Clark Europe GmbH Privacy Statement
We as Clark Europe GmbH are delighted by your visit to our website as well as your interest in our company and our products. We take the protection of your data seriously and want you to feel comfortable visiting our website. This privacy statement applies to the processing of personal data that takes place in accordance with the provisions of the General Data Protection Regulation (hereinafter referred to as "GDPR") and the German Federal Data Protection Act (hereinafter referred to as "BDSG"). Our website may contain links to websites of other providers, to which this privacy statement does not extend.
We are committed to the confidentiality of your personal data and work strictly within the limits set by law. The processing of personal data is carried out on a voluntary basis Art.6 a) DSGVO, if this is possible for us. We also only pass on this data to third parties with your express consent.
This privacy statement is based on the terms of Art. 4 GDPR. To aid transparency and comprehensibility, we would first like to inform you about the terminology used:
1. “Personal data”
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, can be identified by an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
2. “Data subject”
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any process or series of operations, with or without the aid of automated procedures, related to personal data, such as collecting, capturing, organising, arranging, storing, adapting or modifying, reading, checking, using, disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, deletion or destruction.
4. “Processing restriction”
Processing restriction is the marking of stored personal data with the aim of limiting its future processing.
5. "Controller or data controller”
The controller or data controller is the natural or legal person, public authority, agency or other body that, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the member states, the controller or the specific criteria for his designation may be provided for under Union or member state law.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
7. “Third party”
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised under the direct responsibility of the controller or the processor to process the personal data.
Consent is any act of volition voluntarily given by the data subject for the particular case, in an informed and unambiguous manner, in the form of a statement or other unambiguous confirmatory act whereby the data subject indicates that they agree to the processing of their personal data.
Profiling is any kind of automated processing of personal data that consists in using this personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
II. Data processing controller and data protection officer
If you have any questions regarding the processing of your personal data and the assertion of your rights under para. V., please contact your data processing controller or our data protection officer.
1. Controller contact details
CLARK Europe GmbH
Dr. Alfred-Herrhausen-Allee 33
Tel.: +49 2065 499 13-0
Fax.: +49 2065 499 13-800
- 2. Controller data protection officer contact details
Digital DSB GmbH
You have the option of contacting us or our data protection officer by email or by filling out the contact form. Your personal data will be used for the purpose of establishing contact and processing your inquiry. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. a) GDPR, Art. 6 para. 1 sentence 1 lit. b) GDPR and Art. 6 para. 1 sentence 1 lit. f) GDPR.
III. Processing personal data
1. Visiting our Website
When you visit our website, by default our web servers store information that is automatically sent to us by your web browser. This information is stored in a log file. In this context, the following information is stored:
- IP address of the requesting terminal
- Date, time and duration of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Details of the requirement (specific page)
- Access status/HTTP status code
- Amount of data transmitted
- Message if the retrieval was successful
- Message as to why a retrieval may have failed
- Website from which the retrieval is made (referrer URL)
- Browser type used and version
- Operating system used and its interface
- Screen resolution
- Colour depth
- Language and version of the browser software
The processing of your IP address is based on the legal premise of Art. 6 para. 1 sentence 1 lit. f) GDPR. Both the purpose of this processing and our legitimate interest arise from ensuring a smooth connection setup, enjoyable use of our website and for reasons of system security and stability. The above-mentioned log data will be kept for a maximum of 9 weeks. The IP addresses of the caller in the log files are automatically anonymised after 7 days with an 'x'.
Cookies are small text files that your browser automatically creates and that are stored and saved on your device when you visit our website. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.
The cookie stores items of information, each resulting in connection with the specific device used.
However, this does not mean that we are immediately aware of your identity.
We use "Cookiebot" as a "cookie banner". "Cookiebot" is a product of Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark, hereinafter "Cybot".
The data processed by cookies is required for the purposes mentioned above for the protection of our legitimate interests under Art. 6 para. 1 sentence 1 lit. f) GDPR.
3. Data Processing in the Context of a Device and Spare Parts Inquiry
On our website, we provide the option of making a truck or spare parts inquiry by completing a form. The personal data transmitted here are your name, company name, your address and your email address.
