Privacy Policy for Prospects (PES)

We, Porsche Engineering Services GmbH (hereinafter referred to as "we" or "[PES]"), are happy about your interest in our products and services. We take the protection of your personal data very seriously. Your personal data will be processed exclusively in ac-cordance with the statutory provisions of data protection law, in particular the General Data Protection Regulation (hereinafter referred to as "GDPR"). With this Privacy Policy, we inform you about the processing of your personal data and about your rights as a data subject as affected in the area of answering your inquiries. For information on the processing of personal data in other areas, please refer to the respective specific privacy policies.

1. Controller and data protection officer

Responsible for the data processing as controller in terms of data protection law is:

Porsche Engineering Services GmbH
Etzelstraße 1
74321 Bietigheim-Bissingen
Deutschland
datenschutz@porsche-engineering.de

If you have any questions or suggestions regarding data protection, please feel free to contact us. You can reach our data protection officer as follows:

Porsche Engineering Services GmbH
Etzelstraße 1
74321 Bietigheim-Bissingen
Deutschland
datenschutz@porsche-engineering.de

With regard to data processing within the framework of Porsche Group's internal administration and joint procedures through centralized systems, we and certain Group Companies of Porsche AG are jointly responsible as joint controllers. The joint processes particularly pertain to the operation and use of jointly used databases, platforms and IT systems. With respect to the joint pro-cesses, we and the respective Group Companies jointly determine the purposes and means of processing. In an agreement on joint controllership pursuant to Article 26 GDPR, we and the respective Group Companies have determined how the respective tasks and responsibilities in the processing of personal data are structured and who fulfills which data protection obligations. In partic-ular, it was determined how an appropriate level of security and your rights as a data subject can be ensured, how the information duties under data protection law can be fulfilled jointly and how potential data protection incidents can be monitored. This also includes ensuring that reporting and notification obligations are fulfilled. Porsche AG is at your disposal as your central contact point. You can also assert your rights with regard to the processing of personal data in joint controllership vis-à-vis any jointly responsible Group Company. In case you contact us, we and the relevant Group Companies will coordinate in accordance with the aforementioned agreement pursuant to Article 26 GDPR in order to respond to your inquiry and to guarantee your rights as a data subject.

Jointly responsible Group Companies:

Dr. Ing. h.c. F. Porsche AG, Porscheplatz 1, 70435 Stuttgart, Tel.: +49 711 911-0, E-Mail: info@porsche.de Contact: https://www.porsche.com/germany/privacy/contact/

2. Subject of data protection

The subject of data protection is the protection of personal data. This is all information relating to an identified or identifiable natural person (so-called data subject). This includes information such as name, postal address, email address or telephone num-ber, but also other information about your person that arises in the course of our interaction with you, in particular information that arises during the initiation of a business relationship.

3. Purposes and legal basis of data processing

In the following, you will find an overview of the purposes and legal basis of data processing. In any case, we process personal data in accordance with the legal requirements, even if in individual cases a different legal basis should be relevant than that stated below.

The provision of personal data by you may be required by law or contract or may be necessary for the conclusion of a contract. We will point it out separately if you are obliged to provide personal data and what possible consequences the non-supply would then have (e.g. a loss of claims or our position not to provide the requested service without providing certain information).

3.1 Performance of a contract and pre-contractual measures

We process your personal data if this is necessary for the performance of a contract to which you are a party or for the implemen-tation of pre-contractual measures taken in response to your request. The data processing is based on Article 6 paragraph 1 letter b) GDPR. The purposes of processing depend on the specific contract and in particular responding to your inquiries in the context of creating and processing offers. Further details on the purposes of data processing can be found in the respective contractual documents, which are not necessarily specific to data protection.

3.2 Compliance with legal obligations

We process your personal data to comply with legal obligations to which we are subject. The data processing is based on Article 6 paragraph 1 letter c) GDPR. These obligations may arise, for example, from commercial, tax, money laundering, financial or criminal law. The purposes of the processing result from the respective legal obligation; as a rule, the processing serves the purpose of complying with state control and information obligations.

3.3 Safeguarding of legitimate interests

We also process your personal data to pursue the legitimate interests of ourselves or third parties, unless your rights, which require the protection of your personal data, outweigh these interests. The data processing is based on Article 6 paragraph 1 letter f) GDPR. The processing to safeguard legitimate interests is carried out for the following purposes or to safeguard the following interests.

  • Processing of data in a central prospective customer and customer care platform as well as upstream and downstream sys-tems for customer retention and sales purposes;
  • Handling of warranty and goodwill cases, handling of non-contractual inquiries and concerns;
  • Ensuring legally compliant actions, prevention of and protection against legal violations (especially criminal offences), asser-tion of and defense against legal claims, internal and external compliance measures;
  • Safeguarding of the householder’s right, among other things by means of video surveillance and other measures for building and plant security within the legally permissible framework;
  • Ensuring availability, operation and security of technical systems as well as technical data management;
  • Answering and evaluation of contact requests and feedback.

