Privacy policy

Name and address of the person responsible

The responsible person in terms of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is:

Railware, Andrea Hinz
Außener Straße 57
66701 Beckingen
Deutschland
Fon.: +49 (0)6832 80 73 660
E-Mail: [email protected]
Website: railware.de, railservizz.de

Railware is a sole proprietorship and has no employees. A data protection officer is therefore not required.

Our summary for you

We do not send you newsletters by e-mail or post. If you receive any, they are not from us! Exceptions are order and dispatch confirmations from the shop, notifications of changes from our RailServizz and invoices to our subscribers.

We do not pass on personal data to third parties. Unless this is absolutely necessary to fulfil the functions offered.

We do not use cookies for analysis purposes. Therefore, an info banner is not necessary. We only use cookies during your stay in the web shop. Your browser gives you full control over cookies.
We save your address for processing in our webshop. It will be deleted at your request. We use PayPal as payment service. We have an agreement for this. During the payment process, we will direct you to PayPal and transmit the data necessary for fulfillment. This process is beyond our control. Therefore, please also note PayPal’s privacy policy.

If contact data and password are suggested to you when you log in to protected areas of our server, this is a function of your browser. This behaviour can be changed in your browser settings.

There is a retention obligation of 10 years towards the tax authorities. We are therefore obliged to keep delivery notes, invoices, credit notes and correspondence. Your data will also be retained if this is required by other authorities, e.g. as evidence.

When you purchase software, we protect your user license and our legitimate interests with a hardware dongle. This dongle contains your name in a strongly encrypted form, which is only visible to the licensed program and establishes the connection between you and the software. It also contains a strongly encrypted license code, the licensed product ID and software version. This information is stored permanently and encrypted to allow updates and upgrades. You also get access to our protected Wiki system.

The ticket system is used for communication with you. For this purpose we store personal data. These are deleted after 30 days when you or we close the ticket.

We are happy to fulfil our duty to inform you. Please submit your request in writing. For reasons of data protection, we are unfortunately unable to answer telephone enquiries or enquiries by e-mail.

Your personal data will be deleted if you request this. This is done after a check by an automated procedure. Please note that in this case we can no longer provide you with updates or upgrades, as no connection can be made between your person and a user license.

A good information site for customers is Your-Data-Your-Rights.

The part required by the basic data protection regulation

Scope of the processing of personal data

As a matter of principle, we process personal data of our users only to the extent necessary to provide the website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is required or permitted by legal regulations.

Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Basic Regulation (DSGVO) serves as the legal basis.

When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) (f) FADP serves as the legal basis for the processing.

Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

Provision of the website and logfile of the server

Whenever our website is called up, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  • Information about the browser type and version used.
  • The user’s operating system.
  • The Internet service provider of the user.
  • The IP address of the user.
  • Date and time of access.
  • Websites from which the user’s system accesses our website.
  • Websites that are called up by the user’s system via our website.

The data is stored in the log files of our system. This data is not stored together with other personal data of the user.

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

It is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO.

The data will be deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data for the purpose of providing the website, this is the case when the respective session has ended. If the data is stored in the log files, it is deleted by an automated procedure after 30 days at the latest.

The collection of the data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

Use of cookies

Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to enable the shop to assign items to a user when an order is placed.
The following data is stored and transmitted in the cookies:

  • Shopping cart.
  • A temporary, random identification number.
  • Memorizing search terms.

An assignment of the data to the calling user is not possible. The data is not stored together with other personal data of the user.

The user data collected through technically necessary cookies is not used to create user profiles.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website.

Registration of licenses

On our website we offer users the possibility to register by providing personal data. The data is entered into an input mask, transmitted to us and stored. The data will not be passed on to third parties. The following data is collected during the registration process:

  • First and last name
  • Street and house number
  • Postcode and town
  • State
  • E-mail address

At the time of registration, the following data is also stored:

  • The IP address of the user
  • Date and time of registration

During the registration process, the user’s consent to the processing of this data is obtained.

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.

Registration of the user is required for the provision of certain contents and services on our website.

  • Access to technical descriptions that are only available to licensed customers.
  • Registration in the webshop for placing an order, listing of orders already placed or changes of address.
  • Registration of the user is required for the fulfilment of a contract with the user or to carry out pre-contractual measures.

The other personal data processed during the sending process serves to prevent misuse and to ensure the security of our information technology systems.

The data will be deleted as soon as they are no longer required for the purpose for which they were collected.

As a user, you have the possibility to cancel the registration at any time. You can have the data stored about you changed at any time.

RailServizz ticket system

On our website there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. These data are:

  • First and last name
  • Software used and version
  • Used technique
  • Operating system
  • Question or problem description
  • E-mail address

At the time the message is sent, the following data is also stored:

  • The IP address of the user
  • Date and time of registration

For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy.

In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The processing of the personal data from the input mask serves us solely to process your questions. The requested e-mail address is used exclusively for the processing of the data.

The other personal data processed during the sending process serves to prevent misuse of Railservizz and to ensure the security of our information technology systems.

The data will be deleted as soon as they are no longer required for the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when the ticket is closed by us or the user.

The user has the possibility to revoke his or her consent to the processing of personal data at any time. If the user contacts us in writing, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

You must explicitly give your consent to the storage. Otherwise the process will be cancelled. You can revoke your consent at any time in writing by letter. For reasons of data protection and secure identification of your person, a revocation by telephone or e-mail is not possible.

In this case, all personal data stored in the course of the contact will be deleted.

Rights of the data subject

Right of access to information

You can request confirmation as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information about the following:

  • The purposes for which the personal data are processed.
  • The categories of personal data processed.
  • The recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed.
  • The planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage.
  • The existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing.
  • The existence of a right of appeal to a supervisory authority.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

Right of rectification

You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

Right to limit processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  • If you dispute the accuracy of the personal data concerning you for a period of time that allows the person responsible to verify the accuracy of the personal data.
  • The processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but you need it in order to assert, exercise or defend legal claims, or
  • if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right of cancellation

You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a DSGVO and there is no other legal basis for the processing.
  • You object to the processing pursuant to Art. 21 (1) DPA and there are no legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 (2) DPA.
  • The personal data concerning you were processed unlawfully.
  • The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or national law to which the controller is subject.
  • The personal data concerning you has been collected in relation to information society services offered in accordance with Art. 8 para. 1 DSGVO.

The right of cancellation does not exist insofar as the processing is necessary:

  • On the exercise of the right to freedom of expression and information.
  • In order to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or in the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • For reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO.
  • For archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
  • to assert, exercise or defend legal claims.

Right to information

If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right vis-à-vis the controller to be informed of these recipients.

Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that

  • The processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
  • the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one person responsible to another, as far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

Right to withdraw the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision

  • Is necessary for the conclusion or fulfilment of a contract between you and the person responsible.
  • is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g DPA applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to present his or her point of view and to challenge the decision.

Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.