Datenschutz

byways GmbH and its affiliated companies ("we" or "byways") are committed to the protection of personal data. This Privacy Policy is directed at all users of byways's services worldwide, including users of its websites, platforms, apps, functions or other services offered by byways ("Services") unless covered by a separate privacy policy. Data subjects within the meaning of this Privacy Policy include, in particular, customers, warehouses, carriers, drivers, business partners, employees, applicants and users of our online Services.

With this Privacy Policy we would like to inform you about the type, scope and purpose of the personal data we collect, use and process. Furthermore this Privacy Policy will inform you about your rights.

1. CONTACT DETAILS OF THE DATA CONTROLLER

Unless otherwise specified for a specific market or service, “Controller” within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions with a data protection nature is:

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byways GmbH
Gaudystraße 12
10437 Berlin
Deutschland
E-Mail: info@byways.io
Website: www.byways.io
Managing Directors: Alexander Palffy, Dr. Simon Jordan

The data protection officer of byways can be reached at the above-mentioned address, attn. Data Protection Officer or via a coordinator at info@byways.io.

2. INFORMATION THAT WE COLLECT ABOUT YOU

The personal data we collect from you depends on your specific business relationship with byways. Below we describe what kind of data we collect and for what purposes:

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2.1 Processing when using our Online-Services
a) Data concerned

When accessing our website, one of our internet portals, our app or other services offered online ("Online-Services"), a number of general data and information is collected with each access. This general data and information is stored in the log files of the server. The following data may be collected:

• the browser types and versions used
• the operating system used by the accessing system
• the date and time of an access
• an Internet Protocol (IP address)
• the amount of data transmitted
• the internet service provider of the accessing system
• other similar data and information that serves the prevention of attacks on our information technology systems
• Data that you voluntarily transmit to us

b) The purpose of processing and legal basis

We use the collected data to deliver and optimize the content of our Online Services correctly and to ensure the long-term viability and technical security of our systems. The anonymously collected data and information is processed for statistical purposes. These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 para. 1 f GDPR.

Personal data that you voluntarily submit to us, e.g. via our contact form, will be stored for the purpose of processing or for contacting you. The legal basis for such processing is Art. 6 para. 1 f GDPR.

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c) Sharing your data

We will share your data with third parties who store your data on their servers. The types of third parties with whom we share your data include:

• IT service providers: including cloud providers for data storage purposes;
• External support service providers;
• Public bodies if the appropriate statutory provisions exist (e.g. tax authorities and customs authorities) on the basis of Art. 6 para 1 c GDPR.​

We only share your data with our personnel. We may also share your data if we should enter into a joint venture, buy, sell or merge with another company. In such a case, your data may be shared with the target company, our new business partners or owners or their advisors.

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d) Cookies

Cookies are small text files which are stored on a computer system via an Internet browser. The use of cookies enables us to provide users of the Online Services with more user-friendly services that would not be possible without the setting of cookies

Before we use analysis or tracking technologies in the context of which cookies are used or processed, we ask users for their consent, which can be revoked at any time. Before the consent has not been given, only those cookies will be used that are necessary for the operation of the Online Services. In the case of consent, the legal basis for the processing of personal data is Art. 6 para. 1 a GDPR.

e) Duration of storage

The duration of the data storage depends on the statutory storage obligations and is generally 10 years.

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2.2 Processing of customer/ prospective customer data
a) Data concerned

Personal data provided for the execution of a contract and, if applicable, additional data for processing on the basis of your express consent (e.g. title, first name, surname, address, telephone number, fax number, e-mail address, position, job title, data regarding the contractual relationship, etc. (e.g. type of contract, product interest, bank data).

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b) The purpose of processing and legal basis

We collect your data for contract initiation and contract execution (e.g. for offers, orders, sales and invoicing, quality assurance, product and service-related communication) as well as to provide, personalize, maintain and improve our products and Services. The legal basis for this is Art. 6 para. 1 lit. b and f DS-GVO.

