Privacy Notice of Copart Deutschland

1. Important information and contact details

This privacy notice aims to provide information on how Copart Deutschland, which trades as CashforCars.de for our direct whole car vehicle purchase business, collects and processes your personal data through your use of this website and electronic services or applications (known as our “Electronic Services”).

These Electronic Services are not intended for children and we do not knowingly collect data relating to children. Due to the nature of the vehicles that Copart sells through its auctions, bidders must first acknowledge and agree to our terms and conditions. [https://www.copart.de/Content/de/en/Member-Terms-Conditions]

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices located at the bottom of the page www.copart.de and is not intended to override them.

Controller

Copart is made up of different legal entities including Copart Deutschland. This privacy notice is issued on behalf of the joint controllers:

  1. Copart Deutschland GmbH
  2. Copart, Inc.

When we use the word “Copart”, "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the Copart group responsible for processing your data. Unless specified otherwise, Copart Deutschland GmbH and Copart, Inc are the joint controllers and responsible for data collected via our services. . 

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact Details

If you would like to contact us regarding your legal rights or our processing of your personal data, you can do so using one of the following methods:

Contact Details Copart Deutschland GmbH:

Telephone: Phone: +49 (0)211 / 54011800

Fax: +49 (0)211 54011899

Email: info@copart.de

Address: Copart Germany GmbH, Zulpicher Str. 150; 52349 Duren, Germany

Contact Details DPO:

Email address: privacy@copart.de

Postal address: Data Protection Officer, Copart Deutschland GmbH, Zülpicher Str. 150, 52349       Düren, Germany

Changes to the privacy notice and your duty to inform us to changes

This version was last updated on 21 June 2019. We may update this policy from time to time and, if we do so, we will upload a new version to our website  If any changes are made to this policy the end user will be provided the updated terms for review and acceptance prior to the continued use of our services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Depending on the nature of our relationship with you we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Dataincludes first name, last name, title, username or member number, member company name, member occupational license number, title, log-in username, log-in password, date of birth, gender and driving license number and passport information.
  • Contact Dataincludes your postal and street address, post code, email address and phone number and also your business license information.
  • Financial Dataincludes credit card or debit card information, credit/debit card issuer, credit/debit card expiration date, credit/debit card security code, and bank account/sort code details such as payee bank account number, payee bank name, payee bank street and postal address, payee bank account holder name, payee bank account holder street and postal address. Depending on our relationship with you, we may also collect buyer first lien holder street and postal address, as well as buyer second lien holder street and postal address.
  • Transaction Dataincludes information about your transactions with us including information about the items you bid on.
  • Technical Dataincludes static and dynamic internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, server logs, operating system and platform and other technology on the devices you use to access this website such as the date and time you access our site, as well as any third party site that was used to visit our website.
  • Usage Dataincludes information about how you use our website, such as the pages you visit, products and services such as search history and transaction history while utilizing our services
  • Marketing and Communications Dataincludes your preferences in receiving marketing from, research surveys from us and our third parties, and your communication preferences. This also includes information you provide to us through one of our communication channels as well as call-recording, with your explicit consent, for the performance of a contract as well as quality assurance and training.
  • Vehicle Information includes the make, model, condition of vehicle, and VIN, which some jurisdictions classify as personal data. This information is collected when a data subject sells a vehicle directly to Copart.

If you fail to provide personal data

All of the data we collect from Members and sellers that conduct business with us are needed to form the basis of a contract. If you fail to provide us this information, we may not be able to perform the contract and will not be able to provide you with our services.

3. How is your personal data collected?

We use different methods to collect data from and about you including:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, unstructured communication fields or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • Bid for an item on our website,
  • Create an account on our website,
  • Subscribe to our services or publications,
  • Request marketing be sent to you,
  • Sale a vehicle to us,
  • Enter a competition, promotion, or survey; or
  • Give us feedback or communicate with us via our messaging channels.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy [https://www.copart.de/Content/DE/en/cookie-policy] for further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties when we carry out checks to verify your identity and credit status. This may also mean undertaking a full search of the electoral roll. Third party credit reference agencies may place a search footprint on any electronic file held by such agencies about you and your personal details may be accessed by third parties for the specific purpose of anti-money laundering, credit assessment, identity verification, debt collection, asses reunification, tracing and fraud prevention.

