Privacy policy

Status February 2021

We are pleased about your visit to our website www.classic-trader.com. The protection of your personal data is an important concern for us and we want you to feel safe when visiting our website. Data protection and data security have a high priority for us. We comply with data protection regulations, in particular the EU General Data Protection Regulation (“GDPR”) and the German Federal Data Protection Act (“BDSG”) and would like to explain to you in this data protection information which personal data we collect, process and use during your visit and use of our websites and for what purpose. This privacy policy is valid as of 28.02.2021.

1. GENERAL

   This Privacy Policy applies to the website www.classic-trader.com and all related websites, applications, services and tools in which this Privacy Policy is referenced, regardless of the method of access and including access via mobile devices. Classic Trader GmbH, Jacobsenweg 51-59, 13509 Berlin, Germany, phone: +49 30 437 75 19 19, fax: +49 30 437 75 19 10, email: mail@classic-trader.com. is the data controller within the meaning of the GDPR. Our *data protection officer can be reached via the aforementioned contact channels and at datenschutz@classic-trader.com. Insofar as this data protection information refers to “we” or “us”, this refers in each case to Classic Trader GmbH.

   Changes to this Privacy Policy: We may amend this Privacy Notice at any time by posting the amended version on this website, including the effective date of the amended version. We will post any material changes to this Privacy Policy by email.

   In compliance with data protection regulations, we will only process your personal data if we are permitted to do so by law or if you have given your consent. This also applies to the processing of personal data for advertising and marketing purposes.

   On our website, we may also collect information that in itself does not allow us to draw any direct conclusions about your person. In certain cases - especially when combined with other data - this information may nevertheless be considered “personal data” in the sense of data protection law. Furthermore, we may also collect information on our website that does not allow us to identify you directly or indirectly; this is the case, for example, with aggregated information about all users of our website.

2. WHAT PERSONAL DATA WE COLLECT

   You can generally visit our website without providing any personal information (such as your name, mailing address, or email address). We collect, use and store personal data from you and the devices (including mobile devices) you use when:

   • You use our Services
   • You create an account
   • You provide information to us through a web form
   • You add or update information to your account
   • You participate in community discussions or chats
   • or if you contact us in any other way.

   We also use plug-ins from social networks by means of which those social networks may collect data. Some of your personal data (e-mail address, billing address data, if applicable) is required in order to conclude and execute the user agreement. The provision of all other personal data is voluntary, but may be necessary to use our services, such as the offer or contact information required to place an advertisement or the data required to prepare an expert opinion commissioned by you. We may also collect personal data from other sources as listed below.

   Personal information that you provide when you use our Services or create an account:

   • Data that personally identifies you, such as your name, addresses, telephone numbers, email addresses, that you provide when registering, creating a user account or logging in with us, or that you otherwise provide to us (such as in a survey or to complete a request for information).
   • Posting of ads, responses to ads, data you provide in a transaction or financing request, and other transaction-related content you generate (e.g., listings and other content you generate or that relates to your user account, your search requests, views and saves of listings or searches, use of the contact feature in listings, appraisal requests, or financing requests).
   • Payment information (e.g., credit card or bank account numbers).
   • In certain cases, you may indicate your interests and personal preferences when using our services.
   • Data you provide through a web form, by updating or adding data to your account, by participating in community discussions, chats, or when we communicate with you for other reasons (clarification of issues and correspondence/feedback, etc.).
   • Data that we are required or authorized to collect and process under applicable law and that we need to authenticate you, identify you, or verify the data we collect (e.g., we may also need a copy of your ID or invoice to verify your address or identity if we suspect a violation of our Terms of Service, if permitted by law).
   • Newsletter registration: If you would like to receive the newsletter offered by Classic Trader GmbH, we require a valid e-mail address from you. In order to be able to check whether you are the owner of the specified e-mail address or whether its owner agrees to receive the newsletter, we send an automated e-mail to the specified e-mail address after the first registration step. Only after confirmation of the newsletter registration via a link in the confirmation e-mail do we include the specified e-mail address in our distribution list. We do not collect any further data beyond the e-mail address and the information for confirming the registration. “Yes, please inform me regularly by e-mail about surveys, news and offers on Classic Trader. I can revoke this consent at any time with effect for the future.”

