Data Privacy Statement

Information obligations under Article 13 of the EU General Data Protection Regulation (GDPR)

1. Name and contact details of the controller

These information requirements apply to the processing of personal data by the controller: Holman GmbH, Liebknechtstrasse 33, D-70565 Stuttgart, (hereinafter “Holman”), E-Mail: [email protected].  Phone: 0049 (0) 711 -6676-0, Fax: 0049 (0) 711-6676-17101.

We place great importance to the protection of your personal data. According to Article 4 Nr. 1 GDPR, personal data comprises all information relating to an identified or identifiable natural person; a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person can be identified. For example: your name or your e-mail address are considered personal.

Privacy Statement – Holman (US)

Privacy Statement – Holman (CA)

Privacy Statement – Holman (UK)

2. Contact details of the company data protection officer

The responsible data protection officer of controller at the above address is Paul Elion, reachable by phone +49 (0) 6196 700 1117, or Mobile +49 (0) 172 8644 893, or by e-mail [email protected].

3. Purposes of data processing, legal basis, storage duration

The processing of the personal data collected when visiting our websites at www.holmanfleet.de is only carried out in compliance with the applicable data protection regulations and to the extent required.

a) Visit our website

When you visit our websites, the web servers of our website temporarily store every access of your device in a log file. The following data is collected and stored until automated deletion:

  • IP address of the requesting computer
  • Date and time of access
  • Name and URL of the retrieved data
  • Transmitted amount of data
  • Message if the retrieval was successful
  • Used browser, browser language and Browserversion, operating system and information about the surface
  • Name of the Internet access provider
  • Website from which access takes place (referrer-URL)

The processing of this data is for the following purposes:

  1. Enabling the use of the website (connection establishment)
  2. Administration of the network infrastructure
  3. Appropriate technical and organizational measures for IT system and information security taking into account the state of the art
  4. Ensure user-friendliness of use
  5. Optimization of the Internet offering
  6. Marketing incl. direct mail (through the use of tracking devices), like the Pardot services (see Section 6 below)

 

Legal basis for the above processing are:

 

  • for the processing of the visit to the websites referred to in paragraphs 1-2: Article 6 paragraph 1 letter b GDPR (requirement for the fulfillment of the website usage contract relationship),
  • for the processing referred to in paragraph 3: Article 6 (1) (c) of the GDPR (legal obligation to implement technical-organizational measures to safeguard data processing under Article 32 GDPR) and Article 6 (1) (f) GDPR (legitimate data processing interests for network and electronic data processing) Information Security) as well as for
  • the processing referred to in paragraphs 4-6: Article 6 (1) (f) GDPR (legitimate interests). The legitimate interests of our data processing are to make our offer user-friendly and to optimize. Within the legitimate interests, we can also deliver direct mail, and
  • As part of the data processing for the purpose of advertising according to paragraph 6, we can also deliver personalized direct mail with the aid of tracking mechanisms. In this case,the legal basis is Article 6 (1) (a) GDPR (consent). Details can be found below in the section on web analysis using Pardot (Section 6) and Google Analytics (Section 7).

Holman will store your data for as long as is necessary for the purpose for which such data is being collected (e.g. in the context of a contractual relationship), or shall be required by law. For instance: in connection with a contractual relationship, we will store your data at least until the complete termination of the agreement. Subsequently, the data will be stored for the duration of the legal retention period. If data are processed for a longer period of time for purposes according to numbers 2-6, above, irreversible anonymization or deletion takes place when storage is no longer required for the respective purpose.

b) Use of Holman Insights ® or the Holman Car configurator

If you use our web applications “Holman Insights ® or “Holman Car Configurator”, then we collect and process for the processing purposes referenced above under paragraph a, the following additional personal data:

  • Name of the user
  • E-mail address of the user
  • Mobile phone number
  • Telephone number
  • Private and employer address
  • Location data (only Holman Insights®)

 

This data is processed for the following purpose:

  • Provision of fleet management services in accordance with Framework contract (regarding Holman Insights ® and / or the Holman vehicle configurator)

The legal basis for the above processing is:

  • Article 6 paragraph 1 letter b GDPR (required for the fulfillment of a framework agreement for fleet management).