The processing of data for the purpose of requesting a truck or spare parts inquiry is to initiate a contractual relationship in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR and Art. 6 para. 1 sentence 1 lit. a) GDPR based on your voluntarily granted consent.
Your personal data will be passed on to our distributors, who are responsible for the distribution of the truck or spare part you requested. They will contact you as soon as possible to fulfil your request. By completing the appropriate forms, you also confirm your consent to the distribution of your information to our distributors. Additional information on the disclosure of your personal data can be found under Para. III. 13.
4. Data Processing for Contact Requests
We provide you the option of contacting us via a form on the website.
You must provide a valid email address so that we know who the request came from and to answer it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us is in accordance with Art. 6 para. 1 p. 1 lit. a) GDPR based on your voluntarily consent.
The personal data collected by us for the use of the contact form will be automatically deleted after completion of the request made by you.
5. Data Processing for the Dealer Portal.
We provide you with the option of registering in a dealer portal.
If you would like to use our dealer portal, you must make an access request at http://www.clarkmheu-portal.com/login.php by providing your contact and customer data (name, company, dealer number, telephone, email address and your message). When you register to use the dealer portal, we save the above data. We will also save any voluntary data you may provide for the time you use the portal, unless you delete it before. Registration in the dealer portal is based on your login data at http://www.clarkmheu-portal.com/login.php. You can delete your dealer portal account at any time by sending an email to . Your data stored by using the dealer portal will be deleted in this case.
The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. f) GDPR.
6. Data Processing at the Conclusion or Initiation of a Contract
In the context of the initiation or the execution of contracts concluded with you, we process the personal data provided by you. To process the orders, we process your personal data by passing it on to third parties. If necessary, we will provide your address, email address or telephone number to coordinate a delivery date with the contractor.
The processing of this data is carried out for the purpose of contract execution and initiation. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b) GDPR or, in the case of your explicit consent, Art. 6 para. 1 sentence 1 lit. a) GDPR.
7. Data Processing for Dealer Application to the Distribution Partner
On our website, we provide the option of including you as a distribution partner in our team. We provide you with a dealer application under the following link, which must be filled out and returned to us.
If a distribution contract is concluded, the personal data transmitted is stored for the purpose of processing in compliance with statutory provisions. If no distribution contract is concluded, the personal data transmitted with the dealer application will be deleted after notification of the decision, if there is no conflict with statutory storage obligations or other legitimate interests of the controller.
The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. a) GDPR and Art. 6 para. 1 sentence 1 lit. b) GDPR.
8. Data Processing in the Context of the Application Process
We process personal data of applicants for the purpose of processing the application. This processing can also be done electronically. This is especially the case if an applicant submits application documents by electronic means, for example by email to us or if postal applications are later recorded in our computer systems. Open vacancies can be found under the heading "Career" on our website. If a contract of employment is concluded with an applicant, the personal data transmitted will be stored for the purpose of the employment relationship in compliance with legal requirements. If the controller does not conclude a contract of employment with the applicant, the application documents will be deleted after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Other legitimate interests in this sense could include, for example, a burden of proof in a procedure under the General Equalities Act (AGG).
The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. b) GDPR and § 26 BDSG.
9. Use of Google Maps
(1) On this website, we use the Google Maps service. This allows us to show you interactive maps directly on the website and enable you to use the map function comfortably. The basic functions of Google Maps are also available in the "only necessary cookie" setting and no cookies are created. Only if you have agreed to the "extended data privacy mode" and use map functions will data be transferred. We have no influence on this data transfer.
(2) By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration is transmitted. This is done regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as user profiles and uses them for the purposes of advertising, market research and/or the design of its website to meet your needs. Such a Evaluation is carried out in particular (even for users who are not logged in) for the purpose of providing needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.
10. Use of Social Media Links
On our website, we also use static links to our social media presences in the right sidebar:
Facebook, Twitter, YouTube, LinkedIn and Instagram.
These are buttons that are connected by static links. Only by clicking on the corresponding button do you merely access our online presence in the respective social networks. This does not result in the sharing of content or the transfer of personal data to the respective social network.
After the user has been forwarded, information about the user is collected by the respective network. It cannot be ruled out that the data collected in this way is processed in the USA.
The following social networks are integrated into our site through links:
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA.
Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA
LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, a subsidiary of LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085 USA.
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA.