   Personal data that we automatically collect when you use our services or create an account:

   • We collect data by default about your interaction with our Services, your advertising preferences and your communication with us. This is information we receive from devices (including mobile devices) you use when accessing our Services. This data may include: Device ID or unique identifier, device type, advertising ID, and unique device token. This data is only associated with you if you log in as a registered user or if you have provided us with your email address or other identifying information when using our websites, applications, services or tools.
   • Location information and geolocation data, including that from your mobile device. Please note that most mobile devices allow you to control or disable the use of location services through an application on your mobile device in the device’s settings menu.
   • Computer and connection information such as statistics about your page views, traffic to and from the Sites, referral URL, advertising display data, your IP address, the pages you visit within our Site and Services, and information from web server log files.

   Personal information we collect using cookies, web beacons and similar technologies:

   • We set cookies and use web beacons, unique identifiers, and similar technologies to collect information about the pages you view, the links you click, and other actions you take within our Services and in our promotional or email content.
   • For more information about our use of these technologies and how you can limit them, please see our Cookie Statement.

   Personal Data from Other Sources:

   • We supplement the personal information we collect directly from you with information collected from third parties and add it to your account information as permitted by applicable law. Information we collect from third parties includes, for example, demographic information that is publicly available, additional contact information, credit check information, and information from credit reporting agencies or government agencies.
   • Social Networks: we allow you to share information through social networks or to link your account to the relevant social network page. These social networks may automatically grant us access to certain personal data stored about you there (e.g., content you have viewed, content you have liked, and information about advertisements you have been shown or clicked on, etc.). You control what personal information we can access through the privacy settings on each social network’s website and through the permissions you give us when granting access. If you link an account managed by a social media website to your account and allow us to access that information, we will process the information provided by those social media websites in accordance with this Privacy Policy.

   Personal data collected by social networks (social media plug-ins):

   • Plug-ins from various social networks are integrated on our website. These include Facebook Inc, USA („Facebook“; overview of Facebook plug-ins), Twitter Inc., USA („Twitter“, overview of the „Tweet-Button“ or „Follow-Button“), Pinterest Inc., USA („Pinterest“, on the Pint-It-Button) and Instagram LLC, USA („Instagram“, overview of the “Camera” buttons) (information on this can be obtained by clicking on the link of the respective network). When you visit a page of our website that contains such a plug-in, a direct connection between your browser and the server of the respective social network is established via the plug-in. The provider of the social network thereby receives the information that you have visited our website with your IP address. If you click on the plug-in while logged into your respective user account, you can link the content of our website on your respective social network profile. This allows the social network to associate the visit to our website with your user account. We would like to point out that we, as the provider of our website, have no knowledge of the content of the transmitted data or its use by the provider of the social network. For more information, please refer to the privacy policy of the social networks, which you can access here for the social networks Facebook, Twitter, Pinterest and Instagram.
   • Please note that you must be logged out of the user account of the respective social network if you visit our website and do not want the social network to be able to assign your visit to our website to your respective user account.

3. FOR WHAT PURPOSES AND ON WHAT LEGAL BASES WE USE YOUR PERSONAL DATA.

   We use your personal data for different business purposes and according to different legal bases for processing. Below is a summary of how and under which legal bases we use your personal data:

   To fulfill and perform a contract with you and to provide our services (Art. 6(1)(b) GDPR), to comply with legal obligations (Art. 6(1)(c) GDPR) or to protect your vital interests (Art. 6(1)(d) GDPR):

   • To provide access to and use of our Services (including billing), in particular to publish advertisements and other User Content and to enable the execution of financing requests, to commission and prepare appraisals in the context of CT Inspections (including any requested transmission of the prepared appraisal to an insurance company designated by you), and to measure and improve the quality and success of our Services, to keep our Services secure and operational, and to adapt the content of the Website and Services to what you might like based on the actions you take;
   • to match data for accuracy and verify it with the help of third party vendors;
   • to provide you with the customer service you request by email or telephone;
   • to provide you with access to your stored vehicles and searches and other features we offer;
   • to contact you regarding your account, troubleshoot problems with your account, resolve disputes, enforce fee claims, or provide you with other necessary customer services (when we contact you for the foregoing purposes, we may contact you by email, phone, text message, or mail);
   • to provide you with location-based services (such as advertising, search results and other personalized content) using general location information;
   • to detect, prevent and investigate fraud, security breaches or other potentially prohibited or unlawful activities;
   • to enforce our Terms of Service, this Privacy Policy or other policies.