 

Your data will be deleted or irreversibly anonymized as soon as the storage of the data is no longer necessary in order to fulfill the purposes pursued (the contractual relationship for the use of Holman Insights® or Holman Car Configurator has ended and all contractual relationships regarding your use of the Holman Insights® Tool and / or Holman Car Configurator have finally been processed).

c) Newsletter

If you have expressly and voluntarily provided your consent, in accordance with Article 6 paragraph 1 letter a. of the GDPR (Consent to Use), we will use your e-mail address to send you our newsletter on a regular basis. For the receipt of the newsletter the indication of an e-mail address is sufficient. Further information can be found under item 6 below.

Unsubscribing from the newsletter is possible at any time, for example via a link at the end of each newsletter. Alternatively, you can also send an request to unsubscribe at any time to the aforementioned e-mail address of the Data Protection Officer. The deregistration is at the same time a revocation of your consent.

Further information can be found in Section 6 below.

d) Use of the Contact Form

For inquiries of any kind we offer you the possibility to contact us with a form provided on the website. This requires a valid e-mail address in order to be able to respond to the request, to provide information on your identity in contractual matters or to provide individual information, e.g. your name. If you do not provide this information, we may eventually not be able to respond to your inquiries. Optionally, further information may be voluntarily provided, the non-delivery of which has no influence on the answer.

The legal basis for data processing for these purposes is our legitimate interest in answering your request and communicating with you in accordance with Article 6 Paragraph 1 Letter f GDPR (legitimate interests). If your request is based on the conclusion of a contract or relates to the implementation or termination of a contract, Article 6 paragraph 1 letter b DSGVO (contract implementation) is also the legal basis for data processing.

The personal data collected by us for the use of the contact form will be permanently deleted after the request you have made has been dealt with or any follow-up business resulting from it.

e) Use of website-chats and chatbots

We may use website-chats and automated chatbots on our websites. In a website chat, you communicate textually with one of our employees. A chatbot, on the other hand, is a system that allows chatting with our technical systems, also in textual form. In order to be able to answer questions from the chat automatically, above all search functions are used in the background of the chatbot.

All chats and the personal data collected and processed in connection therewith are used for the purpose of answering inquiries from our website visitors, for providing an additional and highly-useable communication channel and for the purpose of managing the associated technical administration. The legal basis for the data processing for these purposes is our legitimate interest in answering your request and communicating with you in accordance with Article 6 Paragraph 1 Letter f GDPR (legitimate interests). If your request is based on the conclusion of a contract or relates to the implementation or termination of a contract, Article 6 paragraph 1 letter b DSGVO (contract implementation) is also the legal basis for data processing.

If we ask you for personal data such as your first and last name and your e-mail address in a chat in order to use this data for the purpose of sending you advertising about the goods and services of our company, we ask for your voluntary and explicit consent. If you give us this consent, the legal basis for data processing for advertising purposes is Article 6 Paragraph 1 Letter a GDPR (consent). You can revoke your consent at any time with effect for the future.

The personal data collected by us for the use of a chat will be permanently deleted after the request you have made has been dealt with or any follow-up business resulting from it. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary. We will ask for advertising consent again at regular intervals and, if this is not confirmed, delete it no later than two (2) years after the last use,

f) No further processing activities

In addition to the aforementioned cases, personal data will not be processed unless you expressly consent in advance for further processing, for example to receive a newsletter or a product offer.