11. Integration of YouTube videos
(1) We have integrated YouTube videos into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website.
These are all integrated in "extended data privacy mode", i.e. no data about you as a user is transmitted to YouTube unless you have previously agreed to the extended data privacy mode. Only when you have agreed and play the videos will the data mentioned in paragraph 2 be transferred. We have no influence on this data transmission.
(2) By visiting the website, YouTube receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned in paragraph 3 of this declaration is transmitted. This takes place regardless of whether YouTube provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not want your profile to be associated with YouTube, you must log out before activating the button. YouTube stores your data as user profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) for the purpose of providing needs-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact YouTube in order to exercise this right.
12. Data Processing through Use of Matamo Web Analytics Service (formerly PIWIK)
The information generated by the cookies, such as the time, place and frequency of your website visit, including your IP address, are transmitted to our server and stored there. Your IP address will be immediately anonymised during this process so that you remain anonymous to us as a user.
The information generated by the cookies about your use of this website will not be disclosed to third parties.
13. Transfer of Personal Data
Your personal data will only be passed on to third parties if:
- You have given your explicit consent to this pursuant to Art. 6 para. 1 sentence 1 lit. a) GDPR
- disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
- if disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR is a legal obligation, and is
- permitted by law and pursuant to Art. 6 para. 1 sentence 1 lit. b) GDPR is required for the settlement of contractual relationships with you.
IV. Deletion of Personal Data
Your personal data will be stored by us only if it is needed for the purposes for which it has been collected.
However, deletion will only take place only insofar as no statutory storage requirements preclude it. In addition, you have the right to deletion at any time according to para. V. 4. if the legal requirements are met.
V. Data Subject Rights
To assert your data subject rights, if the respective legal requirements are met, you can approach either us as the controller or our data protection officer by using the contact options listed under Para. II.
1. Right to Information
According to Art. 15 (1) GDPR you have the right to information about your personal data processed by us. Upon request, we will inform you as soon as possible and in writing whether and what personal data about you is stored with us. In particular, you can provide information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the source of your data, if it was not collected from us, if necessary, meaningful information about the details.
2. Right to Receive a Copy
According to Art. 15 para. 3 GDPR, you have the right to demand a free copy of all personal data processed that concerns you. For additional copies, a reasonable fee may be charged. The right to receive a copy may not affect the freedoms of others. The right to receive a copy may be precluded by trade secrets and intellectual property rights of third parties.
3. Right to Rectification
According to Art. 16 GDPR you have the right to immediately request the correction of incorrect or the completion of your personal data stored with us.
4. Right to Deletion
According to Art. 17 GDPR, you have the right to demand the deletion of your personal data stored with us, unless the processing is required for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for assertion, exercise or defence of legal rights.
5. Right to Restriction of Processing
According to Art. 18 GDPR you have the right to demand the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, however you reject its deletion and we no longer need the data, but you require it to assert, exercise or defend legal claims or you have objected to the processing pursuant to Art. 21 GDPR.
6. Right to Data Portability
According to Art. 20 GDPR, you have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request transmission to another controller.
7. Right to Revoke Consent
According to Art. 7 (3) GDPR, you have the right to revoke your consent at any time with us. As a result, we are no longer allowed to continue data processing based on this consent in future.
8. Right to Complain to the Supervisory Authority
According to Art. 77 GDPR, you have the right to complain to a supervisory authority if you believe that the processing of your personal data violates any applicable legal provisions. As a rule, you can contact the supervisory authority of your usual place of residence or work place.
9. Right to Objection
If you have given your consent to the processing of your data or if your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f) DSGVO, you can revoke this consent at any time.
Such revocation, in accordance with Art. 21 DSGVO, affects the permissibility of processing your personal data after you have expressed it to us. Insofar as we base the processing of your personal data on the weighing of interests, you can object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the facts of the case and will either stop or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
Of course, you can object to the processing of your personal data for the purposes of advertising and data analysis at any time.
We use technical and organisational security measures to protect your personal data that we process against manipulation, loss, destruction and access by unauthorised persons.
Our security measures are continuously improved in line with technological developments. However, Internet-based data transmissions can have security flaws, so we cannot guarantee absolute protection. You are therefore free to submit your personal data to us in alternative ways, for example by telephone.