   In pursuit of our legitimate interests, unless your interests or fundamental rights and freedoms are overridden (Art. 6(1)(f) GDPR)::

   • To improve our Services, e.g. by reviewing information related to blocked or crashed pages so that we can identify and fix problems and provide you with a better user experience;
   • to perform our Services under CT Inspections, e.g., to control and monitor the services provided by reviewers through their respective franchisors and to collectively bill the franchisors for the services provided by reviewers;
   • to contact you by email or mail, as permitted by applicable law, to offer you coupons, discounts and special promotions, to solicit your opinions through surveys or questionnaires, and to inform you about our services;
   • to determine your exact geographic location so that we can provide you with location-based services:
   • to review the quality and success of our email marketing campaigns (e.g., by analyzing open and click-through rates);
   • to monitor and improve the information security of our services.

   We have implemented control mechanisms to align our interests with your rights.

   With your consent (Art. 6 para. 1 lit. (a) GDPR):

   • to personalize, measure and improve our advertisements and advertisements of third parties in our online offers based on what you may like
   • To provide you with the Classic Trader newsletter;
   • Ihnen den Classic-Trader-Newsletter zur Verfügung zu stellen;
   • to provide you with advertisements from third parties;
   • to customize third-party advertisements that you may see on third-party websites;
   • to provide your personal information to our applicable partners for financing offers or payment options.

   Where applicable, you have expressly given us the following consent and we have recorded your consent: Yes, please inform me regularly by e-mail about surveys, news and offers from Classic Trader. I can revoke this consent at any time with effect for the future.“ You have the right to revoke your consent at any time with effect for the future and to exercise your right to object. Objection to the use of your personal data If you do not wish to receive marketing and advertising messages from us, you can indicate this in direct contact with us (e.g. by email to service@classic-trader.com) or unsubscribe via the unsubscribe link in the marketing or advertising message.

   We may use technologies that qualify as automated decision-making or profiling (profiling) (Art. 22 GDPR). We will not make automated decisions about you that would significantly affect you unless such a decision is required under a contract entered into with you, we have obtained your consent, or we are required by law to use such technology.

4. DISCLOSURE AND TRANSFER OF YOUR DATA BY US

   Your personal data will generally be processed within our company. Depending on the type of personal data, only certain departments / organizational units have access to your personal data. These include, in particular, the specialist departments involved in the provision of our digital offerings (e.g. website) and our IT department.

   We may transfer your personal data to third parties for the following purposes:

   • To Classic Trader sellers (dealers and private sellers), e.g. in order to carry out a contact request initiated by you to the respective dealer;
   • To appraisers cooperating with us who are commissioned by you in the context of CT Inspections. In the context of the request to take over a specific appraisal order, only your city and postal code will be transmitted; a list of appraisers cooperating with us can be found here.
   • To insurance companies named by you, who are to receive appraisals prepared within the scope of CT Inspections according to your wishes.
   • To law enforcement agencies, third parties in legal proceedings, and third parties authorized by law::
     • To comply with our legal obligations, to enforce our General Terms Of Use, to defend claims that an offer or other content violates the rights of third parties, or to protect the rights, property or safety of third parties;
     • To law enforcement authorities, government agencies or authorized third parties pursuant to a request for information in connection with an investigation or suspicion of a criminal offense, illegal act or other action from which we, you or another user may incur legal liability. We will only disclose information relevant to the investigation or inquiry, such as name, city, zip code, phone number, email address, IP address, listing content, fraud complaints;
     • To rights holders who have entered into a confidentiality agreement with us, in connection with an investigation of fraud, intellectual property infringement or other unlawful activity, as we, in our sole discretion, deem necessary or appropriate. In such cases, we will share the name, address, city, zip code, country, phone number, email address, company name and listing information; the confidentiality agreement provides, among other things, that the information may only be used in connection with legal proceedings and/or to obtain legal information and/or to answer questions by the user who placed the listing;
     • To third parties who initiate or are involved in legal proceedings, provided that they present us with a legal order, court order or equivalent legal disposition, or if we have a good faith belief that disclosure of the data is necessary to avert imminent danger to life or limb or financial loss, or to report a suspected unlawful act.
   • To credit reporting agencies, to the extent permitted by applicable law.
   • To contracted service providers, such as third-party service providers that assist us in our business operations, and with whom we cooperate in accordance with our Terms of Service or Policy, in the event of fraud and/or security breaches. To the extent that we transfer personal data to such third party service providers (including with the content of your listings), we do so only on the basis of a written contract (commissioned processing) that restricts the third party service provider’s use of the personal data and requires the third party service provider to implement security measures with respect to such data. These third parties include:
     • Third parties who, in the operation of the website and in the provision of our services (including the feedback solution, hosting and emailing) and advanced display options, in particular the integration
     • Advertising Support. The location information of registered commercial automobile dealers for the purpose of displaying map material with location information in advertisements is transferred to external service providers that may be located outside the European Economic Area (EEA), subject to appropriate guarantees to ensure a comparable level of data protection. You can inquire about the specific third party service providers at any time by contacting us using the contact information provided.
       • Third-party website, application and tool providers with whom we cooperate in accordance with our General Terms of Use in order for them to publish or advertise your listings and their content on their website or in their applications and tools. In particular, the third party providers are not permitted to sell, rent or in any other way disclose to third parties the personal data contained in your advertisements.
       • Third parties that assist us with payment processing and in connection with invoice collections;
       • Transportation service providers;
       • Third parties within the framework of partner programs or cooperation partners, such as warranty providers for classic vehicles, (value) appraisers or insurance companies for classic vehicles; in addition, we also pass on the contents of the advertisements to print magazines in order to be able to advertise them there as well and to extend the reach of your advertisements;
       • Financial institutions and other partners from the financial sector with whom we work so that we can arrange financial products such as vehicle financing for you and offer an insurance or financing comparison. These financial partners will only use your personal data if and to the extent that you have given us consent to do so.
   • Other third party service providers to whom we send your data at your express request (or about whom you have been expressly notified and to whom you have given consent when using a particular service).
   • Intellectual property rights holders if the relevant intellectual property rights holder or a third party authorized by the holder believes in good faith that a Listing infringes the rights of the holder. Before the holder of industrial property rights receives personal data (such as name, address, city, postal code, country, telephone number, e-mail address and company), the holder must conclude a non-disclosure agreement which provides, among other things, that this data may only be used in connection with legal proceedings and/or obtaining legal information and/or answering questions from the user who placed the advertisement.