4. Disclosure to third parties, Processors, recipient categories

A transmission of your personal data to third parties, i.e. other natural or legal persons other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or processor to process the personal data shall only be used for the following purposes:

  • You have given your express and voluntary consent under Article 6 (1) (a) GDPR,
  • Disclosure is required under Article 6 (1) (b) of the GDPR with regard to the performance of contractual relationships with you, for example to suppliers or recipients of a good or service whom you have mentioned.
  • There is a legal obligation for disclosure under Article 6 (1) (c) GDPR, for example to financial or law enforcement authorities.
  • Disclosure is required under Article 6 (1) (f) GDPR to assert, exercise or defend legal claims, and there is no reason to believe that you have an overriding legitimate interest in not disclosing your information; such disclosure could be, for example, in the case of attacks on our IT systems, to state institutions and law enforcement agencies

Our websites are being hosted by our parent company Automotive Rentals, Inc.  In New Jersey, USA (“Holman US”), acting as data processor in accordance with Art. 28 GDPR, on servers in the USA. Holman US has subcontracted the hosting to Media Temple, Inc,, 6060 Center Drive, 5th Floor, Los Angeles, CA 90045, USA. In the USA no adequate level of data protection is available within the meaning of GDPR, and the European Commission has not taken an adequacy decision with respect to the USA. However, we have concluded with Holman US the EU standard data protection clauses, within the meaning of Article 46 GDPR, which may be requested in copy by sending an email to [email protected].

Holman remains responsible for data protection even when processing processors are involved. We do not intend to transfer your personal information to a third country.

5. Cookies

We use cookies on our websites. A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.. However, this does not mean that we are actually aware of your identity. r.

In addition, we also use tracking cookies that are stored in the web browser of your device for a defined period of time to optimize and ensure usability. If you visit our site again, it will automatically be recognized that you have already visited our web pages and what settings you have made in order not to have to make them again. Furthermore, we use tracking cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer. These tracking cookies also enable us to automatically recognize your used device when visiting our site again. .

You can also view our websites without cookies. However, most web browsers accept cookies automatically. You can set your web browser settings to prevent cookies from being saved, or you’ll always be warned before a new cookie is created. You can also delete cookies through your web browser. However, the deletion or deactivation of cookies may mean that you cannot use all the features of our website equally.

Our career-website can be found on the Holman-Enterprises USA-portal, which is being hosted by Workday Inc., 6110 Stoneridge Mall Road, Pleasanton, CA 94588, USA,  On these sites necessary cookies as well as Google Analytics (see Section 7  below) and JSESSIONID are being used, among other things, the enable the use of LinkedIn – Quick Apply function. Further information regarding Workday can be found at:

https://www.workday.com/en-us/privacy.html

The cookies mentioned are deleted when their processing is no longer necessary to achieve the purposes for which they were intended.

Further information regarding cookies and similar technologies (for ease of reference defined as “cookies”) can be found at our Cookie-Guidelines:

https://www.holmanfleet.de/cookie-policy-eu/.

6. Webanalyse via Pardot

We use the services of Pardot LLC (Member of the Salesforce-Group) with address 950 East Paces Ferry Rd. Suite 3300, Atlanta, GA 30326, , to distribute our newsletter and further mailings (call for papers), to manage marketing permissions and to analyse the use of our website by registered users and to optimize our website. .

When you obtain a product or service from us, your email address will be transferred to Pardot so that we can send you information emails for similar goods or services in the future. The legal basis for this is Art. 6 Para. 1 S. 1 lit.f GDPR.

Pardot uses tracking cookies, as referenced in section 5 above. The information stored in the tracking cookie about your use of this website is transferred to a Pardot server in the USA and is being stored there. In the USA, there’s no adequate level of data protection, as referenced in GDPR, and no adequacy decision has been rendered by the EU Commission with respect to the USA.  Pardot does use Binding Corporate Rules, in accordance with Sect. 47 GDPR. You can prevent the cookies storing by adjusting your browser settings accordingly.

For more information on data deletion, see: https://help.salesforce.com/articleView?id=sf.data_deletion_pardot.htm&type=5

On behalf of the operator of this website,Pardot uses this information to evaluate the use of the website by registered persons and to compile reports on website activity. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.