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c) Sharing your data

We will share your data with third parties who store your data on their servers. The types of third parties with whom we share your data include:

• external service providers or other contractors (e.g. for data processing and hosting, for order processing and execution, for shipping, transport and logistics, feedback and survey providers, customer service and call centers;
• other external bodies, provided that the data subject has given his or her consent or if transmission is permitted for reasons of overriding interest, e.g. for creditworthiness information, for the electronic transmission of information, for quality assurance purposes on the basis of Art. 6 Para. 1 letters a and f GDPR.
• Public bodies if the appropriate statutory provisions exist (e.g. tax authorities and customs authorities) on the basis of Art. 6 para 1 c GDPR.

We only share your data with our personnel. We may also share your data if we should enter into a joint venture, buy, sell or merge with another company. In such a case, your data may be shared with the target company, our new business partners or owners or their advisors.

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d) Duration of storage​

The duration of the data storage depends on the statutory storage obligations and is generally 10 years.

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2.3 Processing of carrier data
a) Data concerned

We collect your data in various ways, such when you create a customer account with byways via one of our internet portals or otherwise, when you use our Online-Services or other Services offered by us or if you execute transport orders that are registered with the byways system. The following data may be collected:​

Personal data provided for registering and using the byways platform (e.g. title, first name, surname, address, telephone number, fax number, e-mail address, position, job title) as well as data which you pass on to our customer support for the processing of a request.

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b) The purpose of processing and legal basis

We collect your data for account initiation and service execution (e.g. for bookings, tracking quality assurance, product and service-related communication), to provide, personalize, maintain and improve our products and services and to provide you with news or information or to contact you for feedback on our Services. The legal basis for this is Art. 6 Para. 1 letters b and f DS-GVO.

We also use your data to track the status of the freight you are transporting and related data, e.g. to determine the time of arrival and departure of a vehicle at the loading or unloading points and to inform our customers about the status of a transport. The legal basis for this is Art. 6 para. 1 lit. f DS-GVO.

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d) Sharing your data

We will share your data with third parties who store your data on their servers. The types of third parties with whom we share your data include:

• our customers and clients as well as other users or third parties who need or request this data in connection with our products and Services, such as operators of pick-up points or reception facilities;
• external service providers or other contractors (e.g. for data processing and hosting, for order processing and execution, for shipping, transport and logistics, feedback and survey providers, telematic service providers and call centres);
• other external bodies, provided that the data subject has given his or her consent or if transmission is permitted for reasons of overriding interest, e.g. for creditworthiness information, for the electronic transmission of information, for quality assurance purposes on the basis of Art. 6 Para. 1 letters a and f GDPR.

​We only share your data with our personnel. We may also share your data if we should enter into a joint venture, buy, sell or merge with another company. In such a case, your data may be shared with the target company, our new business partners or owners or their advisors.

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e) Duration of storage​

The duration of the data storage depends on the statutory storage obligations and is generally 10 years.

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2.4 Processing of driver data
a) Data concerned

​We collect your data when you carry out transport orders that are registered with byways. The following data may be collected:

• Personal data provided by your contractor or employer for the execution of a contract as well as any additional data for processing on the basis of your express consent (e.g. title, first name, surname, telephone number, e-mail address, position, registration number of your vehicle, transaction information in connection with the execution of transports, including place and time of the Services requested and provided, as well as data which you share with our customer support for the processing of a request.
• Personal data provided when checking in at the loading location of our customers (e.g. name, surname, phone number, email, license plate, trailer license plate)

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c) The purpose of processing and legal basis

We collect your data for contract contract execution with our contractors and customers (e.g. quality assurance, product and service-related communication), to provide, personalize, maintain and improve our products and services and to contact you for feedback on our Services. The legal basis for this is Art. 6 Para. 1 lit. f GDPR.