3.4 Consent

We process your personal data on the basis of corresponding consent. The data processing is based on Article 6 paragraph 1 letter a) GDPR. If you give your consent, it is always for a specific purpose; the purposes of processing are determined by the content of your declaration of consent. You may revoke any consent you have given at any time, without affecting the legality of the pro-cessing that has taken place on the basis of the consent until revocation.

3.5 Change of purpose

If we process your personal data for a purpose other than that for which the data was collected, beyond the scope of a correspond-ing consent or a mandatory legal basis, we will take into account, in accordance with Article 6 paragraph 4 GDPR, the compatibility of the original and the now pursued purpose, the nature of the personal data, the possible consequences of further processing for you and the guarantees for the protection of the personal data.

3.6 Profiling

We do not carry out automated decision making or profiling in accordance with Article 22 GDPR. Profiling is only carried out to protect our legitimate interests as described above.

4. Recipients of personal data

Within our company, only those persons who need your personal data for the respective purposes mentioned have access to it. Your personal data will only be passed on to external recipients if we have legal permission to do so or have your consent. Below you will find an overview of the corresponding recipients:

  • Commissioned processors: Group companies or external service providers, for example in the areas of technical infrastructure and maintenance, which are carefully selected and reviewed. The processors may only use the data in accordance with our instructions.
  • Public bodies: Authorities and state institutions, such as tax authorities, public prosecutors' offices or courts, to which we (must) transfer personal data, e.g. to fulfil legal obligations or to protect legitimate interests.
  • Private bodies: Group companies and service companies, cooperation partners, (non-processor) service providers or commis-sioned persons.

5. Data processing in third countries

If a data transfer takes place to entities whose registered office or place of data processing is not located in a member state of the European Union, another state party to the Agreement on the European Economic Area or a state for which an adequate level of data protection has been determined by a decision of the European Commission, we will ensure prior to the transfer that either the data transfer is covered by a statutory permit, that guarantees for an adequate level of data protection with regard to the data transfer are in place (e.g., through the agreement of contractual warranties, officially recognized regulations or binding internal data protection regulations at the recipient), or that you have given your consent to the data transfer.

If the data is transferred on the basis of Articles 46, 47 or 49 paragraph 1, subparagraph 2 GDPR, you can obtain from us a copy or reference to the availability of the guarantees for an adequate level of data protection in relation to the data transfer. Please use the information provided under Section 1.

6. Storage duration, erasure of data

We store your personal data, if there is legal permission to do so, only as long as necessary to achieve the intended purposes or as long as you have not revoked your consent. In the event of an objection to processing, we will delete your personal data, unless

further processing is still permitted by law. We will also delete your personal data if we are obliged to do so for other legal reasons. Applying these general principles, we will usually delete your personal data immediately

  • after the legal permission has ceased to apply and provided that no other legal basis (e.g. commercial and tax law retention periods) intervenes. If the latter applies, we will delete the data after the other legal basis has ceased to apply;
  • if your personal data is no longer required for the purposes we pursue and no other legal basis (e.g. commercial and tax law retention periods) intervenes. If the latter is the case, we will delete the data after the other legal basis has ceased to apply ;

7. Rights of data subjects

Right to access: You have the right to receive information about your personal data stored by us.

Right to rectification and erasure: You can demand that we correct incorrect data and, if the legal requirements are met, delete your data.

Restriction of processing: You can demand that we restrict the processing of your data, provided that the legal requirements are met.

Data portability: If you have provided us with data on the basis of a contract or consent, you may, if the legal requirements are met, demand that the data you have provided us with are handed over in a structured, common and machine-readable format or that we transfer it to another controller.

Objection: You have the right to object at any time to data processing by us based on the safeguarding of legitimate interests for reasons arising from your particular situation. If you make use of your right to object, we will stop processing the data unless we can prove compelling reasons for further processing worthy of protection which outweigh your rights and interests.

Objection to direct marketing: If we process your personal data for the purpose of direct marketing, you have the right to object to our processing of your data for this purpose at any time. If you exercise your right to object, we will stop processing your data for this purpose.

Revocation of consent: If you have given us your consent to process your personal data, you can revoke it at any time with effect for the future. The legality of the processing of your data until revocation remains unaffected.

Right to lodge a complaint with a supervisory authority: You can also lodge a complaint with the competent supervisory authority if you believe that the processing of your data violates applicable law. You can contact the supervisory authority responsible for your place of residence or your country or the supervisory authority responsible for us.

Your contact with us and the exercise of your rights: Furthermore, you can contact us free of charge if you have questions regard-ing the processing of your personal data and your rights as a data subject. Please contact us at datenschutz@porsche-engineering.de or by letter mail to the address provided under Section 1. Please make sure that we can definitely identify you. If you revoke your consent, you can alternatively choose the contact method that you used when you gave your consent.

8. Effective date

The latest version of this Privacy Policy applies. This version dates from 26.07.2021.