Privacy Policy

May, 2019

Policy regarding the processing of personal data

We, Motiva Network U.G., appreciate your decision to become our client or visitor and we acknowledge that your personal data are important both for your, as well as for us. For this purpose, we would like you to know which type of personal data we collect, how, in which occasions and for what purposes we collect and use these data, and to whom we can transmit them.

This is why we decided to inform you that, through this Policy of processing the personal data (”Policy of Data processing” or ”Policy”) regarding the following aspects:

1. Who are we?

2. To whom our services are addressed?

3. What are personal data and the processing of such data?

4. What data we process about you?

5. In which way we collect and process your data?

6. How long do we keep your data?

7. Making decisions automatically and creating profiles automatically

8. Who has access to your data?

9. If and when do we transfer your personal data outside the European Union?

10. What technical and security measures we provide for the protection of personal data?

11. What rights and obligations do you have in relation to us regarding your personal data that we process?

This Policy describes the occasions, purposes and modalities in which we process certain categories of your personal data through:

• The Website www.motiva-windowfilms.com administered by us through which you access this Policy regarding the processing of personal data („Website”), when you benefit from the services provided by us;

• E-mails in HTML format which we send to you, which contain a link to this Policy and through the various communications we have with you.

Thus, we would like you to give the necessary time to read carefully and understand the contents of this Policy. If you intend to send us personal data of another individual, you can do that only after and insofar you received his/her consent for this purpose and only after informing that person about the processing of his/her personal data, including the purposes mentioned in this Policy.

On the assumption that you have acted this way, we do not take responsibility in the opposite cases.

1. Who are we?

The company Motiva Network U.G. with registered seat in Felix-Wankel-Straße 27, 53881 Euskirchen, Germany, with the Trade Registry no. HRB 24747 Bonn, Tax Registration Code no.(VAT) DE 326533245, that administers the website www.motiva-windowfilms.com („Motiva Network” or „Operator” or „We”), is the operator of your personal data and the entity that provides you through the website, information on the products sold, respectively the professional films for car and architectural windows, films for car collages and car body protection, tools and devices necessary for the application of these films, as well as technical and professional advisory services, hereinafter referred to as "Services and Products".

For any questions or concerns regarding this Policy, how we process your personal data or your rights and obligations in relation with us regarding these data, you can contact us at the e-mail address: office@motiva-windowfilms.com, at the phone number +4922519292448, or you can send us a request by courier/post at our registered seat.

2. To whom our services and products are addressed?

The services and products offered by us ARE NOT addressed directly to persons under the age of 18 and therefore we do not collect/request personal data regarding persons of this age.

If we discover/are informed that we have collected personal data regarding persons of this age without the consent of their legal representatives, we will verify immediately and, when the law requires:

• we will immediately obtain the express consent of the representatives to process these data, and

• in case of impossibility of obtaining this consent, we will delete this information from our records and we will ensure their deletion also from the records of our authorized persons/our associated operators.

Also, our Services and Products are offered exclusively to legal entities based on a unique registration code of the real company.

3. What are personal data and the processing of such data?

“Personal data” are data that identify an individual or refer to an identifiable individual. Certain information is less obvious (such as the IP of the computer of an individual, the MAC address of the computer or the mobile phone of an individual etc.) but, if it’s associated with an individual, it help us identify it, and they fall under the notion of “Personal data”.

“Processing” means any operation or set of operations carried upon the personal data or sets of personal data, with or without the use of automated means, such as collecting, recording, organizing, structuring, storing, adapting or modifying, extraction, consultation, use, disclosure by transmission, dissemination or otherwise available, alignment or combination, restriction, deletion or destruction.