4. How we use your personal data?

We will only use your personal data where legally permissible. The legal basis under which we collect your personal data are described below and elaborated in detail in the below table.

  • Where we need to perform the contract we are about to enter into or have entered into with you, Art. 6(1)(b) GDPR.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, Art. 6(1)(f) GDPR.
    • See below what the legitimate interests of Copart used to collect personal data.
  • Where we need to comply with a legal or regulatory obligation, Art. 6(1)(c) GDPR.
  • When you consent to the processing of your personal data, Art. 6(1)(a) GDPR.
    • Copart does not generally rely on consent as a legal basis other than in relation to sending direct marketing communications from us or other Copart group companies. You have the right to withdraw consent to marketing at any time by emailing marketing@copart.de or “opting-out” by clicking the link at the bottom of all marketing email communications.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified our legitimate interests where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us by emailing privacy@copart.de if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been established below.

Purpose/Activity

Type of data as specified in sec. 2

Lawful basis for processing including
basis of legitimate interest

Retention Period

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you, Art. 6(1)(b) GDPR

 

Will be retained as long as a business relationship exists.

To process your bid including

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you, Art. 6(1)(b) GDPR

(b) Necessary for our legitimate interests, Art. 6(1)(f) GDPR (to recover debts due to us)

(c) Necessary to comply with a legal obligation, Art. 6(1)(c) GDPR

Will be retained as long as a business relationship exists.

This data will be retained for the retention period prescribed under applicable law.

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you, Art. 6(1)(b) GDPR

(b) Necessary to comply with a legal obligation, Art. 6(1)(c) GDPR

(c) Necessary for our legitimate interests, Art. 6(1)(f) GDPR (to keep our records updated and to study how customers use our products/services)

Will be retained as long as a business relationship exists.

This data will be retained for the retention period prescribed under applicable law.

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Usage

(d) Marketing and Communications

(a) Performance of a contract with you Art. 6(1)(b) GDPR

(b) Necessary for our legitimate interests Art. 6(1)(f) GDPR (to study how customers use our products/services, to develop them and grow our business)

Will be retained as long as a business relationship exists.

This data will be retained for the retention period prescribed under applicable law.

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests, Art. 6(1)(f) GDPR (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

(b) Necessary to comply with a legal obligation, Art. 6(1)(c) GDPR

Will be retained as long as a business relationship exists.

This data will be retained for the retention period prescribed under applicable law.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Usage

(d) Marketing and Communications

(e) Technical

Necessary for our legitimate interests, Art. 6(1)(f) (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)

Will be retained as long as a business relationship exists.

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests, Art. 6(1)(b) GDPR  (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

Will be retained as long as a business relationship exists.

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

Necessary for our legitimate interests, Art. 6(1)(b) GDPR  (to develop our products/services and grow our business)

Will be retained as long as a business relationship exists.

To purchase a vehicle from you directly

(a) Identity

(b) Contact

(c) Financial

(d) Marketing and Communications

(e) Vehicle Information

(a) Performance of a contract with you Art. 6(1)(b) GDPR

(b) Necessary to comply with a legal obligation, Art. 6(1)(c) GDPR

Will be retained as long as a business relationship exists.

This data will be retained for the retention period prescribed under applicable law.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may subscribe and unsubscribe to marketing communications, such as the Newsletter, at any time by “opting-out” by selecting the appropriate link included in every marketing email. You may also email marketing@copart.de at any time to update your preferences on marketing communication.

Promotional offers from us
We may use your Identity, Contact, Technical, and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have opted-in to receive information from us.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by emailing marketing@copart.de or by following the opt-out links provided on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions that we are required to maintain to comply with our legal reporting obligations.

Change of purpose

We will only use your personal data for the purposes for which we collected it and as described in this notice.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, only where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary.
  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers acting as a processor to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.International transfers

We share your personal data within the Copart Group. This will involve transferring your data outside the European Union (EU)/ European Economic Area (EEA) to countries that lack an adequacy decision by the Commission. For example, our parent company Copart, Inc. is headquartered in the United States and is a joint-controller of the personal data we collect.

