 Munich: Mr. Peter Lindinger and Mr. Martin Meister.

Legal basis of processing 

Article 6 (1) lit. a DS-GVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. 

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. 

If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c DS-GVO. 

In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) lit. d DS-GVO. 

Finally, processing operations could be based on Art. 6(1)(f) DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).

Hosting services provided by a third party provider 

As part of processing on our behalf, a third-party provider provides services to us for hosting and displaying our websites. We use the following service provider to host our website: 

Futureweb GmbH
Innsbruckerstraße 7
6380 St. Johann in Tirol

All data collected in the course of using these web pages or in forms provided for this purpose as described below will be processed on the servers of the service provider.

Data collection when visiting the website 

When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect the data that your browser transmits to our server (in so-called “server log files”). 

The following data may be collected: 

  • browser types and versions used, 
  • the operating system used by the accessing system, 
  • the website from which an accessing system arrives at our website (so-called referrer), 
  • the sub-websites that are accessed via an accessing system on our website, 
  • the date and time of an access to the Internet site, 
  • an abbreviated Internet protocol address (anonymized IP address), 
  • the Internet service provider of the accessing system. 

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to 

  • to deliver the contents of our website correctly, 
  • to optimize the content of our website as well as the advertising for it, 
  • to ensure the long-term functionality of our IT systems and the technology of our website, and 
  • to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. 

Therefore, the data and information collected is, on the one hand, statistically analyzed by us and, on the other hand, it is evaluated with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject. 

The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DS-GVO. Our legitimate interest follows from the purposes for data collection listed above.

Transfer of data to third parties 

We do not transfer your personal data to third parties for purposes other than those listed below. 

We will only pass on your personal data to third parties if: 

  • you have given your express consent to this in accordance with Art. 6 (1) p. 1 lit. a DS-GVO, 
  • the disclosure is permitted under Art. 6 (1) p. 1 lit. f DS-GVO to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data, 
  • in the event that there is a legal obligation for the disclosure pursuant to Art. 6 (1) p. 1 lit. c DS-GVO, as well as 
  • this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b DS-GVO for the processing of contractual relationships with you.

Contacting / Contact form 

When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DS-GVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DS-GVO.

Services / Digital Goods 

We transmit personal data to third parties only if this is necessary in the context of contract processing, such as to the credit institution entrusted with processing payments. 

A further transmission of data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes. 

The basis for data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.

Plugins and other services 

Google reCAPTCHA 

On this website, we use the reCAPTCHA function of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). This function is primarily used to distinguish whether an input is made by a natural person or is abused by machine and automated processing. The service also includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 (1) lit. f DS-GVO on the basis of our legitimate interest in determining the individual willfulness of actions on the Internet and the prevention of abuse and spam. 

Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the level of data protection applicable in the EU. 

Further information on Google reCAPTCHA as well as Google’s privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/

Contact with smartRush 

When you contact, are contacted by, or otherwise interact with smartRush, including applying to smartRush, ordering the Software, or requesting further information, smartRush will collect and store information provided by you or on your behalf (e.g., your name, address, email address, telephone number, etc.) as necessary to contact you, document the transaction, and respond to the inquiry or request. smartRush will not routinely collect personal data relating to you other than from you or from persons or companies acting on your behalf or instructions.

Routine storage, deletion and blocking of personal data. 

We process and store your personal data only for the period of time required to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject. 

If the storage purpose ceases to apply or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Duration of storage of personal data 

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of the period, the corresponding data will be routinely deleted, provided that they are no longer required for contract fulfillment or contract initiation.

Your rights as affected person 

  1. Right to confirmation 

You have the right to request confirmation from us as to whether personal data concerning you is being processed. 

  1. Right to information Art. 15 DS-GVO 

You have the right to receive from us at any time, free of charge, information about the personal data stored about you and a copy of this data. 

  1. Right to rectification Art. 16 DS-GVO 

You have the right to request that incorrect personal data concerning you be corrected. Furthermore, the affected person has the right to request the completion of incomplete personal data, taking into account the purposes of the processing. 

  1. Deletion Art. 17 DS-GVO 

You have the right to demand that we delete the personal data concerning you without undue delay, provided that one of the reasons provided for by law applies and to the extent that the processing is not necessary. 

  1. Objection Art. 21 DS-GVO 

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) DS-GVO. 

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO. 

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. 

In individual cases, we process personal data to conduct direct marketing. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is related to such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes. 

In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest. 

You are free to exercise your right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

  1. Withdrawal of consent under data protection law 

You have the right to revoke consent to the processing of personal data at any time with effect for the future. 

  1. Complaint to a supervisory authority 

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.