4. What personal data we process about you?

Our policy is to collect only your personal data as an individual that are necessary for us in order to offer you the best experience regarding the services offered by us. As a general rule, we collect, in accordance with the legal provisions in force, the following personal data about you:

• Name and surname

• E-mail address

• Phone number

• The name of the company you work for

• The registered seat of the company you work for

5. For what purposes and how we process your personal data?

We process your personal data strictly for the purposes of being able to offer you our Services and Products, as we will mention below:

• in certain cases, we will directly request you to provide us with your personal data, in other cases we will have access to these data indirectly.

• in all cases, if you do not agree with their processing, there is a risk that we will not be able to provide you with the requested Services and Products because we will not be able to perform your legal and / or contractual obligations.

Thus, your personal data processed for the purposes set out at letters E), F) and H) from the table below are necessary for us to sell the products and to provide the services we provide, or to conclude or execute the contracts concluded with you, or for the compliance with a legal obligation incumbent on us, so that your refusal for us to process these data may determine the impossibility of concluding a contractual report for the Services and products offered by us.

Also, unless we provide you with other instructions, we will not ask you and we recommend that you do not send / disclose to us unsolicited, on the occasion and / or in connection with the Products and the provision of our Services, in other ways, personal data sensitive (for ex., without limitation, the number of health card/social security card, the personal identification number, racial or ethnic origin, political opinions, religious confession / philosophical beliefs, union membership, genetic data, biometric data for the unique identification of an individual, health data, sex life or sexual orientation data, information on administrative or criminal penalties or ongoing criminal investigations, which concern you and / or other individuals). If this happens (possibly accidentally) we will immediately take measures to delete / destroy the personal data above from our records.

If we decide to process your personal data in purposes other than those mentioned above, respectively based on Art. 6, par. (1), letter a) of the General Regulation on data protection no. 679/2016, and of the internal normative acts approved for the implementation of the General Regulation on Data Protection, respectively based on your consent, we will send you a separate information notification, in order to allow you to express your express, free, specific, and informed consent under the conditions provided in this regulation.

6. How long do we keep your data?

We store your personal data strictly for the periods necessary for the fulfilment of each of the purposes for which these data are collected in accordance with this Policy, according to our policy of retention of personal data and applicable laws (eg, the special and general legislation applicable in the matter of archiving).

In order to determine the appropriate period for storing your Personal Data we process, we take into account their quantity, nature and sensitivity, the potential for risk of injury resulting from unauthorized processing and disclosure, the purposes for which we process this data and whether we can achieve these goals by other, less intrusive means, applicable legal requirements that require us to store for certain periods of time, and any agreed practices in the field regarding the retention time of information, as well as how we can ensure that the data processed is correct and current.

If you have given us consent to the processing of your Personal Data highlighted in the table above, we will process these data until the stated purposes or until the date of withdrawal of your consent, whichever of these occur first, unless we have the legal obligation to retain this data for a longer period.

At the end of the retention periods set out above, when the Company no longer has legal reasons, legitimate interests, or your consent to process your Personal Data (if applicable), these data will be deleted from our records in accordance with our internal procedures, which may also involve archiving, anonymizing or destroying such data.

7. Making decisions automatically and creating profiles automatically

The personal data referred to in this Policy are not subject to automated decision-making processes, including for the creation of profiles.

8. Who has access to your Personal Data?

Our purpose is to give you the best experience when you call our Services and to do so, we may grant access to your Personal Data (in full / in part) to some of our employees who have assumed confidentiality obligations in relation to the personal data they have access to in the performance of their duties, and to the business partners we have selected with responsibility, strictly to the extent necessary for them to fulfil their contractual obligations towards us.

When we outsource certain activities / services / obligations that involve the processing of your Personal Data to our business partners, we make every reasonable effort to check in advance whether they ensure the protection of your data by strict technical and security measures and we conclude with each of these contracts (separate or in the form of addenda for processing these data). Thus, your personal data that we disclose to our business partners are limited to the minimum personal information that is required for the provision of those activities / services / obligations and we prohibit them from using them for any other purpose without informing you and the agreements required by law.