Whenever we transfer your personal data out of the EU/ EEA, we ensure a similar degree of protection is afforded to it by implementing appropriate safeguards in the form of Intercompany Agreements approved by the Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Please email info@copart.de if you want further information on the specific mechanism used by us when transferring your personal data out of the EU/ EEA.

7.Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.Data retention

How long will you use my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements as described in the table above.

9.Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us by emailing privacy@copart.de.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month at the latest. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 Right to complain

You have the right to make a complaint at any time to the Supervisory Authority of your jurisdiction. We would, however, appreciate the opportunity to deal with your concerns first so please contact us in the first instance.

10.Glossary

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by emailing info@copart.de


Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.


Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.


THIRD PARTIES

Internal Third Parties

Other companies in the Copart group of companies acting as joint controllers or processors and who are based in the United States of America and India to provide IT and system administration services as well as marketing support and management oversight.


External Third Parties

  • Sellers of items purchased by you, and buyers of items sold by you on this website.
  • Governmental agencies when required to facilitate the ownership transfer process of items you bought or sold on this website.
  • Credit referencing agencies for the purpose of carrying out checks to verify your identity and credit status if you apply to become a member of Copart.
  • Service providers acting as processors based in Germany and the United States of America who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Germany or other jurisdictions that provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in Germany or the United States of America who require reporting of processing activities in certain circumstances.
  • Service providers acting as processors based in Germany who provide vehicle collection and delivery services to enable Copart to perform the contract with you.
  • Service providers acting as processors who provide support for market surveys.

Privacy policy on the use and application of the uppr performance network (UPN)

The controller has integrated components of the company uppr GmbH on this website. uppr is a German agency with its own affiliate network, which offers affiliate marketing.

Affiliate marketing is an Internet-based form of distribution that enables commercial operators of websites, known as advertisers, to display advertising, which is usually remunerated by means of click or sale commissions, on third-party websites, i.e., on the websites of distribution partners, also known as publishers. The advertiser provides an advertising medium via the affiliate network, i.e., an advertising banner or other suitable means of Internet advertising, which is subsequently integrated by a merchant on its own websites or advertised via other channels, such as keyword advertising or e-mail marketing.

The operating company of the uppr performance network is uppr GmbH, Linkstraße 21, 59519 Möhnesee, Germany.

The uppr performance network sets, if you agree, a cookie on your information technology system. What cookies are has been explained before. The tracking cookie from the uppr performance network stores the identification number of the publisher, i.e. the partner referring the potential customer, as well as the order number of the visitor to a website and the advertising material clicked on. The purpose of storing this data is to process commission payments between an advertiser and the publisher, which are processed via the affiliate network, i.e. the uppr performance network. By setting the cookie, the uppr performance network is enabled to analyze the use of this website. By each call of one of the individual pages of this website, which is operated by the data controller and on which a uppr performance network component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective uppr performance network component to transmit data to uppr GmbH for the purpose of displaying interest-relevant advertising and billing commissions. In the course of this process, uppr GmbH obtains knowledge of personal data, such as the IP address of the data subject, which the uppr performance network uses, among other things, to track the origin of visitors and clicks, to mark and re-address users, and subsequently to enable commission settlements. 

The setting of these above-mentioned cookies is only possible with your consent. You consent to the use of your data for the above purposes by clicking the opt-in checkbox accordingly. This is voluntary, you will not experience any disadvantages if you do not consent to the cookie in question. If you do not consent to this use of data, only cookies that are technically necessary to visit the website and possibly other cookies regarding which you have consented will be set. The cookies already set by uppr performance network can be viewed and/or deleted at any time via an Internet browser or other software programs: - Data information: https://netzwerk.uppr.de/privacy-mydata.do - 

If you wish to withdraw the consent you have already given to cookies, you can do so at any time by clicking on the following link:

Opt-Out: https://netzwerk.uppr.de/privacy-optout.do. 

The uppr performance network also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in Internet pages to enable log file recording and log file analysis, whereby a statistical evaluation can be performed. Based on the embedded tracking pixel, the uppr performance network may see if and when a website was opened by a data subject, and which links were clicked by the data subject, and whether a purchase or registration was made. Among other things, tracking pixels are used to evaluate the flow of visitors to a website. 

The applicable data protection provisions of the uppr performance network can be found at  https://netzwerk.uppr.de/privacy-policy.do