   Some of the recipients of your personal data are located outside the European Union or the Agreement on the European Economic Area (“Third Countries”) or your country, or have establishments in countries where the data protection laws may provide a different level of protection than the laws in your country. Before transferring your personal data to such recipients, we will provide appropriate safeguards to ensure an adequate level of data protection, e.g., by entering into data protection contracts adopted by the European Commission (e.g., standard data protection clauses (2010/87/EU, 2001/497/EC or 2004/915/EC)) with the recipients and additional measures, or other measures provided for by law. More information about this can be obtained upon request at the contact details provided.

   Information you post on our website and submit to other users Our online marketplace allows users to post and submit listings and other information to other users so that other users can access that information. Because our online marketplace also allows you to contact other users directly, we recommend that you pay close attention to how you post your personal information and to whom you submit it. The responsibility for what personal information you post and transmit to other users through our online marketplace rests solely with you, and we cannot guarantee the protection or security of any information so shared.

   Staying logged in When you log in to your account on our Services, you will remain logged in to your account for a period of time until you log out. In the event that you are visiting our website from a computer shared by multiple users or a computer in an Internet café, we strongly recommend that you log out properly after each session. If you do not want the shared computer to store information about you and/or your login details, you must delete the cookies and/or the history log for your website visits.

5. HOW LONG WE STORE YOUR DATA

   As a matter of principle, we store your personal data only as long as we have a legitimate interest in this storage and your interests in not continuing the storage do not outweigh this. Even without a legitimate interest, we may continue to store the data if we are required to do so by law or by the authorities, in particular by supervisory law, for example to comply with the obligations to retain data under commercial and tax law. We also delete your personal data without your intervention as soon as their knowledge is no longer necessary to fulfill the purpose of the processing or the storage is otherwise legally inadmissible. Our specific retention periods for personal data are documented in our retention policies. How long we retain personal data can vary significantly depending on the context of the services we provide and our legal obligations. Factors such as the sensitivity of the data in question, the need to retain your data to provide our service, your consent for longer retention, contractual or similar obligations to retain your personal data typically affect the retention period. As a rule

   • the data processed in connection with an order is deleted at the latest after expiry of the statutory retention periods; and
   • the data processed in connection with a registration as a user is deleted after the termination of the registration or with the deletion of the customer account.