Some of these business partners are third parties who do not have the role of processing personal data, but may have access to them in the performance of their tasks / activities / obligations or in their interactions with us (for ex., companies providing technical maintenance services, financial-accounting auditors, legal consultants, etc.).

Specifically, we transmit some data to third parties (our suppliers and partners) to perform the functions and services necessary to operate the activities we perform, such as the supplier that provides the hosting of our Website.

Transmission of personal data to public authorities / institutions or judicial bodies: we may transmit some of your Personal Data to the competent public authorities / institutions, when required by law (for example for fraud investigations; preventing and combating money laundering; submission of financial statements / financial-fiscal statements to the authorities, indicating possible criminal acts or threats to public safety, if we suspect that you were involved or affected in an incident involving criminal or potentially criminal behaviour, if we suspect that a fraud or cyber crime has been committed, if we receive threats or malicious communications towards us or against third parties, etc.), or to the courts when we defend ourselves in court.

Reorganization of our activity: we can transfer your Personal Data to third parties in the event of a reorganization, merger, alienation of participations within the company that operates the website www.motiva-windowfilms.com, associations or alienation of part or all of the business activity. For this purpose, we will ensure that any potential buyer will follow and implement the technical and security measures necessary to protect your Personal Data, and the parties will sign in advance a contract for the processing of personal data for the purpose of their transaction.

9. If and when do we transfer your Personal Data outside the European Union or the European Economic Area EEA?

As a general rule, your personal data will not be stored or transferred to a country outside the European Union or the European Economic Area ("EEA").

If we transfer your Personal Data to other partners / suppliers located in countries that do not provide an adequate level of protection, we undertake to take all necessary and reasonably possible measures to ensure that the respective partners / suppliers comply with the terms and conditions set out in this Policy. Thus, we will ensure that such transfers comply with the provisions of European Union law on the protection of personal data, either by implementing Standard Contract Clauses approved by the European Commission that provide adequate protection, by implementing a transfer to an entity that holds the Privacy Shield certification (EU-US Privacy Shield) in the case of a transfer to the USA, or by other means provided by the applicable legal provisions.

10. What security measures do we provide for the protection of your data?

The necessary technical and organizational measures have been implemented to ensure an adequate level of security for the collection, processing and storage of data securely, including against unauthorized access, unauthorized use of data, or destruction, loss or alteration of data. Such measures include, without being limited to encryption techniques, restricted access to physical systems and IT systems, confidentiality obligations.

In addition, we make all reasonable efforts to ensure (including through contracts concluded with them) that our business partners who may have access to your Personal Data in the context of the services provided to us manage appropriate technical and organizational measures for processing.

Also, in the case of online bookings on our Website we use SSL encryption technology for data protection. Any information provided in this way by data subjects is automatically encrypted and protected during its transmission over the network. Once the information reaches our server, it is decrypted using a unique private key. SSL allows your browser to connect to a web page and select a secure communications channel transparently and in agreement with the server. SSL is the most used and most popular secure transaction system today.

If there is a security breach involving your Data, we will make all notifications and take all necessary measures provided for by the legal provisions in force.

Transmission of information to us: the transmission of information on the Internet is not entirely secure and, when you send us personal information/data in this way (for example, by email, through our Website, or by any other means), you take risks.

We cannot be responsible for any kind of expenses, loss of profit, reputational damage, damages, debts or any other form of loss or damage suffered by you as a result of your decision to transmit information to us on the Internet by any means, in addition to our imperative legal obligations (including in the field of personal data protection) and those assumed through the contracts concluded with you.