Tracking pixels and how you can prevent them: We would like to point out that Pardot  evaluates your user behavior on our behalf when sending the newsletter or other requested information. For this evaluation, the emails sent contain so-called web beacons, also known as tracking pixels. These are one-pixel image files that link to our website and thus enable us to evaluate your user behavior on a session-based basis. We record when you read our newsletters, which links you click in the newsletters and deduce from this your personal interests. The information collected in this way is saved by Pardot on its server in the USA.

Tracking is not possible if you have deactivated the display of images by default in your e-mail program. In this case, however, the newsletter will not be displayed in full and you may not be able to use all functions. If you display the images manually, the tracking mentioned above takes place.

Further information regarding Pardot, its services and their data protection information can be found at: https://www.salesforce.com/eu/gdpr/pardot/ .

7. Google Analytics with anonymization function

Our website uses Google Analytics, a web analysis service from Google Inc. (“Google”). A cookie (as already described above) is stored on your computer or mobile device in order to collect anonymised data about your visit to our website.

We use Google Analytics with the extension “anonymizeIp ()”. As a result, IP addresses are further processed in abbreviated form, so that personal references can be excluded.

The information stored in the cookie about your use of this website is transmitted to a Google server in the USA and stored there. Due to the IP anonymization on this website, your IP address will be shortened beforehand. On our behalf, Google will use this information to anonymously evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and internet usage.

You can prevent the storage of cookies by setting your browser software accordingly, as described above (see section 5 above).

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google, by downloading and installing the browser plug-in available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

 

You can also permanently object to the setting of cookies for ad preferences by downloading and installing the browser plug-in available under the following ink:

https://www.google.com/settings/ads/onweb/

Information regarding this third party service provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

User conditions: http://www.google.com/analytics/terms/de.html,

Data Protection overview: http://www.google.com/intl/de/analytics/learn/privacy.html,

and the Data Privacy Statement: http://www.google.de/intl/de/policies/privacy

8. Social Plug-Ins

On our websites, we also use social plug-ins from e.g. Google Inc., USA, Facebook, Twitter, Linked-In and You Tube, esp. integrated cards. These plug-ins are technically operated in the US or other countries outside Germany and the European Union, and are sometimes offered through national companies in the EU. If you open a page of our website in your web browser that contains such a plug-in, your web browser will establish a direct connection to the provider’s servers in the respective country. By integrating the plug-ins, the provider at least receives the information that your web browser has visited a certain page of our website, possibly also other information revealed by your web browser or your used device. The content of the plug-in is downloaded from your web browser directly from the provider and integrated into our website. If you are registered and / or logged in with the provider in question, your visit can also be assigned to your user account. If you interact with a plug-in, for example, to get directions, this information is also transmitted from your web browser directly to the provider and stored there and, if necessary, continue to use. Purpose and scope of the described data collection and use are v.a. Marketing measures of the provider. You can read details about this and your rights and settings options for protecting your privacy directly from the respective provider in their privacy policy (see www.google.de). The legal basis for this data processing on our websites is Article 6 (1) (f) GDPR (legitimate interests). We do not store data for interaction with plug-ins. If you do not want a provider to collect information about you from our web pages, you must disable plug-ins in your web browser. Certain functions such as the view of maps are then no longer available. If you want to avoid linking to a possibly existing user account, you must log out before visiting our web pages.

9. LinkedIn Lead Gen Forms

Holman uses LinkedIn Lead Gen Forms for Holman Fleet sponsored content, and sponsored LinkedIn InMails for marketing campaigns. Once LinkedIn members click on Holman advertisement, they will see a form that is pre-filled with information from their LinkedIn profile, such as their name, contact information, company name and location. As soon as a LinkedIn member submits a lead form, they will be connected to Holman.

 

Please click here for LinkedIn’s privacy policy.