   Those personal data that we have to store to fulfill retention obligations will be stored until the end of the respective retention obligation. Insofar as we store personal data exclusively for the fulfillment of retention obligations, this data is generally blocked so that it can only be accessed if this is necessary with regard to the purpose of the retention obligation.

6. DATA SECURITY

   Classic Trader takes all necessary technical and organizational security measures to protect your personal data from loss, unauthorized access or other misuse. For example, your data is stored in a secure operating environment that is not accessible to the public. Should you wish to contact us by e-mail, we would like to point out that the confidentiality of the information transmitted cannot be guaranteed. The content of e-mails can be viewed by third parties. We protect your data by technical and organizational security measures to minimize risks in connection with loss, misuse, unauthorized access and unauthorized disclosure and modification of this data. To this end, we use, for example, firewalls and data encryption, as well as physical access restrictions for our data centers and authorization controls for data access. If you nevertheless believe that your account has been misused, please report this to us at service@classic-trader.com.

7. YOUR RIGHTS: ACCESS, MODIFICATION, INFORMATION, RECTIFICATION, DELETION, BLOCKING AND OPPOSITION.

   You can access, review and change your personal data by logging into your account. Please update your personal information immediately if it changes or is incorrect. Please remember that you may not be able to change or remove a public post once you have published it. We respect your legal rights:

   • You have the right to know what personal data we hold about you (Article 15 of the GDPR). If your personal data is inaccurate or incomplete, you have the right to ask us to correct or complete it (Art. 16 GDPR).
   • You may also ask us to delete or restrict your personal data; this right is determined by applicable law and may affect your access to some of our services (Art. 17 and 18 GDPR).
   • We will provide you with a copy of your personal data in a structured, commonly used and machine-readable form upon request (Art. 20 GDPR).
   • You have the right to object to the processing of your personal data at any time in certain cases (in particular in the case of data processing based on our legitimate interest or in the case of direct marketing) in accordance with Art. 21 DSGVO.

   To request information and find out whether fees may apply for this in accordance with applicable law, please contact us using the contact details below. If you have a right to access or amend or delete your personal data, we may, in certain circumstances, refuse to provide such access or refuse to correct or delete your personal data in accordance with applicable national law. If you request us to stop processing all or part of your personal data or withdraw your consent to use or disclose your personal data for the purposes stated in this Privacy Policy, we may not be able to provide you with all of the services and customer support offered to our users under this Privacy Policy and our General Terms of Use.

   Please note, if you are a merchant, that your listing data may remain viewable in your sales history in the event of a successful sale. This happens if you mark your advertisement as “sold”. Accordingly, advertisements will only be deleted in case of removal or expiration of an advertisement. Even in the case of merely paused advertisements, your data will not be automatically deleted.

   Upon your request, we will close your account and delete your personal data as soon as possible based on your account activity and in accordance with applicable law. To do so, please feel free to contact us at datenschutz@classic-trader.com.

8. OTHER INFORMATION

   Misuse and unsolicited communication (“spam”) We do not tolerate any misuse of our website. You are not allowed to put other users of our website on your (e-mail or postal) mailing list for commercial purposes. This also applies in the event that you have made a transaction with this user, unless the user has expressly given his or her consent. If you notice that someone is abusing our website (in the form of spam or spoof emails), please report this to us at service@classic-trader.com.

   Email/messaging tools Your name will appear as the sender when using our email messaging tools. You may not use our email/messaging tools to send spam or other content that violates our Terms of Use.

   Third Party Except as otherwise expressly stated in this Privacy Policy, the information in this Privacy Policy relates solely to our use and disclosure of information we collect from you. If you disclose your information to others, whether prospects or sellers on our online marketplace or other sites on the Internet, different rules may apply to their use or disclosure of the information you share. We have no control over the privacy policies of third parties that may apply to you in such cases. When we work with third parties to provide certain services or use third-party tools for that purpose, we will explicitly state which privacy policy applies to you. We encourage you to ask before sharing personal information with third parties and to learn about their privacy practices.

   Questions and contact If you have any questions about this privacy statement or the processing of your personal data, as well as in the event of requests for information or correction, suggestions or complaints, you can contact us at any time using the following contact details:

   Classic Trader GmbH Jacobsenweg 51-59 13509 Berlin Telephone: +49 30 437 751 90 Fax: +49 30 437 751 910 E-mail: service@classic-trader.com

   You can revoke your declaration of consent to the use of your personal data at any time with future effect by initiating the deletion of your user account by sending a message to us using the contact details above.

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