Privacy Policy - Marketplace

Thank you for your registration on our marketplace at https://www.circunomics.com/ (“marketplace”) and for your interest in our company. This marketplace is open to registered users who can act as Buyers and/or Sellers (“User”) for second life battery modules trading and recycling on a large scale. On the occasion of your use of our marketplace, we also process personal data within the meaning of Art. 4 (1) GDPR (“data”) from you.

 

1. Controller

The controller according to Art. 4 (7) GDPR for the processing of your data in connection with this marketplace is:

Circunomics GmbH. (“we”)
Quintinsstr. 16
55116 Mainz
Germany
E-mail: hello@circunomics.com

You can reach the Circunomics data protection officer as follows:

MELCHERS Rechtsanwälte Partnerschaftsgesellschaft mbB
Johannes Fischer
Solmsstraße 71
60486 Frankfurt am Main
Germany
Email: j.fischer@melchers-law.com
Phone: 0049 69 653000659

 

2. Purpose of data processing, legal grounds, storage period, recipients, and third-country transfer

Depending on the purpose of processing, your data may be processed on different legal grounds. When using our marketplace, we are partly supported by processors who process your data on our behalf and our instructions and are thus recipients of your data (“service providers”).

In the following, we name the different purposes for which your data may be processed on our marketplace, stating the relevant legal grounds as well as an indication of the storage period. We will also tell you whether your data is disclosed to service providers or other companies and whether a transfer of your data outside the European Economic Area (“EEA”) takes place.

a. Registration for the shop

To use the marketplace, you must create a customer account on our marketplace.

Data that you must provide to us for registration are marked as such. This data is required in order to set up a customer account for you. All other information is voluntary and only serves to provide you with more individualised service.

The legal basis for the data processing involved in opening a customer account is Art. 6 para. 1 lit. f) GDPR. We have a legitimate economic interest in offering the marketplace exclusively to registered companies and customers who have been verified by us in advance due to the special nature of the goods offered on the marketplace. In addition, our offer is aimed exclusively at entrepreneurs, so we are also required to check this for legal reasons.

We will delete your data, if it is related to a contractual relationship, only after the expiry of any retention periods under commercial or tax law, which may be up to 6 years. These periods regularly begin at the end of the year in which you ordered the goods. We delete all other data when you close your customer account and there is no reason to keep your data longer.

In order to be able to offer you our marketplace we rely on the support of service providers who process your Data exclusively on our behalf and according to our instructions.

b. Contracts between users

The marketplace provides an integrated information system to simplify communications between the Seller and the Buyer as well as functionalities permitting management and monitoring of all ongoing business transactions. Purchase Contracts are concluded exclusively between the Buyer and the Seller.

We only offer a platform for the conclusion of contracts. In order to be able to offer you the platform, it is also necessary to process data. To this end, we pass on, for example, your e-mail address and other data that you provide in the course of initiating a contract with the respective buyer or seller and send to the other party. The buyer or seller receives this data as an independently responsible party according to Art. 4 No. 1 GDPR. The corresponding processing of your data is based on Art. 6 para. 1 lit. f) GDPR due to our legitimate economic interests in being able to make our marketplace available to you.

We send email notifications to registered users in case of conscience events on our marketplace. This is the case, for example, when the registered users get in touch, a notification is sent about the availability of goods, a purchase contract is concluded, the shipment is confirmed or bank details are exchanged. A service provider assists us in sending this e-mails. The use of the service provider may result in a transfer of your data to the USA. There is currently no adequacy decision by the European Commission for data transfers to the USA. The data transfer takes place on the basis of standard contractual clauses as appropriate guarantees for the protection of personal data, which are part of the concluded contract for commissioned processing. The corresponding processing of your data is based on Art. 6 para. 1 lit. f) GDPR due to our legitimate economic interests in being able to make our marketplace available to you.

We erase your data only after the expiry of any retention periods under commercial or tax law, which may be up to 6 years.

c. Sub-Users

You may also be invited by a user as a sub-user to use our marketplace if you are an employee, staff or other representative of a user.

To do this, we regularly receive invoice data, organisational contact, in particular an email address, from the user who invites you. You will then only need to set a password.