11. What are your rights regarding the Personal Data we process?

In the context of processing your Personal Data, you have the following rights:

1. The right of access to personal data processed: you have the right to obtain confirmation that your Personal Data are or are not processed and, if so, to have access to the type of Personal Data and the conditions under which they are processed, by sending a request to this effect to us as a data operator;

2. The right to request the rectification or deletion of personal data (the right to be forgotten): you have the possibility to request, by addressing a request in this regard to us as a data operator, the rectification of inexact personal data, the completion of incomplete data or the deletion of your personal data if:

• data are no longer required for the initial purpose (and there is no new legal purpose)

• the legal basis of the processing is the consent of the data subject, and the data subject withdraws his consent and there is no other legal basis,

• the data subject exercises his/her right to oppose, and the operator has no legitimate reasons to prevail in order to continue processing,

• data were processed illegally,

• the deletion is necessary to comply with EU law or if

• the data have been collected in connection with information society services provided to children (if applicable), when specific consent requirements are applied. This is not an absolute right.

We may reject your request for data deletion if:

• we are obliged to comply with legal obligations to keep the data; or

• if the data is necessary for us to ascertain, exercise or defend our legitimate rights and/or interests in court;

3. The right to request processing restriction: you have the right to obtain processing restriction in cases where:

• you consider that the personal data processed are inaccurate, for a period that allows us as an operator to verify the accuracy of the personal data;

• processing is illegal, but you do not want to delete your personal data, but to restrict the use of this data;

• if we, as data operator, no longer need your personal data for the purposes mentioned above, but you need data to find, exercise or defend a right in court; or if

• you objected to the processing, for the period of time in which we check to see if our legitimate grounds as data operator prevail over the rights of the data subject;

4. The right to withdraw your consent to the processing, when the processing is based on the consent, without affecting the legality of the processing carried out so far;

5. The right to object to data processing for reasons related to the particular situation you are in, when the processing is based on legitimate interest, and to oppose, at any time, the processing of data for direct marketing purposes, including the creation of profiles;

6. The right not to be the subject of a decision based solely on automated processing, including profile creation, which produces legal effects that affect or affect the data subject in a similar manner in a significant way;

7. The right to data portability, meaning the right to receive your personal data that you provided to us as a data operator in a structured, commonly used and automatically readable form, as well as the right to transfer that data to another operator, if the processing is based on your consent or the execution of a contract and is carried out by automatic means;

8. The right to file a complaint to the Personal Data Protection Authority , the competent authority for us is: www.ldi.nrw.de

The above rights can be exercised at any time. For this purpose, you can send written requests, dated and signed at our registered seat in: Felix-Wankel-Straße 27, 53881 Euskirchen, Germany, e-mail at: office@motiva-windowfilms.com or automatically in the menu with preferences about cookies and GDPR on the website.

Regardless of the type of request regarding the exercise of a right according to the above, we will respond to your request within 1 month of the request, except when we need a longer time to answer you (maximum 3 months after receiving the request) taking into account the complexity and number of requests received. We will inform you of any such extension, within one month of receiving the request, presenting also the reasons for the delay. The exercise of the rights by the data subject is free for a single request during a year.

POLICY UPDATE

This Data Processing Policy is subject to subsequent changes (eg, due to legislative and practical changes in the matter, or changes in our business activities, etc.), the latest version of the Policy being posted on our Website. If you would like to be informed of an earlier version of our Policy, you may send us a request at the following e-mail address.: office@motiva-windowfilms.com

If we will make minor changes to our Data Processing Policy (which does not refer to the modification of categories of data processed, types of processing, purposes and methods of processing), we will update this Policy with a new effective date mentioned at the beginning of it. The processing of your information will be governed by the provisions of the new version of the Data Processing Policy only from its effective date.

If we make major changes to our Data Processing Policy (which refers to the modification of categories of data processed, types of processing, purposes and methods of processing), we will inform you in advance about this change either via e- mail (if possible), or by posting an ad to this effect on our Website.

Whenever required by law, we will obtain your express, specific, informed and written consent prior to the processing of your Personal Data for purposes and modalities other than those for which we obtained your prior consent.

This Policy is supplemented by the other specific policies, respectively: (a) Policy for data processing through CCTV systems, and the Policy for the use of cookies, available on the Website.