10. Demandbase

Our website uses cookies and web beacons like for example tracking pixels from Demandbase Inc. (680 Folsom Street, Suite 400, San Francisco, CA 94107, USA).  These collect data like for example browser version, operating system, IP address, cookie information, timestamp, etc. The cookies contain identifiers that may be linked to certain non-personal data or non-personal advertising IDs from third-party providers.

Demandbase analyzes online identifiers (cookies) in the aggregate and applies AI and machine learning models to provide us with analytics data regarding the use of our website. More information about privacy can be found at Demandbase’s privacy policy, https://www.demandbase.com/privacy-policy/.

11. Rights of Persons involved

You have the right:

  • to request information about your personal data processed by us in accordance with Article 15 GDPR. In particular, you may provide information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed or the planned retention period if possible, the right of rectification, deletion, limitation of processing or opposition, the Existence of a right of appeal, the origin of their data, if not collected from you, as well as the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details,
  • in accordance with Article 16 of the GDPR to demand immediate correction of incorrect or complete personal data stored with us,
  • to demand the deletion of your personal data stored by us in accordance with Article 17 GDPR, if
    • they are no longer necessary for the purposes for which they were collected or otherwise processed,
    • your consent, on which the processing was based, in accordance with Article 6 (1) (a) or Article 9 (2) (a), and there is no other legal basis for processing,
    • you object to the processing in accordance with Article 21 (1) and that there are no legitimate grounds for processing, or you object, in accordance with Article 21 (2), to direct mail processing including related profiling;
    • the personal data have been processed unlawfully,
    • the deletion of personal data in order to fulfill a legal obligation under Union or national law, to which the person responsible is subject,
    • the personal data relating to information society services offered have been collected in accordance with Article 8 (1) GDPR (consent of a child).

The right to seek deletion of data does not exist if the processing is necessary:

    • for exercising the right to freedom of expression and information,
    • to fulfill a legal obligation, for reasons of public interest in the field of public health or archival public interest or
    • to assert, exercise or defend legal claims.
  • to demand the restriction of the processing of your personal data in accordance with Article 18 GDPR, to the extent that
    • the accuracy of the data is disputed by you,
    • the processing is illegal, but you reject its deletion,
    • we no longer need the data, but you need it for asserting, exercising or defending legal claims or
    • you objected to the processing in accordance with Article 21 GDPR.
  • to receive, in accordance with Article 20 of the GDPR, your personal data provided to us in a structured, standard and machine-readable format, or to require the transfer to another person responsible,
  • in accordance with Article 7 (3) GDPR, to revoke your once given consent to us at any time. As a result, we will not be allowed to continue the data processing based on this consent for the future, unless there is a different legal basis for doing so and
  • to complain to a supervisory authority in accordance with Article 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our headquarters.
12. Right of objection

If your personal data is processed on the basis of legitimate interests in accordance with Article 6 (1) (f) GDPR, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR, to the extent that this is due to your particular situation or the opposition is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation. If you would like to exercise your right of revocation or objection, you can contact us using the contact details above e.g. by sending us an e-mail.

13. Data Security

We use the widely used SSL (Secure Socket Layer) method within the website visit, in conjunction with the highest encryption level supported by your browser. In general, this is a 256-bit encryption. Whether a single page of our website will be transmitted in encrypted form is indicated by the closed representation of the key or lock icon in the status bar of your web browser.

Furthermore, we use appropriate technical and organizational measures to secure data processing, in particular to protect your data against manipulation or unauthorized access. We take into account the state of the art. Our security measures are adapted according to the technological development.

14. Status, Validity and changes to this data privacy statement

By using our websites, you agree to the data processing described above. This privacy statement currently applies, and is dated October 18.2022. Changes in the legal framework, the development of our websites and offers, the implementation of new technologies or due to changes in legal or regulatory requirements may make it necessary to change this privacy policy with effect for the future. The current data protection declaration can always be viewed on our website at www.holmanfleet.de and stored or printed out.

15. Severability clause

Should individual provisions of this data privacy statement be or become ineffective or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies in the case of gaps.