The statements in this privacy policy apply accordingly to the sub-users.

d. Buyer Commission

If you have concluded a contract with a Seller via your registered account, the Buyer is obliged to pay an amount equal to 10% (“Buyer Commission“) of the respective purchase price of a second life battery module.

The processing of the data is based on Art. 6 para. 1 lit. b) GDPR if you are personally the contracting party and therefore personally responsible for the fulfilment of the Buyer Commission. If you have acted as a representative of a company, the data processing is based on Art. 6 para. 1 lit. f) GDPR due to our legitimate economic interests in settling the Buyer Commission against the actual contracting party.

We erase your data only after the expiry of any retention periods under commercial or tax law, which may be up to 6 years.

The above applies accordingly to the processing of data within the scope of a test order.

e. Contact

On our marketplace, we give you the opportunity to contact us on various topics.

If you contact us using our contact form, the mandatory information you must provide is marked as such. This information is required to process your request. All other information is voluntary and only serves to answer your inquiry more precisely. In addition, you can contact us by telephone, e-mail or mail. The data we process from you in this context may vary depending on the communication channel, but will regularly include your first and last name, address, telephone number or e-mail address.

If your contact is directed towards the conclusion of a contract or is related to a contract, we process your data based on Art. 6 (1)(b) GDPR. If your contact is of a general nature, we process your data according to Art. 6 (1)(f) GDPR based on our legitimate interests in answering your inquiry about our company and/or our offers individually and as best as possible.

We delete your data connected to a contractual relationship, only after the expiry of commercial or tax retention periods if necessary, which can be up to 6 years. These periods regularly begin at the end of the year in which you contacted us. We delete all other data when your inquiry has finally clarified, and we are not subject to any legal obligation to retain the corresponding data.

f. Other Purposes

In addition to the purposes described above, we may or must also process your data for other purposes. We may process your data on the basis of Art. 6 para. 1 lit. f) GDPR if this is necessary for the termination of the Circunomics Relationship Terms with the respective contractual partner, for the assertion, defence or enforcement of claims of any kind, even after the termination of the contractual relationship, for the prevention as well as the detection and prosecution of breaches of contracts, in particular the Circunomics Relationship Terms, administrative offences and criminal offences, for the establishment and maintenance of an efficient business organisation (in particular with regard to costs) as well as for the fulfilment of obligations under tax and commercial law to keep records or to provide evidence. In addition, your data may be processed for the fulfilment of legal obligations to which we are subject (Art. 6 para. 1 lit. c) GDPR), such as the fulfilment of claims under the GDPR.

3. Recipients of the data

The service providers and companies named above are initially the only recipients of your data when using our marketplace. In addition, service providers engaged by us support us in the maintenance, care and further development of our marketplace, who process your data only on our instructions and on our behalf. In addition, lawyers, tax advisors and the external data protection officer may receive your data. Beyond this, your data will only be passed on following a legal obligation, such as to authorities or for the defence, establishment, exercise or protection of legal claims.

4. Third country transfer

The involvement of the companies mentioned under 2. may result in a transfer of your data to a third country and thus outside the EEA. Details can be found in the respective description.

5. Your rights

Under the provisions of the GDPR, you may assert the following rights against us:

  • Right to access (Art. 15 GDPR),

  • Right to rectification (Art. 16 GDPR),

  • Right to erasure (Art. 17 GDPR),

  • Right to restriction of processing (Art. 18 GDPR),

  • Right to data portability (Art. 20 GDPR).

You have the right to revoke any consent given to us at any time with effect for the future. Also, you may object to the processing of your data described here to safeguard legitimate interests at any time with effect for the future under Art. 21 GDPR. If the processing is not carried out for direct marketing purposes, the right to object only exists for reasons arising from your particular situation. In addition, you can complain to a supervisory authority at any time. The supervisory authority responsible for us is:

Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Rheinland-Pfalz
Prof. Dr. Dieter Kugelmann
Hintere Bleiche 34
55116 Mainz

Telefon: +49 (0) 6131 8920-0
Telefax: +49 (0) 6131 8920-299
Webseite: https://www.datenschutz.rlp.de/
E-Mail: poststelle(at)datenschutz.rlp.de