We also use your data to track the status and location of the freight you are transporting and related data, e.g. to determine the time of arrival and departure of a vehicle at the loading or unloading points and to inform our customers about the status of a transport. The legal basis for this is Art. 6 para. 1 lit. f DS-GVO.

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d) Sharing your data​

We will share your data with third parties who store your data on their servers. The types of third parties with whom we share your data include:

• Your contractor or employer and our contractors and customers as well as other users or third parties who need or request this data in connection with our products and Services, such as operators of pick-up points or reception facilities;
• external service providers or other contractors (e.g. for data processing and hosting, for order processing and execution, for shipping, transport and logistics, feedback and survey providers, telematic service providers and call centres);
• other external bodies, provided that the data subject has given his or her consent or if transmission is permitted for reasons of overriding interest, e.g. for creditworthiness information, for the electronic transmission of information, for quality assurance purposes on the basis of Art. 6 Para. 1 letters a and f GDPR.
• Public bodies if the appropriate statutory provisions exist (e.g. tax authorities and customs authorities) on the basis of Art. 6 para 1 c GDPR.

We only share your data with our personnel and with personnel of our customer companies if this is necessary for the purposes described above.

We may also share your data if we should enter into a joint venture, buy, sell or merge with another company. In such a case, your data may be shared with the target company, our new business partners or owners or their advisors.

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e) Duration of storage

The duration of the data storage depends on the statutory storage obligations and is generally 10 years. Specific information that is collected during check-in at loading locations of our customers will be deleted after the un/loading process is finalized - the latest after 24 hours.

3. SECURITY

a) We use strong technologies and policies to ensure that your personal data we hold is appropriately protected.

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b) We take measures to protect your data from unauthorized access and unlawful processing, accidental loss, destruction and damage.

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c) Unfortunately, the transmission of data over the internet is not completely secure. Although we take steps to protect your personal data, we cannot guarantee the security of the information you transmit to us; any transmission is at your own risk. Once we have received your information, we will apply strict procedures and security features to prevent unauthorized access.

4. YOUR RIGHTS

According to data protection legislation, you may have a number of rights regarding the data we hold about you. If you wish to exercise any of these rights, please contact us at the contact details set out above.

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a) The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your data and what your rights are. For this reason, we provide you with the information in this privacy statement.

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b) The right of access. You have the right to access your data (if we process it). This will enable you, for example, to check that we use your data in accordance with data protection law.

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c) The right to rectification. You have the right to have your data corrected if it is inaccurate or incomplete. You may request that we rectify any errors in the data we hold.

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d) The right to erasure. This "right to be forgotten" enables you to request the deletion or removal of certain data that we have stored about you. This right is not absolute and only applies in certain circumstances.

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e) The right to restrict processing (blocking of data). You have the right to “block” or “restrict” the further use of your data. If processing is restricted, we may still store your data, but will not process it further.

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f) The right to data portability. You have the right to obtain your personal data in an accessible and transferable format so that you can re-use it for your own purposes across different service providers. However, this is not an absolute right and there are exceptions.

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g) The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with a competent data protection authority.

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h) The right to withdraw consent. You have the right to withdraw any consent given to us (if we rely on the consent as a legal basis for the processing of certain data) at any time with effect for the future. The legality of the processing carried out on the basis of the consent prior to the withdrawal remains unaffected.

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i) The right to object to processing. You have the right to object to the processing of personal data concerning you based on Art. 6 Sec. 1 e or f GDPR. This also applies, inter alia, to any direct marketing, analysis and tracking based on these provisions.

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j) Automated decision in individual cases. You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or that might similarly significantly affect you. This does not apply if the decision

• is necessary for the conclusion or performance of a contract between you and us;
• is authorised by legislation of the Union or of the Member States and contains adequate measures to safeguard your rights and freedoms and your legitimate interests;
• is based on your explicit consent.

byways does not use any of the automatic decision making or profiling described above.

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